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BOARD OF SUPERVISORS

BOARD OF SUPERVISORSNovember 6, 2012

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BodyBoard of Supervisors
MeetingRegular Meeting
Date📅 November 6, 2012

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Meeting Summary

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At a glance

Resolution of Commendation: Employees of the Month

  • The Board honored Bea Marroquin and Tara Braun of the Department of Social Services as November 2012 Employees of the Month.
  • The resolution cited their support for colleagues, ability to connect with clients, and adherence to departmental values.
  • Both honorees addressed the Board during the presentation.

Resolution: Proclaiming Santa Barbara County as a Purple Heart County

  • A resolution was presented to honor men and women wounded or killed in combat by designating the county as a Purple Heart County.
  • Michael Cook, Commander of the local Purple Heart chapter, addressed the Board regarding the organization’s mission.
  • The Board adopted the resolution.

Administrative Agenda Item A11: District Attorney Truancy Program Report

  • The Board received a report on the truancy program, which was renamed "CLASS" (Community Leadership in Achieving Student Success) to avoid negative connotations.
  • District Attorney Joyce Dudley reported that six of eight county regions are fully operational through the first four intervention steps.
  • The Board expressed support for the program’s collaborative approach with school districts and county departments.

Departmental Agenda Items 1 and 2: Continuation

  • Item 1 involved a hearing to accept the Fiscal Year 2013-15 Financial Outlook Report from the County Executive Office.
  • Item 2 involved an appeal regarding the Verizon Wireless facility at the Montecito switch station.
  • The Board voted to continue both items to the November 13, 2012 meeting.

Departmental Agenda Item 3: Public Safety Realignment Operational Impacts Report

  • The Probation Department reported 364 Post-Release Community Supervision offenders under supervision and detailed financial expenditures of $1.1 million in the first quarter.
  • The Sheriff’s Office reported a 19% increase in average daily jail population and noted that 954 AB 109 inmates were housed in the first year.
  • The Board requested a future report analyzing five-year trends in incarceration, bookings, and probationer numbers, including data on homelessness and mental health fund utilization.
  • The Board received and filed the item after hearing updates on staffing, alternative sentencing, and bed day calculations.

Agenda Item 4: Santa Barbara County Employees Retirement System (SBCERS) Funding Status and Pension Reform

  • SBCERS reported the fund was approximately 72% funded with an unfunded liability of $741 million as of 2011.
  • The employer contribution rate is projected to increase by approximately 2% to 38.3% for the next fiscal year due to amortization of previous losses.
  • The Board discussed the impact of the Pension Reform Act, noting that savings will primarily apply to new hires on or after January 1, 2013.
  • The Board received and filed the item after reviewing investment performance, actuarial timelines, and benefit structures.

Closed Session

  • The Board recessed to closed session to confer with legal counsel regarding existing and anticipated litigation.
  • The session included discussions on public employee appointments for interim directors of ADMHS, General Services, and the Department of Social Services.

Full summary

Opening and Ceremonies

  • The Board of Supervisors convened for a regular meeting on November 6, 2012. The schedule included a Presentation of Colors by the Vandenberg Air Force Base Honor Guard in honor of Veterans Day, followed by the Pledge of Allegiance.

Approval of Minutes

  • October 16, 2012 Minutes: A motion to approve was made and seconded. The motion carried.
  • October 30, 2012 Special Meeting Minutes: A motion to approve was made and seconded. The motion carried.

Administrative Agenda Items A1 and A2

  • A motion to approve items A1 and A2 was made and seconded. The motion carried.

Resolution of Commendation: Employees of the Month

  • The Board presented a Resolution of Commendation honoring Bea Marroquin and Tara Braun of the Department of Social Services as the November 2012 Employees of the Month. The resolution cited their support for co-workers and supervisors, their ability to connect with those they serve, and their adherence to departmental values. Both honorees addressed the Board.

Resolution: Proclaiming Santa Barbara County as a Purple Heart County

  • A resolution was presented to proclaim Santa Barbara County as a Purple Heart County, honoring men and women who were wounded or killed in combat. Michael Cook, Commander of the Sergeant Michael Cook de Raymundo Chapter 750 Military Order of the Purple Heart, addressed the Board regarding the organization’s mission. The resolution was adopted.

