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.0:03 – 0:0814 turns
Good
morning. It's nine o'clock and I'd like to call this August 30th, 2022 meeting of the Santa Barbara County Board of Supervisors to order and Madam Clerk when you're handing off my computer could you call the roll please?
Roll call, called by Clerk of the Board
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The next item is approval of our minutes of August 23, 2022. May I have a motion and a second please?
So moved. Second.
And any further discussion? All in favor say aye. Aye. Any opposed? Adopted unanimously.
Roll-call vote Moved by Bob Nelson · Seconded by Williams
Show transcript
It was.
Great thank you.
And now our CEO report, CEO Miyasato.
Good morning Chair and Board Members. Today we just have a quick update. We wanted to let you know what was happening with the excessive heat warning that was issued by the National Weather Service so today I have J.D. Saucedo from OEM who's going to give you a little update and also let the public know that information is all up on our website. Thank You JD
Good morning, Chair of the Board and Supervisors. And thank you CEO Miyasato. My name is J.D. Saucedo and I'm an Emergency Manager with the Santa Barbara County Office of Emergency Management. I'm here to provide information on a heat wave that's forecast for this week and summarize actions that the Office of Emergency Management or OEM has taken so far. The National Weather Service has issued an excessive heat warning for much of Santa Barbara County Including the Santa Barbara South Coast, coastal mountains and foothills, the San Ynez Valley, interior mountains and the Quiama Valley.
This excessive heat warning is in effect starting tomorrow August 31st at 11 a.m., and goes through September 5th or this Monday at 8 p.m.. The County Office of Emergency Management is working with all partner agencies and local jurisdictions to ensure they are informed of the hazard and understand what actions they are taking. The Office of Emergency Management has coordinated with the County Department of Social Services, Public Health Department, Community Services Department, the Agricultural Commissioner's office, and the Independent Living Resource Center to ensure that their respective partners are aware of the upcoming heat wave.
Their partners include medical facilities and providers, homeless shelters and outreach teams, access disability and functional needs community members, senior service providers, and the agricultural community. Finally, the Office of Emergency Management has created a webpage at www.readysbc.org. Again, that's www.readysbc .org Where the public can get the latest information on this heat wave and view safety tips to avoid heat-related injuries.
This web page will be maintained throughout the heat wave, and will include a listing of heat related services offered throughout the county. All information on this webpage is provided in both English and Spanish. OEM will also continue to provide updates on our Twitter and Facebook accounts. That information and content will also be provided in both English and Spanish.
That's all I have. Thank you for your time. However, I'm happy to field any questions if there are
I don't see any other lights, but what do we know about winds? Do we expect heavy winds or just blistering heat?
Chair of the Board. The current wind situation as far as with the National Weather Service has articulated to us is that we are expecting sundowner winds especially on Wednesday that could drive up heat on the coastal plain as well in the immediate coast But there haven't been any extreme wind conditions that have been explained to us. The wind sundowner focus, as the most recent forecast has indicated is between Point Conception all the way to San Marcos Pass so it's focused more on the west of Goleta area not so much the Montecito area.
So we haven't heard anything from the utilities about a PSPS announcement or anything like that. What percentage of our population in the county is set up for ReadySBC.org?
That's an amazing question and actually I wouldn't mind pointing over to my colleague, Ynairis Muniz. She oversees our alert and warning and she probably has that number for us.
0:08 – 0:119 turns
Chair Hartman, approximately 14% of the county is signed up for ReadySBC alerts. We do have a breakdown by region and I can provide that at a later time.
Is that 40 or 14? 14. And
just to piggyback on that if members of the public are interested in signing up who have not signed up yet if they go to www.ReadySBC.org that is where they can sign up to receive emergency alerts and they can also check their accounts as well.
So this is a public service announcement encouraging people to sign up. There are different kinds of alerts, but they get more information and it's really important for people to sign up.
Yes we have a phrase that if we can't reach you, we can't alert you.
Okay thank you and still seeing no other lights so thank you very much for giving us this heads-up. Thank you Chair. And that's the conclusion of your report CEO Misato? and Madam Clerk.
Chair Hartman and members of the board, I do have one quick announcement this morning. I would just like to remind the public who are participating in our meeting today of the board's updated methods of public participation for the Board of Supervisors methods of public participation and to provide public comment on general public comment or an item on the board's agenda. Please see page two of the agenda.
Members of the public can attend meetings in person both in the Santa Barbara board hearing room chambers as well as the Santa Maria board hearing room chambers Please note the board is following all local and state guidelines and are no longer requiring face coverings indoors. If you attend the board meeting in person, you will no longer be required to wear a face covering but please be advised that the Public Health Department is still strongly encouraging all county staff and members of the public to mask and socially distance themselves in crowded areas I would also like to remind the public that if you require any special accommodations, please contact the Clerk of the Board to make that request. Preferably on the Friday prior to the board meeting.
Individuals that would like to provide verbal public comment virtually may do so via Zoom by registering in advance via the link available on page 2. After registering you will receive a confirmation email containing important information about joining the virtual meeting. Once the chair has announced the item you want to comment on, please join the meeting with the information provided and the registration confirmation email. You will be placed on mute until it is your turn to speak.
The clerk will call you by name and when removed from mute, you will hear a notification that your line has been unmuted. If you are using a touch tone phone, you may need to press star six to unmute yourself. Each person may address the board for up to three minutes and this is at the discretion of the chair. If you have any questions please contact the Clerk of the Board's Office at area code 805-568-2240 again that's 805 5 6 8 2 2 4 0 that concludes my announcements.
Thank you Madam Clerk turning to our administrative agenda I have that board members have pulled item A5, A15 and A17 are there any other items that board members would like to see pulled? And any members of the public madam clerk would like to see items pulled?
Chair Hartman and members of the board we have no request to speak on the administrative agenda from the public
0:11 – 0:147 turns
All right, would you read A5 into the record please?
Chair Hartman and members of the board. Administrative item number five is from the Community Services Department. It is to consider recommendations regarding the County Inclusionary Housing Ordinance 2022 update an annual adjustment of affordable housing in lieu fees and inclusionary housing requirements.
Supervisor Nelson
Yes, thank you Chair Hartman. I have asked for this item to be polled and I don't actually have any questions of staff but I just kind of have a greater point to make about the inclusionary housing program. You know, obviously housing is a statewide problem and definitely in Santa Barbara County. And as we go into our housing element update you know I'm looking at all the different pieces not only zoning but what is the cost to get something developed? And you know inclusionary area housing is a cost. You know and I think it's really important for us as we move forward into this process to be weighing out all the different pieces of it. You know it says streamlining the process It's inclusionary housing fees, it's developer impact fees. All that goes into the cost and in part in California and Santa Barbara County, it is really expensive to build and construct and because of that, that also helps to drive house prices higher where a developer probably needs to make a greater return on their investment to be able Initial outlay and risk.
And so I just wanted to highlight that this item isn't asking for our approval of the inclusion element That will be coming forth in the housing element update at this point is just Bring raising these fees by ordinance. This isn't actually an action of the board to raise the housing element fees those were Presupposed many years ago, and this is just an opportunity for this item to be highlighted.
And so I have no problem moving forward with it but I do want just to, for us as a board, I know I am, as I read through these things thinking about how do we address this housing issue? And this is a program that's been around for a lot of years. It has helped contribute to building some low and very low income housing. But at what cost ultimately? Has it hurt us in our total housing supply? And would that have been better if we would not have had those fees in place? And I think those are things that I'm wrestling with as a decision maker moving forward. And just wanted to highlight that for a moment, as we move into the housing element next year. Thank you.
Thank you. And Supervisor Williams.
Well, I think it's good to ask these questions and I think my sense is inclusionary has been a very beneficial tool. You wonder whether, you know typically the inclusionary is what 120% to 160% of AMI. You wonder whether you would want a higher percentage but target for 160 to 200% of AMI since that is at least in the South County our area of greatest deficit.
Or in terms of at least some projects. So I'd love to look at it from a data-driven perspective in the future.
Some great comments, Madam Clerk A15.
0:15 – 0:1911 turns
Chair Hartman and members of the Board, Administrative Item No. 15 is from the Public Health Department. It is to consider recommendations regarding an agreement with Town & Country Inn for non-congregate isolation sheltering.
Supervisor Nielsen?
Yes, thank you, Chair Hartman. This is another item that caught my eye in part because this is the housing we're doing Those people with COVID that need to be isolated. And as we're moving from a pandemic to endemic, that we're looking for things that are more sustaining. I saw the budget allocation for 22-23 is actually higher than 21-22 and as we were trying to ramp things down that caught my eye as something of concern so I reached out to staff and And my overall point is I think we need to be looking at these different expenditures with ARPA dollars and figuring out how we can either ramp those down or making those sustainable. I know we eventually have to recapture some of those dollars, make sure they get spent prior to losing them. And this is one of those areas where I want to make sure that public health and the county as a whole is looking These expenditures saying, hey does this still make sense?
It did potentially a year ago as we need to move to more sustained strategy and where can we recapture those dollars and make sure that they're deployed in a place most effective for the people of our county.
And if I might piggyback on your question for Mr. Nielsen, it says infectious disease so my question really had to do have we had was this something we instituted only with COVID and we've learned and we might want to keep it for other infectious diseases? And so that's my question
So Chair Hartman, I'll answer your question first just to make sure I don't forget it. Yes we do employ this with other infectious diseases but more on a one-off type of situation where if we have somebody that needs to be isolated and doesn't have the capacity to do so appropriately. Paige Batson from my office filled me in yesterday on that component of isolation related to other infectious diseases.
Yes, we use that model but not in this sort of structured plan way. Supervisor Nelson through the chair so my executive staff brought this issue to me for discussion about a week or 10 days ago to ask that we discuss changing the service that we've been providing during COVID changing the model and so we have had discussion we're looking into requirements of all parties involved This basically is providing a service to COVID-positive people that are being discharged either from the emergency room or inpatient in the hospital and they're still COVID positive and they're not able to go to a homeless shelter for isolation because they have not previously been in any particular homeless shelter or those shelters. Don't have the capacity at that moment to take that but my staff feel agree with you that we should be looking at moving on from this and so We're trying to do so plan fully and thoughtfully, and we have another meeting scheduled within the next week And then after making decisions will be engaging our partners related to that transition because these monies can be used for other other things
Thank you Mr. Nielsen and I guess questions for the CEO, I know at some point in the future we will be kind of coming back to the board with various ARPA expenditures is there what's a sort of timeline on
that? That's correct Chair Nelson and I'm looking at the long-range calendar and when we said we were going to be doing that but we will be coming back to your board looking at Nancy October or November this fall
September 20th.
So we're coming in September for that and we are getting ready to have those numbers prepared for you. Thank you.
And so that's all you need to know from Mr. Nielsen?
Those are my questions, thank you.
0:19 – 0:2413 turns
Chair Hartman and members of the board, administrative item number 17 is from the Sheriff Coroner's Office. It is to consider recommendations regarding a contract extension for satellite tracking of people LLC stop.
Supervisor Hart.
Yeah, I just have some questions about the satellite tracking the people in the alternative sentencing program wanted to get a kind of sense of the number of folks that are participating in the program how many folks are doing ankle monitoring versus the sheriff's work alternative program?
Members of the Board, Chair, good morning. I'm Lieutenant Salmada with Sheriff's Office. As you already know for many years we've been running two distinguished programs. Alternative Census Bureau which is electronic monitoring and Sheriff's work alternative program. As of today, the total numbers on both programs is 72 inmates. We have 72 offenders currently in the program. Did you say 17 or 72? 72. Out of those 72, 65 are on electronic monitoring and only 7 are on sheriff's work programs.
And then generally speaking in the course of a year, how many folks violate the provisions of the programs? Is it just a handful? Does anybody?
