Board of Supervisors — 2020-05-12May 12, 2020

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BodyBoard of Supervisors
MeetingRegular Meeting
Date📅 May 12, 2020

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Meeting Summary

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At a glance

CEO Report and Announcements

  • The CEO reported no specific updates for this session.
  • The Clerk notified the board of an agenda addendum including a second reading on EMS agency fees.
  • The addendum also amended the COVID-19 update item to include a letter to the Governor regarding prison case exclusions.

Approval of Administrative Agenda

  • Supervisor Williams requested to pull the Mental Health Month resolution to allow for a presentation on coronavirus impacts.
  • The board approved the administrative agenda with the specified item deferred for later discussion.

Departmental Item No. 1: COVID-19 Update

  • Public Health officials presented data showing the county does not currently meet state criteria for loosening restrictions due to new cases and deaths.
  • Staff reported that Lompoc prison cases account for 88% of new cases, significantly impacting local metrics and positivity rates.
  • The board discussed the state’s "no deaths in 14 days" metric, with staff noting it is being protested to the state as misaligned with healthcare capacity.
  • Hospital administrators provided data on available acute care beds, surge capacity, and ventilator availability to address board concerns about resource utilization.

Behavioral Health Impacts

  • The department reported a 50% decrease in substance abuse treatment calls and a 30% drop in outpatient service minutes due to the shift to telehealth.
  • Staff noted an increase in suicide deaths and referrals from child welfare screenings during the pandemic.
  • The board discussed the need to ensure contract agencies maintain service accessibility despite the shift to remote care and potential data gaps.

Reopening and Safe Environment (RISE) Guide Update

  • Staff outlined the development of a local guide supplementing the state’s resilience roadmap for sectors unique to Santa Barbara.
  • The project incorporates expert panel recommendations and aims to present a formal framework to the board by May 19.
  • The final document will be published online as a "living document" to allow for ongoing public and business feedback.

Board Discussion and Staff Response

  • County Counsel explained that unilateral reopening actions could threaten the county’s eligibility for state disaster funding.
  • The board discussed the legal basis for the local eviction moratorium, noting it relies on a state executive order expiring in late May.
  • Staff confirmed the ability to draft an urgency ordinance to delegate temporary parking restriction authority to the Road Commissioner.

Temporary Road Restrictions and Parking Ordinances

  • The board directed staff to prepare a narrowly drawn urgency ordinance for temporary parking restrictions in unincorporated areas.
  • The measure aims to address overcrowding and sanitation issues at beaches and trailheads by allowing the Road Commissioner to post no-parking signs.
  • The board unanimously approved the motion to pursue this temporary regulatory tool.

Full summary

Meeting Call to Order and Roll Call

  • The May 12, 2020, meeting of the Santa Barbara County Board of Supervisors was called to order. The Clerk of the Board called the roll, confirming the presence of all five supervisors. The board recited the Pledge of Allegiance.

Approval of Minutes

  • Item: Approval of the minutes from the May 15, 2020, meeting.
  • Discussion: No discussion was requested.
  • Motion: A motion to approve the minutes was made and seconded.
  • Vote Outcome: The motion passed unanimously.

CEO Report and Announcements

  • CEO Report: CEO Miyasato reported there was no CEO report for this session.
  • Announcements: The Clerk of the Board provided reminders regarding public participation methods and notified the board of an agenda addendum posted on May 8, 2020. The addendum included:
  • Administrative Item 16: Added from Public Health to consider recommendations regarding an ordinance increasing Emergency Medical Services (EMS) agency fees for EMT certification, recertification, and paramedic accreditation (Second Reading).
  • Departmental Item 1: Amended to include Recommendation B from the County Executive Office: A hearing to consider recommendations regarding a COVID-19 update, specifically to send a letter to Governor Gavin Newsom and the California Department of Public Health (CDPH) regarding variance readiness criteria and requesting the exclusion of cases from the federal prison complex in Lompoc.

Approval of Administrative Agenda

  • Item: Approval of the administrative agenda.
  • Discussion: Supervisor Williams requested to pull Administrative Item 1 (Honorary Resolution for Mental Health Month) to allow for a presentation by Director Gleghorn regarding the mental health impacts of the coronavirus. No other items were pulled.
  • Motion: A motion to approve the administrative agenda (with Item 1 pulled for later discussion) was made and seconded.
  • Vote Outcome: The motion passed unanimously.

