Board of Supervisors — 2020-09-15September 15, 2020

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BodyBoard of Supervisors
MeetingRegular Meeting
Date📅 September 15, 2020

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Meeting Summary

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At a glance

Memorial for Deceased Employees

  • The Board observed a moment of silence to honor three deceased longtime employees of the psychiatric health facility.
  • Dr. Alice Gleghorn described the roles and contributions of Mark Lawler, Teresita Bolasay, and Ingrid Seifert.

CEO Report

  • The Independent Redistricting Commission process is underway, with 45 qualified applicants posted for the random selection of five commissioners.
  • The Census 2020 deadline was extended to September 30, with an estimated 25–30% of households remaining uncounted.
  • All registered voters will receive mail ballots, and 35 secure drop boxes and approximately 35 in-person locations will be available for the November 3 election.

Honorary Resolution for Dean Pellius

  • The Board honored Dean Pellius for his 25 years of service to the Santa Ynez Valley People Helping People Human Services Organization.
  • Supervisor Hartman read remarks praising Pellius’s dedication, fundraising creativity, and impact on local programs.

Mental Health Student Services Act Grant Award

  • The Board reviewed a $4 million grant to fund mental health navigators in school districts to support vulnerable students.
  • The grant is a partnership between the Mental Health Services Oversight and Accountability Commission and the County Office of Education.

Additional Staff Positions Related to COVID-19 and Cannabis

  • The Board considered recommendations for additional staff positions related to pandemic response and cannabis regulation.
  • Public comment raised concerns about the adequacy of planning, development, and enforcement staff for cannabis oversight.

Agreement for Cannabis Retail Storefront Application Review Services

  • The Board reviewed an agreement with Hinder Leader, DeLamas & Associates for cannabis retail storefront application review services.
  • Public comment expressed hope for objective review and urged the Board to prioritize responsible regulations to avoid litigation.

COVID-19 Update

  • Santa Barbara County was assigned to Tier 1 (Purple/Widespread), with 8,718 total cases and a 1.2% death rate as of the previous day.
  • Sector operations are restricted, allowing indoor work for retail at 25% capacity and outdoor-only operations for gyms and restaurants.
  • Sixteen schools have approved waivers, and testing sites are available with turnaround times improved to 1–3 days.
  • Drive-up flu clinics will be held October 6–15 in Lompoc, Santa Barbara, and Santa Maria.

RISE Business Activity Update

  • 4,109 businesses have submitted applications to reopen, with top categories including dine-in restaurants and retail.
  • The Small Business Grant program closed with 35 participants, and the Rental Assistance Program has approved 111 of 220 applications.
  • The Disaster Assistance Program launched recently with a capacity for 200 households.

Public Health Update (Continuation)

  • Staff presented updates on health equity initiatives, including the Latinx and Indigenous Immigrant COVID-19 Response Task Force.
  • Case rates have trended down since July 11 but are currently plateauing just above the red threshold.
  • The Board received and filed the item unanimously.

Public Works, Board of Directors Flood Control and Water Conservation District

  • Staff proposed fee ordinance amendments to achieve full cost recovery for the Flood Control District and Project Clean Water.
  • The proposed changes would increase annual revenues by approximately $8,000 for Flood Control and $19,000 for Project Clean Water.
  • The Board adopted the staff recommendation unanimously.

Resolution in Support of Proposition 15

  • The Board debated Proposition 15, which would tax commercial and industrial properties based on fair market value to fund schools and local services.
  • Supporters cited the need for education funding and equitable tax burdens, while opponents raised concerns about small business impacts and economic disruption.
  • The Board voted 3-2 to support Proposition 15 as written in the resolution.

CEQA Guidelines and Environmental Thresholds Manual Amendments

  • Staff presented amendments to CEQA guidelines, including reducing public hearings for ETM revisions from two to one.
  • The amendments clarify "quality of life" impacts and revise noise thresholds to remove subjectivity.
  • The Board adopted the changes unanimously.

CEQA Transportation Impact Thresholds (SB 743)

  • Staff proposed amendments to implement SB 743, shifting the transportation impact metric from Level of Service to Vehicle Miles Traveled.
  • The new thresholds require a 15% reduction below the county average for residential and employment projects.
  • The Board adopted the recommendation 4-0 with one abstention.

Closed Session

  • The Board considered three existing litigation cases, one matter regarding the decision to initiate litigation, and a conference with labor negotiators.
  • County Counsel reported that there were no reportable actions from the closed session.

