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Board of Supervisors — 2021-01-26

Board of Supervisors — 2021-01-26January 26, 2021

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BodyBoard of Supervisors
MeetingRegular Meeting
Date📅 January 26, 2021

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Meeting Summary

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Present: 5-Lavagnino, Williams, 3-Hartmann, 4-Nelson

This summary was AI-generated to save you time. It may miss or misstate details, so verify against the official recording and the transcript.

At a glance

Countywide Master Plan Environmental Consultant Contract

  • The Board debated the consultant's history, with one supervisor citing past inaccuracies and another highlighting their international reputation.
  • Staff provided no additional comment on the proposal.
  • The Board approved the contract for the environmental consultant.

Vandenberg Air Force Base Master Plan MOU

  • The item was discussed regarding its potential to spur commercial space industry growth through partnerships with REACH, Cal Poly, and Deloitte.
  • Public comment raised concerns about REACH's experience compared to the former California Space Authority.
  • The Board approved the Memorandum of Understanding unanimously.
Passed 4–0 · unanimous

Animal Services City Agreement Amendment

  • Staff explained that a $25,000 deficit was covered by one-time SB 90 funds due to pandemic impacts on the city.
  • A new Animal Services Director is implementing structural changes to achieve full cost recovery.
  • The Board approved the amendment to the city agreement.
Passed 3–1 · against: Nelson
Passed 4–0 · unanimous

Statement of Commitment to Equity and Inclusion

  • The Board debated terminology, with some members questioning the use of "Latinx" and others supporting the evolution of language.
  • An amendment was adopted to add "socio-economically disadvantaged" to the list of groups addressed in the statement.
  • The Board approved the statement with the proposed amendment.
Passed 4–0 · unanimous

Resolution Honoring Solvang Chamber of Commerce

  • Public comment thanked the Board for recognizing the Chamber's 100th anniversary and support for local businesses.
  • The Board approved the resolution honoring the Solvang Chamber of Commerce.
Passed 4–0 · unanimous

COVID-19 Update

  • The county was moved to the Purple Tier with an adjusted case rate of 49.5 per 100,000.
  • Staff reported that 44,825 vaccine doses were distributed, with additional allocations to Marion Regional Medical Center.
  • The Board discussed registration challenges for seniors and the upcoming "My Turn" app to simplify scheduling.
  • The Board received and filed the report on the current health status and vaccine distribution.
Passed 4–0 · unanimous

Interim Greenhouse Gas Emissions Thresholds of Significance

  • Staff proposed interim CEQA thresholds to provide predictability while the new Climate Action Plan is developed.
  • The Board discussed the preference for local mitigation measures over out-of-state offsets to generate local economic benefits.
  • The Board adopted the staff recommendations for the interim greenhouse gas thresholds.
Passed 4–0 · unanimous

Ocean Vistas LLC Zoning Map Amendment and Comprehensive Plan Amendment

  • The proposal seeks to rezone a 0.47-acre parcel to allow the conversion of an existing water tank into a residence.
  • The applicant emphasized the project's low environmental impact and the benefits of adaptive reuse.
  • The Board approved the zoning and comprehensive plan amendments unanimously.
Passed 3–0 · unanimous

KPMG Operational Performance Review of the Santa Barbara County Probation Department

  • KPMG commended the department for reducing juvenile detention populations and recommended improvements in staffing and data management.
  • The Board discussed the need for centralized IT capabilities and aligning departmental goals with county-wide strategies.
  • The Board moved the item except for recommended actions.
Passed 4–0 · unanimous

KPMG Operational and Performance Review of the District Attorney’s Office

  • KPMG recommended enhancing workload tracking and addressing the significant increase in digital discovery volumes.
  • The Board discussed the challenges of managing digital discovery and the need for collaborative data analysis with other agencies.
  • The Board approved the recommended actions from the review.
Passed 4–0 · unanimous

Urgency Ordinance to Temporarily Prohibit Commercial Evictions

  • The ordinance extends the prohibition on commercial evictions through March 31, 2021, requiring tenants to pay 25% of rent.
  • The Board debated the impact on small landlords versus the necessity of keeping viable businesses in operation.
  • The Board adopted the urgency ordinance with a 4-1 vote.
Passed 3–1 · against: Nelson

Closed Session

  • The Board considered existing litigation involving AT&T Mobility and the Santa Ana’s Band of Mission Indians.
  • The Board conferred with negotiators regarding real property at the Teague West Landfill and labor matters with SEIU Local 620.
  • No reportable actions were taken during the closed session.

