Meeting Summary
This summary was AI-generated to save you time. It may miss or misstate details, so verify against the official recording and the transcript.
At a glance
Community Choice Energy Update and Feasibility Study Contract Extension
- Supervisor Adams requested the item be pulled from the agenda due to cost concerns and potential job displacement.
- Staff explained the delay was caused by data consolidation issues with utility providers, with a report expected in June.
- Supervisor Wolf noted the expenditure is a cooperative effort with neighboring counties using shared funds.
- The Board voted to move the item forward despite the request to pull it.
Amendment to the Empower Program Funding Agreements
- Supervisor Adams requested a roll call vote without further discussion.
- The Board approved the amendment to the funding agreements.
DNA Identification Fund Report for Calendar Year 2016
- Supervisor Wolf highlighted the fund’s $881,000 balance and requested a memo on its utilization.
- The Sheriff’s Department representative stated funds are currently used for DNA processing at the jail.
- The Probation Department noted they also receive reimbursements from this fund.
- The item was included in the motion to approve the balance of the administrative agenda.
Resolution Proclaiming Tsunami Preparedness Week
- The resolution proclaims March 27–31, 2017, as Tsunami Preparedness Week.
- Staff outlined tsunami warning levels and safety procedures.
- An emergency manager encouraged residents to sign up for alerts to maintain the county’s "Tsunami Ready" designation.
- The resolution was passed and adopted.
Resolution of Commendation Honoring Jim Clark
- The resolution honors Jim Clark for 33 years of service to the County Probation Department.
- A department chief and Jim Clark spoke, thanking the board and emphasizing the importance of supporting youth.
- The resolution was passed and adopted.
Resolution of Commendation Honoring Shirley Moore
- The resolution honors Shirley Moore for over 18 years of service to Child Support Services.
- The interim director of Child Support Services and Shirley Moore spoke, thanking the board and colleagues.
- The resolution was passed and adopted.
Resolution Proclaiming National Agriculture Day and Week
- The resolution proclaims March 21, 2017, as National Agriculture Day and March 19–25 as National Agriculture Week.
- Speakers discussed the economic impact of agriculture in Santa Barbara County, including job creation and challenges from imported goods.
- The resolution was passed and adopted.
Resolution Proclaiming World Tuberculosis Day
- The resolution proclaims March 24, 2017, as World Tuberculosis Day.
- Public Health officials noted a decrease in local TB cases from 29 to 9 over the last three years due to targeted treatment.
- The resolution was passed and adopted.
Resolution Honoring the Legacy of Cesar Chavez
- The resolution honors the legacy and accomplishments of Cesar Chavez and his work with the United Farm Workers Union.
- A local artist performed a song associated with the farm worker movement, and a speaker described Chavez as a phenomenal organizer.
- The resolution was read into the record in English and Spanish.
- The resolution was passed and adopted.
Planning and Development Department Fee Ordinance (First Reading)
- The CEO stated the County has a policy of full cost recovery, and current fees do not cover costs, resulting in a general fund subsidy.
- The P&D Director presented a proposal to increase fees and simplify the structure to achieve full cost recovery.
- Public commenters opposed the fee increases, citing lack of public workshops, high hourly rates, and concerns about disincentivizing development.
- The Board approved the first reading of the ordinance with a directive for staff to return with recommendations for speeding up the applicant process.
Third Amendment to Lease with Bellwood Pipeline Inc. (Vinico LLC)
- The amendment extends the lease for 18 months to allow time for a focused Environmental Impact Report.
- Third-party engineers and federal regulators confirmed the pipelines are fit for service and pose no immediate risk of failure.
- Vinico will conduct the EIR at its own cost, with the process expected to take approximately 14 months.
- The Board approved the staff recommendation to extend the lease.
Behavioral Wellness Annual Liabilities Update
- Outstanding liabilities were $1.5 million as of January 31, 2017, down from a peak of $19.4 million in 2012.
- The decrease is attributed to liabilities being finalized at lower amounts and minimal new liabilities.
- The department has improved internal controls and successfully challenged state audit findings in previous years.
- The Board received and filed the report.
Closed Session
- The Board considered three matters of existing litigation and met with real property and labor negotiators.
- The Board also met with County Counsel regarding one case of anticipated litigation involving significant exposure.
- The report stated that there were no reportable actions resulting from these sessions.
