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Board of Supervisors — 2012-10-02

Board of Supervisors — 2012-10-02October 2, 2012

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BodyBoard of Supervisors
MeetingRegular Meeting
Date📅 October 2, 2012

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Meeting Summary

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At a glance

Closed Session

  • The Board conferred with legal counsel regarding anticipated litigation in Estate of Flood v. County of Santa Barbara.
  • Conferences were held with real property negotiators regarding 14450 Terra Vista Drive and with labor negotiators.
  • The Board unanimously authorized the County Counsel to file a cross-complaint to recover workers' compensation payments.

Agenda Changes and Administrative Items

  • The Clerk noted corrections to district designations and descriptions, and added Item A23 to the agenda.
  • Supervisor Carbajal recused himself from Items A2 and A3 due to a conflict of interest involving his spouse’s employer.
  • The Board adopted resolutions commending the Child Support Enforcement Team and proclaiming National Arts and Humanities Month.
  • Steve Hernandez and Elizabeth Ann Hawley were appointed to the Advisory Board on Alcohol and Drug Problems.
  • The Board authorized general improvements to the Lompoc Veterans Memorial Building estimated at $30,000.
  • The Board approved the balance of the administrative agenda.

Appeal of Abandoned Vehicle Violations

  • Public Works reported that the property owner demonstrated substantial compliance by moving two of three vehicles.
  • A public speaker raised allegations of criminal conduct regarding the handling of the case.
  • The Board accepted the department’s recommendation to withdraw the item.

Comprehensive Annual Financial Report (CAFR)

  • The Auditor-Controller presented the CAFR for the fiscal year ending June 30, 2012, noting an unqualified audit opinion.
  • Board members inquired about the retained deficit in the workers' compensation internal service fund and the strategic reserve balance.
  • The CEO’s office stated that proposals to address the workers' compensation deficit are expected in the coming month.
  • The Board received and filed the report.

AB 900 Phase 2 Conditional Award / Northern Branch Jail Project

  • The Sheriff presented the acceptance of an $80 million state award and the plan to proceed with the Northern Branch Jail Project.
  • The project involves a total estimate of $96.1 million, with the county’s remaining funding obligation estimated at $9.7 million.
  • The Sheriff recommended an "all-cash" option for the state match to save approximately $6 million in interest compared to issuing bonds.
  • The new 376-bed facility is projected to reduce annual operational costs by $3.8 million compared to operating both current facilities.
  • The Board voted to accept the staff recommendations and proceed with the project.

Full summary

Closed Session

  • The Board convened in closed session to address three items: a conference with legal counsel regarding anticipated litigation (Estate of Flood v. County of Santa Barbara), a conference with real property negotiators regarding 14450 Terra Vista Drive, and a conference with labor negotiators. Upon reconvening, the Board reported that it unanimously authorized the County Counsel to file a cross-complaint to recover workers' compensation payments for an injured deputy in the Estate of Flood matter.

Public Comment (General)

  • Public comment was opened for items not on the agenda. Speakers addressed topics including the employment of non-citizens by a local political figure, general remarks regarding personal values, and support for the North County Jail project. The Chair advised a speaker regarding the jail project that the topic was on the agenda and should be addressed during the specific item’s hearing.

Administrative Agenda

  • Agenda Changes: The Clerk noted that items A2, A3, and A5 were honorary resolutions not to be presented for a vote. Item A17 was corrected to reflect it is in the 3rd District. Item A23 was added to the agenda. A minor correction was made to the description of Item A13 regarding Caltrans grants.
  • Items A2 and A3 (Honorary Resolutions): Supervisor Carbajal recused himself due to a conflict of interest involving his spouse’s employer. A motion was made by Supervisor Wolfe and seconded by Supervisor Gray to approve these items. The motion passed.
  • Item A1 (Resolution of Commendation): The Board presented a resolution commending the Child Support Enforcement Team as the Employee of the Month for October 2012. The resolution was adopted.
  • Item A4 (Resolution Proclaiming National Arts and Humanities Month): The Board presented a resolution declaring October 2012 as National Arts and Humanities Month and October 5, 2012, as California Arts Day. The resolution was adopted.
  • Items A20 and A21 (Appointments): The Board considered appointments to the Advisory Board on Alcohol and Drug Problems. Steve Hernandez and Elizabeth Ann Hawley were appointed.
  • Item A23 (Lompoc Veterans Memorial Building Improvements): The Board considered a request to authorize general improvements to the Lompoc Veterans Memorial Building, estimated at $30,000, funded by the Lompoc Vets Memorial Building Foundation and the Lompoc Home Depot. Supervisor Gray noted that the actual value of the volunteer labor and materials provided by Home Depot was significantly higher than the estimated cost.
  • Balance of Administrative Agenda: A motion was made by Supervisor Carbajal and seconded by Supervisor Wolfe to approve the balance of the administrative agenda. The motion passed.

