Board of Supervisors — 2017-12-05

Opening Remarks and Remembrance

• The Board acknowledged the recent passing of former Supervisor Joni Gray.
• Supervisors Lavagnino and Wolfe shared personal memories regarding the memorial service.

CEO’s Report: Thomas Fire Update

• The fire is contained within Ventura County but has caused power outages and facility impacts in Santa Barbara County.
• The Vista Del Mar psychiatric facility was destroyed, with patients safely evacuated to the Puff facility.
• Santa Barbara County deployed 21 engines and one helicopter to support the response effort.
• The Emergency Operations Center was activated to coordinate with the Red Cross for potential shelters.

Announcements

• Tanya Heitman was appointed as Chief Probation Officer, succeeding Beverly Taylor.
• Most county administrative offices will close between Christmas and New Year's, with critical services remaining open.
• The Board participated in the kickoff for Toys for Tots, the Holiday Unity Shop Food Drive, and the United Way AmeriCorps Sock Drive.

Honorary Resolutions

• Resolutions A25 through A27 were approved, including a proclamation for World AIDS Day.
• A resolution of commendation was passed for three employees of the Agricultural Commissioner’s Weights and Measures Office.

Safe Parking Program / Chemical Toilets

• General Services proposed the sixth amendment to the license and service agreement for the safe parking program.
• Environmental Health staff noted the proposal was not in compliance with 2016 onsite sewage regulations regarding portable chemical toilets.
• Supervisors debated the legitimacy of temporary chemical toilets versus permanent facilities for private applications.
• The Board approved Item A-12, noting the license remains subject to a 10-day termination provision.

Veneer Construction Management Agreement

• General Services proposed an independent contractor agreement with Veneer Construction Management for a main jail study.
• The study covers deferred maintenance, ADA upgrades, and potential new facility construction options.
• Staff clarified the study focuses on detention logistics and uses current custody numbers and projected North County Jail capacity.
• The Board approved the balance of the administrative agenda, excluding Item A-12.

Olston Trust and Hare-Sturgis Appeals

• Planning and Development presented recommendations for appeals of a preliminary design review approval in Montecito.
• The applicant and appellants reached a settlement agreement with minor modifications to the design.
• Staff recommended approving the appeals in part and denying them in part, adopting the revised project and conditions.
• The Board upheld the appeals in part and approved the project with the conditions outlined in the staff report.

Retirement Board Vacancies

• The County Executive Office requested direction on filling two public member vacancies on the Employees Retirement System board.
• A representative emphasized the Board's fiduciary duty to beneficiaries and the need for strong management and finance backgrounds.
• Supervisors discussed the relationship between the County and the Retirement Board regarding fiscal conservatism and pension sustainability.
• The Board accepted staff recommendations to appoint an ad hoc committee of Supervisors Lavagnino and Hartman to assist in the selection process.

Countywide Library Agreement Amendment and Goleta Municipal Library Update

• Staff requested approval of a First Amendment to the FY 2017-18 Agreement, increasing funding for Lompoc, Santa Barbara, and Santa Maria by $162,000.
• Funding was allocated based on identified needs rather than per capita, with Carpinteria and Guadalupe receiving the majority due to risks of reduced hours.
• Staff provided an update on the City of Goleta’s formation of a municipal library, noting a proposed Zone 4 service area of 94,545 persons.
• The Board approved the staff recommendation to increase funding for the countywide library system.

Oil and Gas Operations Status Report

• Staff reported on over 2,450 active onshore wells and 16 offshore platforms, noting 161 Notices of Violation issued from Jan 2015 to Sept 2017.
• 18 spills occurred during the reporting period, none impacting active waterways, with spill volumes trending downward.
• Three large onshore projects are in the permitting process, with Environmental Impact Reports expected for public review in early 2018.
• The Board received and filed the report on oil and gas operations.

Closed Session

• County Counsel reported that the board convened in closed session to consider three matters.
• The matters included deciding whether to initiate civil litigation in one case and addressing significant exposure to civil litigation in another.
• The board also conferred with labor negotiators for all bargaining units, unrepresented employees, managers, and executives.
• No reportable actions were taken from the closed session.

CEO’s Report – Ventura Fire Response

• The CEO reported on the county’s response to the fires in Ventura County, including support measures for affected employees.
• The county is exploring establishing a fund among county employees for those who lost homes or were displaced.
• Employees are allowed to donate vacation time and evaluate additional leave time for affected employees.
• The Employee Assistance Program (EAP) counseling services are being extended, and transportation subsidies or services are being provided.

