Board of Supervisors — 2014-08-19

Resolutions A1 and A2

• Resolutions A1 and A2 were approved unanimously.
• Resolution A1 regarding the Fire Department was noted for a missing presenter, with the board agreeing to reschedule or receive information via the Fire Chief.
• Resolution A2 commended two employees of the Agricultural Commissioner’s Weights and Measures Office as Employees of the Month for August 2014.

Administrative Agenda Adjustments

• Several supervisors requested to pull specific items (A10, A11, A12, A15, A18, and A29) for further discussion.
• Item A3 was requested to be continued to the next meeting in Santa Maria.
• The balance of the administrative agenda was approved unanimously.

Item A6 (Child Support Services)

• A representative presented on Child Support Awareness Month, highlighting services for 13,000 families and recent website updates.
• The item was received and filed.

Item A10 (Contract with Attorney Constance Horning)

• A representative from the Gaviota Coast Conservancy requested a deferral, arguing the contract was premature and could prejudice the Environmental Impact Report process.
• The County Attorney explained the contract was for preparatory legal work and did not commit the County to building the project.
• The item was pulled by Supervisor Adam for further discussion.

Items A11 and A12 (Homeland Security and Emergency Management Grants)

• Supervisor Farr questioned the fund allocation process and requested a report on how funds are spent and any corollary expenses.
• Clarifications were provided regarding the acquisition of grenade launchers for less-lethal munitions and the status of a Bearcat vehicle.
• The items were pulled by Supervisor Farr for further discussion and information.

Item A15 (Departmental Position Allocations)

• The CEO’s office explained that position changes in Public Health were made administratively to meet departmental needs.
• Supervisor Wolfe expressed concern about the nomenclature but stated she would approve the item based on trust in the process.
• The item was pulled by Supervisor Wolfe.

Item A18 (Fire Department Flame Sniffer Devices)

• Representatives discussed a public-private partnership to install flame sniffer devices on power poles to mitigate wildfire risks.
• The item was pulled by Supervisor Carbajal.

Item A29 (MOU with California Department of Social Services)

• Deputy Director Delfino-Nera explained that the Resource Family Approval Program aims to streamline foster home approvals while maintaining safety standards.
• Supervisor Wolfe requested a future report on foster care trends.
• The item was pulled by Supervisor Wolfe.

Item 1 (Public Health - Dr. Peter Hassler)

• The Interim Deputy Director requested an extension of the waiver of retirement exclusion for Dr. Peter Hassler to assist with transitional work.
• The motion to approve the item passed unanimously.

Item 3 (CEO - SB 580)

• It was noted that SB 580 is no longer active in Sacramento.
• The motion to withdraw Item 3 from the agenda passed unanimously.

Item 2 (CEO - SB 1096)

• Staff presented SB 1096, which would delete the provision allowing the State Lands Commission to lease state-owned tide lands within the California Coastal Sanctuary.
• Public comment was divided, with supporters citing environmental protection and opponents arguing for economic security and existing safeguards.
• The motion to oppose SB 1096 failed with a 2 to 3 vote, meaning the board did not adopt a position opposing the bill.

SB 505 (Firearm Check Prior to Well-Being Check)

• Staff presented SB 505, which encourages law enforcement to check the DOJ firearms database before conducting welfare checks.
• Supervisors discussed the balance between safety protocols and officer discretion, with some preferring a local policy approach.
• The motion to support SB 505 as amended passed with a 3 to 2 vote.

Fiscal Year 12-13 and 13-14 Report on County Vendor Payments Greater Than $100,000

• The County Internal Audit Manager presented reports on vendor payments, highlighting that 53 vendors accounted for $133 million of the 13-14 total.
• Staff outlined improvements to the service contracting process, including new policies, training, and internal audit monitoring.
• The motion to receive and file the report passed unanimously.

