BodyBoard of Supervisors
MeetingRegular Meeting
Date📅 August 26, 2014

UnGovr Transcript

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0:00 – 0:021 turns

UnidentifiedUnidentified speaker 1Proposed0:01 · ≈ 9:00 AM

¶¶ . . ♪ ¶. Okay.

0:02 – 0:1010 turns

CommentGeorge AlvarezProposed · by introduction2:43 · ≈ 9:02 AM

Good morning, I'd like to welcome everybody to this meeting of the Santa Barbara County Board of Supervisors. Mr. Allen, may I get a roll call please?

UnidentifiedUnidentified speaker 2Proposed2:50 · ≈ 9:02 AM

Ms. Farr. Here. Mr Adam. Here. Mr Carvajal. Here Ms. Wolk. Here Mr. Labanino.

Pledge of Allegianceceremonial · click to expand · ≈15s recited, not transcribed
CommentGeorge AlvarezProposed · by introduction2:56 · ≈ 9:02 AM

Here Please join me in the Pledge of Allegiance.

I pledge allegiance to the flag of the United States

CommentGeorge AlvarezProposed · by introduction3:20 · ≈ 9:03 AM

Can I get a motion to approve the minutes of the August 19th, 2014 meeting? Moved and seconded. All those in favor? Aye. Passes unanimously. We move to public comment. Mr. Allen do we have any speaker slips?

UnidentifiedUnidentified speaker 2Proposed3:35 · ≈ 9:03 AM

Chairman Levine, members of the board, we have five requests to speak And we're going to start off here in Santa Maria with Shirley Jansen to be followed by Jenny rainish.

UnidentifiedUnidentified speaker 3Proposed3:52 · ≈ 9:03 AM

Good morning. I'm here to present a petition signed by 1,693 people asking for a change in the law. It's kind of moot because you have already decided to change the law. You have already seen that the law is unfair and out of step with other jurisdictions and the law is already being changed. We will meet on this issue I think early next week so you should see the petitions anyway because there are a lot of comments.

The other thing, two dogs are on death sentence under the old law They would not be sentenced under the new law. It seems like gratuitous cruelty to kill two nice dogs under a law that you have already admitted is flawed and needs to be changed. Even if you did not agree on this issue, I'd like to also present to you the state law California Food and Agricultural Code.

And I'd like to read from it. It says, except for section 17-006 and that concerns dogs who are irredeemably injured, terminally ill or nurselings without their mothers. Except for these dogs, any stray dog that is impounded pursuant to this division shall prior to the euthanasia of that animal be released to a non-profit as defined in Section 501C3 of the Internal Revenue Code.

We made this request and the state law was ignored as it is Our next speaker is Jenny

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UnidentifiedUnidentified speaker 2Proposed6:22 · ≈ 9:06 AM

To be followed by Mary Bianchi.

UnidentifiedUnidentified speaker 4Proposed6:29 · ≈ 9:06 AM

Good morning, I just want to reiterate what Shirley Jansen said and ask that the dangerous dog law be reviewed and that the wording be changed. As it stands now, I think there's no room for any exception and there's a lot of dogs that are fabulous exceptions that deserve to live. Thank you.

UnidentifiedUnidentified speaker 2Proposed6:49 · ≈ 9:06 AM

Mary Bianchi. And then George Alvarez will follow.

PresenterMary BianchiUniversity of California Cooperative Extension for Santa Barbara and San Luis ObProposedself-stated6:59 · ≈ 9:06 AM

Good morning, Mr. Chair and Supervisors. I'm Mary Bianchi, County Director and Horticulture Advisor with the University of California Cooperative Extension for Santa Barbara and San Luis Obispo Counties. And I'm here this morning to thank you for your continued support of our programs and to provide a brief update of our efforts to benefit agriculture youth families and communities here in Santa Barbara County as noted in our latest quarterly report to your board. Our advisors continue to refine predictive methods for determining the water needs of our major agricultural commodities, including vegetables, strawberries and wine grapes. These crops represent more than half of the $1.4 billion production value reported by Commissioner Fischer in her latest crop report.

Ten new research trials were initiated in the quarter in strawberries, vegetables and cane berries to address weed and insect pest management as well as irrigation and nutrient management of these crops. One of our extension meetings held in the quarter, a strawberry meeting was not unique in that we evaluate whether or not the information presented at our meetings is useful And 100% of the 109 attendees at the strawberry meeting reported that they would use the information that they had learned at the meeting.

Additional research trials on variety selections and cultural practices for blackberries, blueberries and coffee continue along with practices for fertilization of organic strawberries. The California Cherimoya Association's annual meeting provided information to Santa Barbara County growers who produce half of the cherimoyas grown in the United States. Dr. Max Moritz continues his efforts as a board member of the Santa Barbara Fire Safe Council to provide training for new volunteers who monitor live fuel moisture in our local communities. And on May 8th, our UC CalFresh nutrition education staff celebrated 100 years of science and service at the University of California working with 34 Santa Maria Bonita School District educators and reached over 1,000 students.

The students participated in county pollinators, talking about water conservation and where our food comes from within their school gardens. Our UC CalFresh program staff continued their work with the Santa Barbara County Food Bank and your Santa Barbara County Public Health Nutrition Program by providing nutrition education. Master Gardeners reached 557 home gardeners answering questions on Asian citrus psyllid, converting lawns to drought tolerant gardens and drought tolerant plantings, volunteering more than 1,000 hours during the quarter.

More than 4,000 youth and adults participated in 4-H youth development programs throughout the county. And last but not least, administratively we continue to work as an active partner in planning and developments, Ag Preserve Review Committee, and providing information to your drought task force. So we appreciate your continued support of our cooperative extension programs in Santa Barbara, and we'll be back in October with our next quarterly report. Thank you.

UnidentifiedUnidentified speaker 2Proposed10:00 · ≈ 9:10 AM

Our next speaker is George Alvarez to be followed by William Wagoner

0:10 – 0:156 turns

CommentGeorge AlvarezProposed10:11 · ≈ 9:10 AM

Good morning Board of Supervisors, staff and the famous couch potatoes in television land listening to our comments here. I come here to educate the general public on the situation in my hometown. I love the little town over there. A lot of good people are buried there. We have colorful history Good and badly bad. When you're a politician, one of the things that you have to come in mind when you take the position supervisor, governor, whatnot, along with the responsibility comes liability.

And as you're well aware of with the city of Bell and some of the other cities that are going bankrupt and having their staff doing shenanigans, it's embarrassing for the general public, and it's embarrassing for the word justice and truth I'm here to give you a little caveat of truth, what happened in Guadalupe. As we're all familiar when it comes to redevelopment monies they are funded for redevelopment. In Guadalupe we have a third story. It's the Lantern Hotel and we have a third story on it.

It was done illegally. There's procedures, steps. You have to go to the Planning Commission, Planning Commission reviews, accepts it, sends it to City Council, City Council reviews it, accepts it and goes on to have that. This particular third floor did not have that. In fact, that particular third floor came back to us in the City of Guadalupe for additional funding of $265,000.

I was there, I'm an Ex-Planning Commissioner and I stood up and said you guys can't do this it didn't go through the proper channels take it out of the agenda find out if it was done We did legally as far as having our engineers find out exactly the compaction, the whole yada-yadas. It was not done. I tried to reason with these people. They voted to give this guy the $265,000 redevelopment.

That's a big no-no on it but along with that Three of the people that approved of this, and this is the funny part of Guadalupe. I find it cynical and humorous. They're going for re-election again to get back in those seats. How ludicrous? Enough's enough. And that's what I wanted to tell you what's going on. I hope we embrace ourselves if we do go and disincorporate. We work together on that. I hope we don't. I hope the regular people have enough common sense to vote the three initiatives in.

The people that were there involved at that time was Councilman Lozaldi, Councilman Erickson-Julian and Councilman Ponce. These people did the wrong thing and I hope the average people in Guadalupe understand that you can't reward stupidity. You can't fix stupid. Have a good day.

CommentGeorge AlvarezProposed · by introduction12:57 · ≈ 9:12 AM

Thank you very much. Just a quick question, Mr. Allen before we go to the next speaker. Mr. Gazzone would this be an appropriate time for some direction to the CEO if I have for future based on the last

CommentWilliam WagonerProposed13:11 · ≈ 9:13 AM

speaker? Under the Brown Act, Chair Lavin, you know that could occur at any time in terms of agendizing a future

CommentGeorge AlvarezProposed · by introduction13:18 · ≈ 9:13 AM

item. All right would I be interested and I don't know about the other board members but this has just been in the news maybe Supervisor Farr might want to lead on this it's in our district but there's been so much news about disincorporation As we've done with Measure P, try to be proactive. There might be something in the works already but I'm having people ask me if the county's doing anything just in case we get to that position. I don't want to get there and then find out we need to start from square one so Supervisor Farr.

UnidentifiedUnidentified speaker 5Proposed13:47 · ≈ 9:13 AM

Thank you, Mr. Chair and thank you for bringing up this important issue and for the public speaker for doing so yes it has been in the news because Guadalupe is in my district of course I and my staff have been following it very closely had a number of conversations with the current mayor and city manager And then did have been in discussions with the CEO's office and with the auditor controller. And then there was a meeting where a mayor and city manager came in to give us some more detailed information immediately prior to these three ballot initiatives being presented to the City Council to put on the ballot, and what that means.

So I do think it would be appropriate for us to ask the CEO if she and Mr. Geis and others could bring something forward as far as an outline of where we are and what that means. As you probably read in the paper, there really hasn't been a disincorporation of a city In the state of California for probably over 40 years, and the city residents can either vote themselves out of cityhood or it would have to be a legislative action.

I know from spending quite a bit of time up in Guadalupe that the people who live there feel very strongly about their city. They really don't want it to go away as a city. I think the question is, can the urgency of the financial issues be communicated broadly enough by this election for people to be able to support those measures that hopefully would at least come close to helping them close the gap? But I think it would be appropriate to at least have some kind of brief report. Thank you Mr.

CommentGeorge AlvarezProposed · by introduction15:28 · ≈ 9:15 AM

Chair. William Wagoner.

0:15 – 0:228 turns

UnidentifiedUnidentified speaker 2Proposed15:33 · ≈ 9:15 AM

Is there a next speaker? Then we're going to go to Santa Barbara for Jeff Bard.

CommentWilliam WagnerProposedself-stated15:38 · ≈ 9:15 AM

Good morning, Supervisors. I'm William Wagner. I was here two years ago when Peter Adams wasn't on the board yet and I came with a big bag of letters from people around the world that were asking you to do justice where the justice system itself has failed. My point is I'm here to ask you specifically to appoint a special prosecutor to review the sworn affidavit I gave you two years ago and handed to the clerk when I was done, stating in fact that Mad Dog, as he's called affectionately before he retired, Thomas Snedden Gordon Auchincloss, Ron Zonen and Meg Nicola be indicted for fabricating evidence and committing three felonies in the trial that concluded on June 13th five years ago.

Nine years ago. against Michael Jackson, a completely innocent black and very talented man who resided in this county at a place known as the Sycamore Ranch or Neverland Ranch. These four prosecutors committed felonies in fabricating evidence and it was exposed By Thomas Snedden and Susan Yu, the defenders in court and the all-white jury acquitted this very black and talented man. A very charitable and innocent man of all 10 felonies and the later included misdemeanors.

How could that happen? And not anybody know that the prosecutors committed felonies. I have zero confidence in the Santa Barbara District Attorney's Office because Christine, the late Christine Stanley who I predicted to her she would not live to see the end of her first term and she didn't because she would not indict Tom Sneddon, her close friend and bosom buddy.

And Joyce Dudley continues in the same mythology that you can't indict official for committing felonies. Really? Wasn't Richard Nixon impeached for a lot less than fabricating evidence in a courtroom? Now we have, because you failed to appoint that special prosecutor, we have these brazen people, Jimmy Safechuck and Wade Robson now claiming the exact opposite that they were molested by Michael Jackson because you didn't do your job. You're the alternative when the justice system fails.

Indict these four criminals, they are unindicted criminals and they need to be indicted and you need to appoint a special prosecutor or you need to indict Wade Robson for committing perjury! Why hasn't Joyce Dudley indicted this young man for committing perjury. Either he lied in 05, or he's lying now. Either way, he committed perjury. So why isn't Santa Barbara's District Attorney Joyce Dudley chaffing at the bit

CommentGeorge AlvarezProposed · by introduction19:02 · ≈ 9:19 AM

to put- Mr. Wagner you're half a minute over.

CommentWilliam WagnerProposedself-stated19:06 · ≈ 9:19 AM

To put Wade Robson in jail for perjury? Thank you for your consideration and I hope you move on this, set it for the agenda.

CommentGeorge AlvarezProposed · by introduction19:13 · ≈ 9:19 AM

Thank you.

UnidentifiedUnidentified speaker 2Proposed19:14 · ≈ 9:19 AM

We're going to go to Santa Barbara for Jeff Bard and then Dr Robert Johns, who's our final speaker.

UnidentifiedUnidentified speaker 6Proposed19:22 · ≈ 9:19 AM

Good morning Mr. Chair, members of the board. As you know I'm a community activist concerned with public health and infectious disease prevention both human and canine. And I do support a review of the dangerous dog law. An emphasis on dog bite prevention and actually lowering of the standard of what constitutes provocation because I have a service dog and many people deliberately try to provoke the dog.

And a lot of these people really deserved a warning nip, but my dog is trained not to do that. But I don't like every time I go to the store, I have to be concerned about some punk that's trying to provoke my dog. My dog is trained not to protect me. My dog is trained to alert me of activation of my post-traumatic stress disorder which dates back to my participation as an emergency medical services trainee.

In a foreign operation that was a war zone. I became very interested in the meningitis issue in Isla Vista and the spread of influenza pneumonia, which occurred in our jails and homeless warming centers. And recent headlines confirm my concerns also with tuberculosis. The important thing is not to scapegoat or stereotype the people who have come up to work who do have the tuberculosis problem. The key is to provide the treatment. And I support Los Troubledores. So today my purpose is to underscore that my concerns are also very much labor issues and issues of industrial workplace health and safety, and I'd like to praise some of the great unions. I was privileged to be a member of the Oil Chemical and Atomic Workers which had a fantastic Industrial Safety Department, and it was also a member Steelworkers.

And some of the people in my workplace were killed because of workplace hazards. Locally, I also want to praise United Food and Commercial Workers. It's a great union and a great workforce, and I personally couldn't work as hard as them stocking shells 40 hours a week. My cumulative musculoskeletal injuries, I probably wouldn't make it past the first week. But thanks to our workforce, particularly our unionized workforce, I know that vital services will continue. So I want to underscore One of their concerns in Southern California is the Our Walmart campaign. And a lot of these workers at Walmart have been cut back to 39 hours or something so they don't get their benefits, and that's wrong. And Walmart has also played a rather villainous role in obstructing service dog rights but they lost in court.

It's not being vindictive. It's just a question of as a disability rights advocate, I am linking with labor health and safety issues. It's just a matter of joining hands in a common cause, not demonizing any particular corporation. So I just want to commend also some of our local leaders such as Staraka Lammer Hall and Lois Capps are very sensitive to labor issues and I would commend them to this board. Thank you.

UnidentifiedUnidentified speaker 2Proposed22:21 · ≈ 9:22 AM

Our final speaker is Dr. Robert Jones.

0:22 – 0:308 turns

CommentDr. Robert L. JohnsProposedself-stated22:26 · ≈ 9:22 AM

Get him out of the way. Good morning, Supervisor. I'm Dr. Robert L. Johns, PhD Clinical Psychiatrist. Researcher, a very fabulous researcher. What I found is and I listened very carefully to Mr. Wagner's comments and I just want you to know Mr. Wagner and Supervisors, I've found Tom Sneddon to be a super racist and a Nazi. Sneddon is very much a part of why the Nazis are in this county right now and why the Nazis have been manipulating this county board. Now Carvajal's central issue here is when did you know about these Nazis and Sneddon? Well, you knew about it when you came aboard because they told you about it.

Now, Sneddon, you need to come before this board and face me, and I'm calling myself now The Black Nazi Hunter Now, and you can laugh at that. And Carvajal laughed at me in 05-06. And look where we are now, Carvajal. Keep laughing! Now these Nazis, the descendants of the Camp Cook Nazis, that's what they are, and they Senate Veterans Association, those are Nazis and they have no right to the land that they grow grapes on. All that property belongs to the Chumash and that's why they fight so because they know eventually they're going to have to give up that land and I call on the Call in all your chips and let's send these Nazis, Eva Braun Farr to the red states. They'd love them there.

Now Wolf you are a child of the Holocaust and I'll tell you something. You have given up your own faith in your own people and you manipulate your own people by bringing him a few months ago before this board and presenting him with a reward while you work with the Nazi I have about 35 seconds, so let me end up with this. As I call myself The Black Nazi Hunter and I want these Nazis out of the San Ynez Valley. I'm going to write a letter to the Attorney General, California, the Attorney General, United States Homeland Security, the Governor.

I want to expose you Nazis and I want you out of the valley. Thank you Supervisors.

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CommentGeorge AlvarezProposed · by introduction25:42 · ≈ 9:25 AM

Supervisor Carball.

CommentSanta Ana's ValleyProposed25:43 · ≈ 9:25 AM

Thank you, Mr. Chair a number of My constituents that spoke about the dangerous dog ordinance are here today and I was wondering if Dr. Wada and CEO Miyasato might perhaps touch on the process that I think we've embarked on to bring to this board some options for modifying that ordinance And also there's an update on the euthanasia issues surrounding the animals that were touched on, Duke and Daisy I understand.

It might be good for not just them but other interested individuals that are watching to just understand what the county is doing in this regard so.

CommentGeorge AlvarezProposed · by introduction26:41 · ≈ 9:26 AM

CEO Miyasato?

CommentCEO MiyasatoProposed26:42 · ≈ 9:26 AM

Supervisors, I'd like to have County Council provide some information on the legal framework before Dr. Watta speaks about the process.

CommentWilliam WagonerProposed26:49 · ≈ 9:26 AM

Chair Levenino and supervisors in the area of dangerous and vicious dogs The county code In chapter 7 addresses the counties process which is consistent with state law especially because state law In Food and Agriculture Code section 31683 authorizes the state to quote, impose a more restrictive program end quote than the states to control potentially dangerous or vicious dogs.

So when the board ultimately considers amendments to its current dangerous dog ordinance it will have policy discretion as to keeping its current program or adding more options to that. And either of those choices would be consistent with state law. We received public comment this morning talking about Food and Agriculture Code section 31108B, which is sometimes referred to as one of the Hayden Act amendments.

And this is an area of the code that has the public commenter addressed applies to stray dogs impounded, that they shall be offered to a non-profit before being euthanized. And we have looked at this issue previously and we believe that section 31108B when it uses the term stray dog means stray dog Not dogs seized after biting or dogs abandoned by an owner.

But again, the board will have some discretion in this area when it considers the amendments as to their recent dangerous dog hearings involving the dogs Duke and Daisy On August 20th, the county received the Superior Court's written judgment ordering that those dogs be humanely destroyed. That followed a prior public health hearing on April 21st in which the hearing officer received evidence concerning three separate incidents of those dogs attacking and killing cats.

And with the hearing officer directing that the dogs be euthanized. The Superior Court's involvement was actually as an appeal of that administrative hearing, and the judgment has now been served on the dogs' owners. So that's really the legal framework that we're operating with. Within and we have been working closely with public health and its division of animal services To bring forward potential amendments to the county code as to potentially dangerous dogs But those will be policy choices for the board your present ordinance is it's proper under state law

CommentSanta Ana's ValleyProposed29:42 · ≈ 9:29 AM

Just one more question before mr. Water goes I So the court reaffirmed the county's ability to proceed with euthanasia in regards to those two animals. But although they reaffirmed the county's ability to move forward with that, that doesn't preclude us from considering other options.

