UnGovr Transcript
iHow this transcript is madeUnGovr transcribes the official recording with automated speech-to-text, separates speakers by voice, and matches voices to the seated roster. Names and attributions are AI estimates and may contain errors.Verify any quote yourself: click anywhere in the transcript and the official video jumps to that exact moment, so you can check any quote against the recording.0:03 – 0:0711 turns
Good morning, a call to order the March 2nd 2021 meeting in the Santa Barbara County Board of Supervisors. Madam Clerk please call the roll.
Roll call, called by Grand Jury
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All right next up businesses
next item of business excuse me Is approval the minutes from the February 9th 2021 meeting and the minutes from February 23rd, 2021 meeting. Is there any discussion?
So moved
second. Is there any further discussion? Hearing none, Madam Clerk will you please call the roll
Roll-call vote 0–0 moved second. Is there any further discussion? Hearing none, Madam Clerk will you please call the roll · 4 under review
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I
motion passes unanimously.
Thank you. Madam Clerk, are there any announcements or changes to our agenda today?
Chair Nelson and members of the board yes I have a couple announcements this morning we received a continuation request memo from the Planning and Development Department yesterday Monday March 1st 2021 to continue departmental item number four to the March 9th 2021 agenda departmental item number four is from the Planning and Development Department it is a hearing to consider recommendations regarding the Palooche I would also like to remind the public that the Board of Supervisors meetings are now being interpreted in Spanish.
Clock subscribers can turn on SAP, S-A-P under their language settings. Comcast is updating its system and should be broadcasting board meetings in Spanish by the end of March 2021. Lastly, Chair Nelson and members of the Board I would like to remind the public who are participating in our meeting today of the Board's alternative methods of public participation.
For alternative methods of public participation and to provide public comment on general public comment or an item on the board's agenda today, please see page two of our agenda. Individuals that would like to provide verbal public comment you may do so via Zoom by registering in advance via the link available on page 2. After registration you will receive a confirmation email containing information about joining the meeting. Once the chair has announced the item you want to comment on Please join the meeting with that information provided in the registration confirmation email.
The clerk will call you by name or the last four digits of your phone number. When removed from mute, you will hear a notification that your line has been unmuted. If you are using a touchtone phone, you may need to press star 6 to unmute yourself again if you're using a touchtone phone, you may need to hit star six to unmute yourself. Each person may address the board for up to three minutes and this is at the discretion of the chair and if you have any questions please feel free to call the clerk of 568-2240. Thank you, and that is all my announcements this morning.
Thank you Madam Clerk.
Next item of business is the County Executive Officer's Report. CEO Miyasato do you have anything to report today?
0:07 – 0:1120 turns
There are no reports this morning Chair Nelson.
All right thank you. Next item is to approve the approval of the administrative agenda. Do any board members request to pull any items on the administrative agenda? How about in Santa Maria?
You know,
we're good. Thank you.
I was just going to mention a one just highlight that this is yet another permanent supportive housing project that the county is engaged in order to tackle homelessness right?
Thank you supervisor Williams. So do we have any items are being pulled from the public?
Cheryl Nelson and members of the board. We have one request to speak and that is on administrative item number 19
Okay, let's go ahead and move forward with that one. Then we'll take a motion to accept all the administrative items at once.
Chair Nelson and members of the board administrative item number 19 is sponsored by Supervisor Hartman. This is to adopt a resolution proclaiming the week of February 28th, 2021 through March 6th, 2021 as Peace Corps Week in Santa Barbara County and we have one request to speak on this item and that is Naomi Kovacs.
Ms. Kovacs welcome back to the board when you're ready.
Thank you. It's great to see you all. Can you hear me? We
can.
Okay, great and it's fun to be on this side of things. As president of the Santa Barbara Peace Corps Association, I want to extend our organization's sincere appreciation of your board's recognition of the Peace Corps' 60th anniversary and Peace Corps Week which is an annual worldwide event commemorating President Kennedy's establishment of the Peace Corps on March 1st 1961.
We're also grateful for your recognition of the Santa Barbara Peace Corps Association, the Los Angeles Regional Peace Corps office and local returned Peace Corps volunteers for their roles in advancing the Peace Corps mission locally here in Santa Barbara County. UCSB has a long and solid history of producing Peace Corps volunteers And Santa Barbara County has a strong presence of returned Peace Corps volunteers who've come home from their service as global citizens with unique cross-cultural perspectives, as well as leadership, language, teaching and community development skills that provide value in today's global economy and also here locally.
