Board of Supervisors — 2019-04-02April 2, 2019

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BodyBoard of Supervisors
MeetingRegular Meeting
Date📅 April 2, 2019

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Meeting Summary

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At a glance

DMV Donate Life Month Resolution

  • A representative from One Legacy discussed the national organ transplant waiting list and the Donate Life California registry.
  • The Board adopted the resolution proclaiming April 2019 as DMV Donate Life Month.

National Service Recognition Day Resolution

  • Representatives from AmeriCorps, Habitat for Humanity, and The Blue Sky Center highlighted community service efforts in education and disaster response.
  • The Board adopted the resolution proclaiming April 2, 2019, as National Service Recognition Day.

Luis R. Munoz Commendation Resolution

  • The Board presented a resolution honoring Luis R. Munoz for his 38 years of service and advocacy for employee health and safety.
  • The Board adopted the resolution of commendation.

Freedom for Youth Commendation Resolution

  • The Board presented a resolution commending Freedom for Youth for empowering at-risk youth through education and mentorship.
  • The Board adopted the resolution commending Freedom for Youth.

Equal Pay Day Resolution

  • Pat Grijalva and representatives from the American Association of University Women cited statistics regarding the local wage gap.
  • The Board adopted the resolution recognizing April 2, 2019, as Equal Pay Day.

ACEs Awareness and Child Abuse Prevention Month Resolution

  • Barbara Finch spoke in support of the resolution, which emphasized early intervention for childhood trauma.
  • The Board adopted the resolution designating April 2019 as ACEs Awareness and Child Abuse Prevention Month.

National Public Health Week Resolution

  • Dr. Yvonne Doberoso addressed health disparities and the role of public health professionals in preventing chronic disease.
  • The Board adopted the resolution proclaiming April 1–7, 2019, as National Public Health Week.

Martin Nava Employee of the Month Resolution

  • Joni Maiden, Director of the Department of Child Support Services, recognized Martin Nava’s contributions to process improvement.
  • The Board adopted the resolution recognizing Martin Nava as the April 2019 Employee of the Month.

World Tuberculosis Day Resolution

  • Speakers referenced the global partnership to eliminate TB and cited local data showing 24 active cases in 2018.
  • The Board adopted the resolution proclaiming March 24, 2019, as World Tuberculosis Day.

Dangerman Preserve Dedication Acceptance

  • The item involved the county’s acceptance of a 35-acre dedication from The Nature Conservancy.
  • An addendum amended the voting requirement from a forfeit vote to a majority vote.
  • The Board moved to accept the dedication.

Smoke on Water Kachuma Lake Cafe Concession Agreement

  • The department requested the withdrawal of the item regarding the concession agreement.
  • The item was removed from the agenda.

South County Board of Architectural Review Reappointment

  • The item involved the reappointment of Alex Pujo to the South County Board of Architectural Review.
  • Public comment was received from Renee O’Neill and Ed Kolaski, with Kolaski speaking in opposition.
  • The Board voted on the reappointment.

Extra Help Services and Retirement Waiver

  • The Board held a hearing to consider recommendations regarding extra help services and a retirement waiver for the Office of County Council.
  • The Board accepted the staff recommendation.

Cannabis Ordinance Amendments and Compliance

  • Staff presented a Q2 compliance report and proposed amendments to Chapter 50 regarding license requirements and enforcement.
  • The Board discussed the distinction between business and zoning ordinances and the timeline for determining operator legal status.
  • The Board directed staff to draft changes to Sections 50-17B and 50-31 and approved the first reading of the amendments.

Patterson Avenue Holdings New Office Appeal

  • Staff recommended denying the appeal for a 6,723-square-foot office building due to traffic safety and congestion concerns.
  • The Board discussed the lack of Caltrans approval for necessary traffic improvements at the intersection.
  • The motion to deny the appeal failed, and the item was continued for further traffic mitigation work.

Environmental Health Services Hazardous Materials Program Fees

  • Staff presented new fee schedules for the Site Mitigation Unit and Certified Unified Program Agency based on activity-based costing.
  • The Board discussed the policy of 100% cost recovery versus services provided to the general public.
  • The Board voted to approve the fee schedule resolutions.

Environmental Health Services Community Health Program Fees

  • The item involved fee adjustments for community health programs, including food facilities and wastewater.
  • The Board approved the item with a modification setting the voluntary septic maintenance fee at $80.

Long-Range Planning Division Work Program

  • Staff presented the recommended work program for the next fiscal year, noting that demands exceed current staffing allocation.
  • The Board discussed funding strategies including grants and a potential increase in the general plan surcharge.
  • The Board voted to accept the work program.

Closed Session

  • The Board entered closed session to confer with legal counsel regarding two matters involving anticipated litigation.
  • Staff reported that there were no reportable actions from the closed session.

Full summary

Agenda Item A1: Resolution Proclaiming April 2019 as DMV Donate Life Month

  • Discussion: A representative from One Legacy, the organ procurement organization for Santa Barbara County, spoke regarding the national organ transplant waiting list and the Donate Life California registry.
  • Motion/Decision: The Board adopted the resolution proclaiming April 2019 as DMV Donate Life Month.
  • Vote Outcome: Passed.