June 30, 2014 Financial Status Report

• The Auditor/Controller presented the year-end financial status, noting a net increase in fund balance of $11 million and a General Fund balance of $92.8 million.
• Key highlights included a $43 million capital grant for the Santa Maria levy and a strategic reserve of $27.6 million.
• Supervisors discussed long-term financial challenges, including maintenance needs and the importance of maintaining the Strategic Reserve at its target level.
• The motion to receive and file the financial report passed unanimously.

Crown Castle Distributed Antenna System Appeal (Montecito Coastal and Inland)

• Staff recommended upholding the appeal and approving the projects with revised conditions, including the elimination of pole-mounted battery backup units.
• Residents expressed concerns about aesthetics and requested coordination with a planned undergrounding project on Bella Vista Drive.
• The motion to uphold the appeal for both projects passed unanimously.

Closed Session

• The board entered closed session to discuss two items of existing litigation and to confer with labor negotiators representing five unions.
• Upon reconvening, the Clerk reported no reportable action from the litigation or labor negotiation sessions.

Meeting Start and Minutes

• Roll Call: The Chair called the roll, and all supervisors were present.
• Pledge of Allegiance: The board recited the Pledge of Allegiance.
• Minutes of July 8, 2014: A motion was made and seconded to approve the minutes. The motion passed unanimously.
• Minutes of July 29, 2014 Special Meeting: A motion was made and seconded to approve the minutes. The motion passed unanimously.

Public Comment

• Guadalupe Financial Status: A speaker requested a grand jury investigation into financial issues in the City of Guadalupe and requested a County contingency plan in case local initiatives fail in November.
• Housing and Substance Abuse Policies: A speaker expressed concern regarding the "housing first, behaviors later" approach to substance abuse, citing property damage and lack of accountability. A DVD titled "Life and Death in Assisted Living" was submitted to the County Health Department.
• Housing Wait Times: A speaker highlighted disparities in housing wait times, noting that individuals with substance abuse issues are fast-tracked while senior citizens with disabilities face wait times of 7 to 15 years.
• Homelessness and Public Health: A speaker identified as a long-term homeless individual discussed public health concerns regarding infection control in warming centers and jails, referencing influenza and tuberculosis outbreaks in other counties and a fatality in Solano County.
• Community Tragedy Response: Supervisor Wolfe addressed the recent tragedy involving the Holzer family. Deputy Director Suzanne Grimacy provided an update on the community response, including the opening of compassion centers at La Colina Junior High School and Foothill Elementary School, the provision of counseling services, and the availability of the Alcohol, Drug, and Mental Health Services access line.

Resolutions

• Resolutions A1 and A2: A motion was made and seconded to approve Resolutions A1 and A2. The motion passed unanimously.
• Supervisor Farr noted the presenter for the Fire Department item (A1) was absent; the board agreed to reschedule or provide information via the Fire Chief if the presenter did not arrive.
• Resolution A2 was a commendation for Roderick Scott Perkins and Matthew Victoria of the Agricultural Commissioner’s Weights and Measures Office as Employees of the Month for August 2014. Both employees were present and thanked the board.

Administrative Agenda Adjustments

• Supervisor Farr requested to pull items A11 and A12.
• Supervisor Carbajal requested to pull item A18.
• Supervisor Wolfe requested to pull items A15 and A29.
• Supervisor Adam requested to pull item A10.
• A request was noted to continue item A3 to the next meeting in Santa Maria.

Item A6 (Child Support Services)

• Discussion: A representative from Child Support Services presented on Child Support Awareness Month, highlighting services for 13,000 families, website updates, and outreach efforts.
• Action: The item was received and filed.

Item A10 (Contract with Attorney Constance Horning)

• Discussion: A representative from the Gaviota Coast Conservancy requested a deferral of action, arguing the contract for the Resource Recovery Anaerobic Digestion Project was premature and could prejudice the Environmental Impact Report (EIR) process. The County Attorney explained that the contract was for preparatory legal work and did not commit the County to building the project, citing Save Tara and Cedar Fair cases regarding CEQA timing.
• Action: The item was pulled by Supervisor Adam for further discussion. No final vote outcome was recorded in this segment.

