UnGovr Transcript
iHow this transcript is madeUnGovr transcribes the official recording with automated speech-to-text, separates speakers by voice, and matches voices to the seated roster. Names and attributions are AI estimates and may contain errors.Verify any quote yourself: click anywhere in the transcript and the official video jumps to that exact moment, so you can check any quote against the recording.0:01 – 0:046 turns
Thank you. It may be
Call this meeting to order. Roll call, please.
Mr. Adam? Here. Mr. Lavinino? Here. Ms. Wolfe? She's here. Ms Wolfe is present. Ms Hartman? Here, Mr Williams?
Can I get a motion to approve the minutes of June 5th?
So moved.
Is there a second? All those in favor, please say aye. Aye. And how about the minutes of the budget hearing on June 11th?
0:04 – 0:068 turns
Again so moved.
Is there a second? All those in favor, please say aye. Aye. Both are unanimous. There's no CEO's report and so we'll go into ceremonial items. Would you like to read?
Chair Williams, members of the board if we could first get a motion to approve items A72 and A73 then we will go ahead with the presentations.
Motion to approve
those two. Second.
All those in favor please say aye. Aye. Opposed?
Please read.
Okay, Chair Williams and members of the board we have two resolutions to present this morning. We're going to start with item A72. This is co-sponsored by Supervisor Williams and Supervisor Lavagnino. It's a resolution proclaiming the month of June 2018 as Immigrant Heritage Month in Santa Barbara County. And Abdias Hernandez is here I believe? Come on up. And anybody else that you have with you be happy to have them up at the podium.
I'll read the resolution into the record. Whereas generations of immigrants from every corner of the globe have built our country's economy and created a unique character of our nation. And whereas immigrants continue to grow businesses, innovate, strengthen our economy and create American jobs in Santa Barbara County. And whereas immigrants have provided the United States with unique social and cultural influence fundamentally enriching the extraordinary character of our nation. And whereas immigrants have been tireless leaders not only in securing their own rights and access to equal opportunity, but have also campaigned to create a fairer and more just society for all Americans.
And whereas despite these countless contributions the role of immigrants in enriching our nation has frankly been overlooked and undervalued throughout our history and continuing to the present day. Now therefore it be hereby ordered and resolved that this Board of Supervisors proclaims June 18 as Immigrant Heritage Month in recognition of our countless contributions the immigrants have made and continue to make in our community, past and adopted today.
0:06 – 0:1313 turns
I'm going to translate
for him. Hello, good morning. My name is Ab Diaz and thank you for this recognition
Hello, good morning. My name is Abdias and thank you for this recognition.
And
these last days I have been involved with the cause organization.
And I've always liked to be involved in events where I learned interesting things. As of late, we went to Sacramento and entered the Capitol. And we talked to legislators that would assist us in passing certain resolutions and bills.
And this is something that I didn't know of, and I'm really grateful to have been able to receive this award on behalf of CAWS.
And we're also here for you so thank you for inviting me.
Okay, our second resolution today is sponsored by Supervisor Wolf. This is a resolution proclaiming the month of June 2018 as Santa Barbara Amateur Radio Operators Amateur Radio Month in Santa Barbara County and Jeff Reinhart. Jeff are you here? Come on up to the podium and Jeff if you have any friends or colleagues you'd like to bring up with you that's fine as
well.
I'll go ahead and read the resolution of the record. Whereas amateur ham radio operators stand ready to serve the residents of Santa Barbara County during times of emergency, providing communications to protect life and property through their use of their skills and use of advanced communication technologies. And whereas the American Radio Relay League's Santa Barbara section includes Ventura, San Luis Obispo, and Santa Barbara Counties with a collective pool of over 5,000 operators licensed by the FCC including about 1,700 in Santa Barbara County. And whereas during the recent fire emergency, amateur radio volunteers were on duty providing emergency and supplemental communications to support the protection of life, property and human services in shelters.
And whereas amateur radio operators are committed to the values of community service, continuous training, staying current with the advancements in technology, providing mentorship to new operators, and never charging a fee for their services. And whereas during the fourth weekend of June each year, amateur radio operators conduct a national 24-hour exercise that simulates field operators under emergency conditions. This year it occurred on June 23 and 24 at multiple locations within Santa Barbara County.
And I'll therefore be hereby ordered and resolved that the Santa Barbara County Board of Supervisors takes pleasure in designating June as Amateur Radio Month, honoring the men and women who are prepared to serve the county whenever their communication skills are necessary. Pass it up today by the board.
Chair Williams and Supervisors, thank you very much for this recognition. The first of its kind from Santa Barbara County for it's nearly now 1,750 licensed operators within the county. I'd like to ask all of the operators that could make it today to please stand so that this is just a portion This is just a portion of the ham radio operators who are willing to step forward and assist the county in a time of need. And if you think back to where, you know, ham radio station used to have to occupy a whole room in your house this is now a ham radio station okay so it's changed quite a bit over the years but importantly the fact that this emergency drill is coming up at the end of the month we're invited to come to that And I know the folks from the Satellite Club and from the Santa Barbara Club would love to see you there because they also get points if you show up.
It's a really important part of their annual training to do a 24-hour emergency simulated drill, to operate under emergency conditions which means no external power or existing antennas things like that they have to set that up from scratch I have John Kitchens here who is the section manager for the American Radio Relay League in this part of the world. John, if you want to say a word or two?
Thank you for having us and we really appreciate the recognition. These volunteers do a lot of work and it's their own money that pays for their radios and operations such so it's really appreciated to be recognized And as a retired firefighter from Los Angeles, I had breakfast last week with, I won't say old people, the other retirees. But John Sherry wanted me to say hi and bring greetings to you.
He was my ex-boss down in Los Angeles and fire chief from Santa Barbara County. Bob Harrison, stand up Bob. He's from the Satellite Amateur Radio Club down in Lompoc and not only are we having this event this coming weekend but next year in 2019 it's field day as its called the emergency communications simulation is held the last weekend of every June. And Bob and the Satellite Amateur Radio Club are coordinating an event for the community.
And to show how the community can act in safety communications. Coordinated with Walmart in Lompoc at the Walmart shopping mall, they'll be operating Emergency stations, the simulated emergency stations to provide support through CERT, the Community Emergency Response Teams. And also in conjunction with the Sheriff's Department, Fire Department and any other groups such as PG&E and the electrical services and any other county services that provide emergency communications to also be there. So we want Ask for that support also next year and the work that's going to be done by the Satellite Amateur Radio Club.
And they will be at their clubhouse this weekend down in Lompoc, so thank you very much for this recognition.
0:13 – 0:168 turns
The wall only goes back so far. I still can't get you. Why don't you go behind Janet?
Okay,
we have one question from
the board.
Thank you Mr. Chair, my question is this I well first a comment I hadn't realized how significant ham radios are as a backup emergency communication system and so I'm really grateful that you're keeping that going and engaged in a lot of outreach especially through CERT. My question is are you doing anything at colleges and universities? Are there clubs because that's kind of the next level
Yeah, in fact STEM training you know science technology engineering and math is more and more important. And a lot of the schools do have ham radio clubs but we're also prepared to support those. Importantly there's a program that reaches out to elementary schools too that connects these students when there's a pass of the space shuttle or I'm sorry the space station There's the ability to plan this out some months in advance, to have these kids actually speak with the astronauts as they pass over the school. So it's really kind of cool what you mentioned too. In this age of cell phones and redundancy and so on we find with the fires and some of the other events that when all else fails ham radio is there.
Here's a report from the Ventura Star a few months ago that one of the sheriffs identified old technologies as the best to fall back in emergencies. And I'll just, I know you have a lot of business so I'll very quickly just add we had Hammond-Ventura County who following the hurricanes was monitoring the frequencies And no one had heard from the country of Dominica, not the Dominican Republic but Dominica which is down in the Caribbean. Everybody thought they were fine. The problem was they were totally devastated and their a country there not under the protectorate of another country like you know the Netherlands or some of the other down there. He heard their call for, it was a distress call. Passed it along to the State Department and that's what got the ball rolling to get relief into Dominica from the UN and other sources.
So you never know when it's going to turn up to be useful. Thank you for your question. Any other questions? Thank you Chair and Board we appreciate it.
Thank you for your service.
Do we have items pulled by the public? Chair Williams, members of the board we have one item requested. That would be A30.
0:17 – 0:2511 turns
Can I get a motion on the balance of the agenda first?
Second.
This is on all other administrative items besides the two ceremonial and A30 there's a motion and a second. All those in favor please say aye. Aye. Opposed? It's unanimous. Please read A30
I just want to note for the record that as part of your motion today, there were a couple of memos that were out on a couple of administrative items. And I just wanted to note those changes for the record. On item A45, this was from Public Works. There was a request to continue that matter to July 3rd, so that would be a part of your motion this morning and that was in a memo to the board. And then secondly on item A68 from planning and development, this was a set hearing request. Regarding amendments to the county land use and development code the Montecito land use and Development Code and the coastal zoning ordinance, and there was a request to set this for July 10 But there was a memo that went to the board that requested that that be sent for August 14th instead of instead of that date And then as far as item 830 We have requests to speak on that is from human resources.
It's consider recommendations running these civil and respectful workplace policy Bruce Korsaw is here to speak about them
Chair, members of board. My name is Bruce Corsaw with Local 620 and I'm here to speak not really against but with a recommendation of not approving the civil and respectful workplace policy whereas Local 620 supports the theory, supports the sentiment behind it. This policy as you've been told before earlier last year when it came forward will create a lot of workload for a lot of people It will be used as a tool for individuals to basically either get even or to target other individuals based on their perception of actions or comments made by other people. There isn't a day that goes by that this body doesn't meet, that could be construed or interpreted as a violation Respectful workplace policy.
During a day that doesn't go by, the boss doesn't have to call an employee in give them evaluation which may be interpreted by that employee that this was disrespectful. This day and age people's feelings get hurt very easily and typically it's based on interpretation I've been married for 40 years I can say most any comment with the best intentions and it'd be taken the wrong way.
So, I do know that as I've stated earlier, EEO operations should be handled by either CEO's office or this board directly is handled by HR. It should be a neutral body under this policy allow the functions will be handled by this individual. And again, it's our understanding that there is a issue with the HR department. With the EO officer right now and that other individuals are covering some of that work.
Again this will create a lot of work for a lot of people. It'll be used against a lot of people whereas the sentiment is correct and it should be a mission statement. This policy definitely should be a mission statement and it should be a working process that we all try and achieve some type Respect in the workplace, being professional and polite to everyone.
Just too much abuse is going to happen here. So I strongly recommend that this board disapproves it, looks towards making a mission statement, works towards working with the labor groups, the civil groups to try and develop something that is actually workable. Again many of the issues here in this policy rest in the civil service rules now we have civil service rules and policies to handle the majority of this with a neutral body to hear it.
Thank you.
Any other requests
to speak on this item? No further requests on the administrative agenda. Supervisor Hartman.
I wonder if it would be possible to have Ms. Gentles answer some questions about this.
She is here and available.
Good morning. Hello, I had a couple of questions one it's my understanding that this policy fills a gap in our policies and procedures that deal with things that can go awry in the workplace so I wonder if you could describe how it fills that gap and what the process is and whether there would be a huge increase in workload or not?
So as you know, the Human Resources Department has embarked on a massive endeavor to revise our civil service rules that were established in 1970. The reason why we're doing that is because a lot of the provisions that are in the Civil Service Rules are outdated and they don't contemplate things that are occurring in a 21st century workforce. The Civil and Respectful Workplace Policy that we're putting together really does narrow the gap. There's a provision in the civil service rules that talks about harmonious working relationships, which is very, very broad and a lot of our managers are not covered by the civil service rules. And so a lot of the complaints that we receive from employees have to do with their managers.
And the allegations are that of bullying or abusive behavior or treatment, what have you. And we really don't have a mechanism to address those issues. We have the civil service rules that talks about harmonious working relationships but again, that's very subjective and it is very broad. This policy that we've put together has attempted Clearly define what we mean by abusive and bullying behavior. In terms of the workload issue, so I've been doing human resources work for about 30 years including investigations in EEO. And in addition to that, in putting this policy together we surveyed our counterparts. We surveyed 58 counties. 20 of the counties responded to our survey and three of the counties basically said that they have a similar policy.
Of what we're trying to propose. It was El Dorado County, Ventura County and Los Angeles County. In my 30 years of experience I can tell you anytime you roll out a policy or any program that's new like this, you may see a slight bump in activity but it quickly plateaus off. That's just a normal kind of reaction however with the counties that we surveyed All three of the counties said that they did not see any significant increase in workload whatsoever. This is really an additional tool to be proactive and preventative where we see the workload come up, and what takes a lot of my time, staff time, county council's time is because we don't take care of issues early on, and they escalate into the legal realm, and that's where the real workload.
An effort comes in, so this is part of a larger strategy to really be proactive and preventative. And to be a county that visibly demonstrates that we're creating and fostering an environment that's fair for all employees. And fair treatment and free from abuse, abusive behavior. So hopefully that addresses your question.
0:25 – 0:3525 turns
Supervisor Adam.
Well, the devil's really in the details isn't it? I mean you know I was listening to a podcast the other day and they were talking about in societal terms how we organize ourselves as a government and comparing it to how children play house And this guy made an example of each individual that's in the game plays a part in the family and how long it lasts kind of is the measure of success.
And same as our governance within the county, and same as our governance on a local and national scale. I can see what your point is here. But in another sign of the apocalypse, I find myself also agreeing with Bruce Corsaw that the potential for abuse here is tremendous. And if that's not the history of other places, you know, that's fine. You know we always say that we're different from everybody else and so maybe this time Bruce and I will be right. Don't know but I don't know what my colleagues propensity is to deal with this thing but it's got some potential for abuse and it really would all determine or be determined by how And to the extent that you are the person, if you do a great job and then the next person comes in and all of people want to continue to play with this set of rules.