Departmental Agenda

  • Item 1 (Appeal of Abandoned Vehicle Violations): Public Works reported that the subject property owner had demonstrated that two of the three vehicles were operable and had been moved, leaving only one inoperable vehicle that was no longer visible from the public right-of-way. Public Works stated the issue was in substantial compliance and recommended withdrawing the item. A public speaker raised allegations of criminal conduct regarding the handling of the case. A motion was made by Supervisor Carbajal and seconded by Supervisor Wolfe to accept the department’s recommendation to withdraw the item. The motion passed.
  • Item 2 (Comprehensive Annual Financial Report - CAFR): The Auditor-Controller presented the CAFR for the fiscal year ending June 30, 2012. The presentation covered the unqualified audit opinion, changes in fund balance categories under GASB 54, financial highlights indicating growth in sales and transient occupancy taxes, and upcoming accounting standards (GASB 67 and 68) regarding pension reporting.
  • Discussion: Board members inquired about the retained deficit in the workers' compensation internal service fund. The CEO’s office stated that the Budget Director is investigating the issue and proposals to address the deficit are expected in the coming month. Board members also asked about the strategic reserve balance, which was clarified to be approximately $22 million as of June 30, 2012, with an additional ~$7.5 million rolling over from the general fund residual balance, bringing the current total to approximately $30 million. Questions were raised regarding property transfer tax trends as a leading indicator for secured property taxes.
  • Public Comment: A speaker raised concerns about credit rating agencies adopting lower assumed investment return rates for public pensions, which would increase the apparent funding gap. The Auditor-Controller noted that while rating agencies may use different assumptions, the CAFR follows Governmental Accounting Standards Board (GASB) promulgations.
  • Decision: A motion was made by Supervisor Wolfe and seconded by Supervisor Carbajal to receive and file the report. The motion passed.
  • Item 3 (AB 900 Phase 2 Conditional Award / Northern Branch Jail Project): The Sheriff presented a hearing to consider recommendations regarding the acceptance of an $80 million AB 900 Phase 2 Conditional Award and to proceed with the Northern Branch Jail Project.
  • Presentation: The Sheriff outlined the history of jail overcrowding, the impact of AB 109 (criminal justice realignment) which increased the number of inmates housed in county jails, and the current operating capacity (130% of design capacity). The presentation detailed the acquisition of the site at Black and Bedarabia Roads, the completion of CEQA and due diligence, and the state’s award of an additional $20 million to bring the total state funding to $80 million. The Sheriff explained the project milestones, including the need to submit schematic design by November 2013 and open the facility by Spring 2018.
  • Financial and Operational Details: The Sheriff presented the financial and operational details of the proposed project. Key points included:
  • Agreements: The project involves a Project Delivery and Construction Agreement and a Board of State and Community Corrections (BSCC) construction agreement. A 50-year ground lease is an attachment to the primary agreement, covering the jail footprint and utility easements.
  • Capital Costs: The total project estimate is $96.1 million. Eligible costs for state reimbursement are $91.4 million, with a maximum state award of $80 million. Ineligible costs are $4.7 million, primarily related to land acquisition outside the jail footprint and transition team costs. The county’s remaining funding obligation is estimated at $9.7 million.
  • Funding Sources: The Sheriff recommended an "all-cash" option for the state match to save approximately $6 million in interest over the life of the project compared to issuing Certificates of Participation (COPs). Proposed sources include $3 million from the Jail Operations Account, $600,000 from Proposition 172 funds, and approximately $5.5 million from the strategic reserve. The CEO noted that while COPs are not recommended for immediate use due to bond counsel advice regarding tax-free status and spending timelines, the option remains available for future consideration with state concurrence.
  • Operational Costs: Estimated annual operational costs for the new 376-bed facility are $16.6 million (2018-19 dollars), assuming the closure and repurposing of the Medium Security Facility (MSF). This represents a $3.8 million reduction compared to operating both facilities. The Sheriff noted that pension costs are expected to decrease due to AB 340, though specific figures are pending actuarial studies.
  • Staffing and Capacity: The new facility will have 376 rated beds. The MSF currently has 285 physical beds but only 161 rated beds. The net increase in rated beds is 187. Staffing will require 118 full-time employees, with 23 transferred from existing operations and 95 new hires.
  • Jail Operations Account: A 12-year plan was presented to fund ongoing operations by incrementally carving out general fund growth into a designation fund. This "laddered" approach builds a reserve to be drawn down upon the jail's opening, eventually transitioning fully to general fund contributions by fiscal year 2022-2023. The CFO confirmed that approximately 25% of anticipated general fund growth would be committed to this fund in the near term.
  • Economic Impact: The Sheriff cited an economic forecast indicating 378–407 jobs during construction and 189 ongoing jobs.
  • Discussion: The Sheriff provided statistics on crime increases in the Sheriff’s jurisdiction following the implementation of AB 109. The Chair asked about the scope of the ground lease with the state, specifically whether it would restrict the County’s ability to use the remainder of the site for other purposes. The Sheriff indicated the ground lease would likely apply to the jail footprint and curtilage, and deferred to County Counsel for specific details.
  • Public Comment: Eight members of the public spoke in support of the project, including representatives from the District Attorney’s Office, Probation, the Sheriff’s Benevolent Posse, and local police chiefs. Comments emphasized public safety, the need for adequate facility space, and the economic benefits. Some speakers urged the board to consider alternative revenue sources, such as natural resource development or tax initiatives, to offset operational costs.
  • Motion and Vote: Supervisor Wolf moved to accept the staff recommendations A through G with no changes. The motion was seconded by Supervisor Gray. The Board voted to approve the motion. The item passed.

Adjournment

  • The meeting was adjourned until the following week (the 9th) in Santa Barbara. Prior to adjourning, a moment of recognition was held for John Barlogio and Nina Smith.