Full summary
Meeting Start and Roll Call
- The Santa Barbara County Board of Supervisors convened for a regular meeting on March 21, 2017. Roll call was taken, and all five supervisors were present.
Approval of Minutes
- Motion: To approve the minutes from the special meeting of March 13, 2017, and the regular meeting of March 14, 2017.
- Discussion: None.
- Vote Outcome: Passed (4 ayes, 1 abstention).
CEO’s Report
- Discussion: The CEO’s office reported no items for this morning’s session.
Agenda Item A3: Community Choice Energy Update and Feasibility Study Contract Extension
- Discussion: Supervisor Adams requested the item be pulled from the agenda, citing concerns regarding the $220,000 cost and potential job displacement. Staff explained the delay was due to data consolidation issues with PG&E and Edison, with the report expected in June. Supervisor Wolf noted the expenditure was a cooperative effort with Ventura and San Luis Obispo counties, with shared funds and a voluntary program. Supervisor Adams stated that the private sector handles energy costs and government should not use general fund money for this purpose. Supervisor Lavagnino stated he was undecided but wanted to see the feasibility study results before making a final decision. Supervisor Williams expressed interest in renewable energy job generation. Staff clarified that all phases of the project are reimbursable.
- Motion: To move the item forward.
- Vote Outcome: Passed (4 ayes, 1 no).
Agenda Item A4: Amendment to the Empower Program Funding Agreements
- Discussion: Supervisor Adams requested a roll call vote without further discussion.
- Motion: To approve the item.
- Vote Outcome: Passed (4 ayes, 1 no).
Agenda Item A14: DNA Identification Fund Report for Calendar Year 2016
- Discussion: Supervisor Wolf highlighted the fund’s balance of $881,000, originally established for DNA identification for rape kits. A representative from the Sheriff’s Department stated the funds are currently used for DNA processing at the jail and that samples are sent to the state without direct cost to the county. The representative indicated they are exploring future uses for the funding. Supervisor Wolf requested a memo regarding the utilization of the funds to ensure they are spent on their intended purpose. A representative from the Probation Department noted that they also receive reimbursements from this fund and should be included in discussions. Supervisor Williams commented on the statewide backlog of rape kits.
- Motion: Included in the motion to approve the balance of the administrative agenda.
- Vote Outcome: Passed (5 ayes, 0 no).
Motion to Approve Balance of Administrative Agenda
- Motion: To approve the remaining items on the administrative agenda.
- Vote Outcome: Passed (5 ayes, 0 no).
Agenda Item A19: Resolution Proclaiming Tsunami Preparedness Week
- Discussion: The resolution, sponsored by Supervisor Williams, proclaims March 27–31, 2017, as Tsunami Preparedness Week. Staff presented the resolution, outlining tsunami warning levels and safety procedures. An emergency manager spoke about maintaining the county’s "Tsunami Ready" designation and encouraged residents to sign up for alerts.
- Decision: Passed and adopted.
Agenda Item A20: Resolution of Commendation Honoring Jim Clark
- Discussion: The resolution, sponsored by Supervisor Wolf, honors Jim Clark for 33 years of service to the County Probation Department, specifically at Los Paredes Boys Camp. A department chief and Jim Clark spoke, thanking the board and emphasizing the importance of supporting youth.
- Decision: Passed and adopted.
Agenda Item A21: Resolution of Commendation Honoring Shirley Moore
- Discussion: The resolution, sponsored by Supervisor Wolf, honors Shirley Moore for over 18 years of service to Child Support Services. The interim director of Child Support Services and Shirley Moore spoke, thanking the board and colleagues.
- Decision: Passed and adopted.
Agenda Item A22: Resolution Proclaiming National Agriculture Day and Week
- Discussion: The resolution, sponsored by Supervisor Hartman, proclaims March 21, 2017, as National Agriculture Day and March 19–25 as National Agriculture Week. Several speakers represented agricultural organizations and individual farms, discussing the economic impact of agriculture in Santa Barbara County, including wine grapes, cut flowers, nursery products, and strawberries. Speakers highlighted job creation, community support, and challenges such as competition from imported goods and regulatory costs.
- Decision: Passed and adopted.