Public Comment

  • Three members of the public addressed the Board: 1. Jose Navarrete: Invited county staff and bilingual professionals to attend a free bilingual interpretation workshop scheduled for November 10 at Casa de la Raza. 2. Jeff Bard: Discussed non-governmental organizations focused on public health prevention, specifically "Teach Everywhere About Community Health" and "Teach Cough Hygiene Everywhere," which aim to educate individuals experiencing homelessness and those in shelters or incarceration on disease prevention. 3. John Thorndike: Raised concerns regarding the towing of his vehicle from a church parking lot, subsequent towing and storage charges, and a DMV license hold related to unpaid fees. He alleged issues with the title transfer process involving a deceased co-owner.

Administrative Agenda Item A11: District Attorney Truancy Program Report

  • The Board received and filed a report on the District Attorney’s truancy program, including signed Memoranda of Understanding (MOUs) with school districts and county departments. District Attorney Joyce Dudley explained that the program was renamed "CLASS" (Community Leadership in Achieving Student Success) to avoid negative connotations associated with the term "truancy." Dudley reported that six of the county’s eight regions are fully operational through the first four steps of intervention, with Lompoc Unified School District fully operational. The Board expressed support for the program’s collaborative approach.

Approval of Balance of Administrative Agenda

  • A motion to approve the balance of the administrative agenda was made and seconded. The motion carried.

Departmental Agenda Items 1 and 2: Continuation

  • Item 1 (County Executive Office): Hearing to accept the Fiscal Year 2013-15 Financial Outlook Report.
  • Item 2 (Planning and Development): Appeal regarding the Verizon Wireless facility at the Montecito switch station.
  • A motion to continue both items to the November 13, 2012 meeting was made and seconded. The motion carried.

Departmental Agenda Item 3: Public Safety Realignment Operational Impacts Report

  • The Board heard reports from the Probation Department and Sheriff’s Office regarding the first quarter of Public Safety Realignment (AB 109), implemented in October 2011.
  • Probation Update:
  • As of October 1, 364 Post-Release Community Supervision (PRCS) offenders were under supervision.
  • There were 221 "flash incarceration" bookings for minor technical violations and 21 revocations resulting in recommendations for over 10 days in jail.
  • 62 Post-Sentence Supervision (NX3) offenders were under supervision. 219 NX3 offenders had been sentenced to local custody time since implementation.
  • Split sentences accounted for 28% of NX3 cases locally, compared to a 24% state average.
  • Financially, $1.1 million (11.3% of the fiscal year budget) was expended in the first quarter.
  • The County Community Corrections Plan (CCP) allocated funds for research, including an evaluation with UCSB expected in early spring.
  • Sheriff’s Office Update:
  • Staffing: 27 custody deputies were hired in calendar year 2012. There are currently nine custody deputy vacancies. Twelve deputy sheriffs were transferred from law enforcement to jail operations in August 2012. Compliance teams are expected to be operational by December 10, 2012.
  • Incarceration Trends: 954 AB 109 inmates were housed in the jail in the first year. A snapshot on August 1 showed 155 AB 109 inmates in jail and 22 on GPS. The average daily jail population increased by 19% from October 2011 to October 2012.
  • Alternative Sentencing: The Sheriff’s Work Alternative Program (SWAT) enrollment decreased by 30%.
  • GPS and Bail: No inmates have been released on GPS in lieu of bail. Staff explained that current candidates held on bail have serious charges that do not meet safety criteria for release.
  • Bed Days: AB 109 jail bed days have leveled off. A computer system revision scheduled for January 2013 will allow for more accurate electronic calculation of bed days.
  • Discussion:
  • Sheriff Jeff Bard presented an update on criminal justice realignment efforts, citing Dr. Joan Petersilia’s framework for reducing recidivism. He highlighted the development of a combined compliance response team project between the Sheriff’s Office and Probation Department.
  • The Board inquired about AB 1009 funding for capital improvements. The Sheriff’s Office confirmed that the county’s existing AB 900 Phase 2 grant does not preclude applying for AB 1009 funds, which allow for refurbishing existing facilities and adding program space.
  • The Board asked for clarification on the use of the Santa Barbara Juvenile Hall site for adult reentry services. The Probation Department confirmed that the site serves as a reentry and reporting resource center for adult felony offenders.
  • The Board requested a future report from the CEO and public safety agencies analyzing five-year trends in incarceration, bookings, and probationer numbers. The Chair added a request to track trends regarding the population dropping into homelessness and the utilization of mental health and housing funds.
  • Public comment was provided by Andy Caldwell of COLAB. He requested data on crimes committed by individuals released on their own recognizance under AB 109, recidivism rates, and the potential impact if Proposition 30 fails. He urged the board to post full departmental reports online days in advance of hearings.

