Meeting Summary
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At a glance
Conception Dive Boat Incident
- Sheriff Brown reported that 33 of 34 victims were recovered following the September 2 fire near Santa Cruz Island.
- Preliminary findings indicate victims died from smoke inhalation, with search and salvage operations ongoing.
- The board observed a moment of silence and identified the Community Wellness Team as a resource for affected individuals.
McMurray Fire Update
- Fire Chief Hartwig reported the fire had burned approximately 200 acres with 30% containment at the time of the report.
- Approximately 200 firefighters remained on scene, with additional support expected for line cutting and mop-up operations.
- Evacuations were conducted in coordination with the Sheriff’s Office and other agencies.
Public Safety Power Shutoff (PSPS)
- OEM Director Hubbard reported that power was restored to all affected customers by the evening of September 8.
- SCE deployed a community outreach vehicle to Gersh Park to provide water, snacks, and device charging.
- Staff are reviewing PSPS planning, notification protocols, and coordination with the Department of Public Health to improve future responses.
Agenda Addendums and Changes
- The board accepted addendum items A33 and A34, the continuance of the Fresno Point Lane Bridge Replacement item, and the withdrawal of Item A13.
- The motion to accept these procedural changes passed unanimously.
Honorary Resolutions
- Resolutions were adopted proclaiming September 2019 as Suicide Prevention Month and National Childhood Obesity Awareness Month.
- Janine Neal, Tanisha Castaneda, and Manny Christostomo were honored as Employees of the Month for their contributions to public health.
- Commander Patrick Murphy was honored as the Veteran of the Month, with upcoming veteran events promoted to the board.
Air Monitoring Network Program Agreement
- The Agricultural Commissioner presented results from 2017 monitoring showing all 31 active ingredients were well below health concern thresholds.
- A declining trend in pesticide levels was observed in the Santa Maria monitoring data.
Budget Revisions
- The board approved all budget revision requests except for item 6584, which was held for further follow-up.
- Supervisor Adam raised questions regarding the timing of the three-year update associated with the excluded item.
Patterson Avenue Holdings New Office Appeal
- The board upheld the appeal and denied the project based on concerns regarding traffic safety and intersection complexity.
- The appellant argued that the applicant's traffic study was inadequate and that collision data contradicted staff findings.
- County staff and the applicant disputed the collision data, noting that most incidents occurred on Caltrans facilities rather than the proposed driveway.
- The motion to accept the appeal and deny the project passed with a 3-2 vote.
Northern Branch Jail Project – AB 900 Phase 2 Financing
- The board approved the facility sublease and authorized county signatories for the state’s bond sale documents.
- The sublease requires the county to operate and maintain the facility for the life of the bonds, estimated at 25 years.
- The state is responsible for bond payments, with $4 million in retention held until final completion.
All-Point Lane Bridge Replacement – Easement Acquisition
- The board continued the item to October 1, 2019, to allow for further review or preparation.
- No public comment was requested for this specific agenda item.
Grand Jury Report – Suicide in Custody
- The board adopted the staff response agreeing with Finding 9 regarding the lack of National Commission for Correctional Health Care accreditation.
- The board stated that Recommendation 9 has been implemented to enforce contract obligations regarding accreditation.
- The Sheriff and medical provider representatives are scheduled to present a report on accreditation progress in one week.
Strategic Energy Plan (SEP) Report
- Staff presented findings on solar potential, estimating 1,430 to 1,950 gigawatt-hours annually for urban areas and 270 to 975 gigawatt-hours for agricultural areas.
- Barriers identified include institutional, regulatory, utility/infrastructure, education, and financial challenges.
- Staff recommended a phased approach including an Energy Assurance Plan, utility-scale solar ordinance, and updates to Williamson Act rules.
Solar Energy Projects and Jail Infrastructure
- The board approved Items B1, B2, B3, and Recommendations A and C, including a directive for a two-phase solar plan for the Northern Branch Jail.
- The motion included a definitional change to exclude built environment projects from the "utility scale" category.
- The BetterAvia project, a 0.8-megawatt solar system with battery storage, is targeted for construction in early November.
- The motion passed with a 4-1 vote.
Closed Session
- The board considered existing litigation concerning Southern California fire cases and labor negotiations for various bargaining units.
- No reportable actions were taken during the closed session.
