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Board of Supervisors — 2020-10-20

Board of Supervisors — 2020-10-20October 20, 2020

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BodyBoard of Supervisors
MeetingRegular Meeting
Date📅 October 20, 2020

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Meeting Summary

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At a glance

CEO Report

  • CEO Miyasato reported that there was no CEO report for this morning.

Announcements

  • The Clerk announced that public comment by phone was permitted via a provided number.
  • County Counsel requested the withdrawal of Administrative Item 10 regarding an outside counsel contract.

Administrative Agenda

  • The board considered targeted outreach to homeless encampments using CARES Act funds, noting the non-law enforcement approach of the contractor.
  • The board reviewed the conversion of a purchase contract to a board contract with Community Health Centers for COVID-19 outreach.
  • The board approved the administrative agenda, including the withdrawal of the outside counsel contract item.

3CE Member Agency Annual Update

  • 3CE presented an update on its financial stability, renewable energy goals, and upcoming enrollment for Santa Barbara County customers.
  • The board discussed the agency's shift toward procuring actual renewable energy resources and storage rather than unbundled credits.
  • The board received and filed the report after addressing questions about the opt-out process and public concerns regarding grid reliability.

COVID-19 Update

  • Staff reported 9,641 cumulative cases and identified the county as Tier 2 (Red) under the Blueprint for a Safer Economy.
  • The presentation detailed outbreaks in Isla Vista and ongoing collaboration with UCSB for contact tracing and testing.
  • The board received and filed the report after discussing the severity of symptoms and the effectiveness of public health interventions.

Five-Year Capital Improvement Program

  • Staff presented the FY 2020-21 through FY 2024-25 CIP, totaling approximately $70.5 million across General Services, Public Works, and CSD Parks.
  • The presentation included the 2020 ADA Transition Plan and the General Services parking lot pavement management program.
  • The board discussed specific project timelines, funding gaps, and the lack of greenhouse gas reduction strategies in the plan.

Ordinance for Administrative Fines

  • Staff proposed an ordinance allowing the Director of Emergency Services to issue administrative fines for violations of health officer orders.
  • The discussion focused on the ordinance as a middle-ground enforcement tool between education and criminal sanctions.
  • The board adopted the ordinance to address egregious violations in unincorporated areas.

Closed Session

  • The board reviewed three litigation matters involving Purdue Pharma and Insys Therapeutics without taking reportable action.
  • The board discussed real property negotiations with the Housing Authority regarding downtown Santa Barbara parcels.
  • The board discussed real property negotiations with the Food Bank of Santa Barbara County regarding the Calle Real campus.

Full summary

Meeting Opening and Roll Call

  • The October 20, 2020, meeting of the Santa Barbara County Board of Supervisors was called to order. The clerk called the roll, and all members were present. The board pledged allegiance to the flag.

Approval of Minutes (October 13, 2020)

  • Discussion: No discussion was requested.
  • Motion: Supervisor Hartman moved to approve the minutes. The motion was seconded.
  • Vote: The motion passed unanimously.

CEO Report

  • CEO Miyasato reported that there was no CEO report for this morning.

Announcements

  • The Clerk announced that public comment by phone was permitted via a provided number, with a request to mute devices when not speaking. The Clerk also announced a request from the County Counsel to withdraw Administrative Item 10 (consideration of recommendations regarding an outside counsel contract with Nielsen, Merks-Sommer, Perrinello, Gross and Leone LLP) from the agenda. The request was received on October 19, 2020.

Administrative Agenda

  • Item A-6 (Community Services): Consideration of recommendations regarding the approval of targeted outreach to homeless encampments using Emergency Solutions Grant CARES ESG-CV and CARES Act Funds.
  • Discussion: Supervisor Williams noted the importance of outreach and the need for housing solutions, citing the success of Project Room Keys South. Supervisor Hartman added that the contractor, CityNet, provides a non-law enforcement method for reaching the homeless population and connecting them to services.
  • Item A-10 (County Counsel): Consideration of recommendations regarding an outside counsel contract with Nielsen, Merks-Sommer, Perrinello, Gross and Leone LLP.
  • Public Comment: Mark Shatillo spoke in support of the withdrawal, citing concerns about independence and transparency for the Independent Redistricting Commission and potential conflicts of interest.
  • Discussion: Supervisor Adam asked for clarification on the reason for withdrawal and any conflicts. County Counsel explained that the item was set up as a four-fifths vote requirement, which was not met, leading to the withdrawal. Counsel stated that the firm withdrew its offer to contract with the county after discussions regarding a firm member’s contributions to supervisory campaigns. Supervisor Williams confirmed passing along information regarding these contributions. Counsel clarified that no untoward contact between the redistricting commission and the firm was known. Supervisor Lavagnino asked why the board was appointing counsel for the commission; Counsel explained that the board has contracting authority to provide support services to the entity, which lacks independent contracting authority, and that a different firm would be presented in the future.
  • Decision: The item was withdrawn from the agenda. No vote was taken.
  • Item A-18 (Public Health): Consideration of recommendations regarding the conversion of purchase contract BL 05011 to a board contract with Community Health Centers of the Central Coast for targeted outreach to slow the spread of COVID-19.
  • Discussion: Supervisor Williams highlighted the use of promotoras (lay health educators) as an effective strategy for reaching populations with higher levels of spread.
  • Motion: Supervisor Williams moved to approve the administrative agenda, including the withdrawal of Item A-10. The motion was seconded.
  • Vote: The motion passed unanimously.