Agenda Item A23: Resolution Proclaiming World Tuberculosis Day
- Discussion: The resolution, sponsored by Supervisor Lavagnino, proclaims March 24, 2017, as World Tuberculosis Day. Public Health officials discussed the county’s strategic plan for TB prevention, noting a decrease in local cases from 29 to 9 over the last three years due to targeted treatment of latent infections.
- Decision: Passed and adopted.
Agenda Item A24: Resolution Honoring the Legacy of Cesar Chavez
- Discussion: The resolution, co-sponsored by Supervisors Hartman and Lavagnino, honors the legacy and accomplishments of Cesar Chavez. The Human Resources Director provided a historical overview of Chavez’s work with the United Farm Workers Union, emphasizing nonviolent protest and worker protections. A local artist performed a song associated with the farm worker movement. The resolution was presented to a representative. A resolution was read into the record in English and Spanish recognizing the life, service, and legacy of Cesar Chavez. The resolution notes his birth, military service, establishment of the National Farm Workers Association (later United Farm Workers of America), and his commitment to nonviolence and human rights. It declares March 31 a federal commemorative holiday and pledges to promote his legacy and the motto "Si se puede." A speaker with 15 years of experience in the farm worker movement spoke in support of the resolution, describing Chavez as a phenomenal organizer who empowered workers to believe in their own power. The speaker noted that the movement produced leaders in various fields, including city councils, mayors, and international organizations.
- Decision: Passed and adopted.
Public Comment (Non-Agenda Items)
- Discussion: One speaker requested to address the Board regarding a building permit issue. The speaker alleged that the second story of their proposed structure was located solely over the garage, violating Guideline 4.7, and claimed that staff had not explained the violation or the rule changes. The speaker expressed frustration with the permitting process, alleging they were removed from a previous meeting and that staff demanded changes to avoid looking at neighbors' backyards.
- Decision: The Chair concluded the public comment portion of the meeting.
Planning and Development Department Fee Ordinance (First Reading)
- Discussion:
- Context: The CEO stated that the County has a policy of full cost recovery for fees. The Planning and Development (P&D) Department is proposing fee adjustments to align with this policy, as current fees do not cover costs, resulting in a general fund subsidy. The CEO noted that without fee adjustments, the department would need to reduce staff or request more general fund support.
- Presentation: Dr. Russell, P&D Director, presented the proposed fee ordinance. He stated that 88% of P&D permitting division funding comes from permit fees. Current fee recovery rates range from 61% to 72%. The proposal aims to achieve full cost recovery (95% for planning, 99% for building and safety) by increasing fees and simplifying the fee structure.
- Methodology: MGT Consulting Group, a third-party consultant, conducted the fee study. The methodology involved calculating fully burdened hourly rates for staff (including salaries, benefits, overhead, and surcharges) and multiplying them by the time spent processing permits. The study analyzed planning, building, film, and petroleum fees.
- Proposed Changes:
- Planning fees: Hourly rate to increase by approximately 18% (from $192). Number of fee categories reduced by 25%.
- Building fees: Simplified structure reducing 300 separate fees to nine base fee categories with supplementary factors.
- Subsidies: Planning appeals, water heater/residential furnace permits, and zoning code enforcement will remain subsidized.
- Surcharges: Technology management and general plan maintenance surcharges to continue; a new records management surcharge and a code enforcement cost recovery charge are proposed.
- Board Questions:
- Supervisor Lavagnino asked about the subsidy amount for planning appeals ($240,000) and whether the model accounted for potential decreases in permit applications due to higher fees (unpermitted work). The consultant stated the model was based on time spent processing permits and did not factor in behavioral changes.
- Supervisor Adam asked about the percentage of fees attributable to pensions. Staff noted the study was based on 2015-2016 budget data and did not include the 2017-2018 pension increases. Supervisor Adam suggested this might necessitate future fee increases.
- Supervisor Lavagnino asked if there were incentives for timely processing. The consultant noted that most agencies use fixed fees, while P&D uses time-based fees, and that adding staff could be a way to manage workload.
- Public Comment:
- Andy Caldwell (CoLab) opposed the nearly $3 million fee increase, citing lack of public workshops, high hourly rates ($226), and the subsidization of appeals rather than investors. He suggested privatization and comparing costs with San Luis Obispo County.
