Meeting Summary
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At a glance
CEO’s Report
- The CEO’s office announced the kickoff of Toys for Tots and holiday food drive campaigns, including donations from supervisors.
- The county received three CSAC awards for the Tejiguas project, the Behavioral Sciences Unit Co-Response Team, and the Shared Mobility Device Program.
- Public Works reported on post-fire cleanup in the San Antonio Watershed, including debris basin cleaning and stream clearing.
Honorary Resolutions (Items A1–A3)
- The board approved a resolution honoring the Santa Barbara Metropolitan Transit District for its 50th anniversary of service.
- A resolution supporting human rights in Hong Kong and endorsing the 2019 Human Rights and Democracy Act was adopted.
- The board adopted a resolution commending Raul Baez of the Assessor’s Office for his 40 years of service.
Administrative Agenda (Bulk Approval)
- The board approved the balance of the administrative agenda, excluding items pulled for individual discussion.
- Single audit reports for fiscal year 2019 were approved, noting improvements in Social Services audit results.
- The board approved a $467,300 allocation for Public Safety Power Shutoff resilience and a non-cash equipment donation from the Santa Barbara Firefighters Alliance.
- Lease agreements for behavioral wellness adult crisis residential services in the second and fifth districts were approved.
Resolution of Concern Regarding Climate Emergency (Item A30)
- The board discussed the accelerating warming trends in Santa Barbara and Ventura counties and their impact on wildfire risks.
- Public comment included support for urgent action based on scientific consensus and opposition arguing for technology-focused solutions over resolutions.
- The board adopted the resolution to focus attention on ongoing climate efforts and the need for increased renewable energy production.
District Attorney’s Office Recommendations (Item D1)
- The board approved a request to appoint recently retired Senior Deputy District Attorney Lee Carter as a contractor for a six-month transition period.
- The appointment aims to utilize Carter’s specialized expertise in asset forfeiture cases to assist with pending matters and train his replacement.
Public Health Ordinance on Tobacco Products (Item D3)
- Public Health presented a proposal to prohibit the sale of flavored tobacco products, small pack sizes, and mail-order delivery to address the youth vaping epidemic.
- The board received and filed the presentation, directed staff to monitor retailer inventory disposal practices, and continued the hearing to December 17.
- The motion included a first reading of an ordinance amending County Code Chapter 37A to restrict these tobacco products.
Emergency Ambulance Services RFP Work Plan (Item D2)
- Public Health presented a status update on the Request for Proposal process for emergency ambulance services in exclusive operating areas.
- Staff outlined a timeline targeting a new contract start date of January 1, 2023, including steps for consultant selection and regulatory reviews.
- The board received and filed the item, including all staff recommendations for the unbudgeted process.
General Package Ordinance Amendments (Item D4)
- Planning and Development presented amendments to land use codes and the Coastal Zoning Ordinance to comply with federal telecommunications laws.
- The board adopted the staff recommendation with an amendment to reinforce co-location requirements in design standards.
- The amendments include deleting expired sections and streamlining the permit process for small wireless facilities in residential zones.
Fiscal Year 2020-2021 Budget Development Policies (Item D5)
- The County Executive Office proposed four new budget policies, including moving fee-driven programs to Special Revenue Funds and establishing minimum investments for ADA compliance and IT.
- The board discussed funding strategies for deferred maintenance, aging technology, and insurance premiums, including potential increases to the strategic reserve.
- The board received and filed the item with direction to compile priority information for deferred maintenance and present updated figures at April workshops.
Closed Session
- The board approved an appeal of the portion of the Alcox v. City of Lompoc summary judgment ruling that did not grant qualified immunity to county defendants.
- No reportable actions were taken regarding the coordinated Southern California fire cases in Los Angeles County Superior Court.
Full summary
Roll Call and Pledge of Allegiance
- The meeting was called to order, and a roll call was taken confirming the presence of all supervisors. The board recited the Pledge of Allegiance.
Approval of Minutes
- A motion was made and seconded to approve the minutes for the meetings of November 19, November 26 (emergency and special), and December 3. The motion passed unanimously.
CEO’s Report
- Toys for Tots and Holiday Food Drive: The CEO’s office announced the kickoff of the Toys for Tots and holiday food drive campaigns. Tom Reed from the Unity Shop spoke regarding the organization’s history, recent temporary closure due to the Thomas Fire, and its reopening. Supervisors presented donations to the collection bin.