Full summary
Roll Call and Pledge of Allegiance
- The meeting was called to order, a roll call was taken confirming all members were present, and the board recited the Pledge of Allegiance.
Approval of Previous Minutes
- A motion was made and seconded to approve the minutes of the last meeting. The motion passed unanimously.
Moment of Silence and Community Wellness Update
- Supervisor Hart provided remarks regarding the Conception dive boat fire tragedy. The Community Wellness Team was identified as a resource for those affected, with a contact number provided. A moment of silence was observed.
CEO’s Report: Conception Dive Boat Incident
- The CEO’s office presented a report on the Conception dive boat fire. Sheriff Bill Brown briefed the board, noting that the 75-foot vessel caught fire near Santa Cruz Island on September 2. Thirty-four victims were presumed dead, with 33 recovered and one missing at the time of the report. Preliminary findings indicated victims died from smoke inhalation. Search and recovery operations were ongoing, with salvage operations expected to begin shortly. Sheriff Brown highlighted the mutual aid response from various agencies and community organizations.
CEO’s Report: McMurray Fire
- Fire Chief Mark Hartwig provided an update on the McMurray fire, which started near Highway 101 between Buellton and McMurray Road. At the time of the report, the fire had burned approximately 200 acres with 30% containment. Approximately 200 firefighters remained on scene, with additional support expected for line cutting and mop-up operations. Evacuations were conducted in coordination with the Sheriff’s Office and other agencies.
CEO’s Report: Public Safety Power Shutoff (PSPS)
- Director Kelly Hubbard of the Office of Emergency Management (OEM) provided an update on the Public Safety Power Shutoff event involving Southern California Edison (SCE). The shutoff affected the Mist and Kachuma circuits, with notifications sent to the public on September 4. Power was restored to all customers by the evening of September 8. SCE deployed a community outreach vehicle to Gersh Park in Goleta to provide water, snacks, and device charging. OEM staff noted they were reviewing PSPS planning, notification protocols, and coordination with the Department of Public Health to improve future responses. Supervisor Hartman raised concerns about utility map clarity and the need for improved communication regarding cooling centers and vulnerable populations. Supervisor Williams inquired about inspection timelines and repowering speeds for larger future shutoffs. OEM stated that utilities are required to file reports with the California PUC within 10 days of a proactive shutdown, which would include details on justification and repowering steps.
Chair’s Report
- Chair Lavagnino welcomed back Chris Henson, the returning Chief of Staff for Supervisor Hart.
Agenda Addendums and Changes
- The Clerk reported an addendum posted on Friday, which included:
- Amendments to the closed session agenda.
- Addition of Administrative Items A33 and A34.
- Continuation of Departmental Item 4 (Fresno Point Lane Bridge Replacement) to October 1, 2019.
- Withdrawal of Administrative Item A13 (Grant Agreement with the City of Santa Barbara).
- A motion was made and seconded to accept the addendum items (A33, A34), the continuance of Item 4, and the withdrawal of Item A13. The motion passed unanimously.
Honorary Resolutions
- A motion was made and seconded to approve Administrative Items A1, A2, A3, and A34. The motion passed unanimously.
- Item A1: Suicide Prevention Month
- A resolution was adopted proclaiming September 2019 as Suicide Prevention Month in Santa Barbara County. Speakers from the Community Wellness Team and Behavioral Wellness Commission thanked the board and highlighted upcoming events, including a candlelight vigil in Carpinteria, a forum at the Pacific Conservatory Theater, and a talk by Kevin Hines at Santa Barbara City College. Supervisor Hartman noted concerns regarding social media’s impact on teen suicide rates.
- Item A2: National Childhood Obesity Awareness Month
- A resolution was adopted proclaiming September 2019 as National Childhood Obesity Awareness Month. Speakers from the Public Health Department, including Dr. Kristen Hughes, discussed the complexity of childhood obesity, citing local statistics and the multifaceted approach required to address it, including environmental, social, and individual factors. Supervisor Williams thanked the Carpinteria Clinic staff. Supervisor Hartman emphasized that childhood obesity is a social and public health issue requiring cross-departmental and community-wide efforts.