Nomad Village Mobile Home Park Arbitration Review

• County Counsel explained the legal framework for the review, noting the board is acting under an "abuse of discretion" standard.
• Staff recommended affirming all nine awards, finding that the arbitrator did not abuse his discretion.
• The awards included a denial of the Homeowners Association’s motion for summary judgment and a grant of an automatic rent increase of 1.725%.
• The Board referred to staff recommendations and took actions A through B inclusive, as noted in the staff report.

Meeting Schedule and Housekeeping

• The Chair announced that the next regular meeting is scheduled for December 12 in Santa Maria.
• A special meeting regarding cannabis is scheduled for December 14 in Santa Barbara.
• A staff member requested permission to add a closed session item to the December 14 special meeting if needed.
• The Chair granted permission and the meeting was adjourned.

• Meeting Date: December 5, 2017 Body: Santa Barbara County Board of Supervisors

Opening Remarks and Remembrance

• The Chair called the roll and led the Pledge of Allegiance. The Board acknowledged the recent passing of former Supervisor Joni Gray. Supervisor Lavagnino and Supervisor Wolfe shared personal memories and details regarding the memorial service.

Minutes Approval

• Motion: Approve the minutes of November 14, 2017.
• Action: Moved and seconded.
• Vote: Passed.

CEO’s Report: Thomas Fire Update

• CEO Miyasato and Chief Peterson provided an update on the Thomas Fire in Ventura County.
• Status: The fire is wholly within Ventura County jurisdiction but impacting Santa Barbara County.
• Impact on Santa Barbara County:
• Power outages occurred in SCE territory; county facilities operated on generator power.
• Vista Del Mar psychiatric facility was destroyed; patients were safely evacuated to the Puff facility.
• County employees were impacted, with some evacuated or losing homes.
• OEM activated the EOC and coordinated with the Red Cross for potential shelters.
• Ventura County Status:
• Fire size: ~45,000 acres.
• Structures lost: 150 confirmed, including a portion of a psych hospital and a large apartment building.
• Evacuations: 27,000 people.
• Resources: ~1,000 firefighters on scene.
• Challenges: Loss of hydrants due to power outages affecting water pumps, spotty cell service, and ongoing power outages.
• Forecast: Red Flag conditions to continue, with highest winds predicted for Thursday.
• Santa Barbara County Response:
• 21 engines deployed (14 from County Fire Department).
• Helicopter 308 deployed (called off previously due to high winds, returned when winds calmed).
• Emergency recall in place for personnel.
• Jail and dispatch centers remained operational on generators.
• Staff confirmed no confirmed fatalities at the time of the report.

Announcements

• Appointment: Tanya Heitman was appointed as Chief Probation Officer. She was introduced to the Board, and the Board congratulated her. Beverly Taylor, former Chief, was thanked for her interim service.
• Holiday Closures: Most county administrative offices will be closed between Christmas and New Year's, with critical services remaining open from December 26–29.
• Holiday Drives: The Board participated in the kickoff for Toys for Tots, the Holiday Unity Shop Food Drive, and the United Way AmeriCorps Sock Drive.

Honorary Resolutions

• Motion: Approve Resolutions A25 through A27.
• Action: Moved and seconded.
• Vote: Passed.
• Item A27: Resolution proclaiming December 1, 2017, as World AIDS Day in Santa Barbara County. Public Health staff and Maria Garcia (HIV clinic medical assistant) were recognized.
• Item A26: Resolution of commendation for Ian Swisher, Julia Kosowitz, and Sally Leon-Tondreau of the Agricultural Commissioner’s Weights and Measures Office as Employees of the Month. Julia Kosowitz accepted on behalf of the group; Ian Swisher and Sally Leon-Tondreau were absent due to fire impacts.