General Public Comment

  • Four members of the public spoke or submitted letters: 1. Leslie Weinstock (Letter): Urged the board to create an immediate moratorium on all wireless installations and create a protective ordinance, citing health risks associated with 4G/5G radiation and suggesting fiber optic infrastructure as an alternative. 2. Katie Mickey (Phone): Requested a moratorium on wireless infrastructure installations, arguing that local governments retain authority to regulate placement under the Telecommunications Act and that local regulation is necessary because the FCC does not enforce testing limits. 3. Miriam Lindebach (Phone): Stated she is electromagnetically sensitive and urged the board to investigate objections to the 5G rollout, asserting that local authorities have the duty to verify their legal authority to regulate wireless facilities. 4. Renee O’Neill (Phone): Expressed support for the 5G concerns raised by previous speakers. Additionally, reported significant cannabis-related vehicle traffic on Tepeskay Road, documenting 500 vehicle trips in five weeks. She requested that the county communicate concerns to state authorities (CalCannabis) to deny provisional license extensions and take action against cannabis trafficking.

Departmental Item No. 1: COVID-19 Update

  • Item: Hearing to consider recommendations regarding a coronavirus disease 2019 (COVID-19) update.
  • Presentations and Discussion:
  • CEO Miyasato: Outlined the agenda, noting that the Governor and State Department of Public Health control reopening decisions. The county currently does not meet the state criteria for loosening restrictions. The agenda includes a request to send a letter to the Governor seeking discretion to exclude Lompoc prison cases from attestation numbers.
  • Sheriff Brown: Discussed law enforcement’s approach to enforcing stay-at-home orders, emphasizing education and voluntary compliance over arrest. He noted high community compliance. In response to a question from Supervisor Williams regarding temporary parking restrictions to manage crowding at beaches and trailheads, the Sheriff suggested the county consider an ordinance granting the Sheriff’s Office authority to temporarily post no-parking signs, similar to practices in some municipalities. Supervisor Williams and Supervisor Hartman discussed the objective of reducing all-day camping and crowding. The Chair indicated the board would hold these thoughts for deliberation at the end of the presentations.
  • District Attorney Dudley: Stated the DA’s office prioritizes in-home crimes such as domestic violence, spousal rape, and child/elder abuse. She noted an initial 21% increase in domestic violence calls, followed by a decrease in reports, likely due to victims being isolated with perpetrators. She highlighted the availability of a 24/7 bilingual victim-witness hotline.
  • Dr. Henning-Anzorg (Public Health Officer): Presented data comparing influenza and COVID-19.
  • Data Comparison: Explained that influenza data are largely surveillance-based and not lab-confirmed, making direct comparison difficult. Local records showed 7 influenza-related deaths in the last few months versus 11 COVID-19 deaths in one month.
  • Recovery and Mortality: Noted a high local recovery rate for COVID-19. Stated the average age of death for influenza was 89, compared to the mid-60s for COVID-19.
  • Virus Characteristics: Cited a reproduction number (R-naught) of 2 to 2.5 for COVID-19 versus 1.2 to 1.4 for influenza. Noted a U.S. fatality rate of 5.7% for COVID-19 versus 0.01% to 0.1% for influenza.
  • Vaccines/Treatments: Confirmed no vaccine or proven medication exists for COVID-19, whereas vaccines and antivirals exist for influenza.
  • Q&A: Supervisor Adam questioned the low number of influenza deaths since March 18, given the testing positivity rate. Dr. Anzorg stated that hospitalized COVID patients are tested for influenza and no dual diagnoses were found, attributing the low numbers to an unusually mild influenza season. Supervisor Hartman asked about the long-term strategy (e.g., "slow burn" vs. herd immunity). Dr. Anzorg explained that achieving herd immunity through natural infection is not feasible due to the high fatality rate and contagiousness, and that the strategy involves careful titration of restrictions to keep hospitalizations manageable until a vaccine is available. He noted the Lompoc prison outbreak (70% positive rate among tested) as a relevant local scenario.
  • Reopening Metrics and Economic Impact: Supervisor Hartmann inquired about the duration of immunity and the necessity of ongoing protective measures until a vaccine or therapeutic is available. The Clerk of the Board noted that while the curve has flattened, the objective for the next phase has not been clearly articulated to the public, leading to confusion regarding changing "goalposts." The Clerk emphasized the need to balance public health measures with the economic impact, noting that prolonged restrictions contribute to poverty, which has documented negative effects on lifespan and public health.