CommentWilliam WagonerProposed30:06 · ≈ 9:30 AM

Chair Lavendino, Supervisor Carbajal. That's correct the court's judgment expressly directed the county to humanely destroy those dogs and noted that the decision is final in under state law that's final and conclusive on the parties. That however does not preclude the county from after this or at any time you know in the future amending its dangerous dog ordinance within

0:30 – 0:356 turns

UnidentifiedUnidentified speaker 7Proposed30:38 · ≈ 9:30 AM

Supervisor Carbajal through the chair, thank you very much. As was mentioned by the public speaker Ms. Jansen, County Animal Services is looking at revising the dangerous dog ordinance we do have two community forums next week The first is September 3rd at 530 at the Public Health Department, San Antonio Road where we can get input from the community. We have a second here in North County on September 4th at the Foster Road County Facility also at 530 and this is an opportunity again for the public to provide comment and input into revisions on the dangerous dog ordinance. We've also explored engaging a consultant to come in and help us assess animal services and the shelter operations.

And part of that assessment will also help us look at best practices for shelter, and some of our other policies around dangerous dog. We anticipate coming back before the board in November with a new Dangerous Dog Ordinance.

CommentGeorge AlvarezProposed · by introduction31:42 · ≈ 9:31 AM

Very good. Thank you very much Dr. Wada. All right, does that conclude our public comment period? Yes. OK. We'll move on to our administrative agenda. Let's take care of A1 first. Can I get a motion to approve A1? Moved and seconded. All those in favor? Aye. None opposed? Supervisor Farr?

UnidentifiedUnidentified speaker 5Proposed32:02 · ≈ 9:32 AM

Thank you, Mr. Chair. Well it's certainly my honor today to be able to present a resolution celebrating the 50th anniversary of the Black Gold Cooperative Library System and I'd like to call forward Maureen Theobald who is the Executive Director of Black Gold and also Mary Housel who is the Director of the Santa Maria Library District which includes the libraries of Guadalupe, Orkut, Santa Maria and Quiama.

Santa Barbara County has participated in the Black Gold system throughout the county. And because I have the privilege of being the board's appointee to the Library Advisory Committee, I get the great fun of hearing about what's happening with our libraries routinely throughout the year. And when I heard that this great anniversary was going to be coming up, I thought well this is a great opportunity for everybody to hear about the great work of Black Gold I think if you've been in the public library and have a card, you know what a tremendous resource this is. It stretches across three counties and makes available all of the materials from all of these libraries to anybody that might want to access it.

So I picked the color of my scarf today in honor of the occasion. And Mr. Allen would you please read the resolution?

UnidentifiedUnidentified speaker 2Proposed33:20 · ≈ 9:33 AM

Chairman Lavinino, members of the board. This is a resolution celebrating the 50th anniversary of the Black Gold Cooperative Library System. Whereas the Black Gold Cooperative Library System began in 1964 to enhance library services to a million people in an 8000 square mile area by providing services to member libraries. And whereas the Blackhold Cooperative Library System includes public libraries in the counties of San Luis Obispo, Santa Barbara and Ventura. Including the Blanchard Community Library in Santa Paula, Alampo Public Library, the Paso Robles Public Library, the San Luis Obispo Library, the Santa Barbara Public Library and the Santa Maria Public Library. And whereas Blackhold member libraries combine their holdings in online catalogs of over 1.2 million print, audiovisual and electronic resources which are delivered to library patrons in three counties.

And whereas the Black Gold Library Cooperative System members work together to provide responsive library services and equal access to materials for their customers. Now, therefore it be hereby ordered and resolved that the Board of Supervisors of Santa Barbara County celebrate the 50th anniversary of the Black Gold Cooperative Library System passed and adopted today.

UnidentifiedUnidentified speaker 8Proposed34:34 · ≈ 9:34 AM

Thank you very much, Supervisor Farr. I really appreciate your work on this. Black Gold is very much a behind-the-scenes organization. Our public faces are the public libraries that are in Santa Barbara and San Luis Obispo counties but it's very nice to get some recognition on occasion and I particularly appreciate your efforts in congratulating us. Thank you very much.

CommentGeorge AlvarezProposed · by introduction35:00 · ≈ 9:35 AM

All right, so we will move on to the, you know what? We have A10. Do we have any public speakers on A10?

0:35 – 0:3815 turns

UnidentifiedUnidentified speaker 2Proposed35:07 · ≈ 9:35 AM

No request to speak on A10.

CommentGeorge AlvarezProposed · by introduction35:08 · ≈ 9:35 AM

Okay, we're going to take up A10 separately because I believe Supervisor Carbajal would like to recuse himself.

CommentSanta Ana's ValleyProposed35:14 · ≈ 9:35 AM

Thank you Mr. Chair. On the advice of council due to a potential conflict, I'm going to recuse myself from item A10 specifically my spouse was formerly employed by one of the agencies named in the staff report.

CommentGeorge AlvarezProposed · by introduction35:31 · ≈ 9:35 AM

Okay so we'll wait here do you want to read A10 for us?

UnidentifiedUnidentified speaker 2Proposed35:40 · ≈ 9:35 AM

Item 810 is from the County Executive Office and the request that the board consider recommendations running the Human Services Commission. This is the award of the fiscal year 2014-15 general fund grants.

CommentGeorge AlvarezProposed · by introduction35:52 · ≈ 9:35 AM

Can I get a motion to pass 810? Moved and seconded, all those in favor? Aye. None opposed 4-0 Okay Do we have any requests to speak on the administrative agenda?

UnidentifiedUnidentified speaker 5Proposed36:08 · ≈ 9:36 AM

Mr. Chair, I'd like to pull A14 please.

CommentGeorge AlvarezProposed · by introduction36:11 · ≈ 9:36 AM

14.

CommentSanta Ana's ValleyProposed36:13 · ≈ 9:36 AM

A15.

CommentGeorge AlvarezProposed · by introduction36:14 · ≈ 9:36 AM

15. Supervisor Wolk? A15 Supervisor Adam? Okay, 14-15 and what about the public?

UnidentifiedUnidentified speaker 2Proposed36:21 · ≈ 9:36 AM

We have a request to speak on items A4 and A15

CommentGeorge AlvarezProposed · by introduction36:24 · ≈ 9:36 AM

Okay So why don't we hear from the public first

UnidentifiedUnidentified speaker 2Proposed36:28 · ≈ 9:36 AM

Chairman Lavignino, members of the board. Item A4 is some community services. The request is that the board consider recommendations for any of the 2014-15 agreements for operations of a countywide library system and Mary Housel is here to speak on that.

UnidentifiedUnidentified speaker 9Proposed36:45 · ≈ 9:36 AM

Good morning, Chair Lavinino and members of the Board of Supervisors and staff. I just wanted to come up and thank you for honoring Blackgold's 50th anniversary today and let you know that we recently went to offering 10 free holds on books so you can log in placeholds and get the items delivered to your local library for free. I also wanted to thank you for your support of the library, the county libraries and particularly the Los Alamos community which is trying to get a library going in their communities. So it's pretty exciting they're very passionate and I find it very invigorating myself to work with them. I also wanted to bring to your attention a dilemma that we have That is that our budget for the Santa Maria library operations went up 6.3% this year, that's how much more we need to maintain services at the level where they are.

However, the budget has remained static and it's the same pot of money divided among the population of Santa Barbara County So I don't know if we're going to be able to sustain services at the level that we have, because our cost of living went up for employees. Our rent went up on the Guadalupe and the Orcutt Libraries that we rent. And everybody keeps raising the cost of doing business. So I just hope next budget time that you will remember At least do a cost of living increase for us would be great if that's all you can do, but more would even better.

But thank you very much for listening and thanks for all you do.

CommentGeorge AlvarezProposed · by introduction38:31 · ≈ 9:38 AM

Thank you very much. A14? Do you want to hear from the public first or Supervisor Farr would you rather go first?

0:38 – 0:4516 turns

UnidentifiedUnidentified speaker 5Proposed38:41 · ≈ 9:38 AM

Well, yeah if I could just go ahead and make some comments. And actually I'm going to ask Mr. Farrum if he wants to come up. I pulled this item not because you know I'm opposed to it in any way but because I think it's very timely that we draw attention to some of the additional costs that at least some of the districts are incurring because of the drought And Mr. Framer, you had sent me a chart with some of those cost breakdowns. I don't know whether we have that to give to people but I thought what was in our staff report didn't necessarily show the true cost because there's not only the cost of the water that's being So there's a $200,000 cost in one and there's about a $250,000 cost for the other.

And coincidentally, you know we just saw that the pumping project is completed for Lake Kachuma. That has an enormous price tag as well. But I just thought Mr. Farum could explain to us what some of the total costs were and exactly how it gets paid back both the money and the water.

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UnidentifiedUnidentified speaker 10Proposed40:03 · ≈ 9:40 AM

Be happy to, Mr. Chair, members of the board. This item was brought to your board as you know in 2008 your board granted the Public Works staff authority to do transactions like this but because of the cost and the sensitivity to the drought we wanted to bring it to the board for full public disclosure In this transfer, CCWA has been asked by their member agencies to find additional supplemental water and they have found additional water that they've outright purchased.

However in this case, this is an exchange agreement where they take water now from an entity who has state water on hand And then they repay it later. And so they basically front load the water to when they need it now, and then they have I think it's a 10-year period to pay that back. But there are costs involved with this. There is a cost in part of it as an upfront payment for getting the water now, and then in the second part it's what I call an unbalanced exchange where they would take So the net cost of that is about $473,000. That's the additional cost, understanding that they would be buying the state water, 1,000 acre feet anyway. The total cost of that is about 700,000 I do have those materials. I can make a copy and distribute that to the board if that would be helpful, and then if you have any questions for Mr.

Ray Stokes from CCWA he is here as well. I will also comment though we will be coming back to your board at two separate items on May 9th to talk about some of the Kachuma issues and then on October 14th And perhaps on that 14th, we'll do a full job of costs that the drought has incurred including the pumping project and all the supplemental water that's CCWA. And then you'll see the entire picture of the supplemental water cost and then maybe even throw in the costs that Santa Barbara City, Santa Barbara is incurring for restarting their desal plant. Maybe we can bring a broader picture what those costs are.

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UnidentifiedUnidentified speaker 5Proposed42:09 · ≈ 9:42 AM

That would be terrific. Thank you, Mr. Farrum. So as far as the since there are just three of the member agencies involved with this so they each have their own proportionate share of all of these total costs that then get paid to CCWA who and then turns it pays it to Mojave?

UnidentifiedUnidentified speaker 10Proposed42:32 · ≈ 9:42 AM

To the state. Yes, that's correct.

UnidentifiedUnidentified speaker 5Proposed42:35 · ≈ 9:42 AM

And then they have to pay the actual water back out of their future state water entitlements. And how does that work if the entitlements still stay very low? Not the entitlements, actual allocation stays very low.

UnidentifiedUnidentified speaker 10Proposed42:47 · ≈ 9:42 AM

So Mr. Chair, Supervisor we have there's actually a table that's based on what the Table A allotment for that year is And there's a formula of a minimum repayment that they have to do. I might ask Mr. Stokes to address that further if you want more information, but they have 10 years to repay that and they could pay it faster or they have a minimum repayment over those 10 years. So would you like Mr. Stokes to

UnidentifiedUnidentified speaker 5Proposed43:10 · ≈ 9:43 AM

address that? Sure. That would be great.

UnidentifiedUnidentified speaker 11Proposed43:19 · ≈ 9:43 AM

Good morning.

UnidentifiedUnidentified speaker 5Proposed43:20 · ≈ 9:43 AM

Thank you for being here, Mr. Stokes. My pleasure.

UnidentifiedUnidentified speaker 11Proposed43:23 · ≈ 9:43 AM

The repayment schedule was outlined in a letter of intent that we executed with the Mojave Water Agency so that there's a minimum repayment based on the DWR delivery allocation which begins at 40%. So when the delivery allocation percentage reaches 40%, there's an obligation to begin repaying 10% of the total obligation, and then it continues to go up as DWR delivery allocation increases. Each of the three agencies have determined that they have the ability into the future based on those delivery allocations to repay that Mojave obligation into the future.

UnidentifiedUnidentified speaker 5Proposed44:02 · ≈ 9:44 AM

Okay, so their allocation would have to be at least 40% before they would be expected to take some of that and have it be siphoned off in effect and go to Mojave.

UnidentifiedUnidentified speaker 11Proposed44:11 · ≈ 9:44 AM

That's correct.

UnidentifiedUnidentified speaker 5Proposed44:12 · ≈ 9:44 AM

To pay back, okay. And then my last question actually had to do with CEQA because in your letter Mr. Stokes to the Mojave Water Agency on July 21st Under number four, you said required approvals. The exchange of SWP Table A is subject to the California Environmental Quality Act and yet both Mojave and DWR seem to be comfortable with a CEQA exemption so I just want to be clear here about the CEQAs responsibility.

UnidentifiedUnidentified speaker 11Proposed44:44 · ≈ 9:44 AM

Both Mojave Water Agency, CCWA and DWR are filing a notice of exemption under the existing use of facilities exemption for under CEQA. Santa Barbara County is also filing a notice of exemption under the simple I can't remember what it's called. I think your county council office has been dealing with my attorneys on that as well, as well as DWR attorneys on that. So all four entities involved in this transaction have filed a notice of exemption under CEQA.

UnidentifiedUnidentified speaker 5Proposed45:18 · ≈ 9:45 AM

Okay, so in your letter when you say it's subject to CEQA you just mean we have to recognize it and file an exemption. That's right. Thank you very much. Thank You Mr. Chair.

UnidentifiedUnidentified speaker 12Proposed45:26 · ≈ 9:45 AM

Supervisor Adam. Yeah, Mr. Farrer I've got a couple questions for you Can you repeat the total cost of this exchange water?

0:45 – 0:477 turns

UnidentifiedUnidentified speaker 10Proposed45:39 · ≈ 9:45 AM

Mr. Chair, Supervisor Adams, so according to my calculations the total cost is $716,000. However you have to recognize that these water districts are already signed up for 1,000 acre feet. So you have to kind of back that out of the equation because they're paying for that anyways. And so the additional- You mean you added? Or you back it out, you subtracted which one are we doing here? You subtract it.

is around $473,000. That's the additional cost for getting that water now. The idea being there's 1,000 acre feet. They'll either get that water now under this exchange or they would get it later. Over the next 10 years, the cost is still there for that 1,000 acre feet. So at least in my mind, the additional cost of getting the water now is about $473,000. The total cost for the entire exchange is $716,000 but again they would have been paying for that 1,00 acre feet anyway.

UnidentifiedUnidentified speaker 12Proposed46:45 · ≈ 9:46 AM

Hope that makes sense. Okay, well I'll have to get my mind wrapped around that. Does that cost include future wheeling of the 2.25 times water back to Mojave? Yes. Okay. So you talked about a future report that you're going to come back and give us on this. Could you include a total water delivered, total acre feed delivered Since the inception of the project, total costs paid by all CCWA participants and a dollar amount per acre foot delivered when you give us that report. Please?

We'll do that.

CommentGeorge AlvarezProposed · by introduction47:30 · ≈ 9:47 AM

Great, thank you. Okay very good. Did we have a public speaker on 14? No, 15.

UnidentifiedUnidentified speaker 2Proposed47:36 · ≈ 9:47 AM

Okay

CommentGeorge AlvarezProposed · by introduction47:37 · ≈ 9:47 AM

so let's

UnidentifiedUnidentified speaker 2Proposed47:37 · ≈ 9:47 AM

move to 15. Mr.

CommentGeorge AlvarezProposed · by introduction47:37 · ≈ 9:47 AM

Allen?

0:47 – 0:5418 turns

UnidentifiedUnidentified speaker 2Proposed47:42 · ≈ 9:47 AM

Chair Lavignino, members of the board. Item 815 is from Public Works. It's brought to the board as the Board of Directors of the County Water Agency and asks that the board consider recommendations regarding the agreement with RMC Water & Environment to develop a long-term supplemental water supply alternatives report. Our speaker is Charles Hamilton.

CommentGeorge AlvarezProposed · by introduction48:01 · ≈ 9:48 AM

Yes, Supervisor Carbajal first is going to go first.

CommentSanta Ana's ValleyProposed48:04 · ≈ 9:48 AM

Thank you Mr. Chair I just pull this to I think Say how delighted I am that we're finally moving forward with this. It's something that our board requested early on when we were seeing significant signs of a prolonged drought, and I think that the study and the options that are going to be created here is exactly what our county needs. to look at all our options, to look into not only present day but into the future.

To ensure that we are better prepared to dealing with issues associated with drought and I think this is very timely because of the state bond that will be moving forward as well and the opportunity for us to, through this study outcome, to be able to be better positioned to take advantage of those resources if and when they come available so that we could be a more resilient county along with our purveyors as it relates to drought issues. So I just want to commend staff It seems a little pricey, but I know that Mr. Fairam and the Water Agency looked at the scope of this project with a number of other firms and have come to the conclusion that this is a fair price for the type of scope of study that we need for Santa Barbara County. And again, I just pulled it because This is a real opportunity for Santa Barbara County.

I will say though that the study will only be as good as the participation from all the purveyors, and my observations is that sometimes we get into some differences amongst the purveyors and some fractions. And my hope is that all the purveyors come together And really work together to make sure that this study is the most robust and comprehensive study we can come up with or conclude for the benefit of all residents of Santa Barbara County.

Thank you, Mr.

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CommentGeorge AlvarezProposed · by introduction50:28 · ≈ 9:50 AM

Chair. All right, thank you very much. Let's go to our public speaker.

UnidentifiedUnidentified speaker 2Proposed50:31 · ≈ 9:50 AM

Mr. Hamilton?

CommentGeorge AlvarezProposed · by introduction50:34 · ≈ 9:50 AM

He's in Santa Barbara.

UnidentifiedUnidentified speaker 2Proposed50:34 · ≈ 9:50 AM

Good morning, my name is Charles, he's in Santa Barbara.

CommentCharles HamiltonProposedself-stated50:39 · ≈ 9:50 AM

Good morning, my name is Charles Hamilton, General Manager Carpinteria Valley Water District. I support the proposed long term supplemental water supply alternatives report and thank you and Scott and Tom and Matt for bringing this forward. You are uniquely qualified to do this for the benefit of all the people in Santa Barbara County. The proposed report will enable informed discussion and collaboration for much-needed regional and subregional planning for optimal use of our water supplies and infrastructure.

CommentGeorge AlvarezProposed · by introduction51:16 · ≈ 9:51 AM

Thank you. Thank you very much That's it, you know my only comment on this is I When we do get the recommendation, it'll probably be right around the time that it starts raining and then we'll all forget about it. And we have to remember and keep our eyes on the prize that we are going to be hitting another drought once this one's done and we get rain. So we've got to stay focused and make the decisions that are in the best long interest, best interests of the county. Supervisor Wolf? Supervisor Adam first

UnidentifiedUnidentified speaker 12Proposed51:49 · ≈ 9:51 AM

then Supervisor Wolf. I was just wondering, Mr. Farram, are you going to be inviting some agricultural representation onto that?

UnidentifiedUnidentified speaker 10Proposed52:02 · ≈ 9:52 AM

On to that committee. Mr Chair, Supervisor Adam absolutely in fact one of the first elements we're going to be doing is have an open public workshop not just AG but anybody that has information that can help us kick this off and then we'll have we have subregional groups and lots of interaction

UnidentifiedUnidentified speaker 12Proposed52:24 · ≈ 9:52 AM

Okay, how does one apply for a seat on the

UnidentifiedUnidentified speaker 10Proposed52:27 · ≈ 9:52 AM

committee? There'll be notices for these public meetings and then perhaps we'll reach out to some of the ag community and make sure that they're on our list of being informed when these happen. Also, the Water Agency will be hosting as part of our Public Works website, we'll have a dedicated website that will provide information to the public as we go forward so they can follow the process as we're moving forward with the website and then any of the meetings that we'll be having.

CommentGeorge AlvarezProposed · by introduction52:56 · ≈ 9:52 AM

Okay, thank you. Supervisor Wolf?

UnidentifiedUnidentified speaker 13Proposed53:02 · ≈ 9:53 AM

Thank you, Mr. Chair. Just following up on one of the issues that Supervisor Labagnino mentioned, I just wanted to confirm that this report is to be done no later than December 2015? Would the anticipation be completed sooner than that?