Full summary

Meeting Start and Roll Call

  • The January 26, 2021, meeting of the Santa Barbara County Board of Supervisors was called to order. The Clerk called the roll, confirming the presence of all five supervisors. The Pledge of Allegiance was recited.

Approval of Minutes

  • A motion was made and seconded to approve the minutes from the previous meeting. No discussion occurred. The motion passed unanimously.
Passed 4–0 · unanimous

CEO’s Report and Announcements

  • The CEO’s office reported that there was no CEO’s report for this meeting. The Clerk announced procedures for public comment via Zoom, noting that participants must register and join only when their specific item is being discussed. Supervisor Hart noted he was participating via Zoom due to quarantine protocols following a potential staff exposure to a COVID-19 positive individual.

Administrative Agenda – General Motion

  • Supervisor Hart requested to pull Item A-7. Supervisor Lavanino inquired about the availability of a lobbyist for Item A-26; staff confirmed the lobbyist was not present but could provide follow-up. Chair Nelson requested to pull Items A-2, A-10, and A-26. The Clerk noted one public comment request for Item A-29. A motion was made and seconded to approve the balance of the administrative agenda (excluding Items A-2, A-7, A-10, A-26, and A-29). The motion passed unanimously.
Passed 4–0 · unanimous

Item A-2: Countywide Master Plan Environmental Consultant Contract

  • Chair Nelson expressed concern regarding the environmental consultant’s history, citing past instances of providing false information to the Board, and stated he could not support the contract. Supervisor Hartman supported the contract, noting the consultant’s international reputation and the county’s prior positive experiences with them. Staff had no comment. A motion was made by Supervisor Hartman and seconded to approve Item A-2. The motion passed 4-1.

Item A-7: Vandenberg Air Force Base Master Plan MOU

  • Supervisor Hart, who had requested the item be pulled, highlighted the economic development potential of the partnership with REACH, the Governor’s Office of Business and Economic Development, Cal Poly, and Deloitte Consulting to spur commercial space industry growth. Supervisor Williams supported the proactive economic development strategy, emphasizing the need for staff oversight to ensure value. Supervisor Hartman expressed enthusiasm for the countywide effort and the involvement of UCSB assets. Supervisor Lavanino supported the item, noting the base commander’s encouragement and the potential to restart the local economic engine using cannabis tax revenue.
  • Public Comment: Andy Caldwell of CoLab spoke against the proposal, arguing that REACH lacked experience and connections in the commercial space sector compared to the former California Space Authority. He suggested the county work directly with Vandenberg or hire experienced personnel instead.
  • A motion was made and seconded to approve Item A-7. The motion passed unanimously.
Passed 4–0 · unanimous

Item A-10: Animal Services City Agreement Amendment

  • Chair Nelson, who had requested the item be pulled, initially stated he was inclined to vote against the item due to a lack of full cost recovery. He asked for clarification from Public Health. Paige Batson from Public Health explained that the county had covered a $25,000 deficit using one-time SB 90 funds due to the financial impact of COVID-19 on the city. She noted that a new Animal Services Director was implementing structural changes to achieve cost recovery. Supervisor Lavanino asked if other cities received similar discounts; staff confirmed a 2.5% COLA was charged across the board, with the specific deficit covered by one-time funds. Supervisor Hartman expressed confidence in the new director’s ability to resolve cost recovery issues. Supervisor Hart noted that the new director was already meeting with the City Administrator to discuss cost-saving service models.
  • After hearing the staff explanation and colleague comments, Chair Nelson stated he could support the item. A motion was made by Supervisor Hartman and seconded to approve Item A-10. The motion passed unanimously.

