Meeting Summary
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
Palooche Project Hearing
- The board continued the hearing to the March 9, 2021, agenda.
- The applicant and appellant representatives confirmed their agreement to the continuance.
- County Counsel recommended ruling out public comment on the continuance issue.
Passed 4–0 · unanimous
Public Health Department – COVID-19 Update and Vaccine Equity
- Active cases decreased by 45% over two weeks, while deaths increased by 17% to a total of 413.
- A pilot vaccination clinic for farm workers administered 496 doses using bilingual staff and interpreters.
- The board approved staff recommendations regarding vaccination distribution and compliance enforcement.
District Attorney – Extra Help Services and Retirement Waiver
- The board approved an exception allowing a retired professional to return as extra help for transition support.
- Staff explained that the need is not directly connected to COVID-19 and the replacement hiring process is ongoing.
Passed 4–0 · unanimous
Public Health – Microenterprise Home Kitchen Operations (MECO)
- The board approved an ordinance and fee resolution to authorize home-based food businesses countywide.
- MECOs are limited to one per residence and are subject to state sales volume limits.
- The ordinance includes an annual health permit fee of $391 and one-time plan check fees.
Passed 3–0 · unanimous
State Water Project (SWP) Contract Amendments
- The board approved Amendment 20 to extend the SWP contract expiration date to 2085.
- The board tabled Amendment 21 regarding water sales to allow staff time to negotiate terms with CCWA.
- Supervisors expressed a preference for protecting local water resources and ensuring revenues benefit local infrastructure.
Passed 3–1 · against: Nelson
Personnel Ordinance Amendment and Office Hours Resolution
- The board approved the first reading of an ordinance updating personnel rules and a resolution establishing office hours.
- Staff noted that final adoption is scheduled for the next meeting to allow time to resolve issues with bargaining groups.
FY 2020-21 Second Quarter Budget and Financial Status Report
- The General Fund is projecting a net positive variance of $4.9 million driven by higher property and cannabis tax revenues.
- Transient Occupancy Tax is projected $2.8 million below budget due to continued restrictions and hotel closures.
- The board received and filed the report after discussing variances in specific funds.
Passed 4–0 · unanimous
Closed Session
- The board considered a threat of litigation regarding an accessory dwelling unit application.
- The board considered a public employee appointment for County Council.
- County Council reported that no reportable actions were taken during the session.
Full summary
Call to Order and Roll Call
- The March 2, 2021, meeting of the Santa Barbara County Board of Supervisors was called to order. A roll call confirmed the presence of Supervisors Lavinino, Williams, Hart, and Hartman, and Chair Nelson. The board recited the Pledge of Allegiance.
Approval of Minutes
- The board considered the minutes from the February 9, 2021, and February 23, 2021, meetings. A motion was made and seconded to approve the minutes. The motion passed unanimously.
No decision 0–0
Passed 4–0 · unanimous
Announcements
- The Clerk provided announcements regarding a continuation request for Departmental Item 4 (Palooche hearing) to the March 9, 2021, agenda. The Clerk noted that board meetings are interpreted in Spanish via SAP for clock subscribers and that Comcast is expected to broadcast meetings in Spanish by the end of March 2021. Instructions for public participation via Zoom and telephone were reviewed, including the three-minute time limit per speaker.
County Executive Officer’s Report
- The County Executive Officer reported that there were no additional reports for the morning session.
Passed 4–0 · unanimous
Passed 4–0 · unanimous
Passed 3–1 · against: Nelson
Administrative Agenda
- The board reviewed the administrative agenda. Supervisor Williams highlighted Administrative Item 19, a resolution proclaiming Peace Corps Week. One request for public comment was received for Item 19.
- Public Comment: Naomi Kovacs, President of the Santa Barbara Peace Corps Association, expressed appreciation for the board’s recognition of the Peace Corps’ 60th anniversary and the local association. She highlighted the contributions of returned volunteers and encouraged the public to connect with the local group.
- Motion: A motion was made and seconded to accept the entire administrative agenda. The motion passed unanimously.
No decision 0–0
Passed 4–0 · unanimous
Passed 4–0 · unanimous
Departmental Item 4: Palooche Project Hearing (Continuance)
- The board addressed Departmental Item 4, a hearing regarding recommendations for the Palooche project. Supervisor Hartman moved to continue the item to the March 9, 2021, agenda. The motion was seconded.
- Discussion: The County Counsel recommended hearing from the parties to confirm their agreement to the continuance. The applicant’s representative stated that the applicant fully supported the continuance, noting that a settlement had been reached and revisions to the project description were being prepared. The appellant’s representative concurred. The County Counsel recommended ruling out public comment on the continuance issue. The Clerk confirmed no public comment had been received.
- Motion: The motion to continue Departmental Item 4 to March 9, 2021, was passed unanimously.
