BOARD OF SUPERVISORS

Minutes of February 1, 2011

• Questions were raised regarding the accuracy of the minutes concerning a previous motion related to the Local Urban Development Code.
• Staff confirmed they reviewed tapes to ensure the language matched the specific direction given by the Board.
• The Board decided to continue the approval of the minutes to allow for further review and clarification of the language.

Administrative Agenda

• The Board continued the Laguna County Sanitation District budget revision request to allow for a full report on funding sources.
• The Board withdrew the vacation of Point Sal Road right-of-way at the request of staff.
• The remaining administrative items were approved as modified, including the single audit report and conflict of interest code amendments.

Board Member Reports

• Supervisors reported on attendance at various community events, advocacy trips to D.C., and constituent services.
• Reports included participation in the Amgen Tour of California, Green Business Lunches, and memorial services for local residents.

Agenda Request: Fire Department Annexation

• Supervisor Wolfe requested that a Fire Department annexation item in the Los Padres Forest area be placed back on the agenda.
• The Board clarified that the item focuses on the administrative/legal expansion of boundaries to capture property tax from US Forest Service parcels.
• The motion to place the item on the agenda as soon as possible passed.

Time Certain Agenda

• The Board voted to move the first time certain item to March 1st.
• The Clerk read the second item into the record regarding a hearing to receive report and recommendations from the Retirement Board Program Alternatives Advisory Commission.

Retirement Program Alternatives Advisory Commission Report

• An actuary presented the commission's findings, noting contribution rates are projected to increase from 28.9% to 34.5% of pay.
• The commission recommended six measures, including new benefit formulas for future employees and cost-saving changes for current employees.
• The Board received and filed the report, with County Counsel noting that future employee negotiations must be discussed in closed session.

HAZMAT Team Information

• A representative described the functions of the County HAZMAT team, including response to hazardous material incidents and management of leaky underground fuel tanks.
• The team is stationed in Buellton and augments south coast teams.
• Residents were advised to dispose of household hazardous materials through designated drop-off sites or by contacting www.lessismore.org.

Tsunami Safety Education

• An educational segment was presented regarding tsunami safety, noting that tsunamis are series of ocean waves caused by underwater earthquakes.
• Warning signs include water receding from the shore, a strong earthquake lasting 20 seconds or longer, or a loud ocean roar.
• Recommended actions include evacuating immediately to higher ground or moving at least one mile inland.

Common Ground Santa Barbara / Homelessness Initiative

• A briefing was held to launch the "Common Ground Santa Barbara" initiative, a countywide collaboration to address homelessness using the "100,000 Homes" campaign framework.
• The initiative aims to identify the most vulnerable homeless individuals using the Vulnerability Index to prioritize housing.
• Volunteer training is scheduled for February 27, with survey administration from February 27 to March 4.

State Budget and Special Election

• Staff presented a proposed letter supporting placing a measure on the June ballot to address the continuation of the Vehicle License Fee and one-half percent sales tax.
• The letter is intended to fund the Governor’s proposed public safety and Health and Human Services realignment proposals.
• The Board approved the letter with an amendment strengthening the language regarding the necessity of adequate funding shifts to local government.

LAFCO Appointment

• Staff presented a request from the Local Agency Formation Commission (LAFCO) Executive Officer for the Board to appoint a member for a term expiring March 1, 2015.
• The Board voted to reappoint Supervisor Wolf to the LAFCO position.

Beto Rabia Administration Building Construction

• Staff presented options regarding the construction of the Santa Maria Better Avia Administration Building, noting the county’s challenging fiscal situation.
• The Board rejected the bids received for construction and directed staff to bring back project substitutions.
• The Board officially named the building the "Joseph Centeno Better Avia Government Administration Building."

2011 Coastal Resource Enhancement Fund (CREF) Allocations

• Staff presented a request to allocate $260,580 for the Gaviota Coast Plan and $69,559 for the Santa Claus Lane Project from the 2011 CREF general allocation.
• Staff recommended bypassing the solicitation process this year due to fiscal constraints and the need to complete these specific projects.
• The Board adopted the staff recommendation to allocate the specified CREF funds to the Gaviota Coast Plan and the Santa Claus Lane Project.

Los Alamos Community Plan

• Staff presented the Los Alamos Community Plan, which aims to preserve community character by retaining the existing urban growth boundary while encouraging economic development in the downtown core.
• The plan includes the creation of a new "Community Mixed Los Alamos" zone district and updated design guidelines.
• The Board recommended staff’s recommendations A through E, as amended, including additional language regarding high-speed internet.