General Public Comment (Items Not on Agenda)

  • Judy Paulson: Spoke regarding zoning issues in Santa Maria, stating that 16 lots are incorrectly zoned as Ag 240, making them vulnerable to cannabis cultivation. She described a neighbor’s lot being sold to an individual planning to plant cannabis and alleged that she had been misled by county staff and faced intimidation. She requested that the cannabis application be denied.
  • Renee O’Neill: Spoke in support of Judy Paulson’s comments. She stated that hemp is not regulated in the county, lacks buffer zones, and is often used to camouflage cannabis growth. She expressed concern that the board has not placed hemp regulation on the agenda despite repeated requests.
  • Board Response: Supervisor Williams stated that public comment is not a dialogue and that the board does not respond to comments on items not on the agenda. He noted that while hemp is currently unregulated, it is not permitted by the county, and the board has asserted rights to prevent unpermitted hemp.

Departmental Item 1: Central Coast Community Energy (3CE) Member Agency Annual Update

  • Presentation: J.R. Killegrew, Director of Communications and Outreach for 3CE, presented an update. Key points included:
  • 3CE (formerly Monterey Bay Community Power) now serves 33 communities across five counties.
  • Santa Barbara County joined the agency in late 2018/early 2019.
  • 3CE received an A rating from S&P, the first for a CCA in California.
  • In response to COVID-19, 3CE cut electric generation rates by 50% for two months, providing approximately $24 million in relief.
  • 3CE aims to be 60% renewable by 2025 and 100% renewable by 2030, moving away from annual accounting to monthly balancing.
  • Programs include electrification grants for new housing, electric school buses, and a $25 million resiliency fund for backup power.
  • Enrollment for Santa Barbara County customers (approx. 52,500 accounts) begins in January 2021 for PG&E territory and October 2021 for SCE territory.
  • Customers will still receive bills from PG&E or SCE, with 3CE charges appearing as a line item.
  • Opt-out fees are $5 for residential and $25 for commercial customers.
  • The presentation highlighted plans to build approximately 1,200 megawatts of renewable energy and 500 megawatts of battery storage over the next eight to ten years to replace resources from the Diablo Canyon nuclear power plant closure. 3CE, along with six other Community Choice Aggregators, issued a Request for Offer (RFO) for long-duration storage (eight hours or more) to be installed before 2026.
  • Discussion:
  • Supervisor Williams, a member of the 3CE policy and executive boards, commented on the organization’s shift away from purchasing unbundled Renewable Energy Credits (RECs) toward procuring actual renewable energy resources and storage. He stated this approach prioritizes substance over "feel-good" labels.
  • Supervisor Hartman expressed pride in the county’s participation and the agency’s financial stability and ambitious goals.
  • Supervisor Lavagnino inquired about the opt-out process. The 3CE representative confirmed a grace period exists and provided methods for opting out, including a website (3cenergy.org/opt-out), a call center number, email, and a virtual form. It was noted that removing charges from bills may take one to two billing cycles.
  • A board member stated that the county is developing a webpage on its "One Climate" page to provide 3CE information and opt-out options. It was confirmed that outreach efforts are phased, with the current effort covering the PG&E territory and a future effort planned for the Edison territory in 2021. The board and 3CE are also coordinating with the City of Santa Barbara to mitigate public confusion regarding two concurrent CCA programs.
  • Public Comment:
  • Andy Caldwell (representing CoLab) criticized 3CE, arguing it contributed to the closure of the Diablo Canyon nuclear plant, increased electricity prices, and used funds as a "slush fund." He disputed the claim that there were no penalties for dropping out, citing the opt-out fee, and raised concerns about grid reliability and affordability.
  • Supervisor Williams responded that 3CE was not responsible for the Diablo Canyon decision, which was a negotiated settlement. He reiterated that 3CE’s strategy of procuring real renewable energy and storage builds resiliency, noting that 84% of proposed projects include storage.
  • Motion: A motion was made and seconded to receive and file the report.
  • Vote: The motion passed unanimously.