Full summary

Meeting Opening and Roll Call

  • The September 15, 2020, meeting of the Santa Barbara County Board of Supervisors was called to order. The Clerk called the roll, and all five members were present. The Board observed the Pledge of Allegiance.

Memorial for Deceased Employees

  • Dr. Alice Gleghorn, from the Department of Behavioral Wellness, addressed the Board regarding the recent passing of three longtime employees of the psychiatric health facility: Mark Lawler, Teresita Bolasay, and Ingrid Seifert. Dr. Gleghorn described their roles and contributions to the department. The Board observed a moment of silence to honor the deceased employees and support their families and colleagues.

Approval of Minutes

  • The Board considered the approval of the minutes from the September 1, 2020, meeting. A motion was made and seconded to approve the minutes. The motion passed unanimously.

CEO Report

  • CEO Miyasato provided a report covering three main topics: 1. Independent Redistricting Commission: Nearly 200 residents applied to serve as commissioners. Elections official Joe Holland selected the 45 most qualified applicants based on ordinance criteria. These 45 applicants are posted on the county website. Five commissioners will be randomly drawn at the October 20 board meeting. These five will then select finalists for the remaining appointments, which will occur during a public hearing prior to December 31. 2. Census 2020: The deadline for the census was extended to September 30 due to the pandemic. It is estimated that 25–30% of households remain uncounted. The CEO emphasized the importance of a complete count to avoid potential loss of federal funding for critical services. Responses are confidential and do not ask about citizenship or immigration status. 3. November 3 Election: All registered California voters will automatically receive a ballot in the mail around early October. The County Elections Department is placing 35 secure ballot drop boxes across the county, available 24 hours a day from October 5 until 8 p.m. on Election Day. Approximately 35 in-person voting locations will be open from October 31 through Election Day, requiring facial coverings and social distancing.

Administrative Agenda

  • The Board reviewed the administrative agenda. Supervisor Hartman requested that Item A-5 be pulled from the administrative agenda for separate discussion. The Board then addressed the remaining items.
  • Item A-1: Honorary Resolution for Dean Pellius
  • Supervisor Hartman sponsored an honorary resolution to honor Dean Pellius upon his retirement from the Santa Ynez Valley People Helping People Human Services Organization after 25 years of service. Supervisor Hartman read remarks from Francesca Escobar, President of the Board of People Helping People, praising Pellius’s dedication and impact. Dean Pellius joined the call to express his gratitude for the recognition on behalf of himself, the organization, its employees, directors, and volunteers. Supervisor Hartman added further remarks highlighting Pellius’s creativity in fundraising and program development in the Santa Ynez Valley, Lompoc, and Los Alamos. The Board thanked Pellius for his service.
  • Item A-5: Mental Health Student Services Act Grant Award
  • This item, from Behavioral Wellness, required a four-fifths vote. Supervisor Hartman requested it be pulled from the administrative agenda to ensure it received adequate attention. Dr. Gleghorn explained that this is a $4 million grant from the Mental Health Services Oversight and Accountability Commission, in partnership with the County Office of Education. The grant will fund mental health navigators in school districts to identify vulnerable students who may benefit from additional assistance, particularly during the virtual learning environment. Supervisor Williams expressed appreciation for the department’s work in supporting school children’s mental health.
  • Item A-11: Additional Staff Positions Related to COVID-19 and Cannabis
  • This item from the County Executive Office concerned recommendations regarding additional staff positions. Renee O’Neill spoke in public comment, thanking staff for their service but expressing concern that the county has not hired adequate planning, development, or enforcement staff to oversee cannabis regulations. She urged the Board to hire more staff and enforcement teams to address existing problems and prevent future issues related to hemp regulations.
  • Item A-12: Agreement for Cannabis Retail Storefront Application Review Services
  • This item from the County Executive Office concerned an agreement with Hinder Leader, DeLamas & Associates (HDL) for cannabis retail storefront application review services. It required a four-fifths vote. Renee O’Neill spoke in public comment, expressing hope that HDL is an objective and neutral company. She thanked the Board and Planning and Development for denying a project in Old Orchid and urged the Board to prioritize responsible regulations to avoid litigation.

Vote on Administrative Agenda

  • A motion was made and seconded to approve the administrative agenda items (including A-1, A-5, A-11, and A-12). The motion passed unanimously.

