Board of Supervisors — 2018-10-09October 9, 2018

Switch meeting
BodyBoard of Supervisors
MeetingRegular Meeting
Date📅 October 9, 2018

Click any transcript line to jump the video there.

Meeting Summary

  1. PendingQueued for transcription.
  2. AIYou are hereAuto-transcribed and summarized; not yet human-verified.
  3. VerifiedReviewed and corrected by a person.

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

Arts and Humanities Month Resolution

  • The Board adopted a resolution proclaiming October 2018 as National Arts and Humanities Month.
  • The resolution honored local artists, specifically recognizing an Ernest Righetti High School art teacher and two students for their achievements.
  • Representatives from the County Office of Arts and Culture presented remarks highlighting the honorees' contributions.

National Fire Prevention Week Resolution

  • The Board passed a resolution designating the week of October 7–13, 2018, as National Fire Prevention Week.
  • The resolution encouraged residents to identify hazards, test smoke alarms, and learn escape routes.
  • The item was adopted without recorded opposition.

Energy Awareness Month Resolution

  • The Board declared October 2018 as Energy Awareness Month through a passed resolution.
  • The resolution cited the county’s participation in the Energy Watch Partnership and the benefits of energy efficiency.
  • A representative from the program implementer was present to receive the resolution.

National 4-H Week Resolution

  • The Board adopted a resolution proclaiming the week of October 7–13, 2018, as National 4-H Week.
  • The resolution highlighted 4-H as a major youth development organization with over 700 enrolled county youth.
  • Representatives from the 4-H organization were present during the consideration of the item.

Water Conservation District Appointments

  • The Board approved the appointment of two incumbents to the Santa Maria Valley Water Conservation District.
  • Staff provided an update on the process for filling four other open district seats via public outreach.
  • The Board plans to return in November with candidate lists for the remaining positions.

Drought Emergency Re-ratification

  • The Board unanimously passed the re-ratification of a local emergency caused by drought conditions.
  • Staff reported that Gibraltar Reservoir rainfall is at a 100-year record low and Lake Cachuma is at 31% capacity.
  • Discussion included the risks of water quality issues from debris flows and the impact of the Whittier fire on the lake.

Supervisor Compensation Amendment

  • The Board passed an amendment to Ordinance 5018 regarding compensation and benefits for Board members.
  • The item was presented by Human Resources for consideration and adoption.

Library Ad Hoc Committee

  • The Board unanimously accepted recommendations to form an ad hoc committee to develop a long-term library service delivery model.
  • The committee will include Board members, library directors, and an external consultant to create a funding formula.
  • The Board directed that the committee begin work immediately rather than waiting until January to address budget needs.

Classification and Salary Plan for Unrepresented Executives

  • The Board adopted four recommendations to enhance the management classification and compensation plan.
  • Changes include normalizing salary band spreads, adjusting bands by negotiated increases, and creating a new Chief of Staff classification.
  • The Board also approved a provision allowing the CEO to grant special assignment pay for extraordinary disaster response duties.

2019 Legislative Platform

  • The Board unanimously voted to receive and file the draft 2019 County Legislative Platform.
  • Staff presented updates to planks regarding disaster preparedness, economic enhancement, and groundwater management.
  • The Board discussed the need to update federal funding priorities and prepare a list of shovel-ready projects.

Hoop Structure Ordinance Amendment

  • The Board voted to take no action on the hoop structure ordinance amendment at this time.
  • Legal counsel advised that the clearest path for legal review is to await the Planning Commission's written recommendation.
  • Staff acknowledged that the current environmental review did not fully include the previously directed exemption for structures under 20 feet.

Agricultural Employee Dwellings

  • The Board passed a motion to proceed with staff recommendations, including amendments to eliminate specific footnotes and set minimum square footage standards.
  • The Board voted to continue the item to November 13 to allow staff further analysis on employee thresholds and scrutiny processes.
  • The Board modified regulations for Ag-1 zoned parcels to eliminate categories for larger employee counts due to property size constraints.