You know, and then the next person comes in and replaces you and they don't, nobody wants to accept the rules anymore it becomes a problem but at that point it will be an institutional of reality and nobody will be able to get rid of it. So I see a lot of tension here between something that might be a very good idea, well executed but become problematic at some other point.
Can I respond to that? So this policy is just one component of a larger systematic steps that we're taking to create positive and productive environment. We have the policy put together during the last budget workshops, the most recent budget workshops. You heard both myself and county council present proposals for early intervention and early resolution of these type of issues. Again trying to stop things at the lowest level possible before they escalate. Last year we also implemented a comprehensive anti-harassment pro civility And we did that for all management employees and we integrated accountability by tying it to the performance evaluation process. So managers could not get a salary increase without participating in that program, and we had 98% attendance.
We're capturing the remaining 2%. Can I interrupt you?
Of
course
they did. You made them if they wanted a raise.
Yes, we did because we believe that accountability is important. Because one of the things that I've received feedback from day one when I first started from the board was putting in systems that would prevent some of these problems that we see later on down the line. I'm in litigation, and so this is exactly what we're trying to do. And again it's part of a larger systematic process that's not done in isolation. And again if I could just respectfully say it, I've been personally in the trenches doing the HR work, doing the EE work. EEO work, doing investigations. And I can tell you that the fear that this is all of a sudden going to create a floodgate of activity just doesn't bear out.
We know that bullying does occur in the workplace. We receive it now. I believe I provided some statistics for you. It's our number one complaint that we receive and we don't really have a mechanism to deal with it.
How does everybody else deal with bullying?
Well, one of the things that, so for Ventura County. The grand jury they actually received a complaint from employees and the public regarding bullying and abusive behavior in the workplace. The grand jury got involved in 2011 and actually forced them or put a report together that encouraged the board of supervisors to put together a bullying policy which is what they have now. And so- Does
that policy have a definition?
Yes sir, it does.
Well I'm not sure I need the
actual
definition but the thing is we don't have one right?
We have examples of what the AB 2053 kind of gives examples of what-
I realize that but there's a critical distinction between 2053 and what we're doing because you took out the malice portion
Right.
And see I'm really uncomfortable with that because it sort of puts on a filter that you can't just wind up having disgruntled for any reason people come up and say, and this is the part where if everybody's going to play along and everybody understands what the rules are but the problem is when When it doesn't go somebody's way or to somebody's liking and then you wind up in court, then you're litigating the words on the paper.
Do you have a comment for that?
Chair and Supervisors, although the board agenda letter recites NA for county council concurrence we actually did review this and were involved with HR on some things that I think should remove some of the concerns on this. I would view this as a policy call for the board It is a legally defensible framework. I think one piece that was not mentioned was that a complaint and an investigation does not automatically yield termination or discipline, so the county has been a long practicer of Progressive discipline and I know that both as County Council and as a manager myself Sometimes just bringing somebody in talking with them early days is the desired approach on this so my comment would be you had received a comment about the framework for investigations, and I think that You're in a legally defensible framework for that by having, as long as you're complying with having qualified personnel.
They can be in HR, they can be in CEO, they could be someplace else that focuses on qualified personnel. So again I think you're looking at a policy call do the expected benefits outweigh the expected costs of investigation?
Well, and that's kind of my questions. Let me just give you a couple things that really bother me. One is this idea that some third party can complain on someone else's behalf. And the other thing is it can be oral.
And that's how it exists today. That exists today. Well,
yeah but that's in an informal setting I mean when you create another setting that's got a higher level of scrutiny I don't know why you wouldn't want to have somebody document their actual complaint rather than... And we have that at our farm. Somebody comes in and complains or complains to a foreman or something, then our HR people go do all the documentation.
That is correct. That's our process. That's what
you're planning
on doing? That's exactly right, this is the exact process and if I could just take a step back and respond to the malice piece. I believe we had addressed that issue because in our civil service rules now with the harmonious working relationships that is without malice as well so Us taking malice out is no different than how our civil service rules apply today. And in terms of the process, so we didn't want to prevent employees from having to fill out a formal long document articulating their complaint. A lot of the times employees don't really know what's happening and they'll use terminology such as I'm being treated differently. It's our job to suss out what that really means and Mr. Corsall said it could just be a management right, a management taking an action against an employee that's within their right and it doesn't rise to the level or it could be something a little more serious.
And so the process is that if someone comes and talks to us, that's called the intake process. And during that intake process, we will capture what the employee is saying. And then regurgitated back to them is did I capture what you're saying? And then we do an evaluation as to whether or not this rises to the level and I can tell you that out of all of the, I think I mentioned 189 different reports in complaints that we've received a lot of those are ruled out just at the first step nothing is ever taken but employees need to feel like they have a venue and And to share their concerns and to feel like they're heard.
0:35 – 0:4412 turns
Well, one final thing. And it's probably just semantics but it's kind of unclear when or how you're going to determine when it's appropriate to have an investigation. I mean wouldn't you, under what circumstances would it be inappropriate to have an investigation of a complaint?
So investigations, it's both science and art like a lot of things that we do in human resources. So it's through a lot of questioning techniques and we mentioned the word qualified. So somebody does need to be qualified in investigative techniques to find out was this an isolated situation? When did this happen? Did anybody else see or hear this? And a lot of the times it's a one time one off comment. And that's not what we're talking about, unless it rises to the level of some egregious outrageous behavior or something that we know can from experience can lead to something greater. It's going to be ruled out because we don't want to perpetuate an environment where managers are not able to manage their workforce.
By adhering to their management rights, supervising, coaching, correcting behavior for fear that an employee is going to come run to human resources or the EEO's office and there's going to be some big investigation. That's not the environment we're trying to create. And everything that we've put into place thus far is nicely packaging a system for us to treat all employees fairly.
See, you're such a good salesman. I read the words on the paper and it scares me to death because there's just open country between the walls on this thing and I can see that the potential for abuse and I listen to you talk to me and you're giving me a great deal of comfort that'll be utilized in a reasonable way But I don't know how to square those two
things. If I can help you reconcile that, I think we have shown over the time that I've been here and with my team that we are committed to doing the right thing for this organization. And we are trying to put systems in place. You talked about if I were to leave or people, their return over what would happen then? And I can tell you based upon my experience coming into an organization where there was nothing. This is what we're trying to fix. There are no policies. We have 4,000 employees. We don't have policies.
For people. And so we are trying to systematically put structure into place, so that anybody that comes in that succeeds me or anybody else has something to follow. So we are trying to turn the tide and create a structure and a culture that is appropriate for the 21st century.
Supervisor? If I can intervene just for one second and that is you asked the question, how can you be convinced? What can we do? And we can come back to in a year or Ms. Gentles could provide data she has a lot of data already and we could look to see how effective the policy's been so we can look at today, look at the number of bullying complaints And we can bring back to you information what it looks like in a year, how those issues have been resolved. How many investigations we've done? Those kinds of things because I think the only way we can prove something is working is looking at data and providing that to you. And the second thing is I just want to say I came from different organizations that didn't have a civil treatment policy but they had codes of conduct.
And this is the first organization where we've not had a code of conduct for our employees. So there's a lot of discretion now in how HR, how the Civil Service Commission, how everyone looks at these issues and trying to determine where they are on the spectrum. And Ms. Gentles is trying to put a policy together. I have to say those other organizations, they weren't perfect. There is room for abuse.
But those policies outlived those HR directors and those CEOs, and those boards. And city councils such that the organization understood what the code of conduct was, what was out of bounds? And that did help the culture develop into what we want our culture to be.
Okay,
all right thank you Mr Chair. Supervisor Wolk.
Thank you, Mr. Chair. I'm coming from a little bit of a different perspective. I am grateful to you Ms. Gentles for bringing this forward and to your department. It feels right now that in our society we are living amongst a lot of abusive and disrespectful behavior. It's very apparent, I think many of us can agree on what those behaviors are. Nevertheless, when you're talking about human behavior it is very subjective. And so it's difficult we're not talking about widgets here. We're talking about human behavior and what constitutes a civil and respectful work environment.
When Supervisor Adam talked about, was it Children's House? What did you say? A playhouse? Yeah. That reminded me of something that I had read a long time ago, the things that you learn in kindergarten. Which is how to be a good friend, how to be a nice member of your kindergarten class and sometimes People have forgotten what they may have learned in kindergarten.
And this policy for me is a reminder of how to treat people, how to treat people respectfully, how to not bully to get a point across and I'm grateful. Again, to you and your department for bringing this forward. I think it speaks volumes of what our county stands for and that we are finally moving in a, I feel like we've always been trying to do that but now we have the written policy to back it up. So I'm very pleased and I will vote for this policy. Thank you Mr Chair.
Supervisor Herman?
Thank you, Mr. Chair. I originally had some concerns and did raise some questions with you or your office earlier, Ms. Gentles about some of the individual items and you made it quite clear that it's a pattern of behavior and it's not any single one of these. And so I'm confident that this will do what you say it will do and it will fill a gap, an important gap.
And I am very grateful, as Supervisor Wolf mentioned about putting systems in place. Because too often as you alluded to we sit at the end of the process and it is very expensive to litigate or to settle. So to try to get the expectations clear and up front and in systems is extremely important. I know in my district in schools the rate of bullying is going up.
Have a situation in our culture right now where what's acceptable is much less clear. And so I think it is important that our county be clear about this, and so I'm intending to vote for it. Thank you.
Supervisor Lavenino. Thank you, Mr Chair. I kind of was following the path that CEO Miyasato was thinking of coming back with numbers. The scary thing about that for me is if we approve it and then we come back and we have this huge influx And you're swamped, what do we do with it then? I mean it's probably pretty difficult at that point to get rid of the policy. I guess you could tweak the policy but the only way that I want to vote for it is with that caveat on it that we bring it back in a year and we take a look at it. Then I guess my second question would be would this also applicable to members of the Board of Supervisors?
No comment.
0:44 – 0:465 turns
Well, any policy should apply to all county employees. I also had concerns about this policy. I thought it interesting and important that the employee union that could view this as a good way to help their members get back at managers was worried about the whole institution, and I appreciate that. Appreciate the sentiment from the union that we know that bosses sometimes need to be bosses.
I also though looked at some of those concerns and asked staff to look at some of those concerns, including whether other counties have had a strong upsurge of complaints following these policies. And you can argue that some of the policy, that some of those counties may not be comparable or that the policy isn't comparable but There is a sustained upsurge of complaints from the policies.
So my concern is a little bit, And I also think if we look at this after a year, that will also give us good information. I'm not completely certain that this is going to work but I did look at the complaints department by department does seem to me that there is a problem and That a solution should be proposed and that we should be backing up Ms. Gentles in making sure that there, we at least try a solution.
So I'm prepared to move forward today.
Thank
you. Supervisor Wolf?
I don't know if we have public comments. I was ready to make a motion but I'll wait. We have no further public comment. Okay, I'll go ahead then and move that we approve item A30 as presented. With an additional request that HR bring this back in a year so that the Board of Supervisors and the public has an opportunity to review and comment upon the implementation of this.
And requesting that they provide us with a numerical summary of complaints regarding this policy.
There is a motion and a second. All those in favor, please say aye. Aye. Opposed? It's unanimous. We will move on to public comment for items not on the agenda.
0:46 – 0:494 turns
Chair Williams, members of the board we have one request to speak. We're going to go to Senator Barbara for Lee Moldaver. Mr. Moldaver.
Good morning Mr. Chair, members of the board I'm Lee Moldaver a local resident first I wanted to give a shout out to the chair if your colleagues weren't aware you were one of the commencement speakers at UCSB this last week and I really appreciated your challenging the students to walk their talk in real life very very important second while you're meeting in the North County I wanted to say a couple of words I should have said two weeks ago about How much I appreciated the life and service of your former colleague, Tom Urbanski who represented the 5th District with great distinction. And anytime someone is speaking with a time limit, I always remember his little hourglass timer which was beyond refute when it was out, it was out.
I also in that sense wanted to congratulate Each of you who were elected two weeks ago in the election, and everybody who took the time and effort and hard work to run in the election. At the end of May we had Memorial Day where we remember all the people who fell in conflicts in defense of American values. And in two weeks we have the July 4th holiday where it was first proposed that people have the right to participate and help decide how they are governed.
You were about that, but everyone who felt free and unimpeded to run for office deserves our recognition as well, and that was why a former school teacher like Tom Urbanski chose to do it, and that's why each of you did it. So I wanted to take these two minutes to recognize Tom while you're meeting in the North County and appreciate him to his family And to thank all of you who put yourself through the tribulation of raising money and separation from family, to serve and to run for office whether you won this time or not.
And best wishes for the next 4th of July. Thank you.
That concludes public comment.
Then we'll move on to D1.
0:49 – 0:569 turns
Chair Williams, members of the board, item D1 is from planning and development. It's a hearing to consider recommendations regarding a request for hearing by David Swank, agent for Oak Hills Estates LLC, owner and proposed Oak Hills Estate project. And this is in the third district and there's a request that we continue this item to your meeting on July 17th.
Is there any question about the request for continuance or can I get a motion?
I did talk to the applicant and he said everything's on course. So, I will move that this be continued until July 17th.
There was a motion in second. Is there any request to speak?
No requests to speak.
All those in favor of the continuance, please say aye. Aye. Opposed? It's unanimous. Then we'll move on to D2.
