Board of Supervisors — 2014-05-06May 6, 2014

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BodyBoard of Supervisors
MeetingRegular Meeting
Date📅 May 6, 2014

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Meeting Summary

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At a glance

National Nurses Day and Week Resolution

  • Supervisor Carbajal sponsored a resolution proclaiming May 6, 2014, as National Nurses Day and the following week as National Nurses Week.
  • Speakers highlighted the contributions of nurses to public health, disease prevention, and emergency services.
  • The Board passed and adopted the resolution.

National Foster Care Month Resolution

  • Supervisor Wolfe sponsored a resolution recognizing the contributions of foster, adoptive, and relative caregivers.
  • The Department of Social Services noted the county’s ongoing need for approximately 100 new foster families annually.
  • The Board passed and adopted the resolution.

Commendation of UC Santa Barbara for Health Promotion

  • Supervisor Farr sponsored a resolution recognizing UCSB for its collaboration with health agencies to contain a meningococcal disease outbreak.
  • UCSB coordinated a mass vaccination campaign that administered over 17,000 shots of a special vaccine.
  • The Board passed and adopted the resolution.

Mental Health Month Resolution

  • Chairman Lavagnino sponsored a resolution proclaiming May 2014 as Mental Health Month to combat stigma.
  • The Mental Health Commission Chair spoke on the importance of awareness and preventive measures.
  • The Board passed and adopted the resolution.

Compost Awareness Week Resolution

  • Supervisor Adams sponsored a resolution proclaiming the week of May 5–11, 2014, as Compost Awareness Week.
  • Discussion covered the benefits of composting for soil health and food safety concerns regarding vegetable production.
  • The Board passed and adopted the resolution.

Traditions Behavioral Health Contract

  • The Board considered a $5.8 million four-year agreement to fill up to five psychiatrist positions with independent contractors.
  • Public comment was divided, with union representatives opposing the contract and mental health advocates supporting it for timely care.
  • Supervisors discussed recruitment planning and cultural competence concerns before considering the item.

Transient Occupancy Tax (TOT) Increase Ballot Measure

  • The Board considered a second reading of an ordinance to increase the TOT from 10% to 12.5% for the November 2014 election.
  • Public comment included opposition from hotel representatives who argued for a lower rate to maintain competitiveness.
  • Supervisors debated the necessity of the increase for economic development and revenue backfilling.
  • The measure passed with a vote of 4-1.

Public Art Elements on US 101 Union Valley Parkway Interchange

  • Supervisor Adams pulled the item to publicly recognize contributors to the interchange art pieces.
  • The item was subsequently included in the approval of the balance of the A agenda.

Civil Attorneys Association MOU

  • The Board approved a memorandum of understanding mirroring previous contracts for Civil Attorneys Association members.
  • The agreement includes merit-based increases to bring county counsel attorneys closer to parity with deputy district attorneys.
  • The item was approved by unanimous vote.

Wage Increase for Engineers and Technicians

  • The Board approved a 1% wage increase effective June 23, 2014, for employees represented by the Engineers and Technicians Association.
  • The same increase was recommended for unrepresented confidential employees per side letter agreements.
  • The item was approved by unanimous vote.
No decision 0–0

Veterans Memorial Buildings and Courthouse Consolidation

  • Staff presented a plan for the County to assume management of the Santa Barbara Veterans Memorial Building to improve stewardship.
  • The proposal requires two new full-time positions and carries an estimated first-year operating deficit of approximately $150,150.
  • Public comment was mixed, with some supporting County management and others requesting a one-year extension of the current agreement.
  • The Board unanimously adopted the plan with additional funding.

Grand Jury Report Response (211 Helpline)

  • Staff presented recommended responses to a Grand Jury report regarding the viability and funding of the 211 helpline.
  • The Community Action Commission was selected as the local operator, with a transition anticipated for July 1, 2014.
  • The Board unanimously approved the responses and authorized the Chair to sign the formal letter.

Benefit Assessments for County Service Areas

  • Staff recommended establishing benefit assessments for street lighting in CSA 331 and maintaining rates for CSA 31.
  • The North County Lighting District was recommended to have a zero benefit assessment rate due to sufficient property tax revenues.
  • The Board unanimously adopted the resolution establishing the specified benefit assessment charges.