  • Hospital Capacity and Bed Availability: Supervisor Adams asked for specific data on available COVID-19 treatment beds. Dr. Ansler provided data for Cottage Health, stating there were 208 acute care beds available, a surge capacity of 270 additional beds, 12 patients on ventilators (with 63 ventilators available), 211 total patients across campuses, and 15 patients in isolation or ICU for COVID-19. Supervisor Adams noted that this data was not included in the initial presentation.
  • State Resilience Roadmap and Local Variance Criteria: Dr. DeRanoso presented the state’s four-stage reopening roadmap. The state is currently in the initial portion of Stage 2, allowing lower-risk workplaces (e.g., curbside retail) to open. To advance to later stages of Stage 2 or Stage 3, counties must meet specific local variance criteria, including:
  • Epidemiologic Stability: No more than one case per 10,000 residents for 14 days (approx. 45 new cases for Santa Barbara County) and no COVID-19 deaths in the last 14 days.
  • Protection of Essential Workers: Clear guidance and availability of PPE.
  • Testing Capacity: Minimum daily testing of 1.5 per 1,000 residents.
  • Containment Capacity: At least 15 contact tracers per 100,000 residents and housing plans for 15% of the homeless population.
  • Hospital Capacity: Ability to accommodate a 35% surge.
  • Vulnerable Populations: Skilled nursing facilities must have a 14-day PPE supply.
  • Dr. DeRanoso reported that the county is meeting testing, essential worker protection, and hospital capacity criteria. However, the county is not meeting the epidemiologic stability criteria due to new cases and deaths. She noted that the county has hired 12 nurses for contact tracing and has 240 community applications pending.
  • Testing Data and Prison Impact: Dr. DeRanoso presented data showing 1,362 total cases, with 877 active (64%) and 35% recovered. She highlighted that mass testing at Lompoc Prison significantly impacted total case numbers, with prison cases accounting for 88% of new cases. The county’s test positivity rate is elevated due to the high positivity rate within the prison population. Community testing has collected over 1,600 specimens, with 191 results received and four positive cases in the county. Results turnaround time is currently 5–7 days.
  • Q&A: Testing Turnaround and Metrics: Supervisor Lavagnino questioned the impact of the 5–7 day testing turnaround on contact tracing efficiency. Dr. DeRanoso stated that the county is advocating for faster results and alternative labs. Supervisor Lavagnino asked why the "no deaths in 14 days" metric is used, given that hospitalizations and ICU usage are stable. Dr. DeRanoso agreed that the metric does not align with her professional opinion and stated she has sent a letter to the California Department of Public Health (CDPH) protesting the criteria, arguing that metrics should focus on safeguarding the healthcare system and vulnerable populations. She reported that CDPH responded politely but declined to change the criteria at this time, noting that other counties share similar frustrations.
  • Q&A: Asymptomatic Cases and Herd Immunity: Supervisor Adams asked about the impact of asymptomatic carriers on the testing stream and the validity of contact tracing given that testing is voluntary and point-in-time. Dr. DeRanoso acknowledged that asymptomatic individuals can be infectious and that the county is planning community surveillance to better understand the reservoir of infection. Supervisor Adams noted that hospital bed utilization is low (37 beds occupied out of 699 total, including surge), suggesting resources are underutilized. Dr. DeRanoso stated that low utilization is positive for the healthcare system’s ability to resume elective procedures.
  • Q&A: Advocacy for Metric Changes: Supervisor Hartmann described the epidemiologic criteria as a perverse incentive against testing and noted that the "no deaths" metric is not relative to population size. She suggested that a coalition of counties could exert more pressure on the state. Dr. DeRanoso confirmed that other counties are considering similar protests. The Clerk of the Board advised using all available avenues, including the County Services and Assessment Commission (CSAC) and the CEO association, to advocate for local discretion. The Clerk noted that a conference call with state administration revealed uniform dismay among county representatives regarding the criteria.
  • Q&A: Face Coverings: Supervisor Williams asked for the latest data on the efficacy of face coverings. Dr. DeRanoso stated that while studies have limitations, the county recommends face coverings as a courtesy to protect others, particularly in settings where social distancing is not possible, aligning with CDC and CDPH guidelines.