General Public Comment

  • Renee O’Neill spoke on general public comment, expressing concern about a lack of transparency regarding hemp regulation. She noted that the Board had not agendized the issue despite repeated requests and that a closed session mentioned a Purdue Pharma case but not hemp. She urged the Board to adopt regulations restricting hemp acreage and creating buffers away from schools and traditional agriculture to prevent cross-pollination and litigation. She also called for more staff and enforcement.
  • Chair Hart responded that the Board has had multiple presentations on hemp regulation and that the regulatory framework is evolving at the state and federal levels. County Counsel Michael Gozoni added that the State of California is working on a state plan for the USDA, and the USDA recently extended its comment period on interim final rules for hemp. Supervisor Williams noted that the legislative committee has opposed legislation interfering with local regulation and that the Board is tracking the issue. He mentioned that current hemp operations in the county are limited to those arranged with higher education institutions, which he described as a potential loophole. He acknowledged the concerns about odor and black market risks but stated the Board is not ignoring the issue.
  • Judy Polson was listed as a speaker but could not be reached, so general public comment concluded with O’Neill’s remarks.

Departmental Item 1: COVID-19 Update

  • Dr. DeRionne Pollard presented a COVID-19 update:
  • Local Data: As of the previous day, there were 8,718 total cases, 162 active cases, 30 hospitalized patients, and 106 cumulative deaths (1.2% death rate). Cases increased by 7% over the past two weeks. Hospitalizations decreased by 30%, med surge rates by 12%, and ICU rates by 56% over the past two weeks.
  • Tier Assignment: Santa Barbara County was assigned to Tier 1 (Purple/Widespread) under the Blueprint for a Safer Economy. The case rate was 9.1 per 100,000, and the positivity rate was 4.8%.
  • Sector Operations: In the Purple tier, grocery stores, pharmacies, hair salons, barbershops, and retail stores (at 25% capacity) can operate indoors. Gyms, restaurants, places of worship, and museums can operate outdoors only.
  • School Waivers: 14 schools had approved waivers. Three schools were sent to CDPH for concurrence, five were pending additional information, and two new submissions were received.
  • Testing: Three state-sponsored OptumServe sites (Santa Maria, Buellton, Goleta) and three county-sponsored sites (Santa Maria, Lompoc, Santa Barbara) are available. Turnaround times for results have improved to 1–3 days. The county is encouraging testing for all, including asymptomatic individuals, to maintain surveillance and utilize state resources.
  • Flu Vaccination: Drive-up flu clinics will be held October 6–15 in Lompoc, Santa Barbara, and Santa Maria. Free flu shots are available for ages 3 and older.
  • Supervisor Lavinino asked about visitor policies for skilled nursing facilities. Dr. Pollard initially stated she did not have the information but later confirmed that while no visitors are currently allowed, the county anticipates a new order allowing two outside visitors within the week.
  • Supervisor Williams asked for details on testing sites to encourage public participation. Dr. Pollard reiterated the locations and the importance of testing for surveillance and maintaining state-funded sites.

RISE Business Activity Update

  • Ms. Anderson provided an update on business activity since September 1:
  • Tier Status: Santa Barbara County remained in Tier 1 (Purple) following the first weekly assessment on September 8.
  • Sector Changes: Hair salons, barbershops, and retail/shopping malls opened indoors with modifications (max 25% capacity) effective August 31.
  • Reopenings: 4,109 businesses have submitted applications to reopen. Top categories are dine-in restaurants, retail, and office workspaces.
  • SBCPEP Program: 20 businesses have utilized the Small Business and Community Partnership Enhancement Program for public right-of-way expansions.
  • CARES Act Funding:
  • Small Business Grant: Closed August 31; 35 applicants participated.
  • Disaster Assistance Program: Launched recently; capacity for 200 households.
  • Rental Assistance Program: 220 applications received, 111 approved; $2 million allocation expected to help up to 600 households.

