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Board of Supervisors Meeting of October 9, 2018

Board of Supervisors Meeting of October 9, 2018October 9, 2018

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BodyBoard of Supervisors
MeetingRegular Meeting
Date📅 October 9, 2018

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Meeting Summary

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At a glance

Resolutions (National Fire Prevention Week, Arts and Humanities Month, Energy Awareness Month, National 4-H Week)

  • The Board considered four resolutions proclaiming specific weeks and months in October 2018.
  • The resolutions highlighted local artists, the Santa Barbara County Energy Watch Partnership, and 4-H activities.
  • All four resolutions were read into the record and adopted.

Appointments (Santa Maria Valley Water Conservation District)

  • The Board reviewed appointments for Division 3 and Division 6 vacancies.
  • Candidates Keith Haddock and Casey Tuttle Conrad were confirmed as qualified to hold office.
  • The appointments were approved with an effective date of December 7, 2018.

Drought Emergency

  • Staff presented data indicating a record drought in the San Ynez River watershed with Lake Cachuma at 31% capacity.
  • Concerns were raised regarding water quality risks from debris flows and potential need for a pump barge.
  • The Board passed a motion to re-ratify the local emergency declaration.

Supervisor Compensation

  • The Board considered an amendment to Ordinance 5018 regarding compensation and benefits.
  • The amendment was passed with a vote of 4 to 1.

Library Ad Hoc Committee

  • Staff proposed a committee to develop a long-term library service delivery model and funding formula.
  • The committee would include Board members, library directors, and an external consultant.
  • The Board appointed two representatives and defined the committee's charge.
  • The motion to form the committee was seconded and passed.

Unrepresented Executives and Managers Classification

  • HR presented four recommendations to enhance the management classification and compensation plan.
  • Changes included normalizing salary band spreads, adjusting leadership bands, and creating a Chief of Staff classification.
  • The Board adopted the recommended changes to the management salary plan.

Draft 2019 County Legislative Platform

  • Staff presented the initial draft of the 2019 Legislative Platform for discussion.
  • Public comments addressed septic-to-sewer funding, ocean water testing, and homelessness regulations.
  • The Board received the report and directed staff on recommended changes.
  • The platform is scheduled to return for approval on December 11.

Hoop Structure Ordinance Amendment

  • Staff explained the CEQA process and the potential need to recirculate the Environmental Impact Report.
  • Public commenters argued that hoop structures are farming implements exempt from development review.
  • Legal counsel advised taking no action to ensure a clear record for potential legal review.
  • The Board voted unanimously to take no action and allow the Planning Commission to proceed.

Agricultural Employee Dwelling (AED) Ordinance Amendments

  • Staff proposed amendments to streamline permits for agricultural employee dwellings in Ag 1 and Ag 2 zones.
  • Public comments raised concerns about worker isolation, healthcare access, and H-2A worker housing.
  • The Board debated permit levels, employee limits, and the distinction between Ag 1 and Ag 2 zones.
  • The item was continued to November 13 to allow staff to provide specific data on CUP thresholds.

Special Meeting Scheduling

  • The Board discussed scheduling a special meeting following the Coastal Commission’s hearing.
  • A special meeting was scheduled for October 22nd at 8:00 AM in Santa Barbara.

Library Advisory Committee Process

  • Members discussed the Library Advisory Committee's frustration with the timing of Board decisions.
  • A Board member volunteered to serve as the designee to the committee.
  • Staff was directed to review the committee's meeting process between the next month and spring.

Employee Compensation (Special Assignments)

  • The Board discussed mechanisms for compensating managers performing heavy lifting or special assignments.
  • A motion was passed to vote separately on the special assignment pay component.
  • Staff was directed to explore a mandatory component for achieving specific raise amounts.

4-H Proclamation

  • A 12-year-old 4-H member addressed the Board regarding the program's impact on leadership and STEM education.
  • The speaker expressed appreciation for the Board's support of the 4-H Youth Development Program.

Closed Session

  • Staff reported that the Board conferred with labor negotiators regarding various bargaining units.
  • There was no reportable action resulting from the closed session.