If anyone tuning in right now is interested in learning more about the Peace Corps, they can go to peacecorps.gov and if anyone's interested in connecting locally with our group whether they're a returned Peace Corps volunteer who wants to find other returned Peace Corps volunteers or a teacher who'd like return volunteer to speak to their class about Peace Corps or their personal Peace Corps experiences or any organizations who'd like to have a guest speaker from our group They can Google Santa Barbara Peace Corps Association and get in touch with us.
So thanks again for this recognition and for the opportunity to say a few words.
Thank you, Naomi. At this time I'd like to get a Supervisor Williams.
Thank you, Naomi. I really appreciate you highlighting the Peace Corps as someone who believes in universal service. It's something that we should think about the contributions that people make and appreciate you coming back to the board and saying hi.
Amen. Alright, thank you Supervisor William. At this time I'll take a motion for the entire administrative agenda so moved. Can I get a second? Second any further discussion? Madam Clerk please call the roll
Roll-call vote 0–0 moved. Can I get a second? Second any further discussion? Madam Clerk please call the roll · 4 under review
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I
motion passes unanimously.
Right now is the time
Agenda Discussionitems moved / continued / pulled, click to expand
for members of the public to speak on items that are not on the agenda. Madam Clerk, are there any requests to speak on items not on the agenda today?
Chair Nelson and Members of the Board we have 11 requests to speak on general
public comment this morning okay And if you are a member of the public logging into the meeting this morning and you have not joined the Zoom meeting yet, please do so now. I see there are a number of requests that have not logged in yet. So if you are a member of the public and you have requested to speak on general public comments this morning, please log in now.
0:12 – 0:171 turns
All right, we're going to go ahead and actually take a pause on public comment and actually take a five minute break. We'll be back with you at 912. Thank you. All right, back to the board. Apologize we had some technical issues there and I want to apologize to those of the members of the public that are here for general public comment due to the fact that we have a time constraint for our Public Health Officer.
We have a limited time that he will be available so what we're going to do now is actually delay general public comment after item D1. I do apologize for the inconvenience but we need to be considerate of the time of the Public Health Officer Right now so and before we do D1, we're actually going to jump to D4. We're looking to do a I believe a continuance there.
0:17 – 0:4018 turns
Supervisor Hartman? I would move that we continue D4 to March 9th 2021.
Second. One moment County Council.
Chair and Supervisors, I understand that we've received correspondence from both parties but if we have the parties available it would make sense to just hear from them and that they acquiesce or agree to that continuance to the 9th.
All right Mr. Candy and Miss Petrovich would you be able just to hop on for a second to confirm that is the desire of the applicant and the appellant? Absolutely, yes. Thank you Mr
Candidate. Yes yeah the Peter candy speaking on behalf of the applicant. We are fully in support of the continuance we've reached a settlement which is actually very exciting for us and we're looking forward to getting that implemented we're working with staff Now, to come forward with some revisions to the project description as well as a condition of approval of the project. To present to you at your next meeting. Thank you Mr candy Miss
Petrovich.
We concur Mr
chair
thank you appreciate it your brevity
and Mr chair just recommend also that the clerk of the board rule out any public comment on the continuance issue.
All right so Madam Clerk is there any public comment on the issue of continuance of this item?
Chair Nelson and members of the board, we have not received any public comment on the continuance of this item.
So I will close public comment for this item and is there any further discussion among my colleagues? Not seeing any can I get...I think we do have a motion already in a second Madam Clerk would you please call the roll?
Roll-call vote Passed 4–0 motion already in a second Madam Clerk would you please call the roll?
Show transcript
Motion passes unanimously.
Okay, thank you everybody for letting us get that out of the way next item is departmental item number one and just a reminder to the general to the public we will take general public comment after item D1. D1 will be at least an hour so as you're looking at your time um be prepared to come back in an hour or a little bit longer than that so thank you we'll try to get back to you soon. So
the next item is departmental item 1. Madam Clerk will you please read that item into the record?
Turn Nelson and members of the board departmental item number 1 is from the county executive office. It is a hearing to consider recommendations regarding an update on the coronavirus disease, 2019 cobit 19.
Good morning chair Nelson and members of the board thank you for accommodating doctor answers scheduled this morning and with that if I may have my presentation up. Next. This morning's briefing topics will include our usual Santa Barbara County COVID-19 data update, as well as sharing with your board the anticipated blueprint metrics to be released by CDPH at noon today. We will also update your board on our vaccination efforts, our support of the schools with the school's plans, Director of OEM Kelly Hubbard will be speaking on compliance and enforcement.
Next. This graph describes our case status and is available on our website at publichealthsbc.org. So over the last two weeks, gauging from February 15th through March 1st active cases have decreased by 45%, which is really good news. Unfortunately deaths have increased by 17%. With the final number at 300, I'm sorry, at 413. Hospitalizations have also decreased by 50% from 119 to now 59 ICU rates continue to decrease and during this period by 32%.