Behavioral Health Impacts

  • Workforce and Service Delivery: Dr. Gleghorn presented an overview of the behavioral health department’s response to the emergency. Approximately 44% of the workforce is working remotely via telehealth, one-third are on-site, and 11% are on leave. The department has pivoted to phone and video services.
  • Trends in Demand and Services:
  • Substance Abuse: There has been a 50% decrease in calls requesting screening and referrals for substance abuse treatment. Calls for information only have increased.
  • Mental Health: There has been a recent increase in information-only requests for mental health services. There has been an increase in referrals from child welfare screenings and a recent increase in deaths by suicide.
  • Service Volume: Outpatient service minutes have dropped by approximately 30% compared to pre-pandemic levels, which is higher than the drop seen during holiday closures, attributed to the use of telehealth.
  • Q&A: Contract Compliance and Service Gaps: The Clerk of the Board raised concerns about the fiduciary responsibility to ensure contract agencies are fulfilling their obligations given the drop in service minutes. Dr. Gleghorn explained that the drop is due to various factors, including the shift to telehealth, which is less effective for some populations (e.g., those with co-occurring disorders or limited technology access). The Clerk expressed concern that the decrease in reported substance abuse service requests may not reflect actual usage, noting that increased isolation may lead to higher substance use, and urged the department to ensure services are accessible to prevent harm.
  • Mental Health and Substance Abuse Services Update: Dr. Gleghorn presented data on outpatient mental health and substance abuse services. The presentation noted that outpatient crisis services for children, delivered by community-based organizations, have shown variability consistent with historical patterns during holidays and other emergencies, such as the debris flow and fires. General outpatient substance abuse providers have transitioned to telehealth, with some maintaining limited face-to-face services. Drug Medi-Cal billing levels have remained consistent, indicating no drop in services, though staff noted challenges in maintaining engagement with clients with co-occurring disorders. The Opiate Treatment Program (Aegis) has seen stable enrollment of approximately 750 people, with about half of clients receiving take-home doses and the other half presenting to clinics. Counseling minutes per week decreased from approximately 7,000 to 13,000 between late February and mid-April. Residential treatment admissions increased from 33 in February to 48 in April, attributed to the reopening of congregate living beds and clients entering through diversion processes from jail. The department confirmed that all crisis services, including the psychiatric health facility, crisis stabilization unit, co-response, and sobering center, remain fully staffed and open. The 24-7 access line remains open for referrals. The department directed the public to the county website for COVID-19 resources and a "Help at Hand" guide containing well-being apps.

Reopening and Safe Environment (RISE) Guide Update

  • Item: Update on the Reopening and Safe Environment (RISE) Guide project.
  • Discussion: Nancy Anderson provided an update on the RISE Guide project, initiated approximately two and a half weeks prior. The project involves an informal roundtable discussion and an expert panel. Anderson stated that the guide is being developed as a supplement to the state’s resilience roadmap, incorporating state industry guidelines and local best practices for sectors unique to Santa Barbara, such as farm workers and immigrant communities. The expert panel has made significant progress, and the goal is to present the framework guidance to the Board formally on May 19. Anderson confirmed that recommendations from the City of Santa Barbara’s task force are being incorporated into the process. The final document will be published on the ReadySBC.org website with a feedback option, allowing for public and business input as a "living document" that will be updated in response to changing state guidance.

