Board of Supervisors Meeting of December 4, 2018

Employee of the Month Resolution

• Supervisor Adam presented a resolution to honor Diana Estorga, a Public Works Project Manager, as the December 2018 Employee of the Month.
• The resolution cited her career history, leadership, and service to the public.
• The board moved to pass and adopt the resolution.

World AIDS Day Proclamation

• Supervisor Adam presented a resolution to proclaim December 1, 2018, as World AIDS Day in Santa Barbara County.
• The resolution highlighted the 30th anniversary of the observance and the 2018 theme "Know Your Status."
• The board moved to pass and adopt the resolution.

Single Audit Reports (FY 2018)

• The Auditor-Controller presented recommendations regarding single audit reports for the fiscal year ending June 30, 2018.
• Supervisor Lavagnino commented on the Department of Social Services’ efforts to implement corrective actions for federal funding compliance.
• The board considered the recommendations and passed the item.

Residential Property Assessed Clean Energy Financing

• Supervisor Adam announced that this item from Community Services would be withdrawn from the agenda.
• A motion was made to withdraw Item D2.
• The motion to withdraw the item passed.

Cannabis Licensing Ordinance Amendment

• Staff presented an amendment to Chapter 50 to make the cannabis business licensing ordinance effective in the coastal zone.
• The amendment allows the ordinance to take effect 30 days after adoption rather than upon Coastal Commission certification.
• Staff outlined the timeline for pre-qualification and random selection processes, with public noticing expected to begin around January 1, 2019.
• The board considered the amendment and passed the item.

Annual Truth Act Report

• Sheriff Bill Brown presented the annual report on ICE access to individuals in local custody during 2017 and 2018.
• The Sheriff explained that ICE access is primarily determined through federal fingerprint databases and that the Sheriff’s Office does not release inmate lists en masse.
• The Sheriff noted that ICE pickups declined in 2018, attributing the change to the implementation of the California Values Act and shifts in ICE operational tactics.
• The board received the report and public comment without a specific motion to adopt or reject it.

Child Welfare Services Statistics and System Improvement Plan

• Staff presented 2015–2017 statistics showing downward trends in open cases and children in foster care, attributed to prevention investments and high exit rates.
• The System Improvement Plan focuses on permanency within 12 months, placement stability, and workforce wellness.
• Staff detailed the Commercial Sexual Exploitation of Children (CSEC) program, noting increased referrals and interagency collaboration.
• The board voted to receive and file the report.

Retail and Nuisance Issues

• A Supervisor commented on the need to address retail issues and nuisance questions, suggesting better enforcement might resolve some issues without ordinance changes.
• The Chair indicated that staff had been given loose direction to prepare further support.
• The board voted to approve the item.

Closed Session

• The board entered closed session to consider an active litigation case and the appointment of a Fire Chief.
• Upon reconvening, the Chair reported no reportable actions from the closed session.

Public Comment (General)

• Public comment was received from Jeremia Salazar, an unidentified speaker, and Bob Bisup. Speakers discussed the impact of immigration enforcement on families, the terminology used to describe undocumented individuals, and the ethical obligations of local officials regarding immigrant rights and due process.

Agenda Item A23: Resolution of Commendation for Employee of the Month

• Discussion: Supervisor Adam presented a resolution sponsored by Chair Williams to honor Diana Estorga, a Project Manager in the Public Works Department Transportation Division, as the Santa Barbara County Employee of the Month for December 2018. The resolution cited her career history, leadership, and service to the public.
• Motion/Decision: The board moved to pass and adopt the resolution.
• Vote Outcome: Passed.

Agenda Item A24: Resolution Proclaiming World AIDS Day

• Discussion: Supervisor Adam presented a resolution co-sponsored by Supervisors Wolf and Hartman to proclaim December 1, 2018, as World AIDS Day in Santa Barbara County. The resolution highlighted the 30th anniversary of the observance, global HIV statistics, and the 2018 theme "Know Your Status."
• Motion/Decision: The board moved to pass and adopt the resolution.
• Vote Outcome: Passed.

