Meeting Summary
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At a glance
Ex-Agenda Request
- The board approved an ex-agenda request to amend Departmental Item 1.
- This amendment allows the board to consider a letter to the Governor regarding the regional stay-at-home order.
Resolution Honoring State Senator Hannah-Beth Jackson
- The board adopted a resolution honoring Senator Jackson’s retirement and legislative career.
- The resolution highlights her work on women’s equality, environmental protection, and local infrastructure.
- Senator Jackson appeared via Zoom to thank the board for the honor.
Certification of November 3, 2020, Election Results
- The board accepted and filed the certified statement of results for the general election.
- County Counsel clarified that this action is a ministerial declaration of the person elected under state law.
- The Chief Election Officer confirmed that paper ballots are retained for 22 months and routine audits showed no discrepancies.
COVID-19 Update and Recommendations
- Staff presented data showing increases in active cases and hospitalizations, particularly among working-age adults.
- The board approved sending a letter to the Governor requesting that Central Coast counties exit the regional stay-at-home order as a separate region.
- Staff was directed to explore additional local resources to help small businesses navigate state and federal assistance programs.
Legislative Advocacy Update and 2021 Legislative Platform
- Lobbyists reported on the status of federal pandemic relief packages and state legislative priorities.
- The board adopted the 2021 legislative platform, which focuses on economic recovery, climate change, and infrastructure.
Amendments to Land Use and Development Codes for Telecommunications Facilities
- The board adopted staff recommendations to allow a simplified permit process for natural gas meter reading units.
- The final decision limited buffer zones to public trails with a 50-foot setback rather than a broader restriction on walkways.
- Staff clarified that the ordinance applies only to natural gas telecommunications facilities, not commercial 5G networks.
Fiscal Year 2021-2022 Budget Development Policies
- The board adopted budget policies regarding cost recovery, Air Support funding, and ERP system reserves.
- The board declined to increase the Northern Branch Jail funding set-aside at this time.
- Staff was directed to consult with the Sheriff and report on alternative funding scenarios considering potential jail population reductions.
Central Coast Community Energy (3CE) Service Offerings
- The board selected Option 3, enrolling county municipal electric accounts in the 3C Choice program.
- Staff was directed to return during the FY 21-22 budget process with a request for renewable energy or battery projects.
Sheriff’s Annual Truth Act Report and Community Forum
- The Sheriff’s Office reported that 38 individuals were picked up by ICE in 2019, a decrease from the prior year.
- The board approved staff recommendations regarding the Truth Act report and community forum.
- The Chair indicated an interest in receiving the additional list of 108 individuals for whom information was shared.
Full summary
Call to Order and Roll Call
- The December 8, 2020, meeting of the Santa Barbara County Board of Supervisors was called to order. The clerk called the roll, and all five supervisors were present. The board recited the Pledge of Allegiance.
Approval of Minutes
- The board considered the approval of the minutes from the November 17, 2020, regular meeting and the December 1, 2020, special meeting. A motion was made and seconded to approve the minutes. There was no discussion. The motion passed with four ayes and one abstention.
CEO Report and Announcements
- The County Executive Officer reported there was no CEO report for the morning. The Clerk of the Board provided instructions for public participation via phone and a reminder to mute devices. The Clerk also notified the board of an ex-agenda request added the previous day, amending Departmental Item 1 to allow the board to consider a letter to the Governor requesting that Santa Barbara, Ventura, and San Luis Obispo counties be allowed to exit the regional stay-at-home order as a Central Coast region.
Ex-Agenda Request
- The board considered the ex-agenda request to amend Departmental Item 1 to include the consideration of a letter to the Governor regarding the regional stay-at-home order. A motion was made and seconded to approve the ex-agenda request. There was no discussion. The motion passed unanimously.
Administrative Agenda
- The board reviewed the administrative agenda. Supervisor Williams requested that Administrative Item 3 be read into the record. The Clerk noted three public comment requests for Administrative Item 10.