Departmental Item 1: Public Health Department – COVID-19 Update and Vaccine Equity
- The board heard a presentation from the Public Health Officer regarding the status of COVID-19 in Santa Barbara County.
- Data Update: Active cases decreased by 45% over the last two weeks, while deaths increased by 17% (totaling 413). Hospitalizations decreased by 50%, and ICU rates decreased by 32%. The seven-day rolling sum of new cases showed decreases in all regions, with the highest decrease in Isla Vista.
- Blueprint Metrics: The anticipated adjusted case rate was 13 (adjusted from 15), and the positivity rate was 5.1%. The health equity metric positivity rate was 8.2%.
- Vaccination Efforts: Vaccine allocation has increased. The county moved beyond Phase 1A, continuing to vaccinate healthcare workers and those 75 and older, while also vaccinating Phase 1B groups (adults 65+, emergency services, food/ag workers, and education/childcare). A 70/30 distribution plan was implemented, with 70% of allocations going to the healthcare system for those 65+ and education sectors, and 30% to public health community sites for food/ag, childcare, and emergency services.
- Farm Worker Pilot: A pilot vaccination clinic for farm workers was held at the Santa Maria Health Care Center, administering 496 vaccines. The clinic utilized bilingual staff and interpreters for Spanish and Mixteco dialects. Key learnings included the importance of trusted community partners for enrollment, the effectiveness of real-time bilingual communication, and the efficiency of the staffing model.
- Johnson & Johnson Vaccine: The county noted the Emergency Use Authorization for the Johnson & Johnson vaccine, highlighting its single-dose nature, standard refrigerator storage requirements, and protection against variants.
- School Reopening and Sports: The county is reviewing safety plans for three schools. Outdoor high-contact sports (e.g., basketball, football) may resume if the adjusted case rate falls below 14 per 100,000, subject to conditions such as weekly testing for coaches and players aged 13 and older, face coverings, and social distancing.
- Compliance and Enforcement: Kelly Hubbard, Director of OEM, presented on compliance and enforcement. Approximately 1,600 complaints have been received, with 43% within county jurisdiction. Enforcement actions include administrative citations (3 issued, all in Isla Vista), formal notices to comply (22 issued by Environmental Health Services), and civil/criminal referrals. The Sheriff’s Department referred seven cases to the DA’s office, all in Isla Vista. The board discussed the criteria for unfair competition law violations, noting that the DA’s office focuses on businesses making money by violating orders rather than those losing money by complying. The board also discussed the potential for cities to opt into the county’s administrative citation ordinance and the coordination with state regulatory agencies like Cal OSHA and the ABC.
- Public Comment:
- Terry Strickland criticized the public comment system as confusing and called for the public to be allowed to speak in person. He expressed frustration with California’s restrictions compared to other states and advocated for opening schools, businesses, and sports activities.
- Jennifer Lopez supported the priority given to farm workers for vaccination, citing the essential nature of their work and the disparity in COVID-19 infections among immigrant communities. She thanked partner organizations for their assistance.
- Fernando Martinez (Mixed Eco Indigena Community Organizing Project), Sandra Espino, and others regarding the Public Health Department’s efforts to vaccinate farm workers and Indigenous communities. Speakers highlighted the success of a recent pilot clinic, the importance of culturally and linguistically appropriate outreach, and the need for continued equity-focused distribution strategies to address barriers such as lack of internet access and language differences.
- Anahi Santos, Leslie Guzman, Zulema Aleman, and Leo Ortega expressed gratitude for the vaccination clinics and outreach efforts by CAWS, MICOP, and the Public Health Department. They emphasized the essential nature of farm workers and the specific challenges they face regarding health risks and access to resources.
- Motion: Supervisor Lavagnino moved to approve staff recommendations A through C. Supervisor Williams seconded the motion. Supervisor Hart commented on the collaboration with community partners, noting that the state has recognized this approach as a model. The motion passed unanimously.
General Public Comment
- The board noted 11 requests for general public comment. Due to technical issues and time constraints related to the Public Health Officer’s availability, the board decided to delay general public comment until after Departmental Item 1. Fourteen individuals requested to speak on general public comment. The following topics were addressed:
- Small Cell Wireless Facilities: Katie Mickey and Odile Thomas raised concerns regarding the safety of small cell wireless facilities, citing potential fire risks from smart meters and exposure to microwave radiation. They requested revisions to the county code to include fire safety requirements and setback ordinances, referencing legal advice from attorney Andrew Campanelli.
- San Marcos Preserve Development: Christina Wilburn and Nick Kahn expressed opposition to the proposed development in the San Marcos Preserve (Bridge to Nowhere). Kahn cited concerns regarding environmental destruction, police tactics during a recent incident involving arrests of Indigenous women, and the prioritization of private profit over public safety and ecological preservation.