So this is really good news. This is what we need to see with regards to the transmission Of COVID-19 in our community next. This graph describes our seven day rolling sum of new cases by the areas from February 11th through February 25th. We are continuing to see decreases in all of our regions with the highest being again another week, the highest decrease is experienced in Isla Vista so that is another Good testament to the work that the county in partnership with I love this community in partnership with UCSB.
Next. This is our anticipated data for the blueprint metrics again to be released by noon this by noon today from CDPH. Our Santa Barbara County metrics are adjusted case rate will be 13. And that number has been adjusted from 15. And the adjustment factor this week is about 0.87. The median test for the state is 346.59 and our county number is at 436.5, so we were minorly adjusted to 13.
Our positivity rate, again good news. Good trend to see it is at 5.1 with our health equity metric positivity rate being at 8.2 so again in summary we are heading downward in a good direction another way of next Another way of depicting our trends is the graph that you are seeing. This is our Santa Barbara County seven day average community test positivity percent as you can see, the testing positivity is decreasing and for this rating period. This is our graph on the seven-day average adjusted case rate per 100,000 community residents.
Continuing to seeing the downward trend, the adjusted case rate from previous week we see a decrease of 23%. So this is really good. Again, good news that we're moving towards the right direction and really wanting to thank our community for their commitment and their vigilance in wearing their mask safe distancing and limiting the gathering next Next, next I'd like to talk about vaccine efforts starting with our vaccine allocation. And this is a graph just to give your board a sense of our allocation and early in January When we were possibly at a very minimal stage where we were getting very, very insignificant number of vaccines. We're seeing an increase as we anticipated and so our allocation has increased and this is only first doses.
We're not even talking about the second doses but increase from the last week's allocation. So with additional vaccine production from Pfizer and from Moderna, with the federal partnerships to CVS and Rite Aid, and the federal partnerships to our community health centers, our own county healthcare centers as well as CHC we are as a community getting an infusion An increase of vaccines across the board.
Next, I'd like to share with your board an update about the farm worker vaccination pilot that we did last weekend. So the goal for this pilot is really for us as a public health department as and for the community to work through cultural and linguistic barriers faced at vaccination clinics in order to respond to the unique needs of our, uh, of the communities presented. So this is in alignment with the strong encouragement from CDPH to do vaccination, to plan for vaccination through an equity lens. Our partners in planning for this pilot included We were able to work with our community partners, such as cause my cop.
496 vaccines this past Sunday at our Santa Maria Health Care Center. In addition to providing vaccines, we also provided health education, providing information on legal medical wellness support and services that are available in our community I'm going to start by saying thank you to all of our community members who made this possible via our county and our partner organizations.
We also had five interpreters on hand to assist with Spanish and multiple Mixteco dialects. And we want to thank Gerencia Indígena for their partnership in providing the interpreters. We also had medical consultation, and of course the vaccination and appointment registration. So everything was conducted really in a bilingual trilingual setting And I walked through the lines and got an opportunity to speak with many of the community members, and the overall sense was really happiness and excitement.
And next. This is the current state of vaccine distribution in our county. We have moved beyond phase 1A with the healthcare workers, however they are still eligible and we are still vaccinating healthcare workers and the 75 plus. And also still eligible is the phase 1B community members Which means adults 65 plus years of age, we are still vaccinating community members in this phase. And newly eligible as of this week are the remainder of the Phase 1B including three sectors. The emergency services sector, the food and ag workers sector, as well as the education and childcare. And so we have ramped up our, our providers are vaccine providers. Our partners are also participating in the vaccination of the newly eligible phase 1 B as well as again continuing with a phase 1 a and the 65 plus next.
What is different this week is our adherence to state guidelines to do a 7030 vaccine distribution plan. So what that means is of our total allocation, 70% of that allocation will be going to our healthcare system to serve the 65 plus And a part of that is that our hospitals as well as our Sansum Clinic has agreed to serving the 65 plus. In addition, we'll also be serving next week the transitional kindergarten through the 12th grade education sector as well as higher education. The remaining 30% will go to the public health community vaccination sites for the sectors that include food and agricultural child care and emergency services next.
I'd like to spend a little bit more time delving into what the 7030 vaccine distribution plan means for education. So for transitional kindergarten through 12th grade staff and teachers, the priority groups are determined by the school superintendents so the four categories priority groups Includes the first being staff serving students who are unable to wear masks, who are medically fragile or require support that does not allow for physical distancing. The second priority group includes staff with significant contact with others in person and or close proximity to others. And mixing across multiple stable groups and, or locations. The third priority group includes staff working in-person with direct contacts with students or other staff with minimal to no mixing.