Administrative Item 3: Resolution Honoring State Senator Hannah-Beth Jackson
- Sponsored by Supervisors Williams and Hartman, this item sought to adopt a resolution honoring State Senator Hannah-Beth Jackson’s retirement from the state legislature. Supervisor Williams read the resolution into the record, detailing Senator Jackson’s career and work on women’s equality, environmental protection, and local infrastructure. Supervisor Hartman commented on Senator Jackson’s advocacy. Chair Hart noted their collaboration on commuter rail funding. Senator Jackson, appearing via Zoom, thanked the board for the honor. No public comments were received. A motion was made and seconded to adopt the resolution. The motion passed unanimously.
Administrative Item 10: Certification of November 3, 2020, Election Results
- This item, from the Clerk-Recorder-Assessor, sought to accept and file the certified statement of results for the November 3, 2020, general election and declare the results as required by law. Three members of the public spoke, requesting a delay in certification due to concerns about voting machines, forensic investigations, and voter fraud. County Counsel clarified that the board’s action is a "declaration of person elected" under Elections Code 15400, which is a ministerial act distinct from the certification process already completed by the elections official. The Chief Election Officer stated that Santa Barbara County uses paper ballots, retains them for 22 months, and conducts routine audits with no reported discrepancies. A motion was made and seconded to approve the consent calendar item. The motion passed unanimously.
General Public Comment
- Two members of the public spoke on items not on the agenda. One speaker addressed the lack of psychiatric facilities and beds in the county, citing the suicide of a family member and the need for better mental health services. Supervisor Lavinino noted the recent opening of the Champion Center in Lompoc, which added 35–36 new mental health beds. Another speaker spoke regarding the prison system, corporate government, and conspiracy theories related to the "Great Reset," 5G technology, and geoengineering.
Departmental Item 1: COVID-19 Update and Recommendations
- This item, from the County Executive Office, was a hearing to consider recommendations regarding a COVID-19 update. Staff presented data on cumulative cases (12,379), active cases (643), hospitalizations (54), and deaths (138). They highlighted increases in active cases and hospitalizations, particularly among working-age adults and Hispanic/Latino communities. The county’s adjusted case rate was 14.4, positivity rate 4.6%, and health equity metric 6.2. The county was adjusted upwards in tier assignment due to testing capacity metrics. The Southern California region, including Santa Barbara, was subject to a regional stay-at-home order due to ICU availability dropping below 15%. Staff presented a request, jointly drafted with Ventura and San Luis Obispo counties, to appeal to the California Department of Public Health (CDPH) to allow the three Central Coast counties to exit the regional stay-at-home order as a separate region if their ICU capacity exceeds 15% after three weeks. Staff reported approximately 4,400 businesses participating in the RISE program and shared unemployment data. Staff announced that the California Office of Emergency Services (Cal OES) would send a wireless emergency alert to the Southern California region regarding the stay-at-home order.
- Supervisor Hartman asked about the basis for the Cal OES regional assignment and the legal consequences of defying the state order. County Counsel explained that the public health department must follow state directions, and non-compliance could result in funding cuts and legal risks. Supervisor Williams asked about the dissemination of quarantine requirements for out-of-state travelers. Staff indicated this falls under public education and state publicity. Supervisor Lavinino asked for clarification on whether the letter to the Governor and the letter to CDPH were the same. Staff confirmed they were two separate letters.
- The board opened the floor for public comment, noting there were approximately 45–50 speakers and limiting comments to one minute each. Public commenters expressed a wide range of views, with many urging the Board to adopt a stronger stance in the letter to the Governor. Key points raised included regional data discrepancies, economic impact on businesses, public health metrics, and constitutional arguments. Some commenters requested that the Board explicitly state that the county should be judged as a single entity or as part of the Central Coast region rather than the Southern California tier. Others urged the Board to request an immediate exit strategy or waiver rather than a three-week review period. Supervisor Adams expressed concern that the public comment period was being cut short. Supervisor Williams defended the Chair’s management of the time limits. Supervisor Hartman explained that the agenda is long and that extending the comment period too long could lead to fatigue. Chair Hart acknowledged the comments and stated that the Board is poised to send a letter to the Governor requesting an earlier exit strategy from the shutdown order. He extended the public comment time to two minutes per speaker to accommodate the remaining speakers while aiming to finalize the letter promptly.
