Meeting Summary
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At a glance
Storm Update and Evacuations
- Sheriff Brown reported an evacuation order affecting approximately 3,000 people in the red zone due to an incoming atmospheric river storm.
- The storm is predicted to bring 2.5 to 5 inches of rain, raising concerns for debris flows, mud flows, and flooding.
- Door-to-door notifications are underway, and saturation patrols are planned to monitor the situation.
- OEM Director Rob Lewin confirmed that the Romero Basin, the last remaining basin, was estimated to be complete that day.
Introduction of New Human Resources Director
- CEO Miyasato introduced Maria Elena de Guevara as the new permanent Human Resources Director.
- Ms. de Guevara, who served as interim director since November, thanked the board and county employees.
Arbor Day Resolution
- The board approved a resolution proclaiming March 7, 2019, as Arbor Day in Santa Barbara County.
- The resolution encourages citizens to recognize the benefits of landscape trees and asks educational institutions to observe the day.
- Public Works staff noted this marks the county’s 15th year of recognition by the Tree City USA program.
Employee of the Month Commendation
- The board approved a resolution of commendation honoring Julie Harris as the March 2019 Employee of the Month.
- The resolution cites her 20 years of service in the Planning and Development Department and her work on complex projects.
- Supervisor Hartman and a colleague spoke in support of the recognition.
Termination of Drought Proclamation
- Staff recommended terminating the local emergency proclamation caused by drought conditions, which had been in effect since January 2014.
- Supervisor Williams moved to defer action to allow water agencies to provide data, arguing that groundwater levels remain low.
- Supervisor Adam opposed deferral, stating the decision is a legal/technical matter based on climatic conditions rather than public perception.
- The board voted to move the item to the March 19 meeting and direct staff to bring back a recommendation for a water shortage proclamation or similar vehicle.
Environmental Health Services Fee Adjustments
- The board considered hearing requests for fee adjustments for community health programs and hazardous materials program fees.
- Public comment requested a delay to allow for stakeholder meetings and outreach because proposed fee schedules were not attached to the staff report.
- Staff stated that outreach to stakeholders had begun but was intended to occur after the hearing date was set.
- The board voted to delay the first reading of the pending items to April 2nd to allow for additional stakeholder input and outreach.
TEFRA Hearing – Parkside Garden Apartments
- The Treasurer-Tax Collector presented a hearing to consider recommendations regarding the Housing Authority of Santa Barbara County’s financing of tax-exempt private activity bonds.
- The presenter clarified that the County is not the issuer and retains no liability for the bonds.
- The item had been previously reviewed by the Debt Advisory Committee, which recommended approval.
- The board approved the TEFRA recommendation unanimously.
TEFRA Hearing – West Cox Apartments
- The Treasurer-Tax Collector presented a hearing to consider recommendations regarding the Housing Authority of Santa Barbara County’s financing of tax-exempt private activity bonds.
- The County’s role is limited to approving the issuance and holding the public hearing, with no liability retained.
- The board approved the recommendation unanimously.
North Fork Ranch Frost Ponds – Focused EIR Findings
- Staff presented findings recommending the denial of an appeal and the preparation of a focused Environmental Impact Report (EIR) for the North Fork Ranch Frost Ponds project.
- Staff argued that the existing negative declaration was inadequate due to potential impacts on water use, biological resources, and flooding risks.
- The applicant and public commenters opposed the EIR, arguing it sets a negative precedent for agriculture and increases costs.
- The board approved the findings directing the preparation of a focused EIR and denying the appeal by a vote of 3 to 1.
San Marcos Pass Eastern Goleta Valley Mountainous Communities Community Wildfire Protection Plan
- Staff presented the final Community Wildfire Protection Plan (CWPP), a two-year collaborative project involving community stakeholders, county staff, and federal partners.
- The plan identifies 38 potential field treatments totaling 250 acres and recommends emphasizing individual defensible space and structure hardening.