And the last group are the staff working in person with limited exposure to other people or working remotely. This week, Lompoc Valley Medical Center will be vaccinating the first priority group and dipping into the second with evening and weekend hours. And again we are appreciative of the partnership we have with Lompoc Valley Medical Center as well as with our school superintendents in coordinating the staff for the vaccine appointments.
Moving forward, higher education. We will be convening a planning group this week with stakeholders in higher education to plan for what vaccination in higher education will look like next. And further vaccine news, as you may have heard on Saturday Johnson and Johnson did receive emergency use authorization. We did hear that the anticipated shipment to California and this was last week's number so.
We're thinking that it may be more, but at least California as of last week was anticipating 380,000 doses. At this point in time we do not know what the allocation for Santa Barbara County is and we anticipate our allocation Our weekly letter to be received either by the end of today or early tomorrow. The Johnson & Johnson vaccine is a single dose vaccine, it does not need ultra cold storage. It can be stored at regular refrigerator temperature which is an amazing advantage for our providers.
It does provide strong protection against severe disease and death. It does provide quicker protection two weeks after the shot, and known to have less serious side effects, and has been demonstrated to perform against variants. So these are really, really exciting news that we have this third option. We will await guidance from CDPH With regards to the population to be served, but nonetheless we are incredibly excited at this new option for a convenient one dose easy to store quick acting vaccine for our providers as well as our community.
Next next. I'm updating your board on school reopening plans, and we are reviewing the Atlanta Charter School as well as the water loop a Union Elementary School District, as well as the family partnership charter school. So when we say that these three schools, we are reviewing their school safety plans. It means that we are providing technical assistance so that their plan is as rigorous and robust as possible to meet the expectations of the state.
Next. As I mentioned earlier, we do anticipate the happy moment or the happy news is that with our adjusted case rate. The wonderful news is that as we anticipate our case rates to fall beneath 14, The high-risk youth sports to be reopened outdoors. Next, so with the school guidance recently issued from CDPH Outdoors High Contact Sport is allowed once a county like ours has the adjusted case rate falling below 14 per 100,000.
So what this means is that outdoors high contact sports such as basketball, football hockey rugby rowing soccer and water polo can resume. But the reopening and restarting of these sports are with conditions. And I've highlighted some conditions for your board, but the complete document can be is available online so that some of the requirements include weekly testing for coaches and four players football rugby and water polo who are at least 13 years old and testing results must be available within 24 hours of competition.
With regards to competitions, they are permitted but only between teams within the same county or from bordering counties where the sport is allowed. Other requirements include face covering and social distancing as well as sanitation and hygiene and limited audience participation or present. And again, the guidance document can be found at cdph.ca.gov. Next, I'd like to end with a encouragement that along with masking and along with social distancing and limited gathering to encourage our community members in Santa Barbara County to pursue testing, especially if you are uncertain about your exposure or especially if you have gathered or been involved in activities where you have come into contact with people outside of your household. And so more testing will mean that we can discover the asymptomatic cases sooner And in addition, more testing will mean more reopening ultimately.
And so there is testing available throughout our county. Please visit our website at publichealthsbc.org for additional information on testing. And with that, I would like to introduce Kelly Hubbard who will be doing the COVID-19 compliance and enforcement.
0:40 – 0:468 turns
Dr. DiRenoso and Kelly if you could hold on because I know we don't have Dr. Anzorg for very long and so Chair Nelson do you want to open it up for questions?
Yeah I'd like to make sure that my colleagues have a chance to ask some questions of Dr. DiRenoso or Dr. Anzorg before we move on to the enforcement conversation. Supervisor Hartman
Thank you, I have two questions. The first is if you have been vaccinated can you still be a asymptomatic carrier? And the second is congratulations on the successful pilot and did we learn any lessons from that would we do it any differently or what's the takeaway?
Jen Nelson and Supervisor Hartman, let me take the first question. To date it's not absolutely clear whether somebody who has been fully vaccinated could still transmit the virus. There is a possibility that somebody who is fully vaccinated can have a very mild or asymptomatic COVID case and therefore spread the virus. There's ongoing research on this subject because it is, of course, of great importance.
Because we don't want to short sell our vaccination obviously but we also want to be safe so therefore the recommendation by CDC and every health organization is even if you're vaccinated please continue to wear your face covering
And if I might just follow on, if you've been vaccinated should you continue to get
tested? If you are in a occupation where certain surveillance testing is required then yes. You should continue to participate in this surveillance testing depending on the occupation you're in. However, I would say that if you are a community member. and you can feel more comfortable. I think this is out of the abundance of precaution that we're doing this for healthcare workers, that we continue to test them even though they're fully vaccinated and wearing masks just out of abundance of caution. And for regular people, I think they can rely on their being protected With regards to our
farm worker pilot on Sunday, it was successful and would we do anything different? And what did we learn?