Special Meeting Scheduling

  • The Board approved holding a special meeting on October 22 at 8:00 AM in Santa Barbara.
  • The meeting is scheduled to address pending items following the Coastal Commission’s hearing on the cannabis ordinance.
  • Legal counsel clarified that the special meeting can be called by the Chair or a majority of the Board.

Closed Session

  • No closed session reports were included in the provided summary.

Full summary

Agenda Item: Recognition of Arts and Humanities Month and Student/Teacher Awards

  • The Board considered a resolution sponsored by Supervisor Adams proclaiming October 2018 as National Arts and Humanities Month in Santa Barbara County. The resolution commended local artists, cultural practitioners, and institutions, specifically honoring Melissa Johnson, an art teacher at Ernest Righetti High School, and students Madison Lee and Caitlin Corbo for their achievements in art competitions. Hannah Rubel-Cava from the County Office of Arts and Culture presented remarks highlighting the students' achievements and the teacher’s mentoring role.
  • Decision: The resolution was passed and adopted.

Agenda Item: Resolution Proclaiming National Fire Prevention Week

  • The Board considered a resolution sponsored by Supervisor Williams proclaiming the week of October 7–13, 2018, as National Fire Prevention Week in Santa Barbara County. The resolution highlighted the theme "Look, Listen, Learn: Be Aware Fire Can Happen Anywhere" and encouraged residents to identify hazards, test smoke alarms, and learn escape routes.
  • Decision: The resolution was passed and adopted.

Agenda Item: Resolution Proclaiming Energy Awareness Month

  • The Board considered a resolution sponsored by Supervisor Lavinino declaring October 2018 as Energy Awareness Month in Santa Barbara County. The resolution cited the county’s participation in the Santa Barbara County Energy Watch Partnership, the role of the Santa Maria Chamber as the program implementer since 2008, and the benefits of energy efficiency in improving air quality and conserving resources. Dave Cross was present to receive the resolution.
  • Decision: The resolution was passed and adopted.

Agenda Item: Resolution Proclaiming National 4-H Week

  • The Board considered a resolution sponsored by Supervisor Lavinino proclaiming the week of October 7–13, 2018, as National 4-H Week in Santa Barbara County. The resolution highlighted 4-H as America’s largest youth development organization, noting its impact on over 700 enrolled youth in the county and its provision of research-based curriculum opportunities. Representatives from 4-H, including Emma Bishop, Justin Bradley, and Janelle Hansen, were present.
  • Decision: The resolution was passed and adopted.

Agenda Item: Administrative Agenda Item A5 – Appointments to Water Conservation Districts

  • The Clerk-Recorder presented Item A5 regarding the appointment of Keith Haddock (incumbent) to the Santa Maria Valley Water Conservation District Division 3 and Casey Tuttle Conrad (incumbent) to Division 6. Both candidates had filed declarations of candidacy and were qualified to hold office. The appointments were set to take effect on December 7, 2018. Supervisor Lavinino provided an update on the process for filling four other open district seats (Carpinteria Valley Water, Carpinteria Summerland Fire Protection, Quiama Valley Recreation, and Santa Maria Valley Water Conservation District Division 5), noting that the office is conducting outreach via local newspapers and online portals to solicit applications, with plans to return to the board in November with candidate lists.
  • Decision: The item was passed.

Agenda Item: Administrative Agenda Item A8 – Drought Emergency Re-ratification

  • The County Executive Office presented Item A8 to consider recommendations regarding the re-ratification and proclamation of a local emergency caused by drought conditions. An update on drought conditions was provided, noting that the trailing seven-year rainfall at Gibraltar Reservoir is at a record low for the last 100 years and Lake Cachuma is at 31% capacity. The speaker discussed the cautious approach to water allocation to avoid over-allocation and noted the risk of water quality issues from debris flows. Questions were raised regarding the effect of the Whittier fire on the lake, specifically concerning revegetation and the risk of siltation entering the lake during the upcoming rain year.
  • Decision: The item was passed unanimously.