Chair Williams, members of the board, item D2 is from Public Works. It's a hearing to consider recommendations regarding county service area number 41. This is the proposed benefit assessment for road related repairs, improvements and maintenance in fiscal year 2018 and 2019.
Good morning Mr. Chair, board members and as the clerk mentioned we're here to talk about CSA 41 today. Specifically their proposed benefit assessment and the request of the CSA 41 road committee to increase their benefit assessments for the benefit of their road network, the repairs and improvements to those facilities. So the way this typically works, and we've done this before. I think we've done it for Sandy Land Seawall as well. Your board would open up the hearing. We have a short presentation. We can tell you about CSA 41 and their request.
Your board would then receive written and oral testimony, and we'd collect ballots from the community. At that point, we'd conclude the testimony and close the hearing. Trail the item perhaps to just before lunch and we'll go away and tabulate the results and come back and let your board know the results of the weighted vote. So Mr. Chair and Board Members if that sounds good I'll turn the presentation over now to Chris Sneddon.
Mr. Sneddon.
Good morning. So Scott went over the process pretty well, so we'll just jump into the presentation part of the hearing. CSA 41 is located northeast of Lompoc, so if you go out on 246 turn left on Sabata Canyon it's right off of there. It was formed in 1985, it's 51 properties and there is a network of private roads in this development area that they formed the CSA to take care of road related repairs maintenance and improvements.
This gives kind of the past, present, future of the CSA. As I said it was established in 1985. The annual fee averaged about $480 a parcel and I'll get into why that's an average in a minute. And it hasn't been, it wasn't indexed or has an inflation factor to account for inflation and cost of construction and deterioration of the roads and such. So it's been held pretty fixed. The current status is the Roads Committee which is elected by the property owners to represent the property owners and act as a liaison with the county.
Requested that we review the fees and review the work that needs to be done out there. And see if we recommended a new fee or if their new fee was needed to do the things they wanted to do. We did that, and the result is that the requested work by them would increase the fees to about $960 a parcel. That's a total of 46,000 a year generated by the CSA to maintain the roads.
The process, Scott kind of went over. The Rose Committee requests the work as I said and then we did an engineering study and put together a five year work plan in conjunction with them to do the work that resulted in the fee recommendations I just mentioned. We bring those to your board and have this hearing and then the property owners vote and decide whether they want to raise the fees and do the work or not.
This is the scope that was requested by the road committee. So, the ongoing maintenance and repairs they have an annual work day or multiple work days throughout the year where they do patching and weed abatement and things like that. This is to purchase materials and sometimes rent equipment to do that work. The second item is preventive maintenance work just like we do on our roads, chip seals and cape seals and that kind of thing. This would cover more of the chip seal variety of pavement preventative maintenance type work over the next ten years. And then there's two projects. One is to realign a portion of the road towards the beginning of the development that would make it easier for Vehicles pass each other and then the second is there's a bridge that comes into the development that needs some upgrades to make it more robust.
If you total up all those things, taking into account the roughly $160,000 balance that was in there when the study was done which is about a year ago so it's actually got a higher balance now and add $46,000 a year over ten years. That provides the money to do the scope outlined above, and it results in about a $980 average rate per parcel. This is just the voting process, so the ballots are sent out by the county and everybody's notified of the vote.
Then people can either vote by mail or they could submit their ballot up to today, up until the point where you close the hearing on this item. And then we'll go back and tabulate the votes and come back and give recommendations based on the tabulation. Votes are weighted by the assessment at each property. So, each property is assessed based on a metric on roughly that equates to how far in they are or how long of the roads you travel to get to their property. That's how you determine the percentage Thank you, Mr. Chair.
So that concludes the presentation. So we're now at the boxed area, the second boxed area which is where you receive oral and written testimony. Close the hearing, collect the ballots and then we duck out and tabulate the results and come back. Thank you.
0:56 – 1:019 turns
Questions before we go to request to speak? There are four requests to speak. Mr. Lavigne.
Thank you, Mr. Chair. This is really interesting. I'm just curious on the process. So the roads committee, how long are they elected for? And then what happens if, the other question I have is what happens if let's say the vote fails today and they find themselves in a shortfall but their roads committee, well let's just go with that. If they continue in this shortfall and the roads continue to deteriorate, their private roads, I guess at some point somebody has to take matter into their own hands?
Supervisor Lavinino through the chair, that's correct. So it's up to them to decide whether they want to put adequate funding to take care of them or not and if they don't then the road committee can continue to request each year that we do the engineering study of what it would cost and put it to a vote annually. The roads committee is elected I think it's a two-year term and I think you do some of it in off years so you have continuity.
Okay thanks Supervisor
Hart? I just had two questions. One is a follow on to Supervisor Lavinino and that is are there safety concerns, fire access that ultimately roads can't deteriorate beyond a certain level? That's the first question and then the second question is you said there was no cost of living built in and I take it this again doesn't have that built-in. It's just a fee for the 10 year work
Supervisor Hartman through the chair, I think that the safety and other considerations are the same as any other private roads would have. So this CSA deals with the maintenance of the roadways but I would assume that just the same fire considerations and everything else are what would apply to any private roads. As to the indexing, it's not built into this proposed assessment. But there is a requirement to report on this CSA 41 annually and as this work progresses in the work plan or if this doesn't pass as work progresses out there under the old work plan we would return to your board each year and kind of update the costs and the needs and things could be updated at that time.
We have four requests to speak
Chair Williams, members of the board that's correct. We're going to start with Jean Maloney. Jean here will be followed by Yvonne Bailey.
Good morning Board and Chairman. My name is Jean Malone I've lived in CSA 41 for 19 years and the roads have degraded. I am voting no on this. I don't mind anybody knows that and the reason being is how it's being assessed I live by myself. We'll have the third highest assessment, that is one vehicle driving in and driving out. We have many places that have duplicate residences. We have many places that have businesses. I have marijuana farms are surrounding me. I see tractor trailers going by every day.
I have neighbors that are being assessed from Inappropriate driveways, they're being assessed at closer driveways to the main entrance to the CSA 41 that live further down the road than I live. So my objection is to how it's being assessed. I think it should be assessed according to use not according to where I live. I have neighbors on both sides of me that have businesses We have boarding stables, like I said numerous residences.
The road committee also paid for out of a discretionary fund which we have that people volunteer to pay extra money in for like barbecues and that type of thing and for something they need to do. They paid for yes signs so I contacted the chairman and I said do you have no signs as well? He said no and he told me because majority of the people want the roads to pass and I said well isn't that a little unethical You only have yes signs, not no signs. And the road committee paid for them out of this discretionary fund.
So I feel that it's a little bit biased. And as you can see how much money is left in that account being there for 19 years, I've also noticed that the roads have deteriorated but they also haven't kept up the maintenance that has been ongoing since I have lived there. We do the patching and that type of thing but they haven't continued to like do a little section, do a little section, at least over the past few years.
And that money is just sitting there So, you know stitching nine saves time. You know since you get one done, get a little piece done and something else doesn't deteriorate so I think that it's not being run correctly. I'd rather the county took it over. I'm very serious about that. Um I have no issue with the county taking over our roads and uh I'm like I said I don't think it's being assessed fairly. I am the third bill paying the third highest tax and I am one person with
1:01 – 1:064 turns
Yvonne Bailey be followed by Derek McLeish.
Hi, my name is Yvonne Bailey. Mrs. Malone kind of just covered everything I have to say but one of the parcels up there has actual footages Where he's only paying for $2,000 because his property is in the very back. And he claims that the very, because this property goes down the hill they're using the part down the hill and he has lots and lots because of his business going on lots of trucks that they take the long way go up you know the mountain road and they're using five times more than anybody And years ago, I've been up there for 20 years. There was a stable up there business and they always paid more taxes because they were a business and now they don't have that policy for anybody. There's quite a few businesses up there.
And I just think it needs to be looked at this 100%. Increase, I'm not for. I mean, I would be happy for like a 20% or something but just to throw 100% at us all at once, I just don't think it's right when they need to really look and see how everybody is being taxed.
Derek McLeish? Then we're going to hear from Leland Smith. Mr. Smith will be our final speaker.
Good morning. Good morning, my name is Leland Smith. I've been a property owner in Savannah Canyon since 1976. I am one of the founding members of this county service area CSA 41. I would like to address the Santa Barbara County Supervisors and fellow property owners regarding my concerns proposed with the voted on 10 year plan. I have found this plan to be misleading.
It is misleading because it suggests we do not have the funds to repair our roads, and incorrect because the funds available to repair roads are misstated. Due to inactivity of the Road Committee to maintain our roads for the past eight years, we have monies in reserve to do the repair work needed on both North and South Wild Oak, Catalina, and Flora Avenue The projected cost for these repairs is $180,000. CSA 41 currently has $205,400 in reserve. We have enough money for the funding of those road improvements with approximately $25,000 remaining.
The 10-year plan states that digout expenses would be approximately $140,000. I have been informed by committee members the majority of the money was to go on to South Wild Oak Road. Southwell has been a special problem from the first time it was improved with base and chip seal. And approximately six minutes after that work was done, we had to start filling potholes and doing shoulder work.
We notified the county engineering department and they came out with a representative from the contractor who did the work. It was determined that the soil in that section of the road on South Waldo was silt sand with little humus material to bind In my opinion, we would be creating the same problem that currently exists with this road if the 10-year plan proceeds.
In previous years the Road Committee has addressed this problem by keeping base material At the end of South Wild Oaks, the material used to repair the road is needed and I believe this would continue to be a viable solution to the ongoing problem. My second concern is the proposed Avena Road curvature. Part of Avena Road is outside of the road curvature easement due to the private driveway within the easement To widen Avita Road, the curve would put the road further outside of the road easement and would be non-conforming without boundaries redrawn for the road easement. The money to be spent to widen that curve is not a good option.
In conclusion I believe a better option would be to leave the assessment at its current rate, use the money in the assessment account to complete road improvements this time on all roads except Avita And I would not be opposed to increased road assessments as needed in the future, but I don't believe at this time it's necessary. I have documentation for the account balance.
1:06 – 1:139 turns
Supervisor Hartman? Thank
you. Thank you. I guess I have a number of questions. My first one is to Mr. Gazzone. What is the Board of Supervisors authority here
Chair and supervisors, under the County Service Area Law, the board as I believe Mr. Sneddon in the package summarized is the governing body of this however in the issues of particular assessments it's a very prescribed procedure At the far end of the board's authority, which I'm not recommending but just talking about the extremes of the board's authority. There is a provision within the county service area law of actually divesting authority of a CSA to provide a service. So the board within the area of tabulating results or making a decision today has a pretty prescribed authority but actually has broader authority as to the management of the CSA in general.
Supervisor?
Thank you. I'm not sure I fully understand, I mean I think we have to vote yes or no on, we don't have a lot of discretion is my takeaway but I would like to ask Mr. Sneddon a bit more about the allocation of costs and how that was determined It certainly doesn't seem fair that usage doesn't come into account. I think that the length of the property from the road is probably a surrogate, but if there's commercial activity versus residential say then is there any way that could be accounted for at not now sometime in the future?
Supervisor Hartman through the chair, so the assignment of the assessment was done as part of the initial resolution implementing the program. And it has a flat fee and then you have a graduated rate. So everybody pays a little bit higher per foot of the first I think it's 1,000 feet or something and then as you get farther away you pay progressively less, graduated less amount to get your total.
I think as a separate action that revisiting that resolution, I think would be the vehicle to change the way it's apportioned. I defer to council as to exact mechanics of how that would happen. I think we'd have to come back later and present what the options would be for them.
Supervisor Adam? Wouldn't you have to repeal? The CSA 41 and then come back with a new CSA if that's the route that they wanted to go.
Chair and supervisors, this is an area where there is pretty significant overlap with the local Area Formation Commission as well. So the establishment of a CSA initially goes through the LAFCO process. The divesting action that I alluded to is the path to essentially wind down a CSA. But then if people wanted to go back in again, we'd go back into the formation process which does have action by the LAFCO and it involves a process somewhat similar to this where People who would be within that area again register whether they're in favor
or opposed to them. Right, so that same process was the process that was followed to begin with and everybody that was there at the time voted for it. And so the rules are the rules. I mean, I live in a homeowner's association that owns our roads and so our situation is very similar to your guys'. And for that reason, I absolutely detest any kind of requirement by the county to make new development Pay for its own roads, because nobody realizes when they walk into that situation. That they're going to have to deal with that and in our case because the roads were sort of put in a paper mache plus style when they went in we're paying 260 something dollars a month.
For our roads because nobody ever put any money in, you know when the thing was created in 86 for about the first 20 years. The dues were like $5 a month. And so, now we're trying to backfill this giant hole and try and maintain the stuff. And it's taken a tremendous amount of money to go out and take out the paper mache and put in actual concrete. And there's complications because they were built with swales instead of curbs and gutters. So we had to go back and put all that in, and it's been just a disaster.
I hope that we always take the roads on any new development now, because it protects future owners from being taken advantage of in this way. Because the developer is always going to put in something cheap and then let the future owners find out when it all crumbles that's what they had. So I don't think it protects people when we make developers take the roads.
That said, it is what it is at this point and these parcels that you may not like the way that it was distributed but I assume you knew that when you purchased the property 19 years ago. And at this point other than repeal it, And replace it with something else or nothing, which I think would be worse. Because the idea that the county's going to take the roads at this point is really, and it's never gonna happen.
1:13 – 1:167 turns
Our procedures do not have a back and forth unless the supervisor asks question of them.
Maybe you could come and see us at another time, and we can talk about a strategy going forward. But at this time I don't see how I can do anything but accept the will of whatever the majority is out there. So if you'd like to come in and make an appointment, come into the office and talk about that, that would be great.