UnidentifiedUnidentified speaker 10Proposed53:21 · ≈ 9:53 AM

Mr. Chair, Supervisor Wolf, that's correct. We've figured a year, so we would hope to be done a year from now. But I mean when we get into this and the complications, we will be done by December 2015. OK.

UnidentifiedUnidentified speaker 13Proposed53:36 · ≈ 9:53 AM

And we did hear from a purveyor from Carpinteria. And it's been mentioned that we need to have buy-in from all the purveyors. And have you been aware that there is buy-in from all of them?

UnidentifiedUnidentified speaker 10Proposed53:54 · ≈ 9:53 AM

Mr Chair, Supervisor Wolf. We have contacted several of the purveyors. In fact, many of them have helped us through the review of the proposals to get to where we are. I'm anticipating that they all will be involved. I echo Supervisor Carbajal's comments that they all have to get involved and get out of their silo and look at the countywide implications here. And I have no reason to believe that we will not

0:54 – 0:552 turns

UnidentifiedUnidentified speaker 13Proposed54:24 · ≈ 9:54 AM

Okay, well I appreciate that and I trust that will be the case because otherwise if we don't have the buy-in in the way that this scope of work is divided it's by regions. And if we don' t have buy-in from a certain region then maybe it would be important to go back and look at the contract. But I'm going to go ahead and vote for this with the assumption that that will happen, and that the purveyors will have buy-in into this process.

Thank you Mr. Chair. Okay,

CommentGeorge AlvarezProposed · by introduction55:02 · ≈ 9:55 AM

very good. That takes us to the conclusion of the administrative agenda. Can I get a motion to approve the balance of the A Agenda? So moved. Moved and seconded. All those in favor? Aye. None opposed. Passes unanimously. Thank you very much. You want a five minute break? Let's go to a five minute break and we'll come back with item number one.

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UnidentifiedUnidentified speaker 1Proposed56:43 · ≈ 9:56 AM

♪ ¶. ♪ ¶. ♪♪ ¶. ¶¶

CommentGeorge AlvarezProposed · by introduction1:00:01 · ≈ 10:00 AM

¶. Let's get it. So, yes. Meeting of the Board of Supervisors, and we will go to item number one. Mr. Allen.

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UnidentifiedUnidentified speaker 2Proposed1:02:01 · ≈ 10:02 AM

Chairman Lavagnino, members of the board. Item one is from the County Executive Office. It's a hearing to consider recommendations regarding the St. Niz Band of Chumash Indians proposed hotel and casino expansion project update.

CommentGeorge AlvarezProposed · by introduction1:02:10 · ≈ 10:02 AM

All right. Thank you very much. Mr Buzanich?

UnidentifiedUnidentified speaker 14Proposed1:02:13 · ≈ 10:02 AM

Chair Lavagnino. Members of the board. Our presentation this morning, our intent this morning is to provide to your board on the environmental evaluation that has been prepared on behalf of a project in the San Ynez Valley, to expand the Chumash Hotel and Casino. And then to provide your board with an opportunity to provide direction as we begin discussing potential mitigations of the off-reservation impacts of this project.

A little bit of background, the environmental evaluation of the proposed hotel-casino expansion project was released on July 15th. The project includes 215 new hotel rooms and a 12 story tower, 584 parking spaces in a new five story parking structure and the remodeling in addition to 150,000 square feet of the hotel casino space. The next couple slides are graphics representing the proposed project. Included in the pink highlighted area is the tower expansion that will include the 12 story with the hotel rooms.

The yellow or mustard colored section adjoining the existing casino structure will contain the expanded floor space for the casino operation. And at the far left-hand side of the screen, you'll see a grayish green box that represents the new five story parking structure with the 584 parking spaces. This graphic is provided inside of the environmental evaluation that was prepared for this project.

The next slide is a similar view of the expanded areas, again, the pink or magenta-colored tower structure, the mustard-colored expanded casino floor operations and the grayish colored parking structure. And included, if you use the TV monitors here in the room it's a little bit better. Included in this are offset pictures representing the visual impacts of the proposed project and in particular these photos are showing what the approximate view would be of the tower proposal found in the magenta color. I'm pretty sure the tower itself will not be magenta But if you look at the bottom right-hand picture, it simulates the view of the 12 story tower driving along Highway 246 in a westerly direction.

The top photo on the right represents a graphical image of what the 12-story tower would look like if you were driving alongside the casino on Highway 246 and looking toward the existing casino structure, the lower facade there just above the tree line in between the trees. And then the final picture in set is a graphical representation of the view of the tower if you were traveling eastbound on Highway 246 toward the casino and eventually toward 154.

The project environmental evaluation was prepared pursuant to the off-reservation impacts environmental policy ordinance that has been adopted by the San Ynez Band of Chumash Indians. It also was prepared in compliance with the state tribal gaming compact between the State of California and the San Ynez Band of Chumash Indians. Particularly Section 10.8, which requires that there be an adopted Tribal Environmental Ordinance, that they prepare a study before commencement of construction, that they consult with jurisdictions and meet to discuss mitigations, and that they make good faith efforts to mitigate significant impacts.

The entire document here includes a project description and the environmental analysis based on those sections of the State Tribal Compact, as well as the tribe's Environmental Policy Ordinance. Actions to date. Up to this point, our county offices were requested and compiled comments on the environmental evaluation from departments between July 16th and August 13th. And those were provided to you as an attachment to this board item.

On August 4th, the County Executive Officer Miyasato requested a meeting with the tribe on mitigation measures. On August 13th, the comment letters from our various county departments were submitted to the tribe as part of this process, as was invited in the notice of application. And then the meeting with the tribe is scheduled to occur on August 28th, which is this Thursday.

Just to highlight at the top level, and I have some charts that we've put in front of you and for the public are on the website this morning. We will go into a little bit more detail on these but just a high-level overview in the environmental evaluation there were some potentially significant impacts identified around the aesthetic perspective around the scenic vistas and particularly impacts of light and glare There was some potentially significant impacts on air quality, including conflict with air quality plans and there may be some violation of standards.

There was some identification of some impacts to species and habitat on biological resources, the potential loss of topsoil due to erosion during the construction process. Potential exposure and releases of hazardous materials and the potential for hazard created by wildland fires due to equipment operating in grass areas adjoining the construction site. Water resources, some potential impacts to quality supply, drainage and flooding.

Additionally some increase in excess of standards are identified in the environmental evaluation. Conflicts with plans and policies around land use surrounding area. Population and housing there may be some inducement for growth. and impacts to public service, including to fire prevention and protection law enforcement. Some impacts to school and parks and recreational uses.

There may be some exceeding of standards, service standards on local roadways and traffic intersections, including some of the turn lanes. And finally the evaluation identifies some potential significant impacts around the capacity of wastewater and stormwater drainage. As our county staff examined the environmental evaluation prepared on this project, there were some strong concerns presented by the Fire Protection District that require some additional clarification around the access to the building and particularly its height and how that would be impacted with the current equipment and staffing we have.

in and around the project site in the San Ynez Valley. Secondly, our planning and development department identified some concerns over unsubstantiated impact conclusions or inadequate mitigations and perhaps a misapplication of land use plans and standards which we'll detail further in a moment. Public Works, again at the high level, recommends some study to assess overflows of creeks that were associated with one particular fork of the San Dakota Creek and some inconsistency of traffic levels of service and traffic delay times from those that are prepared in the environmental evaluation.

And also of concern by our law enforcement sheriff, the concerns about the loss of the special distribution fund payments for law enforcement. This chart was added in the last couple of days to detail a bit more specifically the suggested mitigation measures in the environmental evaluation and our county's comments. So, to briefly orient you as members of the board since this is a new chart for you and for members of the public.

In the far left-hand column, we are citing the various sections from this environmental evaluation. That's the EE is Environmental Evaluation. Those are the various section numbers as you'll see Section 3.2 is Water Resources, 3.3 Air Quality and so forth. Following that, in the next column to the right are the impact analysis topics that were covered in the environmental evaluation.

And for example here you'll see that they analyzed the area of water supply, site drainage, flooding. I used a small number one, superscript number one to designate those particular areas in the environmental evaluation where the tribe identified no mitigation measures or did not recommend or failed to recommend any mitigation measures on those particular impacts.

The next column to the right are the suggested mitigation measures. And according to section 3.1 on page 2, the environmental evaluation document identifies that all of these mitigation measures would be necessary in order to have this project have less than significant impacts. And you'll see here a series of examples of the mitigation, pardon me they're not examples. They are the mitigation measures suggested in the environmental evaluation to address those potentially significant impacts to the environment.

In the final column on the far right-hand side, these were mitigation measures either suggested or affirmed from the evaluation itself by our county staff as they reviewed this environmental evaluation document. So to begin with, under water resources the tribe identified a series of potential mitigation measures including the maximizing and use of recycled water.

Limiting grading as much as possible to just the site under construction. The utilization of erosion control measures to prevent topsoil and other dust and debris from moving outside of the immediate construction area. To schedule construction during off-peak, runoff periods if we ever have rain again. The revegetation of areas that are formed and where dirt and earth is moved to revegetate that as quickly as possible to minimize the amount of erosion and water quality disturbances.

oil traps for parking runoff, and that they utilize modern construction dust abatement strategies. In addition on water resources, our staff identified the need for a flood map for the reservation. In the environmental evaluation it notes that the current reservation is not in the flood map, and that is according to our staff have been identified as The fault of the original survey for that flood map did not include the reservation on purpose. So the fact that it's not in the flood plain is not necessarily a matter of record, but according to our staff is something that says just that the flood mapping project stopped at the edge of the reservation.

There's a need for hydrological and hydraulic study on the San Dakota Creek to identify how much water is actually present there and its movement during those peak flood times. And more specifics are needed, according to our staff, on the level of water recycling that would take place on the expanded project. According to the environmental evaluation, the facility currently uses a water recycling plan to reduce its water usage. But more specific detail would be required for our staff to determine what would be the level of impact on water usage with the recycling project added with the new rooms and new casino hotel space that was going to be made available.

Under air quality, going to the next row down, the tribe identified a mitigation of trying to reduce the amount of dust that might be created during the construction, particularly during grading. Our staff didn't have anything additional to offer on that particular impact. Going to hazards and hazardous materials, the environmental evaluation identifies that they will contain any hazardous material impacts on site.

That they're establishing standard operating procedures for the use of equipment to reduce the risk of wildland fires, particularly during the grading and construction process. And that they would consider the development of a fire break to prevent fire from spreading offsite and to reduce or eliminate the potential for off-reservation wildland fire impacts.

Amongst the areas focused on in terms of the hazard of wildland fires, our Fire Protection District offered the comment and suggestion that they would need to obtain full access agreement and establish a full access agreement between the Fire Protection District and the tribe. Moving next to the area of noise, our staff identified- Mr. Chair? Supervisor Parker.

1:17 – 1:2512 turns

UnidentifiedUnidentified speaker 5Proposed1:17:04 · ≈ 10:17 AM

I'm sorry. No problem. Thank you. Mr. Badanich before we leave that section of hazards and hazardous materials, I'm not sure if everybody received the letter from Mullen & Henzel that's representing the San Ynez Airport Authority which manages the county airport there on behalf of the county. And Ashley sent two letters, but I'm just wondering whether we received that letter. And I've noted the issues to do with the airport being immediately adjacent for this section and also under the public services.

But in their second letter, they say that the height of the tower structure was reported to the FAA at 136 feet. That was prior to the environmental evaluation coming out. But then in the environmental evaluation, it says the highest point would be 150 feet. So the letter said that they were extremely concerned about the discrepancy in height between the two documents and expressed a lot of overall concerns about the tower in particular being immediately adjacent to the airport and ends the second letter by saying They feel that the rules would require a warrant of determination of hazard to air navigation if the tower is over 136 feet. So did you consider that letter? Is that something then we could be adding eventually to our comments?

UnidentifiedUnidentified speaker 14Proposed1:18:41 · ≈ 10:18 AM

Chair Levin, Supervisor Farr. Later on in subsection 3.7 under land use population and housing they do address the impacts to the San Ynez Airport and do have some documentation present in the environmental evaluation. I was going to cover that in just a moment if you will.

UnidentifiedUnidentified speaker 5Proposed1:19:05 · ≈ 10:19 AM

Okay, well it's just that what's there is not the same as what this letter says. So that's fine we can talk about it some more later. Thank you Mr. Chair

UnidentifiedUnidentified speaker 14Proposed1:19:16 · ≈ 10:19 AM

Continuing on that our staff under the NOAA subsection 3.5, our staff was concerned that there were not any real mitigation offer or suggestions made to reduce some significant impacts and one that our staff identified was the potential noise impact of a rooftop pool that's noted in part of a portion of the environmental evaluation and what that noise impact might be, having noise 150 feet in the air and how that might move away for those sensitive receptors across the highway.

Under subsection 3.6, the transportation and traffic section, we'll note in a moment in the cumulative impact study there is fuller treatment in the environmental evaluation on the impacts to local roadway segments and to traffic intersections and some suggested mitigations there. But during this section, our staff also identified the lack of an analysis of what happens during special events with the additional room capacity, the additional floor space and the identification that there's 584 new parking spaces being built in the five-story structure.

There was not in this environmental analysis any inclusion of special event trafficked analysis Our staff also identified the need to consider realigning Cuesta or Casino streets where they meet State Route 246. There was no option, or no preferable option at this point but one of the mitigation measures that our staff has identified is that this is an offset intersection and to create a fuller Plus sign intersection. I don't know what the technical term for that is, Scott, but regular standard intersection would help the traffic flow.

Our staff also identified the need for the establishment of fair share memorandums of understanding with the county, the tribe and with Caltrans given State Route 246's status as a state highway. And to improve the overall capacity of traffic particularly in the turning capacity at Edison and State Route 246. Supervisor Wolf.

UnidentifiedUnidentified speaker 13Proposed1:21:57 · ≈ 10:21 AM

Thank you, Mr. Chair. Mr. Pozonich before we leave this page I have a question about the air quality portion and you know I find it interesting that you just mentioned transportation and traffic a new parking facility to house 584 cars. There will be impacts to the roads, but it would seem to me that if you have that many cars on the road that there would be an impact to air pollutants.

And it's not noted. I mean, it's noted as an impact but there is no mitigation noted. And I'm speaking to the air quality section.

UnidentifiedUnidentified speaker 14Proposed1:22:51 · ≈ 10:22 AM

Chair Lavagnino, Supervisor Wolf. In that section the environmental evaluation notes that there's currently an attainment of the federal and state pollution standards for a lot of the carbon based air pollutions And that given that attainment of those standards, their measured additional impact would not push that past the attainment that we already have in terms of meeting those standards. That they did not believe according to this environmental evaluation that any additional mitigation was required.

UnidentifiedUnidentified speaker 13Proposed1:23:34 · ≈ 10:23 AM

OK, and did we have any of our folks look at that in particular? And or maybe this is more relevant to APCD. So I understand that they've reached attainment now But with the addition of that many cars, it's...

CommentCEO MiyasatoProposed1:23:55 · ≈ 10:23 AM

Supervisor Farth of the Chair I know Mr. Russell is in Santa Barbara and ready to respond any questions on because we did have a section on air quality impacts in our letter so if Glenn is in Santa Barbara he can address that. He's

CommentGeorge AlvarezProposed · by introduction1:24:05 · ≈ 10:24 AM

ready, he's at the podium. Dr. Russell?

UnidentifiedUnidentified speaker 15Proposed1:24:08 · ≈ 10:24 AM

Good morning, Supervisors. Supervisor Wolf through the chair. There are two comments I'd like to make on air quality. First of all, the calculated operational criteria pollutants exceed the county threshold of 25 pounds per day but no mitigation measures have been proposed so that is the primary comment that we made and then regarding the Santa Barbara County Clean Air Plan This is a level of development which was not envisioned in that plan. So whether or not it would cause any problems with the plan and the conclusions that it has reached, this was not addressed in the environmental document. So those are the two primary air quality comments that we identified.

UnidentifiedUnidentified speaker 13Proposed1:24:58 · ≈ 10:24 AM

All right. Mr. Glenn, thank you for being there, Dr. Russell and pointing that out. So I think when we get to the point where we're going to be talking about suggested additional mitigations, I think that will be one area that I'd like to explore further. Thank you, Mr. Chair.

CommentGeorge AlvarezProposed · by introduction1:25:18 · ≈ 10:25 AM

OK. Very good. Dennis?

1:25 – 1:327 turns

UnidentifiedUnidentified speaker 14Proposed1:25:23 · ≈ 10:25 AM

So continuing on the next slide would be subsection 3.7, looking at the land use of population and housing subsection. Environmental evaluation anticipates the need to obtain an FAA permit if the crane is over 60 feet. That's noted in the environmental evaluation in this section. Our county staff also suggested the additional mitigation that there be a review process by the Airport Land Use Commission other impacts to the air operations at the San Ynez Airport.

Subsection 3.8 in addressing aesthetics, the mitigation measures suggested in the environmental evaluation is to enhance the landscaping particularly along State Route 246. using the trees that they currently use to lessen the visual impacts of the current existing structure, but would be to enhance that landscaping further to address the new additional tower and parking structures. The environmental evaluation suggests the use of tinted windows and blackout curtains to reduce the glare and light that would be added by this particular project And the desire to use non-glare lighting features, particularly for the exterior lighting functions.

Our staff also identified in our comment letter that the analysis of visual light glare impacts was inadequate and there was a strong desire to have that section rewritten given the views that would be afforded by a 12 story room in the tower It's unlikely that blackout curtains would remain shut on a permanent basis, and so our staff believe there may be a need to perhaps rewrite that section to reconsider the impacts and provide additional mitigations.

Under biological resources, the environmental evaluation identified no significant impacts to special status species or to waterways, riparian corridors, or to wildlife corridors. And so our staff had no additional comments in that arena either. Subsection 3.10 addresses public services, recreation, utilities and service systems. We did have some significant comments and the environmental evaluation did make some suggested mitigations to lessen their impact.

There was a consensus around the need for fire connections every 300 feet available during the construction process and thereafter. The environmental evaluation identifies the need to update their evacuation plan, to negotiate purchase of appropriate equipment and annual contributions for fire personnel and to obtain a commitment for water from Improvement District Number One, and to mitigate the impacts of increased demand.

In addition to those mitigation measures our staff identified a number of other mitigation measures that would be necessary. We mentioned briefly before the need to obtain a full access agreement between the Fire Protection District and the tribe The need to provide a 26-foot wide access road for aerial fire equipment. The need for additional personnel and resources to staff that aerial equipment, as well as the need for additional paramedic and rescue squad support you'll notice below.

The desire to have a fire protection specialist as a liaison to the contractor during the construction process. To assure that the additional capacity for water movement up the tower in particular and across the sprinkler system, across the new casino area was sufficient and developed per the plan. The need for an auto aid, an annual operating plan with the Fire Protection District.

The need to add a 100 foot ladder truck and approximately 12 FTEs plus some paramedic rescue squad vehicle with six FTEs. Six sheriff's deputies, and these also include we believe the considered sheriff's deputies that were subject of a agreement that was brought to your board several weeks ago. And is still in the works for some current revisions. The need to adopt both the county as well as the California fire code. Currently, the environmental evaluation states that all construction processes and the final building will be compliant with the international code.

But our staff has highly recommended that it utilize both our local as well as the state fire code in identifying the particular fire mitigation risks. And that the fire booster station and storage tanks need to meet not just the international standards, but our national standards as well as state and local standards. Supervisor Wolf?

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UnidentifiedUnidentified speaker 13Proposed1:31:23 · ≈ 10:31 AM

Thank you, Mr. Chair. Mr. Pisanich I saw the sheriff's letter and And then you mentioned the negotiations that had been ongoing. Could you remind me, were those negotiations part of this new project? Or was that at the current point that we're at right now?

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UnidentifiedUnidentified speaker 14Proposed1:31:49 · ≈ 10:31 AM

Chair Lavagnino and Supervisor Wolff, and I believe the Sheriff is here, but those negotiations on that contract were for the existing reservation including the existing casino hotel structure.