Public Comment: Coronavirus Update

  • Fourteen members of the public provided comments regarding the coronavirus response, economic reopening, and local public health issues.
  • State Emergency Powers and Reopening Criteria: Several speakers urged the Board to pressure state legislators to rescind local orders or modify the state’s reopening criteria. One speaker argued that the state of emergency no longer has legal justification and that federal prison cases should not count against the county’s metrics. Another speaker requested that the Board allow businesses to fully operate by June 1, citing the arbitrary and burdensome nature of state guidelines. A representative from SEMA Corporation similarly requested the elimination of uncertainty and the adoption of a common-sense plan to open the local economy by June 1, warning of economic and health collapse due to delays.
  • Data Reporting: One speaker requested that the daily status report include recovered cases broken out by geographic area, noting that current reports only provide aggregate recovery numbers.
  • Housing and Evictions: Multiple speakers addressed the temporary eviction moratorium and housing insecurity. Speakers demanded a one-year period to pay back rent-related debt after the moratorium expires, citing unemployment. One speaker requested the adoption of specific language into Ordinance 5099, including automatic 12-month lease extensions, no-fault eviction protections, landlord access restrictions, rent increase freezes, private rights of action for violations, and an extension of the moratorium to August 31, 2020. Another speaker demanded that sit-and-lie ordinances be kept temporary and that efforts shift toward expanding housing allocation rather than enforcement.
  • Beach and Trail Conditions in Montecito: Several residents from the Montecito area reported significant issues at Miramar, Hammonds, and Butterfly beaches, as well as nearby trails. Complaints included overcrowding, lack of social distancing, use of residential streets and trails as restrooms, accumulation of trash, and fire hazards from unauthorized fire rings. Speakers requested temporary signage, emergency parking restrictions, and enforcement of regulations similar to those in Ventura County to prevent loitering and camping. One speaker noted that license plates indicated many visitors were from out-of-county.
  • Medical Questions: A retired nurse asked about the effectiveness of antibody treatment in hospitals, the supply of antibodies, and the need for securing blood supply for gamma globulin.
  • Homelessness: One speaker reported that their organization is documenting homeless camps from Summerland to Goleta and advocated for the creation of a large shelter facility similar to those in San Francisco and Los Angeles.
  • Cannabis Waste and Safety: A resident of Tepescay Canyon reported concerns about cannabis farms transporting human waste in portable units without proper disposal and the occurrence of illicit activity, including gunfire, in the area.
  • Support for Current Measures: One speaker expressed support for Governor Newsom’s decisions and the county’s oversight, stating that the state is not facing the same level of crisis as New York.

Board Discussion and Staff Response

  • Following public comment, the Board discussed the implications of the comments and potential actions.
  • Eviction Moratorium: Supervisor Williams asked if the local eviction moratorium needed renewal given the statewide order. County Counsel, Mr. Ghazani, explained that the local action was based on Governor’s Executive Order N-28-20, which expires on May 31 unless extended by the Governor. The County is monitoring the Governor’s office for potential extensions.
  • Parking Restrictions: Supervisor Williams requested the ability to implement temporary parking restrictions in unincorporated areas, similar to other jurisdictions, to address overcrowding and sanitation issues at beaches like Miramar and Butterfly. Mr. Ghazani stated that if the Board directed County Counsel, they could prepare an urgency ordinance under the California Emergency Services Act to delegate authority to the Road Commissioner to post temporary no-parking restrictions and time limits. These restrictions would be enforceable by the Sheriff’s Office.
  • Risks of Unilateral Reopening: Supervisor Lavagnino asked about the risks of the County acting independently to reopen, similar to Sutter County. Mr. Ghazani noted that the Governor’s Office of Emergency Services had informed Sutter County that their actions were inconsistent with state orders and could threaten the county’s eligibility for disaster funding. He explained that the Governor’s executive orders have the force of law and that the state public health officer monitors local actions for consistency. Supervisor Lavagnino emphasized that emergency funding is critical for reopening and that state-licensed businesses would also face risks if they operated in violation of state orders.
  • Antibody Testing: Supervisor Hartman asked for information regarding the supply and effectiveness of antibody treatment. Dr. Limbeck stated she would research the questions with Cottage Hospital and local partners and provide a response at the next meeting.
  • Scope of Parking Restrictions: Supervisor Hartman inquired if the parking restriction issue was limited to Miramar and Butterfly beaches. Supervisor Williams clarified that while other beaches have public facilities, the lack of controlled parking ordinances in unincorporated areas creates issues when businesses are closed. Supervisor Hartman expressed support for a narrowly drawn tool to address localized problems on private streets while encouraging public use of beaches for health reasons.

Temporary Road Restrictions and Parking Ordinances

  • Discussion: Staff proposed drafting a temporary no-parking restriction ordinance to be delegated to the Road Commissioner. The proposal included urging the Road Commissioner to use the authority narrowly and to report back to the Board periodically on its usage. Staff noted that the Board’s authority under Section 8634 is broad and that restrictions would be limited in time and location. It was clarified that the motion referred to temporary parking restrictions rather than full road closures.
  • Motion: Supervisor Williams moved to approve items A, B, C, and D, with item C specifically requesting that the County Council return with an urgency temporary road closure or temporary road restrictions ordinance to the Board as soon as possible.
  • Second: The motion was seconded with the specification that the ordinance be narrowly drawn.
  • Decision: The motion passed unanimously.

Adjournment

  • The meeting was adjourned until Tuesday, May 19, 2020.