For my part, I think this is up to the residents. I think that county staff will implement or not implement based on the majority vote. I do want to also diminish people's expectations that somehow if there is a no vote that the county's going to ride into the rescue and take over the roads. We are trying to adequately maintain the existing public road stock. We are trying to add more money so that that is happening, but we are not anywhere close to where we should be and taking in more road miles would make it almost impossible to do that. And so generally my thought is that we're not going to be taking new Unless we go in there to some of the rural roads that we take over and grind them up into dirt roads, which are a lot cheaper to maintain.
But we don't have the financial ability to be taking in additional road miles into our county stock. With that, the action is simply to allow the election to take place and not close the hearing until we think you want about another hour or so. So
Chair Williams I think at this time we would close the hearing and the testimony part and collect any final ballots that anybody wants to submit. And then yes in an hour we could- And then
trail it so that you can tabulate.
Exactly thanks.
Then can I get a motion to close the hearing and trail the item for tabulation? Is there a second? Second. There's a motion on the second, all those in favor please say aye. Aye. Opposed? The item is trailed. We're onto D3.
1:16 – 1:277 turns
Chair Williams, members of the board. Item D3 comes to the board from Public Works and the board is the Board of Directors of Flood Control and Water Conservation District. It's a hearing to consider recommendations by the floodplain administrator that Board of Directors supplement the areas with special flood hazards identified County Code Chapter 15A for the Federal Emergency Management Agency's interim advisory flood maps for Santa Barbara County. This is in the first district.
Please proceed, Mr. Faber.
Thank you, Mr Chair. Public Works flood control is here in front of you today to request adoption of the new FEMA hazard mapping which has recently been completed by FEMA. The purpose of this map was that we recognize that the 1-9 debris flow changed the flow conditions in Montecito and Carpinteria, and that we also now have elevated risk due to watershed conditions and changes in topography, and those watershed conditions I think were a topic that was discussed in a prior board meeting.
The current flood insurance rate maps or firms no longer reflect the true risk and probably in many cases didn't reflect the true risk even before the debris flow. We will have a new set of flood insurance rate maps that would be three to five years off into the future, and the purpose of this hazard mapping would be to adequately describe and define the risk during that period until a new set of flood maps are prepared by FEMA.
The interim mapping, as I said will just bridge the time frame. It's not a permanent map but it will allow a definition and allow people to build and understand the risk that they have over the next several years. It does not affect flood insurance rates or the extent of flood insurance requirements. The old flood insurance rate map still governs, and so people outside of the existing firm would not be required to get insurance only when a new flood insurance rate map is adopted with the extent of insurance change.
FEMA recommends that we use this hazard mapping in conjunction with the existing firms and would utilize whichever elevation is more conservative to adequately protect new developments. So, we would use this hazard map along with the existing flood insurance rate map and whichever elevation is higher would govern. We would do this to ensure that new development or redevelopment will be more resilient and be able to withstand not only flooding, but potentially more resilient for other debris flows as well. Although this is not a debris flow map.
This hazard mapping product utilizes the most recent topography from January of 2018. It does have advisory elevations on the map. It is fairly intuitive to see what the flood elevation is when you get on the map, which is by the way linked to many county websites including Aware and Prepare and ReadySBC and the County Flood Control Public Works website as well.
And it also graphically illustrates the depth of the flow, so the darker the color, the darker the blue map, the deeper the flows are. And then the lighter shading shows shallower mapping. With that we had a set of revised recommendations which we've included at the back table and was presented to your board. And it is my strong recommendation that your board take action to approve these hazard mapping.
It is for a short period of time until the new flood insurance rate maps. I will tell you that I've looked at the old flood insurance rate maps, I've looked at this mapping product. This is by far a superior product than anything we've ever had. It utilizes techniques and data that is far superior and you'll see similar improvements as FEMA uses these advances in the future.
And I strongly urge you to approve this map. This is the best thing to do for our community. With that, I'll take any questions.
Questions from supervisors? Well, I will ask a few. There is maybe three different schools of thoughts in if I could generally categorize folks in my district about these maps right now. Some folks who feel like this underestimates risk, because they're looking at maybe the paradigm of the debris flow. And so I want you to maybe address Why we would be modeling a 100 year flood and base our maps off of a 100 year flood, and not a second debris flow. And I'd ask from the perspective of not the legal framework because we shouldn't in my mind do this because of a bureaucratic exercise. We should do this only if we believe that Preparing for the 100 year flood is more likely than needing to prepare for a debris flow. So I'd like to understand that in your opinion.
And then there's folks who are maybe on the outskirts of this mapping that didn't experience an inundation during the debris flow, who are now wondering why they're in the map zone. And I'd like you to talk about that a little. And then maybe the third camp is folks who are worried about the ramifications if we don't approve something today. They're worried that they will not be able to rebuild at all because of delay affecting really the ability to process permits, and that might be more of a Diane question on that.
Those are the three, broadly I think the three categories of concern that you'll hear today. And I wonder if you might address the underpinnings of those three categories?
Sure Mr. Chair let me see if I can capture that although first I'll take The question of, you believe it underestimates some flow or the extent. And there were a couple things that I go back to that we have to remember that the 1-9 debris flow changed the topography and in the upper reaches of the watershed its scoured channels down to bedrock so we actually have increased capacity in some of the upper areas.
And then in the lower areas, we have filling in from deposition and the overbank and changes to channel configuration there as well. In terms of reflection of this map to the existing flood insurance rate map, we are drastically increasing the areas that we are identifying as subject to being at risk. And so therefore, as a whole it increases the breadth of areas subject to this hazard. I think that the method that was used Better reflects the alluvial fan nature of Montecito because it's utilized what's called a two-dimensional model, which has not historically over time been utilized where when a channel breaks out and wants to move laterally. The old FEMA mapping process would say nope gotta come back into the channel we're keeping you in the channel whereas a 2D model Actually uses 10 meter square topography and calculates as that flow meanders through the overbank area, which is exactly what happened in the one nine debris flow in areas.
And you look at some of the mapping it traces similar flow paths so I think it accurately does that. So can
I try to translate that to layperson's understanding? Sure. What you're saying is this is an attempt to model possible breakouts from Creek bed and that the model is not saying it's going to break out in both directions, but it may break out only in one. And therefore you have to take into account the fact that it's got a spread on the alluvial fan which means it might cover a wider area than you expect but also shallower-
Yes, yeah. And in fact we saw links of San Ysidro Creek. San Ysidro Creek is higher than Oak Creek and wants to go to Oak Creek and in fact it did that and has done that in the past. And on that to get to maybe your other point, a debris flow behaves different than a model flood flow. The viscosity is different. There are areas that we saw where the front end of a building was extraordinarily damaged with rocks and trees in it.
to a depth of maybe 10 feet. And around the backside of the building, the landscaping is untouched and the house is fine so it behaves different whereas a water or flood flow would behave differently. It will move in different areas as well. A debris flow as it breaks out over will tend to move not as fast as water or level itself as fast as water. So this is not a debris flow map It resembles some of the things that we saw, but it doesn't attempt to do exactly what the debris flow is.
But it does a much better job than the existing flood insurance rate map. When I looked at this map and compared it to our existing flood insurance rate map, it's night and day in my opinion of what the accuracy is. I think we probably owe FEMA a big thank you for the speed of doing the level of work they did, at the quality that they did. And the responsiveness to do this because if we don't have this map and people rebuild, one, we don't have necessarily the authority to require them to build in a safe and resilient manner. We would be putting people at risk if we did not approve this.
And that's why I'm so adamant that we need to approve this. Now as for the timing, you have people waiting to build their house and if we don't approve this now, you simply delay them and I would submit we will not get a better product than what we have right now.
1:27 – 1:335 turns
Chair and Supervisors, I think first a housekeeping announcement. Mr. Fairham had described the modified recommendations that are on the screen and available. And those also come within an update memo that was posted on the website for this item and is available to the public. I think at 10,000 feet and looking at one of your first questions, Chair Williams. I think it's helpful to think about what the county's Chapter 15A ordinance does and what the board is considering today.
The two part for today is to look at supplementing Section 15A-7 which defines areas of special flood hazard In County Code section 15 a 16 Special construction standards and as you're discussing whether it's flood water or debris flow. I'll just note Highly summarized that the county code chapter 15a is based on the concepts of base flood And base flood elevations throughout and that's how that's defined in this map actually meshes in with that framework
Now, that doesn't stop us from advising property owners. However as we may say look if it's a flood scenario this elevation might be sufficient but it has a history of flooding and here if you look at this geological survey map if its debris flow your definitely in another scenario and if you want to build safer You should take into account the information contained in the geological survey debris flow map. Is that a tool that our staff will use with applicants so that they are not lulled into believing that it is safe to rebuild under both scenarios?
Mr. Chair, I have made that comment to a number of people and will continue to do that and instruct my staff particularly in some of the more devastating areas is that We can talk about how rare this event was or is not. We certainly, you can drive around Santa Barbara and Montecito and see examples of old debris flow. Rocky Nook Park the area west of Toro Creek along 192 their debris flow field so we know these things happen periodically over time when we build a new house out there even if it's outside of these mapping a new house I think we could I hope my house has 75 year life considering its age right now.
So those structures are going to be there for a long time and could experience something like that in the future, and so what we are trying to We don't have the authority for elevation. Because of the Chapter 15A and the Flood Insurance Program requirements of using these FEMA maps, but it doesn't prevent us from providing that level of advice and transmit those concerns to those people. And that architect group I believe is helping us do that as well including building techniques where Two by fours on 16 inch centers in some areas may not be suitable. Where we've seen other cases where you have concrete caissons and grade beams that strengthen the structure for the forces of a debris flow. I don't know if you wanted to add anything, Diane?
Ms. Black. Particularly on just sort of what would a delay due to timeline to rebuild for folks?
Mr. Chair and members of the board, a delay in adopting these maps for the purposes of rebuilding would delay our ability to work with property owners in a meaningful way and help them make decisions about the rebuild process. So back in March of this year, March 13th we issued a document called Guidance to Property Owners for the Montecito Debris Flow Rebuilds. And it's a document we showed to your board before we made it publicly available.
And in that, we strongly recommended that people wait until these maps were available so that they could make good decisions about how to rebuild and I think that still would be our advice. So if your board were to delay adoption of these maps then we would advise that people wait Until those maps are actually adopted to really start to expend funds, to make decisions about how to rebuild.
We are meeting with property owners now in conjunction with flight control. Our case managers have had quite a few meetings already since the middle of last week and that process would just be delayed by however long your board chose to further consider the maps.
1:33 – 1:3810 turns
And Mr. Fay, I mean how long? Some people have been urging a few week to five week delay but is that sufficient to revise these maps to reduce some of the minor errors that people have found?
Mr. Chair and members of the board in talking with our FEMA team as well they I do not have the budget to do a revision of this map, so I don't think it would be three to five weeks. It would be much greater than that. However, I would submit to you that if we find significant issues at some point down the line and we collect enough information that would suggest well maybe a revision again over this short period would be warranted, I think we could try to compel FEMA to do that.
And I'm willing to agree to try and make that happen if we find something significant. What, we need the technical information to show that's significant just because I've never flooded before is not justification for that. And then on that point I also wanted to mention that we are meeting now in July with FEMA to kick off the new flood insurance rate map so they are moving rapidly on getting these new maps out, which is a good sign that our window of three to five years will stand if they're starting that process already in July.
And then I would finally submit that a wait of a couple weeks will not change the maps from what you see today and would simply delay people from able to move forward. Supervisor Hartman?
Thank you, Mr. Chair. So these are LIDAR maps that are aerial photography and then I gather some kind of projection mathematical calculations to project how water would flow. So in a case-by-case situation, and this is probably for Ms. Black, if there's a swimming pool instead of a stream I assume you would see that when you go out so there's a ground truthing in a project by project application. Is that correct?
Mr. Chair and Supervisor Hartman, I actually think the question is for Tom because the Flood Control staff will be setting the base flood elevation requirements based upon the maps but yes, I think there's some discretion
to
make reasonable decisions based on what's actually on the grant.
Yeah, Mr. Chair, Supervisor Hartman that's correct.
Probably should know this, but I don't. The debris flow map is USGS and what effect? When will we know more and what effect will that have? Does that have any effect in the future on people's insurance rates or can you just elaborate what a debris flow map is? Most of us are quite familiar with flood control maps and insurance rates but the debris is still a mystery.
So Mr. Chair, Supervisor Hartman, the debris flow map that we've seen and is on our website is actually a map that's done by the California Geological. It's a state not federal. And what they did is they actually went out on the ground and mapped the footprint of the debris flow. So it wasn't a model, it was more of a ground truthing of where the impact of that area was which is very useful to project the limits Of that event, and it's a useful tool to represent that risk moving forward. Whether that's in the next couple years or in 100 years, it's good document to have to show what that risk is. It's not a calculated map like what we have in front of us today which is actually using the new topography and utilizing the models and the best science to forecast what a hundred-year flood impact would be on the area as opposed to a debris flow, which is a different event that happened on the event.
Mr. Gazzani, you look like you have something to add.
As part of our workup with flood control on the site and we had looked at an aspect of Supervisor Hartman's question about ground truthing actual conditions with the map and just building on Mr. Farram's answer and Ms. Black's answer County Code Chapter 15A in at least two places addresses that. The first is at section 15A-15E, a boundary determination process to actually ground truth conditions on the ground as opposed to a map and empowers the administrator to make that determination. And then at 15A24 there is a process different than normal land use variances but there is a variance process that provides further relief potentially for conditions on the ground versus the map.