- The board discussed roadside ignitions, CEQA exemptions, grant funding, insurance, and water storage.
- The board adopted Items A, B, and C of the staff report unanimously.
Homeless Death Review Team Report
- Phil Seymour, Public Health, presented the sixth annual report on homeless deaths in Santa Barbara County for 2017.
- The report identified 44 decedents as homeless at the time of death, with 82% being male and an average age of 52.
- Caitlin Dunn, Public Health Nurse, described the Healthcare for the Homeless program and shared a case study illustrating how in-person outreach helped overcome barriers.
- The board received and filed the report unanimously.
Closed Session
- The Board convened in closed session to consider an existing workers' compensation litigation case and an anticipated civil litigation matter.
- Upon reconvening, the County Counsel reported that there were no reportable items from the closed session.
Full summary
Meeting Call to Order and Roll Call
- The March 5, 2019, meeting of the Board of Supervisors was called to order. Roll call was taken, noting the absence of Supervisor Lavinino. The board recited the Pledge of Allegiance.
Approval of Minutes
- The board considered the approval of the minutes from the February 26, 2019, meeting. A motion to approve was made and seconded. The matter was approved unanimously by voice vote.
CEO Report: Storm Update and Evacuations
- CEO Miyasato presented a report including an update from Sheriff Brown regarding an incoming atmospheric river storm. Sheriff Brown reported that an evacuation order would be effective at 4:00 p.m., affecting approximately 1,341 parcels and 3,000 people in the red zone. The storm was predicted to bring 2.5 to 5 inches of rain, with concerns for debris flows, mud flows, and flooding. The National Weather Service issued a flood watch. Door-to-door notifications were underway, and saturation patrols were planned.
- Supervisor Hartman inquired about the status of debris basins. OEM Director Rob Lewin reported that the Romero Basin was the last remaining basin being worked on and was estimated to be complete that day. Supervisor Williams confirmed that "complete" meant the basins in Carpinteria and Montecito were emptied to grade.
CEO Report: Introduction of New Human Resources Director
- CEO Miyasato introduced Maria Elena de Guevara as the new permanent Human Resources Director. Ms. de Guevara, who had served as interim director since November, thanked the board and county employees.
Resolutions
- The board considered Items A1 and A2. A motion to approve both items was made and seconded. The matter was approved by voice vote.
- Item A1 (Sponsored by Supervisor Hartman): A resolution proclaiming March 7, 2019, as Arbor Day in Santa Barbara County. The resolution encourages citizens to recognize the benefits of landscape trees and asks educational institutions to observe the day. Public Works staff noted this marks the county’s 15th year of recognition by the Tree City USA program and that Santa Barbara is the only county in California to receive this recognition.
- Item A2 (Sponsored by Supervisor Lavinino): A resolution of commendation honoring Julie Harris as the March 2019 Employee of the Month. The resolution cites her 20 years of service in the Planning and Development Department, her work on complex projects including the Gaviota Coast Plan, and her mentorship of staff. Supervisor Hartman and a colleague spoke in support of the recognition. Ms. Harris thanked her colleagues and supervisors.
Administrative Items
- The board reviewed administrative items. Items A7, A9, and A10 were identified for discussion. The clerk noted a request to continue Item A5 to the March 19 hearing.
- Item A7: Termination of Drought Proclamation
- Staff recommended terminating the local emergency proclamation caused by drought conditions, which had been in effect since January 2014. Staff cited data indicating no current drought, including snowpack levels at 153% and reservoir levels at or above 100% for some sources.
- Supervisor Williams moved to defer action on the item for six to eight weeks to allow water agencies to provide data, arguing that groundwater levels remain low and that terminating the proclamation could send a mixed message to the public. Supervisor Adam opposed deferral, stating the decision is a legal/technical matter based on climatic conditions rather than public perception, and that the board should not maintain a drought emergency based on supply concerns alone. Supervisor Hartman asked for clarification on the legal test for termination. Staff explained that the test is based on climatic peril and safety, and that water purveyors had not provided definitive data demonstrating continued peril under that specific definition.