Items A11 and A12 (Homeland Security and Emergency Management Grants)

• Discussion: Supervisor Farr questioned the process for the Homeland Security Grant Program, noting that the Board does not make final decisions on fund allocation, which is done by a five-member approval authority. Supervisor Farr requested that the Board be informed of how funds are spent and any corollary expenses. Staff agreed to provide a report on allocations. Supervisor Carbajal asked for clarification on the acquisition of grenade launchers, which the Sheriff’s Office confirmed were used for less-lethal munitions. Supervisor Farr asked about the acquisition of a Bearcat vehicle, which the Sheriff’s Office denied, stating they have a "Bear" vehicle acquired through a different grant.
• Action: The items were pulled by Supervisor Farr for further discussion/information. No final vote outcome was recorded in this segment.

Item A15 (Departmental Position Allocations)

• Discussion: Supervisor Wolfe asked for clarification on position changes, specifically the elimination of program administrators in Public Health. The CEO’s office explained that these changes were made administratively to meet departmental needs and were being brought to the Board for annual approval. Supervisor Wolfe expressed concern about the nomenclature but stated she would approve the item based on trust in the process.
• Action: The item was pulled by Supervisor Wolfe. No final vote outcome was recorded in this segment.

Item A18 (Fire Department Flame Sniffer Devices)

• Discussion: A representative from the Mission Canyon Association spoke in favor of the pilot project to install flame sniffer devices on power poles. Chief Dyer, a representative from Southern California Edison, and a representative from Flame Sniffer discussed the public-private partnership and the technology.
• Action: The item was pulled by Supervisor Carbajal. No final vote outcome was recorded in this segment.

Item A29 (MOU with California Department of Social Services)

• Discussion: Supervisor Wolfe asked for assurances regarding the Resource Family Approval Program. Deputy Director Delfino-Nera explained that the program aims to streamline the approval process for foster homes, making it more family-centered while maintaining safety standards. Supervisor Wolfe requested a future report on foster care trends. Supervisors Farr and Carbajal congratulated Delfino-Nera on his upcoming move to Fresno County.
• Action: The item was pulled by Supervisor Wolfe. No final vote outcome was recorded in this segment.

Balance of Administrative Agenda

• Action: A motion was made and seconded to approve the balance of the administrative agenda. The motion passed unanimously.

Departmental Items

Item 1 (Public Health - Dr. Peter Hassler)

• Discussion: The Interim Deputy Director for Primary Care requested an extension of the waiver of retirement exclusion for Dr. Peter Hassler to assist with transitional work and upcoming deadlines.
• Action: A motion was made and seconded to approve the item. The motion passed unanimously.

Item 3 (CEO - SB 580)

• Discussion: It was noted that SB 580 is no longer active in Sacramento.
• Action: A motion was made and seconded to withdraw Item 3 from the agenda. The motion passed unanimously.

Item 2 (CEO - SB 1096)