Full summary

Agenda Item: Resolutions (National Fire Prevention Week, Arts and Humanities Month, Energy Awareness Month, National 4-H Week)

  • Discussion: The Board considered four resolutions sponsored by Supervisors Williams, Adam, Lavinino, and Lavinino. The resolutions proclaimed the week of October 7–13, 2018, as National Fire Prevention Week and National 4-H Week; October 2018 as National Arts and Humanities Month (commending local artists, cultural practitioners, and specific students and teachers from Ernest Righetti High School); and October 2018 as Energy Awareness Month (highlighting the Santa Barbara County Energy Watch Partnership).
  • Action: The resolutions were read into the record.
  • Decision: All four resolutions were passed and adopted.

Agenda Item: Administrative Agenda – Appointments (Santa Maria Valley Water Conservation District)

  • Discussion: The Board considered appointments to the Santa Maria Valley Water Conservation District for Division 3 (Keith Haddock) and Division 6 (Casey Tuttle Conrad). Both candidates filed declarations of candidacy and are qualified to hold office, with appointments effective December 7, 2018. Staff outlined the process for filling vacancies in other districts, including outreach efforts and a timeline to return to the Board in November with applications.
  • Action: The Board considered the appointments.
  • Decision: The appointments for Keith Haddock and Casey Tuttle Conrad were approved.

Agenda Item: Administrative Agenda – Drought Emergency

  • Discussion: Staff presented data indicating a record drought in the San Ynez River watershed, with Lake Cachuma at 31% capacity. Concerns were raised regarding potential water quality issues from debris flows and the need for cautious water allocation. Staff noted the risk of requiring a pump barge by the end of the next summer if no additional rain occurs. Supervisor Hartmann requested an update on the impact of the Whittier fire on the lake, including revegetation and siltation risks.
  • Action: A motion was made to move staff’s recommendation to re-ratify the local emergency.
  • Decision: The motion was seconded and passed.

Agenda Item: Administrative Agenda – Supervisor Compensation

  • Discussion: The Board considered recommendations regarding an amendment to Ordinance 5018 setting compensation and benefits for members of the Santa Barbara County Board of Supervisors.
  • Action: A motion was made and seconded.
  • Decision: The amendment was passed with a vote of 4 to 1.

Agenda Item: Library Ad Hoc Committee

  • Discussion: Staff presented the formation of a Library Ad Hoc Committee to address the need for an effective long-term library service delivery model. The committee would consist of two Board of Supervisors, four library directors, Library Advisory Committee member Judith Dale, Library Friends member Patricia Saley, the CSD director, and an external consultant. The committee’s objective is to develop a funding formula based on socioeconomic factors, geographic location, literacy rates, and partner contributions. Other potential issues include reviewing system sustainability, management partner recommendations, administration charges, standardizing hours, and governance options. Staff requested a determination that the action is not a project subject to CEQA. Members discussed the timeline, noting that waiting until January would delay resolution until after budget workshops in April. Supervisor Wolf raised concerns about the committee’s charge regarding the potential move to Zone 4 and suggested waiting until January to allow for a new board representative from the Second District to be seated. Supervisor Lavagnino suggested that the chair of the Library Advisory Committee should not also serve on the ad hoc committee to avoid conflicts of interest. Supervisor Hartmann volunteered to serve on the committee.
  • Action: A motion was made to appoint members to the library ad hoc committee and define its charge, with Supervisor Williams and Supervisor Hartman appointed as the board’s representatives.
  • Decision: The motion was seconded and passed.

Agenda Item: Unrepresented Executives and Managers Classification (Management and Executive Salary Plan Changes)

  • Discussion: The HR Director presented the second phase of enhancements to the county’s management classification and compensation plan. The presentation highlighted previous successes, including the implementation of a control point that saved approximately $357,000 in new hire costs and the use of Equity Salary Increases (ESI) to resolve internal equity issues. The director noted that 22% of new hires leave within the first year and recommended making new employee orientation mandatory to improve retention. Four specific recommendations were presented:
  • 1. Normalize Salary Band Spread: Reduce the percentage spread from approximately 60% to 45–49% by eliminating the first quartile of the salary band and adjusting the top of the band by 5%. 2. Adjust Leadership Salary Bands: Unfreeze management salary bands by adjusting them annually by the negotiated percentage increase to prevent employees from capping out at the top of the range before receiving general increases. 3. Establish Chief of Staff Classification: Create a new classification and salary band for Board of Supervisors Chiefs of Staff, based on market data, to replace their current placement in the "Enterprise Leader" broadband. 4. Special Project/Extraordinary Assignment Pay: Allow the CEO to grant up to 5% of base pay (maximum $10,000 gross) to unrepresented management staff for extraordinary efforts during declared natural disasters. The director stated that the immediate cost of these changes is approximately $47,000, which departments are expected to absorb within existing budgets. The board discussed the implications of the 22% first-year turnover rate, the importance of probationary periods, and the need for better onboarding.
  • Action: A motion was made to adopt the four recommended changes to the management salary plan and the balance of the plan.
  • Decision: The motion was seconded and passed.