- Black History Month and DEI: Linda Honickman shared positive observations regarding local efforts to celebrate Black History Month and the Board’s response to previous comments. She acknowledged the work of local organizations in promoting diversity, equity, and inclusion (DEI) and expressed support for the Board’s guidance on these matters.
Departmental Item 2: District Attorney – Extra Help Services and Retirement Waiver
- The District Attorney’s Office requested an exception to allow retired Senior Legal Office Professional Julie Rota to return as extra help to assist with the transition and training for a new restitution specialist. Staff explained that while a general suspension of such requirements exists due to Executive Order 2520, this specific case was recommended for approval because the retirement was recent, the need is not directly connected to COVID-19, and the hiring process for the replacement position is ongoing.
- Discussion: Supervisor Nelson inquired about succession planning and how the department manages transitions for critical positions. Staff and the CEO’s office noted that while departments are responsible for planning, retirements can be unpredictable, and double-filling positions is an option for hard-to-fill roles if budgeted.
- Motion: Supervisor Hartman moved to approve staff recommendations A through C. Supervisor Williams seconded the motion. The motion passed unanimously.
Departmental Item 3: Public Health – Microenterprise Home Kitchen Operations (MECO)
- Public Health Director Dr. Dori Reynoso and Environmental Health Services Director Lars Seifert presented an ordinance and fee resolution to authorize Microenterprise Home Kitchen (MECO) operations countywide. MECOs allow home-based food businesses to prepare and sell meals directly to consumers, subject to state limits on sales volume ($50,000/year), employee count, and delivery methods (no third-party delivery or resale). The proposal includes an annual health permit fee of $391 and one-time plan check fees. Staff noted that state law allows counties to opt-in, and if approved, the ordinance would apply to incorporated cities as well. No objections were received from city managers during outreach.
- Discussion: Supervisor Hartman asked about the relationship with cities and fee structures. Staff confirmed that the ordinance would bind cities and that the $391 fee is annual, while plan check fees are one-time. Supervisor Nelson inquired about land use permits and multiple MECOs per residence. Staff clarified that MECOs are considered a residential use under state law, requiring no change of use permit, and are limited to one per residence.
- Motion: Supervisor Hartman moved to approve staff recommendations A through F. Supervisor Lavagnino seconded the motion. The motion passed unanimously.
Departmental Item 5: State Water Project (SWP) Contract Amendments
- Public Works presented recommendations regarding two amendments to the State Water Project contract: Amendment 20 (Contract Extension) and Amendment 21 (Water Management).
- Amendment 20 (Contract Extension): This amendment extends the SWP contract expiration date from 2038 to 2085. Staff recommended approval, noting that the Central Coast Water Authority (CCWA) and County Council revised the Transfer of Financial Responsibility Agreement (TEFRA) to affirm it remains in full force. Staff noted that approval would allow for the financing of capital expenditures over a longer period and provide financial benefits, including credits against bills and elimination of interest on undercollections. CCWA’s Executive Director stated that the amendment is purely financial and that without it, the county would face higher costs and limited financing options. County Counsel noted that while the amendment extends liability for future state facilities, the county has already opted out of the Delta Conveyance Project, and the "Evergreen" clause alternative does not offer the same financing benefits or market clarity.
- Amendment 21 (Water Management): This amendment allows for the sale and purchase of SWP water outside the county. Staff recommended not approving this amendment at this time, suggesting instead that staff continue discussions with CCWA to determine implementation terms. CCWA’s Executive Director urged approval, stating that the amendment is already effective for other contractors and is necessary for the county to purchase supplemental water during droughts and to lease water to offset costs for new infrastructure like potable reuse. He noted that CCWA adopted a "right of first refusal" resolution requiring water to be offered to in-county participants before out-of-county sales.
- Public Comment:
- One speaker opposed both amendments, arguing they commit the county to unknown debt and facilitate the Delta Tunnel Plan, suggesting the "Evergreen" clause is a safer alternative.
- The Acting Public Works Director for the City of Santa Barbara supported both amendments, emphasizing the need for flexibility to lease state water to fund potable reuse and to purchase supplemental water during droughts.
- A representative from Montecito Water District supported both amendments, citing the need to diversify supply and offset desalination costs.
- A representative from Santa Barbara Channel Keeper suggested that if Amendment 21 is approved, revenues from water sales should be conditioned to be used for local water resiliency, conservation, and recycling infrastructure.
- Discussion: Supervisors discussed the complexities of the financial risks associated with Amendment 20 and the potential impacts of Amendment 21 on county-wide water resilience. Concerns were raised regarding the "right of first refusal" mechanism and the potential for water to be sold to out-of-county jurisdictions for development rather than local needs. Supervisors expressed a preference for approving Amendment 20 but delaying a decision on Amendment 21 to allow for further negotiation with CCWA regarding terms that protect local water resources and ensure revenues benefit local infrastructure.