UnidentifiedUnidentified speaker 13Proposed1:32:01 · ≈ 10:32 AM

So it just, I'm going to ask this question to you and maybe the sheriff could answer. That's what I thought when I read the letter and it seems counterintuitive that there wouldn't be a need for additional sheriff deputies if this plan was to move forward.

UnidentifiedUnidentified speaker 14Proposed1:32:20 · ≈ 10:32 AM

And I would love, Chair, Supervisor Wolf, if the Sheriff would wish to comment on that. I think that would probably be best. I think he just stepped out so why don't

CommentGeorge AlvarezProposed · by introduction1:32:30 · ≈ 10:32 AM

we

UnidentifiedUnidentified speaker 1Proposed1:32:30 · ≈ 10:32 AM

go to...

1:32 – 1:4318 turns

CommentGeorge AlvarezProposed · by introduction1:32:42 · ≈ 10:32 AM

Supervisor Wolf, why don t you restate your question?

UnidentifiedUnidentified speaker 13Proposed1:32:44 · ≈ 10:32 AM

Did you hear it by any chance, Sheriff?

CommentGeorge AlvarezProposed · by introduction1:32:47 · ≈ 10:32 AM

I'm sorry, I did not. I picked

UnidentifiedUnidentified speaker 16Proposed1:32:48 · ≈ 10:32 AM

an

UnidentifiedUnidentified speaker 13Proposed1:32:49 · ≈ 10:32 AM

opportunity to step out. Yeah, I'm sorry. So my question was you wrote a letter And you're in negotiations with the tribe. And I understood from Mr. Bozonich that's based on the current status, but I didn't see anywhere in your letter and Mr. Bazonich confirmed this at with a new project that you are not requesting any additional deputies. And I'm wondering why that's the case or maybe you can explain that?

UnidentifiedUnidentified speaker 16Proposed1:33:18 · ≈ 10:33 AM

Right. I think that if we could get to the point where we have an additional person, additional deputy that's full time assigned to the reservation and the valley that would be sufficient for population that's expected, the additional 1,000 people per day spread out over that period of time. The number that would be interacting with law enforcement would be fairly minimal and I think if we had an additional full-time deputy that would probably be sufficient for it.

CommentGeorge AlvarezProposed · by introduction1:33:57 · ≈ 10:33 AM

Supervisor Farr.

UnidentifiedUnidentified speaker 5Proposed1:33:59 · ≈ 10:33 AM

Thank you, Mr. Chair. That really helps me clarify this, Sheriff, because I was thinking that we had the existing deficit of the full post position of five that you used to have through this special distribution fund and then went away which then you've been working on a separate contract to try to fill So I assume that the six, because of the size and magnitude of this project were additive to that. But it's inclusive of that so we're not looking at five for current impacts plus six for new impacts. We're looking at a total of five for current and one more for new impacts according to your calculation.

UnidentifiedUnidentified speaker 16Proposed1:34:43 · ≈ 10:34 AM

Correct. I mean, we don't have that position currently. It's gone. And in terms of getting it back, we've had discussions with the tribe about their desire to get an additional deputy on the reservation and we've had a lengthy discussion with them about sharing that resource in emergency situations and so forth. You know, within the valley. But and don't get me wrong I'm not to say that we don't need additional resources as you're well aware were down about 10% from where we were as a sheriff's office from 2007 so we're always in need of additional resources it's just in terms of what additional impacts this expansion to the casino will have In terms of law enforcement, it's not anticipated that it would be in addition to what we would get if we got this additional deputy whose assignment would be to the reservation.

UnidentifiedUnidentified speaker 5Proposed1:35:41 · ≈ 10:35 AM

Okay, well I just think that it's important that we're all clear going forward what the existing impacts are to the county and to the valley in particular from the existing operation of the casino and hotel which the mitigations come through kind of a tortuous process from the tribe to the state and then hopefully back to the county in some fashion. Used to be $1.5 million.

Some years we didn't get any. Some years we got all, lately we've gotten about half and when it got cut was when your department bore the brunt of that in effect. So the current mitigations for the current project existing project are insufficient and unreliable and it's not clear to me whether actually there's going to be money from that fund going forward into next year which would mean That would be additive onto whatever the new additional impacts are from this additional project. And I guess that I would just encourage you to ask for what you think you need that are the true impacts of this addition besides what the existing deficit is, because that's my understanding of what the fire department is doing that does have a contract.

But that they see a real need in a lot of different ways for a lot more. So I just don't want us to start mixing up the two, and I hope that in your negotiations and in your letter once it comes forward to the board is very clear what is existing and what is new. Thank you Mr. Chair and thank you Sheriff.

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UnidentifiedUnidentified speaker 14Proposed1:37:26 · ≈ 10:37 AM

Members of the board, just to finish up an overview of the environmental evaluation and our comments. Under this section titled Growth Inducing and Cumulative Environmental Impacts there is in the environmental evaluation some suggested mitigation measures including the use of energy efficient appliances in the new addition to adopt a green building code to recycle 75% or more of the solid waste that is generated to identify a limit and to install sound barriers if there are complaints by local sensitive receptors around the noise issues, and recognition of the need to contribute their fair share to reduce impacts to roadways and intersections.

In addition to that, our county comment letter identified the need to look at the cumulative water demand impacts of the various projects including the Camp 4 project. The 6.9 acres that is across the highway from this particular project. And to recognize that the latest data says that the particular basin, the upper basin is in overdraft and has been in a state of overdraft for some period of time.

And so our county comment letter identifies that looking at all of these projects in total and examining on a fuller basis the impacts to that particular water basin, that has been documented to be an overdraft. The recommended actions today would be to receive this report regarding the proposed hotel and casino expansion project and the environmental evaluation that documents that, provide direction for discussing the mitigation of the off-reservation impacts that our staff has identified and that has been identified through this hearing this morning. And then to find that the proposed actions are exempt from CEQA. And with that I'm happy to answer any questions. Thank you very much.

Go to Supervisor

CommentGeorge AlvarezProposed · by introduction1:39:52 · ≈ 10:39 AM

Wolf and then Supervisor Farr.

UnidentifiedUnidentified speaker 13Proposed1:39:53 · ≈ 10:39 AM

Thank you, Mr. Chair I guess this is a process question Mr. Bozonich because some of the proposed county mitigations such as the last one you just mentioned about Doing an additional study on cumulative impacts there was a few other studies that were recommended as potential mitigations So are we going to have a second bite at this apple after we get some of those reports back? Or is today the day?

UnidentifiedUnidentified speaker 14Proposed1:40:25 · ≈ 10:40 AM

Chair Lavinino, Supervisor Wolf. Today's a great day from the standpoint of kicking off discussions later this week to provide very specific direction or general direction to the county executive office as the principal. There will be another bite at the apple, as you say, when it comes to the actual approval of the mitigation agreement itself. To consider possible amendments or other particular components to that. Obviously that's at the end of a process.

Now is the beginning of the process.

UnidentifiedUnidentified speaker 13Proposed1:41:01 · ≈ 10:41 AM

And if I might, I just also want to touch on the letters that Supervisor Farr mentioned from the law firm. I didn't get a copy of those letters, but I think it's very important information for us. And as we talk about mitigations, I think the height of that tower is going to be a significant issue. So anyway, thank you.

CommentGeorge AlvarezProposed · by introduction1:41:26 · ≈ 10:41 AM

Okay, very good. Supervisor Farr?

UnidentifiedUnidentified speaker 5Proposed1:41:28 · ≈ 10:41 AM

Thank you Mr. Chair and just to kind of follow along with Supervisor Wolf's comments the governor's office through the Attorney General submitted a letter on the environmental evaluation and I'm not sure if the board has seen a copy of that letter It's dated August 14th. It states that the comments are strictly from comments on the deficiencies from the governor's office alone, doesn't identify potential deficiencies that other agencies of the state might have considered or be considering and kind of cites three or four different areas of primary concern That the environmental evaluation didn't properly consider the visual impacts of the tower, didn't adequately consider the project's potential impacts resulting from increased water usage.

Didn't consider alternatives to the hotel tower and believes that a comprehensive environmental document comparable to an EIS should be prepared. This is very unusual. I think this is the first time that I've received a copy of a letter that came directly from the governor concerning issues in the San Inez Valley, and I think that this is something we should support and incorporate in our comments. And this gets to again, I think the issues to do with the tower and also with water supply.

CommentGeorge AlvarezProposed · by introduction1:43:01 · ≈ 10:43 AM

Thank you Mr. Chair.

1:43 – 1:4910 turns

CommentCEO MiyasatoProposed1:43:04 · ≈ 10:43 AM

Supervisors to the chair, I just want to clarify something that Mr. Buzanich said about whether the board will have another bite at the apple so to speak. As you recall, the expansion of the casino is under the tribe's state gaming compact with the State of California and they per that agreement are required do the environmental evaluation and also request or meet with us, if we so choose to meet with them regarding mitigation of the project's potential significant adverse impacts. And again that meeting is set for this week but They are required only to make good faith efforts to mitigate the significant adverse off-site, off-reservation impacts. Our discussion on this Thursday will be taking your board's feedback to discuss with them our request and our belief in the need for these mitigations.

There is nothing in law that I see that requires us to have a mitigation agreement. Should we come to some successful discussions, we would come back to your board but that is not required at this time.

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CommentGeorge AlvarezProposed · by introduction1:44:12 · ≈ 10:44 AM

Very good, and I see you getting ready to hit your button. I've got a question while you're doing that that you might be able to answer too. Can you just kind of give us the procedural path that this is on? Is it the governor's office who makes final decision? How does this work? Chair Labanino

CommentWilliam WagonerProposed1:44:30 · ≈ 10:44 AM

and supervisors, so we have been working closely with the CEO's office on this, The process that we're in right now is within the 1999 Tribal State Compact, which discusses expansion of the casino and the type of environmental review that should occur as well as the good faith efforts to mitigate significant adverse off-reservation impacts. You might read the Attorney General's letter that Sue Razorfar commented on as a good thing. The attorney general's interest in looking at a process that is supposed to be similar to or incorporating policies of NEPA.

and CEQA But the framework for this is really again an agreement between the state And the tribe Where the county's primary role is? Consulting with meeting with asking for mitigation, and then the state would be looking at whether those efforts by the tribe were good faith So I think there's all a process That is designed to provide the county's concerns to the tribe in a clear way. And then work with them for their good faith efforts to mitigate those stated concerns by the county all under the eye of the state, which is a signatory to the

CommentGeorge AlvarezProposed · by introduction1:45:52 · ≈ 10:45 AM

tribal state compact. Very good, thank you very much. All right Mr Allen how many speakers do we have?

UnidentifiedUnidentified speaker 2Proposed1:45:58 · ≈ 10:45 AM

We have seven requests to speak. We're going to start off in Santa Barbara with Dr. Robert Johns and come back to Santa Maria for Chris Dahlstrom.

CommentGeorge AlvarezProposed · by introduction1:46:27 · ≈ 10:46 AM

Dr. Russell, is Dr. Johns there? Thank you. ETA? There we go.

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CommentDr. Robert L. JohnsProposedself-stated1:46:47 · ≈ 10:46 AM

Bear with me. Now, why would there be such opposition to this proposal? The Camp 4, the new Chumash Hotel. Why would there be... New jobs! Sheriff gets to hire new, why would there be so much opposition? The county gets the money. Why would there be so much opposition in Carville Hall when your gangster buddy comes from LA to build a Miramar? There won't be any opposition to that will there, Carville Hall?

That gangster buddy of yours, 10 years trying to build a Miramar and now we compare this with the Chumash. Do you know who you're talking to when you talk to the Chumash? These are sensitive people. People forced to be businessmen, businesspersons. You're talking to the tribe. Their ancestors are buried on the land. Do you think they would violate their ancestors' trust? Who do you people think you are?

This is ridiculous, necessary but ridiculous. Now why would Eva Braun Farr oppose? She's already made two oppositions to this and wants to vote against it. It's a beautiful project but why would she oppose it? You have to think about that! You have to think about it. And I think that, woof! You're being manipulated by fire and this will prove out in the long run.

But let's get to the nexus up there. Let's get to the heart of it. When you have a people who have done so much for The number two employer in this county and you want to strike it down? You've already indicated, sir. And you know where Dr. Johns is going with this. You're racist! You're discriminatory. A hundred foot, 150 feet tower? But Chumash can overcome that.

They will satisfy all your environmental, yet you oppose that fire. Think about why and you know why because of that destructive group of people who you know what I'm talking about and who I know you know who I'm talking about. They are against this project because they have no rights to that land. They're undocumented. They are undocumented and have no rights.

So we have to beat back those destructive people.

CommentGeorge AlvarezProposed · by introduction1:49:46 · ≈ 10:49 AM

Dr. Johns, your time's

CommentDr. Robert L. JohnsProposedself-stated1:49:47 · ≈ 10:49 AM

up. Thank you very

UnidentifiedUnidentified speaker 2Proposed1:49:49 · ≈ 10:49 AM

much. Our next speaker is Chris Dahlstrom here in Santa Maria to be followed by Sheridan Force.

1:49 – 1:565 turns

CommentChris DahlstromProposedself-stated1:49:58 · ≈ 10:49 AM

Good morning members of the board. Chairman Lavinino, that's quite an act to follow and I am not going to try. My name is Chris Dahlstrom. I'm the general manager of San Ynez River Water Conservation District Improvement District number one. I am here today neither to or not prepared to make comment on EEE, the environmental evaluation, or to present a position from ID 1.

The reason why is that the environmental evaluation was released the day of ID1's Board of Trustees meeting on July 15th. And the comments were due prior to the board meeting in August, on August 19th of the ID1 board meeting. We did not have an opportunity to comment on the environmental evaluation at this time, or at that time because the board did not authorize staff or legal counsel to review the environmental evaluation because of the timings. However, on August 19th, at the Board of Trustees meeting, the board did authorize management and legal counsel to review, analyze and provide comment on the environmental evaluation related to water supply.

A couple of updates for this board. The drought declaration that was authorized and approved by the ID-1 Board of Trustees on June 17th, which was a declaration of drought emergency or water supply emergency, it precluded the issuance of cannon wheel serves and all water service to new customers or customers applying for water service. Add to that the Chromium 6 regulations that were enacted on July 1st. That again creates a situation in ID-1 where the water supplies from the Upland Groundwater Basin were suspended by about 50%.

So given the drought conditions and the regulatory conditions related to chromium-6, the district is operating on a very effective and efficient way of water supply. However with that declaration on the 17th there is no new water supply being issued or water service being issued to any applicants. When the board When an applicant or the band applies for water service, the district will process that application as it does with any other customer of the district. And we will apply and those applicants are subject to the rules and regulations of ID 1.

But as I mentioned, that at this time no new water service is being issued. And at this time the band has not applied for water service so we have not done any evaluations or application processing. So that would dispel any Any misconception that may be out there that the district has committed to water supply, and in fact we have not for those various reasons. And finally when the district as far as timing when the district might be issuing water supply or water service again it's going to be dependent on the drought situation, the current water supplies we have and certainly with the remediation of the chromium six issue.

If you have any questions I'd be happy to answer. Thank you for being here.

UnidentifiedUnidentified speaker 2Proposed1:53:30 · ≈ 10:53 AM

Sheridan Forest be followed by Cherry Shepherd.

UnidentifiedUnidentified speaker 17Proposed1:53:38 · ≈ 10:53 AM

Thank you, Supervisors and Chair Lavagnino. I just want to first say I'm very grateful for all the work that you have been doing over the years on this issue. I know it's very difficult and emotionally wrenching, I'm sure, and that other speaker was quite emotional. I realize that you're trying to support free market and you're trying to right a perceived injustice, and most importantly, you're trying to protect the Valley so I'm very, very grateful for that. Thank you.

I've been attending meetings over this issue for a long, long time. Back when the original bingo hall was existent, I attended a meeting there and I remember hearing Mr. Armenta talk about the size of the white tent casino that was going to be built. And he quoted a particular square footage number and it ended up being much, much greater than what he had promised. And so when I hear this new proposal for expansion, it kind of brings back bad memories of what has been promised and what has happened and what I fear will happen which will be an even greater expansion than a 12-story tower in a five story garage which you know is inappropriate for the valley and the topography of the valley. I think we've gotten so far out of balance in trying to correct a wrong that, trying to make a right out of, I'm getting myself mixed up.

But the point is two wrongs don't make a right here and I essentially want us to think about what is right? And it's very right for us to be good stewards of our community and to think about the appropriateness and size of any kind of project that is proposed but most I think it's really important that we protect the valley as a whole, not just segments of the valley.

And while the staff has been fabulous in itemizing the different mitigating factors, I think that there is a point when mitigation isn't really the answer. Because we're just paving our way to a gargantuan growth elsewhere, perhaps on Camp 4. It's interesting that Mr. Dahlstrom was just speaking about a meeting that I just attended where a friend of mine was trying to get a cannon well served for a proposed guest house and it was potentially going to be denied one person a guest house. So this water issue is also big. But what I said there was that droughts come and go, but integrity doesn't. And so I think it's really important that our word is true and that our yes means yes and our noes mean no. And I'm just extremely concerned, and I'm not the only one about each expansion that has occurred over the years.

And I know you're concerned about that as well. So from my heart as a citizen and nothing more, I just say that this continued growth is not good for the valley. And I would like to leave you with this, that just because something is allowable does not necessarily make it advisable. And so I just ask that you consider that. Thank you very much.

CommentGeorge AlvarezProposed · by introduction1:56:36 · ≈ 10:56 AM

Thank you.

UnidentifiedUnidentified speaker 2Proposed1:56:39 · ≈ 10:56 AM

Jerry Shepard to be followed by Andy Caldwell.

1:56 – 2:024 turns

UnidentifiedUnidentified speaker 18Proposed1:56:50 · ≈ 10:56 AM

Good morning, Chair, Supervisors. Jerry Shepard, 60-year resident of the Valley. Comments on the Chumash Hotel-Casino Expansion Plan, yours, the county's comments, the Governor's AG office which Supervisor Farr mentioned their letters and the letters from the community groups. They've all been consistent in their critique of the tribe's environmental evaluation which is it's inadequate in scope and detail, the failure to comply with NEPA and CEQA The obvious course, as called for in the Governor's letter is an EIS or an EIR.

I have nothing new to add in that regard. There is however one tangent that has consistently been brought up in community discussions not voiced publicly necessarily but perhaps should be. We are concerned and see the possibility that this entire proposed project is nothing more than a red herring. A project alien to the character of the valley, a visual nightmare, a project deliberately made so repugnant that our Board of Supervisors will accept mitigation of the project as trade bait for inappropriate development on the 6.9 acre parcel.

or perhaps in exchange for camp foreign negotiation generosity. If that is the true driving force behind the tribe's ridiculous expansion announcement, the community calls them on it and we call on our Board of Supervisors to continue to represent the entire community and county in their dialogue with the tribe. Thank you.

UnidentifiedUnidentified speaker 2Proposed1:58:47 · ≈ 10:58 AM

Mr. Caldwell to be followed by Doug.

UnidentifiedUnidentified speaker 19Proposed1:58:52 · ≈ 10:58 AM

Chairman Lavinino, members of the board. Andy Caldwell representing CoLab. I've given the same speech over and over for about the last 15 years. And that has to do with my firm belief that nothing's going to get better and nothing is going to be solved in the Valley until you establish a government-to-government relationship with the tribe as you have with other government entities.

You know, most communities' plans are guided by 20-year documents. And when the Sandiness Plan was going forward I raised the issue way back when about where's the plan for the Chumash Reservation and the Chumash business operations on that reservation? And the bottom line is living things want to grow. They either want to grow up or they're going to grow out. You're either going to have height, or you're going to have sprawl. The question is can you plan for it?

Years ago the county sponsored a seminar where they brought these people down from the Bay Area who were I'm going to talk a little bit about. Basically the supermen negotiators and their whole thing was on controversial land use projects. And the goal of the seminar was having to do with all the controversy that's always here in this county, and what they taught people is how do you don't have? How do you get people to the point of saying yes, I can live with that.