Public Comment on Departmental Item 1

  • Six members of the public spoke: 1. Christina Silvers: Highlighted the risks faced by farm workers and the importance of enforcing Health Officer Order 14.1 regarding screening and reporting in homeless shelters and H-2A housing. She urged the Board to provide a clear enforcement pathway and a warm line for reporting violations without retaliation. She also raised concerns about the availability and accessibility of COVID-19 testing for symptomatic and asymptomatic workers. 2. Dr. Kristen Fontes: Co-founder of Santa Barbara Health Care Workers for Racial Justice, she supported letters submitted to the Board regarding protections for vulnerable populations, particularly farm workers and unhoused individuals. She noted the disproportionate impact of COVID-19 on Latinx communities and the barriers faced by undocumented workers and those with limited English proficiency. She supported the enforcement of health orders, efficient testing, and anonymous reporting systems. 3. Hazel Davalos (CAWS): Expressed gratitude for Health Officer Order 14.1 and urged the county to create a farmworker hotline for reporting violations. She also voiced support for Proposition 15, emphasizing the need for well-funded public education and criticizing tax breaks for corporate landowners. 4. Dr. Anna Kokovich: Urged the Board to protect farm workers, noting their crowded living and working conditions and their essential role in food security. 5. Lee Heller: Thanked the Public Health Department for the health order extending protections to congregate housing. He echoed the request for a farmworker hotline and supported the work of the Latinx and Indigenous COVID response task force. 6. Terry Strickland: Spoke on behalf of small businesses, noting the financial and mental health hardships caused by closures. He questioned the timeline for indoor reopening and suggested that the state’s metrics may be unattainable, urging the Board to communicate with the Governor.

Closing Remarks on Departmental Item 1

  • Supervisor Williams reflected on the need to address higher infection rates among lower-income populations to move out of the Purple tier. He encouraged staff to use enforcement tools and to inform the public about reporting mechanisms for violations of the recent health order.

Agenda Item: Public Health Update (Continuation)

  • Discussion: Staff presented an update on health equity initiatives, including the Latinx and Indigenous Immigrant COVID-19 Response Task Force, CARES funding for community health centers, and language justice efforts. Staff noted that the county was among the first to launch Project for Harvest Housing and an H2A health officer order for the homeless population. A slide was presented showing case rates trending down from July 11 until August 22, currently plateauing just above the red threshold. Staff emphasized that continued adherence to simple strategies (masking, hand washing, avoiding gatherings) is necessary to lower rates further and allow businesses to open indoors.
  • Motion: A motion was made to receive and file the item.
  • Second: The motion was seconded.
  • Vote Outcome: The motion passed unanimously.

Department Item Number 2: Public Works, Board of Directors Flood Control and Water Conservation District

  • Discussion: Staff presented proposed fee ordinance amendments for the Public Works Water Resources Division, Flood Control District, and Project Clean Water. The presentation outlined the need for updates to adhere to the county’s full cost recovery policy, noting that the last updates were in 2010 (Flood Control) and 2004 (Project Clean Water). A fee study conducted by MGT of America identified that current fees do not fully recover costs (7% shortfall for Flood Control, 45% for Project Clean Water). The proposed fees aim to achieve 0% shortfall (full cost recovery), resulting in increased annual revenues of approximately $8,000 for Flood Control and $19,000 for Project Clean Water. Both new ordinances will include a CPI clause for annual adjustments. The timeline indicates this is the first reading, with a second reading scheduled for the following week; if adopted, fees would take effect 30 days later (October 21st).
  • Motion: A motion was made to adopt the staff recommendation.
  • Second: The motion was seconded.
  • Vote Outcome: The motion passed unanimously.

Department Item Number 3: Resolution in Support of Proposition 15

  • Discussion: Supervisor Williams introduced the item, arguing that Proposition 15 (California Schools and Local Communities Funding Act of 2020) is necessary to provide resources for education and basic services during the pandemic. Staff presented details on Prop 15, which would amend the state constitution to tax commercial and industrial properties based on fair market value, while exempting residential property, commercial agriculture, and properties valued at $3 million or less. Staff noted that Prop 15 would generate an estimated $7.5 billion to $12.5 billion statewide, with 40% allocated to schools and community colleges and 60% to cities, counties, and special districts. For Santa Barbara County, estimates suggest over $100 million in total revenue, including approximately $43.5 million for K-12 schools and over $10 million for community colleges.
  • Board Comments: Supervisor Lavagnino expressed opposition, citing concerns about the measure’s title, the impact on small businesses and tenants, potential job losses, and the timing during the pandemic. He argued that the measure would not protect small businesses as claimed and that property tax reform should be revenue-neutral. Supervisor Adams argued against the measure, stating that variable property taxes disrupt business pro formas and cash flows, potentially leading to business closures, depressed property values, and reduced tax revenues. Supervisor Williams supported the measure, citing the need for public education funding, the inequity of disparate tax bases for commercial properties, and the county’s increased service demands. Supervisor Hartman supported the measure, noting the negative impacts of Proposition 13 on public services and infrastructure, and the need for a more equitable tax burden. Supervisor Lavagnino opposed the measure, arguing that increasing government spending does not solve problems and warning that the next target for tax increases would be individual homeowners.
  • Public Comment: Twenty-two requests to speak were noted. Speakers in support of the resolution included representatives from the Santa Barbara Young Democrats, Santa Barbara City College, the League of Women Voters, Future to Youth of America, and various residents. They argued that the measure closes corporate tax loopholes, protects homeowners and small businesses, and provides necessary funding for underfunded schools and local services. Speakers in opposition included representatives from COLAB, the Santa Barbara County Taxpayers Association, the Central Coast Taxpayers Association, and private citizens. They argued that the measure is a tax increase that would harm small businesses, lead to job losses, disrupt the local economy during the pandemic, and that the board should not endorse a measure that has not been fully vetted by legislative committees.
  • Motion: Supervisor Williams moved to support Proposition 15 as written in the resolution.
  • Second: The motion was seconded.
  • Vote Outcome: The motion passed 3-2.