We learned that it takes a, we learned that it takes trusted community leaders and partners to be able to enroll what was difficult about enrolling the 500 farm workers was that. Our prep mod, which is our state registration system requires an email for confirmation of the appointment and many of our community members did not have that. So it was amazing to have community partners who could register The first thing we learned was that because we had staffed the clinic with bilingual and bicultural So rather than waiting and grabbing one or two bilingual staff who can run over, everyone was in that space where we could do communication in real time in the preferred language. So that was our second learning. The third learning was that we learned that we can do a 500 clinic with very minimal staff who are bilingual.
So we, I think had about 30 staff and we were a little bit worried because that's really a bare bones but we were very pleasantly surprised that everyone hustled and we were able to conduct a very efficient clinic using that staffing model. So those were some of the top learnings from my perspective. We did send out a poll, a survey actually to all of our partners involved in the planning, the registration as well as the implementation of the clinic so that we can call They're there. What went well, what didn't go so well and suggestions for improvement and our neighbor counties San Luis Obispo sent staff to observe and to participate because they are also So moving forward, we anticipate doing a debriefing with anyone interested in the process with our fellow counties because there are other counties interested in learning best practices from our experience as well.
0:46 – 0:5312 turns
I just want to thank you for getting the educator vaccinations going in what seems to be a logical manner, letting the actual Superintendents dictate the priorities, so we're facilitating their priorities of which educators and staff are vaccinated first. And so that we have the least possibility of people who Might be able to wait, being able to bump somebody who is in more immediate proximity with their fellow workers.
And I just think it's really important and I think it gives hope for a lot of parents and educators who are concerned for their kids, and concerned for the future of public education. And I really appreciate the department's role. I also just want to make a comment maybe out to the public which is That the farmworker clinic, you know revealed I think what's going on which is people behaving and some really.
Despicable ways, I would call it kind of life boat behavior where people who can swim well are bumping kids and the elderly out of the lifeboat in order to get in. And in this case some of the more egregious ones were People who attempted but you guys called them and caught them. I appreciate that. What a tech worker from Palmdale, some other examples but I hope that people will think about their actions before they attempt to do that.
If you're delivering groceries to your parent, you're not a caregiver. If you're a tech worker in Palmdale you're not an agricultural worker And if you live here, you're not a resident of LA and shouldn't be taking their vaccines.
All right. Thank you Supervisor Williams. Supervisor Lavinino do you have some questions for?
I do. I got-I have a couple questions and one of them I was very concerned about just kind of what some of the comments I just heard. So let's go back to people that are vaccinated in their ability to transmit. So would they be able to transmit vaccinated to vaccinated?
That's a really good question, Supervisor Lavagninou. I think honestly the likelihood is minimal minus school. It cannot be excluded completely and for that reason CDC hasn't felt comfortable changing the guidelines so far.
Okay.
Because that's one thing when they're vaccinated
Yeah, because I think what motivates people is this idea that there will be a return to normal. And that's what's going to drive people to go get vaccinated. But if we focus on that minuscule fractional percentage of people that might be able to still transmit the disease even though they've been vaccinated and maybe even somebody else has been vaccinated, I can't think of a better way to drive down participation in the vaccination program than to tell You know, you're still going to have these restrictions are still going to be issues. I think we got to focus on the more positive just like we're saying more testing means more opening. More vaccinations mean less restrictions and so I would just guard against really focusing on trying to motivate people that we can get back to normal.
So in light of that, one of the questions I have is about congregate care and. You know there's a lot of people in there that are fully vaccinated. The health care workers are vaccinated inside their the family members that want to go visit those people are fully vaccinated and so trying to figure out what the timeline is. There's a lot of people had been in in these congregate care settings for over now almost a year have never seen their families.
Has a timeline or any kind of guidelines of when that might open up for people that are actually vaccinated at this point.
Supervisor, let me just correct you just a little bit there is. Visitation allowed at all nursing homes and has been for a while. There's unlimited visitation allowance for outdoors, and there is allowance for indoor visitations just not in the patient room. Yes, there is. However, that's from CDPH and also from me, the local health officer. There is however some institutions, some facilities have a stricter guideline and they might have to look at their own policy but that is not mandated by the county health department nor by the state's health department. They do have visitation rights And CMS made that very clear. So it could be that some facilities don't feel comfortable, but it is not restricted by us.
It's very important for the elderly to be having visitation. I understand that.