- Legal counsel (Mr. Gazzone) noted that the board has a duty to terminate the emergency when conditions warrant, but also noted that delaying action past the 60-day review window could create uncertainty regarding statutory immunities and funding benefits. He suggested the board could consider a resolution or other vehicle less formal than a proclamation if they wished to express concern without the 60-day renewal requirement.
- Public comment was received from Joshua Hagmark (representing South Coast Water Purveyors) and Robert McDonald. Both speakers emphasized that while the climatic drought may be ending, the water supply shortage emergency persists due to depleted groundwater, sediment in reservoirs from the Thomas Fire, and low state water allocations. They requested that the county coordinate messaging to avoid public confusion and suggested delaying the decision to allow for coordination and data collection.
- Supervisor Williams withdrew her initial motion and proposed a new motion to move the item to the March 19 meeting and direct staff to bring back a recommendation for a water shortage proclamation or the strongest legitimate vehicle to address the ongoing supply issues, based on evidence from water districts. Supervisor Hartman seconded the motion.
- Supervisor Adam expressed concern that this approach was "political posturing" and advocated for a comprehensive D-item plan detailing actual water volumes, debts, and long-term strategies rather than proclamations. Supervisor Williams countered that proclamations have historically driven conservation behavior. Supervisor Adam noted that conservation has limits and that the board needs to understand the buffer capacity of the South Coast water supply.
- The board voted on the motion to move Item A7 to March 19 and direct staff to bring back a recommendation for a water shortage proclamation or similar vehicle. The motion passed with one opposed and no abstentions.
- Items A9 and A10: Environmental Health Services Fee Adjustments
- The board considered hearing requests for March 19, 2019, regarding fee adjustments for community health programs (A9) and hazardous materials program fees (A10).
- Public comment was received from Andy Caldwell, representing CoLab and the Community Toxics Advisory Council (CTAC). Mr. Caldwell requested a delay of approximately one month to allow for CTAC meetings and outreach to stakeholder groups (agriculture, oil, small business) because the proposed fee schedules were not attached to the staff report or posted on the website. He argued that stakeholders need to review the fees before the hearing.
- Supervisor Adam moved to postpone the hearing for one month and to post the proposed fees on the website. Supervisor Williams seconded the motion for the purpose of discussion.
- Staff (Phil Seymour) stated that outreach to stakeholders had begun but was intended to occur after the hearing date was set. Staff offered to post the proposed fees immediately but requested the board set the hearing date to align with the budget cycle, noting that April meetings are crowded and a delay to May would be necessary if the hearing were postponed significantly.
- Supervisor Williams expressed willingness to set the hearing for March 19 or delay it by two weeks, provided outreach occurred. Supervisor Adam argued that the fee-setting process lacked prior stakeholder input and that proceeding without it was not transparent. Staff explained that the fee-setting process involved rigorous analysis with MGT and the Auditor/Controller’s office.
- Legal counsel (Mr. Gazzone) clarified that statutory requirements include making data available to the public at least 10 days before the meeting and posting in a newspaper of general circulation. He noted that as long as the date is known, the system can proceed.
- Supervisor Williams asked if there was urgency to implement fees by the next fiscal year. Staff confirmed there was. Supervisor Williams stated she was willing to go either route (long meeting in April or outreach before March 19). Supervisor Adam maintained his preference for stakeholder input before fee finalization but acknowledged the constraints.
- The board discussed a motion to delay the first reading of the pending items. The motion was amended to specify the delay until April 2nd. The Clerk of the Board noted that this delay would allow for additional stakeholder input and outreach, which Dr. Deborah Reynosa confirmed was planned. A motion was made and seconded to delay the first reading to April 2nd, with the second reading scheduled for the next meeting. The motion passed unanimously.