Closed Session

• The Board received a report from the closed session held earlier in the day.
• It was noted that four items were considered, with no reportable items at that time.
• The closed session was scheduled to continue during the lunch hour, with a final report to follow.

Closed Session Report

• The Board received a report from the closed session held earlier in the day. It was noted that four items were considered, with no reportable items at that time. The closed session was scheduled to continue during the lunch hour, with a final report to follow.

Pledge of Allegiance

• The Pledge of Allegiance was recited.

Minutes of February 1, 2011

• Discussion: Questions were raised regarding the accuracy of the minutes concerning a previous motion related to the Local Urban Development Code (LUDC) and Coastal Commission certification. Debate centered on whether the motion directed staff to immediately start a new public process or merely to continue looking at issues in future planning efforts. Staff confirmed they reviewed tapes to ensure the language matched the specific direction given.
• Public Comment: Linda Kropp, Chief Counsel of the Environmental Defense Center, commented on community confusion regarding the next steps for the LUDC process, asking for a clear statement of the motion and a follow-up report on the uncertified state of the LUDC.
• Decision: The Board decided to continue the approval of the minutes to allow for further review and clarification of the language regarding the LUDC motion. The minutes were not approved at this time.

Administrative Agenda (A2–A40)

• A2: Single Audit Report (FY 2010)
• Discussion: Supervisor Lavagnino asked about the history of the county’s high-risk audit status and associated costs. Staff explained that the county has been considered high-risk since FY 2002-2003 due to findings of noncompliance, primarily in the Social Services Department. High-risk status can lead to increased audit costs and potential recoupment of questioned costs by federal agencies. Supervisor Carbajal asked about measures taken by the Auditor-Controller to rectify the situation. The Auditor-Controller stated they worked to ensure timely reporting and collaborated with departments, but lacked resources to correct departmental processes directly. Supervisor Lavagnino expressed concern about the quality of corrective actions, particularly in Social Services, and suggested directing department heads to provide solid corrective actions to avoid recurring issues.
• Decision: The item was discussed as part of the general administrative agenda.
• A3: Amendment to Audit Contract
• Discussion: A request to approve Amendment No. 1 to the contract with Brown, Armstrong, Pauldin, McGown, Starbucks, Thorntonburg, Keeter Accountancy Corporation for $148,400 to perform the FY 2010-2011 financial and single audits.
• Public Comment: Carolyn Renard commented on the accuracy of the audit given past financial misconduct, specifically referencing a past issue with Medi-Cal billing in mental health.
• Decision: The item was discussed as part of the general administrative agenda.
• A4: Conflict of Interest Code
• Discussion: A request to adopt a resolution regarding biennial amendments to the Santa Barbara County Single Comprehensive Conflict of Interest Code.
• Public Comment: Dr. Johns requested that the conflict of interest code be applied to supervisors, citing specific examples of alleged conflicts of interest. The Chair noted the speaker was addressing a subject not included in the specific item (which was for the Santa Maria Joint Union High School District) and asked him to limit his comments. Dr. Johns reiterated his request for a separate item for the Board of Supervisors.
• Decision: The item was discussed as part of the general administrative agenda.
• A9: Budget Revision Requests (Laguna County Sanitation District)
• Discussion: Supervisor Farr moved to pull the item, stating the Board needed a full report on various funding sources (bonds, COPs) and their restrictions before proceeding. Supervisor Carbajal echoed this request for a broader understanding of the bond funds. Staff indicated a plan to return in early March with a contract amendment that would include this budget revision.
• Motion: A motion was made to continue A9 for two weeks.
• Vote: Passed.
• A10: Purchase of Surplus Equipment
• Discussion: Supervisor Farr asked if the net proceeds from the sale would stay in the enterprise fund. Staff confirmed that proceeds from the sale of surplus equipment go back into the enterprise fund. Staff explained the equipment was sold because it had exceeded its useful life and maintenance costs were increasing.
• Public Comment: Andy Caldwell, representing COLAP, discussed the impact of California Air Resources Board (CARB) diesel engine rules on equipment value and replacement costs, asking for a departmental hearing to assess the financial impact on the county.
• Decision: The item was discussed as part of the general administrative agenda.
• A14: Four-Way Stop Control (California Blvd at Clubhouse Dr)
• Public Comment: Ken Watts, a resident of Fox and Woods, requested reconsideration of the removal of a stop sign at the intersection, citing safety concerns for pedestrians and children. He noted that Public Works had been working with the City of Santa Maria and the Homeowners Association on the issue.
• Decision: The item was discussed as part of the general administrative agenda.
• A16: Vacation of Point Sal Road Right-of-Way
• Discussion: Staff requested to withdraw this item at this time.
• Public Comment: Andy Caldwell, representing COLAP, expressed appreciation for Supervisor Gray’s work on the issue but argued against abandoning the road, citing limited beach access in North County and the use of state and county funds. He requested that when the issue returns, the Board be apprised of the costs to repair the road, alternatives for access, and the history of funding.
• Decision: The item was withdrawn from the agenda.
• A19: Final Map of Track No. 14740 (Hummel Village Phase 2)
• Discussion: Supervisor Carbajal asked about procedures for ensuring compliance with affordable housing conditions. CEO Waller stated she would report back to the Board on the specific procedures via memo. Supervisor Carbajal suggested engaging the Auditor-Controller in a compliance review strategy. Supervisor Farr noted that past compliance issues had been rectified with the help of the Auditor-Controller’s office and supported the request for a report.
• Decision: The item was discussed as part of the general administrative agenda.
• A22: Treasurer’s Investment Pool (FY 2010-11 Q2)
• Discussion: Supervisor Carbajal suggested that this item be considered as a departmental item in the future to highlight the prudence of the county’s investments and recognize the Treasurer.
• Decision: The item was discussed as part of the general administrative agenda.
• A17: Proposition 1B Hot Mix Asphalt Overlay
• Discussion: Supervisor Farr acknowledged Public Works staff for including Patterson Avenue in the paving list, noting that residents had been waiting for repairs for many years.
• Decision: The item was discussed as part of the general administrative agenda.
• Administrative Agenda Approval
• Motion: A motion was made by Supervisor Lavagnino, seconded by Supervisor Carbajal, to approve the administrative agenda as modified (with A9 continued and A16 withdrawn).
• Vote: Passed.