Agenda Item: Administrative Agenda Item A11 – Supervisor Compensation Amendment

  • Human Resources presented Item A11 to consider recommendations regarding an amendment to Ordinance 5018, which sets compensation and benefits for members of the Santa Barbara County Board of Supervisors.
  • Decision: The item was passed.

Agenda Item: Hearing Item 1 – Library Ad Hoc Committee

  • Community Services presented a hearing to consider recommendations regarding the formation of a library ad hoc committee to address the need for an effective long-term library service delivery model. The committee would include two Board of Supervisors, four library directors, LAC member Judith Dale, 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. Staff noted that the Solvang and Buellton zoning issue must be resolved by December. Supervisor Lavinino expressed a preference for moving forward with the creation of the ad hoc subcommittee immediately rather than waiting until January, citing the need for resolution before budget workshops. He proposed that Supervisor Williams and Supervisor Hartman serve as the board’s appointees to the subcommittee. Discussion centered on the contentious nature of library funding, the need for clear recommendations, and the composition of the committee, including suggestions that the chair of the Library Advisory Committee should not also serve on the ad hoc committee to avoid conflicts of interest. It was noted that the committee's charge should not include reviewing the potential move to Zone 4.
  • Decision: The motion to accept the recommendations and review the meeting process for the committee between the next month and spring was passed unanimously.

Agenda Item: Hearing Item 2 – Classification and Salary Plan (Unrepresented Executives and Managers)

  • Human Resources presented a hearing to consider recommendations regarding the classification and salary plan for unrepresented executives and managers. The HR Director presented the second phase of enhancements to the management classification and compensation plan, noting that the current "broadband" system has been in flux for approximately ten years. The presentation highlighted previous successes since 2016, including the implementation of a control point for new hires, the use of Equity Salary Increases (ESIs) to resolve compaction issues, and the implementation of longevity pay incentives. The Director stated that the current system creates internal equity issues where newer employees are hired at higher rates than existing tenured employees.
  • Four specific recommendations were presented: 1. Normalize Salary Band Spread: Reduce the percentage spread between minimum and maximum salary from approximately 60% to between 45% and 49% by eliminating the first quartile of the band and adjusting the top of the band by 5%. 2. Adjust Salary Bands by Negotiated Increases: Unfreeze the management salary bands by adjusting them annually by the same percentage as the negotiated increase for the largest represented bargaining unit (SEIU), preventing employees from capping out at the top of the range before receiving general salary increases. 3. New Classification for Chiefs of Staff: Establish a separate classification and salary band for Board of Supervisors Chiefs of Staff, based on market data, to replace their current placement in the "Enterprise Leader" classification. 4. Special Project/Extraordinary Assignment Pay: Allow the CEO to grant up to 5% of base pay (not to exceed $10,000 gross) to unrepresented management staff who perform extraordinary duties for prolonged periods during a declared natural disaster.
  • The Director stated that the first two changes and the new Chief of Staff classification would have zero immediate cost, while the normalization of salary bands would cost approximately $47,000, which departments are expected to absorb within existing budgets. The cost for the special assignment pay is variable and unknown. Discussion focused on the necessity of mandatory orientation for new county employees to understand county goals and culture, with concerns raised regarding high turnover rates in the first year. The board discussed the cost associated with losing a significant portion of new hires and the potential for transferring employees between departments if they are not a good fit in their initial role. The board also addressed retention bonuses tied to specific service milestones (15, 20, and 25 years) and the scope of disaster response compensation, noting that it applies to a small number of employees (estimated between 10 and 15) who worked extended hours during recent disasters. Concerns were raised about the enforceability of the special assignment pay and the potential for creating unworkable policy.
  • Decision: The motion to adopt the special assignment pay proposal was passed. The motion to adopt the other three recommendations (normalizing the percentage spread and salary band, adjusting leadership classification salary bands by the negotiated percentage increase, and establishing a new classification and salary band for Chiefs of Staff) was passed. The motion to adopt the balance of the plan, including administrative language clarifications, was passed.