- Joe Armendariz (Santa Barbara County Taxpayers Association) argued that the process, not just the cost, is the issue. He cited Carpinteria’s lower fees as a model for economic development and suggested that lower costs incentivize wealth creation and property tax revenue.
- Lisa Bedrogi (Kuvae Connections) argued that fees should be scalable to staff experience and project complexity. She questioned the inclusion of administrative overhead in billable time and suggested that higher fees would dissuade applicants and increase unpermitted work.
- Lee Rosenberg opposed the fee increase, characterizing it as an effort to bring in more revenue for the general fund. He criticized the Board’s fiscal management and the subsidization of the appeals process, which he stated costs over $9,000 while fees are only $500.
- Steve Pepe, President of Econ Alliance, addressed the board regarding the cost-recovery model. He argued that time-billing creates incentives for inefficiency and potential padding of hours, citing examples such as double-billing, travel time, and overstaffing meetings. He noted the lack of mention in the board letter regarding staff training to prevent abuse, spot audits, or mechanisms to detect padding. He suggested adopting a "loser pays" policy for appeals to mitigate costs.
- Kent Uplinger, representing the Santa Barbara Realtors, stated that while he understood the county’s financial situation and the goal of full cost recovery, he had concerns about the substantial fee increases without corresponding service improvements or trade-offs. He requested a discussion on which items would receive general fund support and the rationale for that support. He suggested process improvements, such as over-the-counter permits for interior remodels using licensed contractors and online permitting, to reduce staff time on simpler projects. He indicated that the business community would oppose the fee increases if these conversations did not occur.
- Staff Response:
- Dr. Russell, representing the Planning and Development Department, responded to the public comments. He provided fee comparisons with other counties (Ventura, San Luis Obispo, Monterey, Marin, Sonoma) and cities (Santa Barbara, Santa Maria), stating that the proposed fees remain within the state average. He clarified that the department uses a blended rate for planners and expects 30% of time to be non-billable. He denied allegations of time-padding, citing consistent review of time logs and case notes by supervisors and management. He explained that a flat fee structure would penalize simple projects by subsidizing complex ones, which the department views as unfair. He noted that the current fee study is part of a larger, ongoing rebalancing effort that began 18 months ago, which will address broader service delivery models in the future.
- Board Discussion:
- Supervisor Williams expressed support for the staff recommendation, arguing that cutting department staffing would slow down the process rather than speed it up. He suggested that the board should consider adding staff in certain areas, implementing "by right" permits for specific repairs, and exploring cooperative agreements with other jurisdictions for one-stop permitting, particularly for the film industry.
- Supervisor Wolff supported the staff’s work, noting that the fee study was initiated before the current budget crisis. He acknowledged the streamlining of the fee structure, including the deletion of approximately 25% of fee categories. He defended the department’s staff against allegations of abuse and cited a recent instance where a constituent’s complaint about a solar permit delay was resolved within 24 hours. He expressed support for the fee increases, noting that some increases were minor (e.g., $50).
- Supervisor Lavinino questioned the value received for the additional $3 million in fees, noting a lack of new programs or incentives for quick turnaround. He suggested that in future fee adjustments, the board should consider offering higher fixed fees to provide cost certainty to applicants. He raised concerns about project delays caused by staff turnover and suggested phasing in the 18% increase. He also questioned the legal basis for not implementing a "loser pays" policy for planning appeals.
- Ken Doty, County Counsel, explained that the current approach to appeal fees is legally defensible to avoid creating a "steep barrier" to administrative appeals, which could bar applicants from suing the county if they do not exhaust administrative remedies.
- Supervisor Adam expressed concern that the fee increases would disincentivize development, which is a primary source of discretionary revenue. He proposed three conditions for his support: (1) a policy requiring the department to provide an exhaustive list of fees and requirements within 15 days of application completeness, with no additional fees allowed unless due to applicant error; (2) a firewall ensuring the collected fees are spent only on permit acquisition, issuance, and inspections, not long-range planning; and (3) billing for Building Appeals Review (BAR) at actual cost per BAR to prevent cross-subsidization between districts.