Board Member Reports

• Supervisor Wolfe: Reported on attending a women and girls in sports event, a Green Business Lunch, a Collaborative Courts graduation, an SB CSRS allocation orientation, and the Festival of Hearts.
• Supervisor Farr: Reported on attending the Amgen Tour of California route announcement, a Hillel Hall of Fame award ceremony, an Air Pollution Control District teacher grant dinner, and a memorial service for Russ Hicks.
• Supervisor Carbajal: Reported on a trip to D.C. to advocate for SBCAG transportation priorities and attending a funeral service for a constituent.
• Supervisor Lavagnino: Reported on attending an Elks Appreciation Dinner, a ride-along with Santa Maria PD, a Green Business Alliance event, a celebration of life for former Mayor Don Lair, and a discussion with Congresswoman Lois Capps regarding river levy funding.
• Chair Gray: Reported on lobbying in D.C. for Highway 101 widening and safety, attending the dedication of the Dick DeWeese Memorial Highway, and recognizing a Parks Department volunteer, George Piperus.

Public Comment / Agenda Request

• Discussion: Supervisor Wolfe requested that a Fire Department annexation item in the Los Padres Forest area, which had been removed from the long-range calendar, be put back on the agenda. CEO Waller explained it was removed because it involved a transfer of dollars within the general fund and might be more appropriate during budget time. Supervisor Carbajal clarified that the specific item of interest was the administrative/legal expansion of boundaries to capture property tax from US Forest Service parcels, which did not necessarily involve a general fund transfer.
• Motion: Supervisor Carbajal moved to place the item, focusing solely on the US Forest Service piece, on the agenda as soon as possible. Supervisor Wolfe seconded.
• Vote: Passed.

Time Certain Agenda

• Item 1: The Board voted to move this item to March 1st.
• Vote: Passed.
• Item 2: The Clerk read the item into the record: A hearing to receive and follow report and recommendations from the Retirement Board Program Alternatives Advisory Commission.

Agenda Item: Presentation of the Advisory Commission Report on Retirement Program Alternatives

Presentation and Overview

• The Clerk of the Board introduced the members of the Advisory Commission present (John Nelson, Fletcher Phillips, and Frank Trois) and noted the absence of Chair Peromisco and Vice-Chair Hamilton. Bill Hallmark, an actuary from Chiron who provided technical support to the commission, presented the commission’s findings and recommendations.
• Hallmark outlined the current financial situation of the retirement system, noting that contribution rates are projected to increase from 28.9% to 34.5% of pay in the current year, with a potential peak of 45% before declining. He explained that these projections reflect the Retirement Board’s adopted discount rate changes from 8.16% to 7.75%, with a planned move to 7.5% in two years. Vince Brown, CEO of SB Service (the retirement system’s administrator), confirmed that the 7.75% rate was formally adopted for two years, followed by a move to 7.5%, and explained that the cost increases were driven by demographic changes and the lower discount rate assumptions rather than benefit increases.