- Item A3: Employees of the Month
- A resolution was adopted honoring Janine Neal, Tanisha Castaneda, and Manny Christostomo of the Public Health Department as the September 2019 Employees of the Month. Their contributions to HIPAA security, the Children’s Medical Services Program, and public health laboratory operations, respectively, were highlighted.
- Item A34: Veteran of the Month
- A resolution was adopted honoring Commander Patrick Murphy as the September 2019 Veteran of the Month. Commander Murphy thanked the board and promoted upcoming veteran events, including a breakfast at the Veterans Memorial Building and a Veteran Day Parade. Supervisor Williams thanked Commander Murphy for maintaining veteran camaraderie and connecting veterans with services. Chair Lavagnino noted that September 11 remembrances would be held at county fire departments the following day.
Administrative Agenda
- Item A5: Air Monitoring Network Program Agreement
- The Agricultural Commissioner presented an agreement for the Department of Pesticide Regulation Air Monitoring Network. Results from 2017 monitoring in Santa Maria showed all 31 active ingredients were well below health concern thresholds, with a declining trend observed. No motion was explicitly recorded in this segment, but the item was discussed and the board acknowledged the positive results.
- Item A16: Budget Revisions
- The County Executive Office presented budget revision requests. Supervisor Adam raised a question regarding a specific revision (6584) related to a three-year update last done in 2016, asking why it was not budgeted previously. The CEO’s office indicated they would follow up. A motion was made and seconded to approve all budget revisions except for item 6584. The motion passed unanimously.
Public Comment
- One member of the public, Ed Kalaski, spoke regarding a planning dispute involving a second-story addition to his home. He alleged that previous planning decisions were based on inaccurate drawings and that the second story was not solely over the garage as stated in a 64-page report. He expressed frustration with the process and specific individuals involved. His time expired before he could finish.
Recess
- The board took a 10-minute break, reconvening at 10:30 AM.
Departmental Agenda Item 1: Patterson Avenue Holdings New Office Appeal
- Ex Parte Communications: Supervisors Adam, Hart, Hartman, Williams, and Lavagnino reported ex parte communications, primarily emails and phone calls, with parties involved in the appeal since the last hearing.
- Staff Presentation: Staff presented findings for denial, as directed by the board in June, along with alternative findings for approval. Staff noted that transportation demand management strategies had been considered.
- Documents into Record: Two letters received after the cutoff (from Cecilia Brown and Cindy Poore) were moved and seconded to be accepted into the record. The motion passed unanimously.
- Appellant Presentation: Paul Bradford presented arguments supporting the appeal and denial of the project. Key points included:
- The site is complex, with high-speed traffic from the 101 Northbound off-ramp and limited sight lines.
- The traffic study provided by the applicant was deemed inadequate (9 pages compared to 92 pages for a similar project nearby) and failed to address turning movement counts, queue lengths, and gap analysis.
- New data from the California Highway Patrol (CHP) indicated 8 collisions in the last 12 months and 16 since 2008 in the area, contradicting previous staff statements of only one collision.
- The proposed use (office/call center) generates higher occupancy loads (48–65 people) than the available parking (23 spaces), creating traffic and safety risks.
- Requested denial of the project and a county-directed thorough traffic study.
- County Staff Response: Gary Smart, Traffic Engineer, clarified that previous reports identified only one collision associated with the specific U-turn movement of the existing driveway. He noted that most collisions at the intersection involve right-turn-on-red movements toward the freeway, which are on Caltrans facilities. He stated that the applicant’s traffic study was conducted because the project generates 12 peak hour trips, below the 50-trip threshold that automatically triggers a full study. He argued that vehicles exiting the freeway off-ramp would be traveling at 15–20 mph, providing adequate reaction time, and that visibility from the proposed driveway to northbound Patterson is over 500 feet. He confirmed the project’s traffic generation is within the road system’s capacity.
- Applicant Presentation: Carlos Sarmiento of Patterson Avenue Holdings stated the project has been modified multiple times in response to community and board feedback. He disputed the appellant’s collision data, stating that CHP records showed only 1–2 incidents on the northbound Patterson lanes relevant to the project, with others occurring on the freeway off-ramp. He argued the project is one of the lowest-intensity uses allowed in the C2 zone. He contended that the proposed curb cut and landscape plan would improve sight lines and safety for the off-ramp and adjacent self-storage driveway. He requested approval of the project and denial of the appeal.