Administrative Agenda

• Item A-12 (Safe Parking Program / Chemical Toilets):
• Discussion: General Services proposed the sixth amendment to the license and service agreement for the safe parking program on county property. Environmental Health staff noted the proposal was not in compliance with the 2016 onsite sewage regulations regarding portable chemical toilets. Supervisor Adam raised concerns about the county allowing temporary toilets for this program while requiring permanent facilities for other private applications. Supervisor Wolfe argued that safe parking with portable toilets is preferable to people living in cars on the street. Staff confirmed that the sixth amendment to the license remains subject to a 10-day termination provision, allowing for future changes. Supervisor Adam noted that the Board should re-examine the proper uses of chemical toilets, suggesting that while permanent use in the private sector may be restricted, temporary uses are legitimate.
• Motion: Approve Item A-12.
• Action: Moved by Supervisor Wolf, seconded.
• Vote: Passed.
• Item A-13 (Veneer Construction Management Agreement):
• Discussion: General Services proposed an independent contractor agreement with Veneer Construction Management for a study on the main jail. The study covers deferred maintenance, ADA upgrades, and potential new facility construction options. Supervisor Wolfe questioned the parameters, specifically regarding population numbers and the scope of "new facility construction." Staff clarified the study focuses on jail detention logistics, including swing space needs during construction, and uses current custody numbers (approx. 1,000–1,100) and projected North County Jail capacity (approx. 350 beds). Funding is split between General Services and General County Programs.
• Motion: Approve the balance of the administrative agenda, excluding Item A-12.
• Action: Moved by Supervisor Williams, seconded by Supervisor Adam.
• Vote: Passed.