Item A-26: Statement of Commitment to Equity and Inclusion

  • Chair Nelson, who had requested the item be pulled, proposed an amendment to add "socio-economically disadvantaged" to the list of groups mentioned in the statement to address barriers caused by poverty. Supervisor Hart supported the addition. Supervisor Hartman agreed to the amendment.
  • Chair Nelson then made a statement disavowing white supremacy and racism, while expressing discomfort with the terms "systemic racism" and "structural racism," arguing they could shut down open discussion. He stated he supported the statement’s intent but believed the language could be counterproductive.
  • Supervisor Lavanino raised concerns about the term "Latinx," noting that many in the Hispanic community do not use or understand the term, and suggested the county should use terminology that correlates with community usage. Supervisor Williams agreed, noting that many educated Latinos prefer "Latino/Latina" and that terms should not be thrust upon the community. Supervisor Hartman supported the evolution of language, citing the adoption of "Ms." and the singular "they." Supervisor Lavanino suggested the county engage the community to determine preferred terminology. Staff noted that Community Services had funded outreach to discuss language use.
  • Public Comment: Thomas Becker spoke regarding the use of the term "Hispanic" versus "Latinx," stating he uses "Hispanic" as it is the term used by county staff and is more widely understood. He also raised concerns about high-density housing developments targeting the Hispanic community, referencing comments submitted to the SBK regarding the Connect 2050 Regional Transportation Plan.
  • Supervisor Hart stated the statement was a response to community demands for solidarity and racial equity. Supervisor Hartman added that the statement was the beginning of a broader county leadership process.
  • A motion was made by Supervisor Hartman and seconded by Supervisor Williams to approve Item A-26 with the amendment adding "socio-economically disadvantaged" to the list of groups. The motion passed unanimously.
Passed 4–0 · unanimous

Item A-29: Resolution Honoring Solvang Chamber of Commerce

  • The Clerk read the item into the record. Public Comment: Tracy Baird thanked the Board for the proclamation honoring the Solvang Chamber of Commerce’s 100th anniversary and its continued support of local businesses during the pandemic.
  • A motion was made by Supervisor Hartman and seconded to approve Item A-29. The motion passed unanimously.
Passed 4–0 · unanimous

General Public Comment

  • Mark Shatillo spoke regarding the Board’s calendaring process. He requested that the Board direct the executive office and clerk to post the long-range calendar on the county website weekly to improve public access and predictability, noting that the Planning Commission already publishes an advanced calendar. He also encouraged the Board to continue using Zoom for accessibility.

Departmental Item 1: COVID-19 Update

  • Dr. Pernoso presented a briefing on COVID-19 data. Key points included:
  • Data Trends (Jan 11–25): 31% increase in cumulative recovered cases, 23% decrease in active cases, 42% decrease in hospitalized cases, and a 34% increase in cumulative deaths.
  • Regional Status: The county was moved out of the regional stay-at-home order due to projected ICU capacity exceeding the 15% threshold.
  • Blueprint Tier: The county was placed in the Purple Tier with an adjusted case rate of 49.5 per 100,000.
  • Permitted Activities: Outdoor private gatherings (up to 3 households), outdoor operations for restaurants, bars, wineries, museums, zoos, and fitness facilities. Indoor operations allowed at 25% capacity for lower-risk retail and personal care.
  • Vaccine Distribution: 44,825 doses were distributed by Public Health to clinics, healthcare providers, hospitals, and pharmacies. Marion Regional Medical Center received an additional 12,955 doses through a multi-county allocation controlled by Dignity Healthcare. Vaccines were distributed to providers in Carpinteria, Lompoc, Santa Barbara, and Santa Maria, serving both local and out-of-area patients.
  • Chair Nelson asked for clarification on the total vaccine count and Marion’s allocation. Dr. Pernoso confirmed that the 12,955 doses at Marion were not under Public Health’s direct control and served both Santa Barbara and San Luis Obispo counties. Supervisor Williams asked about the usage of vaccines allocated to nursing homes and assisted living facilities.