• Discussion: Staff presented SB 1096, which would delete the provision allowing the State Lands Commission to enter into leases for state-owned tide lands and submerged lands within the California Coastal Sanctuary, specifically affecting the Tranquion Ridge field. A representative from Senator Jackson’s office urged the Board to support the bill, citing environmental protection and the 1969 oil spill. The Chair asked the representative if Senator Jackson had previously supported drilling in the area.
• Public Comment: Ten speakers addressed the board regarding SB 1096.
• Supporters: Joe Armendarz (Santa Barbara County Taxpayers Association) argued for domestic oil production to ensure energy and economic security, citing potential revenue from the Vandenberg project, and urged the board to take no position. Andy Caldwell (Colab) stated that the oil belongs to the people of California and that the bill closes a provision allowing the state to lease property drained from federal lands, arguing that onshore slant drilling is safer than offshore drilling. Lee Moldaver (Planning Association) referenced presentations on the difference between uncertainty and risk, citing past oil spills, and stated the association supports the bill to reduce risk for residents. Linda Kropp (Environmental Defense Center) urged support for the bill, stating it provides protections consistent with the county’s opposition to new federal offshore leasing, and noted that the previous Tranquion Ridge project included end dates and facility removals, whereas the current proposal would double impacts by adding onshore drilling without removing existing platforms. A representative for the Santa Barbara Hotel Group read a letter from Jeanette Weber supporting the bill, citing the importance of tourism and the potential devastation of an oil spill, referencing the Exxon Valdez disaster. Dr. Lee Heller (represented by Linda Kropp) urged support for the bill.
• Opponents/No Position: Bob Nunn argued that the language in question was established in 1994 with EDC involvement and is not a "loophole," stating that EDC and Senator Jackson previously supported utilizing this provision, and argued that removing state discretion does nothing for the county and that his project at Vandenberg is a multi-year process subject to multiple agency approvals. Greg Safane (Coastal Energy Alliance) asked the board to take no position, arguing that existing safeguards are sufficient and that an outright ban closes the door on future revenues and new technologies. Tobe Plow (Sunset Exploration) discussed California’s reliance on imported oil and gas, citing Germany’s shift to coal as an example of unintended consequences of abandoning fossil fuels, and urged the board to keep options open. Mark Schneep (California Economic Forecasts) presented economic data for the Tranquion Ridge project, estimating 113 million barrels of recoverable oil, $3 billion in capital costs, and significant property tax and royalty revenues for the county and state over a 24-year production life. Sandra Burkhardt (Western States Petroleum Association) opposed the bill, arguing it is extreme over-regulation, and stated that the oil and gas industry is a vital economic driver and that existing multi-agency approval processes provide sufficient oversight. Tim Bennett (Hancock College Board of Trustees) urged the board to take no position to keep options open, noting that the board could vote down specific projects later if they arise.
• Board Discussion: Supervisor Adams moved to oppose SB 1096. Supervisor Lavinino seconded the motion, citing the economic benefits to the county and schools, and the need for revenue to maintain infrastructure and beauty. Supervisor Carbajal stated she would support a position in favor of the legislation, citing consistent goals regarding offshore oil exploration and marine protected areas. Supervisor Wolf stated she could not support the motion to oppose, noting the unique circumstances of the previous Tranquion Ridge project (end dates, facility removal, land gifts) that are not present in the current proposal, and emphasized the designation of the area as a marine protected area.
• Vote: The motion to oppose SB 1096 failed. The board voted 2 to 3 against the motion.
• Decision: The board did not adopt a position opposing SB 1096. The Chair noted that the letter to the legislature should reflect that the vote was not unanimous and that there was opposition to the motion to oppose.

SB 505 (Firearm Check Prior to Well-Being Check)

• Discussion: Staff presented SB 505, which requires law enforcement agencies to develop written policies and protocols for conducting welfare checks when there is concern for safety. The bill encourages officers to check the Department of Justice automated firearms database before conducting the check, provided it is reasonable and not unduly burdensome. Staff noted that current law allows officers to access this database at their discretion, but not all departments have a formal policy in place. The Sheriff’s Department and District Attorney indicated they are more comfortable with the amended language but wish to monitor the legislation further.
• Supervisor Adams expressed concern that mandating a policy could lead to lawsuits if officers are perceived to have deviated from the protocol, potentially limiting discretion.
• Supervisor Carbajal referenced the Isla Vista tragedy and supported developing protocols and training to improve safety in rare instances.
• Supervisor Wolf stated she preferred the original version of the bill but supported the amended version as a step in the right direction. She urged the Sheriff to come to the board with a policy if the bill does not pass.
• Supervisor Lavinino expressed concern that the "guts" were taken out of the bill and preferred a "watch position" while encouraging the Sheriff to implement a local policy.
• Motion: Supervisor Wolf moved to support SB 505 as amended.
• Vote: The motion to support SB 505 passed. The board voted 3 to 2 in favor of the motion.