Agenda Item A2: Single Audit Reports for Fiscal Year Ending June 30, 2018

• Discussion: The Auditor-Controller presented recommendations regarding the single audit reports for the fiscal year ending June 30, 2018. Public comment was received from Nancy Emerson, Ed Kolaski, Tim Mahoney, and Deb Andrews. Supervisor Lavagnino commented on the Department of Social Services’ efforts in implementing systems and corrective actions to protect taxpayer funds, noting the complexity of federal funding compliance.
• Motion/Decision: The board considered the recommendations.
• Vote Outcome: Passed.

Agenda Item D2: Residential Property Assessed Clean Energy Financing

• Discussion: Supervisor Adam announced that this item from Community Services would be withdrawn from the agenda.
• Motion/Decision: A motion was made to withdraw Item D2.
• Vote Outcome: Passed.

Agenda Item 3: Amendment to Chapter 50 (Cannabis Licensing in Coastal Zone)

• Discussion: Dennis Pisanich from the County Executive Office presented a follow-up item to amend Chapter 50, the cannabis business licensing ordinance, to make it effective in the coastal zone. The amendment would allow the ordinance to take effect 30 days after adoption, rather than upon certification by the Coastal Commission, as the Commission had integrated relevant provisions into the coastal zoning ordinance. Staff outlined the timeline for pre-qualification and random selection processes, noting that public noticing would begin around January 1, 2019. Supervisor Lavagnino inquired about the timeline for retail approvals and Coastal Commission approvals. Staff confirmed that the board had previously approved the structure and direction for moving forward.
• Motion/Decision: The board considered the amendment.
• Vote Outcome: Passed.

Agenda Item 4: Annual Truth Act Report and Community Forum

• Discussion: Sheriff Bill Brown presented the annual report required under the Truth Act (Government Code section 7283.1D) regarding ICE access to individuals in local custody during 2017.
• Legislative Context: The Sheriff summarized three key laws: the Trust Act (AB 4, 2013), the Truth Act (AB 2792, 2016), and the California Values Act (SB 54, 2018). He noted that the Values Act was not in effect during the 2017 reporting period.
• 2017 Data: In 2017, 15,241 inmates were released. ICE requested release date notifications for 526 individuals and picked up 351 of them (2.3% of total releases). The Sheriff stated that historically, the Sheriff’s Office did not maintain aggregate ICE access data, and the 2017 data was derived from manual searches.
• 2018 Data (Year-to-Date): As of November 30, 2018, 11,551 inmates were released. ICE requested notifications for 390 individuals and picked up 74 of them. The Sheriff attributed the decline in pickups to the implementation of the Values Act and changes in ICE operational tactics, shifting from jail pickups to field operations.
• Operational Details: The Sheriff explained that ICE access is primarily determined through the federal fingerprint database. He clarified that the Sheriff’s Office does not release lists of inmates en masse; information is available via specific queries through the "Who's in Jail" module of the new jail management system, which was implemented in 2018. He stated that in 2017, there were zero ICE interviews within the jail due to the Truth Act’s consent form requirements.
• Legal Constraints: The Sheriff discussed limitations under the Values Act, noting that many crimes (e.g., certain DUIs, misdemeanors) do not qualify for ICE notification unless specific conviction thresholds are met. He cited a specific case involving 12 individuals indicted for murders in Santa Maria, stating that none would have qualified for ICE notification under the current law due to the nature of their prior convictions.
• Public Comment: Twenty individuals spoke, including Jonathan Abboud, Julia Hamilton, Michael Lynch, Alejandra Melgoza, Gabriel Lucatero, Frank Rodriguez, Zoila Cabrera, Gina Whitaker, Bob Bisup, Benito Camarillo, Lupita Rios, Pam Gates, Patricia Inerte, Gail McNeely, Hazel Devalos, Jorge Gil, Hermelius Salazar, Joanna Barrera, Anahi Mendoza, Mary Solario-Jaca, and Crystal Roble. Speakers addressed concerns regarding family separation, the use of the term "illegal alien," the impact on children, the Sheriff’s cooperation with ICE, and the adequacy of the Truth Act’s protections.
• Staff Clarification: A staff member clarified that the Sheriff’s Office complies with Government Code 7200 series and the Public Records Act regarding the identification of arrested individuals. Another staff member noted that ICE notifications are initiated by ICE, not the Sheriff’s Office, and that inmates have the option to refuse interviews.
• Motion/Decision: The board received the report and public comment. No specific motion to adopt or reject the report was recorded in this segment, as it was a hearing to consider recommendations and receive public comment.
• Vote Outcome: N/A (Hearing/Report received).