They may not be enthusiastic about it, but And you know, it brought up the point that pretty much everything is negotiable. Most things can be mitigated but instead the county but more so residents in the valley and elsewhere have decided to abandon negotiation mitigation in favor of litigation and I don't think I think millions of dollars are being spent, the animosity and acrimony are just continuing to grow and nothing's being accomplished.

So I wish you guys would bring those people back and that the county, and especially the third district supervisor. And Supervisor Farley just to be fair, I brought these points up to Supervisor Firestone too. My message has been consistent. I understand, I don't negate the fact that the valley has changed as a result of the casino operations. I don't deny that at all, nor will this project produces change. But the question is how can you accommodate it, mitigate it and minimize it?

And can you as the county supervisor help negotiate a real dialogue Because I think that, like I said, nothing's getting better. Nothing's being solved. Thank you.

CommentGeorge AlvarezProposed · by introduction2:02:02 · ≈ 11:02 AM

Thank you.

2:02 – 2:1413 turns

UnidentifiedUnidentified speaker 2Proposed2:02:05 · ≈ 11:02 AM

Doug Hertel to be followed by Susan Jordan and then we have one late slip in from Lanny Evenstein in Santa Barbara.

UnidentifiedUnidentified speaker 20Proposed2:02:16 · ≈ 11:02 AM

Chairman Lavardino and supervisors, thanks for letting us speak. Actually, Supervisor Farr brought up what I wanted to bring up and that is to be sure that staff and each of you supervisors have the letter from the Governor Brown's office. Incredibly good important letter for this project. And while we're speaking of governor's letters, I don't want you to forget Governor Schwarzenegger's More important because it goes to the heart of the matter. And so hopefully this is all your resources that you'll have when you work on this. And then, of course, the other thing is if there are negotiations and mitigations, hopefully it would be totally transparent.

These meetings should be transparent just like any other government meeting. So if you want I'll leave some of these extras for you. OK? Thank you.

UnidentifiedUnidentified speaker 2Proposed2:03:17 · ≈ 11:03 AM

Susan Jordan and then Lanny Evenstein in Santa Barbara who's our final speaker.

UnidentifiedUnidentified speaker 21Proposed2:03:22 · ≈ 11:03 AM

Hi, Susan Jordan, Director of the California Coastal Protection Network. I'm going to focus mostly on the water supply issue. But before I get started on that, I want to point out to you that this AG letter which was written at the behest, specifically stated in the letter, at the behest of the governor is an extraordinary letter. It's the first time that the Governor's Office has instructed the AG to comment on the situation in San Ynez. And I'm a little surprised that it doesn't seem like everybody has read it prior to this very important hearing.

The premise here is that the EE is insufficient. Not just how do you mitigate what they're trying to do, it's that it contains premises that are inaccurate or wrong. That's why the governor's office calls for an EIS. That's a very important statement. First of all, it says that the San Ynez Upland Groundwater Basin is in surplus. It's not. It is in overdraft. That statement appeared in their environmental assessment for Camp 4.

It also appeared in a comment letter on the EA by the Santa River Water Conservation District, and it also appeared in a Hastings Law Review Journal article that I sent all of you yesterday which I also hope that you read. It's very important, it lays out a theoretical legal strategy for this ban to expand Winters Doctrine rights not just to surface water which is what is adjudicated in California right now but to ground water. This is extremely important for you to understand.

Next, the EE contains a sentence that inappropriately declares that the tribe also retains federally reserved or winter's rights to the creek as well as the groundwater under the reservation. In fact, The Hastings Law Review Journal article specifically says that it does not extend to groundwater in California. Importantly, the AGs letter contains footnote number four which repeats that assertion.

Asserting rights over groundwater in an overdrafted basin is going to be a significant issue for the entire valley. Finally, I agree with staff that you need a cumulative impacts analysis on ground water. You need to include the additional, because what they say is if they don't get a will serve, they're gonna just drill wells and take the water out of the aquifer.

So you need to look at that, and you need to look at the water usage for Camp 4. And you need to look at all the impacts on groundwater in the San Ynez Valley. It's really very straightforward. I also want to end... You know, the AG's letter doesn't stop there. They look at other deficiencies. And actually, I think it's the first time the AG has written a letter since the tribal consortium complained about the AG writing letters on FETA trust. I also suggest that you look at the Pavley Bill, which got late amendments on tribal groundwater rights. And another amendment to try and clarify that, SB 1168 is probably going to get voted on in the next couple of days and it could have a tremendous impact on future water usage in this county. Thank you very much.

CommentGeorge AlvarezProposed · by introduction2:06:38 · ≈ 11:06 AM

Thank you.

UnidentifiedUnidentified speaker 2Proposed2:06:39 · ≈ 11:06 AM

Lenny Evenstein and Senator Barber's our final speaker.

UnidentifiedUnidentified speaker 22Proposed2:06:45 · ≈ 11:06 AM

Chair Lavagnino and members of the Board of Supervisors, I appreciate very much having the opportunity to address you. And to let you know of the strong opposition throughout Santa Barbara County to the proposal for a 12-story hotel in the San Yanez Valley. That's outrageous! And every single member of the Board of Supervisors should do whatever they can to see that that hotel is not built. It's an outrageous proposal and the Board of Supervisors should do whatever it can to see that it is not built. It may be the case that individuals feel there's nothing that can be done, it's hopeless but I don't believe that's the case at all. There are strong environmental arguments, there are strong safety arguments, there are water issues and there are many other issues that give you and other government agencies the opportunity to provide input on this issue With respect to the bulk that's proposed of the project, it would be approximately equivalent between the hotel and the parking structure and the casino expansion to six county administration buildings.

That's right, that four-story county administration building on Anna Pamu and Anacapa Streets Six of them is the bulk that is being proposed under this project. It's completely inconsistent with Santa Barbara County, it's unfair to the San Ynez Valley and it must be stopped and it is up to the Board of Supervisors to stop it. I think that individuals who try to frame this issue as being for or against the The Chumash tribe are not looking at this issue accurately. The question is what's the best interest of the San Ynez Valley and what's the best interest of the County of Santa Barbara? And to create a 12-story structure is something that people across Santa Barbara County should say, that's not acceptable. There's no way that project can go forward If need be, the people should take whatever actions are necessary to try to see that it doesn't go through.

I welcome the idea of increased coordination, cooperation and communication with the Chumash developers but it's something that there is no justification at all for a 12-story hotel in the San Ynez Valley to increase gambling and gaming operations. And I strongly hope that you'll do whatever you can to oppose the proposed project. Thank you very much.

CommentGeorge AlvarezProposed · by introduction2:09:43 · ≈ 11:09 AM

Okay, thank you. Does that close out our final speaker? Okay, I'll bring it back to the board. Supervisor Farr.

UnidentifiedUnidentified speaker 5Proposed2:09:53 · ≈ 11:09 AM

Thank you Mr. Chair. Well, you know first of all I'd like to say that if a project of this size magnitude with all the potential impacts that we've talked about today were proposed by anybody My comments and concerns would be the same. I think the community's concerns would be the same. This is a land use issue, and that is the basis for our concern for the impacts to the valley and to the surrounding county.

However, the concerns are exacerbated because this is a project on tribal land. It does not go through the local land use process. Clearly if it did, it would require a massive environmental impact report. It would go through all the levels of review. That the county has the policy consistency with the Santa Ana's community plan, and none of that is going to be happening here. This is our opportunity to try to get all those concerns expressed I think as I mentioned before, it's also concerning that we have existing impacts from the current casino and hotel operation that are not sufficiently mitigated.

And that the future of those mitigations are not for sure. So all these impacts are additive to that. Needless to say, I strongly support all of our staff's comments that have been listed. Any that have been heard today, whether it's the letters that we've received from the attorney representing the Santa Ana Airport Authority and the questions about FAA rules and requirements.

The letter from the governor via the Attorney General regarding the tower and The comments that we've received from Mr. Dahlstrom representing ID 1, that would be the water purveyor should all be reflected here. I wanted to respond to something that Mr. Caldwell said as far as in the community plan process and not planning for the tribe. And you know, the community plan process is a planning process for those properties that the county has land use authority over. And so we don't include and can't do land use planning for those properties that we don't have that control over. And that is not just of course the tribe's property in the valley, but also UCSB and Vandenberg Air Force Base. So the best we can do when they are proposing something as happened with UCSB in the Long Range Development Plan Is to try to sit down with county staff and discuss all of the impacts and the mitigations that we would like to see out of it.

And I see this process as being very similar to that, and so I think that we are trying to negotiate here and have a real dialogue between the county represented by the CEO's office and the leadership of the tribe. And so with that, I don't know if we're going to want to go through this list more specifically. But I think that staff has probably heard a lot of questions and comments and obviously I would be interested to hear what the rest of the board has to say too. Thank you Mr. Chair.

UnidentifiedUnidentified speaker 12Proposed2:13:38 · ≈ 11:13 AM

Well, I'm just wondering if CEO Miyasato can tell us what the plans are for transparency in that process of conferment with the tribe.

CommentCEO MiyasatoProposed2:13:51 · ≈ 11:13 AM

Supervisors to the chair, in our board letter we expressed that we would meet with the tribe and come back to your board with a report on the discussions. I'm your representative on intergovernmental relations and with the tribe I would be meeting with department heads or with representatives of the tribe to discuss the things that you're directing us to discuss this morning.

UnidentifiedUnidentified speaker 12Proposed2:14:11 · ≈ 11:14 AM

Okay so there's no public, this is behind closed doors someplace? No public access to the meeting?

CommentCEO MiyasatoProposed2:14:20 · ≈ 11:14 AM

There's no requirement there be public access to the meeting. We're having this discussion in open session for you to give me direction to discuss the issues, and I think they're all well covered in our documents. It's your board's direction but there's no requirement.

2:14 – 2:2011 turns

CommentGeorge AlvarezProposed · by introduction2:14:37 · ≈ 11:14 AM

Supervisor Wolf?

UnidentifiedUnidentified speaker 13Proposed2:14:40 · ≈ 11:14 AM

Thank you, Mr. Chair. I have a question again on the process. So if the AG and I'm assuming this is correct has recommended a comprehensive environmental study are we being premature at this time? In other words does that request take precedence over what we're doing now? And if so, should we just wait and see if that study is indeed going to be done? And then we can wait on this. Just wondering.

CommentCEO MiyasatoProposed2:15:16 · ≈ 11:15 AM

My recommendation is that we not wait given the requirements of the tribe in meeting with us. We've set a date to discuss this. Again, the compact is with the state. So I'm assuming they will be taking the state's comments And looking at them carefully, the state has requested fuller environmental review to fulfill the purposes of CEQA and NEPA. We'll be taking those comments back to the tribe but I recommend that we not wait and go forward having those discussions with the tribe based on your direction this morning.

UnidentifiedUnidentified speaker 13Proposed2:15:49 · ≈ 11:15 AM

Thank you, Mr. Chair. So I appreciate that. So going back to the next bite of the apple, I would appreciate though that we have another opportunity if the state is requiring it, that we go forward today as you're suggesting but that if they do a more in-depth EIS that we do have the opportunity to come back and look at that again.

CommentWilliam WagonerProposed2:16:16 · ≈ 11:16 AM

Chair Levine, Supervisor Wolf. I concur with supervisor, excuse me, with CEO Miyasato. I'll keep promoting her recommendation that we move forward with the opportunity to consult with the tribe and were the tribe to have a broader environmental review than the current EE, that should include further opportunity for public comment and we would be engaged with the CEO's office on providing that further comment

UnidentifiedUnidentified speaker 13Proposed2:16:44 · ≈ 11:16 AM

All right, thank you very much. Appreciate that.

CommentWilliam WagonerProposed2:16:46 · ≈ 11:16 AM

Thank you Supervisor Carbajal

CommentSanta Ana's ValleyProposed2:16:48 · ≈ 11:16 AM

Thank you, Mr. Chair. No doubt this project has some impacts but not to beat a dead horse any further but I still am a firm believer that if we had government-to-government dialogue perhaps we could have discussed this and other plans in advance and that would have been the proper venue. What comes to mind is that I think we want our cake and eat it too. We don't want to have the dialogue, but when this comes forward, it doesn't go through the county land use process.

And this is the only opportunity to give input which is what we're doing today. But again, I will stress that not having a government-to-government dialogue is a major loss of opportunity to really discuss the plans that the tribe has for the future, the concerns that the community has. The impacts of the county's concerned about and that's really the proper way and so I just reiterate my continued interest and concern that we don't have an established government-to-government dialogue which has not lent itself to the type of fruitful outcomes and agreements that otherwise we might be able to have with the tribe.

So I just reiterate that because I think today's a case in point There's concerns, but you're only giving input. And there was never an opportunity to sit down with the tribe to perhaps maybe not 12, maybe eight stories different things. Maybe status quo, maybe different approaches. But we never had the opportunity. We denied ourselves the opportunity to have that dialogue. And I just for the record want to reiterate that sentiment.

UnidentifiedUnidentified speaker 12Proposed2:18:53 · ≈ 11:18 AM

I just want to disagree slightly with Supervisor Carbajal's characterization. The compact envisions exactly the dialogue that we're going to engage in right now. So you could go off and do something that wasn't envisioned in the compact, but the compact is the law that we're working under and whether we agreed to do something else and were not able to make good on that in a different way is kind of at this point either spilt milk or milk still in a bottle, however you want to look at it. But I think we are following the rules of procedure that tribes all negotiated with the state at that time and maybe we don't like it at this point but it seems to be what it is and there you go.

Can

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CommentGeorge AlvarezProposed · by introduction2:20:03 · ≈ 11:20 AM

we let Supervisor Carbajal answer and then we'll go to you? Thank

CommentSanta Ana's ValleyProposed2:20:05 · ≈ 11:20 AM

you. I don't refute that we're following the process outlined in the framework of the compact, but I think like other communities have done through that dialogue they have been able to address a number of the issues included in developments such as outlining the compact. I just want to Supervisor Wolf.

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2:21 – 2:3012 turns

UnidentifiedUnidentified speaker 13Proposed2:21:08 · ≈ 11:21 AM

Thank you, Mr. Chair. So I'm going to follow up on Supervisor Farr's comments and just go down the list on perhaps additional mitigations and or questions that I have. So on the first one water resources, I'd just like some clarification From what ID 1, Mr. Dahlstrom had talked about and then the potential of the tribe drilling for water. Are they mutually exclusive? In other words if they don't get a can and will serve letter is there alternative to then drill their own wells?

UnidentifiedUnidentified speaker 14Proposed2:21:51 · ≈ 11:21 AM

Chair Levin, you know Supervisor Wolf. In the plan in the evaluation there are two options put forward in the evaluation for evaluation purposes one would be to source the water through ID 1 the other one was to use wells and to utilize the wells that are available to the tribe on the current reservation property

UnidentifiedUnidentified speaker 13Proposed2:22:15 · ≈ 11:22 AM

okay So I would suggest some language in the mitigation, given the fact that we now know that there's an overdraft. And if they do proceed with drilling their own wells, how would we mitigate for that? On the air quality, what we heard from Dr. Russell is that with this plan there would be This would exceed our county thresholds, so I believe that we need to look at mitigations for the increased traffic You know I could throw out some I mean but I think what they've done in the past is they've used shuttles, buses.

What are their plans to mitigate this 584 additional cars for their garage which we know will have according to staff an air quality impact? The hazards and hazardous materials I think we need to be clear on what the FAA is stating and make sure we understand that so that issue, and I think just in general the size of the tower will need to be mitigated to whatever is acceptable. You know I think perhaps the FAA will give us a determination on what is acceptable and that of course isn't I think we need to look at what the FAA is referencing. The transportation and traffic, as a mitigation.

So, Mr. Bozonich are you saying that an MOU that part of the mitigation would be an MOU so that we provide funds and or Caltrans provides funds as a mitigation?

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UnidentifiedUnidentified speaker 14Proposed2:24:43 · ≈ 11:24 AM

Chair Levin, Supervisor Wolf. The staff recommendation that came back was that there would be a cost sharing or fair share payment structure established given the roundabouts and intersections at several intersections along that state route corridor that then impact Not only roadways entering and exiting the reservation, but also for standing as residents that yes there would be some kind of a structure to mitigate those impacts.

UnidentifiedUnidentified speaker 13Proposed2:25:14 · ≈ 11:25 AM

So I would say that just given the development that we see in our communities, the mitigation is usually that the developer is responsible for mitigating the increased traffic. That's their responsibility so that would be a suggestion. rather than it be a fair share. The land use, population and housing again going back to the height of the tower. I think 3.10, the public service, You know, the sheriff is our sheriff and he's the one who will recommend to us how many deputies we need on the street. But he has said that we need additional resources just in general. It just makes sense to me that with this new facility that we will need additional sheriff deputies over and above what has been already noted at the present time.

And I think that is it for now.

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CommentGeorge AlvarezProposed · by introduction2:26:30 · ≈ 11:26 AM

OK, very good. Are you getting ready to make a motion, Supervisor Farr? Or is there additional?

UnidentifiedUnidentified speaker 5Proposed2:26:37 · ≈ 11:26 AM

Well, actually, I just wanted to make another comment One of the speakers said, made reference to several properties that the tribe is wanting to take into trust. The 6.9 acres across the street and Camp 4. And I just wanted to say that what we're looking at here is totally separate. from whatever the tribe may envision their projects are on those sites. If those move forward, those would be separate conversations. So I don't see that as entering into this discussion. That's totally separate and could be a conversation in the future.

I think that as an overall comment that if the size, bulk and scale which is the term that's normally used as it moves through a board of architectural review or a local land use process. If that as an overall comment we could make that the tribe considered doing that including the height of the tower, that would reduce a lot of the impacts that we're seeing in all of these different areas.

So I think just as an overall comment, that should be a request that we make. And I'm extremely concerned particularly about those impacts to public health and safety for the people that would be patronizing not only the existing operation, but the new buildings and also the potential impacts that could have on our first responders. So I really took to heart the letter from the fire department which detailed a lot of their concerns about the construction of the building and that it meets certain standards as well as all of the needs that the tower alone would require for additional staffing and equipment that we simply don't have. And obviously water supply is critical for public health and safety, so I just wanted to make those additional comments.

CommentGeorge AlvarezProposed · by introduction2:28:55 · ≈ 11:28 AM

Very good. And I also want to recognize tribal chairman Armenta is here today and I'm glad that you're here and heard the concerns of the board members, and I think we're both looking forward to fruitful discussions on Thursday. So if everybody's concerns have been heard, I'll entertain a motion. Supervisor Farr?

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UnidentifiedUnidentified speaker 5Proposed2:29:22 · ≈ 11:29 AM

Mr. Chair, thank you Well, I would go ahead and move that That staff include in their comments and in their negotiations with the tribe all of the comments received today In all of the letters from the various county departments from the Santa Ana's Valley Airport Authority And from the governor's office

CommentGeorge AlvarezProposed · by introduction2:29:48 · ≈ 11:29 AM

Okay Moved and seconded. All those in favor? Aye. None opposed. CEO Miyasato, you have your work cut out for you. So yeah. OK. Agenda management. We're going to knock out number two without taking a break so I can keep you all on schedule. Lunch is coming at 1210, so

UnidentifiedUnidentified speaker 2Proposed2:30:17 · ≈ 11:30 AM

we

CommentGeorge AlvarezProposed · by introduction2:30:17 · ≈ 11:30 AM

can't miss that. Can we? All right, let's go to item number two then.

2:30 – 2:5017 turns

UnidentifiedUnidentified speaker 2Proposed2:30:24 · ≈ 11:30 AM

Item number two is from the County Executive Office. It's a hearing to consider recommendations regarding responses to the grand jury report entitled Northern Branch Jail Opening Operating Costs. When will they build it? When they build it you'll pay. Okay

CommentGeorge AlvarezProposed · by introduction2:30:39 · ≈ 11:30 AM

very good Mr. Alvarez

UnidentifiedUnidentified speaker 23Proposed2:30:46 · ≈ 11:30 AM

Good morning Chair Lavineto, members of the board. Our next item is just that as mentioned it's the staffs recommended response to the Santa Barbara County grand jury's report. It's regarding the Northern Branch Jail when they build it you will pay. So the report summary is that the report was published in June 9th 2014 It examines the plan adopted by the board to fund the future operating costs of the North Branch Jail. And just to clarify, this is operating costs it's not construction costs and they have a particular focus on main areas are necessity of revenue growth, exercising fiscal discipline, preparation of alternative plans and monitoring by the board and the citizens.