Fiscal Year 12-13 and 13-14 Report on County Vendor Payments Greater Than $100,000

• Discussion: Heather Fletcher, County Internal Audit Manager, presented reports on county vendors paid more than $100,000 during fiscal years 12-13 and 13-14. Total payments were approximately $210 million and $200 million, respectively. The presentation highlighted that 53 vendors accounted for $133 million of the 13-14 total, with four vendors comprising $38 million for workers' compensation, in-home supportive services, and court payments. The top purchasing departments were Public Works and Alcohol, Drug, and Mental Health Services.
• Staff outlined improvements to the service contracting process, including:
• Issuance of a service grant and grant compliance policy effective July 1, 2013.
• Implementation of live and video training on risk assessment and contract monitoring.
• Updates to standard terms and conditions to limit county exposure.
• Requirement to report contract noncompliance to the CEO, Auditor/Controller, County Counsel, and the Board.
• Initiation of internal audit monitoring of departments and contracts.
• Staff identified inconsistencies in departmental understanding of the contract process, services provided without executed contracts, and system weaknesses. Measures are being taken to correct these issues, including clarifying procedures and better evaluation of contractor financial health.
• Supervisor Wolf asked if departments are required to take the available training courses. Staff indicated that while not currently required, they are monitoring access and will identify departments needing more training. CEO Miyasato stated that the CEO’s office will encourage departments to take the training and noted that clearer policies may result in more contracts coming to the Board for approval.
• Motion: Supervisor Adams moved to receive and file the report.
• Vote: The motion passed unanimously.

June 30, 2014 Financial Status Report

• Discussion: Bob Geis, Auditor/Controller, and Julie Hagan, Chief Deputy Controller, presented the year-end financial status report for the fiscal year ending June 30, 2014.
• Key Themes:
• Economic Recovery: The Great Recession is considered past, with the county lagging slightly in recovery. The economy is showing moderate sustained growth.
• Revenue Growth: All revenue accounts are performing well, with continued improvement in property tax, sales tax, and TOT.
• Challenges: Unemployment remains high in North County. The county faces ongoing funding needs for fire shifts, North County jail operations, maintenance plans, pensions/OPEB, and ongoing operations.
• Financial Highlights:
• Technical Changes: Three new major revenue funds (Fire, Affordable Housing, Capital Projects) were added to the financial statements. Unassigned fund balances in special revenue funds were closed out into committed or restricted balances.
• Major Transactions:
• $43 million capital grant for the Santa Maria levy (recorded as revenue and capital asset).
• $40 million in affordable housing loans recorded as assets.
• $7 million transfer of three properties from the redevelopment agency.
• Governmental Funds:
• Revenues increased by $76 million (including the $43 million levy).
• Expenditures increased by $72 million (including the $43 million levy).
• Net increase in fund balance was $11 million.
• Salaries and benefits were the largest cost driver, increasing by $23 million due to regular salaries, retirement costs, overtime, health insurance, and workers' comp.
• General Fund:
• Revenues exceeded expenditures by $5 million.
• Total fund balance is $92.8 million.
• Unassigned fund balance of $3.4 million was transferred to the strategic reserve.
• Strategic reserve stands at $27.6 million as of July 1, 2014.
• Departmental variances included negative variances for the Sheriff (staffing shortages) and positive variances for Planning/Development and Corporate/Recorder/Assessor (difficulty hiring qualified staff).
• General revenues showed a positive variance of $2.3 million due to unanticipated property tax, TOT, and penalty revenue.
• Additional Discussion: The Auditor/Controller noted a $11 million increase in overall fund balance, a cash position of $77 million, and a continued decline in local unemployment. The report highlighted that the county did not need to issue a tax rate adjustment (TRAN) due to strong cash positions. The Strategic Reserve is near its 8% limit, with $2 million scheduled to be added in the next budget. The Sheriff’s Department drew $1 million from the contingency fund, but the board decided to leave the remaining $1 million in the contingency fund and have the Sheriff’s Department cover the shortage against other revenue accounts. The report also addressed the third year of project management funding for the Northern Branch Jail, noting complex accounting requirements and the need to monitor cash flow and construction documents to begin receiving state reimbursements.
• Supervisor Comments: Supervisors expressed satisfaction with the financial stability and credit rating. Supervisor Adam raised concerns about long-term financial challenges, including road and building maintenance, noting that the report focused on short-term improvements while long-term vulnerabilities remained. Supervisor Carbajal emphasized the importance of maintaining the Strategic Reserve at its target level, noting the county is currently $600,000–$700,000 below the target of $28.3 million. Supervisor Wolf inquired about the North County Jail AB 900 fund, clarifying that the $4 million balance represents the unspent portion of the county’s $8.9 million match, with approximately half already spent.
• Motion: Supervisor Carbajal moved to receive and file the financial report.
• Vote: The motion passed unanimously.