Agenda Item: Draft 2019 County Legislative Platform

  • Discussion: Staff presented the initial draft of the 2019 Legislative Platform for board discussion. The presentation covered changes to various planks, including updates to the Lower Mission Creek Project funding, the addition of disaster preparedness principles, and modifications to the Homelessness plank regarding "No Place Like Home" regulations. Staff noted that the Ocean Water Testing plank was suggested for removal by the Public Health Department, and the State Social Services Funding plank was requested for removal. Public comments were received from representatives of Heal the Ocean and others, addressing septic-to-sewer conversion funding, groundwater basin lists, ocean water testing, flood control, water quality related to homeless encampments, and the need for IPR-DPR projects and regional desalination/reclaimed water solutions. Supervisor Lavagnino raised concerns about the removal of ocean water testing from the platform and requested clarification from the Public Health Department. Staff indicated that the testing was removed due to cost constraints for faster results but would look into the matter. The board also discussed updates to the US 101 regional project and APCD marine vessel issues. A board member suggested integrating funding for homelessness impacts (camps) with water quality impacts.
  • Action: A motion was made to receive the report on the issues and projects included in the draft 2019 platform, provide staff with direction on recommended changes, and make CEQA findings.
  • Decision: The motion was seconded and passed, with the platform to return for approval on December 11.

Agenda Item: Hoop Structure Ordinance Amendment

  • Discussion: The Board discussed the hoop structure ordinance amendment project. Staff acknowledged that the department did not provide specific enough instructions to the consultant to implement the Board’s direction to exempt hoops under 20 feet in all cases. Staff explained the CEQA process, noting that the project description was exempting hoops under 20 feet, but the tension lies in the classification of impacts and mitigation measures. Staff advised that recirculating the EIR would take approximately six months. Staff recommended allowing the Planning Commission to finish its work and provide a recommendation to the Board, potentially at a December hearing. Staff noted that the Planning Commission had not directed recirculation of the EIR at their August 29 hearing. Staff discussed the differences between permit levels (zoning clearance, LUP, MCUP, CUP) and the implications for cannabis operations relying on hoops. Staff indicated that a contract amendment would be necessary if the Board chose to recirculate the EIR.
  • Public Comment: Andy Caldwell, representing COLAB, addressed the board regarding the economic impact of energy policies on North County. He presented documents from the US Fish and Wildlife Service and congressional testimony clarifying that critical habitat designations for the tiger salamander do not restrict private land use, impose liens, or require federal permits for activities such as farming or installing hoop structures, unless federal funding or permits are involved. Caldwell requested a policy clarification stating that critical habitat designations are irrelevant to granting agricultural exemptions.
  • Public Comment: Lisa Bedrogi of Kuvae Connections argued that hoop structures are farming implements, not a separate land use, and therefore should not be subject to CEQA review or regulation under the Land Use Development Code. She recommended that the board prepare findings that hoops are not a regulated activity and not send the issue back to the Planning Commission.
  • Public Comment: A representative of Driscoll’s Berries argued that the Environmental Impact Report (EIR) baseline was flawed. They contended that hoop structures under 20 feet are currently exempt from development review under the LUDC and Building Code, and that regulating them now would create a "taking" issue for existing structures. The commenter highlighted that "agricultural improvements" are defined in the code as not being "development," meaning they are not subject to the LUDC. They urged the board to stop the current process, reset the baseline, and work with the Agricultural Advisory Committee. The commenter noted that cannabis cultivation is regulated differently from general agricultural cultivation and that there is no clear permit path for hoop structures in the coastal zone or for structures over 20 feet.
  • Board Response: Staff and the Chair explained that the board’s goal was to find a balance between agricultural viability and regulation. The Chair noted that while the board values the exemption for small hoop structures, the current EIR process was intended to address potential impacts. The board discussed the possibility of directing staff to explore options that maintain exemptions for structures under 20 feet while addressing larger structures or those in the coastal zone. There was debate on whether to allow the Planning Commission to complete its review or to take preemptive action. The Chair emphasized the importance of allowing the Planning Commission to make its recommendation, even if it leads to recirculation of the EIR. Legal counsel advised that the board has significant discretion upon receiving the Planning Commission’s written recommendation but recommended taking no action today to ensure a clear record for potential legal review. Counsel also noted that urgency ordinances are typically used to prohibit uses rather than allow them.
  • Action: A motion was made to take no action on the item today and allow the Planning Commission to proceed with its review.
  • Decision: The motion was seconded and passed unanimously.