Normally it varies. It varies from month to month and it varies on the season of the year but in general we run up to two or three even four or five funders who violate the rules of the program during their term.
So in the ankle monitor thing, it's somebody who cuts off the ankle monitor in the alternative work program. They don't participate in the program and then they get rearrested and put in jail?
Exactly. If they do violate the rules of the program, they get rolled up from the program being brought back to the facility where we incarcerated them with arrest.
And then this particular agreement is going ahead for four years for the $900,000 and so it's about two hundred twenty-five thousand dollars a year and I saw in the staff report that about one hundred seventy thousand dollars had not been used in the previous agreement. It wasn't clear to me whether that was in the last two year period As you already
know, the Board of Supervisors entered into an agreement with Stop Satellite Tracking of People in 2016. At that time it was the funds were supposed to be $900,000 not to exceed $900,000 and for so far we still have a budget up to approximately $200,000 left on the
Okay so that was a similar term, four years and $900,000. So it's about a quarter of the expenditures, little bit less that weren't used and that's because people aren't taking advantage of the program? What's what's the reason for the
cost? The reason is that you know as during the past few years so quite a few things have you know including pandemic the number of offenders on the program has declined The cancellation of E4 as well too is playing a role in the number of offenders. As we speak, we are actually at record numbers low as far as inmates who are already sentenced and during the time in county jail. Therefore that affects the numbers for those who go to the program. As you know, we have to vet every single person who goes into the program to make sure they do not carry on with the same kind of behaviors before they got incarcerated.
So the number has declined over the years.
Okay, and then we previously the board had a discussion with consultant that was working at alternatives for you know reducing the number of folks in the jail long term by doing a variety of different programs that better match The needs of those individual offenders, let's get services to people rather than necessarily incarcerating them. This is one of the key parts of that, the Alternative Sensing Program as a whole.
So I think the interest of the board and I hope the Sheriff too is in increasing participation in these programs. They're pretty successful with the small number of people that violate and so my hope would be in this next four year contract that we don't end up with money on the table, that we get folks who are qualified, that are safe to participate in these programs You know the benefit them in the community through the system And so is there are there ways to speed up the application process to simplify that you know? Yeah, obviously you want to be careful. You want to make sure you're getting the right information from folks But you know I've been told that there's a delay That's pretty significant in terms of when somebody expresses interest in being in this program and the actual Authorization to make that happen.
You know, I'd hope that we're trying to bend the systems to make them work more efficiently so we can get more people doing these programs because they save money and they protect the community from a public safety standpoint as well.
0:24 – 0:3016 turns
As you already know, starting July 1st, we started cooperation with the probation department who will be taking over the monitoring aspect of the electronic monitoring With that happening, it's actually been two months since we started the cooperation. That will give some free time to our staff to pay more, spend more time in the facility trying to recruit, to hand out applications and trying to interview people and do time before they... This is just a expedited process and to recruit more people to go participate in the program.
But again, so far it's been based on voluntary basis only. So those individuals who would like to spend their time in electronic monitoring they will apply and they'll go through the screening process.
Well that's really encouraging to hear about the Division of Labor with probation and the fact that will free up more of your staff resources to focus in on encouraging people to consider this and process their applications quickly and timely and get them into the program. I think it's a good program that works well so thank you for
that.
Supervisor Nielsen?
Yes, thank you Chair Hartman and thank you Supervisor Hartman for those questions. I had some similar questions on this item. I'm a little concerned about the numbers going down so much in this program. It seems to be something that we should be trying to move towards as a county, and I agree. And it's obviously a huge cost avoidance spending $3 a day versus how many hundreds of dollars a day to incarcerate somebody makes a lot of sense from a fiscal point of view.
But you know, I'm hearing alternative sentencing. Where were we at with pretrial and electronic monitoring? Is that the same program? Because I know we're making huge investments. Chief Heitman's here too, because maybe I don't know if it's appropriate for her to speak to it. But are we making this technology available on pretrial as well so that some of our those that have been arrested can be out and be monitored during that time? So instead of being in jail as we start to wrestle with some of these things?
Supervisor Nelson, we currently are focused only on the individuals who are already sentenced and they're serving time. We are not focusing on the pretrials at this time.
If you don't mind I'd love to hear from Chief Hartman here for a minute about that technology and I'm sorry to just jump you with that but it seems relevant
Supervisor Nelson through the Chair, you're correct. We are focusing on the pretrial as well. It's a little bit of a different dynamic in that the alternative sentencing decisions about releasing on GPS are within the Sheriff's discretion. On the pretrial side it's within the court's discretion so the pretrial staff prepare an assessment bring it before the court as part of their arraignment and the court determines if they're going to proceed with release on pretrial. We use electronic monitoring specifically to overcome community safety concerns with particular types of clients, such as those that are being brought before the court on domestic violence offenses.
GPS can be used very effectively to ensure that they stay away from any potential victims. So it is one of the tools that the court uses and that we regularly recommend We do have quite a few pre-trial clients that are on GPS. However, it's not required
for all pre-trial clients. Okay so that's not probably in the 70 number that the Sheriff's Department is talking about at this point? There's additional numbers out there of people that are on electronic surveillance or GPS surveillance that have been arrested and are waiting trial that are going through courts and your department?
That's correct.
Okay great thank you that's helpful.
Supervisor Williams
I just want to say that though, I very much support betting. I mean, I support the discretion and the thoughtfulness in these types of programs that I hope both departments bring to it but I want to speak my agreement with Supervisor Hart that this is a vital and key strategy for the sustainability of our public safety departments. To me, the question of ensuring our ability to arrest and detain the people who really belong in jail hinges upon our ability to have the discretion for other sentencing possibilities for those who might have better results not in jail.
And so I just want to encourage both departments to dig in deep on this as a strategy that ensures both accountability and fiscal stability.
Supervisor Hart.
There's been a lot of discussion from board members and I think a universal agreement that this is an important program, and we want to see it be successful and continue to protect the community and give folks more options to get their life back on track so it would be great to have maybe a quarterly report that just helps us understand the progress Increasing numbers, you know the issues that you have They come back to the board with that as an item would be very helpful to us I think so if you'd commit to that. That would be great Thank you
All right Like I see no more questions then and thank you very much for sharing that So I'll now entertain a motion to approve the balance of the administrative agenda
0:30 – 0:333 turns
so moved second
And all in favor say aye. Aye. Any opposed? Administrative agenda is adopted. Madam Clerk, would you read item number 18
into the record please? Chair Hartman and members of the board, administrative item number 18 is sponsored by Supervisor Hartman. It is to adopt a resolution proclaiming the month of September 2022 as National Preparedness Month in Santa Barbara County and joining us in person today to receive this resolution we have Yanaris Unions and Stacy Silva from OEM And if you can join us at the podium, I'll go ahead and read the resolution into the record Whereas National Preparedness Month provides an opportunity for residents to join citizens across the United States in preparing their homes, businesses and communities for any type of emergency.
And whereas the Federal Emergency Management Agency announced the 2022 National Preparedness Month theme of a lasting legacy. The life you've built is worth protecting. Prepare for disasters to create a lasting legacy for you and your family. And whereas planning now is the best way to improve community recovery from disasters. When individuals take responsibility for preparing, excuse me, for preparing their families and their communities, the chance of survival and return to normalcy following a disaster is greatly increased.
And whereas the County Office of Emergency Management and partners are tasked with promoting and supporting emergency preparedness, educating individuals on local hazards and how to prepare for them. And whereas the Office of Emergency Management is committed to diversity, equity and inclusion throughout all aspects of emergency response including public education, preparedness resources and emergency information.
And whereas Santa Barbara County is home to several community-based preparedness and response teams comprised of volunteers who have selflessly undergone hours of training to help our communities be more resilient. And whereas this month the County Office of Emergency Management urges all residents to plan for disasters by participating in neighborhood preparedness activities, registering their contact information at www.readysbc.org to receive local alerts purchasing or refreshing their emergency kits with essential items and whereas while we cannot always know when the next disaster emergency will confront us, we must remain ready together. We can ensure that we have the information and resources needed to safeguard our communities from a crisis or disaster Now therefore, be it hereby ordered and resolved that this Board of Supervisors does hereby proclaim the month of September 2022 is National Preparedness Month in Santa Barbara County and calls on all government agencies private organizations and the people and businesses of Santa Barbara County to develop their own emergency preparedness plan and work together toward creating a stronger and more resilient community passed and adopted today.
0:33 – 0:382 turns
Thank you Chair Hartman and Board for recognizing September as National Preparedness Month. I'm Stacey Silva, an Emergency Manager for Santa Barbara County and we wanted to take a minute to highlight a few items of preparedness for you and those members of our public that are watching. Our ability to respond to disasters is significantly aided by personal and community preparedness efforts taking steps even though small steps to prepare yourself your family and your community can make a huge difference in times of disaster. The Office of Emergency Management wanted to take a minute to highlight some of our preparedness resources available on our website at readysbc.org This website is a comprehensive resource for disaster preparedness as well as a reliable source of information during a disaster All materials on the website are available in English and Spanish First of all, I want to take a minute to highlight the orange banner.
Sign up for ReadySBC alerts. Clicking on that will walk you through the process to ensure that you're registered for those alerts. As JD said earlier, if we can't reach you, we cannot alert you. So that's a very important step. From that page, the blue icon there says prepare and if you click on that link, we wanted to highlight a couple of areas. Do you want to click on that link for me?
Thank you. First of all, there's a section there for making a plan in this section. There are free customizable plan and communication templates to assist you as you prepare we want you to focus on the six P's of planning people and pets Papers such as birth certificates and other important documents, prescriptions, pictures, personal computers and tablets. And of course plastics those credit cards and ensuring you have a little bit of cash as well.
ReadySBC.org also contains resources for community members with disabilities access and functional needs and includes local community partners that can assist with your planning efforts. We also want you to familiarize yourself with the terminology that you may hear during a disaster. Being aware of emergency terms and planning for what actions you will need to take at each stage will make a stressful situation, a little less stressful.
There's animal preparedness as well for both household pets and livestock including tips on making a kit, identification techniques and how to get assistance during an emergency. And of course this is a great month to build or refresh your kit and so to highlight how you can create a disaster kit in an inexpensive way and using items that you have lying around your home I will turn it over to my fellow Emergency Manager Ynairis Moniz
Lower for me. Good morning, Chair Hartman and the board. My name is Yanaris Moniz. I'm an emergency manager with Office of Emergency Management. And our office strives to help the community understand how to prepare. We often talk about preparing a kit but often we hear that folks just don't know where to start or that the cost is prohibitive. So to illustrate the point that we can actually start preparing just by gathering things we have at home, I brought my first emergency kit that I developed years ago before I even was an emergency manager. I grabbed this yellow backpack that I would use for day hikes, and I just started looking around my house to see what I can put in it. I put a flashlight, I put some supplies from my first aid kit, a charger, some clothes, and that was the start of it.
And it's not a one-and-done deal. It takes time. So it's a process over months and years, and over years this thing has become quite stuffed. But what we want people to understand is that it's important to just begin. And that can mean grabbing a backpack, maybe an old gym bag, even a reusable grocery bag and just having that be the place where you begin to put those items but also letting folks in your home Whether that's family members, roommates. This is the place where they can find some of those items and how they can contribute to those items.
As folks gather those items, it's important to pay special attention to unique items that will be needed during an emergency. So as an example for myself I wear glasses my spouse is hard-of-hearing and wears hearing aids so I have my old eyeglasses in here we have batteries for his hearing aid We have prescription medications in here. So it's important to just look around your home, look at what your family needs and start that process. The other thing I want to highlight is documents so that's the one thing I will take out from my backpack.
During our outreach events, OEM distributes this handy dandy ReadySBC.org document holder. So just start grabbing things like insurance policies, prescriptions, bank statements and start collecting those again in one place. The most important message is just have what you have, start with what you got and get it all in one backpack, one bag and begin the process. Thank you again.