- A board member read an adaptation of a paper on the Milgram experiment to illustrate obedience to authority, using it to argue against enforcing state lockdown mandates. The speaker cited Florida’s open status and hospital capacity as examples of alternative approaches and suggested the county should refuse to comply with state mandates or let the governor issue overt threats. Other board members expressed support for the letter but raised concerns about the three-week waiting period for a response, suggesting a shorter deadline (3–4 days) to maintain urgency. One member asked about strategies to amplify public support, such as coordinating with Ventura and San Luis Obispo counties or providing a mechanism for residents to submit comments to the governor. Staff confirmed that Ventura County had recently passed a similar resolution and that the county’s public health officers had previously lobbied the state against the regional grouping. Staff also noted that the letter would be updated to reflect current ICU capacity data (32% available).
- A motion was made to approve the staff recommendation to send the letter to the governor and to receive and file the report. The motion passed unanimously. The board agreed to explore additional local resources to help small businesses navigate state and federal assistance programs, with staff tasked to regroup with the Workforce Development Board and local organizations to present options at a future meeting.
Departmental Item 2: Legislative Advocacy Update and 2021 Legislative Platform
- Federal and state lobbyists presented updates on legislative activities. The federal lobbyist reported on the status of pandemic relief packages, noting bipartisan support for a $900 billion interim package that includes $160 billion for state and local assistance, expanded unemployment benefits, and SBA loans. The lobbyist outlined anticipated 2021 priorities, including economic recovery, climate change mitigation, and infrastructure investment. The state lobbyist summarized the 2019–2020 legislative session, highlighting successes in securing CARES Act relief for counties under 500,000 population, realignment fund losses, and 340B pharmaceutical funding backfill. The lobbyist noted ongoing efforts to finalize the distribution formula for 340B funds and anticipated continued focus on COVID-19 response, economic recovery, and eviction protections in the new legislative session. A motion was made to adopt the 2021 legislative platform. The motion passed 4 to 1 with one abstention.
Departmental Item 3: Amendments to Land Use and Development Codes for Telecommunications Facilities
- Staff and SoCalGas representatives presented proposed amendments to the County and Montecito Land Use and Development Codes (LUDC) to allow for a simplified permit process for installing telecommunications facilities (data collection units) for natural gas meter reading. The presentation highlighted safety benefits (faster leak detection), environmental benefits (reduced vehicle miles), and the program’s implementation in other jurisdictions. Technical difficulties occurred during the presentation, requiring staff and SoCalGas representatives to present separately. Staff noted that the County Planning Commission recommended approval without modifications, while the Montecito Planning Commission recommended approval with one modification: a 100-foot buffer from public walkways and trails. Staff recommended against the 100-foot buffer from "public walkways" as it is not clearly defined and could prevent installation in suitable rights-of-way, suggesting instead a limitation to "public trails" to maintain consistency between the two jurisdictions. A board member suggested limiting the restriction to "public trails" to address Montecito Planning Commission concerns while allowing installation on streets. SoCalGas representatives were asked to respond to this suggestion.
- Staff and SoCalGas representatives addressed concerns regarding the placement of DCUs, specifically the impact of buffer zones on public rights-of-way and trails. SoCalGas argued that a 100-foot buffer was overly restrictive and that existing utility sites in higher elevations were ideal for signal line-of-sight. Staff clarified that the ordinance applies only to natural gas telecommunications facilities, not 5G or other commercial telecoms. Public commenters raised questions about electromagnetic radiation levels, fire safety, equipment certification, and the lack of specific site addresses. SoCalGas provided technical specifications, stating the units operate at 0.93 watts, 460 MHz frequency, and are FCC certified but not UL/CSA certified. Staff noted that the proposed ordinance language already prohibits poles from impeding public access, including trails.