- Public Comment:
- Trudy Carey of Patterson Self Storage opposed the project, arguing that self-storage has lower traffic impact than an office building. She suggested mixed-use (housing/office) or a plant nursery as lower-traffic alternatives and requested denial without prejudice to allow the applicant to redesign with a one-story building and a full traffic study.
- Cindy Poirier, a neighbor, opposed the project, citing a specific accident witnessed on July 9th at the proposed driveway location. She stated that the traffic study lacked necessary information on turning movements and safety impacts.
- Will Robertson, County Transportation Planning Supervisor, corrected the record regarding alternative uses. He stated that a plant nursery generates significantly more average daily trips (50 per 1,000 sq ft) than the proposed office building (14 per 1,000 sq ft). He explained that the project generates 14 peak hour trips, which is below the county threshold (15 trips) for an intersection operating at Level of Service C or better, thus no full traffic study was required.
- Rebuttal:
- The appellant reiterated that the CHP data showed 9 collisions in the specific area between US 101 and Kyrie Lane in the last year. They emphasized the complexity of the intersection and the inadequacy of the 9-page traffic report.
- The applicant argued that the project improves sight lines and safety. They countered claims about self-storage traffic volume by noting observed traffic during a site visit and defended the need for building flexibility in the current economic climate.
- Board Discussion:
- Supervisor Hart expressed concern about the high speeds and short sight lines at the intersection. They stated that the project’s intensity and potential for future use changes pose safety risks. They moved to accept the appeal and deny the project, citing staff findings that the site circumstances require the project to be reconsidered.
- Supervisor Adam opposed the motion, stating that including all intersection accidents in the project’s impact analysis was an overreach and mischaracterization. They supported the project.
- Supervisor Williams expressed concern about safety but noted that the appellant met the burden of providing more accident data. They suggested that if the project is denied, the board should indicate what alternative uses (e.g., mixed-use) would be acceptable to prevent indefinite delays for the applicant. They voted to uphold the appeal.
- Chair Lavagnino noted that the property was rezoned during the Eastern Goleta Valley Community Plan process. They stated that the project meets zoning and community plan policies. They argued that the board should not dictate specific uses to developers and that the project generates low traffic. They voted against the motion.
- Motion and Vote:
- Motion: To accept the appeal and deny the project (Items A through D of the staff report).
- Seconded: Yes.
- Vote Outcome: Passed (3-2). The appeal was upheld, and the project was denied.
Agenda Item D2: Northern Branch Jail Project – AB 900 Phase 2 Financing
- Staff presented the facility sublease and authorization of county signatories for the AB 900 Phase 2 California State Public Works Board project financing documents. Background information indicated the county entered agreements with state agencies in 2013 to fund the Northern Branch Jail construction. The county was awarded $80 million; $76 million has been received, with $4 million held as retention until final completion. The jail is under construction in Santa Maria, with projected completion in December 2019. The current budget is approximately $110 million. The action required was approval of the facility sublease as to form and authorization of the Chair, County Executive Officer, or designee to sign documents for the state’s bond sale. The sublease requires the county to operate and maintain the facility for the life of the bonds (estimated 25 years). The state is responsible for bond payments. A motion was made and seconded to approve staff recommendations. The motion passed unanimously.
Agenda Item A16: Budget Revision Requests
- Staff presented budget revision requests. A specific item was noted as an oversight due to new staff and transition year issues. Supervisor Williams noted that Director Reynoso typically spends her birthday on suicide prevention events. A motion was made and seconded to approve the budget revision requests. The motion passed unanimously.
Agenda Item D4: All-Point Lane Bridge Replacement – Easement Acquisition
- Staff presented a request to continue the item to October 1, 2019. No public comment was requested. A motion was made and seconded to continue the item to October 1, 2019. The motion passed unanimously.
Closed Session
- The board entered closed session to consider: 1. Existing litigation concerning Southern California fire cases (coordinated proceedings in Los Angeles Superior Court). 2. Labor negotiations for all bargaining units, unrepresented employees, managers, and executives. 3. Labor negotiations for the Santa Barbara County Public Authority concerning in-home supportive services. Report from Closed Session: No reportable actions were taken.