Agenda Item A2: Resolution Proclaiming April 2, 2019, as National Service Recognition Day

  • Discussion: Representatives from AmeriCorps, Habitat for Humanity, and The Blue Sky Center spoke regarding the work of AmeriCorps and Senior Corps participants in addressing community challenges such as education, the opioid epidemic, and disaster response.
  • Motion/Decision: The Board adopted the resolution proclaiming April 2, 2019, as National Service Recognition Day.
  • Vote Outcome: Passed.

Agenda Item A3: Resolution of Commendation Honoring Luis R. Munoz

  • Discussion: The Board presented a resolution honoring Luis R. Munoz upon his retirement from the Public Health Department after 38 years of service, noting his roles as a housekeeper, utility clerk, and storekeeper, as well as his advocacy for employee health and safety.
  • Motion/Decision: The Board adopted the resolution of commendation.
  • Vote Outcome: Passed.

Agenda Item A4: Resolution of Commendation Honoring Freedom for Youth

  • Discussion: The Board presented a resolution commending Freedom for Youth for its work empowering at-risk youth through education, mentorship, and wellness training, including its collaboration with the Santa Barbara County Probation Department and service at Los Prietas Boys Camp since 2008.
  • Motion/Decision: The Board adopted the resolution commending Freedom for Youth.
  • Vote Outcome: Passed.

Agenda Item A5: Resolution Proclaiming April 2, 2019, as Equal Pay Day

  • Discussion: Pat Grijalva and representatives from the American Association of University Women spoke in support of the resolution, which cited statistics regarding the wage gap in the county.
  • Motion/Decision: The Board adopted the resolution recognizing April 2, 2019, as Equal Pay Day.
  • Vote Outcome: Passed.

Agenda Item A6: Resolution Proclaiming April 2019 as ACEs Awareness and Child Abuse Prevention Month

  • Discussion: Barbara Finch spoke in support of the resolution, which highlighted research linking early childhood trauma to long-term health outcomes and emphasized early intervention.
  • Motion/Decision: The Board adopted the resolution designating April 2019 as ACEs Awareness and Child Abuse Prevention Month.
  • Vote Outcome: Passed.

Agenda Item A7: Resolution Proclaiming April 1–7, 2019, as National Public Health Week

  • Discussion: Dr. Yvonne Doberoso spoke in support of the resolution, which addressed health disparities, preventable chronic diseases, and the role of public health professionals.
  • Motion/Decision: The Board adopted the resolution proclaiming the week of April 1–7, 2019, as National Public Health Week.
  • Vote Outcome: Passed.

Agenda Item A8: Resolution Honoring Martin Nava as April 2019 Employee of the Month

  • Discussion: Joni Maiden, Director of the Department of Child Support Services, spoke in support of the resolution recognizing Martin Nava’s contributions to process improvement and technology implementation.
  • Motion/Decision: The Board adopted the resolution recognizing Martin Nava as the April 2019 Employee of the Month.
  • Vote Outcome: Passed.

Agenda Item A9: Resolution Proclaiming March 24, 2019, as World Tuberculosis Day

  • Discussion: Polly Baldwin, Karen White, and Andra Dillard spoke in support of the resolution, which referenced the global partnership to eliminate TB and cited local data showing 24 active cases in 2018.
  • Motion/Decision: The Board adopted the resolution proclaiming March 24, 2019, as World Tuberculosis Day.
  • Vote Outcome: Passed.

Agenda Item A25: County Acceptance of Dangerman Preserve Dedication

  • Discussion: The item involved the county’s acceptance of an offer to dedicate a 35-acre portion of Dangerman Preserve from The Nature Conservancy. An addendum was noted amending the voting requirement from a forfeit vote to a majority vote.
  • Motion/Decision: The Board moved to accept the dedication.
  • Vote Outcome: Passed.

Agenda Item A26: Concession Agreement for Smoke on Water Kachuma Lake Cafe

  • Discussion: The department requested the withdrawal of this item regarding a concession agreement.
  • Motion/Decision: The item was removed from the agenda.
  • Vote Outcome: N/A (Withdrawn).

Agenda Item A42: Reappointment to South County Board of Architectural Review

  • Discussion: The item involved the reappointment of Alex Pujo to the South County Board of Architectural Review. Public comment was received from Renee O’Neill and Ed Kolaski, with Kolaski speaking in opposition citing past disputes regarding permit approvals and procedural conduct.
  • Motion/Decision: The Board voted on the reappointment.
  • Vote Outcome: Passed.

Departmental Item D-1: Extra Help Services and Retirement Waiver

  • Discussion: The item involved a hearing to consider recommendations regarding extra help services and a retirement waiver for the Office of County Council.
  • Motion/Decision: The Board accepted the staff recommendation.
  • Vote Outcome: Passed.