Closed Session

• Discussion: The board entered closed session to consider two matters: an active litigation case (Zarza v. Crable et al.) and the appointment of a Fire Chief.
• Outcome: The board reported no reportable actions from the closed session.

Agenda Item: Balance of A Agenda and Ceremonial Resolutions A23 and A24

• Discussion: The Chair requested a motion on the balance of the A agenda to allow staff to proceed. A separate motion was requested for Ceremonial Resolutions A23 and A24.
• Motion: Motion to approve the balance of the A agenda.
• Vote: Passed.
• Motion: Motion to approve Ceremonial Resolutions A23 and A24.
• Vote: Passed.

Agenda Item: A2

• Discussion: The Chair noted this was the last item on the A agenda.
• Motion: Motion to approve Item A2.
• Vote: Passed.

Agenda Item: Departmental Item 1 (Child Welfare Services Statistics and System Improvement Plan)

• Discussion: The presenter provided a snapshot of Child Welfare Services statistics from 2015–2017, noting downward trends in in-person investigations, open cases, and children in foster care (average of 361 in 2017, down from 406 in 2016). The presenter attributed this to prevention investments and high exit rates to permanency. The presentation covered performance on federal and state measures, noting consistent exceedance of standards for safety and timely investigations, but struggles with meeting the standard for permanency within 12 months and placement stability.
• System Improvement Plan (SIP): The presenter detailed three focus areas:
• 1. Permanency within 12 months: Progress was made through increased use of Child and Family Teams (CFT). 2. Placement Stability: Efforts included adding a dedicated emergency placement social worker to increase relative placements (up 8% from 2016 to 2017). An RFP for resource family support programs is planned for spring. 3. Workforce Wellness: Identified as a systemic factor. Actions included expanding secondary trauma support, improving recruitment processes, and establishing a social worker practice team to address morale and retention.
• CSEC Program: The presenter outlined the Commercial Sexual Exploitation of Children (CSEC) program, noting its fourth year of operation and the interagency collaboration required by recent state bills (SB 855, SB 794, SB 1322).
• Questions/Comments:
• A Supervisor asked about the reduction in foster care numbers, asking if it was due to adoptions or reunifications. The presenter indicated it was a combination of increased reunifications, steady adoptions, and fewer entries into the system.
• A Supervisor asked about resource parent recruitment, particularly in South County. The presenter confirmed some are in South County but the county is still behind on recruitment goals.
• A Supervisor asked about the fiscal plan for hiring a new position mentioned in the discussion. The presenter stated they were currently interviewing.
• A Supervisor discussed the decriminalization of youth in CSEC cases, noting that prior to recent changes, children were often prosecuted for offenses they had no control over.
• Motion: Motion to receive and file the report.
• Vote: Passed.

Agenda Item: Item 3 (Withdrawal and Rescheduling)

• Discussion: The Chair proposed withdrawing and rescheduling Item 3.
• Motion: Motion to withdraw and reschedule Item 3.
• Vote: Passed.

Agenda Item: Retail/Nuisance Issues (Unnumbered Item)

• Discussion: A Supervisor commented on the need to flesh out the path for retail issues and address nuisance questions, suggesting that better enforcement might resolve some issues without ordinance changes. The Chair indicated loose direction had been given to staff to prepare further support.
• Motion: Motion to approve the item.
• Vote: Passed.

Agenda Item: Closed Session

• Action: The Board entered closed session.
• Report: Upon reconvening, the Chair reported from closed session.