- Motion: A motion was made to approve Amendment 20 as revised in the staff memorandum dated March 2nd (specifically regarding Recommended Action A1) and to table the decision on Amendment 21 to a future date to allow staff time to negotiate terms with CCWA. The motion was seconded.
- Vote Outcome: The motion passed.
Departmental Item 6: Personnel Ordinance Amendment and Office Hours Resolution
- Human Resources presented a first reading of an ordinance amending Chapter 27 (Personnel) Articles 1 & 2, along with a resolution establishing county office hours. The ordinance, last adopted in 1971, is being updated to reflect modern workplace practices, clarify the hierarchy of governing documents, and eliminate inconsistencies with current law and collective bargaining agreements. The office hours are being moved from the ordinance to a resolution to allow for greater flexibility in future changes.
- Discussion: Supervisors raised concerns regarding the civil service rules, specifically regarding the definition of "enterprise leader" positions and potential exemptions from civil service protections. Human Resources staff indicated that meetings with bargaining groups were ongoing to address these concerns, with a follow-up meeting scheduled for Friday. Staff clarified that the action required today is a first reading of the ordinance, with the final reading scheduled for the next meeting (March 9th). This timeline allows time to resolve outstanding issues with stakeholders before the final adoption. Staff explained that the ordinance serves as the primary governing document, with subsequent rules and policies cascading from it.
- Public Comment: There was no public comment on this item.
- Motion: A motion was made to approve staff’s recommendation for the first reading of the ordinance amendment and the resolution regarding office hours. Supervisor Williams seconded the motion. The motion passed unanimously.
Departmental Item 7: County Executive Office – FY 2020-21 Second Quarter Budget and Financial Status Report
- The County Executive Office presented the second-quarter budget report as of December 31, 2020. The General Fund is projecting a net positive variance of $4.9 million. Key drivers include higher-than-expected property tax, property transfer tax, and cannabis tax revenues. Sales tax revenues are also above budget, though less severe than anticipated due to the pandemic. Transient Occupancy Tax (TOT) is projected $2.8 million below budget due to continued restrictions and the closure of the Biltmore Hotel.
- Reportable Variances:
- General Fund: Community Services (+$330,000 due to camping fees), Probation (+$1.7 million due to salary savings from vacancies), and Sheriff’s Department (-$700,000 due to COVID-related testing and overtime costs).
- Special Revenue Funds: Social Services (+$1.7 million due to state backfill and reimbursements), Resource Recovery and Waste Management (-$1.7 million due to lower tonnage fees from business closures), and Court Special Services (-$700,000 due to legislative reductions in fines and fees).
- Discussion: Supervisor Hartman asked for clarification on the Resource Recovery deficit, noting an expectation of higher construction waste. Staff explained that while unfranchised waste (direct haulers) has increased, franchised waste (collected by Marburg/Waste Management) has decreased due to business closures, resulting in lower fee revenue. Supervisor Lavagnino noted the trade-off between capacity and revenue. Supervisor Hart asked how ongoing negotiations with contract cities regarding Sheriff’s rates were factored in. Staff confirmed these impacts are projected for the next fiscal year (FY 21-22), not the current report. Supervisor Lavagnino commented on the cannabis tax revenue, suggesting that a portion should be treated as ongoing rather than one-time, given the stability of the market compared to other jurisdictions. Staff noted that a full report on cannabis revenues is scheduled for the following week and that the Board has been budgeting responsibly given market uncertainties.
- Motion: Supervisor Hartman moved to receive and file the report. Supervisor Lavagnino seconded the motion. The motion passed unanimously.
Closed Session
- The Board recessed to closed session to consider two items: a conference with legal counsel regarding a threat of litigation concerning an accessory dwelling unit application, and a public employee appointment for County Council. Upon reconvening, County Council reported that no reportable actions were taken during the closed session.
Adjournment in Honor of a Deceased Individual
- Chair Nelson invited Supervisor Lavinino to propose an adjournment in honor of a recently deceased individual. Supervisor Lavinino stated that former Congressman Bob Lagomarsino had passed away earlier in the month. He noted Lagomarsino’s service in the United States Navy during World War II, his role as a state senator and congressman from 1961 to 1992, and his legislative work regarding marine, wilderness, and wild and scenic river protections, as well as the creation of Channel Islands National Park.
- Action: Supervisor Lavinino moved to adjourn the meeting in honor and memory of Bob Lagomarsino.
- Decision: The motion to adjourn was accepted.
Meeting Conclusion
- Chair Nelson announced that the next meeting is scheduled for March 9th and adjourned the meeting.