Departmental Item 2: COVID-19 Update

  • Presentation: Dr. DeRionne Ramoso presented county COVID-19 data, reporting 9,641 cumulative cases, 121 active cases, 12 hospitalized patients, and 119 cumulative deaths. The seven-day rolling sum of new cases was described as relatively stable, with decreases in Lompoc and Santa Maria.
  • Tier Assignment: The presentation included an anticipated tier assignment under the "Blueprint for a Safer Economy." The county’s adjusted case rate was reported at 4.3 per 100,000, with a positivity rate of 1.9% and a health equity metric of 3.2. These metrics placed the county in Tier 2 (Red), close to the threshold for Tier 3 (Orange).
  • Isla Vista Outbreak: Dr. Ramoso reported several outbreaks in Isla Vista, including three related to houses. The Public Health Department is collaborating with UCSB on contact tracing and expanded testing, aiming for 150 tests per day in the community over the weekend. It was noted that symptoms among affected students have been mild, primarily loss of taste and smell and fatigue.
  • Q&A: Supervisor Lavagnino asked about the severity of symptoms in the Isla Vista outbreak; staff confirmed symptoms were mild. Supervisor Williams encouraged staff to continue their efforts to lower the case rate to enter the Orange tier.
  • Public Comment: A member of the public representing CoLab questioned the degree to which UCSB was enforcing penalties against students involved in gatherings, suggesting that university adjudication might be a more effective tool than county-wide ordinances.
  • Board Response: Supervisor Hartmann clarified that law enforcement gathers information on landlords and universities involved in gatherings and sends notifications to both. The Chair stated that the term "hotspot" was not appropriate, noting that the Public Health Department had moved quickly to address the outbreak through testing and contact tracing. Supervisor Williams agreed, noting that campus adjudication is a slow-moving tool compared to public health interventions. Dr. Ramoso added that quarantine and isolation orders were issued to exposed individuals, and students were abiding by these orders.
  • Motion: A motion was made and seconded to receive and file the report.
  • Vote: The motion passed 4 to 1.

Departmental Item 3: Five-Year Capital Improvement Program (CIP), ADA Transition Plan, and Parking Lot Pavement Management Program

  • Presentation: General Services, Public Works, and Community Services District (CSD) Parks presented the FY 2020-21 through FY 2024-25 Capital Improvement Program. The total CIP value is approximately $70.5 million, comprising $6.75 million for General Services, $57.6 million for Public Works, and $6.1 million for CSD Parks.
  • General Services: Presented projects including HR space optimization, hearing room AV upgrades, roof replacements (including the jail), and EOC server room upgrades. The 2020 ADA Transition Plan was presented, noting that 2,448 accessibility barriers were identified in a survey of 11 facilities, with $500,000 allocated for the first year of improvements, focusing on path-of-travel. The Parking Lot Pavement Management Program was presented, noting an overall Pavement Condition Index (PCI) of 66, with 71% of pavement rated good to fair.
  • Public Works: Highlighted recent accomplishments including the Ashley Road Bridge reconstruction, Ortega Ridge Road embankment repair using recycled tires, and the Cold Springs Debris Basin Expansion. Upcoming projects include the Tahigas Resource Center, Tahigas Landfill Expansion, and Laguna County Sanitation District improvements. Unfunded priorities included the Floridale Bridge replacement ($1.2 million local share), road maintenance ($4.9 million annual need), a multimodal path gap closure ($1.5 million local match), and Project Clean Water ($220,000 annual cost).
  • CSD Parks: Highlighted the completion of approximately $3 million in capital improvements, including work at Summerlin and Santa Barbara beaches. Upcoming projects include Halama Beach camping and beach access improvements (supported by a $100,000 Coastal Conservancy grant), Kachuma Lake RV area renovations, and pool improvements. CSD Parks reported a capital need of $221 million, with a PCI of 54 for park roadways.
  • Q&A: Supervisor Williams asked about plans for expanding camping at Halama Beach; staff confirmed a grant was received for master planning and environmental documents. Supervisor Williams also asked about Kachuma Lake plans; staff confirmed design work for RV area and pool improvements is underway. Supervisor Adam asked for clarification on PCI numbers, noting a discrepancy between the 56 reported for county roads and the 66 reported for General Services parking lots; staff clarified that the 56 referred to county roads and the 66 to General Services parking lots, and that Parks PCI data would be included in future documents.
  • Public Comment: A member of the public representing CoLab questioned the CIP’s lack of a plan to reduce greenhouse gas emissions from asphalt, concrete, and diesel-powered construction vehicles, arguing that the five-year plan did not align with the ten-year timeline for eliminating fossil fuels.
  • Board Response: Supervisor Williams acknowledged the point and suggested that building housing for employees in the South County to reduce commuting emissions would be a significant step for future CIPs. CEO Miyasato pointed out that the CIP document lists over $300 million in unfunded projects that could be prioritized if additional discretionary revenue becomes available.
  • Motion: A motion was made to approve the staff recommendations to receive and file the detailed five-year capital program, the 2020 County Santa Barbara ADA transition plan, and the 2020 General Services parking lot pavement management plan.
  • Vote: The transcript provided does not record the second, discussion, or vote outcome for this specific motion.