Agenda Item: Agricultural Employee Dwelling (AED) Ordinance Amendments

  • Discussion: Staff presented proposed amendments to the County Land Use and Development Code (LUDC) and Article 2 of the Coastal Zoning Ordinance to streamline the permit process for Agricultural Employee Dwellings (AEDs) in Ag 1 and Ag 2 zones.
  • LUDC Amendments: Allows AEDs for 1–4 employees with a zoning clearance; increases employee limits for LUP (5–24), MCUP (25–34), and CUP (35+); modifies employment location requirements; allows mobile homes, manufactured homes, and park trailers as AEDs; adds footnotes indicating higher-level permits may be required for utilities.
  • Article 2 (Coastal) Amendments: Allows AEDs for 1–9 employees with a Coastal Development Permit (CDP); increases employee limits for MCUP (10–19) and CUP (20+); modifies employment location requirements similarly to LUDC; allows mobile/manufactured homes and park trailers.
  • Environmental Review: Staff recommended that the negative declaration adopted for the Housing Element fulfills CEQA requirements under Section 15162, as the amendments do not allow new land uses or increase densities.
  • Coastal Commission: The Coastal Commission recommended changes to the Article 2 amendment. Staff recommended adopting the Article 2 amendment without these changes and submitting it as part of the county’s third and final major LCP submittal package of 2018.
  • Public Comments:
  • Claire Weinman (Grower Shipper Association) supported the ordinances, citing labor shortages and housing costs, but requested a minor change to Ag 2 zone documentation.
  • Kate Adams expressed concern about isolating workers and setting a historical precedent of "out of sight, out of mind" labor.
  • Frank Rodriguez (Central Coast Immigrant Rights Coalition) expressed concern about separating immigrant communities and access to healthcare/resources.
  • Joanna Barrera (CAWS) opposed the ordinance in its current form, arguing it encourages housing H-2A workers in unincorporated farmland.
  • A speaker representing farm worker interests expressed concern regarding proposals to build housing in rural areas specifically for H-2A workers, noting limited access to services and public health risks. The speaker requested that the board not vote on the issue immediately, continue dialogue, and include farm workers or their advocates in the process.
  • Several public commenters, including H-2A workers and local residents, spoke in favor of keeping farm worker housing within the city (Santa Maria) rather than in isolated rural areas, citing safety, community integration, and access to services.
  • One commenter from Tanglewood Development requested an EIR for housing in residential neighborhoods, citing concerns about parking, noise, and property values.
  • Staff Responses: Clarified that the 51% requirement means employees must work on-site 51% of the time. Explained that building and safety inspections are limited for pre-manufactured units as they are already inspected by state/federal agencies, but inspections occur for foundations and alterations. Noted that the Planning Commission recommended allowing park trailers. Addressed the disconnect between dwelling permits and utility permits, explaining the footnotes added to the permit table. Clarified that the Board cannot regulate the number of occupants in a single-family dwelling.
  • Board Deliberation: The board discussed the regulatory distinction between minor conditional use permits (MCUP) for general trailer use and land use permits (LUP) for farm worker housing trailers. Supervisor Wolf questioned why farm worker housing trailers require only an LUP, which she perceived as having less oversight than an MCUP, raising health and safety concerns. Staff explained the regulatory framework. The board discussed the proposed changes to LUDC permit requirements, categorizing properties by employee count. Questions were raised regarding the definitions of "dwelling," "manufactured homes," "mobile homes," and "park trailers." A board member expressed preference for the original staff recommendation over the Planning Commission’s modified version, which allowed for higher employee counts with fewer restrictions. Concerns were raised that the higher numbers in the Planning Commission’s proposal would result in less oversight and potentially large numbers of people living in trailers on small Ag-1 parcels. Discussion focused on the intensity of use and parcel size, with Ag-1 properties noted to be smaller, leading to concerns that allowing 25+ employees (plus families) would be disproportionate. Ag-2 properties were considered more suitable for higher employee counts due to larger acreage. Debate centered on "Footnote 1" (requiring full-time or on-site employment) and "Footnote 2." Some members argued for eliminating Footnote 1 for the 1–4 employee tier to make housing easier to obtain, while others argued for retaining or strengthening restrictions to prevent misuse. There was disagreement on whether to apply these changes to both Ag-1 and Ag-2 zones. Concerns were raised that the proposed rules might inadvertently favor H-2A temporary workers over permanent local farm workers. Questions were asked about building standards, specifically the minimum square footage per person and inspection regimes for trailers and mobile homes.
  • Action: A motion was made to continue the item to a future date (November 13th) to allow staff to return with specific data on the threshold for CUP requirements and to clarify the workability of Footnote 2.
  • Decision: The motion was seconded and passed (4-1, with one abstention).