Agenda Item D3: Grand Jury Report – Suicide in Custody
- Staff presented the draft board response to the Grand Jury report titled "Suicide in Custody." The report contained nine findings and recommendations. Only Finding 9 and Recommendation 9 were referred to the Board of Supervisors. Finding 9 stated that the jail is operating without National Commission for Correctional Health Care accreditation, contrary to contract requirements. Recommendation 9 stated that the Board should closely examine the medical provider contract and enforce obligations regarding accreditation. The proposed response indicated the Board agrees with Finding 9 and states that Recommendation 9 has been implemented. The Sheriff and medical provider representatives are scheduled to present a report on accreditation progress in one week. A motion was made and seconded to adopt staff recommendations. The motion passed unanimously.
Agenda Item D5: Strategic Energy Plan (SEP) Report
- County staff and consultant Optiny presented the findings of the Strategic Energy Plan (SEP), focusing on solar potential in urban and agricultural areas.
- Urban Solar: Estimated potential is 1,430 to 1,950 gigawatt-hours annually (enough to power 550,000 homes). Factors include load concerns, rooftop availability, shading, and structural integrity.
- Agricultural Solar: Estimated potential is 270 to 975 gigawatt-hours annually (enough to power 90,000 to 325,000 homes). Potential is higher in North County due to land availability. Williamson Act contracts were identified as a significant barrier.
- Site Analyses: Optiny analyzed county-owned sites (Northern Branch Jail, Santa Maria Mental Health Building, Fire Station 11) and 15 private sites. The combined annual generation for the 15 private sites is 123 gigawatt-hours.
- Barriers and Recommendations: Staff identified barriers in five areas: institutional, regulatory, utility/infrastructure, education, and financial. Staff recommended a phased approach:
- Phase 1: Develop a formal Energy Assurance Plan (EAP) for critical facilities; develop a utility-scale solar ordinance; and update Williamson Act uniform rules to allow solar as a compatible use or facilitate rescission of unproductive land.
- Phase 2: Update coastal zoning for wind energy; create standardized permitting criteria for residential solar/storage; create an education center; and investigate a community solar project.
- Phase 3: Create a loan loss reserve fund and provide financial incentives.
- Funding: Staff proposed using $650,000 from the Community Choice Energy (CCE) fund balance and $391,000 allocated in the current fiscal year for initial activities. Staff noted that Planning and Development currently has budget only for the utility-scale solar ordinance.
Discussion and Q&A
- Critical Facilities Definition: Staff defined critical facilities to include county-owned and other facilities such as schools, hospitals, and cooling centers.
- Funding Restrictions: The Budget Director and Auditor confirmed that the $650,000 appropriated for CCE was not restricted and is available for a majority vote, though the original purpose was for CCE.
- CCE and Revenue: Staff clarified that joining Monterey Bay Community Power (CCE) would provide funding for microgrid projects at critical facilities, potentially reducing the need for new revenue streams like sales tax increases.
- Agricultural Compatibility: Staff and consultants discussed the compatibility of solar with agriculture. Cattle were noted as incompatible with solar panels, while sheep and goats are compatible. Green leafy vegetables and pollinator flowers were cited as potentially viable under partial shade.
- Scale and Land Use: Consultant Jonathan Whalen estimated that 3 to 5 acres are needed per megawatt of solar, or roughly 60 to 100 homes per acre. Supervisor Lavagnino calculated that powering 150,000 homes would require approximately 1,500 acres.
- Utility-Scale Definition: Public commenters and staff discussed the current county definition of "utility-scale" solar, which excludes built environments (rooftops, parking lots). It was noted that this definition is unique to Santa Barbara County and hinders development on built environments. A simple definitional change was proposed to exclude built environments from the utility-scale category.
- Goleta Load Pocket: Public commenters highlighted the vulnerability of the Goleta Load Pocket to transmission outages and recommended aligning the EAP with a community microgrid initiative requiring 200 MW of solar and 400 MWh of storage.
- Permitting and Regulations: Commenters urged the Board to streamline permitting, pre-approve projects on built environments, and implement a feed-in tariff to facilitate local renewable energy development.
- Northern Branch Jail: Staff indicated that General Services is interested in solar at the jail, with rooftop and carport systems potentially offsetting 80% of energy use, and ground-mount systems potentially offsetting 100%.