Summerland Community Plan Update

  • Staff proposed amendments to transportation and aesthetic policies, including a 25-foot height limit with a 3-foot roof pitch adjustment.
  • Discussion focused on height limits, floor area ratio adjustments, and provisions for one-car garage exemptions.
  • The Board unanimously adopted staff recommendations, striking the clause requiring staff to determine two-car garage feasibility.

Appeal of Historic Landmarks Advisory Commission Decision (Juarez-Hosmer Adobe)

  • The applicant requested a continuance to review new structural engineering information and a treatment plan.
  • The appellant supported the continuance provided it leads to progress toward proper structure treatment.
  • The Board unanimously granted the continuance to June 3rd.

Closed Session

  • The Board noted that closed session would address two existing litigation matters.
  • The session would also cover three employee labor negotiations and three employee performance evaluations.

Full summary

Meeting Opening and Administrative Announcements

  • The Board of Supervisors called the May 6 meeting to order, took a roll call, and recited the Pledge of Allegiance. The Board approved the minutes of the April 22 meeting by unanimous vote. There were no requests for public comment. Administrative announcements included the withdrawal of agenda item A-17 (acceptance of easements for public utility purposes, Sierraville 4) at the request of the Public Works Department, and the addition of item A-31 (appointment of Kenneth Bell to the Advisory Board on Alcohol and Drug Problems) via an addendum. The Board approved agenda items A1 through A5 by unanimous vote.

Agenda Item A1: National Nurses Day and Week Resolution

  • Supervisor Carbajal sponsored a resolution proclaiming May 6, 2014, as National Nurses Day and the week of May 6–12, 2014, as National Nurses Week in Santa Barbara County. The resolution highlighted the contributions of nurses to the healthcare system and emphasized the 2014 theme, "Nurses Leading The Way." Speakers Paige Batson, Sandra Copley, Linda Penny, and Yvette Calhoun thanked the Board for the recognition and discussed the role of nurses in public health, disease prevention, and emergency services. The resolution was passed and adopted.

Agenda Item A2: National Foster Care Month Resolution

  • Supervisor Wolfe sponsored a resolution proclaiming May 2014 as National Foster Care Month. The resolution recognized the contributions of foster parents, adoptive parents, and relatives who provide stable homes for children in need. The DeWitt family, foster parents who adopted their son RJ, were honored. Daniel Nielsen, Director of the Department of Social Services, noted the county’s ongoing need for approximately 100 new foster families annually and provided contact information for interested individuals. The resolution was passed and adopted.

Agenda Item A3: Commendation of UC Santa Barbara for Health Promotion

  • Supervisor Farr sponsored a resolution recognizing the University of California, Santa Barbara (UCSB) for its promotion of health in Santa Barbara County. The resolution cited UCSB’s collaboration with the Santa Barbara County Health Department, the California Department of Public Health, and the Centers for Disease Control to contain a meningococcal disease outbreak among students in November 2013. UCSB secured a vaccine and coordinated a mass vaccination campaign. Dr. Mary Ferris, Director of Student Health at UCSB, stated that over 17,000 shots of the special vaccine were administered. The resolution was passed and adopted.

Agenda Item A4: Mental Health Month Resolution

  • Chairman Lavagnino sponsored a resolution proclaiming May 2014 as Mental Health Month. The resolution cited statistics from the U.S. Surgeon General regarding the prevalence of mental disorders and called upon citizens to fight stigma associated with mental illness. James Road, Chair of the Mental Health Commission, spoke on the importance of awareness and preventive measures. The resolution was passed and adopted.

Agenda Item A5: Compost Awareness Week Resolution

  • Supervisor Adams sponsored a resolution proclaiming the week of May 5–11, 2014, as Compost Awareness Week. The resolution highlighted the benefits of composting for soil health, water conservation, and waste reduction. Bob Engel from Engle & Gray spoke on behalf of the International Composting Council. Discussion included the agricultural use of compost and food safety concerns regarding compost application in vegetable production. The resolution was passed and adopted.