Agenda Item: Hearing Item 3 – 2019 Legislative Platform

  • The County Executive Office presented a hearing to consider recommendations regarding the draft 2019 County of Santa Barbara Legislative Platform. The purpose of the meeting was to review and discuss the draft, with final approval scheduled for December 11. Staff presented a summary of changes to various planks, including updates to disaster preparedness, economic enhancement, groundwater management, and other areas. Public comment was received from Hillary Hauser (Heal the Ocean) and Andy Caldwell. Hillary Hauser supported the recommendation for the county to seek funding for septic-to-sewer conversion grants, emphasized the importance of maintaining ocean water testing standards, and called for regional solutions involving desalination and reclaimed water. Andy Caldwell discussed the economic impact of policy decisions on North County and provided information on US Fish and Wildlife critical habitat designations.
  • Supervisor Lavinino raised concerns about specific "poison pills" in the platform and asked if the board could break the item into smaller votes, but no immediate action was taken to split the item. A supervisor, acting as the NACO representative, highlighted a potential federal move toward earmarks and urged staff to prepare a list of top five shovel-ready projects requiring federal funding, such as boat ramp extensions and dock replacements. The board acknowledged the need to update these priorities, which had remained largely unchanged for 10–15 years. The board discussed updates to basin designations and priority levels, noting that several designations had changed in the last few months. The chair noted that a full review of the legislative platform would be an unwieldy process.
  • Decision: The motion to receive and file the legislative platform was passed unanimously.

Agenda Item: Hearing Item 4 – Hoop Structure Ordinance Amendment

  • Supervisor Adam presented a hearing to consider recommendations regarding the discussion of the hoop structure ordinance amendment project. Public comment was received from Lisa Bedrogi, Claire Weinman, Chip Wolbrandt, and Andy Caldwell.
  • Supervisor Lavinino raised concerns that staff had failed to include an exemption for hoop structures under 20 feet as a project alternative in the environmental review, contrary to previous board direction. He argued that this limited the options available to the Planning Commission and the Board. He requested direction to ensure the Planning Commission studies the full range of options, including the exemption. Supervisor Hartman questioned whether an exemption and development standards are mutually exclusive and asked if it is possible to act on options that were not studied. Supervisor Adam stated that he is in agreement with the view that hoop structures are a production technique rather than a structure, and he proposed a "parallel track" where the item proceeds through the Planning Commission while also being sent to the Agricultural Advisory Committee (AAC) for input. Supervisor Wolfe expressed reluctance to support the current direction but agreed to let the process proceed through the Planning Commission. She requested a Board Letter of Opinion (BLO) to clarify the distinction between structures and agricultural improvements in the Land Use and Development Code (LUDC) and hoped for input from the AAC.
  • Legal counsel advised that the board has great discretion upon receiving the written recommendation from the Planning Commission but that the clearest record for potential legal review would be to take no action today and await the Planning Commission's recommendation. Counsel noted that planning and zoning law and CEQA provide flexibility for the board to make findings and determine exemptions or standards once the recommendation is received. Staff presented background on the July 27, 2017, board action to pursue Option 4, which included an exemption for hoop structures under 20 feet. Staff acknowledged that the current process had not fully included this exemption as a studied alternative and that board intervention was needed to correct the course. Staff indicated they could work with planning to scrub proposed changes against state law and return with complete textual ordinances for both inland and coastal zones.
  • A representative from the agricultural community argued that hoop structures less than 20 feet high should not be regulated as a separate use under CEQA, stating they are farming implements similar to irrigation lines and trellising. The representative contended that the Board’s intent was to exempt these structures and that sending the issue back to the Planning Commission for further deliberation was unnecessary. A Supervisor expressed concern that the record did not clearly demonstrate the Board’s intent to exempt these structures without development standards and raised questions about CEQA compliance. Another Supervisor suggested that the Board could find that mitigation measures are infeasible or that overriding considerations exist, potentially avoiding recirculation. Discussion centered on the regulatory status of hoop structures, noting that current operations are unpermitted and lack specific controls. Concerns were raised regarding the impact on cannabis operations that rely on hoops, with questions posed about the possibility of an emergency ordinance to grandfather existing operations while a future ordinance is developed. The board discussed the timeline for recirculation, noting it could take six months or longer, and the potential impact on applicants waiting for licenses.
  • Decision: The motion to take no action today on the hoop structures issue passed.