Approval of Balance of Agenda
- A motion was made and seconded to approve the balance of the agenda, including the continuation of item five. The motion passed unanimously.
Public Comment
- Ed Kalaski addressed the board regarding a personal building project. He expressed frustration with the planning process, citing delays caused by previous architectural errors and perceived inconsistencies in how staff handled his application. He stated that he felt the board was not properly reviewing his design and raised concerns about communication between the Planning Commission and the Board of Supervisors.
Departmental Item 1: TEFRA Hearing – Parkside Garden Apartments
- The Treasurer-Tax Collector presented a hearing to consider recommendations regarding the Housing Authority of Santa Barbara County’s financing of tax-exempt private activity bonds for the Parkside Garden Apartments in Lompoc. The presenter clarified that the County is not the issuer and retains no liability for the bonds. The item had been previously reviewed by the Debt Advisory Committee, which recommended approval. A motion was made and seconded to approve the TEFRA recommendation. The motion passed unanimously.
Departmental Item 2: TEFRA Hearing – West Cox Apartments
- The Treasurer-Tax Collector presented a hearing to consider recommendations regarding the Housing Authority of Santa Barbara County’s financing of tax-exempt private activity bonds for the West Cox Apartments. Similar to the previous item, the County’s role is limited to approving the issuance and holding the public hearing, with no liability retained. A motion was made and seconded to approve the recommendation. The motion passed unanimously.
Departmental Item 3: North Fork Ranch Frost Ponds – Focused EIR Findings
- Staff presented findings recommending the denial of an appeal and the preparation of a focused Environmental Impact Report (EIR) for the North Fork Ranch Frost Ponds project. The project involves three frost ponds for vineyard frost protection. Staff argued that the existing negative declaration was inadequate due to potential impacts on water use, biological resources, and flooding risks to State Route 166.
- Applicant (Ray Shady): Stated that the applicant would comply with the EIR requirements if the scope was specified. He argued that requiring an EIR for frost ponds sets a negative precedent for agriculture, increases costs, and that the project is a standard agricultural practice.
- Public Comment (Andy Caldwell, CoLab): Opposed the EIR, arguing that water rights follow the landowner, that engineering concerns regarding the highway should be handled via permit conditions rather than an EIR, and that endangered species issues are federal/state matters. He stated that requiring an EIR sets a "horrible and terrifying precedent" for agriculture.
- Public Comment (Mark Chantillo, representing nearby landowners): Supported the staff recommendation, arguing that water is a public trust resource, particularly in an overdrafted basin. He stated that the EIR is necessary to properly evaluate impacts and that the project’s location in a frost pocket makes the water use significant.
- Board Discussion: One board member expressed concern that the project size was designed to stay just under thresholds for deeper analysis in a critically overdrafted basin. Another board member expressed concern that requiring an EIR could set a precedent that negatively impacts agricultural economics and that the applicant has the right to make business decisions.
- A motion was made and seconded to approve the findings directing the preparation of a focused EIR and to deny the appeal. The motion passed 3 to 1.
Departmental Item 4: San Marcos Pass Eastern Goleta Valley Mountainous Communities Community Wildfire Protection Plan
- The Clerk read the item into the record, noting an addendum waiving the six-day posting requirement for good cause. The Fire Chief introduced the item, describing it as a community effort involving the County, the Fire District, and the department. He introduced Deputy Fire Marshal Rob Hauser, who led the effort, and the Fire Marshal to answer questions.
- Staff presented the final Community Wildfire Protection Plan (CWPP), a two-year collaborative project involving community stakeholders, county staff, and federal partners. The presentation outlined the following:
- Definition and Purpose: The CWPP is an educational document that identifies and prioritizes hazardous fuel reduction treatments and recommends best management practices to reduce structural ignitability. It is not a decision document, vegetation management plan, or environmental analysis document. Approval requires sign-off from the Board of Supervisors, the County Fire Chief, and CAL FIRE.