Agenda Item A6: Traditions Behavioral Health Contract

  • The Board considered a request from Alcohol, Drug and Mental Health Services (ADMHS) regarding an agreement with Traditions Behavioral Health (TBH) to fill up to five civil service psychiatrist positions with independent contractors. The proposed contract was valued at approximately $5.8 million for four years.
  • Public Comment: Dr. Mark Koffler and Dr. Peter Tilton, representing the Union of American Physicians and Dentists (UAPD), opposed the contract, arguing it was unnecessary, financially imprudent, and a degradation of the bargaining unit. They stated that recruitment efforts by the department had been insufficient and that alternative recruiting methods were already in place. Steve Cook, a UAPD representative, opposed the contract, citing unfair labor practice concerns and higher costs compared to standard recruitment. Jan Winter, representing NAMI, supported the contract, emphasizing the need for timely treatment and consistent care for clients. James Road, representing clients and families, urged the Board to fill the positions immediately, stating that a six-month delay was unacceptable given the current crisis.
  • Board Discussion: Supervisor Wolfe expressed support for the contract after revisions but noted the need for better future recruitment planning. Supervisor Carbajal stated that staff reports addressed his concerns regarding civil service recruitment and cultural competence.
  • Decision: The transcript does not explicitly state the final vote outcome for this specific item in this section, as the discussion transitions to other items. However, the item was placed on the agenda for consideration.

Agenda Item A10: Transient Occupancy Tax (TOT) Increase Ballot Measure

  • The Board considered a second reading of an ordinance regarding a TOT increase ballot measure for the November 2014 general election. The proposal was to increase the TOT from 10% to 12.5%.
  • Public Comment: George Thompson, a vacation rental owner, argued for a 12% increase rather than 12.5% to maintain competitiveness with municipalities. Seamus McManus, representing San Ysidro Ranch, opposed the 12.5% increase, calling it excessive and suggesting a range of 8–10%. Larry Thomas, representing Four Seasons, also opposed the 12.5% increase, aligning with the 12% rate of other municipalities.
  • Board Discussion: Supervisor Wolfe supported the 12.5% rate but expressed a preference for aligning with the 12% rate of other cities. Supervisor Adams opposed the measure, stating he would not support raising taxes without a designated use for the funds, specifically economic development. Supervisor Lavagnino argued that the 12.5% rate was necessary to backfill lost revenue from the glider revenue neutrality agreement and to fund economic development, visitors bureaus, and chambers of commerce. Supervisor Farr supported the measure, noting the small per-night cost to visitors. Supervisor Carbajal initially expressed sympathy for the industry's concerns but ultimately supported the measure, citing the need for four votes and the benefits of the additional revenue.
  • Decision: A motion was made and seconded to move item A10. The measure passed with a vote of 4-1.

Agenda Item A22: Public Art Elements on US 101 Union Valley Parkway Interchange

  • Supervisor Adams pulled this item to publicly recognize Hannah Rubel Cava, the Orchid Children's Art Foundation, Will Robertson from Public Works, and a student artist from the Orchid area high schools for contributing art pieces for the interchange. The item was then included in the approval of the balance of the A agenda.

Approval of Balance of A Agenda

  • A motion was made and seconded to approve the balance of the A agenda. The motion passed unanimously.

Departmental Agenda Item 1: Civil Attorneys Association MOU

  • The Board considered a hearing regarding the terms and conditions of employment for the Civil Attorneys Association (SEIU Local 620), public defenders, and unrepresented attorneys. The memorandum of understanding (MOU) mirrors previous contracts and includes merit-based increases to bring county counsel attorneys closer to parity with deputy district attorneys. The same changes were recommended for the public defenders bargaining unit. No public speakers were present. The item was approved by unanimous vote.

Departmental Agenda Item 2: Wage Increase for Engineers and Technicians

  • The Board considered a hearing to approve a 1% wage increase effective June 23, 2014, for employees represented by the Engineers and Technicians Association and SEIU Local 721, per side letter agreements. The same 1% increase was recommended for unrepresented confidential employees. No public speakers were present. The item was approved by unanimous vote.
No decision 0–0

Departmental Agenda Item 3: Veterans Memorial Buildings and Courthouse Consolidation