Departmental Item D-2 & Agenda Item A22: Cannabis Ordinance Amendments and Compliance

  • Discussion: Staff presented a Q2 report on cannabis compliance, noting tax receipts of approximately $1.3–$1.4 million and enforcement activities. Proposed amendments to Chapter 50 were discussed, including modifying Ag Employee Live Scan requirements, alternative storefront retail allocation methodologies, changing energy plan review authority, increasing authority to reject license renewals, aligning outdoor cultivation definitions with Coastal Commission requirements, clarifying security plan implementation, adding provisions for rejecting licenses based on false statements, and notifying the state regarding legal non-conforming operators.
  • Public comment was received from multiple speakers regarding license stacking, due process, odor control, nonconforming uses, and state law compliance.
  • The Board discussed the distinction between business license ordinances and zoning ordinances, background check processes, and the timeline for determining legal status of operators.
  • Staff proposed amendments to Section 50-17B to expand grounds for denial to include false statements in prior affidavits, and to Section 50-31 regarding notification requirements.
  • Motion/Decision: The Board directed staff to draft the changes to Sections 50-17B and 50-31. A motion was made to approve the first reading of the amendments. Following this, a motion was made to approve Item A22.
  • Vote Outcome: Passed.

Departmental Item D-3: Patterson Avenue Holdings New Office Appeal

  • Discussion: Staff presented the appeal for a 6,723-square-foot single-story office building at a former gas station site. The project includes 23 parking spaces, landscaping, and a new curb cut. Staff noted that previous appeals regarding height and visual resources were addressed by reducing building heights. Staff recommended denying the appeal and granting de novo approval.
  • Public comment was received from residents and representatives expressing concerns about traffic safety, emergency vehicle access, and congestion at the intersection.
  • The Board discussed the distance from the 101 off-ramp to the proposed curb cut, zoning of surrounding properties, and the lack of Caltrans approval for necessary traffic improvements.
  • A motion was made to continue the appeal with direction to staff and the applicant to work on additional traffic mitigation measures and return for a hearing on June 4.
  • Motion/Decision: The Board voted on the motion to deny the appeal and grant de novo approval.
  • Vote Outcome: Failed. The appeal was upheld and the item was continued.

Departmental Item D-5: Revising Environmental Health Services Hazardous Materials Program Fees

  • Discussion: Larry Fay, Environmental Health Services Director, presented recommendations to adopt new fee schedules for the Site Mitigation Unit (SMU) and the Certified Unified Program Agency (CUPA). The fees were developed using an activity-based costing analysis to achieve full cost recovery. The proposal includes shifting from flat plan review fees to application fees plus hourly rates, and basing CUPA fees on the volume of chemicals on-site.
  • Public comment was received from business owners and residents expressing concerns about significant fee increases and proposed alternative fee structures.
  • The Board discussed the policy of 100% cost recovery versus the reality of services provided for the general public.
  • Motion/Decision: The Board voted to approve the fee schedule resolutions.
  • Vote Outcome: Passed.

Departmental Item D-6: Environmental Health Services Fee Adjustments for Community Health Programs

  • Discussion: This item involved fee adjustments for community health programs, including food facilities, recreational health, and wastewater. The discussion centered on the voluntary septic maintenance fee.
  • Motion/Decision: The Board voted to approve the item with a modification to the voluntary septic maintenance fee, setting it at $80.
  • Vote Outcome: Passed.

Departmental Item D-7: Long-Range Planning Division Fiscal Year 2019–2020 Work Program

  • Discussion: Staff presented the recommended work program for the next fiscal year, noting that four vacancies were filled by October. The presentation covered changes in state law, added projects, and unanticipated work. Staff reported that demands exceed staffing allocation and discussed funding strategies including grants and a potential increase in the general plan surcharge.
  • Motion/Decision: The Board voted to accept the work program.
  • Vote Outcome: Passed.

Other Agenda Items and Administrative Actions

  • Agenda Management: The Chair outlined the agenda sequence, noting that Item A-22 would be heard concurrently with Departmental Item D-2. A motion was made to move the balance of the agenda, with the specific changes of trailing Item A-22 and removing Item A-26.
  • Vote Outcome: Passed.
  • Minutes and Honorary Resolutions: The Board reviewed the minutes of the previous meeting and honorary resolutions (Items A1 through A9).
  • Vote Outcome: Passed.
  • Closed Session: The Board entered closed session to confer with legal counsel regarding two matters involving anticipated litigation. Upon reconvening, staff reported that there were no reportable actions from the closed session.
  • Moment of Silence: The Clerk of the Board announced the unexpected death of Marcy Kohler, a constituent in the Second District. A moment of silence was held in her honor.
  • Introduction of New Planning and Development Director: Staff introduced Lisa Plowman as the new Planning and Development Director.
  • Energy Transition and Oil Exploration: A speaker expressed opposition to ERG’s oil exploration plans in Cat Canyon.
  • Automotive Repair Shop Inspection Program: Nikki Ayers, representing the Independent Automotive Professionals Association, discussed the inspection program for automotive repair shops.
  • Health and Human Services: Tim Watts, representing the Tri-County Cancer Detection Program, and Sandra Aguilar, a breastfeeding peer counselor, provided brief introductions regarding their work.