- A motion was made to pass the item with a modified version of the Montecito Planning Commission’s recommendation, limiting the buffer to public trails with a 50-foot setback. This motion was seconded but the second was withdrawn. A motion was made to adopt the staff recommendation. This motion was seconded. The motion to adopt the staff recommendation passed.
Departmental Item 4: Fiscal Year 2021-2022 Budget Development Policies
- Staff presented proposed budget development policies, including modifications to existing policies and new components. Key items included:
- Policy 3D: Modifying cost recovery policies to require the CEO to identify funding sources when the Board reduces or eliminates fees.
- Policy 4D: Directing the CEO to work with Fire and Sheriff to develop a multi-year maintenance funding plan for the Air Support Unit to smooth out fluctuating costs.
- Policy 4E: Setting aside a minimum of $1.5 million annually for a potential Enterprise Resource Planning (ERP) system.
- Policy 5C: Directing the CEO to centralize budget projections and year-end accruals for realignment revenues and move surplus funds to general county programs for transparency and stability.
- Northern Branch Jail Funding Plan: Staff recommended increasing the General Fund set-aside from $17.1 million to $17.4 million to bolster fund balances.
- Board members discussed the implications of the Air Support funding plan, noting it does not increase the 17% fire tax shift but smooths costs. Concerns were raised regarding the jail funding increase without a corresponding plan for population reduction or cost savings in the custody system. A motion was made to adopt budget development policies A, C, and D, but not B (the $300,000 increase in the jail funding plan). In substitution, staff was directed to consult with the Sheriff and report on alternative scenarios for funding levels of the Northern Branch Jail, taking into consideration potential reductions in the countywide jail population. The motion passed unanimously.
Departmental Item 5: Central Coast Community Energy (3CE) Service Offerings
- Staff presented three options for the County’s municipal electric accounts within 3CE’s service territory:
- Option 1: Default to 3C Choice (lowest cost, ~2% discount, renewable content increasing over time).
- Option 2: Enroll in 3C Prime (100% renewable at launch, higher cost, ~$77,000 annual increase).
- Option 3: Enroll in 3C Choice and direct staff to return during the FY 21-22 budget process with a request to allocate funds for renewable energy or battery projects at county sites.
- Board members discussed the trade-offs between immediate cost savings, signaling commitment to clean energy, and the potential for local infrastructure investment. Some members expressed concern about committing to higher costs without guaranteed local benefits, while others supported the investment in local resilience and battery storage. A motion was made to select Option 3: Enroll county municipal electric accounts in 3C Choice and direct staff to return to the Board during the FY 21-22 budget process with a budget expansion request for renewable energy or battery projects. The motion passed 4 to 1.
Departmental Item 6: Sheriff’s Annual Truth Act Report and Community Forum
- The Sheriff’s Office presented information regarding the annual Truth Act forum, noting that local government bodies are required to hold public forums if a local law enforcement agency has provided ICE access to an individual in the preceding year. The presentation outlined three relevant California laws: the Trust Act (AB 4, 2013), the Truth Act (2016), and the Values Act (AB 54). The Sheriff’s Office stated that its policy prohibits conducting immigration enforcement and that it does not unilaterally notify ICE of immigration status.
- The presentation detailed the ICE notification process, which begins with fingerprinting upon booking. If ICE requests information, staff review the inmate’s record for allowable exceptions under the Values Act. If exceptions apply, the inmate is notified, and ICE is informed of the release date. The presentation reported that in 2019, ICE made 448 requests, an 8% increase from the previous year. Of these, 108 met the criteria for information sharing. ICE physically picked up 38 individuals from the jail in 2019, a 61% decrease from the 98 individuals picked up in the prior year. The 38 individuals picked up were described as having significant criminal histories, with many being habitual offenders (some with over 20 prior custodies) and charged with violent felonies or serious felonies.