Agenda Item: Special Meeting Scheduling

  • Discussion: Members discussed scheduling a special meeting, considering travel constraints and availability. Staff announced that a special meeting would be scheduled following the Coastal Commission’s hearing on the cannabis ordinance.
  • Action: A motion was made to hold a special meeting on October 22nd at 8:00 AM in Santa Barbara.
  • Decision: The motion was seconded and passed.

Agenda Item: Closed Session Report

  • Discussion: Staff reported that the board held a closed session to confer with labor negotiators regarding all bargaining units, unrepresented employees, managers, and executives.
  • Decision: Staff reported that there was no reportable action resulting from the closed session.

Agenda Item: Other Administrative Items

  • Minutes: Motion to approve the minutes of October 2nd. Vote Outcome: Passed (Unanimous).
  • Resolutions A18, A19, A20, A21: Motion to approve. Vote Outcome: Passed (Unanimous).
  • Item A5: Motion to approve. Vote Outcome: Passed (Unanimous).
  • Item A8: Motion to approve. Vote Outcome: Passed (Unanimous).
  • Item A11: Motion for a separate vote. Vote Outcome: Passed (Unanimous).
  • Balance of Agenda: Motion to approve the balance of the agenda. Vote Outcome: Passed (Unanimous).

Agenda Item: Departmental Item 1 (Library Advisory Committee)

  • Discussion: Members discussed the frustration of the Library Advisory Committee regarding the board’s process, noting that the committee’s input is sought early in the year but decisions are made late, leaving little time for meaningful engagement. It was noted that Black Gold (a library-related entity) needs to know its zoning status by December. A board member volunteered to serve as the board’s designee to the Library Advisory Committee and suggested reviewing the committee’s meeting process between the next month and spring.
  • Action: A motion was made to accept the recommendations and direct staff to review the committee process.
  • Decision: The motion was seconded and passed unanimously.

Agenda Item: Departmental Item 2 (Employee Compensation)

  • Discussion: Discussion focused on the need for a mechanism to address compensation for managers performing heavy lifting or special assignments, which had previously been a source of cultural issues.
  • Action: A motion was made to vote separately on the special assignment pay component.
  • Decision: The motion was seconded and passed unanimously.
  • Action: A motion was made to direct staff to explore a mandatory component for achieving a certain raise amount.
  • Decision: The motion was seconded and passed (4-1).

Agenda Item: 4-H Proclamation

  • Discussion: Brader Raposo, a 12-year-old resident and seven-year member of La Graciosa 4-H, addressed the board. He stated that the 4-H program provided opportunities for learning, leadership, and ethical livestock management. He noted that the program supported his interest in horses and STEM education and highlighted the impact of community involvement. He expressed appreciation for the board’s support of the 4-H Youth Development Program.
  • Decision: No motion, second, or vote is recorded in this transcript segment.

Adjournment

  • The board adjourned to a future date (November 22nd) to address remaining items, noting scheduling conflicts and the need for a quorum.