Vaccination Data and Administration

  • Staff reported that the last data run indicated 65–75% of administered vaccines were utilized, with the remaining 25–30% designated for upcoming clinics. Supervisor Hartman requested data on the number of healthcare personnel and individuals over 75 vaccinated. Staff noted they had not robustly considered the Los Angeles County data suggesting actual case counts may be double reported numbers, but committed to reviewing this and providing an update the following week.

Registration Systems

  • Supervisors Hartman and Lavagnino raised concerns about difficulties for seniors in using the online registration system and the high volume of calls to the 211 hotline. Staff explained that 211 call center staff assist residents with registration when appointments are available. Staff announced that a demo of the state’s new "My Turn" app was scheduled for the following day, which is expected to simplify the registration process.

CDPH Policy Changes

  • Supervisor Lavagnino inquired about reports that the California Department of Public Health (CDPH) was shifting to an age-based rollout framework. Staff confirmed they were receiving real-time guidance from CDPH and that the Governor was expected to announce the new allocation mechanism and age framework that day. Staff committed to providing written updates once received.
Passed 4–0 · unanimous

Appointment Management and Equity

  • Supervisor Hartman requested that call center staff be empowered to set up appointments for over-75 and special needs individuals, and suggested allowing future appointments even if vaccine supply is uncertain to maintain an orderly queue. Staff clarified that they currently book appointments where available, up to two months out, and are working with pharmacies to host closed clinics for the 75+ population to bypass online registration hurdles.

Vaccine Waste and Prioritization

  • Supervisor Hart asked about reports of individuals receiving vaccines outside the prioritization system. Staff stated that the county’s goal is to minimize waste (currently less than 1% waste rate) and that providers have discretion to use leftover doses for eligible individuals to prevent spoilage. Staff confirmed that the immunization team is monitoring providers for compliance with state attestations and public health guidance. Supervisor Hart raised concerns about duplicate appointments and "shopping" for earlier slots, suggesting overbooking strategies similar to airlines. Staff noted that the decentralized nature of provider appointment systems complicates tracking, but hoped the "My Turn" app would integrate databases to address this.

School Reopening and Sports

  • Supervisor Nelson asked if it was premature for schools to cancel sports and in-person instruction given high case rates. Staff indicated that while the county is in the Purple Tier, state projections suggest case rates will trend downward, potentially allowing movement to lower tiers (Red, Orange, Yellow) which would permit more sports activities. Supervisor Nelson clarified that the state requires a case rate of 25 per 100,000 for in-person instruction, compared to the current 49.5. Supervisor Hartman suggested that the county facilitate waiver applications for school districts so they are ready to submit immediately if case rates drop. Staff confirmed they are actively assisting schools with safety plan submissions (formerly waivers) and noted that three applications had been received. Staff confirmed that outdoor low-impact sports (e.g., cross country, golf, tennis) are permitted under current Purple Tier guidelines.

Public Comment

  • Andy Caldwell (Colab): Commented on vaccine distribution efficiency, the intersection of first and second dose scheduling, and the state’s return to the Purple Tier. He urged the board to write to school boards and unions to commit to reopening at the earliest possible time. He also advocated for indoor dining, citing restaurant closures and the lack of scientific evidence for its danger.
  • Tom Becker: Questioned whether vaccine distribution statistics are documented by race or ethnicity, suggesting potential underrepresentation of the Hispanic population. He asked for data on the number of at-risk individuals vaccinated versus the total at-risk population. He requested that the Connect 2050 RTP study infection, hospitalization, and death rates for Hispanic populations in high-density versus low-density housing. He criticized previous comments regarding isolation for households with at-risk individuals, arguing it is impossible in multi-generational high-density housing.
  • Terry Strickland: Criticized the new public comment system as less user-friendly than previous methods. Speaking on behalf of a coalition of local businesses, he urged the reopening of the Central Coast, citing economic devastation and weather-related difficulties with outdoor operations. He questioned the protocol for treating positive COVID-19 patients, noting that local doctors reportedly do not prescribe steroids or antibiotics, and asked who decides this protocol.