Commission Recommendations

• Hallmark detailed six recommendations from the commission: 1. General Employees (Future): Negotiate and adopt one of two benefit formulas: 1.62% at age 65 or 2% at age 61.25, both including a defined contribution component. 2. Safety Employees (Future): Negotiate and adopt one of two sets of formulas: 2% at age 50 for all, or 2% at age 50 for probation and 3% at age 55 for fire/insurers, both including a defined contribution component. 3. Future Employees (General Changes): Apply specific cost-saving measures, including using the final three years of salary for average pay, eliminating half-rate contributions, eliminating employer offsets, reducing the post-retirement COLA from 3% to 2%, eliminating vacation hour conversion, and eliminating lump-sum performance payments. 4. Current Employees (General Changes): Apply the same measures as Recommendation 3, subject to legal review regarding vested rights. 5. APCD: Request that the Air Pollution Control District (APCD) board consider relevant recommendations, noting APCD employees do not participate in Social Security. 6. Funding Policy: Suggest funding policy options (such as amortization periods) to the Board of Retirement for consideration.

Financial Impact and Projections

• Hallmark presented charts showing income replacement ratios and cost impacts. For general employees, Alternative 1 (1.62% at 65) targets an 80% income replacement at age 65, while Alternative 2 (2% at 61.25) provides slightly higher benefits. For safety employees, the alternatives target approximately 80–92% replacement ratios depending on the formula and service years.
• Cost analysis indicated that implementing Alternative 1 for new hires would reduce the county’s normal cost contribution from approximately 14% to 4.6% for general employees and from 24.3% to 12.7% for safety employees (after accounting for employee contributions). Long-term projections showed that changing benefit structures for new employees would reduce the peak contribution rate from 45% to under 43% and lower the long-term contribution rate from 31% to approximately 22%.

Board Questions and Clarifications

• Amortization Periods: Supervisor Wolff asked for a comparison of the 17-year rolling amortization versus a 20-year rolling amortization. Hallmark demonstrated that a 20-year amortization would lower the peak contribution rate from 45% to 42.5% but would result in a slightly higher long-term contribution rate (31.6% vs. 30.9%) and a slower improvement in funded status.
• Legal Constraints: Supervisor Wolff inquired about the legal ability to modify benefits for current employees. County Counsel clarified that changes to vested benefits (such as final average salary, half-rates, and COLA) require negotiation and must be offset by comparable advantages to satisfy constitutional protections. However, the board has discretion to eliminate employer offsets, vacation hour conversion, and lump-sum payments for current employees, as these are outside the basic pension plan.
• Defined Contribution Component: Supervisor Wolff asked who would pay for the 2.5% defined contribution component. Hallmark stated this was left to negotiation and was included to meet the 80% income replacement target.
• Sustainable Contribution Rate: Supervisor Lavagnino asked about the origin of the "maximum sustainable contribution rate" line (approx. 30%) shown on the charts. The Clerk of the Board explained this was a guiding principle established by the County Budget Office approximately two years prior.