Closed Session

  • The Board recessed to closed session to consider five matters: three existing litigation cases (County of Santa Barbara v. Purdue Pharma; In re Purdue Pharma; In re Insys Therapeutics), one matter regarding the decision to initiate litigation, and a conference with labor negotiators for all bargaining units. Upon reconvening, the County Counsel reported that there were no reportable actions from the closed session.

Departmental Item No. 4: CEQA Guidelines and Environmental Thresholds Manual Amendments

  • Staff presented proposed amendments to the County Guidelines for the Implementation of the California Environmental Quality Act (CEQA) and the Environmental Thresholds and Guidelines Manual (ETM). The amendments include minor procedural changes to conform to state CEQA guidelines, a reduction in the required public hearings for ETM revisions from two to one, and clarifications regarding "quality of life" impacts to ensure they are tied to physical environmental effects. Additionally, the amendments revise noise thresholds to remove subjectivity, specifying that project-generated noise must exceed maximum acceptable levels or increase ambient noise by at least three decibels to be considered a significant impact. The Planning Commission recommended approval with one minor change to retain references to beneficial impacts. Supervisor Hartman requested that the Board consider incorporating local mitigation requirements for significant and unavoidable impacts into the General Plan or thresholds. Supervisor Williams expressed interest in formalizing a hierarchy for mitigation measures. Supervisor Williams moved to adopt the changes to the CEQA thresholds. The motion was seconded. The motion passed unanimously.

Departmental Item No. 5: CEQA Transportation Impact Thresholds (SB 743)

  • Staff presented proposed amendments to the ETM to implement Senate Bill 743, which shifts the metric for transportation impacts in CEQA documents from Level of Service (LOS) to Vehicle Miles Traveled (VMT). The presentation explained that VMT aligns with state goals of reducing greenhouse gas emissions and encouraging infill development. Staff outlined the implementation process, including the selection of VMT metrics, geographic boundaries (using the unincorporated county boundary), screening criteria, and thresholds (15% reduction below county average for residential/employment projects; no net increase for retail/transportation projects). Staff noted that while LOS will no longer be a CEQA impact, it will remain a planning tool for roadway design and consistency with the General Plan. Supervisor Hartman inquired about mitigation strategies, such as mitigation banks, and how projects that reduce VMT would be evaluated. Staff explained that mitigation under VMT often involves Transportation Demand Management (TDM) strategies or project design changes, and that mitigation banks are currently under development statewide. Supervisor Williams asked how LOS policies might conflict with VMT goals for infill projects. Staff indicated that the Circulation Element update, currently in the work program, would address potential inconsistencies between LOS standards and VMT goals. The Planning Commission recommended approval with no changes. Supervisor Williams moved to adopt the recommendation. The motion was seconded. The motion passed 4-0 with one abstention.

Adjournment and Closing Remarks

  • The chair concluded the regularly scheduled meeting. A statement was made honoring Los Angeles County Sheriff’s deputies who survived an ambush shooting in Compton. The statement noted that the deputies are recovering from life-threatening injuries and acknowledged the challenges faced by first responders during the coronavirus pandemic and statewide fire emergency. The County of Santa Barbara expressed support for the deputies and condemned the act of violence. The meeting was adjourned.