Decision

  • Supervisor Hartman moved to receive and file the report. The motion was seconded. The motion passed unanimously.

Departmental Item 2: Interim Greenhouse Gas Emissions Thresholds of Significance

  • Staff presented interim greenhouse gas (GHG) emissions thresholds of significance for CEQA review. This effort was initiated because the county’s original Climate Action Plan (CAP) targets were not being met, and the board directed the development of a new 2030 CAP. Until the new CAP is adopted, the county cannot rely on the previous Environmental Impact Report (EIR) for GHG assessments. Staff proposed amending the Environmental Thresholds and Guidelines Manual to include these interim thresholds to provide predictability, reduce project costs, and streamline the review process.
  • Consultant Ascent Environmental explained that thresholds were developed by analyzing permit application trends over the last 10 years and forecasting project types and volumes through 2030. The thresholds are designed to ensure that new development emissions do not exceed the county’s 2030 target of 50% below 2007 levels.

Proposed Thresholds

  • Screening Threshold: 300 metric tons of CO2e per year. Projects below this threshold are considered to have a less than significant impact without further analysis. Approximately 15% of new projects are expected to exceed this.
  • Significance Threshold: 3.8 metric tons of CO2e per service population (population + employment) per year. Projects exceeding this threshold are determined to have a significant impact unless mitigated.
  • Screening Criteria: A size-based table was provided to help planners quickly assess if a project exceeds the screening threshold (e.g., single-family housing under 62,000 sq. ft. is anticipated to be below the threshold).
Passed 4–0 · unanimous

Mitigation Measures

  • Staff presented a list of potential mitigation measures (Attachment 5) to be used if a project exceeds the significance threshold. The hierarchy of preference is: 1) Project/site-specific measures, 2) Local measures, 3) Regional/state-level measures. Staff noted that project-specific measures (e.g., EV charging, solar) are often more efficient to implement.

CEQA Review

  • Staff determined the interim thresholds effort is not a project under CEQA. The Planning Commission unanimously recommended adoption.
Passed 4–0 · unanimous

Q&A

  • Supervisor Nelson asked about the discretion of applicants in choosing mitigation measures. Staff explained that planners and applicants work together, with applicants factoring in financial feasibility. Supervisor Nelson asked if there are incentives for local mitigation. Staff stated that while alternatives were considered, the focus remained narrow for this interim step, and incentive programs may be explored during the final CAP update.

Public Comment

  • Andy Caldwell (Colab): Argued against the push for all-electric housing and vehicles, citing insufficient electricity grid capacity and the risk of power outages affecting essential appliances. He criticized the proposed Vehicle Miles Traveled (VMT) fee as double taxation. He argued that the current approach creates perverse incentives for small infill projects rather than master-planned communities, which would allow for better infrastructure and amenities.
  • Tom Becker: Stated that he has submitted comments to the SBK for the Connect 2050 RTP and its EIR. He argued that the state is not technology-neutral, favoring electric vehicles over ethanol/flex-fuel vehicles (E85), which he claimed are viable alternatives with closed-loop CO2 profiles. He urged the board to consider these alternative technologies.
  • Timothy Mahoney (SoCal Gas): Discussed renewable natural gas (RNG) derived from waste streams, landfills, and agricultural operations. He noted that the California Public Utilities Commission approved a green natural gas tariff and suggested that RNG, microgrids, and fuel cells should be incorporated into county thresholds and mitigation measures to reduce greenhouse gases.