Public Comment

• Darrell Sheck (Trustee, Santa Barbara County Employees Retirement System): Stated he was not speaking on behalf of the retirement board. He commended the commission’s effort but urged the Board of Supervisors to keep an open mind about all ideas, including funding policy adjustments, not just benefit structure changes. He noted that significant savings from benefit changes would take years to materialize and emphasized that the average general member retiree pension is less than $25,000 annually.
• Terry Dressler (Director, APCD): Expressed surprise that APCD was included in the report without prior consultation or data sharing. He noted that APCD has taken proactive measures to mitigate retirement costs, including staff reductions and salary freezes, and has healthy reserves. He requested that the Board not adopt Recommendation 5 and allow the APCD Board of Directors to address retirement issues through its own budgetary process.
• Bob Field (Public Commenter): Urged the board to avoid partisan blame and work together to solve the problem. He criticized unions and current employees for not doing enough to help solve the issue, noting that the public has also suffered financial losses.
• Randy Carnahan (Public Works Employee): Criticized the commission for focusing too heavily on defined contribution plans and neglecting defined benefit options. He suggested capping retirements at $100,000 and amortizing part of the unfunded liability over 30 years. He disputed media reports of high average salaries, citing a study showing the average general employee retirement is $24,783, and requested that the board ensure accurate information is provided to the media.
• Dave Stockdale: Spoke against a two-tier pension system that favors public employees over taxpayers. Compared public employee pension contributions (30%) to private sector standards (Social Security and 401k contributions). Urged the Board to consider the sustainability of the current system and to support legal changes that would allow for more significant pension reforms.
• Supervisor Carbajal: Responded to previous comments, stating the need to stratify information by member type (general, public safety, executives) to provide accurate perspective. Asserted that the Board faces a challenge it intends to address and emphasized the need for an honest debate based on integrity.
• Andy Caldwell (representing Colab): Argued that the Board is focusing too narrowly on cost-cutting rather than economic growth. Suggested that future pension cost increases should be split between employees and the county. Opposed borrowing or stretching amortization periods. Recommended looking at privatization, streamlining regulatory processes, and allowing development projects to generate revenue. Stated that SEIU members’ total retirement benefits include Social Security, which should be considered in comparisons. Supported early retirement for frontline public safety and probation officers but not for dispatch or maintenance staff.
• George Green (SEIU Local 620): Corrected characterizations regarding SEIU members’ retirement ages and salaries, stating the average retirement age is 62–63 and average salary is under $25,000. Noted that the commission did not reach full consensus and that a minority report was voted down. Reminded the Board that SEIU members had previously made significant concessions, including furloughs and salary increases negotiated years prior.
• Dr. Robert Johns: Criticized Supervisor Carbajal for characterizing public speakers as making "outrageous distortions." Stated that the decision on the retirement system will ultimately be made by the public and that incorrect decisions could result in supervisors losing office.
• Mayor Connell (City of Goleta): Reported that rising costs associated with the retirement structure have forced the city to reduce public safety service levels, including the loss of a gang deputy and a detective. Warned that contract costs with the Sheriff’s Department could increase by 20% over the next two years if no changes are made. Stated that the city council is examining alternative law enforcement options due to these costs.
• Joe Almendarez (Santa Barbara County Taxpayers Association): Refuted the claim that the Taxpayers Association opposes all taxes, citing past support for Measure A, Measure U, and school bonds. Stated that the Association has raised pension issues for nearly a decade. Emphasized the need to focus on economic vitality and new revenue sources in addition to cost control.
• Terry Tyler (Retired CPA): Recommended serious consideration of the commission’s recommendations, noting they can be implemented without significant suffering for employees. Highlighted Item F of the report (changing the Cost of Living Adjustment from 3% to 2%) as a potential source of over $14 million in annual savings. Suggested revisiting the legality of this change, noting that the original increase was funded by excess earnings which no longer exist.
• Carolyn Renard (Attorney): Raised concerns regarding the Board’s intent to discuss specific retirement issues in closed session. Cited the Brown Act, stating that hearing general matters or specific employee retirement issues in closed session may be a violation. Noted that the County’s current closed session agenda lacks required item listings, which she stated is a Brown Act violation.

Motion and Vote

• Motion: To receive and file the report from the commission.
• Moved by: Supervisor Farr.
• Seconded by: Supervisor Carbajal.
• Vote Outcome: Passed.

Post-Vote Discussion

• Supervisor Lavagnino: Asked for the "game plan" moving forward regarding the implementation of the report. Cited a cost of $1.1 million for the current year related to the retirement offset of vacation conversion for unrepresented employees. Requested that the item be brought back quickly for a vote on next steps.
• County Counsel (Ms. Waller): Stated that items related to future employee negotiations must be discussed in closed session, after which information will be brought back to open session for further action.
• Adjournment: The Chair announced an adjournment for closed session, scheduled to return at 11:50 AM.

Agenda Item: HAZMAT Team Information

• Discussion: A representative described the functions of the County HAZMAT team, including response to hazardous material incidents, management of leaky underground fuel tanks (LUFT), and certified unified program agency inspections. The team is stationed in Buellton and augments south coast teams.
• Public Guidance: The representative advised residents to dispose of household hazardous materials (e.g., pesticides, paint, oil) through designated drop-off sites or by contacting www.lessismore.org, rather than placing them in trash.

Agenda Item: Tsunami Safety Education

• Discussion: An educational segment was presented regarding tsunami safety. Key points included:
• Tsunamis are series of ocean waves caused by underwater earthquakes.
• Warning signs include water receding from the shore, a strong earthquake lasting 20 seconds or longer, or a loud ocean roar.
• Recommended actions: Evacuate immediately to higher ground (at least 100 feet above sea level) or move at least one mile inland.
• Do not go to the coast to watch a tsunami.
• Pet owners were advised to include pets in emergency plans, keep tags current, and pack survival kits.