0:38 – 0:4210 turns
Thank you. And does that conclude your presentation? Well, Ms. Silva and Ms. Munoz, that was extremely helpful. I think about the six Ps and that makes kind of a diffuse task more focused. To start with something is very helpful too. I think we can't overstress that public safety is a shared responsibility Government can't do it all, and so you have to start in your own household and then working with your neighbors.
The more ties across neighbors looking out for each other if someone is not so mobile, if somebody needs help with pets, that makes for a more resilient neighborhood. So we're all in this together. We just heard that we're in extreme heat warning and heavy winds, so this is the time to get ready. Thank you so much. And so turning to general public comment, Madam Clerk.
Chair Hartman and members of the board yes we have one request to speak from the public on general public comment today and we are going to remain in Santa Barbara for Gretchen Murray. Gretchen?
Madam Chair, Board of Supervisors. I appreciate you having the time for me to speak today. I have one quick slide here. I wanted to bring to your attention and I don't know the timeliness on this that the CDC have revised their guidelines on COVID and this is something that the Department of Public Health in Santa Barbara County May need to bring back to the board to make a resolution on but they have relaxed so many of the different restrictions.
The main reason I'm here speaking is there are still places in the county where they require vaccinations and you cannot get in And that includes Santa Barbara City College, the enrollment there has dropped considerably because people do not necessarily wish to be vaxxed or they have had the two shots and nothing beyond that. And so I'm hoping that the board can speak to public health and bring back to the county that they now follow the new CDC guidelines.
Thank you very much.
Thank you. CEO Miyasato?
Thank you for that comment. So just as a reminder, we can ask public health to bring something back or send some information out but the state has different guidelines than CDC so I want to emphasize the State Department of Public Health has different guidelines than CDC and we're following the state's guidelines.
Is there any way to speak to the state? I mean from here from a single person I'm a long ways away I would really like, is there a way to make a resolution even to go to the state to reconsider?
We can follow up with you and Terri Nisich back there works for the Public Health Department. She can talk about what different options we have. Thank you. Okay thank you.
And that concludes general public comment on today's agenda.
Thank You Madam Clerk would you read departmental item number one into the record please
Chair Hartman and members of the board, departmental item number one is from the Human Resources Department. It is a hearing to consider recommendations regarding elected department head salaries.
0:42 – 0:561 turns
Good morning. Chair Hartman and members of the board. I'm the county's human resources director, and my name is Maria Elena de Guevara. My purpose before you this morning is twofold. First, I'm here to frame the listed topic of elected department wages as well as the topic of parity for attorney department head positions. Second, I am here to provide several options for the boards considerations on These two topics.
Next slide. I have just five slides for you this morning to cover this agenda. Thank you. And then my staff and I are available to answer any questions and provide additional information that may be helpful to the board's discussion this morning. Next slide. For the public, uh, and the board, um, starting with a brief look back on the board actions impacting elected department head wages So let's get started.
In December of 2016, a new wage structure was established for unrepresented executive and management employees. This new wage structure used the concept of a compensation pool and it was codified by a resolution as the Management Classification Salary Plan This plan did not include elected department heads. However, at the same time but by separate resolution two things happened specifically for elected department heads.
A new wage structure was established for the elected department heads, namely that for future years The comp pool increases for appointed department heads shall apply to elected department heads as a flat percent increase. That was their new wage structure in future years, and two that salary surveys would be conducted in the second four years of each term.
So as you can see, a very specific resolution was determined at that time in 2016 for elected department heads that established their wage structure. In March of 2018, a single resolution governing benefits for all non-represented employees including elected was brought forward and it impacted all non-represented employees. But it was very specific to the unit cash roll up, and it didn't really impact wage structure formula. It was very specific to the unit cash up.
A few months later A resolution, once again very specific to the elected department heads came through to clean up language that had been made obsolete because of the March resolution. And here in the December 26th wage structure language was restated verbatim That the comp pool increases for appointed department heads shall apply to the elected department has as a flat percent increase.
Staff. Has since been guided by this. Resolution for providing increases for elected department heads. Next slide, please. As you may recall, in the fall of 2021 County HR presented a three phase project plan to revise the management class salary plan as part of an ongoing effort to address existing recruiting and operational challenges. To simplify and streamline implementing, before we implement Workday.
And to eliminate conflicts between governing documents such as the county ordinance resolutions and the management class salary plan. An action item under this project was to change the wage structure for executive managers as an interim step. This action item was accomplished in December of 2021 through resolution, and it eliminated the comp pool wage structure for executives and management. And it replaced it with a general wage increase and eligibility for an additional performance-based increase.
Which was two point five and then an additional two point five for that additional performance based increase. In June of 2022, county H.R. drafted a resolution. That would increase wages for the elected department has by 2.5. But you may recall that. That resolution was pulled at the request of the elected department heads So this brings us to our very first discussion point.
That the resolution that currently governs the wage structure for elected department heads is not applicable for us right now because it ties increases to a construct, the comp pool that no longer exists. It was Replaced and removed in December of 2021. So that's our challenge, however I did have the opportunity to meet a few times with my colleagues. The elected department heads and I appreciate their collaboration to work with me and to identify a few options that we can bring to you.
And my staff and I also added a few options so that you would have plenty to consider this morning. Next slide, please. So here are the options. We have seven for you today. You have seen these options in your packets, so I'll just briefly highlight them. Option number one, which proposes a 2.5 general wage increase this fiscal year plus a 2 .5 commensurate pay and in future years the same general wage increases as appointed department heads plus the equivalent percent performance-based increases that appointment department heads receive.
This is the Option that the elected department has proposed. Because they really feel that it best represents the historical spirit. Of maintaining commensurate wages between the elected department heads and the appointments. But we also discussed option 2. Which for this year anyway, it's very similar as option one. But for the future years it provides the issue or addresses the issue of parity for the district attorney that I'll cover in a few moments but it also addresses the issue of compaction for the sheriff.
With the elected department heads, we also discussed option number three. Which is that you tie the salaries to market at the start of each term and then for each subsequent year, you provide the CPI. Now, the elected department heads would like to propose that there are no brackets to that. You just get the CPI. But as your Director of Human Resources, I'm like let's try to put some brackets to that CPI to protect the county. So we're proposing both options for you here with some parameters and without parameters to provide both options.
Option number four is an option that ties the elected department head's salary increases to match what the board's current wage structure is today. And then number five, is basically what county HR proposed in June. which is 2.5 and then we can come back to the board at a later time with more thought, well-thought out wage structure that's 5A, 5B is a five percent now and then we can return to the board number six of course is you can take no action today But my sense is we'd probably have to come back and determine what a wage structure would be for the elected.
And number seven, is any combination of any of these or something else that the board desires? So these are your options. And- county HR provided in your packets draft resolutions for some of these in the event you'd like to take action. Today and we can during your closed session we can after you've deliberated we can come back to you if you want to take some action however for some of the other options of course what will have to just come back on another day.
Likewise I'll be presenting costing So a few of the wage structure options I presented identified 2.5%, 3% or 5% increases, so we've costed these out for the remainder of this fiscal year and then annualized the increased cost to the county. And I want to bring to your attention that with these numbers here, we do not include any retro or parity in this, the cost estimates.
And then the last item that I'm gonna be covering now is parity among the three attorney department head positions. Next slide. So again, I'm just going to give some contextual points before the options. So one there are no existing resolutions that require parity right now And again, there's no legal authority for retro on the parity issue. And because we have had the wage structure for the elected department heads for some time through the resolutions, the wage difference between these three positions for the last several years have been within a range of 0.34% and 3.47%.
And then here are your options around the issue of parity. As you can see, because we did not take any action with the DA in June, there's a gap between the 2022 current salaries between the three. So to maintain parity, there would need to be an increase for the DA if no other wage increase was provided from any of the other seven options We have a resolution that I presented- if you wanted to codify it so that we don't have to keep coming back to the board and staff can just act on it. We would need a resolution.
To bring forward to you for your approval. If you want to change in codified the terms of how these three classifications are paid And for us to do it ongoing, then you would need to direct us to do that and we'll bring a resolution for you. And then the last one is you don't just get rid of the whole concept of parity. You can also do that. So these are some of the options for you on this topic.
And this concludes my presentation. And with me today are Division Chiefs Joe Pisano and Erin Jeffries, and Assistant HR Director Yvonne to assist me in responding to any of your questions.
0:56 – 1:0226 turns
Supervisor Nielsen.
Yes, thank you Chair Hartman. First question I have is going back to overview of board actions impacting elected department heads wages from enumerable number one. I don't know exact page number that is. I think it's page number
four. Slide slide number two Yvonne.
Yeah
Two
so the December 16 action there Where there's a board resolution to provide the flat increase and then conduct salary surveys in the second or fourth year. I guess that would, the idea behind that was educate the board on what would be appropriate. Did we ever, did we do those surveys in the second and fourth year? And were there action that accompanied those?
In 2016?
Yeah from that December 16 resolution.
Supervisor through the chair, there have been some staff transitions. So unfortunately I was not able to or would not I had not excuse me participated at that time so we would need to go back and look to see whether that data had been collected and presented to the board.
That seems a really important kind of foundational as we're trying to look back at how we got here today on the end the understandings and maybe the confusions and on a few things seems like that maybe the ball had been dropped on that I'll wait to have my comments until we deliberate.
Supervisor Williams?
If we're looking at comparisons, what is the general employee wage increase for the time period that we're speaking of? For the year.
And 20 Supervisor Williams through the chair for 2016?
No, I mean for 2022 if they would receive a wage increase this year what does that compare with the wage increase that the general employees have received?
Supervisor Williams, through the Chair. Again as you well know we bargain separately with different employee organizations but for the non-safety groups in 2022 the general wage decrease was two and a half percent and for the safety groups including the Deputy Sheriff's Association sheriff's managers it was three percent
Any other questions. I did have a question and I think this is for County Council, I would just like you to elaborate if you would on retroactive pay
Madam chair members of the board The general rule is that the board may not authorize retroactive salary increases It's article 11 section 10 of the Constitution California Constitution says a local government may not grant extra compensation or extra allowance to a public officer After service has been rendered There are a few narrow exceptions to this rule such as During negotiations with represented employees pursuant to the Myers-Millius Brown Act, but those exceptions do not appear to apply here.
Supervisor Nelson?
Yeah just one more question for Marilena and I thank you for your presentation by the way when when the merit increases for appointed department heads were given out this last year where was that two and a half percent given out to all of the appointed department heads
Supervisor Nelson through the chair. So for the second half of the performance-based, I believe so. Erin?
Let me answer that, because that's not really HR's bailiwick. I was the county executive officer responsible for merit or performance pay increases and so our management plan allowed for merit or performance-based increases of two and a half percent to equal quote unquote a half step. And this year I did grant those to all department heads who are satisfactory or better and so that ended up being all our department heads. And again we go through a merit based process in performance evaluation.
Thank you.
So if I understand the issue, the elected department heads decided not to take a COLA and so they're in a sense in arrears given when other appointed department heads started getting their wage increase at least that piece of it. Is that correct?
Yes, yes.
But we are prohibited from retroactive pay. And that is clear and that is from our county council and there are no exceptions. That apply, thank you. Okay I don't see any other lights up here. Any questions? Madam Clerk do we have public comment on this matter?
Chair Hartman and members of the board we have one request to speak on this item We're going to remain here in Santa Barbara for DA Joyce Dudley. Joyce?
1:02 – 1:096 turns
Thank you, Chair Hartman and members of the board. In late June of this year your electeds heard from a fellow elected not your HR department that a resolution was being put forward that gave appointed department heads a 5% raise and the elected department heads half that amount 2 1⁄2%. We were shocked. We assumed a mistake had been made, we believed and still believe that we were to receive the same percentage as our colleagues. We tried to get it remade right away but when it wasn't, we were left with no choice but to ask that the item be pulled.