Agenda Item: Item 4 – Annual Truth Act Report and Community Forum

• Discussion: Sheriff Bill Brown presented the Annual Truth Act Report. He explained the legal requirements for the Sheriff’s Office regarding ICE interactions, including the requirement to provide forms to inmates notifying them of ICE requests for interviews or release date notifications. He stated that these forms inform inmates that communication with ICE is not obligatory. He noted that ICE often obtains release dates through fingerprint databases and waits for individuals upon release. He clarified that jail information (name, charge, arrest/release dates) is public record under the Government Code, accessible via the website or by request, primarily to allow victims of crime to know when offenders are released. He emphasized that the Sheriff’s Office does not share witness information with ICE and that the goal is to balance community safety with the protection of immigrant communities.
• Public Comment:
• Speaker 1 (Unidentified): Criticized the Board of Architectural Review and the Second District Supervisor for alleged illegal functions and lack of democracy in the district, citing personal difficulties with a home remodel.
• Speaker 2 (Unidentified): Expressed support for the immigrant community, citing family and community values.
• Gabriel: Requested dignity and due process for immigrants, stating the Sheriff should work for the community.
• Gina Whitaker: Supported the Truth Act and SB 54, urging local law enforcement to disentangle from ICE, stop posting release dates, and halt ICE access to jail facilities. Cited studies showing stable or falling crime rates in areas with increasing immigrant populations.
• Patrick Lyra Lanier: Thanked the Board for the proclamation acknowledging the 30th anniversary of World AIDS Day on behalf of Pacific Pride.
• LULAC Representative: Expressed opposition to collaboration between law enforcement and ICE and against the posting of release dates.
• Joanna Barrera: Shared a personal anecdote about her brother being detained by ICE after completing community service. Demanded an end to collaboration between ICE and local law enforcement.
• Olga Cabrera: Requested that ICE be removed from the county and that local police not act as immigration agents.
• Speaker (Unidentified): Stated that ICE has separated Latin families from their children.
• Deb Andrews: Complained about sharp curbs on Highway 1 south of Lompoc, citing safety hazards and fatal accidents. Suggested removing curbs based on an Iowa Highway Commission report. Also suggested contacting the Nuclear Energy Agency for fire warning system ideas.
• Hazel Davalos (CAWS): Cited a 2014 protest in Santa Maria against an ICE facility. Argued that local police aiding deportation undermines trust and safety. Cited TRACS data showing 405 of 898 ICE apprehensions in Santa Barbara County in 2017 were linked to local incarceration.
• Reverend Julia Hamilton (CLU): Expressed concern that releasing personal information of those released from jail increases the risk of mistaken identity and profiling. Advocated for treating all residents with dignity and applying laws fairly regardless of immigration status.
• Motion: Motion to receive and file the report and determine that it is not a project under CEQA.
• Vote: Passed.

Adjournment

• Action: The Board adjourned until the next Tuesday in Santa Barbara.

Agenda Item: Child Welfare Department Report (CSEC, Continuum of Care Reform, and Resource Family Recruitment)

Discussion and Presentation

• Staff presented an update on the Commercial Sexual Exploitation of Children (CSEC) program and Continuum of Care Reform (CCR). Key points included:
• CSEC Program: The CSEC Steering Committee, led by Child Welfare and including Probation, Public Health, Behavioral Wellness, and Juvenile Court, is operationalizing a first responder protocol. A "First Responder ID Tool" for law enforcement and a community resource card were distributed to board members. Staff reported an increase in CSEC-related referrals to the child abuse hotline from law enforcement, attributed to outreach and the use of the ID tool. A specialized CSEC program, "4 Kids 2 Kids STRTP," opened in June of the previous year with support from the Junior League. Another provider, Hope Refuge, is applying to open a new STRTP. The California Department of Social Services released an RFP for specialized placement and services, and community partners are developing a proposal. A prevention event held in Santa Maria in November attracted over 250 attendees, and a similar event is planned for the spring.
• Continuum of Care Reform (CCR): Staff outlined three main elements of CCR:
• 1. Child and Family Teams: Required for all children entering the system since January 1, 2017. The CANS assessment tool began use in September 2018 to monitor progress. A new rate structure for home-based family care was implemented in Phase 1 (March 2018); Phase 2 was scheduled for December 2018 but may be delayed to January. 2. Limited Use of Congregate Care: The number of youth in group homes declined from 45 in 2015 to 14 as of the presentation date. One group home has transitioned to STRTP status; the other four have applied for extensions to complete their transition to STRTPs. 3. Increased Capacity for Home-Based Family Care: Recruitment efforts, including the "Our County, Our Kids" campaign and the "Inspire" business discount program, resulted in a 500% increase in new resource families from 2015 to 2017. The department began using the "Binti" online application and approval system to streamline processes and improve placement matching. The Child Care Bridge Program provides vouchers and navigation support for resource families.