- CSAC Awards: Chris Lee from the California State Association of Counties (CSAC) presented three awards to the county:
- 1. A Merit Award for the Tejiguas project (regional waste management solution/anaerobic digester). 2. A Merit Award for the Behavioral Sciences Unit Co-Response Team (Sheriff’s Office mental health crisis response). 3. A Challenge Award for the Shared Mobility Device Program (regulation of electronic scooters and bikes).
- San Antonio Basin Update: Tom Fairam from Public Works provided an update on the San Antonio Watershed following the Cave Fire. He reported that the San Antonio debris basin was cleaned out to line and grade, stream clearing occurred in San Antonio Creek, and a debris rack was installed in Maria Ignacio Creek. He noted that staff would continue monitoring the basin for future rains.
Honorary Resolutions (Items A1–A3)
- A motion was made and seconded to approve Items A1 through A3. The motion passed unanimously.
- Item A1: 50th Anniversary of Santa Barbara Metropolitan Transit District (MTD)
- Discussion: A resolution was read honoring MTD for its 50th anniversary of public transit service. Dave Davis (MTD Board Chairman) and Jerry Estrada (General Manager) spoke regarding MTD’s history, ridership, and electric vehicle program.
- Public Comment: Tom Becker spoke regarding MTD’s switch to renewable diesel, alleging bid rigging in 2000 regarding electric bus components and citing a fatal accident involving a hybrid bus.
- Decision: The resolution was adopted as part of the bulk approval of A1–A3.
- Item A2: Support for Human Rights in Hong Kong
- Discussion: A resolution was read supporting the human rights of the people of Hong Kong and endorsing the Hong Kong Human Rights and Democracy Act of 2019. Charles Lam from the Hong Kong Forum spoke in support.
- Public Comment: Joe Armendariz (Santa Barbara County Taxpayers Association) and Andy Caldwell (CoLab) spoke in support of the resolution, citing universal ideals of freedom and criticizing perceived double standards regarding China.
- Board Comments: Supervisors Williams, Hartman, and Adam commented on the resolution, noting its symbolic nature, the bipartisan support in Congress, and the importance of standing with protesters.
- Decision: The resolution was adopted as part of the bulk approval of A1–A3.
- Item A3: Commendation of Raul Baez
- Discussion: A resolution was read honoring Raul Baez of the Assessor’s Office as the December 2019 Employee of the Month for his 40 years of service. Susan Morrison (Chief Deputy Assessor) and Raul Baez spoke.
- Decision: The resolution was adopted as part of the bulk approval of A1–A3.
Administrative Agenda (Bulk Approval)
- A motion was made and seconded to approve the balance of the administrative agenda, excluding Items A8, A15, A17, A19, and A30 which were pulled for individual discussion. The motion passed unanimously.
Item A8: Single Audit Reports (Fiscal Year 2019)
- Discussion: The item concerned recommendations regarding single audit reports for the fiscal year ended June 30, 2019. Supervisor Lavagnino highlighted the Social Services Department’s improvement in audit results, noting that the department has passed audits with no findings for the last three years, contrasting this with previous years where qualified opinions were common.
- Decision: The item was approved as part of the bulk approval of the administrative agenda.
Item A15: Public Safety Power Shutoff (PSPS) Resilience Allocation
- Discussion: The item concerned the allocation of $467,300 for PSPS resilience. Supervisor Hartman asked about the process. The CEO’s office and OEM Director Kelly Hubbard explained that the county must collaborate with cities in its operational area and will return for board approval of eligible projects before the budget or April workshops. Cities have a separate application process.
- Decision: The item was approved as part of the bulk approval of the administrative agenda.
Item A17: Fire Department Equipment Donation
- Discussion: The item concerned the acceptance of a non-cash donation greater than $10,000 from the Santa Barbara Firefighters Alliance. Susan Petrovich (President of the Alliance) detailed past donations including night vision goggles, drones, fire curtains, rescue dogs, and a mobile command unit. Supervisor Williams thanked the alliance.
- Decision: The item was approved as part of the bulk approval of the administrative agenda.
Item A19: Behavioral Wellness Lease Agreements
- Discussion: The item concerned lease agreements for behavioral wellness adult crisis residential mental health services in the second and fifth districts. Supervisor Williams noted this expands the continuum of care, adding approximately 27 beds in the last three years.
- Decision: The item was approved as part of the bulk approval of the administrative agenda.
Item A30: Resolution of Concern Regarding Climate Emergency
- Discussion: Supervisor Williams introduced a resolution regarding the climate emergency, citing research that Santa Barbara and Ventura counties are warming faster than the rest of the lower 48 states, increasing wildfire risks. Supervisor Hartman referenced a Washington Post article. Supervisor Adam expressed concern about "nihilism" and emphasized hope and technology. Supervisor Williams agreed that framing the issue around solutions is important.