So as a reminder, this is the current plan that is out there of how we'll fund the jail. I'm sorry, the jail operating funds and really it's this highlighted blue column in the middle here. This is the general fund contribution that will be made annually. We started at 1112 with $1 million increasing to 2, 3.3 and so forth. The idea being that whatever is put aside here will be put into the fund balance And that will continue to build until the time when the operating costs exceed the general fund contributions.

And so you can see that occurring in fiscal year 17-18, where we will be having a general fund contribution of 9.1 million and our need this is the year that the jail opens will be 10.5 and that's a combination of transitional costs and operating costs. So what happens is you've got a $1.4 million shortfall here, which will come out of the fund balance and that will start to draw this down until our general fund accumulates to a point where it can satisfy the need.

Okay? And then in summary, the grand jury's report is broken down into findings and recommendations. And the findings in summary are that staff agrees with findings number 4 and 5, partially disagree with findings 1B, 2 and 3, and disagree with findings 1A and 1C. And we'll be coming back to the details of all of these in just a second. And then if we look at the recommendations, the summary here is that we have staff has implemented recommendations 1, 2A, 3 and 4 We have not yet implemented but will be implementing recommendation number five.

And regarding recommendation 2B, we will not be implementing because it is not warranted. Finding number 1A, the current plan to fund the North Branch Jail operating costs is based on estimates of property tax increases of no less than 3.5% per year. And staff recommends that the board disagree wholly with this finding. The funding plan is not based on an estimate of 3.5% in property tax growth to satisfy the need of the operating fund.

The actual fund requires less than 1% growth, and that would be a discretionary general fund revenues which property taxes are major component. And then lastly, that property taxes are projected to be 2.7% to 3.5% growth so it's not really even projected to be 3. 5%. And the last thing I'll indicate is that that growth we're portraying is after the fire district tax shift has been taken out of those figures.

And so one of the points that's made throughout this present, the grand jury report is that we really need to disclose what the revenue growth is in terms of dollar and percentage growth. And then what the need of funding the jail operations is. So we wanted to point out this is a page B21 from our current budget book. And what it shows is exactly what the grand jury is asking for. These are the property tax revenues up here.

So you can see the year-over-year change. The percentages are shown down here, 2.3%, 3.1%, 2.5%. And then the amount of funds that would be available to fund the North Branch Jail and or other operating activities would really be in the total growth in discretionary revenues being $5.1 million in 14-15, growing to $8.1 million in the out year of 18-19 And that's 2.4% growth to 3.4 percent growth of everything, and my final comment here would be that as you're aware during the budget hearings at the end of last fiscal we did find out that the revenue growth was higher than anticipated. Those numbers are being worked through by the auditor controller now. We'll be coming back in the September-October time frame with what those figures are but they will be higher than the figures that are projected out here.

And then as we looked at the growth, we saw that on the prior slide the currently expected revenue for general revenues is $217 million next year. If we look at the required increment that's needed to fund the operations it's 1.3 million. And so if you take that 1.3 divided by the 217 million, it's less than one percent growth is what we're commenting on. It's not three and a half. In this case it's .6. In some of the other years it's .7 but it's roughly about .7. And I'd also point out that this is page B-22 of the budget book.

Additional information that the grand jury is requesting is also displayed here And I think one of the key points is that when we prepare the budget, we look at it in total. We don't look at individual pieces and say what's the impact of everything? So I think that's an important point here. What we try to do is show here's the growth and the revenue, and here's our general fund contributions. And then we show the incremental changes to all departments for salaries and benefits and healthcare costs and retirement. And then we break out the North Branch Jail. So I think we're complying with the spirit of what the grand jury is recommending within this schedule.

Finding number 1B is the plan is based on the Board of Supervisors exercise of discipline necessary to allocate roughly 28% of the property tax increases to the reserve fund through fiscal year 22-23. And the board disagrees partially with this finding, we agree that the discipline will be needed We do not agree with the 28% requirement of property tax growth. It's 26% of the property tax growth on the average for the period, it's 25% if we look at all general revenues and if we take out the fire district and adjust for that, it would really be 21%.

Finding number 1C, according to the results in figure 2, this is in their report. The probability of success of the Northern Branch Jail operating plan is most likely to be in the range of 50%-70%. And with this finding staff recommends that the board disagree wholly with the finding. The grand jury's assumption for success of funding the operations of the Northern Branch Jail Is a requirement of the minimum of 3.5% property tax growth, and we just saw that it will be less than that in the requirement for the jail itself is 0.6% or 0.7%.

And then secondly, we're saying here that it will be less than that 1%, and that's the reason for the disagreement with that finding. So I wanted to just display this. This was in our March work session with the board. It shows since 1980 what the secured property tax rule was, and these are percentage increases year over year. And this is the baseline here. So what this shows A is that we've never gone negative. We had one year that was below the 0.6 or 0.7 that will be necessary for the jail, and that was in 10-11.

Subsequent, we're starting to crawl out of this now, and we see that in 13-14 our growth rate was 4.3%. And at 1415, we haven't updated this yet but it's about 5.3. Finding number two.

CommentSanta Ana's ValleyProposed2:38:48 · ≈ 11:38 AM

So Mr. Chair, so this was an actuarial profile it would show that The closest we've come to being under Was the year that we had zero point zero six Point six

UnidentifiedUnidentified speaker 23Proposed2:39:04 · ≈ 11:39 AM

there was one year that we had 0.4. So in a year like that even though it

CommentSanta Ana's ValleyProposed2:39:08 · ≈ 11:39 AM

was one The grand jury has a point in one year out of 30 years where that's a possibility. And it's just slightly under the amount needed to be able to continue.

UnidentifiedUnidentified speaker 23Proposed2:39:27 · ≈ 11:39 AM

That is correct.

CommentSanta Ana's ValleyProposed2:39:27 · ≈ 11:39 AM

To be able to hit the target? That is correct. So pretty much with just being 0.2 off, the minimum that would be needed to continue to make our payments and that was one year that this happened out of 30 years? Correct. Okay thank you. Supervisor Wolf.

UnidentifiedUnidentified speaker 13Proposed2:39:46 · ≈ 11:39 AM

Thank you, Mr. Chair. Tom, I think you've done a really good job in pinpointing the numbers and going back to the grand jury with the accurate numbers. But I think the overall essence of...I don't think it's just that one year. I mean, if you look at the trend line we were going down and I think the overall concern from the grand jury was with that trend line going down how are you How are you going to continue to make that obligation without impacting other county departments? Because as you mentioned, this was coming out of discretionary funds and the trend line was going down. Less discretionary funds meaning it would impact other departments.

So anyway now we're seeing things I think it's going on an upward swing, and that's a good thing. But I think that is maybe the essence of the report.

CommentGeorge AlvarezProposed · by introduction2:40:57 · ≈ 11:40 AM

I'll piggyback on that a little bit. I think the essence of the report hits that is that we are going to be impacting other departments. We're spending $18 million a year that we aren't spending right now, so other things are going to have to kind of take a back seat a little bit and we have to get used to that. I also thought it was interesting they said that new supervisors might come on with other priorities.

You know, I think this is going to be our new reality. This is something that we've made a commitment to and so yes it's definitely going to impact other departments and you know I think that's a reality. Supervisor Carbajal

CommentSanta Ana's ValleyProposed2:41:41 · ≈ 11:41 AM

You know, you just mentioned something. I think that's always the reality with anything that county government does in the future is any new set of supervisors that supersede us could have a different set of priorities and they could easily say we're going to shut down half the wing or and certainly that's up to them but I think What was important for me in terms of what the grand jury was trying to say is to show the peril or the liability that we had financially. And I guess I'm somewhat Happy to see just when we look at the 30-year challenge, when we absolutely were upside down when it comes to meeting the minimum obligation. I think there's a lot more obligations obviously that you touched on that we would have to meet but what I also take some solace and comfort knowing is that we also have that rainy day reserve Which if we were to have two, three years bad years, we could use a little bit of that.

And still we wouldn't spend a significant portion of that reserve other than a small portion to be able to hit this. So I see that as a backstop for our challenges, although obviously we don't want to spend that reserve unless it's a real rainy day. But you know it does raise the issue for us and that is even though we are trying to have our reserve be at the standard outline for public agencies like ours, the ratio in relation to our general fund Nothing precludes us from also building that reserve a little bit beyond that and maybe calling the reserve is the rainy day reserve, but maybe building even a slightly broader rainy day reserve so

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CommentGeorge AlvarezProposed · by introduction2:43:42 · ≈ 11:43 AM

In the middle of a drop all right supervisor far

UnidentifiedUnidentified speaker 5Proposed2:43:46 · ≈ 11:43 AM

Thank you, Mr. Chair. I concur and I think that the grand jury is saying that if things don't go the way we are hoping that the board is going to need to exercise fiscal discipline here to get us through it. Well, the board always has to exercise fiscal discipline and I think that you know as you said Chair Lavin, you know You know we were really tested Over the past five years and we did what had to be done And we kept county government going and it wasn't easy and it wasn't happy and it was painful but but we did it and so You know I just think that is our responsibility. That's what we're elected to do every year, no matter what the revenues are and I think that we have proved that we can do it when times got really tough.

So if the picture that we hope is going to happen in the future doesn't happen then we will deal with it and I know we'll deal with it successfully.

CommentGeorge AlvarezProposed · by introduction2:44:55 · ≈ 11:44 AM

Absolutely. Sure would have been nice to have been a supervisor there in the early 80s when it was 21% increase. Mr. Alvarez, I think there's more but we could probably get through that pretty quickly. Certainly.

UnidentifiedUnidentified speaker 23Proposed2:45:07 · ≈ 11:45 AM

Go

CommentGeorge AlvarezProposed · by introduction2:45:08 · ≈ 11:45 AM

ahead.

UnidentifiedUnidentified speaker 23Proposed2:45:09 · ≈ 11:45 AM

So on the finding number 2, what we're – I'll just – I think we've all probably read these findings so I'll say that We do agree with the finding partially because the fire department will receive 25% of the growth. However, all the numbers that we're displaying, the fire department's already been removed from them so we find that not to be an issue and instead of being 50% available, we'll have 74% funds available.

Finding number three, we're recommending that reductions as a result of the Northern Branch Jail have not been necessary. So we're disagreeing partially with this finding. The Northern Branch Jail continues to be reviewed and discussed by the board in public so we bring this up several times throughout the year. Any potential future negative impacts of funding the Northern Branch Jail are not displayed in one document, but it's really across all departments within the budget process.

Finding number 4A regarding the county assessor appears not to have adequate expertise. The board agrees with the finding. One appraiser was added in 13-14. We also added $600,000 of ongoing general fund contribution to the assessor. We also made one time funds available During 13-14 there were significant vacancies within the Assessors Department. They've now filled those, they're starting to build expertise and will reevaluate their needs now that they are fully staffed as we go into 15-16.

The next one is that the county prominently display data graphically on our website, news media, on the reserve fund balance And so the recommendation has been implemented. The Northern Branch Jail Funding Plan does display this information on B29 of the budget book. We show the target and actual information as the same column. What we'll do for next year is we can break those down in two, so if there is any deviation from the plan it will be clearly highlighted on that.

Recommendation number 2A, that the county show both the annual property tax increase values and percentages over the prior year and communicate that. We're doing that in the budget book right now. We bring it up during fiscal issues as well. And so from some of those schedules we've looked at before, that information is all available. And here's just another look at that information. We're showing the percentage on the dollar increases.

We also show the amount of the jail necessary here. And then lastly on our funding plan, this is the amount they were talking about. They wanted us to display the fund balance and that's what we're doing here. We could add one column next year having one as the target and one as the actual. Recommendation 2B, that the county prominently display a graph similar to 5 on the county website and distribute it to the news.

Percentages of property tax increases allocated to public safety, sheriff and fire. What we're saying here is that will not be implemented because it's not warranted in the graph that they had. A third of the demonstration was to go to fire. Fire has already been taken out so that's not applicable. And then in terms of all other departments, what their general fund contribution is. We already display that so we're saying that this is not really necessary. Joe if you go to the next one? So this is where we show the display of, this is the general fund allocation. This is public safety at 124 million or 54%. And you can see all the other functional groups what they get and what we could consider doing is in this General County Program's 15.4 million.

This is the 14-15 budget. 4.6 million of that is set aside for the jail operating fund, so we could do that. Recommendation number three, that the Board of Supervisors communicate with their constituents at least annually concerning staffing and services cuts and revenue enhancements that are necessary. And the recommendation has been implemented. Staffing and service level reductions are always shown in the service level reduction information. The fiscal outlook report talks about this as well, as do the budget workshops and the hearings.

And the Northern Branch Jail is funded with new growth at this point so at this point there are no cuts to communicate. Recommendation number four, that the Board of Supervisors collaborate with the County Assessor to assure that their office has adequate capacity and so forth. So here I would say that we're already doing this. We have a process where we meet quarterly with the assessor.

The assessor will make his recommendations and requests. He'll present that at the budget workshops. He'll also present that during the budget hearings and your board will have a chance to understand and ask him any questions you have at that time. Recommendation number five Is that the Board of Supervisors update and publish the reference report to revisit options that could mitigate any shortfall in operating costs if and when the shortfall becomes apparent. This was a 2008 study, fiscal analysis of the Northern Branch Jail.

And I'd say that this is not yet implemented, but what we did here is we talked about those. We showed the funding options on the attached schedule and then on the last column to the right, we updated what those were. So I won't at this point go through those unless you have any specific questions on them?

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2:50 – 2:5620 turns

CommentWilliam WagonerProposed2:50:26 · ≈ 11:50 AM

Thank you. Chair Lavagnino, both for this item and also for the next grand jury report I'll just comment that when you're looking at these the text that's used in these proposed responses that these are really creatures of a pull-down menu provided by penal code section 933.05 as the staff report indicates so as you're looking at things that might not sound like plain English that's because those are

UnidentifiedUnidentified speaker 23Proposed2:50:54 · ≈ 11:50 AM

That concludes our presentation. If you have any questions, we're happy to answer them.

CommentGeorge AlvarezProposed · by introduction2:50:58 · ≈ 11:50 AM

Are there any speakers?

UnidentifiedUnidentified speaker 2Proposed2:51:01 · ≈ 11:51 AM

No

UnidentifiedUnidentified speaker 23Proposed2:51:01 · ≈ 11:51 AM

request to speak.

CommentGeorge AlvarezProposed · by introduction2:51:02 · ≈ 11:51 AM

OK. Supervisor Carbajal.

CommentSanta Ana's ValleyProposed2:51:04 · ≈ 11:51 AM

Mr. Chair, move to approve this item.

UnidentifiedUnidentified speaker 12Proposed2:51:06 · ≈ 11:51 AM

Supervisor Adam? Well I would like to second that but first I'd like to ask a question and make a comment. First of all maybe slightly off topic and probably for CEO Maesato we have a requirement by ordinance that 1% of the budget for all construction projects ends up in art I'm wondering if we can have a discussion about that. Because in this project, if you put the whole 1% into R, you got $1 million. That seems a little bit excessive to me. So maybe at some point we can bring back a de-agenda item and discuss whether or not that gets interpreted as our share, 1% of our share which is like 14 million, right?

More or less. I've done eight plus four. I think we've done $12 million so far. OK, so you're down to a much more manageable 120,000 or thereabouts? Is that what we intended? Because I wasn't here when that happened. Was that what we intended?

CommentGeorge AlvarezProposed · by introduction2:52:20 · ≈ 11:52 AM

Well, yeah, I've thought about this as well. And this is an ordinance that we've created and can be uncreated

CommentSanta Ana's ValleyProposed2:52:32 · ≈ 11:52 AM

You know, I think staff may want to look at this issue and just bring it back to us because one is the ordinance and whether we want to modify it or not. But two what has been our practice because the art community in the community at large worked with the county and other entities to just make sure that we had such an ordinance to promote investment in the arts. But I think our practice and the ordinance have been a little bit disjointed, and we just need to correct that which might get to what is the appropriate fair share of county government in light of previous practice and what we should do in this case.

UnidentifiedUnidentified speaker 12Proposed2:53:11 · ≈ 11:53 AM

And maybe we can just have that discussion, is what I'm asking for. Because I don't know that anybody ever envisioned a project that would be basically $100 million with you paying 10% of it. That's a huge project and I don't think anybody ever envisioned having to come up with a whole million dollars in one whack. Anyway, if we can have that

CommentGeorge AlvarezProposed · by introduction2:53:37 · ≈ 11:53 AM

discussion, that would be great. I just want to make sure the sheriff hasn't already bought a million dollar painting or anything for the jail. Couple of Van Goghs. They're at his house right now. CEO Miyasato. Safekeeping.

CommentCEO MiyasatoProposed2:53:52 · ≈ 11:53 AM

Supervisors to the chair, we can bring that item back to you as a discussion item on the 1% for Arts Ordinance Policy and how it applies to the jail project.

CommentWilliam WagonerProposed2:54:01 · ≈ 11:54 AM

I'll just add that as a context, the ordinance is a creature of the county's creation. You can leave it as it is. You can amend it as you wish. You have broad latitude on that policy call. Very good. And then you had something else?

UnidentifiedUnidentified speaker 12Proposed2:54:14 · ≈ 11:54 AM

Yeah my other comment was to finding four You know, I've always encouraged and I know Supervisor Lavinino has encouraged on a number of occasions projects to be approved. You know, i feel that it's really important in an ongoing way to broaden the base, broaden the tax base instead of waiting for appreciation to bring the value up of the current assets that are built in Santa Barbara County so As projects come before us, sometimes I think it's really easy for us to be critical and to shut off projects.

But I think we need to be maybe more open-minded about the projects that come before us so that we can build a base and you add to the value that way instead of just waiting for appreciating the assets that are here now. So that's my

CommentGeorge AlvarezProposed · by introduction2:55:19 · ≈ 11:55 AM

comment. Very good, do we have Supervisor Carpaul? Did you make a motion? I made a motion. Oh and you seconded it, okay. All those in favor? Aye. None opposed? Passes unanimously. So who is this? Is this from you? Okay, CEO Miyasato, let's go to this now.

CommentCEO MiyasatoProposed2:55:41 · ≈ 11:55 AM

Supervisor to the Chair, I was remiss after the last item on the agenda. I just wanted to take this time to actually thank Dennis Buzanich for his work on that last item and all his work with the county. Today is probably his last presentation before he flies away to another county but I just want to take this time to thank him publicly for all of his work. We are very appreciative.

CommentGeorge AlvarezProposed · by introduction2:56:03 · ≈ 11:56 AM

Supervisor Adams? Are

UnidentifiedUnidentified speaker 12Proposed2:56:07 · ≈ 11:56 AM

you

CommentGeorge AlvarezProposed · by introduction2:56:08 · ≈ 11:56 AM

sure he's not going to ride his bike? Well, Dennis on behalf of the board I'm sure we all feel the same way. You did a great job for us. We're going to miss you and but we know you're heading to a place that you're going to enjoy immensely so congratulations. Yes actually get to be with your family which is weird. He may be back All right, so we'll leave it up to the board's discretion. If your food is going to be ready in 10 minutes, do you want to keep moving?

Okay, let's go to item three.

2:56 – 3:0219 turns

UnidentifiedUnidentified speaker 2Proposed2:56:43 · ≈ 11:56 AM

Chair Lavnina, members of the Board, Item 3 is from the Executive Office. It's a hearing to consider recommendations regarding response to the 2013-14 grand jury report entitled Santa Barbara County Take Home Vehicle Use Clarify and Comply.

CommentGeorge AlvarezProposed · by introduction2:56:54 · ≈ 11:56 AM

All right, I think Greg Janus is going to be presenting today. Good afternoon. Through your

UnidentifiedUnidentified speaker 2Proposed2:57:02 · ≈ 11:57 AM

curveball.