1:38 – 1:444 turns
And I guess, I would want to piggyback on that by saying that makes me feel like staff should be empowered to give their opinion. And while I am on behalf of the county, somewhat we always have to be worried about takings lawsuits. I'm also worried that we would ever not provide the right advice so that people do not rebuild in a way where their lives would be in danger. And for that reason, I really hope that our effort to ground truth this will be substantive and That staff are empowered to give real straight advice to people.
We want to make sure that we are adequately protecting people and giving the best advice. That these may be some places that are risky, and that additional study or additional building techniques are definitely warranted. Supervisor Wolk?
Thank you, Mr. Farron thank you for your comments on this map and I guess I have kind of a procedural question for the men maybe this is to Mr. Gazzone. So my office got, we got the information on the maps on the Internet. And your office was very helpful in showing us how to go through the index and kind of dig in and look at the different areas. And then I listened to the community meeting that was held that, I don't know when it was Thursday evening maybe?
So there were a couple of speakers, maybe more than a couple, a few who talked about some issues with the map. One fellow spoke about his pool, someone else, some of the issues that you talked about. But then in your opinion what I'm hearing from you Mr. Fairham is that this map One of the best things that you've seen. And while there may be some of these issues that were brought up, they may not rise to the level For you as you are determining the recovery process.
And then I guess the other question is to Mr. Gazzone, so let's assume that there may be some errors in this map and also assume that they're not significant and I guess that's a definition we'll have to hear more about. So if we acknowledge that this map is not perfect, but it's really good. And something that we're hearing from our staff that should be adopted.
The board by adopting this map with the understanding that it's not perfect does that meet our standard?
Chair and supervisors, maybe in reverse order I'll address the legal standard and then go back to Mr. Fahram on this. I agree we had spent a lot of time looking at this product with flood control with the framework for this product and you're receiving an objective input from the agency charged with providing that information I think any product we receive may have some problems on certain parcels, and that's why we hit a process where Mr. Farram's office actually would go out on the ground as well as receive written comments and try to square the condition on the ground with the map. And if there's an anomaly they're empowered to actually define the boundary to keep that parcel out.
of the designated area that would require these special construction techniques. There's also a variance process, which is parcel-by-parcel similar so a property owner has two different tools To address anomalies on the map, and I think any map that we see is going to have at some level since it's being done in flight. There's gonna be some issues where we might not have perfect coverage of it or something might show as actionable that actually is not actionable on the ground. But that's why we had spent time looking at what's the relief valve or relief valves for any property owner who feels that their property was not adequately described to fall into these special construction techniques. So the board would be within its legal authority to receive the recommendation of the flood control director and adopt these maps, which for shorthand we're calling the recovery map as something that supplements the definition of these special flood areas.
Okay, I appreciate that. I think that's really helpful as we move forward just at least for me for understanding what our obligation is so thank you for that and Mr. Farrum thank you for initiating this and I don't know if anyone from FEMA is listening although we have congressman Carbajal's staff here so Message will be getting back to FEMA on our appreciation for their work. So thank you.
1:44 – 1:5414 turns
Let's go to public comment.
Chair Williams, members of the board we have one request to speak. We're going to go to Santa Barbara for Tom Bolle.
Thank you Chairman and Board. I just wanted to address, I've been working with the Montecito Association although today I'm speaking just for myself that I've done a careful review of This model, I focused on the area above East Mountain Drive or East Valley Road. Because it's generally agreed that the area is most at risk of a subsequent debris flow. What I did was I
analyzed-
Hey Tom?
Just hold on just a second because we're not seeing you. I mean, I suppose your beautiful face is not necessary for all of your testimony but we could, there we go. Okay,
I focused on the area above East Valley Road. I analyzed the damaged structures from the county's report and the new FEMA map and I overlaid the red dots and yellow dots and orange dots and blue dots on top of FEMA's map just to see if The new model was picking up the risk that we saw with the real world example of the debris flow. In doing so, unfortunately I noticed in the Randall Road area that all seven of the homes that were destroyed did not show at risk. They were less than six inches of water.
That would mean that they're not required under the like-for-like ordinance to raise their finished floor but clearly they're at risk So then I expanded that investigation to all of the homes north of East Valley Road. 147 homes were damaged or destroyed in that area, but only seven homes showed at risk on this new model so we've missed 140 homes that were damaged by the real world debris flow but don't show up in the model.
Of that there are six fatalities So the model is only showing 4.6% of the actual buildings damaged, and I think that's not portraying to the community the correct level of risk for this area of Montecito. I think some of those errors were modeling errors. An example is that all the bridges along Mountain Drive were modeled as in blocked so that the flows flowed around them, but for example on St. Lucie Railroad there is no bridge it was destroyed in the mudflow. So we're modeling a bridge as blocked That's study the model, give productive feedback.
But the problem is that Montecito needs to rebuild so if we're going to fall back on flood controls engineering judgment to encourage people to build at a higher elevation I would suggest that we let let the people proceed but the private sector provide that engineering judgment and continue to refine this model. I think it's just not accurate enough in the highlands, if you will above East Valley Road where it most needs to be accurate in order to give the people not damaged a good perspective whether they're really at risk or not.
I am available for questions thank you
And I'm going to just ask Mr. Fairam, I mean, I looked at this analysis or the beginnings of this analysis last week and I was very alarmed by it but you convinced me that some of the elements in the model are not an error at all but are the most likely scenario. Can you elaborate on that and respond to this? Yes, sort of
analysis. Mr Chair as I mentioned before there is a difference between a debris flow and a hundred year flood that falls on a burned watershed which is what this hazard map is depicting. And if you want to see the lack of coverage look at the existing flood insurance rate map which would make the entire area above San Ysidro or East Valley Road almost not subject to flooding and whereas it's significantly more covered now The dynamics of the debris flow are different. And yes, there are differences up there but that goes back to the discussion earlier where we have the footprint of the debris map and as these areas rebuild, we want to make sure we communicate to people the difference between a hazard map that was done by FEMA which is a flood based map and a debris flow which acts differently and understand that both of those risks are there.
But under Chapter 15A, The requirements are to adopt the FEMA maps and use those as a redevelopment tool for areas in that zone, and that's what we need to have. And recognizing the areas that are outside of this I do not believe is an error. It is a difference, and it's based on a difference between a 100 year flood on a burned watershed and an actual debris flow.
And I understand the decision to model the bridges as clogged was a sort of discretionary one or advice that we made to FEMA, or that county staff made to FEMA. So can you tell me why that is the most likely scenario?
Mr. Chair, as we've witnessed in the past these bridges plug they plugged in 95, 1969 it was our criticism of the existing flood insurance rate maps but FEMA had a standard where they model the bridges like you would on the Mississippi River And that they're not totally plugged. Montecito, we know that's not the case and so we asked FEMA to utilize real world. And if we have 100 year rainfall on a burned watershed or an unburned watershed those bridges as they stand today will be plugged and will be, and that's the reality of it. I would submit that if they are modeled as unplugged that the model would become even more inaccurate, as the speaker mentioned because now you're allowing more water to pass under it rather than forcing it out over banks.
So unplugging at least at East Valley Road would not achieve at least what the speaker was talking about. It would make it worse in that point of view and is just technically wrong. Supervisor Adam.
Thank you, I think really what the speaker highlights is the question of what happens when somebody wants to build higher under the like for like and the FEMA maps don't require that they build any higher because they've recategorized it at a lower hazard level. And obviously it was in a high hazard spot otherwise they wouldn't be wanting to rebuild.
I think that's, and maybe Diane wants to come up to verify. But my understanding we made a policy call because the planning commission actually was giving us the advice to only allow the rebuild in like for like at the new base flood elevation or a little bit higher. And my understanding is we rejected that advice and said that people could move farther front and higher as long as it's not in the front or rear yard setback.
That would require a variance. Is that understanding close to
accurate? Well, I'm not really getting that technical of a distinction in terms of moving the house on the parcel. I'm just saying if you're on a parcel and the house got destroyed And FEMA says there's no risk. Because there's some of these things where FEMA says there's no risk. And that may very well be true for the reasons cited by Mr. Faram, where the stream channels have changed and maybe there's actually a lower risk because the channel is actually deeper adjacent to that particular house. That's something that has to be ground truth on a case-by-case basis There has to be engineering on every one of these things, right? I mean nobody's going to just roll back in there and rebuild. I wouldn't think anybody reasonable would go back in there and try to rebuild at the same elevation after their house got wiped out even if the FEMA maps say things have changed and the capacity is actually higher next to that house at this point than it was before.
You see what I'm saying?
1:54 – 2:0919 turns
I think. Ms. Black?
Mr. Chair, to answer your question about the standards for like-for-like it is tied to the base flood elevation requirements.
So folks would not be able to go higher than the base flood elevation?
Well, I'll just read the language from the Montecito LUDC. And it says in relevant part, this is addressing height but it relates to the base flood elevation requirements. It says replaced or restored structure may exceed the height of the destroyed or damaged structure by more than 10% if necessary to comply with the base flood elevation that exists on the lot after the debris flower event.
And then it goes on to address a different sort of not relevant issue.
What would be the ramifications if we made that more permissive, partially out of reaction to this map so that we were facilitating greater levels of resilience and adaptation? I mean particularly I would want to, If you look at this geological survey map, there are parcels where if they met the base flood elevation they would still be wiped out by a debris flow as modeled by the geological survey.
So why would we not allow people to rebuild higher than the flow of the geological survey for example?
Well, Mr. Chair I think that's a policy decision for your board to make. I think the ordinance that you adopted specified that it's tied to the base flood elevation. Got it. So I think as we meet with property owners and we review the maps and the ramifications of the maps both the advisory map and the debris flow information that we have available will be able to ascertain whether there is a different need. I don't know if there is at this point in time to require or allow people to build at a higher elevation, but we can certainly come back to the board and address that if need be.
Do you feel significantly empowered by the chain of events to do that? Or would it be helpful to have that included in a motion today?
Well, Mr. Chair I feel very empowered to do what I think needs to be done to address the Montecito rebuilding efforts so I don't believe that you need to address it in a motion.
Thank you. Supervisor Hartman?
Thank you Mr. Chair. We're trying to balance- I'm sorry go ahead.
Go ahead, Supervisor Adam. Well what I was going to ask is how does Mr. Fairam think that this is going to work in your mind where somebody brings in some engineering and they come up with a different answer which let's assume would be higher than FEMA's maps because it's probably not likely to be lower? I think the problems will all be higher. And are you planning on conceding some of those things or in the current layout of things?
And given the fact that you want us to adopt the FEMA maps today, are you thinking that you're gonna be able to make those accommodations for some site-specific engineering concerns and to be able to come to an agreement with a privatized engineer and recommend to P&D that they approve that elevation that they're talking about building to now?
So Mr. Chair, Supervisor Adam I think the question on that falls with the limits of the map and whether we can require or whether someone can actually do that within the bounds of that ordinance but I would want to supplement that with what I said earlier that if we find enough evidence that would show that those limits and depths would increase, then I think we can try to have those maps changed in the future and bring that back to you again over this window.
But lastly on some of these changes too and what I mentioned before is the stream channels in the upper reaches have changed And I'll just note in San Ysidro Ranch, we met with the agent for the ranch out there that had the destroyed casitas up there. And the capacity of San Ysidro Creek in that area is far greater than it was before the debris flow because of the dynamics that the debris flow
increased. Well and that may very well be. But let's just say for the sake of argument that it's not there, and there's something that's a much closer call. And somebody brings in some legitimate engineering that says we gotta be up three feet higher than we used to be. And FEMA says no you don't really. Are you gonna be comfortable coming to a satisfactory resolution?
For everybody, based on maybe even some negotiations on the engineering. But maybe it's in your opinion two and a half feet or three and a half feet. I mean you could look at their engineering say holy crap, maybe
it should be higher. Mr. Chair, Supervisor, I certainly in the areas outside of this map that where a house was destroyed we would intend to work with those people and do the best we can to get them at a safer level. I don't know how that would work in relation to the like for like ordinance which won't stop me from making that recommendation because it is what it is And there are other techniques outside of the limits of the hazard map that can be used. Now we've heard a lot about diverter walls being built in Montecito and that's not a good thing because all it does is pushes a problem onto a neighbor, but a properly designed diverter wall for a structure only can address that. Where within the projection of the house, you can have a diverter wall which is kind of a form of flood proofing.
Which is another technique that could be done in those areas and we have done those in areas along Feather Hill, Gubernator Canyon Road and other areas. We have implemented that with the property owners as they've rebuilt so... Our interest is to try to get these homes built in a much safer manner than what we had before, which is why I'm so adamant that I'm recommending that you approve this map because it gives us a lot of tools to do that. And there are some fringe areas that maybe are the imperfection because of the difference of debris flow versus flood flow and that's where we're at.
Exactly. And I want to go to Mr. Gazzone because he's vibrating here and you want to sneak it in, but I want to come back to you after that. Just
so the board can have the benefit of some sidebars that we were having during the back-and-forth with Ms. Black on that and I think it may be helpful and maybe could be informed by planning on this If you think about the like for like ordinance, that's relief from the standard permitting requirements for rebuilding. So I think that if we think about the universe and start chipping away whatever percentage of houses in this special flood area is going to be, I think, the majority of structures we're talking about there may be some Outside the defined special flood area where they may want to build higher and There's a process within like-for-like where they can build higher, but their elevation would be impact I mean the ultimate elevation structure be impacted by that or they could go down the standard permit path.
So I think that, I don't know how many of these houses we're talking about but really like for like is relief from the standard permit requirements. And it doesn't mean that somebody couldn't ask for a permit if they felt like they needed to go up even if they were outside the defined special flood area.