Between the item being pulled in today's hearing I was also surprised to learn that the district attorney salary was supposed to be in parity with the public defender and county council I then found a document written on behalf of the prior county council that stated just that, and I quote. This ensures parity between the increases in county council and district attorney compensation.
Right now there is no such parity. The Santa Barbara County Public Defender makes close to $11,000 more than your district attorney and the Santa Barbara County Council makes close to 10,000 more. Meanwhile, the Ventura District Attorney makes 45,000 more than your district attorney. The San Luis Obispo District Attorney makes 19,000 more than your district attorney. Now make no mistake this disparity affects every member of your district attorneys office Now comparing the responsibilities. Your public defender supervises 65.9% of the people your district attorney supervises, county council only 28.9%.
Your public defender represents those being charged with crimes. Some of whom are Santa Barbara County residents, some are not. Your county council directly represents only county employees. Your district attorney represents all of those I just named plus everyone who is in Santa Barbara County. As to criminal cases the public defender only handles 60% of the criminal cases prosecuted by your district attorney's office Now comparing experience on the job. Your district attorney was elected in 2010, but worked as a deputy district attorney for 20 years before that for a total of over 32 years since 1990. Your public defender was appointed in 2016. Your county council was appointed in 2021. Your district attorney has two master's degrees. It's impossible to consider all of these comparisons and not conclude That this is in fact discriminatory, unwarranted favoritism with taxpayer money.
It hurts me to say that and I want to believe that's not true. In spite of my additional responsibilities, education and experience, I come before you today merely asking for, in your words, and I quote, parity of increases. That is the same 5% case Excuse me, that is the same 5% raise you gave my county colleagues beginning on the same date you gave it to them July 1 2022. In closing I want to remind you what your district attorney has done for 32 years she is focused on murderers child molesters arsonists rapist and thieves She has brought unending thoughts of them into her home, her sleepless nights and her family's daily life in order to carefully consider how best to keep our communities safe and just.
It is inconceivable that at the end of this public servant's career, the last time I appear before you, I have to make a plea for parity and justice. For me, my family, my successor, and everyone else in your district attorney's office.
Thank you.
Madam Chair, members of the board, that concludes public comment on this item.
Okay we're back to the board And Supervisor Nielsen.
Yeah, before we start to deliberate I just want to make sure if any of the department heads wanted to speak that they have the opportunity as well if that's But I guess that's just public comment for today Well for me on this It's really sometimes hard to pull apart the personalities and the jobs, duties. And I've gone back and forth quite a bit trying to figure out how to get to a good solution. Sometimes the best advice that I've been given is begin with the end in mind. Where do we want to get to with this at the end? Where do we eventually wanna get to with the salaries for our elected officials?
And you know, I think there's an expectation and if it doesn't isn't out there right now that our elected officials is a full-time job. And that we should have people that are well educated with appropriate certificates qualifications experience to best represent Our residents and these specific tasks. We want to get some of the best and brightest to serve without having to make us a, there's always gonna be a sacrifice in public service. I know it's been one for me over the years. There's more than just the money and what to do.
And setting that prior to an election, so that ultimately the people of Santa Barbara County can be the deciders. That these people are worth those salaries to serve their community. So that's where I want to get to. I don't think that's what is on the table yet today. Right now we have some issues that we have to wrestle with as a board. I'm interested in hearing what my colleagues have to say, but I do believe our elected officials at a minimum should be receiving the CPI increase that the Board gets and even now to try to correct some of I am willing to make the two and a half CPI increase as well as address the merit base, two and a half percent. To move this along but then eventually come back to the board with some type of resolution that can be forever and ever or at least as long as it's for policy to recalculate these things every four years so we can take a look Whoever runs for office knows what they expect to get paid.
And that's a choice that they can make with them and their family, and it doesn't get politicized and doesn't become about personalities in the future because I'm afraid that that's where this thing can tread into if we're not careful. Thank you.
Supervisor Nelson so are you speaking in favor of option one?
1:09 – 1:1911 turns
Yes, it's option one with an option three as part of that long-term strategy. So it's a bigger conversation. I do think right now I'm in favor of option one to move us past where we are today but I think I also want to give direction if we or come to consensus among the five of us on what we want this look like in the future and I think we probably can't fix all that right now but I think we can start to lay the groundwork for our HR department and our elected officials to move forward.
Supervisor Williams?
Well, I want to just inject into this discussion the basic question of What is the public interest purpose behind this? It is obviously very difficult when you have people who are friends and you have people who are colleagues, and it's a small group of folks to not look at this as the personal interest. But I really strongly believe the board has to ask, what is the public purpose behind any one of these options?
And I would want to make it clear that I'm uncomfortable paying Our department heads, the 5% increases when our employees are not receiving 5% increases. To me I think it is dismaying for rank and file people who get paid barely enough to make it in Santa Barbara to have people who make twice or three times as much as them get twice as much of a percentage pay increase Now, I think the reason why it had to happen is there's a public interest behind it. And in this case that public interest is attraction and retention which is what I'm thinking of or performance which was the formal methodology. The CEO grants performance increase to those individuals.
Those are both legitimate public purposes But I fail to see what that would be in this case. These offices do not seem to have any problems attracting and retaining folks, they have extreme longevity in their tenure. If performance is our reason, then we should not have any automatic escalators because as evidenced from this discussion anything that's automatic is then not viewed as discretionary under any circumstances. So you know I could see something to try to mimic you know I mean, it's just kind of sticky for us even to be judging performance of our colleagues.
And of course if it's fairness then I go back to what they should choose a path. They should either be tied to the employees or they should be tied to the other electeds which is us. If they are tied to what we get, we get an automatic CPI increase. And if they're tied to what the employees would get it would only be 2.5 plus something to mimic the fact that a percentage of employees gets step increases. So I could agree to more than 2. 5%.
I do not see the logic, I do not see the public purpose in granting a 5% increase to offices that are already well paid when our general employees are getting 2.5%.
Supervisor Nielsen?
Yeah, I just wanted to understand where sewer reservoir is coming from. I would submit and it's not the only reason why this happens but you talked about these departments are confined people to work there but these positions don't actually. We rarely have actually competitive elections in Santa Barbara County and I do think that may be a piece of it. It's not all of it. There's a lot of things that go into it. Maybe it's just because everybody's doing such a good job that nobody thinks anybody should run against them But I do think at some point compensation is something that's factored in. And so, I don't think it's the whole story but I think it is part of it.
Supervisor Hart?
Yeah, I agree with Supervisor Williams. These jobs, selected jobs are a public trust and it's about public service. And you know, I look around doing a salary survey. The Vice President of the United States gets paid $235,000. The Governor of the State of California gets paid $210,000. Every governor in the United States gets paid less than the Governor of New York at $225,000 These are enormous salaries I don't think that the compensation is why these folks show up at work To do their job. I think they do it for public service and I don't, I don t think that elected department heads face the same market pressures as our appointed department heads. I think that's just a reality of the situation and they're not the same and linking them for the purposes of compensation isn't appropriate.
Supervisor Lavenino?
Thank you. I got a massive headache in the last 10 minutes. Right? I mean, I wasn't looking forward to this to start off with but I was hoping it wasn't gonna get into this but it did. So first off let's talk about the parity issue which I have expressed that to me it's been what we I know at times we've discussed that's what we would like to do. Is have the County Council, Public Defender and DA paid the same parity. Parity means to me not exactly the same it means to be you know have parity.
And if the DA had taken the two-and-a-half percent or gets the two and a half percent that puts her at $254,000 which It's County Council is 256, Public Defender is 258. I mean if we're really gonna call us out on the carpet for favoritism when you're talking about a couple thousand dollars a year that's tough for me to hear. That's not cool. I'm an easy-going person, and I think what we're trying to do up here is balance what's fair to you.
And you all do outstanding jobs, but we also have to balance what the public expects, and that's why we are so—I think by everybody's—everybody could agree that nobody's more underpaid And the five of us. And the reason is, is because we balance that out with realizing and we all took these jobs. We all lined up for them and we said yes. There's something else that goes with these jobs and that's the idea of public service. We all know you guys could go make freaking fortune doing this elsewhere.
That's part of what this job is. And I really think that the two and a half percent And if my colleagues are fine with, I would say the two and a half percent and bring the DA to the county council level so that they're all within $1,000 of each other. I'm fine with that. And I really don't wanna get into too much whether our employees get this and the department heads get that because there are a number of employees that are on the STEP program still And get more than 2.5% a year.
So whenever we talk about that, there's always different groups and it was interesting to me just trying to go back and figure out what the history was on these. It's like untangling a spider web whenever you start trying to go into this because there are so many different groups of employees and trying to match them all up is very difficult. For me I'd be good with the two-and-a-half percent It gets the DA back to where close to her she wants to be and I would even You know make it so that her and county counselor paid the same
What's the what's the percentage increase required for that?
Hey, I think it would be like three percent or three and a half something like that But regardless, I still think 254, 256, 258. At that point it just becomes personality battle as opposed to parity issue.
1:19 – 1:256 turns
Mr. Pisano?
Chair Williams, or excuse me, Supervisor Williams to the chair. I just did a quick on the fly math to get the district attorney to the same level as the county council. The increase will be about 3.4%.
Well, let's see. I haven't weighed in here. It looks like there may be a consensus forming but I'll put this out here. I think framing it in light of public purpose is what we need to do. I think it's important that we do attract top people as department heads and also to run for these positions. I think too often it's people who have means, some other kind of means and therefore they can't afford to run for these jobs. So I believe in paying market, I really favor option number two that gives some kind of parity between our elected leaders and our appointed department heads.
There's an issue that is important to me. It's not directly relevant to this, but it is an opportunity to say it. County government is really an odd duck in that you've got a CEO who's responsible for overseeing all of this, a board who's responsible for overseeing all of this and you have independent elected department heads who have the legal responsibility to oversee their areas And so one of the major questions we have is how do we bring this all together? We have a view of one county, one future. And we have initiatives like Renew 2022 and some department heads who are elected are very supportive and some really less so. That's not a matter of compensation, but this is at least a moment where I'd like to make the plea that we're all part of the same team.
And so that's one reason why I think parity across different areas is important That we all are part of the same team and that we reflect that to the extent that we can in our discussion and in this compensation. It sounds to me so far that I'm the only one in favor of option two, but if anyone has any comments about that, I'd like to hear it. Supervisor Williams?
Well, I mean, I think Paying market for elected official is I think a pretty hard thing to calculate. And the whole reason why we pay market is to attract and retain people, but guess what? I can't go to LA and run for the Board of Supervisors. I don't have the long-term relationship with Peaceful Los Angeles that I do with the people of Santa Barbara. And neither can they. So I think it's Again, why are we doing it? If the purpose is fairness then I'm with Steve. Then we do 2.5 or maybe a little bit more for the DA to bring her commensurate with County Council's office or maybe even a little bit more for everybody to make up for the fact that they don't get steps But if the purpose is performance, then we definitely don't want to have any automatic average or automatic increase because then if the logic that's been brought to us is the appointed department heads are getting an extra 2.5 for performance, then if it's performance, it shouldn't be automatic.
And we have no ability to assess performance of elected department heads. Supervisor Nelson, I see you're almost ready to hit your button. Well, Supervisor Lavanino?
Well then why don't we if you would So it sounds like you have a little wiggle room because of the fact that there's no ability to have steps. And I think we're thinking that two and a half and two and a half is is a little high, so what about a three and a half? That kind of takes into account the ability to not have a step increase. But then I don't want to come back and do this every freaking year either This is for five people, and we need a policy. So we need...