CommentGeorge AlvarezProposed · by introduction2:57:17 · ≈ 11:57 AM

Yes, it is afternoon and you know what happens in the afternoon if I haven't eaten yet and my spaghetti is getting

UnidentifiedUnidentified speaker 24Proposed2:57:24 · ≈ 11:57 AM

cold. We'll try to speed it up for you. Well, then good afternoon Chairman Labagnino and members of the board. The purpose of this item is for your board to consider and adopt a response to the 2013-14 Santa Barbara County Grand Jury Report regarding take home vehicle use of county owned vehicles. Staff's recommendation for your board is to consider and adopt responses in attachment A as the Board of Supervisors' response to the 2013-14 Grand Jury Report entitled, Santa Barbara County Take Home Vehicle Use Clarify and Comply which is included as attachment B.

Authorize the chair to sign the letter included in attachment A and forward the letter and responses to the presiding judge of the Santa Barbara County Superior Court. And finally, determine that the proposed actions are not a project under CEQA. On May 30th, 2014 the Santa Barbara County Grand Jury released a report entitled Santa Barbara County Take Home Vehicle Use, Clarify and Comply.

The full report is included in your board packet as attachment D. This report investigates the county's take home vehicle policy and how it's implemented based on information provided by the CEO's office, general services and the sheriff's office, as well as interviews with staff members from general services and the sheriff's office. The report concludes the policy is unclear and its provisions are not uniformly enforced.

The grand jury report makes five findings, and includes five recommendations. Your board was asked to respond to findings in recommendations one through four. The sheriff's office was asked to respond to finding in recommendation three. And the auditor controller was asked to respond to finding in recommendation five. Both the Sheriff's Office and the Auditor-Controller have furnished their response to the grand jury, and those responses are included in your board packet as attachments C and D.

Over the next few minutes we will review the findings and recommendations your board was asked to respond to, as well as staff's proposed responses. In the interest of lunch and speed, we would just simply go back to the staff's recommendations to consider and adopt responses in attachment A as the Board of Supervisors response in a 2013-14 grand jury report.

Authorize the chair to sign the letter included in attachment A and forward the letter and responses to the presiding judge of the Santa Barbara County Superior Court, and finally determine that their proposed actions are not a project under CEQA. And of course we'd be happy to answer any questions on the specifics of that proposed response.

CommentGeorge AlvarezProposed · by introduction3:00:07 · ≈ 12:00 PM

Okay very good I do have a question and I guess it's for the, I guess the main focus was the sheriff's answering The grand jury as well, and then there's going to be an audit controllers report based on those take-home vehicles. And that's 80% of my understanding correctly. Will that audit controllers report come back to us or does it go to the grand jury?

UnidentifiedUnidentified speaker 24Proposed3:00:31 · ≈ 12:00 PM

The auditor controller in his response indicated that he would conduct an audit of the take-home vehicle use. It wasn't clear in his response on where that would actually go, I presume it would be reported to the board. Very good. Supervisor Farr?

UnidentifiedUnidentified speaker 5Proposed3:00:47 · ≈ 12:00 PM

Mr. Chair, along the same line it did seem like one of the core issues was the reporting of the Sheriff's Department and the need to balance that with a confidentiality that the department requires but it seemed like the report said that you found a path to navigate that so that some of the reporting could be more detailed but still protect the confidentiality of those people that had those take-home vehicles. Is that correct?

UnidentifiedUnidentified speaker 24Proposed3:01:15 · ≈ 12:01 PM

Mr. Chairman, Supervisor Farrar, that is correct. As part of the proposed response for the Board, General Services will come back to the Board with a revised policy for their approval and we will work with Auditor Control and the Sheriff's Office to ensure that that policy satisfies the Sheriff's concerns about public safety.

UnidentifiedUnidentified speaker 5Proposed3:01:31 · ≈ 12:01 PM

Great. Thank you. Thank you, Mr. Chair.

UnidentifiedUnidentified speaker 24Proposed3:01:33 · ≈ 12:01 PM

Supervisor Carbajal?

CommentSanta Ana's ValleyProposed3:01:36 · ≈ 12:01 PM

Mr. Pontes, who gases up the vehicles?

CommentMary BianchiProposed · by introduction3:01:42 · ≈ 12:01 PM

Supervisor Carvajal, through the chair. That would vary upon the different departments. The

CommentSanta Ana's ValleyProposed3:01:51 · ≈ 12:01 PM

carpool ones at the county administration building?

CommentMary BianchiProposed · by introduction3:01:54 · ≈ 12:01 PM

The carpool ones at the county administration building are fueled up by a fuel tender that comes by and tops those pool vehicles off

CommentSanta Ana's ValleyProposed3:02:01 · ≈ 12:02 PM

regularly.

CommentMary BianchiProposed · by introduction3:02:02 · ≈ 12:02 PM

What department does those? That would be General

CommentGeorge AlvarezProposed · by introduction3:02:05 · ≈ 12:02 PM

Services. Thank you. What time do they top him off? Apparently after Supervisor Carbaugh picked up his vehicle, Supervisor Adam.

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UnidentifiedUnidentified speaker 12Proposed3:02:17 · ≈ 12:02 PM

If I can ask Mr. Pontes a question, what do you think about putting GPS in vehicles?

3:02 – 3:0510 turns

CommentMary BianchiProposed · by introduction3:02:29 · ≈ 12:02 PM

Supervisor Adam, through the chair. The use of GPS is getting more and more popular amongst counties in California. We've seen an increase across a lot of fleets. There are definitely some pros and cons to implementation of GPS in county vehicles. One of the obvious cons is the cost. The cost of a typical active monitoring GPS system in a vehicle. There's installation costs of the infrastructure that would be about $300 worth of equipment, a couple hundred dollars worth of installation costs and then the active monitoring costs which are vary between $20 and $30 approximately a month per vehicle. So there are some costs associated with it.

I'm up on the information because we implemented policy like this in former county that I worked in, and there were some huge positive benefits to having GPS in the vehicles. One of them is employee safety, making sure that if an airbag deploys that we know that and the fleet manager can get a text message Another one is ensuring that from an operational area look, that you know where your fleet is operating. And you can make decisions based upon efficiencies and dispatching perhaps of maintenance vehicles if they're in the area already or safety from we had some departments In a former county that had concerns about knowing where their staff, they were interacting with the community in various departments left off at the end of the day if they weren't back by a certain time.

There were some other benefits that members of public would call and report a vehicle as speeding or driving erratically and we would be able to either verify that information and or refute it. So there's definitely a lot of pros and cons but I'm happy to bring back something to your board if you're interested in hearing some more about it.

UnidentifiedUnidentified speaker 12Proposed3:04:23 · ≈ 12:04 PM

Yeah, I would love to hear more about putting GPS in at least some of the vehicles if not all of them. And do I understand that sheriff's vehicles already have it? OK. So that would be nice to come back, I think for the agenda item.

CommentGeorge AlvarezProposed · by introduction3:04:44 · ≈ 12:04 PM

I thought they were already in there. What's that little black box in there then? That's just a black box in your car.

UnidentifiedUnidentified speaker 1Proposed3:04:50 · ≈ 12:04 PM

It

CommentGeorge AlvarezProposed · by introduction3:04:52 · ≈ 12:04 PM

does nothing. I always thought it was there, so we should just put fake boxes in and that'll keep everybody.

UnidentifiedUnidentified speaker 2Proposed3:05:01 · ≈ 12:05 PM

Yeah,

CommentGeorge AlvarezProposed · by introduction3:05:02 · ≈ 12:05 PM

it's much cheaper that way. Placebo boxes. All right. We have a motion. Moved and seconded. All those in favor? Aye. None opposed.

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UnidentifiedUnidentified speaker 2Proposed3:05:25 · ≈ 12:05 PM

This is going to

CommentSanta Ana's ValleyProposed3:05:26 · ≈ 12:05 PM

go fast.

CommentGeorge AlvarezProposed · by introduction3:05:31 · ≈ 12:05 PM

Okay, let's go. Then staff can leave as well. Our last item is item number four.

3:05 – 3:1615 turns

UnidentifiedUnidentified speaker 2Proposed3:05:47 · ≈ 12:05 PM

It's from General Services and Public Works and it's to consider recommendation regarding an ordinance amending chapter 12A of the county code

CommentGeorge AlvarezProposed · by introduction3:05:55 · ≈ 12:05 PM

Mr. Pontus.

CommentSanta Ana's ValleyProposed3:06:08 · ≈ 12:06 PM

Mr. Chair? Yes. When I was reading this item, Mr. Pontes, it was really hard for me to understand you outlined the changes but I didn't see the changes in the ordinance or the resolution either strikeouts and I'm wondering if it's not time sensitive and I don't know how my colleagues feel but I really want to understand what we're changing because when you say minor changes To provide, make some decisions without them coming to the board. I'm comfortable with that but I want to understand it a little bit more and the best way to understand it is through strikeouts of what you're proposing to delete, add or modify? And I didn't see that.

There was? Then I didn't have it unless, okay then I didn't have it so fine. I do have it. I'm sorry, it was buried. My apology.

CommentMary BianchiProposed · by introduction3:07:10 · ≈ 12:07 PM

No problem at all. Mr. Chairman, members of the board, today is the first Good morning and welcome to the public hearing of the ordinance amending chapter 12 a of the county code. So joint item with Public Works, Mr McGulpin is here also to answer any questions should you have any questions on. The public's work side of things purpose today's hearing to consider the proposed revisions of Chapter 12 A article one and two of the Santa Barbara County Code.

Item is scheduled to come back before your board on September 2nd with recommendation that So there are proposed revision shown on the handout that will provide a red line and strikeout version. The text on the final ordinance will be presented in September 2 meeting, and we'll include any other changes that your board directs us to today. So just to get your board familiar with this, Articles 1 and 2 of Chapter 12A of the County Code regulate the use of county property and describe certain procedures for the acquisition and disposition of various types of interest in real property. In addition to the copy of the red line or track changes of the version articles one and two you've also been provided with the ordinance including the text of the proposed articles one and two.

This PowerPoint will include a brief explanation of those provisions, describe substantive changes to 12A and provide reasons for those changes. You will see that there are numerous revisions to the wording of this section but we'll focus on the true substantive changes. So starting out with Article 1, Chapter 12A sets out requirements for the use of the county property. Several of the sections in Article 2 are based on the various provisions of California Government Code. The purpose of some of these provisions is to streamline real property acquisition and disposition processes by eliminating the need to go to the board, by delegating the authority to the Director of General Services and to Public Works to enter into very minor real property transactions that meet certain criteria.

Monetary limits in some of those provisions of the government code have changed And the authority granted by several provisions have a limit of five years, which has expired since the last time the board amended this portion of government code. County General Services staff drafted the revisions of Chapter 12A to address among other things increased monetary limits set forth in government code and the expired authorization in certain provisions of the current Chapter 12 A of the county code. The provisions were coordinated with Public Works and in the end approved by county council.

So Article 1 relates to the general use of county property by individuals, groups and organizations as opposed to leasing or licensing of county-owned facilities or office space. Or the use of county park property. The leasing of county-owned buildings, facilities and office space falls within Article 2. And the use of park property is governed by provisions of Chapter 26 of the County Code.

12 a one regulates the use of county property and describes County property is real property owned and leased by the county. It notes the General Services Department will manage the public use of those properties. The current version of 12A2 provides an exemption for, quote, senile dogs used by persons with impaired vision, end quote. The new amended version extends that exception to horses or other canine dogs used by enforcement personnel, service dogs assisting individuals with disabilities, or gives approval by the Director of General Services.

12A3 requires parties making the use of county properties or rallies or other purposes which are likely to attract large numbers of people to obtain permit within two weeks in advance. Supervisor

UnidentifiedUnidentified speaker 13Proposed3:11:02 · ≈ 12:11 PM

Wolf? Mr Pontus, we had talked about this and I just wanted you to clarify the presence of animals. The way it's written is that That ultimately you would be the one to give approval if someone wanted to bring an animal onto the premises. Let's say though that you had an employee who wanted to bring their dog, say, to work on the weekend. Could a department head give that authorization? I mean, I think that happens in the county and If that could still happen, or does this restrict that? And if it restricts it, do we need to change it?

CommentMary BianchiProposed · by introduction3:11:58 · ≈ 12:11 PM

Supervisor Wolf through the chair. I'm going to ask Mike Gazzone, our council, to answer your question completely.

CommentWilliam WagonerProposed3:12:05 · ≈ 12:12 PM

Chair Lavagnino and Sue Razorwolf. So the change concerning section 12a2 Does the changes do not actually change the current restriction against animals generally in the building? However, if the board wanted to make clear the authority of a department head To do that an easy way to do that in this first reading If you want it to allow discretion to allow non Animals other than those assisting disabled persons Then you could insert the words. I'm about to say at the end of the current or of the marked up 12a2 Right now there are words in there that says or otherwise where signs have been posted expressly permitting their presence and if the board wanted to retain or or make clear some discretion for the general services director or department head a then you could between the word posted and expressly insert the words by the general service director or their designee.

And that would clarify that Mr. Pontes, his successor, his staff, or as further delegated would be able to allow the presence of animals other than for assisting persons with disabilities.

UnidentifiedUnidentified speaker 13Proposed3:13:21 · ≈ 12:13 PM

All right, I appreciate that. And that will be my recommendation when the time comes. And Mr. Pontus you were just also starting to talk about the rallies and some other similar gatherings. And this was something else that we talked about and I suspect that this is also a legal issue because as you know In the South County, there are oftentimes impromptu rallies at the courthouse. It's often called the free speech zone under the arch or on the steps of the county building people will gather.

I know here at this county building we've seen gatherings or rallies. So in those instances Mr. Gazzone These, obviously again they're more impromptu and they wouldn't have that opportunity for a two week permit. So how do we allow for that public impromptu speech? Do we have to designate places?

CommentWilliam WagonerProposed3:14:27 · ≈ 12:14 PM

Chair Labadino and Supervisor Wolf. So again in section 1283 that does not mark a change from the current ordinance, however your point is well taken that the arch area of the courthouse on Anapamu has been used for speech whether rallies or significant announcements And the county has not previously designated a quote free speech and quote area But within this section it would be possible to add any sentence At the end noting that this section shall not require a permit for political speech Or political rallies lasting less than one hour or less. We could work on that, but if you tell me what you want we can give you a sentence while you're here and make that happen in the first reading.

UnidentifiedUnidentified speaker 13Proposed3:15:21 · ≈ 12:15 PM

OK, and I know Supervisor Carbajal looks like he has a question. But I think we're on the right track.

CommentGeorge AlvarezProposed · by introduction3:15:26 · ≈ 12:15 PM

Supervisor Carbajl?

CommentSanta Ana's ValleyProposed3:15:28 · ≈ 12:15 PM

I want to concur with Supervisor Wolf. Also, I think you get impromptu gatherings as Supervisor Wolf has outlined. But I think as long as within that time frame they're not committing any nuisance. So maybe we may want to say unless otherwise creating a nuisance where you have something terribly going wrong The gathering, which will give us the opportunity to address that issue. But at the same time allow for that flexibility to just let people as long as there's nothing going on have the right to assemble and what have you. But I think the key word is a nuisance. There could be a time when something has gone really bad but I think it should be flexible so that people have the right to assemble and have free speech provided there's no nuisance.

CommentGeorge AlvarezProposed · by introduction3:16:14 · ≈ 12:16 PM

Supervisor Wolff?

UnidentifiedUnidentified speaker 13Proposed3:16:16 · ≈ 12:16 PM

Well, I was just going to comment on the time limitation. At first glance, I thought oh that's a good idea. But I don't, so I leave that up to you legally. I'm assuming we can put limits on that. If we can, I would suggest 90 minutes though.

CommentWilliam WagonerProposed3:16:35 · ≈ 12:16 PM

Chair Levin, Supervisor Wolf. Absolutely in this area of First Amendment regulation reasonable time place manner restrictions are allowed and reasonable is going to be whether it's 60 minutes or 90 minutes you would have that ability and we could in fact if we as we're going through this I'm gonna start crafting a sentence that could be inserted and taken care about this first reading

3:17 – 3:2313 turns

UnidentifiedUnidentified speaker 12Proposed3:17:05 · ≈ 12:17 PM

Okay. I'm sorry, Supervisor Adam. Yes, I'm sorry I wasn't jumping up and down. What role does the city of Santa Maria or Santa Barbara have in law enforcement? I mean, the courthouse is in the city of Santa Barbara. And this building is in the city of Santa Maria. Are we in our jurisdiction saying what can occur in either one of those venues?

CommentWilliam WagonerProposed3:17:46 · ≈ 12:17 PM

Chair, let me know answer razor Adam. Yes, you are within your ability to regulate County owned property All right. Thank you

CommentMary BianchiProposed · by introduction3:17:55 · ≈ 12:17 PM

Okay, mr. Chairman moving along section 12A-4 talks about general services issues permitting for county property. We have developed special use permits that generally apply to county property tailored to meet various location needs. Examples of this would be law and poke veterans, historic courthouse, the Santa Barbara Veterans Building, those kind of facilities. 12A5 requires possession of a permit on presence by the permit holder during an event.

And we retain specific contact information for each permit holder in case we need to contact them throughout the event. 12A6 prohibits overnight occupancy and temporary dwelling on county property except for in parks or other facilities where overnight camping is prohibited, and except for firemen, law enforcement personnel, and other persons whose duties require them to stay overnight on county property.

Section 24, 5.3 of the County Code does provide an exemption for overnight dwelling on certain county property pursuant to a valid agreement with the county and a responsible contacting party. So moving right along to Article 2 addresses the real property procedures that apply to the county's acquisition and disposition of interests in property, including leasing and licensing.

Some of the section headings have been revised, replaced, and reorganized to provide for a clearer understanding of the requirements and procedures. 12A7 notes the purpose of Article 2 is to describe procedures for the county's acquisition and disposition of various interests in county real property.

CommentGeorge AlvarezProposed · by introduction3:19:27 · ≈ 12:19 PM

Matt? Supervisor Farr has a question.

UnidentifiedUnidentified speaker 5Proposed3:19:30 · ≈ 12:19 PM

I'm sorry. I looked down for a moment, and you'd already passed the section I had a question on. So Mr. Pontus, we need to go back. The new language, and I have to say I marked up the red line version. So under Section 12A-4, the issuance of permit So it says that the County's General Services Department is, you know, is the one to do this. And then the original language which wasn't changed says which may consult with other appropriate county and city agencies to determine reasonable conditions.

I'm just wondering whether the main needs to be changed to a shall? Because we've had an issue in the past which I think has been worked out about the siloing of permits granted by various county departments, whether it's general services or public works or planning and development. And they may all come together in one kind of an event but in the past one part of the county didn't know what the other part of the county was doing. So I'm just wondering whether if we change that May to shall, that would for sure strengthen that collaborative process which I think is going on now for some of these kinds of permitting.

CommentWilliam WagonerProposed3:20:46 · ≈ 12:20 PM

Chair Labadino and Supervisor Farr, you could do that. You also could provide latitude by keeping it at May and just asking CEO as a policy matter to strive towards that. And I think that might give you more latitude

UnidentifiedUnidentified speaker 5Proposed3:21:02 · ≈ 12:21 PM

More latitude in what way? Because some of them wouldn't require consultation.

CommentWilliam WagonerProposed3:21:07 · ≈ 12:21 PM

There would be some situations where the CEO might determine as a resource matter that that matter did not require consultation, and she would be just exercising her authority that way.

UnidentifiedUnidentified speaker 5Proposed3:21:16 · ≈ 12:21 PM

OK, CEO Miyasato.

CommentCEO MiyasatoProposed3:21:18 · ≈ 12:21 PM

What do you think? Supervisory Chair, I like your idea of ensuring that we consult. My only worry is that if it's timely and there's a shall and we shall consult with cities, that may hold us up in some respect. So I think I can work with General Services to ensure that consultation occurs. I'm just worried that if we make it a mandatory thing, it might hold us up in some situations that would be unwarranted.