Public Comment

• Anai Mendoza (Immigrant Legal Defense Center): Stated that over 1,400 individuals were detained in the county between January 2017 and May 2018. She cited a case where an individual was detained by ICE upon release from the county jail after posting bail for a misdemeanor, arguing that public release dates facilitate such detentions.
• Lupita Rios: Requested an end to collaboration with ICE and the posting of release dates, arguing that current practices undermine the California Values Act and create fear that prevents reporting of crimes.
• Patricia Yarte (reading on behalf of Samantha): Shared a personal account of her father’s detention by ICE after release from the county jail. She requested that the Sheriff stop posting release dates and prevent ICE access to the jail.
• Unidentified Speaker (Isla Vista Leaders): Read a letter from over 40 signatories demanding the Sheriff’s Department cease publishing release dates, citing concerns about due process and racial profiling.
• Michael Lynch: Requested that release dates not be posted to protect personal privacy and to avoid targeting undocumented individuals.
• Pam Gates: Expressed concern that cooperation with ICE reduces trust in law enforcement and discourages crime reporting within the immigrant community.
• Nancy Emerson (We Watch, San Ynez Valley): Requested review and revision of Sections B and D of the cannabis land use ordinance to address compatibility issues in the San Ynez Valley, citing a specific cultivation application that caused resident concerns.
• Alejandra Melgoza (CAUSE): Requested that local government not participate in deportation enforcement and that the Sheriff stop posting release dates.

Board Questions and Discussion

• Supervisor Hartman: Asked about the policy underlying the transition from foster family agency care to county care, budgetary implications, and the number of trafficked children in the county. She also raised concerns about the cannabis ordinance and its interaction with the hoop ordinance, suggesting a need for tweaks. She questioned how ICE accesses jail information, specifically regarding fingerprinting and release date databases.
• Supervisor Williams: Asked for statistics on CSEC victims, noting 4 newly identified victims in FY 17-18 and a total of 11 open cases. He noted an increase in hotline calls, from 46 in 2017 to approximately 60 in the current year. He discussed prevention programs (Differential Response, Voluntary Family Preservation) and recruitment efforts, noting 60 new families recruited in 2017.
• Supervisor Lavagnino: Commented on the reduction of group home placements from 45 to 14 and the success of the Binti system. He emphasized the importance of monitoring child welfare strategies and supporting social worker stability.
• Supervisor Adam: Asked how ICE identifies individuals for detention requests and whether ICE enters the jail to meet with inmates. He inquired about the language of forms provided to inmates regarding ICE notification.
• Supervisor Wolf: Asked about the process for notifying ICE and whether release dates are posted for individuals who have posted bail.
• Supervisor Carbajal: Asked about the number of undocumented individuals in the jail population and the criteria for ICE cooperation. He questioned whether the Sheriff would honor an ICE detainer for a specific individual involved in a homicide.

Sheriff’s Response

• The Sheriff explained that the jail management system is used by various agencies. He stated that release dates are public information and that the system is open to the public. He clarified that ICE may access information through fingerprinting or the public website. He stated that the Sheriff’s Department does not actively notify ICE but that ICE may use public data. He emphasized that the Department enforces laws and cooperates with federal agencies when legally required.

Motion and Vote

• A motion was made to accept the Child Welfare Department report.
• The motion was seconded.
• The Board voted to pass the motion.

Public Comment

• Speaker: Crystal Robles
• Content: The speaker identified herself as the daughter of immigrants and a Mixteco speaker. She requested that local law enforcement and county supervisors cease collaboration with Immigration and Customs Enforcement (ICE). She cited SB 54, stating that local law enforcement is prohibited from collaborating with ICE, and argued that such collaboration constitutes a crime. She stated that fear of deportation leads to unreported crimes and that ICE collaboration breaks up families. She shared a personal account of her father’s arrest for a minor offense, which she stated resulted in her family’s financial hardship and loss of adult supervision. She urged the board to end collaboration with ICE to prevent further family separation.