Departmental Agenda

• Item 1 (Olston Trust and Hare-Sturgis Appeals):
• Discussion: Planning and Development presented recommendations for Case Nos. 17APL2 and 17APL3, appeals of the Montecito Planning Commission’s preliminary design review approval for a single-family dwelling and garage in Montecito. Staff reported that the applicant and appellants reached a settlement agreement with minor modifications to the design (elimination of shutters, addition of a balcony, removal of two trees). Staff recommended approving the appeals in part and denying them in part, adopting the revised project and conditions.
• Ex Parte Disclosures: Supervisor Williams disclosed site visits and conversations with parties. Supervisor Wolfe disclosed a phone conversation with the appellant’s representative. The Chair disclosed a conversation with the appellant’s representative. Supervisor Adam disclosed a lunch with one of the appellants in July 2016.
• Public Comment: No public comments were received.
• Motion: Uphold in part and deny in part the appeals, and approve the project with the conditions outlined in the staff report (Attachment B).
• Action: Moved by Supervisor Williams, seconded by Supervisor Adam.
• Vote: Passed.
• Item 2 (Retirement Board Vacancies):
• Discussion: The County Executive Office requested direction on filling two public member vacancies on the Santa Barbara County Employees Retirement System board. Eight applications were received. Greg Levin, CEO of the Retirement System, requested appointments be made in time for the January 22–23 orientation. A representative from the County Retirement System presented the role of the Board of Retirement, emphasizing its fiduciary duty to beneficiaries and the requirement for members to have strong management and finance backgrounds. The representative noted that appointments are for two of four statutory seats reserved for county residents with no connection to the system. Supervisors discussed the relationship between the County and the Retirement Board, with some members expressing concern over the dynamic regarding fiscal conservatism and pension sustainability, while others defended the Board’s fiduciary obligation to operate under existing rules. Supervisor Williams suggested a specific candidate for consideration. Supervisor Wolf requested that recommendations be available before the January 22 workshop.
• Motion: Accept Staff Recommendations A and B, which included the appointment of an ad hoc committee consisting of Supervisors Lavagnino and Hartman to assist in the selection process.
• Action: Moved by Supervisor Wolf, seconded.
• Vote: Passed.
• Item 3 (Countywide Library Agreement Amendment and Goleta Municipal Library Update):
• Discussion: Staff presented a request to approve a First Amendment to the FY 2017-18 Agreement for Operation of a Countywide Library System, increasing funding for Lompoc, Santa Barbara, and Santa Maria by $162,000 (total award $3.8 million). The funding was allocated based on identified needs rather than per capita, with Carpinteria and Guadalupe receiving the majority due to risks of reduced hours. Staff also provided an update on the City of Goleta’s formation of a municipal library, noting that the Goleta City Council voted to pursue this and proposed a Zone 4 service area of 94,545 persons. The library consultant, Management Partners, is currently gathering information and will deliver a final report in February 2018.
• Supervisor Comments:
• Supervisor Wolf requested to be informed of meetings between County staff and Goleta/Santa Barbara staff, clarifying that these are not Brown Act meetings if fewer than a quorum of Supervisors attend.
• Supervisor Williams expressed concern about the inequity of the per capita funding formula, noting that it disadvantages smaller libraries, and praised Goleta for increasing its funding contribution.
• Supervisor Wolf questioned the allocation process, noting that significant funds went to Lompoc and Santa Maria, and suggested that if the goal is to help small libraries, a clear definition should be established.
• Supervisor Lavagnino expressed frustration with the current allocation process, stating it leads to a situation where "who's arguing the most is gonna end up with more money," and advocated for a per capita approach with targeted assistance.
• Supervisor Adam reminded the public of the difficult budget environment facing the County in the coming year.
• Supervisor Williams and Supervisor Wolf discussed the governance of the potential Goleta library, emphasizing that unincorporated residents who pay taxes toward the library (via Measure L) should have representation on the library board.
• Public Comment:
• Judith Dale supported the per capita funding model and recommended that cities match County contributions to ensure equity. She supported the hiring of the consultant and the formation of the Goleta library.
• Gabby Edwards, representing the Friends of the Library and Carpinteria, thanked the Board for the emergency funding which helped maintain hours. She noted that Carpinteria is considering a sales tax measure to support the library and highlighted the financial strain on small branches.
• Motion: Approve Staff’s recommendation.
• Action: Moved by Supervisor Williams, seconded by Supervisor Wolf.
• Vote: Passed.
• Item 4 (Oil and Gas Operations Status Report):
• Discussion: Staff presented a status report on onshore and offshore oil and gas operations.
• Onshore: Over 2,450 active wells and 125 facilities operated by 23 producers, primarily in the northern county.
• Offshore: 16 platforms in state tidelands and federal waters; 8 produce into onshore facilities in Santa Barbara County jurisdiction.
• Violations: From Jan 2015 to Sept 2017, Planning & Development issued 161 Notices of Violation (NOVs), with 145 directed to Greca Oil and Gas. The Fire Department observed 676 violations, and the APCD issued 178 NOVs. Most violations were minor and remedied timely.
• Spills: 18 spills occurred during the reporting period, none impacting active waterways. Spills are trending downward.
• Project Updates: The Plains All-American Pipeline is out of service; Plains has applied to install a new smaller pipeline. Veneco declared bankruptcy, leading to the abandonment of Platform Holly and Tidelands Lease 421. Three large onshore projects (ERA East Cat Canyon, ERG West Cat Canyon, Petro Rock) are in the permitting process, with Environmental Impact Reports (EIRs) expected for public review in early 2018.
• Federal Leasing: The Bureau of Ocean Energy Management (BOEM) initiated a new national outer continental shelf leasing program for 2019-2024, including potential Pacific OCS leases.
• Supervisor Questions and Discussion:
• Supervisor Wolf asked about fee schedules and cost recovery for inspections. Staff confirmed fees were updated in April 2017 and full cost recovery is achieved.
• Supervisor Wolf inquired about penalties for non-compliance. Staff explained that the County uses the Administrative Fine Ordinance (Chapter 24A), which allows for fines of up to $100/day for the first violation, escalating to $200/day and $500/day for subsequent violations. Staff noted that the County also has the option to seek judicial fines or criminal prosecution under Chapter 25, but typically uses administrative fines first.
• Supervisor Wolf asked if the definition of "high-risk operator" should be revised, given the high number of violations by a single operator (Greca).
• Staff presented a report on oil and gas operations, noting that the High-Risk Operator Ordinance can be triggered by two methods: two spills exceeding 15 barrels in a 12-month period or non-compliance with specific health and safety sections. Staff indicated that recent violations by a major operator (Greco) were primarily for vegetation clearance and signage, which have been corrected, and that the ordinance was previously upheld in federal court. Staff clarified that inspections occur annually for onshore wells, with coordinated or surprise inspections occurring less frequently.
• Supervisors discussed the definition of "violations," noting that many are minor administrative issues (e.g., signage, vegetation) rather than life-safety hazards. Supervisor Lavagnino requested data on the percentage of wells owned by specific operators and suggested distinguishing between minor and significant violations in future reports. Supervisor Peterson noted a decrease in spill volumes compared to previous years but emphasized the need for continued enforcement. Supervisor Williams discussed the financial aspects, noting that while the industry generates revenue, it also incurs costs for the county through property tax appeals, idle wells, and cleanup liabilities. Supervisor Adam expressed skepticism regarding the feasibility of rapidly reducing fossil fuel reliance, citing the pervasive use of oil in daily life and infrastructure.
• Public Comment:
• Joe Armendariz (Santa Barbara County Taxpayers Association): Argued that the board should consider the revenue side of the equation, estimating that proposed projects could generate approximately $150 million in property taxes over several years, with a significant portion going to the general fund for public safety.
• Ken Huff (Santa Barbara County Action Network): Highlighted threats to groundwater from high-pressure steam injection wells, citing a 2017 report indicating contamination from petroleum products in the Santa Maria Valley Groundwater Basin.
• Linda Kropp (Environmental Defense Center): Opposed new drilling due to environmental risks, including air and water quality impacts and greenhouse gas emissions. She urged the county to consider ordinances requiring liability retention for abandoned onshore facilities, similar to offshore requirements, and to retain the position of the oil spill specialist.
• Motion: Receive and file the report.
• Action: Moved and seconded.
• Vote: Passed.