Closed Session

• Discussion: The board entered closed session to discuss two items of existing litigation (County of Santa Barbara v. Arch Insurance Company and Farrell v. County of Santa Barbara) and to confer with labor negotiators representing five unions: Deputy District Attorneys Association, Santa Barbara County Deputy Sheriffs Association, Santa Barbara County Probation Peace Officers Association, Service Employees International Union Local 721, and Union of American Physicians and Dentists.
• Outcome: Upon reconvening, the Clerk reported no reportable action from the litigation or labor negotiation sessions.

Crown Castle Distributed Antenna System Appeal (Montecito Coastal and Inland)

• Case Numbers: 13 CUP 9 (Inland) and 13 CUP 10 / 14 CUP 2 (Coastal).
• Discussion: Staff presented the appeal of the Montecito Planning Commission’s May 21, 2014, denial of the Crown Castle distributed antenna system project. Since the initial hearing, the applicant made 162 design changes, reducing the number of antenna sites from 29 to 27 and power pedestals from 21 to 8. Staff recommended upholding the appeal and approving the projects with revised conditions, including:
• Elimination of pole-mounted battery backup units (BBUs).
• Requirement for graffiti removal within 48 hours of complaint.
• Shrouding of fans for noise mitigation.
• Condition that Crown Castle’s trenching along Bella Vista shall not impede a planned undergrounding project by residents (the Petersons).
• Commitment by Crown Castle to submit an application for an alternative location for the pedestal at Mon 13, moving it at their cost if approved.
• Public Comment: Residents expressed concerns about aesthetics, specifically the visual impact of poles and equipment on Bella Vista Drive. They requested that Crown Castle coordinate with their planned undergrounding project to avoid duplicate trenching and to move specific antenna poles away from residential driveways.
• Applicant Response: Crown Castle representatives stated they were not opposed to the residents’ undergrounding project and would work in good faith to coordinate schedules and costs. They confirmed that battery backup units are not federally mandated but are used for network reliability during power outages.
• Motion: Supervisor Carbajal moved to uphold the appeal for both the Inland and Coastal projects, incorporating the modifications and conditions outlined in the staff report and discussed during the hearing, including the elimination of pole-mounted BBUs and the conditions regarding the Bella Vista undergrounding project and the Mon 13 pedestal relocation.
• Second: Supervisor Adam seconded the motion.
• Vote: The motion passed unanimously.

Adjournment

• Discussion: A board member addressed the board regarding the shooting incident in Eastern Goleta Valley on August 11th, noting the loss of four lives. The speaker expressed condolences to the Holzer family and community members affected by the event.
• Motion: A motion was made to adjourn the meeting in honor of the individuals who lost their lives on August 11st.
• Decision: The Chair accepted the motion and adjourned the meeting.
• Vote Outcome: Passed (by unanimous consent/acceptance by the Chair).