  • General Services staff presented a consolidated management plan for the Santa Barbara Veterans Memorial Building, the Lompoc Veterans Memorial Building, and the interior rental venues at the Santa Barbara County Courthouse. The presentation outlined the history of the Santa Barbara building, noting that the current management agreement with the Veterans Coordinating Council (VCC) expires on June 30, 2014. Staff cited a 2012 audit identifying financial control deficiencies, recent leadership instability within the VCC, and the poor physical condition of the building due to deferred maintenance. The proposed plan involves the County assuming management of the Santa Barbara building to consolidate operations, increase efficiency, and improve stewardship of the historic site. The plan requires two new full-time positions and additional part-time hours, with an estimated first-year operating deficit of approximately $150,150. Staff requested the Board to receive and file the plan and either adopt it with additional funding or direct staff to negotiate a revised agreement with the VCC.
  • Supervisors and staff discussed the division of responsibilities between General Services (interior rentals) and the Parks Department (exterior lawn rentals) at the courthouse. Staff indicated that preliminary discussions with the County Veterans Services Office suggest the possibility of periodic veteran service officer presence at the building. General Services leadership expressed confidence in the County’s ability to manage the facility, citing successful management of the Lompoc building.
  • Public comment was received from seven individuals. Speakers representing the VVA, the Military Order of the Purple Heart, and the Korean War Veterans expressed support for County management or requested that veteran services remain the priority. Other speakers, including a former VCC board member, the Vice Chair of the County Veterans Advisory Committee, a VCC secretary, and a veteran, argued for a one-year extension of the current VCC agreement, citing the building’s positive cash flow, existing service officer presence, and the high cost of County takeover. One speaker requested a partnership model allowing the VCC to manage upgrades in exchange for longer leasing rights.
  • Supervisor Wolf moved to adopt Recommendation 1A, directing the County to take over management of the building, and Supervisor Farr seconded the motion. Supervisors discussed the importance of maintaining veteran services, the potential for increased outreach, and the financial implications of the decision. Supervisor Carbajal suggested developing a brochure outlining available services and exploring mental health service pilots at the facility. The Chair confirmed that adopting the motion would require ongoing budget funding, reducing discretionary unallocated general fund revenue.
  • Vote Outcome: The motion to receive and file the proposed consolidated management plan and to adopt the plan with additional funding passed unanimously.

Agenda Item 4: Grand Jury Report Response (211 Helpline)

  • Staff presented recommended responses to the Grand Jury report titled "What is 211? Will it survive in Santa Barbara County?" The report raised concerns regarding the viability, funding, and management of the 211 helpline program. Staff noted that the Board had already taken action on April 1 to support the program, including allocating $30,000 for a database update. The recommended responses indicated agreement with the Grand Jury’s findings that 211 is a vital resource and that the database requires updating. The Board partially agreed with the finding of insufficient funding, noting that a community investment partnership model was proposed. The Community Action Commission (CAC) was selected as the local operator, with a transition anticipated for July 1, 2014.
  • Supervisors discussed the status of outreach to cities for proportional funding contributions. Staff reported that Solvang and Buellton agreed to the funding strategy, while Carpinteria, Lompoc, Goleta, and Guadalupe expressed disinterest or referred the matter to other bodies. Staff clarified that they would continue working with the cities of Santa Barbara and Santa Maria to secure funding. Supervisor Farr requested that the specific cities expressing disinterest be noted in the record. Supervisor Carbajal suggested emphasizing the disaster preparedness value of 211 in future presentations to city councils.
  • Vote Outcome: The motion to approve staff’s recommendation to adopt the responses to the Grand Jury report and authorize the Chair to sign the formal letter passed unanimously.

Agenda Item 5: Benefit Assessments for County Service Areas

  • Public Works staff presented recommendations to establish benefit assessments for street lighting in County Service Area (CSA) 331 and the North County Lighting District for fiscal year 2014-15. For CSA 31 (Goleta Valley), the proposed benefit assessment rate remained unchanged at $24 per year, with a projected year-end fund balance of $416,752. For CSA 331, the proposed rate was $12.93 per year, with a projected year-end fund balance of $200,723. Staff indicated that sufficient property tax revenues exist for the North County Lighting District, recommending that the benefit assessment rate remain at zero.
  • Supervisor Farr inquired about the financial capacity to cover ongoing operations and maintenance for new street lighting installations in CSA 31. Staff confirmed that the current fund balance provides a buffer for anticipated costs. Supervisor Farr also asked about the process for adding services to a CSA, and staff confirmed that this requires a LAFCO process.
  • Vote Outcome: The motion to adopt the resolution establishing benefit assessment charges for CSA 31 and CSA 331 and to not establish benefit assessments for the North County Lighting District passed unanimously.