Item A-10: Ordinance to Adopt Remedies Including Administrative Fines for Violations of County Health Officer Orders Pertaining to COVID-19

  • Discussion and Presentation: Staff presented a proposed ordinance to add Chapter 51 to the County Code, applicable only to unincorporated county areas. The ordinance would grant the Director of Emergency Services administrative authority to issue fines of $100, $200, or $500 for violations of current health officer orders, specifically Health Officer Order 2020-12.12. Staff explained that the ordinance is intended to provide a middle-ground enforcement option between education/outreach and criminal sanctions. The primary focus of enforcement would be on gatherings exceeding allowed limits, businesses not complying with reopening guidelines (such as capacity limitations), and large groups in parks or beaches, rather than individual actions like walking without a mask. Staff noted that the ordinance would remain in effect until the local emergency proclamation is terminated or the board terminates the ordinance.
  • Supervisors asked questions regarding training for enforcement personnel, the distinction between administrative fines and criminal penalties, and the scope of the ordinance. Staff confirmed that training would be provided to county employees and partner agencies, and that the ordinance applies countywide to unincorporated areas. Staff clarified that criminal penalties require a higher burden of proof, review by the District Attorney, and adjudication by a judge, whereas administrative fines involve hearing officers drawn from county staff or retired commissioners.
  • Supervisor Adams expressed opposition to the ordinance, citing the "Great Barrington Declaration" and arguing that current control strategies cause more harm than good, particularly regarding economic and social impacts. Supervisor Williams supported the ordinance, stating it provides a necessary tool to address egregious violations without resorting to criminal enforcement, thereby helping to move the county to lower transmission risk tiers. Supervisor Hartmann supported the ordinance, noting it provides a consequence for non-compliance that is less severe than criminal penalties, and emphasized that education remains the primary method.
  • Public Comment: Ten members of the public spoke. Several speakers, including students and community representatives from Isla Vista, supported the ordinance, citing concerns about large gatherings, lack of accountability, and the impact on public health and local businesses. Others, including a small business owner and a representative of a local advocacy group, opposed the ordinance, arguing it was punitive toward businesses, raised concerns about enforcement consistency, and questioned the necessity of fines given the county’s progress in reducing transmission.
  • Motion: Supervisor Hartmann moved to adopt items A through E of the board letter as recommended by staff. The motion was seconded.
  • Vote: The motion passed 3 to 2.

Closed Session Agenda

  • The board recessed to closed session to consider: 1. Three related litigation matters: County of Santa Barbara v. Purdue Pharma (multi-district litigation in the Northern District of Ohio), and two bankruptcy cases (In re Purdue Pharma in the Southern District of New York, and In re Ray Therapeutics in the District of Delaware). 2. Two real property matters:
  • Negotiations with the Housing Authority of the County of Santa Barbara regarding multiple parcels, including parking lots at 1016 Santa Barbara Street and between East Figueroa and East Carrillo Streets, and a property at 117 East Carrillo Street.
  • Negotiations with the Food Bank of Santa Barbara County regarding real property within the county’s Calle Real campus.

Closed Session Report

  • The board reported that it considered three broad areas during the closed session: 1. Litigation: Review of existing litigation cases, including County of Santa Barbara v. Purdue Pharma et al. (consolidated into multi-district litigation) and two related bankruptcy cases (In Re Purdue Pharma and In Re Insys Therapeutics). No reportable actions were taken on this item. 2. Real Property Negotiation (Downtown Santa Barbara): Discussion of negotiations regarding parcels at 1016 Santa Barbara Street, 117 East Carrillo Street, and a parking lot between East Figueroa Street and East Carrillo Street. The negotiating party was the Housing Authority of the County of Santa Barbara. No reportable actions were taken on this item. 3. Real Property Negotiation (Calle Real Campus): Discussion of negotiations regarding county-owned property on the Calle Real campus (bounded by Cathedral Oaks Road and Calle Real). The negotiating party was the Food Bank of Santa Barbara County. No reportable actions were taken on this item.

Adjournment

  • The chair announced the conclusion of business for the day and adjourned the meeting to Tuesday, November 10, 2020.