- Benefits: An approved plan clarifies protection priorities and enables access to federal and state grant funds for wildfire hazard mitigation.
- Background: The plan was initiated following the 2016 Eastern Goleta Valley Community Plan. GeoElements was selected as the consultant. A development team was formed in January 2017. The initial draft was released in July 2017, and the final draft was released on December 1, 2018, following a public workshop in February 2018.
- Plan Area: The area encompasses approximately 29 square miles (just under 20,000 acres) in the San Marcos Pass and mountain communities, including 12 identified communities, 1,121 structures, and 16 recreational facilities. It includes the Wildland-Urban Interface (WUI) areas, which had not been previously mapped for this specific region.
- Analysis: The plan includes a wildfire hazard assessment, risk assessment, and structural vulnerability analysis. Key findings include that 77% of wildfires start within 50 feet of roads, and over 70% of structures in the plan area have low defensibility potential. The plan identifies 38 potential field treatments (19 community defensible space treatments and 19 roadside evacuation route treatments), totaling 250 acres.
- Recommendations: The plan recommends emphasizing individual defensible space, supporting structure hardening, continuing evacuation planning, establishing a fuel treatment monitoring program, considering parking restrictions during red flag warnings, conducting a comprehensive water system assessment, and maintaining the development team as an advisory committee.
- Fire Department Recommendations: Staff recommended that the Board adopt the CWPP and determine that adoption is not the approval of a project subject to environmental review under the California Environmental Quality Act (CEQA), thereby approving the proposed notice of exemption.
Discussion and Questions
- Roadside Ignitions: A Supervisor inquired about the primary causes of roadside ignitions and the appropriate message to the public. Staff explained that while cigarette disposal was historically a major cause, current ignitions are primarily due to vehicle mechanical failures (overheating) and catalytic converter issues. Staff noted that maintaining a 10-foot fuel buffer along roads, particularly Highway 154, is critical for prevention.
- CEQA and Environmental Analysis: A Supervisor asked for clarification on the CEQA exemption, specifically regarding the level of environmental analysis compared to emergency fire suppression activities. Staff and a consultant explained that the CWPP itself is not a project and does not commit agencies to specific actions. Any future projects identified in the plan would undergo full CEQA review (Initial Study, Negative Declaration, or EIR) based on their scope. Staff noted that planned treatments allow for more careful environmental analysis and the use of hand crews, whereas emergency suppression requires rapid action with heavy equipment, limiting the ability to minimize environmental impact.
- Grant Funding and Implementation: A Supervisor asked about the next steps for accessing grant funding. Staff explained that CAL FIRE releases grants from cap-and-trade dollars approximately every six months. These grants can fund field treatments, structure hardening, evacuation planning, and community education. Stakeholders, including homeowners associations, fire districts, and water districts, can apply for these funds using the CWPP as a guide.
- Insurance and Inspections: A Supervisor asked how the plan affects insurance and whether homeowners can obtain fire safety inspections. Staff stated that having a CWPP and demonstrating compliance with defensible space requirements can assist homeowners in obtaining or renewing insurance policies. Staff also noted that the Fire Department offers voluntary, one-on-one defensible space and structure hardening inspections upon request.
- Water Storage: A Supervisor asked about the importance of private water storage tanks for fire protection. Staff confirmed that adequate water storage is critical for mountain residents on private or community water systems, particularly for older homes that may lack sufficient capacity.
Public Comment
- Andy Caldwell (COLAB): Expressed opposition to the current approach, arguing that it is ineffective against out-of-control wildland fires. He criticized the constraints imposed by CEQA and environmental groups, stating that they prevent the use of mechanized fire breaks, routine control burns, and chemical clearing. He argued that the county is "negotiating with terrorists" and that the current policies are a matter of life and death.
- Mark Shatillo (San Antonio Creek Owners Association): Supported the plan, citing the increased intensity of fires due to climate change. He noted that the area is highly vulnerable to wind-driven fires. He emphasized the importance of proactive measures to demonstrate to insurance companies that the community is taking steps to protect properties, which is crucial as mass cancellations of homeowners policies are anticipated.