Board Response and Discussion

  • Board members discussed the implications of electric vehicle charging on the grid, noting that off-peak charging aligns with surplus renewable energy. The conversation shifted to the preference for local mitigation measures versus out-of-state offsets. Supervisor Hartman expressed a policy preference for local mitigation to generate local economic benefits, noting that buying offsets in other states (e.g., Texas) is undesirable. Supervisor Lavagnino stated that local mitigation options are currently limited, making out-of-state options a practical necessity, and advocated for creating more local opportunities. Supervisor Hartman added that the challenge lies in establishing equivalency standards for local GHG reductions. Chair Nelson suggested using incentives rather than penalties to encourage local mitigation. Supervisor Hart emphasized the importance of local mitigation for community perception but acknowledged the difficulty of achieving 100% local mitigation. An unidentified speaker suggested collaborating with the Air Pollution Control District to scale a pilot program for retiring two-stroke engines as a local mitigation outlet.
  • Senior Planner Selina Evelsizer-Whitney clarified that there are no fees associated with Vehicle Miles Traveled (VMT) thresholds at this time. She stated that while specific mitigation options may not be listed in the guidelines, any equivalent option, including those involving renewable natural gas, can be proposed and examined for future projects.
  • Chair Nelson raised concerns regarding the county’s goal of reducing emissions 50% below 2007 levels, questioning whether this regulatory burden is appropriate given the economic downturn and potential impact on housing and business opportunities. Supervisor Hartman suggested this issue requires further discussion during the preparation of the Environmental Climate Action Plan (ECAP). Supervisor Hart viewed the item primarily through a housing lens, supporting incentives for construction near jobs.

Motion and Vote

  • Supervisor Hartman moved to adopt Staff’s Recommendations A and B. Supervisor Hart seconded the motion. The motion passed unanimously.

Closed Session

  • The Board recessed to closed session to consider four matters: 1. Existing litigation: AT&T Mobility v. County of Santa Barbara. 2. Existing litigation regarding real property tax: Santa Ana’s Band of Mission Indians v. County of Santa Barbara. 3. Conference with real property negotiators regarding parcels at the Teague West Landfill (363 Teague West Landfill Road and 14470 Calle Real Road). 4. Conference with labor negotiators for Service Employees International Union Local 620.
  • Upon reconvening, the County Counsel reported that the Board considered these four matters in closed session. No reportable actions were taken.

Departmental Item 3: Ocean Vistas LLC Zoning Map Amendment and Comprehensive Plan Amendment

  • Case Numbers: 20RZN1 and 20GPA1 (First District).

Ex Parte Disclosures

  • Supervisor Hart reported touring the location with the applicant’s consultant, Jennifer Siemens.
  • Supervisor Lavagnino reported a Zoom conference call with Jennifer Siemens and project architects regarding site plans and the proposed conversion of the water tank.
  • Supervisors Hartman, Nelson, and Williams reported no ex parte contacts.

Staff Presentation

  • Staff presented a proposal to rezone a 0.47-acre parcel at 1516 East Mountain Drive from Public Utilities to Single-Family Residential (2-acre minimum) and change the land use designation from Public Utilities to Semi-Rural Residential. The parcel contains a water tank out of commission since 2000. The project involves no new development but seeks to allow the conversion of the existing tank into a residence. The project is exempt from CEQA environmental review. The Montecito Planning Commission recommended approval by unanimous vote.

Applicant Presentation

  • Jennifer Siemens, land use agent for Ocean Vistas LLC, presented the project details. She highlighted that the tank is minimally visible from public areas, blends with the hillside, and is a fireproof concrete structure. The proposal involves minimal grading, bringing the driveway up to fire department standards, and avoiding the demolition of the tank. She noted support from neighbors, the Board of Architectural Review, and planning staff, citing the project as an example of adaptive reuse.

Board Discussion

  • Supervisor Hart supported the project as a creative example of adaptive reuse with low environmental impact, noting the structure’s unique defensibility and fire-resistant nature. She stated she would not consider this a precedent for additional single-family zoning in the area due to fire risks. Supervisor Lavagnino echoed support, noting the low impact on the neighborhood.

Motion and Vote

  • Supervisor Hart moved to adopt the four staff recommendations. Supervisor Hartman seconded the motion. The motion passed unanimously.