UnidentifiedUnidentified speaker 5Proposed3:21:45 · ≈ 12:21 PM

Okay, I'm convinced. We'll leave it alone. And then I want to go down to section 12A-6, the overnight occupancy. You know we, I think still have contracts the county does with programs like New Beginnings for the overnight parking program in county parking lots. So I'm assuming that the language here that says Unless there's specific written permission or authorization from the Board of Supervisors covers that so there's not a blanket prohibition here for us being involved in those kinds of programs.

CommentMary BianchiProposed · by introduction3:22:25 · ≈ 12:22 PM

Supervisor Farr through the chairman. We believe it does, yes. That would be what we would call a valid agreement between the county and that responsible party.

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UnidentifiedUnidentified speaker 5Proposed3:22:32 · ≈ 12:22 PM

OK. Now I've caught up to you with 12A-7 where you've added real property interest belonging to the county or its dependent special districts. And when we talked about this item before and I had a whole laundry list of concerns when it was going to come to the board before It was how we're defining dependent special districts and what does that mean. So can I, can we have a clarification of kind of what we're talking about there?

3:23 – 3:2817 turns

CommentMary BianchiProposed · by introduction3:23:05 · ≈ 12:23 PM

Supervisor Farr through the chair, I'd ask council to give us that

CommentWilliam WagonerProposed3:23:09 · ≈ 12:23 PM

definition. By state law a dependent special district distills down to one where the Board of Supervisors is actually the governing body And the common way to fail into the board becoming the governing body would be if terms are appointed, excuse me, if the people in this special district who otherwise would be governing do not have fixed terms. If that's at all helpful. Actually

UnidentifiedUnidentified speaker 5Proposed3:23:42 · ≈ 12:23 PM

it's not.

CommentWilliam WagonerProposed3:23:42 · ≈ 12:23 PM

All right so it does not include things like cemetery districts.

UnidentifiedUnidentified speaker 5Proposed3:23:46 · ≈ 12:23 PM

That was one of my questions.

CommentWilliam WagonerProposed3:23:47 · ≈ 12:23 PM

So a cemetery district would not be an example of a dependent special district? An example of a dependent district could be, for example, the Flood Control District property regulated by the Flood Control District by sanitation facilities. But it's the ones for which the board is actually the governing body.

UnidentifiedUnidentified speaker 5Proposed3:24:08 · ≈ 12:24 PM

Okay, thank you. All right I think I've caught up to you now Mr. Pontus

CommentMary BianchiProposed · by introduction3:24:17 · ≈ 12:24 PM

Okay, we'll go to 12A8 is the procedure for leasing out of county property to other entities that shall follow as described in sections 25526 to 25535 of the California Government Code. And sections 12A-9 through 12A10.3 set forth the guidelines and procedures for several exemptions to standard requirements for leasing out county property to outside entities.

12A-9 is provided for by government code section 25536, and it allows for concession lease and management agreements to be entered into by a four-fifths vote of the Board of Supervisors without complying with other provisions of government code. It applies to airports, vehicle parking, fairgrounds, beaches, parks, et cetera. As an example, the Santa Ana's Airport Authority, the Boathouse Restaurants, and other park concessions would fall under that.

12 a 10 reflects the provisions of government code section 2, 5, 5 3, 7, authorizes the director general services or the director public works to lease license. An estimated monthly rent not exceeding $10,000.

CommentGeorge AlvarezProposed · by introduction3:25:36 · ≈ 12:25 PM

Supervisor Adam?

UnidentifiedUnidentified speaker 12Proposed3:25:38 · ≈ 12:25 PM

Mine is a little bit different than this one. Am I jumping ahead here? Yes, I am.

UnidentifiedUnidentified speaker 5Proposed3:25:48 · ≈ 12:25 PM

Okay, Mr. Pontus, so this is where I want to be clear on what the change is. So if I'm reading it correctly in 12A-10, the old terms were that you had the authority for leases and amended leases up to three years and $2,500 a month in rent. Is that correct? And now we're moving to expand that so that you would have the ability to lease for up to 10 years and $10,000 a month.

Okay, well let me just tell you a concern I have and I don't know if it's shared by any of the rest of the board. Three years and $2,500 a month seems too low but 10 years and $10,000 a month seems to high and it's not really so much the dollar amount as it is the length of term. I think that a ten-year lease is a long time. And this is in no way to question your good judgment. But I think that a lease term that long is kind of a long time to not be something that would come to the board or have a wider discussion than just under your purview.

CommentMary BianchiProposed · by introduction3:27:17 · ≈ 12:27 PM

Supervisor Farr, through the chair. Can I make a clarification? The previous authorization was for five years and $7500 and the state changed their code to reflect ten years, $10,000 so the current authority today prior to adopting any changes here is again five years and $7500.

UnidentifiedUnidentified speaker 5Proposed3:27:38 · ≈ 12:27 PM

OK, so where are we finding that? Because I'm looking at the strikeout under the old version. And that's what says three years and $2,500 a month for new and amended. And then this 10,000 ten-year language seems to follow immediately after that.

CommentMary BianchiProposed · by introduction3:27:58 · ≈ 12:27 PM

Supervisor Farr through the chair, I've just been informed that we had it right all along. It was three years, $2500. And the proposed in this particular version is 10 years. $10,000 perhaps a middle ground for 5 years and $7,500 per month that would be consistent with us leasing property for county use which will be the next.

UnidentifiedUnidentified speaker 5Proposed3:28:30 · ≈ 12:28 PM

I like that idea. I like the consistency and I particularly liked the shorter term. I think that you know five years is probably more appropriate. I don't know about how the rest of the board feels but I'm much more comfortable with that.

UnidentifiedUnidentified speaker 12Proposed3:28:43 · ≈ 12:28 PM

Yeah I would support it. Supervisor Ann? I would support a shorter term

CommentGeorge AlvarezProposed · by introduction3:28:49 · ≈ 12:28 PM

Okay,

3:28 – 3:3510 turns

CommentMary BianchiProposed · by introduction3:28:58 · ≈ 12:28 PM

also should be noted that the supervisor whose district the property is in and the public will be provided with notice of intent to grant the lease or license in accordance with applicable state courts. So moving on to section 12A-11. It's provided for government code section 25350.51, it authorizes the directors of general service and public works to lease property for use by the county of a term not to exceed five years and rent not to exceed $7500 per month and provided that the notice of intent is provided to the public.

And in that case it was raised from three years $2500. It also authorizes directors to amend real property leases or licenses for improvements or alterations with a total cost not to exceed $7,500 provided that the amendment does not extend the term of the lease and that with no more than two amendments does not exceed $77,500 each. Notice of intent shall also be provided to the public.

Section 12A 10.1 authorizes the directors of Public Works and General Services to convey easements, licenses and permits to other public agencies to use county real property upon the terms and conditions described by the director provided the director finds the conveyance is in the public interest and that the interest in land will not substantially conflict or interfere with the county's use of the property

UnidentifiedUnidentified speaker 5Proposed3:30:34 · ≈ 12:30 PM

Mr. Chair, thank you. Just to be consistent I had the same concern about this as I did earlier about the general services and the may shall language about consultation with other departments. I know that there are a lot of cases where Mr. McAulpin makes decisions about easements on encroachments and they are very minor but again I think that we have gotten into situations He's asked to allow something, an event that is going to affect both planning and development and perhaps general services. So I just want to reiterate again my concern that all the departments are consulting on any kind of major permit request.

UnidentifiedUnidentified speaker 12Proposed3:31:16 · ≈ 12:31 PM

Supervisor Adam. I was kind of wondering who determines that it's in the public interest? And is there a protocol for doing that, or is there some kind of definition of public interest or something? Or is that just discretionary?

CommentWilliam WagonerProposed3:31:39 · ≈ 12:31 PM

Chair Levenino and Sir Razor Adam, I think probably the shortest way to think of that would be that in the public interest is the opposite of a gift of public funds. Which is prohibited by the California Constitution.

UnidentifiedUnidentified speaker 12Proposed3:31:56 · ≈ 12:31 PM

It may take me awhile to come to grips with. Supervisor Wolff?

UnidentifiedUnidentified speaker 13Proposed3:32:00 · ≈ 12:32 PM

Supervisor Farr, are you suggesting that we go back to the original language from or to and? Was that what you were suggesting? About which section, Supervisor Wolff? 12A10.1

UnidentifiedUnidentified speaker 5Proposed3:32:25 · ≈ 12:32 PM

No, again I'm concerned about collaboration on permits that are granted from various departments. And they don't know what's going on. So I mean, I'm OK with the existing language. I just want to reiterate again that the CEO knows that the department heads need to be talking to each other when big permit requests come in. For example, planning and development could get a special events permit for something in the San Ynez Valley that would actually impact the streets and highways or vice versa. And sometimes people come in and even though there's a checklist they don't necessarily contact all of the different departments so I just want to make sure we have a real seamless process

UnidentifiedUnidentified speaker 13Proposed3:33:14 · ≈ 12:33 PM

here. And I appreciate that Supervisor Farr because I know that's also been a problem in my district trying to get the departments together. And I think you did mention, Mr. Pontes, that we have a system in place or maybe and Mr. McLaughlin, I think you're aware of that as well when we get these special event permits to have all of you folks sit down together make sure Everyone's on the same page.

UnidentifiedUnidentified speaker 25Proposed3:33:40 · ≈ 12:33 PM

Sure, and Mr Chair, Suvaza Wolf, Suvaza Farr, absolutely we have the special events permit process that we work through the CEO's office where we all come together and talk about the requests that we have to make sure nobody is overlapping or stepping on other departments jurisdictions And then specifically, Supervisor Farr, you had mentioned earlier about relinquishing easements. We do have a process where we notify other departments. We also notify utilities in the area as well before we do that because we don't want to lift our public easement and accidentally lift up public utilities but at the same time so we have a pretty extensive process there and we work with Mr. Grady's group on that.

And I think on Supervisor Adams' question on potentially the public interest, sometimes we have road right-of-way that's wider than it's needed. So we would relinquish some right-of way in this specific section, I think deals with public agencies. For instance if we were going by a school in Los Alamos is a good example where our right of way is like 80 feet wide. We don't need that much right away so there's some liability having that much right away and we're going by a school Relinquish them right away to the school and they could get a bigger play yard for the kids, what have you. So I kind of see that as a potential example for that section. Hopefully that's helpful.

UnidentifiedUnidentified speaker 5Proposed3:34:59 · ≈ 12:34 PM

And Mr. Chair, if I could just comment on that. You know, if there's some notification to the district supervisor's office about that, that would be helpful because sometimes we hear constituent concerns or there's other issues going on in the community and so it's not just a collaboration with the county departments but I think that the supervisorial office needs to be notified as well in case they have some additional information That they can contribute that says, yes we think this is a good idea or no there are other things at play here that we want you to know about.

3:35 – 3:4218 turns

CommentMary BianchiProposed · by introduction3:35:41 · ≈ 12:35 PM

Okay, moving on. Section 12A-10.2 authorizes Director of Public Works to issue written permits for certain uses of county highways and right away pursuant to the Streets and Highways Code except in franchise agreements. Section 12A- 10.3 permits the Board of Supervisors to make county property available to public agencies or nonprofit organizations to offer programs meeting social needs of the county provided that property isn't needed for county purposes during that term.

Section 12A11.1 authorizes General Services Director and Public Works Directors to acquire real property interest for the county for a total cost not to exceed $2,500. Notice of intent will be provided to the supervisor whose district the property is in and to the public. This provision is intended to address very minor property interest acquisitions, such as easements for sidewalks, sewer lift stations, et cetera. The authority is granted by 12A-11.1 is valid only for five years.

CommentGeorge AlvarezProposed · by introduction3:36:54 · ≈ 12:36 PM

Supervisor

UnidentifiedUnidentified speaker 5Proposed3:36:55 · ≈ 12:36 PM

Farr? Yes, I'm sorry Mr. Chair. The language in 12A-11 says five years and not to exceed $7,500. Not $2,500 which is fine and that was what we were talking about before as being consistent if we made the change in the other section to five years and $7500. I think it's this is 12 a dash 11 and then the 2500 is 12 a dash 11.1.

CommentMary BianchiProposed · by introduction3:37:29 · ≈ 12:37 PM

That's correct. You have that right? Thank you. Questions. Mr Chairman, Is there any more questions

UnidentifiedUnidentified speaker 13Proposed3:37:52 · ≈ 12:37 PM

We do have some language changes, so maybe we can hear that.

CommentWilliam WagonerProposed3:37:56 · ≈ 12:37 PM

Did we get all those? So I was tracking, I believe three requested changes and with your permission, I'll just go through those as we go so that the motion if somebody wanted to move this item with the changes I'm about to read to you would be to move staff's recommendation with the following changes proposed by County Council just to keep it simple and we provide that information to the clerk of the board. So I'm tracking three changes that have been discussed by the board at section 12A2 in the final clause that currently reads or otherwise where signs have been posted expressly permitting their presence, the final clause of the final sentence That would now read or otherwise where signs have been posted by the general services director or their designee expressly permitting their presence.

That was in response to Supervisor Wolf's question at 12 a 3 Concerning permits You could accomplish what Supervisor Wolf had discussed by inserting immediately before the sentence in the first paragraph which currently reads, The county may impose reasonable conditions upon all such permits including but not limited to the following colon. If you were to insert just before that The sentence, this section shall not require a permit for impromptu gatherings lasting 90 minutes or less along the west side of the Santa Barbara County Courthouse on Anna Pamou Street in city of Santa Barbara. But the county retains its full authority to prevent gatherings that become unsafe or otherwise present a public nuisance.

And I think I left out a the in that sentence but we'll put that in.

UnidentifiedUnidentified speaker 13Proposed3:39:54 · ≈ 12:39 PM

So that's only allowing the archway under the courthouse?

CommentWilliam WagonerProposed3:40:01 · ≈ 12:40 PM

A little broader than the archway. It is

UnidentifiedUnidentified speaker 13Proposed3:40:03 · ≈ 12:40 PM

at the west side. But what if someone, what if they want to do it here or at the steps of the county building? Could it just be more broad?

CommentWilliam WagonerProposed3:40:13 · ≈ 12:40 PM

Yes, I think that the devil in the detail would be and we can certainly do this right now for you. But if you wanted to have it be the courthouse, the county administration building in Santa Barbara and the County Administration Building in Santa Maria, we could actually do that but I'd recommend just me reading that back so that I captured it accurately for

UnidentifiedUnidentified speaker 13Proposed3:40:32 · ≈ 12:40 PM

you. I think that sounds better to me It's not quite as restrictive and Westside. Anyway,

CommentSanta Ana's ValleyProposed3:40:44 · ≈ 12:40 PM

I like that change. You know something just came to mind and I think you said it so I think it's covered unless posted by the general services director and the only reason I touch on this is that sometimes we allow for weddings or a certain brief ceremony. I'd hate for us to allow a ceremony in the archway And somehow the public gatherings in that particular instance trumped that. So we ought to cover ourselves now so that, again if you're posted or we have an agreement with a wedding party, we don't have this conflict but your ordinance says this and then we have a conflict ourselves. As long as I think the procedures cover it, that's fine.

CommentWilliam WagonerProposed3:41:29 · ≈ 12:41 PM

Chair Carbajal, I think that the language I'm giving would provide enough discretion for the county to avoid that. I

CommentSanta Ana's ValleyProposed3:41:35 · ≈ 12:41 PM

just didn't want to put ourselves in a predicament where then we go about allowing some couple to get married in the archways and then there's an impromptu gathering and we can't tell them now because we have some conflicting policy.

CommentWilliam WagonerProposed3:41:48 · ≈ 12:41 PM

So I think that I would be able to address Supervisor Wolf's last comment by just proposing that the change to 12A3 would be the insert sentence, a little bit different. This section shall not require a permit for impromptu gatherings lasting 90 minutes or less along one, the west side of the Santa Barbara County Courthouse on Anapumu Street in the city of Santa Barbara two, On the grounds of the county administration building in Santa Barbara. And three, on the grounds of the county administration building in Santa Maria, but the county retains its full authority to prevent gatherings that become unsafe or otherwise present a public nuisance.

UnidentifiedUnidentified speaker 13Proposed3:42:31 · ≈ 12:42 PM

So not to be picky, but what if someone was on the courthouse steps looking out toward the sunken garden? Is that the west side? Is that considered the west side?

CommentWilliam WagonerProposed3:42:45 · ≈ 12:42 PM

I would consider it at the west side. Yes.

UnidentifiedUnidentified speaker 13Proposed3:42:46 · ≈ 12:42 PM

Thank you

3:42 – 3:4514 turns

CommentWilliam WagonerProposed3:42:49 · ≈ 12:42 PM

And then the third proposed change that would address Supervisor Farr's question would be at section 12 a 10 Please bear with me for one second. And that would be changing the term for a duration not exceeding 10, open parenthesis, 1-0 close parenthesis years and replacing that with the term for a duration not exceeding 5, open parenthesis number 5 closed parenthesis years.

And that is all.

UnidentifiedUnidentified speaker 12Proposed3:43:31 · ≈ 12:43 PM

Supervisor Adam? So moved. The staff recommendations as amended by

CommentGeorge AlvarezProposed · by introduction3:43:38 · ≈ 12:43 PM

Mr. Gazzone. Moved and seconded, all those in favor? Aye. Opposed? Passes unanimously. That brings us to the end of our Board of Supervisors meeting. Actually not the end of the meeting we're moving to closed session. Mr. Gazzone.

UnidentifiedUnidentified speaker 5Proposed3:43:53 · ≈ 12:43 PM

No, I'm sorry Mr. Chair we just did that motion and that last correction I think wasn't totally right the five years was right but the dollar amount was in 10,000 it was 7500 to match the later section that said five years and 7500 to make it consistent so

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CommentWilliam WagonerProposed3:44:15 · ≈ 12:44 PM

So Supervisor Varsar, I understand that at 12.810 your request should be five years and $7,500? Correct.

UnidentifiedUnidentified speaker 5Proposed3:44:25 · ≈ 12:44 PM

And that's the same as it appears in a later section so that it's consistent. And so I would make a motion to slightly amend that to read five years and 7,500 rather than five years and 10,000.

CommentWilliam WagonerProposed3:44:41 · ≈ 12:44 PM

So we just forget who made the motion the first time I did. Okay, is that fine? Yeah, that is fun right so with that We understand that it will mark that up and bring it back for the second reading It's a clear change at the first reading that you could adopt on second reading

UnidentifiedUnidentified speaker 5Proposed3:44:56 · ≈ 12:44 PM

okay. Thank you

CommentWilliam WagonerProposed3:44:58 · ≈ 12:44 PM

Could we go ahead and just have a vote on that though please

CommentGeorge AlvarezProposed · by introduction3:45:00 · ≈ 12:45 PM

okay? Hi All right, passes unanimously. That was a new way to do

UnidentifiedUnidentified speaker 1Proposed3:45:08 · ≈ 12:45 PM

it.

CommentGeorge AlvarezProposed · by introduction3:45:10 · ≈ 12:45 PM

We're getting punch drunk.

UnidentifiedUnidentified speaker 1Proposed3:45:11 · ≈ 12:45 PM

Okay.

CommentWilliam WagonerProposed3:45:14 · ≈ 12:45 PM

Well that's gone. So for closed session today we have one noticed item which is public employee appointment alcohol drug and mental health services director

3:46 – 3:471 turns

CommentDr. Robert L. JohnsProposedself-stated3:46:12 · ≈ 12:46 PM

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3:53 – 5:421 turns

UnidentifiedUnidentified speaker 1Proposed3:53:20 · ≈ 12:53 PM

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5:43 – 5:444 turns

CommentWilliam WagonerProposed5:43:04 · ≈ 2:43 PM

far from satisfactory.

CommentGeorge AlvarezProposed · by introduction5:43:49 · ≈ 2:43 PM

No, I forgot that it was today. I thought I was going home. All right. Mr. Guzzone report from closed

CommentWilliam WagonerProposed5:44:00 · ≈ 2:44 PM

session. Chair Lavagnino and supervisors we're notice for one item public employee appointment alcohol drug and mental health services director nothing to report Okay,

CommentGeorge AlvarezProposed · by introduction5:44:09 · ≈ 2:44 PM

and we will adjourn this meeting the Board of Supervisors Music. you