- Public Comment: Numerous speakers addressed the board. Supporters, including representatives from the League of Women Voters, Community Environmental Council, Environmental Defense Center, Sierra Club, and Citizens Climate Lobby, cited scientific consensus, local climate impacts (sea-level rise, drought, heat), and the need for urgent action. Some speakers highlighted existing county initiatives like fleet electrification, while others raised concerns about proposed oil and gas expansions. Opponents or those advocating for different approaches, including Joe Armendariz and Andy Caldwell, argued that technology and innovation rather than resolutions would solve climate issues, or criticized the board for focusing on climate rather than fiscal issues.
- Board Comments: Supervisor Hartman stated that climate change is a matter of science and emphasized the county’s existing commitments. Supervisor Adams expressed support for concrete action but noted technical inaccuracies in referenced articles and stated he would abstain from voting because he views resolutions as lacking standard staff reports. Supervisor Williams stated the resolution serves to focus attention on ongoing efforts and emphasized the need for political will to increase renewable energy production.
- Decision: A motion was made to adopt the resolution and seconded. The motion passed.
General Public Comment
- Public comment was received from Ed Kolaski, who discussed a delay in a building permit decision regarding a second-story structure over a garage. Tom Becker spoke regarding the U.S. Environmental Protection Agency and NHTSA’s attempts to revise fuel economy standards and revoke California’s emission waiver, criticizing the State of California and Caltrans for refusing to consider alternatives to road widening.
Cleanup of Items A8, 15, 17, and 19
- A motion was made to clean up items A8, 15, 17, and 19 and seconded. The motion passed unanimously.
Item D1: District Attorney’s Office Recommendations
- Discussion: The District Attorney’s office presented a request for a retirement waiver for Lee Carter, a recently retired Senior Deputy District Attorney. The office cited a critical need for Carter’s specialized expertise in asset forfeiture cases. The request was to appoint Carter as a contractor on payroll for a six-month transition period, working up to 20 hours per week, to assist with pending cases and train his replacement.
- Decision: A motion was made to adopt the staff recommendations and seconded. The motion passed unanimously.
Item D3: Public Health Ordinance on Tobacco Products
- Presentation: Public Health staff presented a proposal to amend County Code Chapter 37A to prohibit the sale of flavored tobacco products (including menthol), small and inexpensive pack sizes, and mail-order delivery of tobacco products. The presentation included data on the youth vaping epidemic, noting that 31% of high school students and 12% of middle school students are current users of tobacco products. Staff highlighted predatory marketing strategies, the high nicotine content of e-cigarettes, and health risks such as lung injury and addiction. They noted that 80% of youth who use tobacco start with a flavored product. The proposal also included prohibiting coupons and discounted items and updating definitions to include electronic smoking devices. Staff recommended an effective date of 90 days from approval to allow for retailer education.
- Board Comments: Supervisor Hart expressed support for the ordinance, citing the predatory nature of the marketing. Supervisor Williams stated he was convinced by the evidence of a youth vaping epidemic. Supervisor Adams expressed concern that the ordinance was an overreach, particularly regarding traditionally legal products. Supervisor Hartman asked for clarification on the prohibition of delivery, which staff explained would restrict delivery to physical retail locations only.
- Public Comment: Numerous individuals and representatives of various organizations spoke. Opponents of the ban, including Andy Caldwell, Courtney Hamilton, Alex Cho, and Ben Pierce, argued that vaping can be a harm reduction tool, that a ban would drive users to the black market, and that regulation and education are preferable. Supporters, including Dr. Jeffrey Freed, Allison Adam, Sholay Jahangir, Rose Munoz, Wendy Sims-Moten, Jane Breckwald, Samantha Herrera, Diane Moore, Mary Conway, Dawn Dunn, Edwin Weaver, Lisa Gastron, Sharon Bufano, Paul Pasternak, Gabriela Macias, Angel Lopez, Daniela Elias, Juliana Ornelas, Vanessa Ramirez, Dr. Charles Fenzie, and Don Goldberg, cited data on nicotine addiction, lung injury, and the targeting of youth by tobacco companies.
- Board Discussion: The Board discussed the scope and implementation of the proposed ordinance. Supervisor Lavagnino questioned how minors are accessing products; staff responded that recent data indicates 74% of youth access occurs at physical retail locations. Staff confirmed that neighboring jurisdictions are implementing or considering similar bans. Supervisor Harris raised concerns about banning traditional tobacco products for adults over 21 and proposed a bifurcated motion. Staff explained that the full ban includes both flavored vaping products and traditional flavored tobacco because traditional tobacco is the leading cause of preventable death. Supervisor Adams supported the staff recommendation and urged retailers to return unsold inventory to manufacturers.