Motion and Vote

  • A motion to receive and file the item was made and seconded. The motion passed.

Agenda Item 4: Santa Barbara County Employees Retirement System (SBCERS) Funding Status and Pension Reform

  • Mr. Emilio (SBCERS) presented the funding status of the plan and the impact of the recent Pension Reform Act. He explained that the fund was approximately 72% funded as of the last audited financial statements. He detailed the inflows and outflows and noted that the fund’s investment performance had exceeded benchmarks over the past three and five years.
  • Discussion:
  • The Board questioned how the fund could be reported as beating benchmarks after significant value declines in 2008 and 2009. Mr. Emilio clarified that the value has since recovered, with the fund currently holding its highest value to date. He stated the unfunded liability was $741 million as of 2011.
  • The Board asked for clarification on the unfunded liability. Mr. Emilio explained that payouts are projected over 40–60 years.
  • The Board asked how the county’s rate compares to other 37-act counties. Mr. Emilio stated the county is in the middle range, with a stated return assumption of 7.75%.
  • The Board expressed concern about the gap between the 7.75% assumed return and the 3–4% range typical of private plans. Mr. Emilio stated that the retirement board will make decisions based on actuarial studies.
  • The Board asked for timelines on upcoming actuarial studies. Mr. Emilio indicated that the next major actuarial report is expected in June 2013.
  • Mr. Emilio presented projections showing that the employer contribution rate will increase by approximately 2% to 38.3% for the next fiscal year due to the amortization of 2008–2009 losses. He explained the impact of the Pension Reform Act (PEPRA), noting that savings will primarily come from new hires on or after January 1, 2013.
  • The Board asked about the average monthly benefit for retirees. Mr. Emilio stated the average is $2,817 per month.
  • The Board questioned the provision allowing pension forfeiture for felony convictions related to work. The Clerk of the Board clarified that this likely applies to fraud related to the pension or employment.
  • Mr. Emilio explained that for new hires, the pension formula will change to a minimum three-year final average salary. He noted that caps on pensionable income have been introduced.
  • The Board asked for short-term and long-term strategies to eliminate the $741 million unfunded liability. Mr. Emilio advised patience, noting that the fund is sustainable and that the board should rely on professional actuaries and investment consultants.
  • Public comment was provided by Andy Caldwell of COLAB. He argued that public pension plans are unsustainable, citing the doubling of employee contribution rates from 20% to nearly 40% since 2005. He suggested that the board should consider reducing salaries and benefits to control costs.

Motion and Vote

  • A motion to receive and file the item was made and seconded. The motion passed.

Adjournment Remarks and Recognitions

  • The Board recognized Chuck Richard King, a cattle rancher and member of Los Rancheros Vistadores, who recently passed away at age 74; and Marge Purcell Funk, a former county employee who worked for 23 years.

Fire Department Update

  • A board member noted that the fire department is responding to a two-acre fire in the foothills above Montecito and Cold Springs Road. A helicopter was en route, and the member advised the public that smoke may be visible.

Veterans Day Acknowledgment

  • The Chair acknowledged Veterans Day, noting that the meeting had previously opened with honors for veterans.

Closed Session Agenda

  • The Clerk of the Board read the closed session agenda, which included:
  • Conference with legal counsel regarding existing litigation: State of Flood v. County of Santa Barbara, Martinez v. County of Santa Barbara, and Bull v. County of Santa Barbara.
  • Conference with legal counsel regarding anticipated litigation involving one potential case.
  • Public employee appointments for interim directors of the Department of Mental Health and Substance Abuse Services (ADMHS), General Services, and the Department of Social Services.

Recess to Closed Session

  • The Chair directed the board to recess to closed session.

Public Comment

  • A member of the public reminded attendees to vote. The Chair thanked the speaker.