Agenda Item: Hearing Item 5 – Agricultural Employee Dwellings

  • Planning and Development presented a hearing to consider recommendations regarding the adoption of amendments to the County Land Use and Development Code Article 2 Coastal Zoning Ordinance to streamline the permit process for agricultural employee dwellings in the Ag 1 and Ag 2 zones in unincorporated areas. Public comment was received from 14 individuals, including Claire Weinman, Andy Caldwell, Hazel Duvalos, Joanna Barretta, Jorge Gil, Amancio de la Cruz, Lupita Rios, Ricardo Garcia, Barbara Bello, Kate Adams, Gail McNeely, Sandra Espino, and Elvia Salazar.
  • Claire Weinman, President of the Grower Shipper Association, expressed support for the ordinances, citing labor shortages and the need for economic resilience. She requested a minor change to the AG2 zone provisions to link documentation to the use rather than specific occupants, suggesting a five-year documentation cycle. Barbara Bellow, representing homeowners in Tanglewood Development, requested an Environmental Impact Report (EIR) before permits are granted, citing concerns about parking, noise, water usage, and property values. Frank Rodriguez, representing the Central Coast Immigrant Rights Coalition, expressed concern about the supervision of housing units and the integration of immigrant workers into the community. Ricardo Garcia, an H-2A guest worker, supported keeping housing within the city to facilitate community integration and access to services. An unidentified speaker (representing Driscoll’s Berries) argued that the current EIR baseline was flawed and that hoop structures under 20 feet are currently exempt from development permits under existing building code exemptions. The speaker urged the Board to stop the process, reset the baseline, and consult the Agricultural Advisory Committee, warning of potential takings and CEQA issues if the Board proceeded with the current EIR.
  • Staff clarified that the proposed amendments remove the distinction between trailers and dwellings for AEDs, allowing for lower-level permits for smaller units. Staff explained that while the dwelling permit level may be lower, utility permits may still require higher levels of review. Staff also addressed questions regarding inspections, noting that pre-manufactured units are already inspected by state or federal agencies, and local inspections would focus on foundations and alterations.
  • Supervisor Lavinino discussed the economic realities of agriculture, noting high turnover rates and the necessity of H-2A labor. He argued that the proposed housing requirements are often unworkable for large farms and that the board should focus on creating viable housing options for farm workers rather than imposing strict employment verification requirements that may be difficult to enforce. He suggested that the board consider removing certain subsections related to reporting employee changes. Supervisor Adam asked for clarification on the intent of the amendments regarding housing built on farms versus neighborhoods. He noted that the current rules may not align with the needs of modern agriculture, which has become less seasonal and more intensive. Staff explained that the full-time employment requirement is an existing policy for smaller Ag 1 properties, but the Planning Commission recommended removing employment location restrictions for Ag 2 properties due to the intensity of use. Staff indicated they would work with planning to ensure the proposed amendments comply with state law and Department of Labor regulations.
  • The board debated the feasibility and conditions of agricultural worker housing, distinguishing between H-2A temporary workers and permanent farm workers. Discussion included the public health and safety implications of overcrowding in single-family homes in Santa Maria versus the lack of affordable housing options in unincorporated areas. The board examined the enforceability of requirements such as "51% full-time on-site employment," with several members describing the provision as unworkable or difficult to enforce. The discussion also covered the distinction between Ag-1 and Ag-2 zoning, the potential for housing on large parcels, and the use of park trailers as a housing solution. The board considered various amendments, including eliminating specific footnotes related to employment requirements and setting minimum square footage standards (150 square feet per person).