- Motion and Vote: Supervisor Hartmann moved to receive and file the presentation on the dangers of e-cigarettes, consider the first reading of an ordinance amending County Code Chapter 37A, and continue the hearing through December 17th. An amendment was added to direct staff to monitor implementation, specifically to determine if retail establishments are dumping remaining inventory at discount rates or returning it to manufacturers. The motion was seconded. The motion passed.
Closed Session (Existing Litigation)
- The Board entered a closed session to discuss two matters of existing litigation: Alcox v. City of Lompoc (US District Court) and the Southern California fire cases (coordinated in Los Angeles County Superior Court). Upon reconvening, the Chair reported that in the Alcox matter, the Board approved an appeal of the portion of the district court’s summary judgment ruling that did not grant qualified immunity to the county defendants. No reportable actions were taken regarding the Southern California fire cases.
Item D2: Emergency Ambulance Services RFP Work Plan
- Discussion: Public Health presented a status update on the Request for Proposal (RFP) process for emergency ambulance services in exclusive operating areas. Staff outlined a timeline targeting a new contract start date of January 1, 2023, including a three-month buffer. Key steps include finalizing rules of engagement with the County Council, forming a work group, selecting an RFP consultant, developing RFP requirements, and obtaining reviews from the California EMS Authority and the Board of Supervisors. Staff noted that funding for this unbudgeted process is being identified in coordination with the CEO’s office and other departments.
- Decision: Supervisor Williams moved to receive and file the item, including all staff recommendations. The motion was seconded. The vote passed unanimously.
Item D4: General Package Ordinance Amendments (Telecommunications, Coastal Zone, etc.)
- Discussion: Planning and Development presented proposed amendments to the County Land Use and Development Code (CLUDC), the Montecito Land Use and Development Code (MLUDC), and the Coastal Zoning Ordinance Article 2. Key amendments include deleting uncertified coastal zone regulations, deleting expired or repealed sections, adding provisions for recordable documents, and revising commercial telecommunications facility regulations to comply with federal laws (Spectrum Act of 2012 and FCC Order 18-133). This includes streamlining the permit process for "small wireless facilities" in residential zones. Staff recommended adopting the County Planning Commission’s recommendations for the CLUDC and Article 2, and the Montecito Planning Commission’s recommendations for the MLUDC, but without the Montecito Commission’s proposed revisions regarding co-location incentives and least intrusive means findings, citing conflicts with federal law.
- Decision: Supervisor Williams moved to adopt the staff recommendation with an amendment to reinforce the co-location requirement in the design standards. The motion was seconded. The vote passed unanimously.
Item D5: Fiscal Year 2020-2021 Budget Development Policies
- Discussion: The County Executive Office presented budget development policies for the upcoming fiscal year. Four new policies were recommended:
- 1. Policy 1E: Move specific self-funded, fee-driven programs out of the General Fund into Special Revenue Funds to improve transparency and full cost recovery. 2. Policy 3G: Eliminate direct charging by central service departments to Special Revenue Funds where feasible, incorporating these costs into the County Allocation Plan (CAP) for consistency. 3. Policy 7C: Establish a minimum $500,000 annual investment for ADA compliance on county-owned facilities. 4. Policy 7D: Establish a minimum $2 million annual investment in the Technology Replacement and Investment Fund for critical countywide IT projects.
- Staff also discussed funding strategies for identified fiscal issues, including deferred maintenance, aging technology, and insurance premiums. Options discussed included increasing the strategic reserve from 8% to 10% temporarily, using one-time monies for capital projects, and exploring funding for early childhood education enhancements, cannabis enforcement, and bilingual outreach.
- Supervisors discussed the scale of deferred maintenance needs relative to current funding levels, the necessity of prioritizing IT investments through the Executive IT Council, and the potential use of settlement funds for road repairs. Supervisor Hart suggested adding the Assisted Outpatient Treatment Program to the list of potential uses for additional funding.
- Members discussed the implications of issuing debt, noting that rating agencies review adherence to internal policies, specifically the 8% reserve requirement. The discussion highlighted the need for a financial buffer in the event of an economic downturn. Input was provided regarding priorities for deferred maintenance, with a consensus expressed that necessary maintenance spending should be addressed. Staff indicated they would compile the provided priority information and present updated figures at the April workshops.
- Decision: A motion was made to receive and file the item, providing direction. The motion was seconded. The motion passed.
Adjournment
- The meeting was adjourned. The next meeting is scheduled for December 17th in Santa Maria.