And the easiest one honestly is what we have which is zero to three percent based on CPI. You have zero I mean if things go south and we're in a recession we don't get a raise that makes sense and the max you could get is 3% that makes sense to me So I mean, I could see a three and a half now and then tie it to the way that we have to deal with things. And I don't know if that's better than what they originally desired but no.
1:25 – 1:3116 turns
And then in terms of parity that's a concept that you no longer support. Three and a half
gets the parity, gets their two parity.
For this year? Right. Long term is
that... No I think it's been the express stated position of the board that we would like paired doesn't mean they have to make the same but I think DA I would always like to see just like I think our All of our attorneys, whether they're in the county council's office, public defender's office or the DA's office that they're paid relatively close to each other. I don't know what the exact definition of parity when I say parity maybe it means something somebody else. I'm an NFL fan so I think nine and seven, eight and eight, seven and nine, that's parity right? We're all in the same ballpark.
We don't have to have exactly the same amount
but. Supervisor Williams.
Well, I'm familiar with the concept of parity in collective bargaining and it's never been to get the exact same thing. It's essentially that closed gaps or move in the same direction, you know, that's parity. It is not to get the same thing. At least in 20-something years I've been working in collective bargaining, I've never heard it referred to as getting the exact same thing.
Well let me ask, is there consensus by a majority for 3.5 for elected department heads this year?
I'm not there, but I don't know where we're going with this.
Right? So... I'm gonna ask that question second, but I just wondered are there three votes? It's not my preference. Supervisor Nelson is still a question mark, but Supervisor Hart, where are you?
Yeah, I expressed my views on it. I can't support that
in that it's too
high Yeah, I think that when you're giving percentage increases to the most highly paid people in the organization it is a much more significant raise than the other people in the organization are getting. That's just a simple fact. It is by orders of magnitude four or five times larger than anybody else and that magnifies the problem not fixes it.
Okay, so I think we're thinking this year and then we're thinking long-term policy. And for this year, we do not have agreement. We have one at 2.5, two possibly at 3.5 and two still undecided. Go ahead.
Thanks Chair Hartman, yeah you know I'm gonna go back to that comment from Supervisor Williams about you know where we're not portable to other you know the skill sets as a supervisor because I do think there's a difference between representatives like us versus elected professionals that are bringing a skill set to the table like attorneys auditors accountants those types of skills I don't think it's exactly the same. So, I want to make that distinction here that has something to be talked about here because I do think at some point if we underpay I think specifically our district attorney because that is the one who is so easily portable out into the private sector and can make a lot more.
And so, I think it is an easy one to compare out there I think at some point we won't be able to attract those people, and that's concerning to me. When somebody can leave our district attorney's office as a senior deputy district attorney instead of running for DA they go to another county as a lateral and make more money I do think that there's a retention issue that we may have in the future with future district attorneys in that field. And that's one reason why I'm concerned about that. When I see San Luis Obispo County, a county about half the size with their district attorney making $19,000 more than our district attorney, that makes me pause for a second and ask the question why?
I don't know if that's exactly the solution here. Joyce and John have both decided to run for office knowing what this gets paid, and I get that point. We've all done it here on the board so I'm fully aware of that but at the same time we should be looking at that in the future because You know, we're going to get a 3% increase on CPI this year for ourselves.
But you know, we know CPI is at 78%. So I think that eventually if that's the only policy, we will be back in some point in the future. And so that's why I'm interested maybe a year out from elections going back and kind of doing a salary survey and then letting the people decide if that's the person they want to elect at that level as an option.
I just wanted to add something quickly that I do think you're raising a good point about a set of skills, but I would argue that the auditor and there are others in addition to the attorneys that do have very special skills and that they could go on the private market and make a lot more. Supervisor Williams?
I just wanted to ask if one of the HR staff, because I know they're clever and have a lot of numbers in their head, spontaneously know essentially what the—if you took all the step increases that general employees get and you averaged it throughout the organization. What would that be? Would that be a 1%? Do you know that in a ballpark sense?
1:31 – 1:3620 turns
Supervisor Williams, if you could just give me a minute to do a quick calculation.
And while you're doing that, Supervisor Hart?
Well, this is just tremendously awkward and folks are coming up with what if scenarios. I don't think that...I've never heard of an elected official moving out of their elected office to another county to work in the private sector. Been doing this for 40 years. I don't know about that. Folks undoubtedly do retire from their office but the motivation isn't I'm going to a different county to leverage my salary. I just don't know about that so I don' think that's a realistic thing And you know in terms of the step increases, the purpose of the step increases is to provide a courier path for somebody to move through their profession. To get to the top of their profession where they don't get step increases and so I don't think that has anything to do with what we're talking about here.
I'm gonna stall for Joe a little bit which is just also we have to think about this from the perspective of public trust in In how it affects pensions as well. All these employees are pre PEPRA, right? So the the protections that the state of California has applied to prevent You know pension spiking and other things don't apply to them. So it's it's it makes it really kind of sticky Because regardless of what our motivation, and I don't think they have bad motivations in what they're asking.
It can be perceived that, and that can be a real cost over their lifetimes.
Mr. Pisano?
Thank you Chair Hartman. Supervisor Williams, through the chair if it's helpful to have a ballpark figure in response to your question. The percentage of employees who are eligible for step increases varies a lot by category of employees, but when I look at this historically on average usually about a third of them at any given time across the organization are eligible. And if most steps are about 5%, again fairly straightforward math, if I take a third of 5% that's about 1.7%.
Is that helpful, Supervisor Williams? Or give you added insight you might share.
I was trying to convince Greg to have a logic but I don't know if that was persuasive.
I have a question. Please. So for those that won't go over two and a half, and I get that, I totally get that. What do we do going out because the last thing I ever want to do is come back and deal with this again. So I'm more interested in fixing this long term. And that's why I thought that the Board of Supervisors plan works really well because it's just, it's tied to CPI and you know, it is what it is. And so, um, I mean, I'm okay with that.
So long-term you're saying...
Or what are we tying it to? Are we tying it to department heads We're going to have the same thing where they're like, well they're getting two and a half and two and a half and I'm only getting two and half. Or do they tie it to us? Which I don't think they want to do either because...
What does that do to your concept of parity?
Yeah, that's why I don''t like doing these things because there freaking is the spider web you touch something and it moves this moves I don't see what the long-term, I mean, I guess this year it's the two and a half. And then do we, I guess we'll do this again next year and figure out if different people make different decisions in these seats. We'll see. I think that's the only thing we have votes for at this point.
Supervisor Williams?
I will move 2.5% for this year. And then we could make further motions.
Is there a second and then we'll have further discussion? I'll
second for
discussion. Okay, so 2.5% COLA for this year for the electeds. Let's have the vote then. Madam Clerk, is there anything County Council or CEO Miyasato would like to add?
Madam Chair, members of the board I think what we'll need to do is have this be a conceptual direction and then update the resolution and bring that back and we could do that I think after closed session we can bring it back again it would reflect that action So if there's any other action the board wants to take, we can get conceptual direction on that as well and then incorporate it into the resolution.
And so that raises an important question I think. We must have a resolution. And could you elaborate?
1:36 – 1:4319 turns
Madam Chair, members of the Board, yes under the government code we're required to set salaries by resolution. A change to the salaries, we need to do that. We also need to under the Brown Act announce the increase and so we need to know what the increase is to be able to put together the announcement for the Clerk of the Board to read out loud.
Supervisor Nielsen?
Yeah, for discussion here right now I'm not supportive of this motion. The reason why is that I think we need long-term, because you know I believe that some of the elected department heads deserve more and actually I think some of them deserve less. That's my personal opinion and so that's what's hard about this decision. That's why eventually would like to get back to some type of salary survey to at least take a look at that. So we're actually looking I know not every treasurer tax collector is the same in the state, so I think you need to take a look at what that is. Look at the different demographics because I don't know if these are the right numbers or not and so I'm interested in something long term that comes back to us that we can look at these things We've done it for our appointed department heads, right?
When we talk about these types of things. So I'm interested in that in the future as one of the solutions of looking at this long term because I think this is going to keep becoming a problem and going to be a political football that I don't want to play with. I want us to come up with something that's tied to maybe a baseline, maybe have it revisit every four years. The wisdom of the board in 2016 was to do that.
And that never happened. And so then we got to this place now where there's a lot of hurt feelings and confusion, and I think we could do better.
And for clarification would the survey be other electeds or would it be the private market? I think
you could do a hybrid there. equal between the person to the right and left of you. It's a lot of data, what are the responsibilities? What are the qualifications? What is that market? And then we're able to find out if we talk about bands all the time in the county. Looking at that band and are we really far out on our band on electeds for these skill sets? Maybe or we're right on par and moving forward. Again I think some You know, some of these offices I don't even know if they should be elected officials but that's the way our county works. But I do think that that's something we should be looking at and using having this to be data-driven eventually as we go through that.
Supervisor Lavanino?
Here's my problem with that is whenever we go out and do a survey well we surveyed the Board of Supervisors in other counties and their salaries were considerably higher and we took less considerably less because we felt we had to answer to the public Whenever boards of supervisors go out and do surveys, I'm going to survey Ventura County and Marin and Monterey. And we're going to look at what they're doing. And then we're like, we've got to keep up with those guys. So we increased our salaries. And then next month, Monterey comes back and goes, we had a survey, Marin, Santa Barbara, and Sonoma. And wow, they're paying more so now we gotta keep our people. Then we survey them three months from now and it's this freaking race to the top. It's bootstrapping.
It is and it's-
Not for the Board of Supervisors.
Not for the Board of Supervisors but- Make that
very clear.
But at some point I think Greg had a good point. A two and a half percent raise right now is about $7000. That's nice increase. I would take that in a heartbeat. We're talking over a quarter of a million dollars. And I love every, almost all of the elected department heads. We don't get to rank them but they're some of my favorite people and I was also happy to be able to say that I didn't get completely lobbied on this either like I didn't have them calling me so I think they want it.
They've obviously made a career of serving the public. They want to do the right thing, they also want the fair thing and at some point the salaries are getting to the point where we have to be fair with everybody and not you know this idea favoritism I think would be looked upon we also have to deal with it from the employee looking at it and saying is this fair that that you know the people that your closest to might be getting more than we're getting so It's tough. I don't ever want to do this again. This is worse than we were doing our own salaries because at some point you can say, I'm going to take the hit and make my own decision and take less because I think it's the right thing to do but it's hard to tell somebody else to take less.
But then again while you have to go get elected every four years you're not gonna get blown up tomorrow You know, like we would. We're the ones that would be taking the hit and if it's the right thing to do I've taken enough hits to do the right thing. I'm not convinced that two-and-a-half and two-and-a half is the right thing so it doesn't look like we have the votes for 2 1⁄2 so I'm not really sure where Are you supportive of two?
Yeah. Okay, then I think we may have the votes.
Supervisor Williams did you have something else to say?
Just that I also support the idea that we need to figure out a future system that's better so we don't do this every year and either one that's fair or addresses another public purpose.
So we have a motion and a second for 2.5%. It's a conceptual motion so that a resolution can be drafted, and the issue of parity is not part of this. Is that
correct? No but I would make a motion on that too afterwards.
OK, so I'm
sure I just have a slight update. So I was looking through all the draft resolutions and I think there is one that we could use. And so we could if you didn't want to trail the item, if we could take a shorter break, we could. We also have the salary announcements in one of the slides so we could I can work with the clerk to put it together so you wouldn't have to trail until after closed session.
But I think this wasn't the only motion so the resolution, depending on what the extra motion was. So that was just one motion about two and a half but I think there might have been more. I'm not
1:43 – 2:0528 turns
sure. Okay. Yeah conceptual and clarification so we'll yes okay. So
it's just 2.5%. Madam Clerk would you call the roll for the conceptual vote?