Closed Session

  • The Board noted that closed session would address two existing litigation matters, three employee labor negotiations, and three employee performance evaluations. The meeting was recessed to reconvene at 12:45 PM.

Item 6: Summerland Community Plan Update

  • Staff presented proposed amendments to the Summerland Community Plan, focusing on transportation/circulation policies (specifically right-of-way abandonment and encroachments) and aesthetic/visual resource policies (height methodology, height limits, floor area limits, and design guidelines). Staff recommended allowing right-of-way abandonment/encroachment permits consistent with county standards, adopting a height measurement methodology based on existing grade (consistent with the rest of the county since 2006), and implementing specific height limits and floor area ratio (FAR) adjustments.
  • Key points of discussion included:
  • Height Limits: Staff recommended a 25-foot height limit with a 3-foot roof pitch adjustment for rural neighborhoods/EDRNs and urban areas outside the urban grid. The Planning Commission had recommended 25 feet with no roof pitch adjustment for these areas. Staff argued for uniformity with the rest of the county.
  • Floor Area Limits: Proposed increases in maximum floor area for lots larger than 10 acres, with corresponding slight reductions in commercial and mixed-use FARs to compensate for changes in how floor area is measured (interior surface of exterior walls).
  • Garage Provisions: A proposed provision allowing a 250-square-foot one-car garage exemption from FAR limits, contingent on staff determining that a two-car garage is not feasible. Staff opposed this provision, arguing it forces staff to assess design feasibility early in the process and that design is already subject to Board of Architectural Review (BAR) scrutiny.
  • Public Comment:
  • One speaker representing property owners in the Padero Lane EDRN requested that the staff recommendation (25 feet + 3-foot pitch adjustment) be adopted, arguing that the current complex height measurement methodology allows for taller structures through grade manipulation and that uniformity with the rest of the county is appropriate.
  • Another speaker, representing the Summerland Citizens Association, argued for maintaining lower height limits (16 feet) in the Loon Point area to preserve the rural character and open space of the beach, opposing the increase to 25 feet plus pitch adjustment.
  • A third speaker, also a community member, supported the previous speaker’s concerns regarding the visual impact of increased heights on the beach but also raised a "cleanup" issue regarding garage language, suggesting that the exemption for one-car garages should be clarified to specify square footage per car (250 sq ft for one car, 500 sq ft for two, 750 sq ft for three) and removing the staff feasibility determination clause.

Motion and Decision

  • Supervisor Carbajal moved to adopt staff’s recommendations 1 through 7, including the modification to height limits to allow the 3-foot roof pitch adjustment for the EDRN and the urban area outside the core urban grid. Regarding the garage issue, the motion specified that the provision requiring staff to determine the feasibility of a two-car garage (which would negate the one-car garage exemption) would be struck, while other agreed-upon garage language would remain.
  • The motion was seconded. The vote was unanimous in favor. The item passed.

Item 7: Appeal of Historic Landmarks Advisory Commission Decision (Juarez-Hosmer Adobe)

  • The Board heard a request for a continuance from the applicant, represented by AB Design Studio. The applicant requested a continuance to the June 3rd hearing to review new information from a structural engineer and adobe construction expert, including a new report and treatment plan, and to vet this with planning staff.
  • The appellant, representing the Pearl Chase Society, stated they would support the continuance provided it leads to progress toward the proper treatment of the structure. The appellant emphasized that the project requires a revised project description, a new historical preservation treatment plan, and subsequent review by the Historic Landmarks Advisory Committee and CEQA review. The appellant expressed appreciation for the collaborative efforts between the applicant and appellants.

Motion and Decision

  • Supervisor Carbajal moved to grant the continuance to June 3rd. The motion was seconded. The vote was unanimous in favor. The continuance was granted.

Agenda Item: Continuation of Applicant/Respondent Matter

  • Discussion: Following the conclusion of public comment, a request was made to continue the item to June 3rd, as requested by the applicant and accepted by the respondent.
  • Motion: A motion was made to continue the item to June 3rd.
  • Second: The motion was seconded.
  • Decision: The motion passed unanimously.
  • Vote Outcome: Passed.

Meeting Adjournment

  • The meeting of the Board of Supervisors was closed. The next meeting is scheduled for May 20th in Santa Barbara.