Agenda Item: Common Ground Santa Barbara / Homelessness Initiative

• Overview: A briefing was held to launch the "Common Ground Santa Barbara" initiative, a countywide collaboration to address homelessness using the "100,000 Homes" campaign framework and the Vulnerability Index.
• Key Statements:
• Organizer (Rob): Highlighted the need for accurate data to separate fact from fiction regarding homelessness. Noted that 32 people died prematurely due to homelessness in the previous year and six so far in the current year. Announced that a HUD waiver was obtained to extend the point-in-time count and enhance it with a survey.
• Congresswoman Lois Capps: Emphasized the community’s commitment to solving homelessness. Cited the Affordable Care Act as a step toward improving healthcare access for vulnerable populations. Expressed support for the initiative and the need for 500 volunteers.
• Mayor Helene Schneider (City of Santa Barbara): Acknowledged the importance of Community Development Block Grants. Stated that the community wants issues resolved regardless of which agency is responsible. Emphasized the need for data-driven policy rather than anecdotal evidence.
• David Matson (County Housing and Community Development): Stated that the County dedicates approximately $8.5 million annually to homelessness, plus $1.4 million from HUD. Confirmed that federal program support was renewed in late January. Highlighted the importance of accurate data for effective service delivery.
• Initiative Details:
• Goal: Identify the most vulnerable homeless individuals using the Vulnerability Index to prioritize housing.
• Timeline: Volunteer training scheduled for Sunday, February 27; survey administration from February 27 to March 4.
• Volunteer Need: 500 volunteers required for the countywide count.
• Process: Volunteers will conduct surveys from 4:00 AM to 6:00 AM to collect data on health conditions, duration of homelessness, and demographics.
• Resources: Website www.commongroundsb.org provided for volunteer registration.
• Video Presentation: A video was shown explaining the 100,000 Homes Campaign and the Vulnerability Index methodology, illustrating how data collection leads to prioritized housing for the most at-risk individuals.

Public Comment and Closed Session Report

• The Chair called for a short report from closed session. The Clerk reported that all items were heard and there was no reportable action. The Chair then opened the floor for public comment. Several members of the public addressed the Board regarding various issues, including:
• An inquiry regarding the investigation of a racial slur incident involving a Goleta City Councilman.
• A request for the Board to take action against a specific individual regarding harassment and a discussion on the "PISS" program.
• Comments on mental health fund accountability, traffic safety regarding crosswalks, and a legal case involving a county employee and a resident, including a request for the Board to attend a scheduled court hearing.
• A statement from a resident regarding a physical altercation with a county employee during a previous Board meeting and an offer of mediation.

Agenda Item 3: State Budget and Special Election

• Presentation: Staff presented a proposed letter to the Governor, the State Legislative Delegation, and CSAC. The letter supports placing a measure on the June ballot to address the continuation of the Vehicle License Fee (VLF) and the one-half percent sales tax. This revenue stream is intended to fund the Governor’s proposed public safety and Health and Human Services realignment proposals, which would shift state services to the county. Staff recommended the Board authorize the signing and transmission of the letter.
• Public Comment: A representative from CoLab spoke in opposition to the letter, arguing that the state’s realignment proposal is a "crummy deal" that shifts permanent responsibilities without permanent funding. The speaker cited past realignment efforts that resulted in significant lost revenues for the county and urged the Board not to send the letter, stating it was not strong enough.
• Discussion: A Board member expressed support for allowing voters to make the decision, noting that silencing the electorate is detrimental to democracy, while also expressing a desire for public pension reform. Another Board member proposed amending the letter to strengthen the language regarding the necessity of adequate funding shifts to local government accompanying any program realignment.
• Motion and Vote: A motion was made to approve the letter with the proposed amendment strengthening the funding shift language. The motion was seconded. The Board voted in favor.
• Outcome: Passed.

Agenda Item 4: LAFCO Appointment

• Presentation: Staff presented a request from the Local Agency Formation Commission (LAFCO) Executive Officer for the Board to appoint a member for a term expiring March 1, 2015.
• Motion and Vote: A Board member moved to reappoint Supervisor Wolf to the LAFCO position. The motion was seconded. The Board voted in favor.
• Outcome: Passed.