Roll-call vote Failed 0–3 motion about two and a half but I think there might have been more. I'm not sure. Okay. Yeah conceptual and clarification so we'll yes okay. · 2 under review
Show transcript
on 2.5 Cola Oh motion fails Okay, I thought earlier that that's what you were arguing for You got two people to go with you and now you're not okay. I misunderstood something here Okay Supervisor Williams,
oh then I'm just gonna make a motion just for the The DA which is Mr. Lavanino's Suggestion to use a percentage that's 3.4 that Does equalization not parody equalization with the county attorney in this
I was supportive of that if everybody was getting two and a half. I can't see Joyce getting three and a half, nobody else getting anything. And I see that's the way this is going to go so for me, I wouldn't be able to support that much. Sorry even though it was my idea.
Supervisor Nielsen.
Yeah, in the interest of trying to get us to three votes I would support the two-and-a-half with a three and a half to Joyce or to the district attorney's office To get us passed today. I still think we have a lot of work to do on this But I think that that would be a three vote compromise that wouldn't move us forward and I'd be able to support them All sex yeah
And just to go on the record, I would agree. I mean I think parity however is something that applies beyond attorneys so but we do just to be clear we do have a past it's not a policy it is a statement It doesn't rise to the level of a resolution or a strict policy, but a desire for parity. And that's why I would support this for the attorneys. I personally think it applies more broadly and so would you restate the motion Supervisor Nielsen?
Yes, the motion would be to I guess it's just a straight three and a half percent sorry two and a half percent General wage increase for the offices of Treasurer, Tax Collector, Sheriff, Auditor-Controller and Clerk's Assessor Recorder Elections. And then a 3 1⁄2% increase for the District Attorney.
Is there a second? I'll second. Madam Clerk.
Chair Hartman, members of the board just for clarity on the motion that's a three and a half percent increase for the district attorney not a 3.4%.
Yes. Okay,
Roll-call vote Passed 4–1 motion that's a three and a half percent increase for the district attorney not a 3.4%. Yes. Okay, great.
Show transcript
Motion passes four to one.
Okay. So we now have a resolution for the short term, it will be captured in ‑‑ we have a vote. It will be captured in a resolution and is there anything more to be said now about the long term? Supervisor Nielsen?
Yeah I think that we all have expressed some various opinions here and Unfortunately or unfortunately, I think HR is gonna have to take that back and try to bring back options to us again in the future on this.
CEO
Miyasato? Just a clarifying look at County Council. So you did a conceptual motion. HR with County Council will refine the motion and bring that back before today to have you formally approve it. And so if you could give us a timeline of when you'd like us to come back. So if you see HR on their slide They had said to come back before the new term, you could do that. So before January or you could ask for later but because my assumption is this is a one year action we request the sooner the better so there's clarity with elected officials and with HR.
Yes, and I just would like to say I think HR did an excellent job of distilling and laying this out in a way that was very clear. And so in my mind, I'm sort of wondering what more is it we're asking? Supervisor Nielsen?
Yeah, what we're asking is I think at this point this is a one-year solution. Next year we'll be back in the same position. We'll be giving our appointed department heads potentially wage increases and I think our elected department heads will be asking about us and we don't have anything in place moving forward do we? Right would we like
HR to come back before that new terms start and if so with what
So the new terms start in January. See, I don't think that you know this is a stopgap for the next 12 months or 10 months here so I don't necessarily think it has to be before the next term. I know we've got a lot of work to do between now and the end of the year so I wouldn't artificially put it out there because of the new term but I do think it's something that should be looked at over the next year.
Again if we don't address this sometime between now and June yeah they're gonna have the same issue.
Okay so now in June but then what is it we would like to come back? I think it's the
same thing. We just we just have to you know at some point we have to make a decision of what we're gonna have them and maybe for me It's going and talking to the elected department heads insane, you know I'm not sure which one if they like being tied to them. I mean obviously they wanted option one but That doesn't work for me. So what are the other options maybe that they're more interested in that's fair, that I think is fair, that meets the criteria? So the research would
be what you do
not necessarily HR. It's more what I'm doing than HR. I think HR has provided all the material it's just how do we work it out and make it work?
Supervisor Williams.
Well, I just want to put out there that you know, I don't feel for the reasons that I articulated of attraction retention performance and fairness. That they that I will fundamentally reject treating them as appointed department heads. It's just not the same thing now my default would be to think that they're the same as us their elected officials and should have be treated the same I'm open to being convinced of something different, but you know I do reject the idea that they should be the same as appointed department heads particularly when our Lower paid employees in the county, you know Would have half their raise percentage wise.
Okay, so we have a stopgap measure and sometime before June we'll have to think about what we're going to do for the longer term and So this discussion will be continued And so Madam Clerk, I'd like to take a ten minute break now and then come back for departmental item number two. We're reconvening the August 30th, 2022 Santa Barbara County Board of Supervisors meeting here in Santa Barbara and turning to departmental item number two. Madam Clerk would you read that into the record please?
2:05 – 2:139 turns
Chair Hartman and members of the board, departmental item number two is for the county executive office. It is a hearing to consider recommendations regarding the fiscal year 2021 through 2022 fourth quarter budget status report in cannabis taxation compliance and enforcement update.
Thank you and my colleague Supervisor Lavinino asked that I make an announcement that the resolution from departmental item number one will come back before we adjourn for closed session. They're currently drafting it, and it'll be put up on the screen and made available to the public. So with that turning to Miss Anderson sorry for the interruption
Good morning, Chair Hartman and members of the board. This item is our quarter four update from fiscal year 21-22 that ended June 30th of 2022 with me I have Stephen Yee and Paul Clemente from our Budget and Research Division and Brittany Heaton from the Candidates Division is here as well to answer any questions related to that. Stephen Yee will be making the presentation and we'll go ahead and begin
Thank you, Nancy. Good morning Chair Hartman and members of the board. As Nancy mentioned in today's report I'll be updating your board on the county's fourth quarter financial position relative to the adjusted budget and also provide you an update on the county's cannabis program that includes taxation compliance and enforcement segments. We'll begin today's presentation with the budget component and as a reminder the reportable variance threshold for the general fund departments is any variance greater than $300,000.
And for our fourth quarter updates, we don't report on the special revenue funds given that those funds are required to end the year balanced. The general fund ended the fiscal year with a net positive variance of 22.4 million which was 8.9 million more than what was projected when we updated your board as part of the third quarter report. The breakdown of departments with reportable variances is illustrated here in the chart which will discuss in greater detail in the subsequent slides.
Cannabis tax revenue ended the year under budget by $10.3 million while general revenues came in over budget by $16.2 million, which was driven by unusually high revenues that included TOT, property taxes, property transfer taxes and sales taxes. And staff did take these higher balances or trends into consideration as we developed the fiscal year 22-23 revenue estimate numbers.
The remaining four general fund departments with reportable variances are shown here. With all four experiencing salary and benefit savings due to staffing vacancies. Additionally, the probation and clerk recorder assessor department saw some savings in their services and supplies line items that are contributing to the positive variances. The sheriff as we discussed in the third quarter report had some significant overtime costs that were going to push them to a negative NFI. However, that was resolved here as they ended up balanced but they did have to use $438,000 of Prop 172 funds to achieve that and if you'll recall your board had previously authorized two million dollars as a set-aside to address this shortfall relating to overtime and so no new Prop 172 allocation was used CEO's office will be returning to your board in the
fall. Supervisor Williams would like to ask you a question on that point.
So this is a 0% variance after we We addressed the 2.2 shortfall so it's not really a variance, it's just that we already allocated the money to make it no further
variance. Supervisor Williams to the Chair, that's correct they did end of year balance at zero but due to some ARPA funding and then also the Prop 172 funds that helped them balance their budget.
Because otherwise I was going to stand up and do cartwheels
And the last point I was going to make, the CEO's office will be returning to your board in the fall to further discuss sheriff staffing considerations and a policy recommendation regarding overtime mitigation. Although the general fund ended the year with a sizable net positive variance we do want to emphasize prior commitments made by your board and one time needs that should be considered as we look prospectively to budget development for fiscal year 23-24.
The most impactful of which is the anticipated pension cost increases, which are estimated to be between six and eight million and possibly more. As our preliminary pension fund earnings estimates from the fiscal year ending June 30th 2022 indicate a return of close to 0% on an assumed earnings of 7%. And our county is not unique as all pension funds throughout the state and country face the same challenge.
Next up, we have a $5 million commitment relating to a budget policy that establishes a minimum reserve amount for litigation costs. $3 million will be needed for cash advances for work starting on some of the debt-funded capital projects which will be reimbursed once the debt is issued. Next, staff estimates that about two and a half million dollars will be needed to address cost inflation associated with capital projects that have previously been approved.
2.2 million will be needed for one-time projects and set asides that were only partially funded in fiscal year 22-23, and lastly there will be budgetary impacts associated with any new capital projects that get approved however these are of course unknown at this time. Pivoting to our update on the cannabis program 2.4 million in taxes were recorded in the fourth quarter, the sheriff team conducted six enforcement actions against illegal operations confiscating 1,701 plants and nine pounds of cannabis product with a total estimated street value of 856,000. 19 new cannabis business licenses were issued in the quarter which is a significant increase over any other quarters since program inception bringing the cumulative number of licenses issued to 55 As for the acreage caps, enough cultivation acreage has been approved and land use entitlements to exceed the cap in the unincorporated inland area with five operators on a waiting list requesting 203 acres.
In the Carpinteria area, the cultivation cap has not yet been reached with about 20 acres remaining available. And finally your board had amended chapter 50 establishing a sunset date of June 30th 2022 for all legal non-conforming operators in the inland area to cease operations if they failed to make the Inland Area Eligibility List. There were six operators that this policy decision applied to, and the business licensing team has confirmed that all six operators ceased operations as of that date.
And finally, the recommended actions for this board item are to receive and file the fiscal year 2021-22 fourth quarter report and make the CEQA determination that this is not a project. This concludes today's presentation and we're happy to answer any questions.
2:13 – 2:2116 turns
Supervisor Williams?
The capital, the needs that you put down as one-time needs. I see there's two capital line items. Do either of those include some of the demolition costs that General Services is envisioning necessary for us to start any of the master plan projects?
So Supervisor Williams or the Chair, so this is an estimate based on items that we have identified in our capital reserve and just an estimate. So I would specifically indicate that that would probably be in addition to this estimate that we have come up for this purpose. And these were just top of mind. Just to remind your board, we do come back in December to talk to you about the five-year forecast all of which these will be incorporated into that.
We're just seeing and understanding from our capital folks that we are seeing that creep up on these various projects so likely that could be more. This is just an estimate on amounts that we had in reserve.
I just then want to advocate that we put it on the list of ones to talk about as part of this, because my understanding from talking to staff is that some of these buildings are costing us a lot more than if we built a new building. And so it would be the idea of trying Always prioritize projects that relieve us of ongoing costs. And then part of it's urgency too, to get the ball rolling we gotta start at some point. These are a lot of projects, some of which are crucial for the continuation of this institution and so I would just advocate.
I guess the other things are if things are super timely and the other thing I might put on the list is we in the discussion over Over a band over leaking abandoned or orphan wells. We or even operational Wells, we talked about the need for a spectral imaging camera because P and D goes out and does inspections but does not have The same equipment that APCD does, they try to determine leaks by smell or sound instead of with a spectral imaging camera which is how you'd actually do it. So essentially my understanding is we gave them board direction but they can't do it until they have a spectral imaging camera.
CEO Miyasato.
Supervisor, we'll talk to P&D about that I didn't that's the first time I've heard about it. I think for this presentation We're just showing you there's lots of needs to remind your board about commitments and as Ms. Anderson said we typically come back in December with budget policies And then typically ask you two what are your priorities? What kinds of things should we look at as we're developing next year's budget and sometimes you have ideas Sometimes you don't So keep a list and when we come back to you, you can let us know in December so we can have a comprehensive list. Thank you.
Madam Clerk, public comment?