Departmental Item 4: KPMG Operational Performance Review of the Santa Barbara County Probation Department

  • KPMG presented their operational performance review, part of the "Renew 22" effort. The review focused on strategy, staffing, and data management.
  • Commendations: KPMG commended the department for its dedication, data-driven decision-making, reduction in juvenile detention (average daily population down >30% since 2014), and reduction in adult technical violations.
  • Recommendations:
  • 1. Strategy: Codify overarching priorities and align divisional budgets to county-level goals. 2. Staffing: Implement workload-based caseload allocation for community supervision and demand-based staffing for juvenile facilities to align resources with population changes and supervision intensity. 3. Data: Expand data and performance management capabilities, including dynamic dashboards and reduced manual intervention.
  • Juvenile Costs: KPMG noted that while juvenile populations have declined, the annual cost per youth has increased (approx. $250,000 for Juvenile Hall and $310,000 for Boys Camp in FY 2019). They recommended reassessing staffing levels based on demand peaks.
  • Chief Probation Officer Tanya Heitmann stated that the report validates the department’s direction and proactive approach to legislative changes. She highlighted ongoing initiatives, including strategic goal development, performance measurement improvements, and partnerships for evidence-based practices (e.g., with UC Irvine). She noted challenges with recruitment and vacancies but expressed confidence in the staff’s ability to implement recommendations and manage resources effectively.
  • Supervisor Hart praised the department’s commitment to data and its role as a change agent, particularly in reducing the juvenile offender population and engaging in regional collaborations to reduce costs. Supervisor Williams described the Probation Department as a "student" that takes recommendations seriously and is committed to improving efficiency and relevance.
Passed 4–0 · unanimous

Discussion

  • Board members discussed the Probation Department’s approach to adapting to changing state regulations and best practices. Supervisor Lavagnino noted the department’s focus on data-driven decision-making and the associated costs of implementing new systems. Supervisor Hartman inquired about aligning departmental objectives with county-wide goals. KPMG representatives and the CEO explained that departments often lack a clear overarching county strategy to guide their initiatives and suggested that departments should articulate how their work contributes to broader community outcomes. The CEO noted that while departments have strong leaders, there is a need to integrate initiatives and communicate value to the Board and community more effectively.
  • Supervisor Nelson raised concerns about decentralized IT resources and the overtaxing of IT managers, suggesting a move toward centralized IT capabilities to improve efficiency. The CEO confirmed that KPMG had previously recommended a central IT department and that General Services is currently exploring how to implement this carefully. Supervisor Hartman emphasized the need to proceed slowly to ensure systems integrate properly. Supervisor Hart highlighted the Probation Department’s internal reallocation of resources to create a functional data division, noting they did not wait for additional funding to improve data capabilities.

Motion and Vote

  • A motion was made to move the item except for recommended actions. The motion was seconded. The motion passed unanimously.

Agenda Item 5: KPMG Operational and Performance Review of the District Attorney’s Office

  • KPMG presented findings from their review of the District Attorney’s (DA) Office, which has 142 employees and a $28.6 million budget. Key commendations included the development of a Misdemeanor Diversion Program, efforts to address digital discovery challenges, and the procurement of an updated case management system.
Passed 4–0 · unanimous

Key Findings and Recommendations

  • Workload and Staffing: KPMG recommended enhancing time and workload tracking for attorneys, investigators, and support staff to better allocate resources and identify opportunities to delegate tasks from higher-cost roles to support staff.
  • Digital Discovery: The volume of digital discovery (audio, cell phone extracts, transcripts, videos) doubled between FY14 and FY18, with growth rates approaching 200% for certain media types. This creates a significant workload, estimated at 15 to 30 full-time employee equivalents. KPMG recommended tracking processing times, leveraging non-sworn investigative technicians, and collaborating with partner agencies (Sheriff, Public Defender) to manage this workload.
  • Data and Metrics: The current case management system requires heavy data cleansing, hindering performance management. KPMG recommended developing interim solutions using Power BI to provide real-time dashboards for caseload and workload monitoring. They also suggested expanding outcome tracking for diversion programs, including completion rates and cost savings.
  • The DA’s Office representative stated that the office is already implementing Power BI to improve metrics visibility and is exploring multiple platforms to handle the unprecedented volume of digital discovery. They noted that the new case management system, funded by the Board, will improve data recovery but takes time to implement. The office is also seeking to establish a data analyst position to interpret data and inform staffing and trend analysis.
Passed 3–1 · against: Nelson
Passed 3–0 · unanimous