- Motion: Dr. Russell recommended the Board adopt the first reading of an ordinance amending fees for Planning and Development, continue the hearing to the administrative agenda of April 4, 2017, for second reading and adoption, and find that the action is an administrative activity not subject to the California Environmental Quality Act (CEQA). Supervisor Williams moved to approve the staff-recommended plan, with the addition that staff return to the board at a future date with recommendations for speeding up the applicant process, including responses to the proposals heard during the meeting. Supervisor Wolff seconded the motion. Supervisor Adam stated he could not support the motion as it did not incorporate his proposed conditions immediately. Supervisor Williams clarified that the motion was intended to be inclusive of the goal to speed up the process.
- Vote Outcome: Passed (3 ayes, 2 noes).
Third Amendment to Lease with Bellwood Pipeline Inc. (Vinico LLC)
- Discussion: Jeanette Pell, General Services Director, presented the third amendment to the lease with Bellwood Pipeline Inc., a subsidiary of Vinico LLC. The amendment extends the lease for 18 months, through September 26, 2018, to allow time for a focused Environmental Impact Report (EIR). The lease covers two 10-inch pipelines (oil and gas) running through county submerged lands offshore Carpinteria. The pipelines have been in place since the 1960s. Third-party engineers and the Federal Bureau of Safety and Environmental Enforcement have confirmed the pipelines are fit for service and pose no immediate risk of failure. Vinico will conduct the EIR at its own cost, with the process expected to take approximately 14 months. The City of Carpinteria unanimously approved a similar amendment for its portion of the lease. Supervisor Lavinino asked about the expected lifecycle of the pipelines. Peter Cantle, Deputy Director for Energy and Minerals, stated that with regular integrity inspections and maintenance, pipelines of this type can last a long time.
- Motion: Supervisor Lavinino moved to approve the staff recommendation.
- Vote Outcome: Passed (4 ayes, 0 noes; Supervisor Adam absent).
Behavioral Wellness Annual Liabilities Update
- Discussion: Dr. Gleickhardt presented the annual update on the Department of Behavioral Wellness’s known and estimated liabilities. As of January 31, 2017, outstanding liabilities were $1.5 million, down from $2.2 million in January 2016 and a peak of $19.4 million in 2012. The decrease is attributed to liabilities being finalized at lower amounts and minimal new liabilities. The department’s liabilities primarily relate to cost report settlements and audits for federal financial participation (FFP) and the Mental Health Services Act (MHSA). The state’s audit and appeal process is lengthy, averaging 7.8 years for full resolution. The department has improved internal controls, and future cost settlements are anticipated to be minimal. The department successfully challenged state audit findings in previous years, resulting in refunds. The remaining balance of a significant audit is expected to be heard in October 2017. Supervisor Lavinino asked how the department reduced liabilities from $19 million to $1.5 million. Dr. Gleickhardt attributed the reduction to the extinguishment of large liabilities and the implementation of additional quality controls. Ken Doty, County Counsel, noted that the department’s success in challenging state audit findings, with a 43% return on challenged amounts, was significant. The CEO’s office acknowledged the collaboration between the CEO’s staff, the auditor, and Behavioral Wellness staff in managing these issues. Supervisor Wolff acknowledged the department’s work in resolving the past liabilities and expressed confidence that similar issues would not recur, while emphasizing the need for continued vigilance.
- Motion: To receive and file the report.
- Vote Outcome: Passed (4 ayes, 1 absentee; Supervisor Adam).
Closed Session Agenda Overview
- The Board reconvened from recess to review the closed session agenda. The agenda included consideration of three existing litigation cases (Bordigari v. County, Keller v. County, and Malone v. County), a conference with real property negotiators regarding a property at 154 Cali Drive in Goleta, a meeting with labor negotiators concerning all bargaining units, unrepresented employees, managers, and executives, and a conference with legal counsel regarding significant exposure to litigation and one case of anticipated litigation. The estimated duration for these sessions was between 90 minutes and two hours.
Closed Session Report
- Upon reconvening, the County Counsel reported that the Board had considered the three matters of existing litigation (Bordigari v. County of Santa Barbara, Keller v. County of Santa Barbara, and Malone v. County of Santa Barbara). The Board also met with real property negotiators concerning the property at 154 Kelly Drive in Goleta and with labor negotiators for all bargaining units, unrepresented employees, managers, and executives. Additionally, the Board met with County Counsel regarding one night of anticipated litigation involving significant exposure. The report stated that there were no reportable actions resulting from these sessions.
Adjournment
- The Chair adjourned the meeting, noting that the next regular meeting would be held on Tuesday, April 4, 2017.