Chair Hartman and members of the Board, yes, we have one request to speak on public comment for this item and we are going to Zoom with Mark Shatillo.
Good morning, members of the board. Madam Chair this is Mark Shatillo and I wanted to address you concerning cannabis on the cannabis components of the financial report on behalf of the Coalition for Responsible Cannabis. We do appreciate the chair scheduling this as a D item so that we can have had the opportunity to comment obviously the The cannabis industry continues to evolve, and so does the Planning Department's approach to the issues associated with the industry. We do note that we think we're in a transition to compliance away from permitting. Permitting will continue but with the satisfaction of the cap and a lesser number of projects coming through permitting, we do request that the county focus as it has been Transitioning towards compliance.
Specifically, we think it's important for the planning department and the compliance department to have tools to distinguish between sources of cannabis odors. And we looked with interest at the odor consultant RFP which is currently in development and noted that there were no such tools to be able to provide that important function. In our conversations with members of the industry as we're trying to work with responsible growers, there is an interest between both the community and the industry to have a more formal process for working with the department and with the county.
The county has in Other areas identified a community advisory committee for issues like this. And we would suggest that that might be an appropriate direction for the board to provide to staff in increasing the transparency, but also engaging their respective parties and interests in these processes so that we can have more effective odor controls and compliance.
And then on the financial side, it is important to note with the substantially less revenues that were projected than were projected. Important to preserve our perennial agricultural crops Uh, annual crops such as cannabis come and go. And 1 of the concerns that the vendors and orchard interests and others had was that we were compromising the long term vitality of the agricultural economy in deference to a short term immediate windfall.
Obviously, they both need to be part of our agricultural economy but we would implore the board to also be mindful of the fact that some of these short-term decisions are having adverse effects on the longer term sustainable crops that we really do rely on as part of our agricultural economy and need to have it into the future. So thank you, Madam Chair and members of the board for maintaining your focus on this important topic. And we look forward to working with you as we go forward.
Thank you. Mr. Yee, I did have one question. How many cannabis operators did not report this time? I think that number is...
Madam Chair in this quarter 17 operators did not report.
And do we have insight into as to why?
Madam Chair, we don't have insight quite yet. We're working with the tax collector though on possible reasons. There were some operators that withdrew their licenses. They held state licenses, and they withdrew during the quarter. That was a possible reason. That was
a reason.
Thank you. Supervisor Nelson? Yeah,
thank you Chair Hartman. My question is along the lines with cannabis as well. Do we know how many acres are actually operationally being grown in the inland area at this point? I see Ms. Heaton here as well. She may have that number.
2:21 – 2:2622 turns
Thank you Supervisor Nielsen, through the Chair. Currently in the Inland Area we have about 500 acres that are state licensed so we make the assumption that those are the acres being cultivated.
But we have quite a few more acres that are licensed and entitled but aren't growing?
No, not all of those are state licensed. So they're either in the legal non-conforming space or they have business licenses and permits from us but we do have a few operators that are licensed and permitted that are new that have not come online because they're waiting for their state licenses.
But don't we have—do we have some operators that are not growing currently?
We do. We do have operators that are not growing currently.
Any idea what that capacity is in the cap?
That are licensed and could grow I don't have that number, but I could get it for you. It's
just curious
Yeah, it's it's probably around Well, we know we have officially some people who have requested to fallow And that's around the around 30 acres and then and then yeah There are a few that aren't growing better in that were That did claim legal non-conforming status there's some acres there but for the most part People who are fully licensed through the county and the state are growing. Okay,
thank
you.
Supervisor Williams?
Well just I think a hopeful reminder of something that I hope it's fortunate that the Sheriff is still here. That to me when an entity withdraws their state licenses in theory that's someone who is no longer in cultivation But I think it's probably a good idea to check. You know, the pressure on some to reenter the black market might be too tempting and you know, I think our enforcement folks have done an amazing job. Sheriff, I just want to tell you from my perspective I probably paid attention to that unit and a lot more than of your units. They've done an amazing, amazing job but you know just sort of reminder that hopefully that's sort of standard when someone withdraws their state permits that we check that they really have stopped cultivating.
Well, I think it's worth underscoring that we're really coming out of rebounding from COVID with TOT property taxes sales tax all up more than what we anticipated. So I think that's really the good news. I had an opportunity to attend Solvang State of the City where Betty Yee, the controller was there And she actually declared that a recession is underway. So I think that's the cautionary note, that we may have hard times coming up. So my approach is to be as conservative as we can to help us weather difficult times.
Just putting that out there. So, I think we're ready for a motion to receive and file in that this doesn't constitute a project under CEQA.
I'll make that motion. Second,
all in favor say aye.
Aye.
Any opposed? Motion passes unanimously so turning to our third item on today's agenda Madam Clerk
Chair Hartman and members of the board departmental item number three is from the planning and development department it is a hearing to consider recommendations regarding the Matkins parcel mark
Chair Hartman, I think HR and County Council are ready to take that other item if
you'd like. Oh they're ready okay so let's do that because we have some department heads here who have other things to do today.
And chair Hartman members of the board just to reread that item into the record we are returning to departmental item number one which is from human the Human Resources Department it is a hearing to consider recommendations regarding elected department head salaries
2:26 – 2:3013 turns
So the board took a conceptual motion and sent county council back with HR for the resolution. Is that available? Is there a way to get up on the screen? So the clerk has this been posted to the agenda? Has this been posted to the public site, yes.
Madam Chair, members of the Board. So the resolution that was just passed out reflects the conceptual direction that your board gave and prior to taking any final action the clerk needs to read compliance with the Brown Act needs to be what the updated salaries will be.
And Chair Hartman, members of the board. I would also like to note for the record that that updated resolution has been posted online and has been made available to the board and is available in the back of the room. We will have it momentarily up on the screen. My apologies for the delay in the email. I do have a brief announcement before the board takes final action on this item in accordance with government code section 54953.
Subdivision C3, the recommended salaries shall be summarized verbally. Based on board direction, County Human Resources recommends that the Board of Supervisors approve a 3.5% general wage increase for the district attorney and a 2.5 percent general wage increase for the auditor controller clerk recorder assessor sheriff and treasurer tax collector all effective September 5th 2022 by adopting this recommendation.
The Board of Supervisors will approve annual salaries of approximately $257,406 for the district attorney Approximately $235,256 for the auditor controller. Approximately $232,829 for the clerk recorder assessor. Approximately $248,930 for the sheriff and approximately $233,829 for the treasurer tax collector and that concludes my announcement on this item. And Supervisor Nielsen?
I was just confirming, so it's effective September 5th. That's the next pay period? Is that how that works?
Yes.
Okay thank you and I'm ready to make that motion.
And do we have any public comment Madam Clerk?
Chair Hermann and members of the board, I don't believe we have any additional public comment on this item.
Thank you. So we're ready for a motion to adopt this resolution
Sure, I'll make that motion. The conceptual motion that's now been presented to the board and to the public we have here number 18-163. I'll make that motion. I'll second.
And Madam Clerk would you call the roll?
Roll-call vote Passed 4–1 motion. I'll second. And Madam Clerk would you call the roll?
Show transcript
Motion passes 4-1
Thank You So Madam Clerk, did you read item three into the record? Okay.
2:30 – 2:4132 turns
Chair Hartman and members of the board, turning to a departmental item number three. This item is from Planning and Development Department. It is a hearing to consider recommendations regarding the Matkins parcel map comprehensive plan amendment and zoning map amendment case numbers 19TPM4, 19GPA1 and 19RZN1. And this is in the first district.
All right.
Madam Chair, before we go on to this third item I just have a clarification on the previous motion. So the board's action with the new resolution is not 18-163. This new resolution actually amended the previous resolution which was 18-163. And
it doesn't have a number yet? Is
that correct? It doesn't have a number yet Okay. Madam Chair, just for the record if you could just revise the motion and retake the action so there's no misunderstanding.
Sure. My motion incorporates the advice from County Council on the previously described motion.
This is what we're voting on?
Yes.
I accept that amendment.
And Madam Clerk once again
Roll-call vote Passed 3–2 motion. This is what we're voting on? Yes. I accept that amendment. And Madam Clerk once again
Show transcript
Motion passes 4-1
Okay you have read item 3 into the record and now is Director Plowman going to start us off here and introduce her team including Mr. Seward's
Madam Chair, thank you. I'm sorry, I'm remote today. So yes, today you have the item before you which is the map in tentative parcel map and that was heard by the Planning Commission in March of this 2021 actually and has now been advanced to the board for consideration. In the room you have the Deputy Director of Development Review which is Travis Sewards And Willow Brown, who is the planner who processed this case.
And with that I'm going to turn it over to Miss Brown and she can make a presentation.
Good morning Chair Hartman and members of the board. My name is Willow Brown. I will be presenting the proposal for the Matkins parcel map general plan amendment and rezone project. This is an aerial view of the project site. The property, outlined in red on this map, is located in the inland area of Montecito off of Stoddard Lane. It is currently zoned single-family residential two acre minimum lot size and has a land use designation of single family semi-rural residential two acre minimum lot size.
As you can see from the photo, the subject parcel is larger than almost all of the surrounding residential parcels. The proposed project includes a request for approval of a comprehensive plan amendment to change the land use designation of the proposed lots from SRR 0.5 to SRR 1.0, a zoning map amendment to change the zoning of the proposed lots from 2E1 to 1E1 and a tentative parcel map to authorize the subdivision of the subject 3.36 acre lot into three lots.
Lot 1 would be one acre, lot 2 would be one acre and lot 3 would be 1.36 acres. No structural development is proposed as part of this project. This is the proposed tentative parcel map showing the three proposed lots. The proposed access to the property will extend from Stoddard Lane to serve the lots and will include fire department required turnouts. As discussed in detail in the staff report, the proposed project is consistent with the comprehensive plan including the Montecito Community Plan.
There are adequate services to serve the proposed lots, there's adequate access and roads to accommodate the proposed traffic level and the project is consistent with policies regarding preserving the community's character The proposed project is also consistent with the Montecito Land Use and Development Code regulations. The proposed project will result in three residential lots consistent with the purpose and intent of the 1E1 zone, and will protect the residential character of the area.
The lots would comply with the required lot size of one acre, a minimum lot width of 120 feet, and the maximum density allowed for the E1 Zone District. Section 15162 of CEQA, subsequent EIRs and negative declarations was used to fulfill the environmental review requirements for the project. Section 15162 applies when the site was evaluated under a previous environmental document and there have not been substantial changes since.
The subject parcel was evaluated under the Montecito Community Plan Environmental Impact Report. There have been no known substantial changes or new information since the time that EIR was certified, and there is no evidence that the project will have a significant effect not discussed in the previous EIR as the project still allows for future residential development on the lot.
Therefore, the Montecito Community Plan EIR anticipated this use and level of development and a sufficient environmental review for the project. The project is consistent with the findings required for a general plan amendment and rezone. The property is in the interest of the community welfare as it will provide for additional housing opportunities, and all three proposed lots are suitable for residential development.
The project is consistent with good zoning and planning practices. The subject parcel is currently larger than almost all of the surrounding residential parcels, and the proposed project will bring the parcel sizes into better conformance with the size of surrounding parcels. Additionally, the proposed parcels will have the same general plan and zoning designation as other parcels in the vicinity.
Staff recommends that your board make the required findings for approval of the project, including CEQA findings. Determine that the previous environmental review may be used to fulfill the environmental review requirements for this project pursuant to CEQA Guidelines Section 15162. Adopt an ordinance to change the zoning of the subject parcel from 2e1 to 1e1 and adopt a resolution to redesignate the subject parcel from SRR 0.5 to SRR 1.0 This concludes staff's presentation. I'm happy to answer any questions that your board may have, thank you.
Thank You Miss Brown this is a quasi-judicial matter so let me call for any ex parte communications from the board members. Supervisor Nelson?