Okay, perfect. So I just want to follow up on that real quick just to make sure that I understand that so an elderly person in congregate care that's been vaccinated can be visited indoors just not in their room by CDPH and our own public health guidelines.
That is correct, and it is not even contingent on their being vaccinated. Even if they are not vaccinated, they may be receiving visitation visitors yes. Okay. May I say may I make 1 comment to your 1st question sir? It's just I understand. I understand. that there's, there are at least two motivations to get vaccinated. I think the most pressing one is for people who are over 65 or even over 55 or have other health conditions not to get if they were to catch COVID not to get severely ill or die from this disease and that is what the vaccine does best.
So, that is a huge contingent in the population. And that is their motivation and that is driving them to get vaccinated. The people who really want things to open up is more are more than younger generations. CDPH is working really on getting the message out, what getting vaccinated will mean if you're not motivated by protecting yourself from severe illness. So more to come on that one.
Great thank you for that direction on the guidelines I appreciate that.
Supervisor Hart
0:53 – 1:0114 turns
I don't have a question at this time. Thank you.
All right, thank you. I've got a few questions getting back to youth sports for for a moment. Similar to what you're experiencing with the Columbus and cares, there's some schools that are putting in stricter measures for sports than what's being recommended by the state or what I anticipate to be recommended by the county. Are the measures being put forth by the state sufficient to reduce risk and be safe?
That's a very good question. Chair Nelson. CDPH made it very clear that if youth, the youngsters are involved in higher contact sports that the parents have to sign a consent and that is educational and also just to tell the parent you consent That your teenager, you know has a higher risk when they are involved in this kind of sport. And therefore we're helping with the regular testing and I think that will make a big difference.
And just like the professional athletes are doing in detecting potential positives very early and taking them out. So I think it's, it's very well thought out and I say, I feel comfortable recommending it. I think the benefit for the youngsters outweigh their risk.
Thank you Dr. Ansari, I really appreciate that. One more piece about the youth athletics. So in our, we'll go back to that disclaimer or the release of the parents have this sign I actually signed three of them this week myself just to put that on the record so I'm aware of it what I'm hearing from some of the other schools is that you know we in Santa Barbara County the way that works that were kind of bifurcated north and south that a lot of our northern schools participate with San Luis Obispo County and a lot of our southern Participate with Ventura County.
Are we working together to coordinate with those two counties to make sure that we're kind of on the same page as we move forward to streamline the process because I've heard even though we might both be in the same category, there's different standards between the two counties and there's some potential roadblocks that are really impacting our kids and you know what are you hearing all that in? And then I guess my request to you would if there's some abilities for us to maybe get all on Lead to some peace and some opportunities for our youth.
Yeah, Chair Nelson I very much appreciate your recommendation on that and I will follow up on that. Having said that San Luis Obispo County is in less restrictive tier so they are obviously having less restrictions than us in Ventura but those are our bordering counties and I will take that advice and we'll reach out to my partners there.
Thank you and I understand this for the public When the two counties compete, it's whatever is the more restrictive standard for that competition. As my understanding as we move forward in the county and hopefully by the time we're starting that were in red ourselves here in Santa Barbara County going back to vaccines for a moment I saw that we have the teachers and educators now in the 70%. So I know the state said we needed to dedicate 10% towards education. Is that 10%?
Assumed into that 70. Is that how that's working?
Yes, so that would be so it's the 10% of the 30 or 10% of the total allocation. It would be the same.
I know I saw though when you had it in slide number. Let me see if I go back to it for a second. I originally thought the way you said it was basically a third of the 30% but under slide number 12 we had that as in the 70%. And I didn't know if that was an error or not.
So yeah, I'm sorry about for that confusion. So in addition to the 70% set aside for the 65, the 10% that we have allocated towards child care and education, the hospitals would be getting a portion of that vaccine set aside.
OK, so still 10% of the 30%, or sorry 1 3rd is going to education, which leaves a balance of 20% for emergency services, food and agriculture and child care.
Yes.
Okay. And so I'm just gonna make my pitch or my position known because I think this is ultimately a policy decision is that you know that we spend maybe most of the balance of that 20% on our ag workers if whenever possible. This sector is the most impacted when you look at the case rates Two of the three top communities are agricultural based in the Lompoc and Santa Maria valleys.
They're more likely to spread it, you know back at home and not only on the workplace so you know I just really want to push on that and that's also going to help with our health equity metrics. So I think as a strategy we should try to be sending more in that direction. Make my pitch publicly that I do believe an employer based system is something that we should really be looking at. There's a lot of successful models and Monterey County in Santa Cruz County on that.