Yeah, and given the fact that people live in these things and at some point may be at risk. And given the fact that we understand that especially with debris flows it's not known indefinite channels anymore. It's whatever happens. And that's why these things, these debris flows are so difficult to model and predict whereas water is pretty constant and when you give it a known depth and width channel it's pretty easy to say how much water it takes to get it to an elevation but then when you start adding 20 foot rocks and stuff and solution or suspension that's not liquid I mean it's liquefied dirt It's a whole different animal. And so I can understand where you're going to get a pretty wide variation of engineering opinion about what's going to be safe for their client to live in at a certain point, and hopefully We can have within our side of the decision making process some empathy for somebody who's trying to rebuild something and is going to live under the sword, as it were.
You know, that's what I'm trying to get. Because I got a whole bunch of people calling me that are saying we want to rebuild but there's things in this FEMA report that are straight up wrong and then there are things that are concerning I want to give people a sense of comfort. If they bring in engineering that disagrees with the FEMA map, which I would say is probably...I'm not trying to impugn the quality of the FEMA map but it's sort of a little close to what may occur.
And so therefore it's not exactly what may occur. And so if somebody wants to do some engineering on a site by site basis, we should be fairly accommodating in the spirit of like for like that we're trying to get people to be able to rebuild their homes. I mean that's the ultimate goal and You know that's kind of, if you can't give me a good sense of that then I don't know if I can support the adoption of the map because you know I want in the spirit of like for like to be able to go ahead and And help people to rebuild where it's appropriate. If there's some place that somebody is saying, well you have to build your house 50 feet taller. I don't even know how you do that at that point if you have to build it on 50 foot stilts to be safe then that's probably one of those places that you're just not going to rebuild because I don' t know how you would even do that but And to the extent that it's something less than a few feet, then we should just be able to accommodate.
It's your district and I don't know how you feel about that but if we can give that kind of direction and get that kind of feedback then I'm okay. Yeah,
I strongly agree that we should give people the incentive to build in a more resilient fashion. And that's why I do think that the planning director does need to consider whether to, in wake of these maps provide residents who are trying to rebuild with a little more flexibility on the positioning of the rebuild. Because even though you can apply for a permit as you have adequately bantered with our county council.
Many are economically constrained by their insurance to have to take advantage of the like for like ordinance. And it would kind of be tragic if people of great means can just process their permits normally and can build more resiliently, but people of more shall we say middle income means have to rebuild Only at base flood elevation or a little bit higher is in the ordinance and therefore are at greater risk. And so that's why I think it's important for us to consider, I guess what I was worried about initially because of the rumors that was surrounding the preparation That FEMA would come out with a map that was maybe modeling a 500 year flood and wiped everything out.
I think that's not the case obviously by this, seeing this. But we should not represent to people that just because this is the minimum standard that it's safe to rebuild and we should be promoting a higher level of safety.
So Mr. Chairman, I take that as a request for me to speak and indicate how flexible we can be. Without a specific case in front of me it's very hard for me to give you a good indication but I can tell you that there is some flexibility built into the ordinance relative to the height of structures and the ultimate height of structures. We certainly have the goal of supporting people in their rebuilding process and supporting them to rebuild safer. I'm not sure any of us can ever say it will be safe, but- That's right. Certainly safer so we will be looking at requests for like for like with those lenses in mind.
2:09 – 2:1512 turns
Supervisor Hartman?
Thank you, Mr. Chair. We're trying to balance here rebuilding expeditiously with public safety and there's elements of public safety but these maps deal with flood water not with fire not with debris and I guess my question is simply this and I think I know the answer. This is the best we're going to get until three to five years when new maps are made so it's this which is a very good product for the flood aspect of it This is the best we have and we can ground truth any modest errors that the LIDAR technology didn't catch. Is that correct?
Mr. Chair, Supervisor Hartman, that's correct and I will just say you compare this to what we have if you don't approve it, this is vastly better. We can't allow the pursuit of excellence to be the enemy of a good map and we have a good flood map here, a good hazard map here.
So Mr. Chair, if I can just insert a comment. I think one of the things we have heard in some of the meetings that we've had with project owners who are seeking to rebuild is these standards help them. And they help them in a very direct way. They help them with their insurance companies because they're required and so if you don't adopt these maps, we don't have requirements. We can get the information but we don't have those requirements codified and I think that's not helpful to people who are you know, seeking resources to rebuild.
Right but their rates don't go up until the new formal maps come in I think that's important to raise and I guess the last point I'd like to make is just the difference between flood and debris and the legal requirements are extremely difficult and going forward I guess everybody knows this, but just want to emphasize that advising people about the unknowables is really, really critical.
I have to say the thing that really was eye opening maybe It would not be overstating a minor revelation as your claim that the higher likelihood is of a debris filled flood, as opposed to a debris flow. Because I guess if we were Thought that it was more likely to have a debris flow than a flood. I would have concerns about this adoption today because if you look at the geological survey map, it looks different than this, a lot different.
But our staff's analysis that a sort of debris filled flood is more likely than a debris flow changes the equation. And can you tell us why you feel that's a more likely scenario? You've adequately gone over, this is a flood map not a debris flow map I think people But why, beyond the fact that this is the way everybody does it. That's an important point but it's not the most important point. I want to know why is it more likely to have to address a flood than a debris flow?
Mr. Chair, as you mentioned my opinion is that over the next several years the flooding potential is greater than a repeat of the debris flow and recognizing the rainfall events to trigger those are different. And certainly a longer duration heavy rainfall that would trigger more of a debris laden flood, which is what this hazard map tries to do. Is the more likely scenario than a repeat of the debris flow for a couple reasons.
This models what we've seen in the past over many decades and as the watershed recovers it's still not a full canopy of chaparral which we see in many of our other mountainous areas which dampened the water flow. The rainfall falls directly on the slope or on low growing plants near the slope and the runoff will be accelerated. And also, I know UCSB is looking at this now and trying to determine how much of the source sediment and rock is still available to trigger the magnitude of what we had.
On January 9th, versus what can happen in the future. And certainly a lot of that sediment has moved through because that's what the 1-9 debris flow did. But the potential for water to fall and cause a debris loaded flood catching debris and moving it in a more flood flow. In my opinion is the risk that we're looking at moving forward. Supervisor
Wolk?
Thank you Mr. Chair, if there's no more comments or questions from board members but it is in your district so maybe I'm prepared to make a motion but maybe you want to make them up? No go ahead.
Go ahead. I'll second your
motion. So Mr. Chair I'm going to... Mr. Gazzone he's looking at me.
Chair and Supervisor I was just hoping that we could post the changed recommended actions on the screen so we could follow along with that
2:15 – 2:1811 turns
And those are the recommendations that we have.
So there's two pages here, A and B and then C here?
Okay, so there's three bullets?
Yes.
Which you're calling A, B and C? A,B and C. Okay, so I will make a motion that we proceed with staffs recommendations either term the three bullets or A,b and c noted on page five and six.
I will second that and just mention that this map is not gospel. I don't think it's perfect, it is a model. It is a more useful tool than what we have and I think at the end of the day, if we cannot get a more useful tool in the next five weeks or six weeks and this is what we got to go with. Knowing that FEMA does have procedures for amending errors in the process.
And so while I can't say that I'm comfortable with the option, By your professional experience, Mr. Ferrum and by the assertion that what we need to prepare for is more likely to be a debris-laden flood than a debris flow though I would still advise property owners as they rebuild to try to prepare for both but that we can't really have two maps, we need to have one.
There has been a motion and a second. All those
in
favor-
And Chair Williams and Supervisor Wolf as maker of the motion, I understand the motion to be staff's recommendations as shown on slide five and six and is demonstrated on the screen here at the hearing today?
That's correct.
Thank you. There is a motion and a second. All those in favor please say aye. Aye. Opposed? Unanimous. Thank you. We'll take one more item before lunch. D4?
2:18 – 2:234 turns
Chair Williams, members of the board, item number four is sponsored by Supervisor Williams. It's a hearing to consider recommendations regarding false alarm cost recovery.
Good morning. I will be presenting information about false alarm cost recovery.
And just in case any of you have not met her, let me introduce you to Emily Elzain from my staff.
Thank you. We will begin with some issue identification in Santa Barbara County. Santa Barbara County Sheriff's Office regularly responds to false alarm activations throughout the county for both residential and commercial owners of alarm systems. Alarm activations are responded to by SBCSO deputies. Most responses by deputies are the result of false alarms with no criminal activity suspected.
And Santa Barbara County Sheriff's Office has no effective cost recovery system in place to recoup any of the resources spent on these false alarms. These are some statistics outlined in the board letter and materials. The sheriff's office responded to 5,599 alarm activations in 2016 of which 3,271 were responded to by a deputy patrol officer on duty. And only 32 of those cases were deemed legitimate enough for a report to be written. That is on the discretion of whoever's responding, so typically if there's criminal activity or a break in suspected they will write a report.
In 2017 that number increased to 6124 in which 3770 were responded to by a deputy on patrol and 35 reports were written In 2016, 105 alarm activations responded to by the Sheriff's Department were at the same five addresses. Patrol deputies responded to 30 calls and 15 of these were deemed to be accidental activations. Jurisdictions have adopted two different ways to recoup costs or deter the false alarm activations. I'll go through the first one, it's a verified response and this is a protocol used by the department which utilizes alarm features or physical confirmation to ensure that the alarm activation was non-accidental.
Verification of a triggered alarm can be made by property owner, the alarm company agent or by some audio or visual feature on the alarm. Deputies respond to the ones that are deemed to be verified through those methods and this could come as a potential cost to the alarm system owner because you might have to upgrade your system for your alarm to retrofit it with the audio or visual features.
An alarm fee ordinance is typically an annual fee coupled with a fee for additional false alarm activations. This is, from my research, much more common than the implementation of verified response. Jurisdictions may require registration of alarm systems with the Sheriff's Department. And accompanied fees will be charged for false alarm activations that are responded to.
Registration fees and false alarm activation fees may act as cost recovery for resources expended on false alarm response by deputies. The City of Santa Maria and Santa Barbara have adopted an alarm fee ordinance. Santa Barbara charges $40 for the initial registration, and Santa Maria charges 1370 for the initial registration. Those are renewed annually. In the city of Santa Barbara alarm fees For the first three alarms are $55, and then it jumps up to $100. And for the fourth end 250 for any false alarm activation thereafter The implementation of an alarm fee or verified response system can result in potential additional cost to the sheriff's office. So it would need to be determined if it's an effective cost recovery method, or if it would cause more stress to the department to actually implement and monitor.
And the recommended action for the board today is to direct staff to work with the sheriff's office and other involved departments. To develop cost recovery options associated with law enforcement response to these false alarm calls, and the feasibility of an alarm permit ordinance, alarm permitting fees, and verified response implementation. I am available for any questions that you have as well as members from the Deputy Sheriff's Association, Dispatch, and Santa Barbara County Sheriff's Office.
2:23 – 2:319 turns
Questions from the board. We have requests to speak?
No request to speak.
But I'd definitely love to hear from, do you see the president of the Deputy Sheriff's Association and an employee from dispatch in the audience. I just would love to hear from them since it was partially their advice that led me down this Rabbit hole, going to dispatch checking it out. And then I guess I asked the right question. I asked what's the thing we get the most calls on?
And I was expecting some kind of minor crime and in the dispatcher that I asked looked at me and like maybe he shouldn't tell me because False alarms, and so that and the advice of the Deputy Sheriffs led us to this analyzing this and to this point. And I just wanted to give you a moment to give us your short two cents on why we need to look closely at this and look at options.
I can do that, my name's Neil Gowing. I'm the president of the Deputy Sheriff's Association. Thank you Mr. Chair and the board for bringing this up and for letting me speak today. Alarm calls are one of the most common responses that our members respond to during their patrol shifts. Generally speaking it takes at least two deputies to respond to an alarm call.
The majority of the alarm calls we do respond to tend to be false alarms, many of which are the same addresses we're responding to over and over again. And with that being said, there are times that when we get there and we locate open doors it could take up to four deputies to respond depending on the size of the house. Obviously a house in Montecito can take us A significant amount more resources to clear than a house, say in the Orchid area. So it is taxing on our members as our members are being asked to do more with less due to staffing cuts.
Obviously we are looking for ways to reduce our call load and we would be supportive of some kind of way to hold alarm companies accountable. Additionally I'll let Jasmine speak on it but frequently the alarm companies when we do respond to alarms don't have The information that we really need. They don't have the name of the homeowner, someone we can contact if we have a break in. They don't have gate codes for us to get into the residences so we may have to jump fences to get in to actually deal with the alarms. So it is taxing on our members and obviously we would be supportive of some kind of way to hold the homeowners accountable for their alarm systems.
I'll let Jasmine speak.
I'm Jasmine DeForest, I am the second vice president of the DSA and dispatch supervisor. We were speaking outside about the impact that the alarms have on our dispatch center regardless of whether it's a chronic alarm and there's a response or not. A call is always taken by dispatch and generated in our CAD system. So there is a record of every time an alarm company calls dispatch to request a response, if it's something that is A chronic alarm or they've been out there several times, it'll sometimes be the discretion of the patrol supervisor to respond or not respond.
But regardless of whether there's a response or not, the phone call still comes in and we're still creating a call for service. Like Neil said, a lot of companies don't have responsible party information, premise phone number, gate code. And so if the deputies can't make access then they're driving all the way out to wherever the alarm is and they're unable to do anything about it or even check the premise.
So our role in it is just making sure that we have a record of the call coming in and then advising the patrol supervisor if they want a response or not.
Thank you so much for pointing out some obvious flaws in our system. Supervisor Hartman?