I have no ex parte communications report.
Supervisor Lavinino?
I don't have any either.
Supervisor Williams?
I have spoken with both one of the neighbors, Dr. Dean Nevins and that conversation was yesterday and I also spoke with a advocate on behalf of the applicant because the applicant is out of the country Chuck Landy yesterday so both of these communications were yesterday
And Supervisor Hart.
Two weeks ago I spoke with the applicant and Mr. Landy about the proposal
All right. And now the clerk, Madam Clerk you have some announcements?
Yes Chair Hartman and members of the board my apologies for not making this announcement earlier but the board did receive two public comment after our noon hour on Friday that were over a page in length and in order to be considered as a part of the record we will need to vote them into the record The first public comment was from Dean Given received Monday August 29th at 1131 and the second public comment was also From Dean given received Monday, August 29th at 5 20 p.m Again in order to have that considered as a part is the part of the record The board will need to vote that in those into the record
I'd move that we add those to the records I've been able to rebuild I'll second that motion
All in favor say aye. Aye. Any opposed? Alright so now do we have questions for Ms. Brown All
right. I don't know if it was not discussed because staff feels it would be inconsistent, but the surrounding lot sizes look a lot smaller. Are those half acre lots or what's the size of those lots? Ballpark. I won't hold you to exact footage in single digits
Chair Hartman, Supervisor Williams. All the parcels to the south are zoned R1 rather than E1 I believe 7R1 so the minimum lot size is seven thousand square feet but I'm not sure of the exact size
And I just am curious, this was a 4-1 decision at the Montecito Planning Commission? And was even smaller lot sizes at all discussed? This is one of those places where it's right next to Westmont. There is some de facto faculty housing in the area. You know, or was that just never discussed? Or would lots that are half acre or two-thirds of an acre be inconsistent with any of those documents?
Chair Hartman, Supervisor Williams. It wasn't proposed by the applicant and we would need to make sure there's adequate services I don't believe it was discussed at the hearing.
Okay, just curious.
Okay seeing no other lights now the applicant Mr. Charles Landy speaking on behalf of the applicant has an opportunity to address us for five minutes.
2:41 – 2:4714 turns
Hi, good morning. On behalf of the Matkins family I'm pleased to be present today and we appreciate your consideration of this item before you if there are any questions i will attempt to answer them when they come up thank you
okay so now we'll go to public comment and then you'll have an opportunity to respond to what you hear in public comment madam clerk
Chair Hartman and members of the board. Yes, we have two requests to speak on this item and we are going to zoom for Scott Solages to be followed by Steve Bodie Scott.
Good morning, Chair and the Board. My name is Scott Soulage. I'm appearing on behalf of Casey and Melissa McCann. The McCann's own and reside at 520 Paso Robles Drive which is just south of the project area. The McCann's do support the development however they believe that it would be consistent with the Montecito Community Plan in the general I'm going to go ahead and open it up for questions.
It will not only enhance the character of the community, it also will free up space between the back of these properties on Paso Robles Drive and the narrow access lane that could be used for footpath traversing. And Montecito Community Plan, it does encourage leaving unpaved areas along the side of roads open, removing the lines and burying them would accomplish this.
In addition, the Montecito foothills are very high fire risk And to remove the power lines from above ground would of course eliminate the risk that they were to spark, they were to cause fires. But it would also allow more room for fire trucks and people to escape where there are a fire in the area. In addition, the fire risk is also a threat to the native vegetation on the letter that I had sent to the board we enclosed some photographs just showing these lines running right through native coast live oak trees and the Montecito community plan does In addition, this power line is close to a transformer which was included in the photos. This transformer has, it's essentially very old and at risk and so there's a substantial risk of danger and fire posed by the existence of these lines that burying them would accomplish.
In addition with the lines of their ground, they would also be free from any obstruction or interfering with access. The lane is very narrow it's going to be accessing 3 parcels that are each a full acre there's gonna be substantial development with the. You know, the importance of ad use. I'm sure there will be 80 years. There's going to be a lot more traffic coming in and out through this very narrow access road utility trucks, the landscapers, the pool guys, the contractors and fire trucks in the event of fire so It appears that burying the power lines would serve all the purposes of the Montecito community plan and would further the safety and welfare of the entire neighborhood and community. And so the McCann's urge that burying the lines be a condition of the applicants project here, thank you.
Thank you.
And we will now go to our final speaker Steve Bode. Steve? And Steve, we have unmuted you on our end. If you can please unmute on your end to provide your comments?
Yes. Can you hear me now?
Yes, we can. Thank you.
Thank you. So my name is Steve Boddy and I live at 660 Chell Hemway and our back fence backs up to where the development property is being proposed And just wanted to share that we don't oppose the development of the property. However, there is a trail that we can access through our back gate that we use and Uh, we would like to urge the development team and those that are designing in the properties is that. That easement that's there remain there so that we can continue to access that trail which we use. To access Westmont College.
And also the hills and all the hiking trails that go up behind Westmont College. So, um, that was, that was the main thing I'm neighbors with Mary and Dean given who also I believe has mailed a letter with this summarizing this information as well but I just wanted to join the meeting today since I was available and share with you that we are in support of their letter and ensuring that easement remain for our access And that was it.
Thank
you.
Thank you. And that concludes public comment on this item
and so Mr Land we're back to you if you'd like to address any of the public comments that you heard
I think as far as far as the the easement or trail is concerned, Mr Matkins did speak to to at least one of the people that responded to you. And he said that he would consider that when, when he creates the planning for the specific lots that now really wasn't the time to take that into consideration so he has made his commitment to the neighbors to visit with them at that time.
As to the comment regarding undergrounding we all know Expensive proposition. I think that's really all I have to say.
OK, has Miss Brown or other P&D staff? Have you heard anything you would like to elaborate on or correct?
2:47 – 2:5212 turns
Chair Hartman, I wanted to address the comment on undergrounding utilities. Existing condition of approval nine does require undergrounding of onsite utilities as part of the proposed project. But that the policy regarding undergrounding utilities is land use element visual resource policy five And applies to utilities as part of new developments, so it does not place the responsibility for undergrounding offsite utilities on the applicants for development projects. So it would just be the new utilities onsite And if there's any other questions regarding anything else that has been brought up, I'm happy to address them.
I would like to know more about the trail. Is there indeed an easement? If there is, then it seems to me that that would be respected. So not is there an easement for our trail.
Chair Hartman, there's an unofficial pathway along the western edge of the property But there's no recorded trail easement on the property. The county trails maps do not show this area as a desired future public trail and County Parks did not request a trail easement in this location
Okay, so I guess that's something then to be negotiated with the neighbors with an informal but okay, I just strongly encourage that Supervisor Williams
Yes, I want to chime in and it's my understanding that would not be an appropriate discretionary action for us to require of the applicant. So I'm just going to encourage it. It's a it's a great neighborhood and people have a lot of informal access in the neighborhood. And people are really respectful with it. And so you know first of all heartens me that the applicant is currently a Carpinteria resident And so he's not moving in. He may understand that there can be a good relationship among neighbors in regard to access, and I hope the applicant and or his friends, Mr. Landy will negotiate with the neighbors or work with them.
The under grounding question is a totally new one to me. I have not seen that. I've seen that asked for in projects, I have not seen that and I've seen some applicants do it, not often but do it and it makes it quite attractive but that's not something we can require is my understanding. And feel free to
correct me. I see Mr. Seward nodding emphatically.
We required for development on the project site itself. We don't require it for offsite of the project site.
Okay, seeing no more lights up here Supervisor Williams this is in your district would you like to make a motion?
Well, first of all I think that the amount of discretion that we have in this matter is threadbare. This is a decision that the Montecito Planning Commission has recommended by a four to one vote. The lots are demonstrably even with the change larger than the surrounding lots. And so, you know I don't see a way...I do not see that we can say no to them, to this decision and looking at the findings, obviously the findings are very dependent upon the EIR for the whole Montecito community plan Some of which is relevant to this and some of which is not really relevant, but I do feel like we can make the findings.
So you move A through D in staff recommendation?
Yes. Second.
All in favor say aye. Aye. Any opposed? Passes unanimously. Thank you very much. Okay Ms. Van Mollema as our County Council will you tell us what's in store for us in closed session today? Thank
2:52 – 5:272 turns
You Madam Chair members of the board We have five items for closed session today, two items of existing litigation. County of Santa Barbara versus Rosser, that's an Orange County Superior Court case. SJ Amoroso Construction Company versus County of Santa Barbara also an Orange County Superior Court case. We have one case of anticipated litigation deciding whether to initiate civil litigation. One case we have public employee performance evaluation for a county executive officer, and we have a conference with labor negotiators and four county executive officer. Our agency designated representative is Santa Barbara County Board of Supervisors Chair Joan Hartmann.
And our time estimate I believe is an hour and 15 minutes.
Okay, thank you. So we'll start closed session at noon. We'll be back here about 115-130. And we've finished our business items for today so we'll just come back and report out from closed session. We're reconvening the meeting of August 30, 2022 of the Santa Barbara County Board of Supervisors here in the Santa Barbara Hearing Room. We've completed our departmental agenda, reconvene from closed session. County Council will you report out from closed session?
5:27 – 5:304 turns
Thank you, Madam Chair and members of the Board. The board met in closed session on five items and there are two that are reportable actions. The first, County of Santa Barbara v. Rosser International, Orange County Superior Court case. The board also met in SJ Amoroso Construction Company v. County of Santa Barbara, also an Orange County Superior Court case.
In this case SCM rose to construction companies alleging a breach of contract indemnity Declaratory causes of action against the county related to the northern branch jail project in closed session The board authorized the filing of across complaint and the pending litigation The details of which will be disclosed once the actions formally commenced To anyone that asks the vote of the board was unanimous with all supervisors being present. I The board also met with public employee performance evaluation, county executive officer, conference with labor negotiators, county executive officer with the agency representative of Chair Hartman.
And the board met with a conference that legal counsel anticipated litigation and the board in closed session considered whether to initiate litigation. The board voted unanimously to initiate litigation against the regents of the University of California This litigation would involve the University of California Santa Barbara campus concerning UCSB's failure to comply with its housing obligations under the 2010 UCSB Long-Range Development Plan Mitigation Implementation and Settlement Agreement.
Thank you, and Supervisor Hart
My board colleagues have asked me to read the following statement. The 2010-2025 University of California Santa Barbara Long Range Development Plan Mitigation Implementation and Settlement Agreement between UCSB, the County of Santa Barbara and City of Goleta Signed by the UC Regents, provided UCSB the opportunity to grow in a responsible meter manner from 20,000 to 25,000 students and ensured that the growth would occur matched with constructing on-campus housing for students.
The agreement addressed the expressed impacts to the surrounding community by the projected growth of up to 5,000 students, 336 additional faculty and 1,400 additional staff. The County of Santa Barbara remains steadfast in its ongoing assertions to UCSB to build the required housing and fulfill the terms of the agreement in order to provide for the needs of the students and reduce impacts to the surrounding communities.
While every opportunity has been afforded to the University of completing the construction, to date UCSB has failed to construct all the beds needed. Despite ongoing requests for a timeline related to construction of the housing, it's apparent that the required beds will not be in place prior to 2025 when the agreement expires. The county and UCSB have enjoyed a long-standing relationship of working collaboratively to address the needs of a shared constituency.
Unfortunately, at this time very simply UCSB has breached the settlement agreement by failing to provide the required housing of its students, faculty and staff. Despite numerous attempts by the county over many years to secure a reliable timeline as to when UCSB will build the required housing there is no timeline or commitment by UCS B for when the requirement will be addressed.
Litigation was the only path remaining to compel UCSB to act upon their obligation.
Thank you Supervisor Hart, this is not an action that we take lightly with that were adjourned to Tuesday September 13th in Santa Barbara