Agenda Item 5: Beto Rabia Administration Building Construction

• Presentation: Staff presented options regarding the construction of the Santa Maria Better Avia (Beto Rabia) Administration Building. Due to the county’s challenging fiscal situation, the Board was asked to decide whether to proceed with construction or not.
• Option to Proceed: Award the construction contract.
• Option Not to Proceed: Reject the bids and reallocate the debt proceeds. Staff outlined the complexities of the financing, which included Recovery Zone Economic Development Bonds (RZEDBs) and traditional Certificates of Participation (COPs). Staff noted that RZEDBs cannot be moved to projects not in the original application. If the project does not proceed, approximately $2.2 million in RZEDBs would need to be reallocated to other approved projects (EOC or Public Defender), and approximately $3.2 million in COPs would be freed up for other county projects. Staff recommended, if not proceeding, to use available funds to fully equip the computer room at the Emergency Operations Center (EOC) in Lompoc (Option 3), moving operations out of the basement of the current administration building. Staff also noted that if the project proceeds, annual operation and maintenance costs are estimated at $110,000.
• Discussion:
• A Board member asked about the debt service savings if the building is not built. Staff clarified that the debt service (approx. $590,000) remains regardless, but the source of repayment may change if funds are reallocated.
• A Board member expressed support for not building the new facility in the current economic climate, citing the need to spend taxpayer dollars wisely and the availability of other county projects. The member requested that if the project is not built, the Board consider improvements to the existing building or other North County projects, and emphasized the need for legal compliance regarding the bond restrictions.
• A Board member inquired about the backup Emergency Operations Center (EOC) capabilities. Staff confirmed that they are continuing to evaluate alternate EOC sites, including the Public Works Building, to ensure redundancy if the main EOC is unavailable.
• Staff clarified that the Enhanced Computer Room (ECR) is a separate issue from the Emergency Operations Center (EOC). Staff explained that Option 3 for the ECR was selected because it is the only option allowing the use of RZEDB funds, despite the loss of geographic redundancy between North and South County. Staff noted that future redundancy strategies may rely on out-of-state solutions rather than local geographic redundancy. Staff confirmed that the "Better Avia Administration Building" project name aligns with the submitted bond project, potentially allowing RZEDB funds to be applied to this building.
• One Supervisor expressed concern that out-of-state redundancy is insufficient for catastrophic statewide events (e.g., tsunami, earthquake) and argued for maintaining in-county redundancy, specifically in North County. This Supervisor suggested third-party review of the IT strategy recommendations.
• Another Supervisor supported moving the IT and EOC functions to the new building but expressed concern about using RZEDB funds for projects not strictly required by the bond parameters. This Supervisor asked about the status of the contractor bid extension.
• Staff responded that the bid extension expires on February 18. Staff noted that a second extension could be requested but cautioned that prolonged negotiations with the low bidder might raise legal concerns from other bidders regarding the sealed bid process.
• A Supervisor asked about the solar panel alternate included in the contract. Staff confirmed the alternate was not elected and that an analysis of costs and payback periods would be required if it were to be added.
• A Supervisor asked if incentives exist for in-county contractors; staff stated that such incentives are not allowed under the Public Contract Code.
• Motion: A motion was made to reject the bids received for construction, direct the CEO, Treasurer, Auditor-Controller, County Counsel, and General Services Director to bring back project substitutions, and officially name the building the "Joseph Centeno Better Avia Government Administration Building."
• Second: The motion was seconded.
• Vote: The motion passed.

Agenda Item 6: 2011 Coastal Resource Enhancement Fund (CREF) Allocations

• Discussion: Staff presented a request to allocate $260,580 for the Gaviota Coast Plan and $69,559 for the Santa Claus Lane Project from the 2011 CREF general allocation of $330,139. Staff explained that CREF funds are generated from offshore oil and gas permits and are typically allocated through a public solicitation process. However, staff recommended bypassing the solicitation process this year due to fiscal constraints and the need to complete these specific projects, which were previously approved in concept. Staff noted that the Gaviota Coast Plan would be funded entirely by CREF, while the Santa Claus Lane Project would use CREF for approximately $70,000, with the remainder from the General Fund.
• Supervisor Comments:
• One Supervisor questioned why the standard solicitation process was not followed, noting that this is the first year since 1987-88 that solicitations have not been conducted. This Supervisor expressed concern that the process lacked transparency and that other potential projects (e.g., an Isla Vista staircase repair, a Goleta Beach lift station) were not considered.
• Staff explained that the decision was driven by the need to complete existing projects before seeking new ones and the anticipated significant budget shortfall, which made General Fund funding for these projects unlikely.
• Another Supervisor supported the motion, noting that the public had been informed of the fiscal situation in the previous year and that opening the process now would be a pro forma exercise that could give false hope to applicants.
• A Supervisor seconded the motion, noting that while the 5th District receives a small portion of CREF funds, the program has exceeded $20 million in contributions and has funded many projects over the last 20 years.
• Public Comment:
• One commenter alleged that the use of CREF funds was discriminatory and racist, arguing that funds should go to non-profits serving minority communities rather than environmental projects.
• Another commenter, representing the Coastal Coalition and Energy Coalition, recommended an expedited public solicitation process to maintain transparency and tradition, while acknowledging that the two proposed projects would likely remain the top choices.
• Motion: A motion was made to adopt the staff recommendation to allocate the specified CREF funds to the Gaviota Coast Plan and the Santa Claus Lane Project.
• Second: The motion was seconded.
• Vote: The motion passed.