Thank you, Mr Chair and thank you for bringing this to our attention all of you and Emily I think you did a great job. Is our verified response and a fee two different strategies? I mean, I believe I have an alarm company and they call me if there's some break in the light that they monitor. And if...I think they have to get me first before they would call them but I don't really know. It sounds like we have a problem with the alarm companies and maybe we need to look at how they're regulated
Yeah, I think there's four broad categories of strategies here. There's the information gap and the cost recovery from registration just so that we know who these people are. And we have the relevant information that could make us process a call for service faster and more efficiently. Penalizing high flyers with the basic understanding that, okay a few false alarms that's human.
But maybe there's a certain point where if a resident isn't addressing it, that is causing an unfair burden on the rest of taxpayers that they are not paying for, right? The other strategy would be the verified response, and then the last strategy that I would put out there. That I'm not sure we know the confines of legally what would be permissible but one of the things that really bothers me about this whole situation is that alarm companies often already charge their Their customers for false alarms, but we're bearing the cost. The taxpayers pay for the false alarms, but the companies are actually charging their users for it. So is there a path for us to penalize the company? So that would be another strategy and I do think we need a little bit of due diligence to analyze those four strategies.
And I think my staff just gave me an eyebrow that says she has some good information on that too.
Supervisor Hartman through the chair, I actually have some updated information. You can't place a fee on the alarm system operator as a company because of California state legislation that passed newly in 2017 AB 1616. So anything related to false alarm, that cost recovery cannot come from a fee implemented on the alarm company.
2:31 – 2:3614 turns
Supervisor
Adam. Well you know I hate taxing people and I really hate calling it a permit And I guess I want to start out before going down the path of agreeing to some degree or another with this thing. I'm saying, you know there's other chronic high users too like domestics and Mr. Gowing might want to come back up here and talk about other instances where you might end up at the same location over and over again.
You're correct, Supervisor. There are other times that we may respond to other addresses frequently. Domestic violence can be one of them. Alarms would by far be the most that we respond to frequently.
Well, I agree but then maybe what we need is a chronic user fee rather than if you call out more than three times a year because you gotta be able to get some taxpayer has gotta be able to get some service for what they pay for and they do pay so So, you see what I'm saying? Yes sir.
I think my only response when the domestic incidents would obviously be that when we show up on a domestic there is a crime occurring. When we show up on an alarm call generally speaking it's a false alarm. There's no crime occurring.
Well right, but what we're going there for is because somebody called us out. Yes sir. And whether there's a crime occurring or not maybe we should consider just throwing it out there if somebody's engaging in a crime for more than three times a year maybe they should get a fee too. I mean, if you gotta come and talk to me more than three times a year maybe you gotta send me a bill. I don't know.
Just throwing it out there.
You have some corrective action man right? You've gotta get your life in order. Right! That's
why
they're chronic
user right? Law enforcement, the ultimate intervention. So
this could be user fees on roads as well right? I mean like if you're not driving on it that's the best fee always is a user fee but I look at this and man I can't believe that you do the numbers there's like 16 a day right? I mean that's a problem and if 1% of these turn out to be something Alarms by nature are difficult for anybody to figure out how to use, and I can see why people have them going off. But 100 times?
That's an issue, and that person needs to kind of pick up a little bit of the cost that's associated with that. If we've had to come out to your place and you gotta reset three different times, especially for a residential, And I don't know if these are more residential than business related, but yeah. I'm kind of the same thing where it's like if my alarm goes off, I expect a sheriff to show up. I hope somebody shows up. But after three times where it's my cat running around then I've gotta own a little bit of that so I don't have any problem with one of these things where if after a number of times, we start recovering a little bit of the cost. But I don't like it in everybody that gets an alarm has to pay a permit because you don't know if they're ever going to misuse the system or not so.
And I don' really understand the verified response thing. What? I don''t understand how that works. So if you could kind of flesh that out a little bit.
Supervisor Lavanino through the chair. It is more of a protocol that would have to be adopted through dispatch and the way the calls are received or how they're responded to, it is not as popular as the permit ordinance I think for that reason that it's a little hard to grasp.
Most- So an alarm would go off and then dispatch would have to get ahold of me or look at a video or something? Because I mean dispatch is already over. Overused at this point. I don't want to put any more burden on them, I'd rather put it on the alarm company. But is it really the alarm company if they install it and you've got some problem in your house that keeps setting it off for some reason or you're setting it off for some reason? I mean, I've set my parents off of a couple times by accident and didn't know how to fix it. So I shouldn't have been in the house, I guess.
Supervisor Lavanino through the chair, we actually have Commander Fotheringham, difficult last name to pronounce who can provide more information on the verified response if you prefer.
2:36 – 2:4114 turns
Hi, I'm Commander Darren Fotherham of the Sheriff's Office. Supervisor Lavinino through the chair. Verified response is using a form of technology generally or an actual person on site that validates that there is actually a problem at the location other than a false alarm due to mechanical issue with the alarm system and misreading of the technologies. Most of those incorporate audio where the alarm system when activated turns microphones on in the location.
Or video so that the alarm center can actually turn on a video and look at the location and see if there are nefarious activities going on, persons breaking in and such. Also may mean that the alarm company has a response unit that they respond to the location and validate that there is in fact been a break-in or other suspicious circumstances that lead them to believe that there's been some activity. So it's a variety of using the technologies or on-site person prior to then having law enforcement respond so that we know when we go to that location in advance, there is already something occurred there.
And the simplest thing would have been just for us to bring you sort of the high flyer charge but I thought that even though That would be the most likely scenario we go forward on. We should at least be looking at what would be the costs and the benefits of the verified response, meaning how much more stuff do these folks have to install for that system to work?
It seems like that would be a better system, I just don't want to add too much costs to the equation. And so, I just felt like it was something that we should have in the toolkit to look at. It's also kind of maybe the thing that seems to come up and advised more often by law enforcement professionals. Supervisor Hartman?
So if I'm correct, you're asking for direction for staff to go off and work with the Sheriff's Department and bring back several different proposals to us. And I'm very much in favor of that because I think anything that we can do to better use and focus our sheriff's deputies and dispatch time rather than wasting it is to be desired.
Other comments, questions from the board? Supervisor Adam.
Well, if we're going to embark on something like this I think I would rather see it be a registration fee rather than a permit. The word permit rightly grinds people a little bit and then you're gonna have to make a price for unregistered alarms because you can't make everybody come and register everything And I think the prices should be really reasonable. I think the Santa Maria model cited in the book is, or in the board letter, is quite a bit more reasonable than the Santa Barbara model.
Punitive and would be almost a disincentive to have an alarm. And in my own case, I'm required to have an alarm for the homeowner's insurance. So there's probably a lot of people in that boat so you probably wouldn't want to make it impossible for people to get homeowners' insurance because they didn't want to pay for the alarm.
I would partially agree with you and say there may be a sweet spot between them, and we want staff to give us their best advice on that. Is there a motion?
I move your recommendation.
I will second. Is there any further comment on the motion? And staff, one more shot.
Supervisor Williams if you could possibly define the departments you would like involved we know it pertain to the sheriff's office but possibly the CEO's office, treasurer tax collector and county council just to be a little bit more direct.
I think those four would be the ones that, Mr. Gazzani?
We're happy to just work with CEO's office and bring in the right departments as we would on any other project. Great.
I would also say because auditor controller will have to be involved if it's a fee so we can bring in whatever the appropriate departments are.
Great, we have a motion and a second. All those in favor please say aye. Aye. Opposed? Motion carries. Congratulations on your first staff
report.
2:42 – 2:4413 turns
We're going to have Chris up here one more time to move forward on whatever the voters decided on CSA 41 before we break for closed session. Excellent thank you Mr. Chair board members.
Letting it hang for anticipation for a moment.
There's no drum roll?
Okay, so there you go. So we tabulated the results, 70% of the- Hold on.
Read it back into the record, yes. Mr. Clerk, you are wise beyond your years.
With help from county council. That would be wise. Item two is public works, it's to consider recommendations regarding county service area 41 proposed benefit assessment for road related repairs improvements and maintenance. This will be fiscal year 2018-19. Please proceed.
Tabulated the results with 78% of the property owners voting by weight 59.8 yes 40.1 percent no So with that we would recommend your board these recommendations which are all of the ones listed on the board letter with the exception of e
Is there a motion I
will make a motion to adopt the findings or the election results. A through G? A through
G.
Without
E.
Oh, there is no E? No that was their ace in the hole for if the election went no. So moved. Is there a second? All those in favor, please say aye. Aye. Opposed? Thank you We will break for closed session. Maybe you can give us an estimate on closed session, Mr. Gazzani?
2:44 – 2:493 turns
Chair and Supervisors, I estimate about an hour and 15 minutes for closed session. You have three items. First existing litigation Rancho La Laguna versus County of Santa Barbara. Then conference with labor negotiators for all bargaining units, unrepresented employees, managers, and executives. And then third public employee performance evaluation for county council. Again my estimate is about one hour and 15 minutes.
Then we will be reconvening here at about one o'clock.
Good morning, everyone. Good morning. ♪
2:49 – 4:002 turns
Mm.
Thank you. Thank you. Music Mm hmm. Yeah. ♪ Yeah. Music Hi. Thank you. Hi. ♪ ♪ Hi. Hi. You. Yeah. ¶. Thank you. ¶. Yeah. Yeah. Yeah. you Yeah. you you Thank you. Thank you. ¶¶ ¶¶ Thank you. ¶¶ ¶. ¶. Hi. Music Thank you. Mm hmm. Music. You. You. Yeah. Hello. Thank you. Yeah. you Thank you. Music playing. ♪ Music.
4:03 – 4:262 turns
Mm hmm.
Thank you. Thank you. Yeah. Yeah. Yeah. Yeah. Yeah. Hi. Yeah. Hi. . Good morning. Hi. You. Yeah. Thank you. Thank you. ¶. Yeah. Yeah. Yeah.
4:34 – 4:382 turns
Thank you for joining us. You.
We'll start with a report from closed session.
4:38 – 4:456 turns
Chair and supervisors, today in closed session the board considered three matters. Existing litigation Rancho La Laguna versus County of Santa Barbara. Conference with labor negotiators for all bargaining units, unrepresented employees, managers and executives as well as county council public employee performance evaluation there are no reportable actions.
Then we'll hear
D5. Thank you chair Williams. Good afternoon.
Chair Williams, members of the board, item five is from community services. It's a hearing to consider recommendations regarding public comments received and funding recommendations on draft fiscal year 2018-19 action plan and the draft fiscal year 2017-18 action plan substantial amendment and make final funding approvals.
Good afternoon, Chair Williams and members of the board. I'm George Chapchin, Director of Community Services. With me is Lori Baker, our Grants and Program Manager, and Matt Kromke, our Housing Program Specialist. And we're here today for the Board to consider recommended funding from the Federal Community Development Block Grant program and approval of the Action Plan and the Action Plan amendments.
So at this time, I'd like to turn the presentation over to Matt Kromke.
Good afternoon, Chair Williams and members of the Board. As George mentioned, we're here today for your consideration of the draft fiscal year 18-19 action plan and prior year action plan substantial amendment. The plans include funding recommendations for the federal community development block grant funds which are allocated to the county by the US Department of Housing and Urban Development.
The action plan is due to HUD no later than July 1st. The action plan and amendment were made available to the public for a 30 day public comment period, which concludes today at the end of the public hearing on this item. The Community Services Department did not receive any public comments during the public comment period as of yet. The plan will be revised to reflect any direction provided by the board today and to add any public comments received today.
The action plan then will be submitted to HUD by the July 1st deadline. The county and its partner cities receive an annual allocation of funds from HUD to administer programs under the Federal Community Development Block Grant, or CDBG. And the Home Investment Partnership Program also known as HOME. The county is the lead entity of the HOME Consortium and the CDBG-Urban County Partnership and is responsible to HUD for the administration of the federal funds.
The CDBG allocation this year is just under $1.2 million, which is about $116,000 higher than last year's allocation. This chart shows how CDBG funds are distributed to partner cities. 20% of the allocation is used by the county to cover administrative costs and up to 15% may be used for public service programs. The cities may identify projects in their own communities otherwise their funds are pooled with the counties and distributed through our annual NOFA process.
This year, the City of Carpentria identified two programs for its public service funds. The prior year funds column shows $490,794 available from program income and unexpended funds from prior years. The total amount of CDBG available is just under $1.7 million. Approximately $1,038,000. This is about $629,000 higher than last year. The increase is due to an increase in the congressional allocation as well as the addition of Santa Maria to the home consortium.
This chart shows how home funds are distributed to the partner cities. 10% of the home allocation is used by the county to cover administrative costs. The cities may choose to use their share of funds for eligible projects in their own communities, or may pool their funds to award to housing projects. Applications for housing projects are accepted on a year round basis and staff will return to the board for funding approvals as needed.
The notice of funding availability was issued in November of 2017 to solicit CDBG applications for the 2018-19 program year. As shown on this slide, the total request for funds exceeded the amount available. 17 applications were received for public service programs requesting over $470,000. Ten applications were received for capital projects and assistance to micro enterprise business, requesting over $3.4 million in total.
HCD staff reviewed the applications for eligibility, capacity and other considerations and then the applications were forwarded to review committees. The Human Services Commission's Allocations Committee made funding recommendations for public service projects. The Capital Loan Committee made funding recommendations for capital projects and assistance to micro enterprise business.
The HSC allocations committee convened on May 7th to make a final funding recommendation for public service programs. This table shows the public service programs that the committee recommended for funding. A full list of applicants is included in the board packet as attachment C. This is a map of the public service program locations. Note that locations denoted on the map may represent office locations and do not completely identify the service area. Organizations service areas are included in the board letter.
It's also important to note that the cities of Santa Barbara, Goleta, Santa Maria and Lompoc each receive a direct CDBG allocation from HUD which brings in roughly an additional $3.1 million of CDBG into their communities. The Capital Loan Committee met on February 15th to make funding recommendations for capital and other projects. This slide shows the projects recommended by the committee.