- Phil Seymour (FireSafe Council): Supported the plan, thanking County Fire and the development team. He described the CWPP as a "living document" that will be updated to reflect new developments, such as Southern California Edison’s system hardening efforts and evolving strategies for shelter-in-place and refuge areas following the Paradise disaster. He noted that the development team included members with practical experience in fuel breaks and controlled burns, allowing for a balance between environmental considerations and fire safety.
- Lee Chacos (Wildland Residents Association and San Marcos Trout Club): Expressed support for the plan’s comprehensiveness regarding wildfire protection, habitat preservation, and erosion control. He raised concerns regarding Caltrans’ funding and workforce limitations for vegetation clearance along San Marcos Pass, noting issues with equipment reservation, timely execution during dry seasons, and worker retention due to commuting costs. He requested that the plan prioritize Caltrans involvement and grant funding opportunities.
Board Discussion
- A board member suggested requesting Caltrans to ensure adequate budget and personnel for clearance or to coordinate with the California Highway Patrol for closing Highway 154 to non-resident traffic during high-risk events. Another board member discussed the urgency of the situation based on fire history maps, noted community efforts in defensible space and structure hardening, and highlighted the need for financing mechanisms for vulnerable populations and specific evacuation planning. The discussion also covered the scientific basis of fuel management, the impact of fire frequency on vegetation types, and the importance of maintaining the Community Wildfire Protection Plan Development Committee as a living document.
Motion and Vote
- A motion was made and seconded to adopt Items A, B, and C of the staff report. The motion passed unanimously.
Department Item Number 5 – Homeless Death Review Team Report
- Phil Seymour, Public Health, presented the sixth annual report on homeless deaths in Santa Barbara County for 2017. Key data points included:
- 44 decedents identified as homeless at the time of death.
- 82% were male; average age at death was 52.
- 63% were white; 30% were Hispanic/Latino.
- 68% resided in South County; 18% in North County; 12% in Central County.
- Manner of death: 55% natural causes, 34% accidental, 4% homicide, 7% undetermined, 0% suicide.
- Top causes of death: cardiovascular and drug/alcohol-related.
- 64% died indoors; 36% outdoors.
- Winter had the highest number of deaths (14); no deaths were attributed to weather/hypothermia.
- Service access in the year prior to death: 43% Public Health, 68% Department of Social Services, 61% Behavioral Wellness, 25% Sheriff’s Department, 11% Veterans Administration.
- 48% of decedents had co-occurring mental health and substance use disorders.
- The report noted that homelessness is correlated with a significant decrease in life expectancy compared to the general population.
- Caitlin Dunn, Public Health Nurse, described the Healthcare for the Homeless program, focusing on connecting patients to primary care and other services. She shared a case study illustrating how in-person outreach in a patient’s living environment (a vehicle) helped overcome barriers related to stigma and anxiety, leading to the patient accepting HIV treatment and establishing primary care.
Board Questions and Discussion
- A board member asked about the disparity in death locations between South County and North/Central County. Presenters explained that South County has a larger homeless population and noted that Lompoc Valley Medical Center does not participate in the data-sharing team, which may affect data completeness for Central County.
- A board member inquired about anecdotal evidence regarding the current wet and cold weather. The nurse reported that individuals are aware of the weather and planning ahead, but noted challenges with laundry access and limited warming shelter capacity.
- A motion was made and seconded to receive and file the report. The motion passed unanimously.
Closed Session
- The Board convened in closed session to consider two matters: an existing workers' compensation litigation case (Detchhoff v. County of Santa Barbara) and an anticipated civil litigation matter. Upon reconvening, the County Counsel reported that there were no reportable items from the closed session.
Adjournment
- The meeting was adjourned to Tuesday, March 12, 2019, in Santa Maria.