Public Comment
- Eight speakers provided public comment: 1. Joe Armendariz (Santa Barbara County Taxpayers Association): Emphasized the importance of energy affordability and the role of fossil fuels in supporting renewable energy systems, citing Norway as an example. 2. Claire Wyman (Grower Shipper Association): Requested ongoing collaboration with the Agricultural Advisory Committee (AAC) and emphasized the importance of the Williamson Act and on-site generation for agricultural operations. 3. Robert Perry (World Business Academy): Recommended redefining utility-scale to exclude built environments, developing a granular solar siting survey, and leveraging schools for solar and education. 4. Colin Jones (League of Women Voters): Supported the SEP but expressed concern about losing local control by joining the Monterey Bay CCE and urged equitable solutions for grid integration. 5. April Price (Community Environmental Council): Urged the Board to adopt the SEP and pursue Phase 1 and 2 actions, emphasizing bold ordinance updates and stakeholder engagement. 6. Ben Schwartz (Clean Coalition): Highlighted permitting delays and costs, urging the Board to prioritize streamlined permitting, pre-approval for built environments, and removal of restrictions on net metering and community solar. 7. Gregory Young (Clean Coalition): Recommended implementing a feed-in tariff with market-responsive pricing and a dispatchability adder to attract storage and reduce costs. 8. Craig Lewis (Clean Coalition): Detailed the Goleta Load Pocket vulnerability and recommended aligning the EAP with the community microgrid initiative, urging the Board to be courageous in pursuing local renewable energy solutions.
Board Discussion
- Supervisor Lavagnino expressed concern about the scale of land required and the need for private property buy-in, particularly in North County. They encouraged the use of the AAC and suggested that the County should streamline regulations to facilitate solar development.
- Supervisor Hartman emphasized the importance of collaboration and the benefits of microgrid technology over generator-driven resiliency. They requested clarification on the utility-scale definition and the status of the coastal land use plan amendment.
- Supervisor Adam questioned the sophistication of the site selection process and the potential for solar on the Northern Branch Jail. They expressed skepticism about the feasibility of growing crops under solar panels but acknowledged the potential for grazing. They stated an intention to vote against the proposal due to concerns about the County's primary responsibilities and the scale of the project.
- Supervisor Williams asked about the market for power purchase agreements (PPAs) and the potential for community solar projects. They proposed directing General Services to work with the Sheriff’s Department and sustainability staff on a net-metered system for the jail and to explore a community solar project with Monterey Bay.
- Supervisor Hartman asked about the status of the Beteravia project and the potential for on-bill financing for public solar facilities.
Agenda Item: Solar Energy Projects and Jail Infrastructure (Items B1, B2, B3, and Recommendations A and C)
- Staff provided an update on the "BetterAvia" project, described as a nearly shovel-ready 0.8-megawatt solar system to be installed on ground-covered parking structures. The project includes a lithium iron battery energy storage system for backup and demand shaving, daylight harvesting solar tubes, LED lighting replacements with smartphone controls, and connections for up to 30 electric vehicle charging stations. Staff noted that the project’s total cost is $4.3 million, financed through a mix of on-bill financing (approved by PG&E), a 1% California Energy Commission loan (approved in August), and cash. Staff indicated that the project will proceed to the Debt Advisory Committee (DAC) for loan approval at the October 29 meeting, after which the board will be asked to approve the construction contract, with construction targeted for early November.
- During public comment, a board member suggested utilizing the Tahigas landfill site and courthouse lawn for additional solar installations. Another board member expressed support for a diversified energy strategy including solar, wind, geothermal, and petroleum.
- A motion was made to approve Items B1, B2, B3, and Recommendations A and C. The motion included a directive for Community Services and General Services staff to work with the Sheriff’s Department on a two-phase solar plan for the Northern Ranch Jail: 1. Phase One: Maximize net metering potential at the facility. 2. Phase Two: Maximize potential for community solar or a Power Purchase Agreement (PPA) at the small end of utility scale, whichever is more financially viable.
- The motion also included a definitional change to exclude built environment projects from the definition of "utility scale," which staff confirmed would not require environmental review. Staff noted that long-range planning items included in the recommendations would require future board action for cost estimates and workload integration.
- The motion was seconded. A roll call vote was taken. The motion passed (4 to 1).
Adjournment
- The board adjourned the meeting, with the next session scheduled for Tuesday, September 17, in Santa Maria.