Vaccine hesitation, hesitation percentages that you're hearing about generally the public which seems very low are counter when pulled at their workplace. They're pulling over 70%. So I think that's a good thing. I think the most trusted partners in my valley are actually the employers and I really think that we should lean in on that. Employers also have multi-language staff, and everyone I've talked to has offered to let their employees get vaccinated while on the clock which i think is another benefit to making sure our ag workers um get both doses and and get back to work and protect themselves so Just wanted to put that out there is something I'm advocating for and we'll continue to work towards seeing some improvements in that range.
I know there's some second guessing on what happened on Sunday, but I personally went out there and I was glad to see a good throughput seemed like it was well attended your staff was very attentive to the public's needs Vaccines and arms for those who are interested in getting that. So I appreciate that effort moving forward, and I guess yeah go ahead and.
Chair Nelson, absolutely. So just like we did a pilot on Sunday, we are exploring other options. I did reach out to our Ag Commissioner in exploring the following week's allocation towards the food and ag. How can we do an employer-based pilot? And then in addition to a clinic based And an employer base. I'd also like to share with your board that we are looking also at mobile clinics, so it is really multiple multiple prong strategies. I think that will get all of our community in addressing different needs and different barriers.
Great, and I think the. In my other concern is I know where I don't want to spend too many time too much time on pilot projects when Deploying
1:02 – 1:1517 turns
Community vaccination sites, we have taken appointments from food and agricultural sector as well as our partners. The smaller community health centers are doing it as well, including five of the county health care centers. We are addressing those sectors. CHC is also a big farm workers A big population of their patients consists of farm workers, they are also vaccinating. And so there's multiple strategies in addition to that we have an equity clinic in Lompoc coming up this weekend that will be geared towards addressing access barriers in the Lompoc area. So there are multiple opportunities throughout our county for food and agricultural workers to get vaccinated.
So where would a crew leader today that might not feel like they personally have linguistic or cultural barriers, because again that definition was a difficult one for some people to understand. Where would they be if they were looking to get a vaccine? How would they reach out to
do so? So they can call our 211 or go on our website and click at the available vaccine clinic opportunities
Okay,
so our pods. I don't believe and Kelly can confirm this but I believe that our appointment availability in our pods were quickly grabbed again because we have limited number of vaccines available and so Once they become available, we will continue to serve the ag and food sector along with the emergency sector along with the child care in our public health community health clinics.
So when those pod spots become open, does that go on an email or do we let certain groups know? I mean how does that work?
Yes it goes. It's blasted through our email system. It's announced at the press conference and it's announced on social media and I think the best thing for anyone is to subscribe to our newsletter so that they can get real-time information about anticipated openings
And just to further confirm that there's no other organizations getting access ahead of the general public, everybody finds out all at once.
That is correct.
All right thank you. All right any other questions from my colleagues before we turn it over to Miss Hubbard? Can I hear any Miss Hubbard please proceed with your presentation.
Thank you Chair Nelson and Supervisors if i can get that PowerPoint up Great, thank you. I'm here today to give an update brief update on compliance enforcement actions within the county so next slide. Just as an overall overview, our online complaint form that we have on that same website publichealthsbc.org to date we've had approximately 1600 complaints.
What I want to point out here is that many of these complaints include our entire county and so some of these complaints about 43% are actually within county jurisdiction. Those are that are not within county jurisdiction to get referred over to those other jurisdictions of authority, such as the cities and at times which is not reflected too well here. But also our state regulatory agencies and other partners we may have across the community next slide.
What I want to show here is how we go through our complaint process. Once we receive that complaint, we do refer them over to the jurisdiction or responsible agency. That complaint needs to be substantiated by a government agency official to be able to take any enforcement action. Often we look to do education and provide corrective action rather than enforcement on the first issue or violation.
And then once we receive a second complaint, again looking for that complaint to be substantiated by an official. Anytime it is significantly egregious the agency of responsibility can consider enforcement on that first complaint but again the complaint needs to be substantiated by that government entity. We cannot base enforcement simply based on a complaint received. We have to be able to confirm that in person or through inspection so next slide.
Some of the enforcement actions that are possible are listed here and some of the more common concerns or questions, or complaints that we receive such as large parties. Some business related enforcement actions related to the health officer order just want to point out that across the top it points out that different types of enforcement that's available to us.
Who can take that action as well, as there's a little asterisk there for those that any 1 of the cities could utilize as an option for enforcement within their city jurisdiction. Next slide. So, on administrative citations only the county has passed an administrative citation ordinance at this time. And so this would only apply within unincorporated county.
I listed our enforcement officers are departments there to date we've issued 3 citations these have been with the sheriff's department has issued these citations and they have all been in Isla Vista. Um, part of the reason that we have not seen more administrative citations issued at this time is because we are using some of our other enforcement mechanisms of which I'll speak to here in a moment.