Agenda Item 7: Los Alamos Community Plan

• Discussion: Staff presented the Los Alamos Community Plan, which aims to preserve community character by retaining the existing urban growth boundary while encouraging economic development in the downtown core. Key elements include:
• New Zone District: Creation of a new "Community Mixed Los Alamos" (CMLA) zone district to replace the existing C2 zone in the downtown area. This form-based code allows for zero front setbacks, build-to lines, off-site parking, and residential use as a primary use (up to 100%, compared to 50% in C2). The development plan permit trigger is increased from 5,000 to 15,000 square feet.
• Design Guidelines: Updated Bell Street Design Guidelines and a Design Control Overlay to ensure new and remodeled projects are compatible with the historic downtown character.
• Parcel Changes: Rezoning of the Burtness parcel (southern portion) from Highway Commercial C2 to allow a greater range of retail uses, and the Thompson parcel from residential to General Commercial C3.
• Build-out Comparison: The plan projects 1,321 residential units (an increase from 1,066 in the 1994 plan) and a decrease of 230,000 square feet in commercial/industrial build-out potential, primarily due to the Lucas & Llewellyn winery project and associated vineyards/reservoirs.
• EIR: The Final Environmental Impact Report (EIR) identified Class 1 (significant and unavoidable) impacts in cultural resources, water resources, visual resources, biology, solid waste, and wastewater. Class 2 (significant but mitigable) impacts were identified in flooding, agriculture, traffic, noise, and air quality. Mitigation measures are incorporated into the plan.
• Supervisor Comments:
• Supervisors asked questions regarding the location of the Lucas & Llewellyn parcel, the Los Alamos Park, and the Olga Reed Elementary School track.
• A Supervisor raised concerns about inadequate internet service in the community. Staff noted that the plan includes language regarding broadband access. Another Supervisor mentioned new FCC rules and potential NACO grants for rural broadband funding.
• A Supervisor asked about the status of the local school district, noting a recent housing project approval that may increase enrollment.
• Public Comment:
• Chris Rather, Chair of the Los Alamos Planning Advisory Committee (LAWPAC), thanked county staff and the Board for supporting the plan, which reflects community input to preserve the urban boundary and focus on downtown infill.
• Laurie Tamora, representing a landowner, provided historical context, noting that the plan process was initiated by a landowner who proposed a larger development but ultimately withdrew. She acknowledged the landowner's financial contribution to the plan's initiation and the community's decision to focus on infill rather than expansion.
• A member of the public commented on the community plan process, noting the involvement of local planning bodies and staff.
• Supervisor Statement: Supervisor Farr stated that the plan resulted from extensive public involvement and meetings. She acknowledged the contributions of community members and staff, specifically mentioning an individual named Chris Rather for their involvement in the process.
• Motion: Supervisor Farr moved to recommend staff’s recommendations A through E, as amended, including additional language presented during the meeting.
• Clarification on Additional Language: A speaker requested that the record reflect the intent of the additional language regarding high-speed internet. The speaker clarified that the language elevates the importance of high-speed internet for education, business, and health care in future work programs and grant evaluations, but does not commit the board to funding any specific project at this time.
• Vote: The motion was seconded. The board voted on the motion to recommend staff’s recommendations A through E, as amended.
• Outcome: The motion passed.

Adjournment and Memorials

• Memorial Remarks:
• A member of the public offered remarks in memory of Evangelina Diaz, a resident of the first district from the Carpinteria area.
• Supervisor Farr offered remarks in memory of Neal Taylor, a long-time county resident and naturalist associated with Lake Cachuma.
• Adjournment: The Chair thanked the attendees and announced that the board would meet again in two weeks.