Should be noted that after the board letter and information were docketed, General Services has withdrawn the Agnes Avenue ADA ramp which is identified as on the top of this chart due to a timing conflict with another grant they had received for the project. Those funds can be made available in the next NOFA. A full list of applicants is included in your board packet as attachment D for the capital funds.
This is a map of the capital and other projects. Again, the board actions recommended today are for the board to consider public comments and make final funding approvals. And also to direct staff to submit the action plan and amendment to HUD. This ends the staff report and we are happy to answer any questions. Questions from the board?
4:45 – 4:4913 turns
Just a, do we have requests to speak?
No requests to speak
I
just
had a question, thank you Mr. Chair on the 175. So was there not another capital project this year that we could have moved that 175 towards? We're just going to basically wait for the next go around?
There was not a capital project that met the criteria That could be fully funded. There is a potential project that could be partially funded. Okay,
so in your expertise it's better to wait for next year for a project that we can fully fund? Yes.
Okay. And I'll also just ask something Useful at this moment, but I hope someday we would do because The county as an institution is so huge in between you guys and behavioral wellness. You guys fund these guys from three or four different ways each, and it's always weird when we're looking at allocations when we don't. And I can't remember all the other things, ways that we fund them. So just as a, I want to suggest as a manner of fully informing the board That it would be useful, at least within your department. But even better if it was a crop between you and B-Well that we actually when B-Well shows us that we're funding XYZ project or you guys say that we're funding XYZ project that we also look at what other ways we're funding the exact same agency.
It may be for a different purpose, for a contract in some case or for another. But I think it's useful because when we look at it in isolation, it looks like oh, we're given this little bit to this but I think if you aggregate it,
Chair Williams, I agree. I think we can do that at the next one. And I know we did pull a list together of agencies that were funded through various different departments so we can include those in the next board letter items and it would be helpful.
It's only partially to inform us. I think the other part is to inform the public that sometimes what they think Charity is in fact a county service or at least 30% accounting service. And the county should get some credit in the community for that. Certainly can do that. Supervisor Wolfe?
Thank you, Mr. Chair and thank you for bringing this forward. I think that just in response to that, I think by having the Human Services Commission as also one of the review bodies helps us not to duplicate some of the agencies that we provide funds to or if we do that it's for a different purpose. So I just want to also thank the Human Services Commission for And all of your staff and kind of all the behind the scenes work that goes on. So thank you, thank you for
that. We appreciate that and I think this next year with we are taking on a human service commission as well so there will be more coordination. Lori will be working with the Human Service Commission even closer.
Can I get a motion? Motion in second, all those in favor please say aye. Aye. Opposed? It's unanimous. So D6.
4:49 – 4:5614 turns
Chair Williams, members of the board, item D6 is for public works and to the board as the Board of Directors of the Flood Control and Water Conservation District. It's a hearing to consider recommendations regarding the flood benefit assessment program for fiscal year 2018-19.
Good afternoon, Mr. Chair and board members. As the clerk mentioned this is the flood control benefit assessment item. Really the next three items are rate adjustment items for public works. The one after this will be CSA 12 and the one after that will be Laguna Sanitation. And these are rates that were included in our budget last week as well so we have three very short presentations for your board this afternoon.
First one will be done by Tom Farram, Flood Control.
Thank you Mr. Chair, members of the board, good afternoon. This is our annual return to the board for adoption of new flood control benefit assessments. I would as I mentioned each year these assessments were voter approved assessments and through that assessment that was approved by the voters included an annual CPI adjustment to that assessment to preserve funding levels.
The increases is defined by the CPI, by the state of California. And this year that increase calculated out to 3.8%. And just a snapshot of what a rate for an average single family dwelling is in the highlighted section in the middle for each of the flood zones. There's 10 of them within the county and each of those, that is the annual rate that is assessed not a monthly rate but the annual rate.
And with that, what we recommend is approval of items A, B, C and D this year to fulfill the first reading. And we will return to your board on July 3rd for the second reading and that will be on the admin agenda. With that I'll answer any questions.
There are no requests to speak so if you have questions or comments feel free. John?
I do have a question, and that has to do with the rates were initially set voter approved. But what is the basis? Is there cost recovery or is there any relation to for example when the new firm FEMA releases those three to five years does that change this? Or how do we make sure we really recover what we're having to spend?
So Mr. Chair, Supervisor Hartman, the original assessments were approved back in 1980 and they were set as a result of Prop 13 and they were set to recover a portion of the lost property taxes that were identified under Prop 13 with the idea then through the CPI would keep whole those rates. The one exception to that was in after the 1995 flooding event. The South Coast Flood Zone approved a increase to their rate, to fund several capital projects on the south coast and so that's the only time an adjustment was made. For the most part we manage our revenues to our expenditures We're managing our expenditures to our revenues, I should say.
And to that extent we are still able to build reserves that as you saw in the 1-9 debris flow factored in very important for us and we have reserves on all those zones to be able to accommodate emergencies response so we are happy with these rates at this time. But as always, if things change and additional projects or needs are identified we can always go back to the voters and ask for an increase over these rates.
Supervisor
Hartman?
I guess this goes back to an earlier item, but the FEMA maps when they come out is that just for private property or does that affect public resources as well?
Mr. Chair, Supervisor Hartman that is for private flood insurance program is for private properties.
I guess my question was that what if our nightmare scenario happens and we have you know $50 to $80 million of unreimbursed expenses because dirt comes down slowly. So the recourse is we have to go back to the voters and what is sort of the threshold for making adjustments, that sort of thing?
Yes Mr. Chair, so if we did expend all of our reserves say on the south coast and we had additional projects that we wanted to fund then we would do an engineer's report and then that would establish what the new rate would be and then it would have to go to a vote Obviously, the long-term debris production out of the Thomas Fire is a concern to us. But we're watching that carefully and what we also do is we carefully manage our expenditures on capital projects to make sure that we have that emergency fund as you may recall Lower Mission Creek has a price tag of over $80 million but we're building that slowly and even slower now as we progress because we are going to watch very carefully what happens in Montecito.
Supervisor Wolk.
On your slide number three, Mr. Farrum, just explain south coast number two why it's so much higher than the other areas? Is it because of the watersheds that need to be maintained? How is all this figured?
Mr. Chair, Supervisor Wolf, it comes as the geographical extent I could maybe go up to An earlier slide, if you look at the purple across the bottom it's one of the larger zones that we have so it has more properties than the other small zones. For instance, the city of Santa Maria is basically its own zone as is the city of Lompoc and then the others are more urban or I'm sorry, more rural areas and so it is larger. It has much more urban development when you include the Goleta Valley, the City of Santa Barbara, Montecito and Carpinteria. And then also, the rate was the one rate that was adjusted after the 1995 floods to pay for several capital projects. So it increased significantly over the other zones based on that election following the 95 floods.
Okay, yeah I can actually see it in the book that you passed out. So it's definitely larger but it's all based on amount per acre so it's not necessarily the size of the district. It's all based on acreage. But it sounds like from what you said one of the bigger differences was
4:56 – 5:0014 turns
And it's also based on land use and commercial properties and residential properties are assessed at a much higher level than agricultural properties. Much, much higher. And so because the runoff potential off of say a commercial property like a shopping center is much more than a agricultural plot. So it is based on land use as well.
So when it says, if you could go back to slide three. So it has the symbol for money slash AC. I guess I just assumed that was acre
but- That's per acre but in the case of that middle highlighted zone there is a minimum assessment because that's residential.
I see okay thank you very much.
Any other questions or comments from the board? Is there a motion?
I'll make a motion to move staff
recommendation. There is a motion, there is a second. All those in favor please say aye. Aye. Opposed? It's unanimous. We may get through all day this way. Let's do Mission Canyon. Excellent. D7.
Chair Williams, members of the board, item seven public works once again. It's a hearing to consider recommendations regarding county service area 12. This is the mission canyon sewer district. This is an ordinance relative to sewer connection charges, sewer service charges and a resolution relative to collection of the charges on the tax roll. This in the first district
Excellent, thank you Mr. Chair and board members. Marty Wilder will be doing the next two presentations. He does it in his role as Utilities Manager on this first item and then the last item will be in his role as our Laguna Sanitation manager up here in the Orchid area.
Thank you, Chair Williams and Supervisors. This is the annual action to consider County Service Area 12 service rates. In brief, Mission Canyon is a county service area that serves the residents up north of the Santa Barbara mission. The southern area is the portion that's on a sewer system that was required from the regional water board from 1983. There are currently 856.1 residential unit equivalents.
The Botanic Garden had a mixed number so that's why the decimal point. Wastewater is further transmitted to the city of Santa Barbara through a sewer system to their treatment plant. The county assesses the sewer charge on the tax roll, which is proposed to increase from 289.44 to 306.62 per year. City of Santa Barbara bills for their sewer services along with their city water bill to the Mission Canyon residents. The reserve balance at this time is about $1.28 million and staff recommendation to the board is to adopt the ordinance establishing the sewer charges for fiscal year 18-19.
Questions from the board? Is there a motion? Public comment?
No request to speak.
Second. There's a motion and there is a second, all those in favor please say aye. Aye. Opposed? How about you switch hats? But let Mr. Clerk read it into the record.
Item eight, our final item of the day is Public Works as the Board of Directors of the Laguna County Sanitation District. It's a hearing to consider recommendations regarding Laguna County SANS district ordinance relative to the service charges, connection fees, trunk line fees and a resolution relative to collection of the service charges on the tax roll third, fourth and fifth districts.
5:00 – 5:0514 turns
Chair Williams and directors of the board, this is the annual action to consider rates and fees for Laguna County Sanitation District. The district is a dependent special district, 458 provides wastewater services to Orcutt and unincorporated Santa Maria and is regulated by various permits. And we do our best to conserve and protect our resources. The annual rates were noticed per Prop 218 to the residents and customers of Sanitation District with appropriate hearings published in the Santa Maria Times. We held an open house and we did receive a small number seven of written protests.
Sewer charge rates pay for the annual operation of maintenance and reserves. They're collected on the tax roll, and this year we're proposing a 2.8% increase based on the CPI. As you may be aware, we had prior increases that were built into the fiscal model to pay for a master plan and plant upgrade that was presented to the board in 2011. The master plan assessed the condition of the plant, looked at future needs, reviewed regulatory criteria, compared alternatives and defined our future needs in two phases. One for current and one for a future capacity, and then evaluated those costs and revenue needs.
Therefore the proposed sewer charge for this year is $1,009.49 compared to last year at 980. 199, which would be an annual increase of 27.50 or 2.29 per month, which would be equivalent monthly rate of 84.12. Multiple residential rate is 819.54, schools 52.37 per capita and commercials based on waste load and flow. There's a comparison slide county wide based on level treatment for your information and at the time proposed increases if any.
Next slide shows how water and sewer costs compare together. The reason for that is in some cases, tertiary treatment of recycled water is paid for from a water fund of a particular city or district. So a more comparative analysis as shown here. Developer impact fees is a way to pay for equity buy-in by development. We have trunk line fees through either reimbursed costs for trunk line improvements and also connection fees, capacity charges more correctly titled to pay for treatment plan improvements that would go along for the use of the new customer.
They are proposed as follows, adjusted per ordinance connection fee at 3.3%, brings the fee to 7457 per residential unit equivalent. The two trunk lines, Dutart-Solomon trunk line at 1,058 and the Bradley trunk line which is a reimbursement agreement with the developer is 4.5% based on the prime rate is $2,546 for residential unit equivalent. Therefore, it is staff's recommendation to adopt the ordinances for rates and fees for next fiscal year.
Supervisor Adam? There is no request to speak so you can feel free to add comments in your questions though you nearly always do feel free anyway. You can't stop it.
It just comes leaping out. First of all I have two questions one is how many people showed up to the open house
Chair Williams, Director Adam we had four people show up at the open house.
Well that's better than a sharp stick in the eye I guess. And second why on page 11 of our presentation do we have a picture of St. Lucas
Ranch?
Chair Williams, Director Adam I was looking for a good picture showing
Do you not have some kind of a picture of some agriculture? Because I just know. I'll
provide a current one of our own property next year.
Can we
censure this guy?
Supervisor Wolk.
Why on the flood control benefit assessment, the annual CPI was 3.8 and on this one it says the annual CPI increase is 2.8? Don't we use the same reference point? Isn't it the LA County whatever so how are they different? Why are they different?
Chair Williams, Director Wolf I'm going to surmise that the reason for that is it's based on a different 12-month period. We use the calendar year.
5:05 – 5:099 turns
Well both say and you can you know we can check but if both say fiscal year 18-19.
To be used in the fiscal year 18- 19. And then we use the CPI for the calendar year 2017?
Mr. Chair, we can check on it. There are several CPIs by the Department of Finance. Flood Control uses a specific one that was approved by the voters called All Urban and I'm not sure which one Laguna uses and there is a timing. Ours in flood control is March to March And I'm not sure, because the CPI every month gives a number and so the change is based on the change in that number month to month. And flight control is all urban for Los Angeles, San Bernardino, Riverside and Ventura. And there are many different versions and I'm not sure which one Laguna's based on but we could check on that and get back to
you. That
would
be great okay thank you
So, Supervisor Adam.
So if there's no other comments I will make a motion to adopt staff recommendations.
There is a motion and a second. Any comment on the motion? Seeing none all those in favor say aye. Aye. Opposed? It's unanimous. We got through the whole day in unanimity. That's never happened before. That is an anticlimactic it, we will adjourn until July 3rd in Santa Barbara. Thank you. Hi, everyone.