Discussion

  • Supervisor Hartman expressed concern about the daunting nature of managing digital discovery. The DA explained that the bottleneck often lies with law enforcement agencies providing the initial discovery, creating a dependency chain that affects the defense and courts. The DA emphasized the need for resources to support law enforcement in generating discovery.
  • Supervisor Lavagnino asked about the nature of the technology platforms being considered. The County CFO explained that there is no single enterprise solution; the office is exploring various vendors and systems to consolidate discovery processing and distribution among criminal justice partners.
  • Supervisor Hart highlighted the opportunity to track outcomes for individuals diverted from jail due to COVID-19 public health measures. He suggested a collaborative effort between Probation, the DA, and the Sheriff to conduct a "deep dive" into the recidivism and reintegration of these individuals to inform future policy. The DA agreed, stating that such analysis requires manual, individualized follow-up rather than just statistical data, and expressed willingness to collaborate on this effort.
  • The CEO noted that KPMG would return in two weeks to present the Sheriff’s report and a summary of cross-departmental themes, including data on diversion, discovery, and court continuances.

Motion and Vote

  • A motion was made to approve the recommended actions. The motion was seconded. The motion passed unanimously.

Agenda Item 6: Urgency Ordinance to Temporarily Prohibit Commercial Evictions

  • Supervisors Hart and Lavagnino presented an urgency ordinance to extend the temporary prohibition on commercial evictions through March 31, 2021. The current ordinance expires on January 31, 2021. The proposed ordinance aims to provide commercial tenants with protections similar to those afforded to residential tenants under AB 3088.
Passed 3–1 · against: Nelson

Key Provisions

  • Tenants must provide written notice to owners and demonstrate under penalty of perjury that their failure to pay rent is due to COVID-19.
  • Tenants are required to pay 25% of rental payments due between September 1, 2020, and March 31, 2021, consistent with existing lease schedules.
  • The ordinance does not relieve tenants of the obligation to pay rent or restrict landlords' ability to recover rent due in the future.

Discussion

  • Supervisor Lavagnino noted that the state legislature is actively working on bills to address commercial rent relief, including a potential $2.5 billion federal relief package, which may impact the necessity of the local ordinance.
  • Supervisor Nelson expressed concerns about the impact on small landlords who rely on rental income and may not have access to the same financial assistance programs as tenants. He noted that some landlords have used the ordinance as a reason to refuse negotiation. He stated he was likely not to support the ordinance due to these concerns.
  • Supervisor Hart emphasized the vulnerability of restaurants and bars that have been closed for months, arguing that evicting them would result in the loss of viable businesses and that the ordinance is a necessary, albeit imperfect, solution to keep them in operation.
  • Supervisor Williams raised a concern about whether the 25% payment requirement could be interpreted as a lump sum payment at the end of the period. The County Counsel clarified that the ordinance explicitly requires monthly payments consistent with the lease, removing ambiguity.
  • The County Counsel noted that the ordinance provides relief independent of court proceedings, which may be delayed or unavailable.

Motion and Vote

  • Supervisor Hart moved to adopt the urgency ordinance, read the title, waive further reading, and determine the ordinance is exempt from CEQA. The motion was seconded. The motion passed with a 4-1 vote.

Adjournment and Additional Information

  • The CEO provided an update regarding the storm risk decision team’s recent meeting. It was noted that burn scar areas in the Eastern Goleta Valley, the Cave Fire burn scar, and the Thomas Fire burn scar are being upstaffed due to rainfall and vegetation growth. However, no extraordinary measures are being implemented beyond standard Public Works preparations, such as channel clearing. The CEO stated that another storm risk decision team meeting is scheduled for the following day.
  • Chair Nelson adjourned the meeting until February 2, 2021.