- Supervisor Lavagnino asked how individuals with numerous prior custodies could be re-arrested, questioning whether they were deported and returned or released without ICE interest. The Sheriff explained that the Sheriff’s Office does not proactively check immigration status; notifications to ICE occur only in response to specific ICE requests triggered by fingerprint checks. The Sheriff noted that the jail population is predominantly composed of individuals charged with felonies, with only 5% charged with misdemeanors. Supervisor Williams asked for a list of all 108 individuals who met the criteria for information sharing, not just the 38 who were picked up. Supervisor Williams also raised a discrepancy between the Sheriff’s Office data and the California Attorney General’s website, which reportedly showed 0% transfers. The Sheriff stated they were unaware of the specific numbers published by the Attorney General and explained that the Sheriff’s Office generates its own data based on direct ICE requests.
- Fourteen public comments were received. Commenters generally urged the Board and Sheriff’s Office to stop all ICE notifications and transfers, citing concerns about family separation, community trust, and public health risks during the pandemic. Several commenters referenced other California counties (e.g., Los Angeles, San Francisco) that have ended ICE cooperation. Commenters requested greater transparency, including the release of the list of all 108 individuals for whom information was shared, and questioned the discrepancy in reporting to the Attorney General. Some commenters shared personal stories of family members being deported after incarceration. Others expressed concern about the Sheriff’s Office posting release dates online, which they argued facilitated ICE apprehensions.
- Supervisor Hartman expressed surprise at the high number of repeat offenders and questioned the timeliness of the report, requesting that future reports be provided earlier in the year (e.g., March) and inquired about the possibility of quarterly reporting. Supervisor Hartman also asked the Sheriff to explain the Sheriff’s Office’s position relative to other counties that have ended ICE cooperation and to clarify the discrepancy with the Attorney General’s reporting. The Sheriff responded that the high number of repeat offenders indicates a systemic failure, potentially linked to substance abuse issues. Regarding transparency, the Sheriff stated that the Sheriff’s Office lacks the staff resources to analyze data more frequently or quickly, noting that other agencies have dedicated units for data analysis. The Sheriff explained that the department operates within the bounds of state law, balancing community safety with the rights of undocumented individuals, and cited a specific case where a person who was not removed committed a murder. Supervisor Williams emphasized the need for trust and transparency, thanking the Sheriff for not holding individuals for ICE when not required, but urging lower numbers and better communication with the Attorney General to resolve the reporting discrepancy. Supervisor Lavagnino stated that the data showing only 38 individuals were turned over indicates the tool is not used frequently. Supervisor Lavagnino expressed support for the majority of immigrants who follow the law but stated they would not defend individuals with extensive criminal histories who prey on the community. Supervisor Adam thanked the Sheriff for protecting citizens, specifically noting the removal of individuals charged with serious crimes such as lewd acts with a child and DUIs. Supervisor Adam stated that removing such individuals is good public policy.
- The Chair thanked the Sheriff for the information and indicated an interest in receiving the additional list of 108 individuals requested by Supervisor Williams. The Chair also asked if the department shares personal information such as home or work addresses with ICE. The Sheriff confirmed that such information is shared when applicable under the law.
- A representative from the Sheriff’s Office addressed concerns raised by public callers, clarifying that the department does not provide home or work addresses to ICE and does not hold individuals beyond their scheduled release times for criminal charges. The representative stated that information provided to the public regarding jail inmates is intended for transparency and victim awareness. The representative noted that the county does not operate private immigration detention facilities, suggesting that reports regarding the Attorney General’s inspections may have been conflated with other jurisdictions. The representative offered to compile additional data regarding the 108 individuals referenced in previous discussions, noting that this would require staff time. A board member acknowledged the clarification of misinformation and recommended that the Sheriff’s Office engage with the immigrant rights community to improve understanding of the system. The board member also suggested efforts to reduce the time lag between the end of the year and the release of annual reports.
- A motion was made and seconded to approve staff recommendations A through C on Departmental Item Number Six. The motion passed unanimously.
Adjournment
- The board adjourned the meeting, with the next session scheduled for December 15, 2020.