Closed Session Report

• Discussion: County Counsel reported that the board convened in closed session to consider three matters: deciding whether to initiate civil litigation in one case, addressing significant exposure to civil litigation in another case, and conferring with labor negotiators for all bargaining units, unrepresented employees, managers, and executives.
• Decision: No reportable actions were taken from the closed session.

CEO’s Report – Ventura Fire Response

• Discussion: The CEO reported on the county’s response to the fires in Ventura County. The county is exploring several support measures for affected employees, including:
• Establishing a fund among county employees for those who lost homes or were displaced.
• Allowing employees to donate vacation time.
• Evaluating additional leave time for affected employees.
• Extending Employee Assistance Program (EAP) counseling services.
• Providing transportation subsidies or services.
• The CEO noted that some actions not requiring board authority are being implemented immediately, including allowing employees to leave early to travel southbound on Highway 101 due to potential closures.

Nomad Village Mobile Home Park Arbitration Review

• Procedural Motion:
• Discussion: County Counsel explained the legal framework for the review, noting that the board is acting under an "abuse of discretion" standard rather than a de novo review. The review is limited to the record before the arbitrator. A procedural motion was made to limit the board’s review to the paper record attached to the agenda, prohibiting new evidence, and allowing oral argument and public comment focused on the existing record.
• Action: Moved and seconded.
• Vote: Passed.
• Staff Presentation:
• Staff presented the background of the dispute, which arose from a rent increase notice issued in March 2016. The arbitrator, Judge David W. Long, issued a ruling and awards on June 16, 2017, with corrections issued on July 10, 2017. The homeowners filed a petition for review. Staff recommended affirming all nine awards, finding that the arbitrator did not abuse his discretion. The awards included:
• 1. Denial of the Homeowners Association’s motion for summary judgment. 2. Denial of the HOA’s objection to management’s reply brief on attorney fees. 3. Finding that the meet-and-confer requirement was properly complied with. 4. Finding that the rent increase notice was timely. 5. Granting an automatic rent increase of 1.725% (75% of CPI), retroactive to July 1, 2016. 6. Granting a permanent rent increase of $29.31 per space for operating expenses, retroactive to July 1, 2016. 7. Granting a capitalized increase of $23.01 per space for capital improvements (paving, electrical), amortized over 15 years, retroactive to July 1, 2016. 8. Awarding attorney fees and costs of $56.30 per space for defending previous appeals, retroactive to July 1, 2016. 9. Granting post-hearing attorney and expert fees.
• The total temporary increase was $108.61 per space, which would amortize down to the permanent increase of $29.31.
• Oral Argument:
• Homeowners (Lindsay Davis): Argued that the arbitrator violated the Mobile Home Rent Control Ordinance by allowing expert opinion to nullify statutory provisions and by awarding future rent increases in violation of specific rules. She contended that the board should not disregard Rule 13 regarding the official record.
• Park Management (James Ballantyne): Urged the board to affirm the arbitrator’s decision, stating it was thorough, well-reasoned, and supported by the record. He argued that the inclusion of attorney fees is required by Supreme Court precedent to make the rent control ordinance constitutional, as park owners are forced to incur these costs to defend against challenges. He noted that the CPI figure was agreed upon during the meet-and-confer process.
• Board Deliberation:
• Supervisor Peterson noted that in a previous arbitration (2011), the board reduced the rent increase significantly, suggesting that the process has value. However, regarding the current case, she stated that after reviewing the arbitrator’s decision and transcripts, she felt the arbitrator did not abuse his discretion and agreed with staff’s recommendation. Supervisor Williams raised concerns about the statutory basis for awarding attorney fees, noting the ordinance does not explicitly mention them, but County Counsel maintained that the arbitrator’s interpretation was supported by case law.
• A member expressed discomfort with the application of the rank control ordinance but stated that decisions must be made based on the abuse of discretion standard.
• Motion: Refer to staff recommendations and take actions A through B inclusive, as noted in the staff report.
• Action: Moved and seconded.
• Vote: Passed.

Meeting Schedule and Housekeeping

• The Chair announced that the next regular meeting is scheduled for December 12 in Santa Maria, and a special meeting regarding cannabis is scheduled for December 14 in Santa Barbara. A staff member requested permission to add a closed session item to the December 14 special meeting if needed. The Chair granted permission. The meeting was adjourned.