  • Public comment continued with speakers addressing the board with various concerns and suggestions. One speaker expressed concern about the reduction in regulatory oversight, specifically noting that the proposal lowers the threshold for a Land Use Permit (LUP) from 25–34 employees to 5–24 employees. This speaker argued that this change reduces review requirements for a larger number of people on agricultural land. They suggested limiting the proposal to a zoning clearance for 1–4 employees and eliminating provisions for 35+ employees, stating they could not support the motion as written due to unknown implications for agricultural land, schools, and community impact. Another speaker recommended requiring housing approved under the program to be used for year-round employees rather than solely H-2A seasonal workers. They cited examples of housing built for H-2A workers being taken over by local residents and argued that permanent housing is a better solution than trailers. This speaker urged the board to send the proposal back to the Planning Commission for further work. A representative from a farm worker organization expressed concern about the health and safety of workers housed in rural areas, particularly regarding limited access to healthcare and services for non-work-related issues. They noted that current H-2A contracts only cover work-related health issues and raised concerns about public health risks in cramped living conditions. This speaker encouraged the board to delay voting and to engage directly with farm workers and advocates. Multiple speakers, including homeowners and farm workers, spoke against the proposal. They argued that housing workers in isolated rural areas would diminish their humanity and isolate them from the community. Speakers referenced the Bracero Program era and expressed a preference for housing that allows workers to integrate into the community, access local businesses, learn English, and maintain social connections. Several speakers explicitly requested that the board send the proposal back to the Planning Commission and not approve it in its current form. One speaker argued that building housing within the city is safer and more secure than rural locations, citing better access to emergency resources. Another H-2A worker stated they feel comfortable in the city and wish to remain integrated to learn about local customs and laws, asking the board not to push them away from the community.
  • Discussion focused on the regulations for agricultural employee dwellings, specifically the use of trailers, manufactured homes, and mobile homes. Questions were raised about the verification of employees working on the property and the distinction between a minor conditional use permit (MCUP) and a land use permit (LUP) for trailer use. Concerns were expressed that the proposed changes might lower oversight standards for farm worker housing compared to other trailer uses. The Board discussed the number of employees allowed per dwelling unit, with some members preferring the staff’s original recommendation of lower employee counts (e.g., 1-4 employees) over the Planning Commission’s modified recommendations (e.g., 25-34 or 35+ employees). There was debate over whether to limit the number of employees per trailer to one to prevent overcrowding. The board discussed state standards for park trailers and their suitability for farm worker housing. Discussion included the intent of minor CUPs (nuisance protection vs. health/safety), the feasibility of increased inspection regimes for trailers, and the comparison of square footage standards (100 vs. 150 square feet per person). The board also discussed the appealability of CUPs and minor CUPs as a mechanism for additional scrutiny of larger projects.
  • Decision: The motion to proceed with staff recommendation with amendments (elimination of Footnote 1 and clarification that no units can be constructed with less than 150 square feet of living space per person) was passed. The board voted to continue the item to November 13th to allow staff to provide further analysis on the workability of Footnote 2 and to determine the appropriate employee threshold for additional scrutiny (CUP process). The motion to modify the regulations for agricultural employee dwellings on Ag-1 zoned parcels, specifically to eliminate the categories for 25-34 employees and 35+ employees on Ag-1 parcels due to the small size of these properties, and to change the footnote for the 1-4 employee category on Ag-1 parcels from 1 to 2, was passed.

Agenda Item: Special Meeting Scheduling

  • The board discussed scheduling a special meeting to address pending items, considering availability conflicts for several members. Staff announced plans to schedule a special meeting in the coming weeks following the Coastal Commission’s hearing on the county’s cannabis ordinance. The proposed date was Monday, October 22, at 9:00 AM. Due to scheduling difficulties, the start time was adjusted to 8:00 AM. Legal counsel noted that a special meeting can be called by the Chair or by a majority of the board. The board sought clarity on whether the upcoming special meeting was being called by the Chair or by a majority vote.
  • Decision: The motion to hold a special meeting on October 22nd at 8:00 AM in Santa Barbara was passed.

Agenda Item: Approval of Minutes

  • Decision: The motion to approve the minutes of October 2nd was passed.

Agenda Item: Resolutions (A18, A19, A20, A21)

  • Decision: The board voted on the resolutions. The item was passed.

Agenda Item: Balance of Agenda

  • Decision: The board voted on the balance of the agenda. The item was passed.