Next slide so environmental health services 1 of our enforcement groups largely working within their already. The authority that they already had, their jurisdictional authority as the Environmental Health Services Department. This is through the state to do enforcement with food bars other food related facilities and just to point out today 22 formal notices to comply have been issued through environmental health services and that there's been 2 hearings next slide.
There are several civil enforcement options, civil complaint injective relief concepts. This is county action against businesses. We can also do this in support to the cities if requested. Currently we're exploring actions against some of our more egregious and repeat offenders. There's also the unfair competition law violation. This involves the DA And city prosecutor and or city prosecutor can get involved in this. It includes fiscal penalties, and this is some of the ways that we're working to look at compliance with our gyms and fitness centers. Some of our major offenders, and then there's some of the numbers currently associated with that enforcement next line.
Criminal enforcement is still an option as it has been this entire time. This involves the law enforcement and district attorney to be able to utilize the criminal enforcement actions. I do want to point out that this is an area of which city law enforcement can also utilize. This includes if there is a violation of the health officer order, this can result in a one thousand dollar penalty and it is considered a misdemeanor. To date, there has been seven cases referred to the DA's office by the Sheriff's Department and these have all been within Isla Vista.
Next slide. Thought I'd point out some of our state regulatory partners that have been active in our community as well as many other counties. Some of the numbers are there, these are through February. We did not get updated numbers to reflect all of February but this is to the beginning of February. I do want to point out for our businesses that may be listening Cal OSHA has a consultation concept and so Businesses who are unsure how to implement the Cal OSHA requirements related to COVID-19 safety protocols and risk protocols, they can call out Cal OSHA and request a consultation. And that is where Cal OSHA would work with that business help them to identify how to properly Next slide. And then just lastly, to conclude the types of complaints we've received have been all across the board.
A majority of them related to gyms and fitness bars, restaurants as well as private parties. Some of our when we looked at our data of who are our repeat offenders gyms and fitness definitely came to the list the top of the list in restaurants. And I already noted. who some of our partners are who are following up on those. And then there were some other jurisdictions, but overall there are very few businesses who are repeat offenders most of the time when we go out and we give education.
We talk to them about ways to improve or meet those guidelines. We see very few repeat offenses And these numbers reflect complaints, not just within unincorporated jurisdiction but many of these are also within our city jurisdictions. And so we are continuing to work with our partner agencies both our cities and our state partners to work on following up on some of these repeat offenses.
Next slide. And that concludes I do have representatives from the district attorney's office, from the sheriff's office and environmental health services all here as well to help answer any questions that there might be. All
right thank you Miss Hubbard very helpful. Any of my colleagues have any questions? Supervisor Williams.
I do.
Well, you know, I see because I've been told about by members of the public a couple of these cases and you've informed me about a couple more that I see one of the big stumbling blocks being that cities don't have the apparatus for enforcement And yet we don't enforce inside the cities in a couple of these categories. And so is there, in the administrative fine in particular, is there an opportunity for cities to opt into our ordinance?
Since we're the ones who actually have the people that can enforce this stuff, generally and they don't. I mean most of the time that we see these things it's you know...I would just say that the number of times that a health inspector comes by is a lot more often than a sheriff for example or a policeman in the case of a city So is there an opportunity for cities to opt into this administrative fine structure?
I mean, we could, I suppose we could ask them for some kind of cost share if that was the case. But has people thought about this?
All right. Mr. Gazzone.
Chair and supervisors, several of our cities in the county have actually through their city code delegated some of the authority to the public health department for enforcement action. So that's something we've looked at a look specifically your question and report back We've also, I would like to not go into case by case on this but in some instances where there was an enforcement question they contacted the involved city attorney and talked with them about would they prefer to enforce themselves or it wouldn't be something that we would enforce for them if it was a resource issue. So really a sense of comedy co MIT why I'm working with the local, the most local government there to see if it was resource issue or some other issue on that in every call.
And I found this city attorney partners you know available cooperative and I think we made some progress on those cases. We've also had some enforcement matters that we've talked about both in the slide presentation today and previously, and that is involving third parties like insurers to go to an insurer or a national organization and say your local fraternity is operating outside its insurance by intentionally violating a health officer order. And it turns out that fraternities may be more afraid of losing their insurance than getting a citation.
Great strategy. All right. Thank you. Supervisor Lavinia?
1:15 – 1:229 turns
Well, thank you Mr. Chair. So really appreciate this information. I'm curious on the state regulatory agency enforcement with the ABC we had 6,000 visits and only four citations so far which I think that's a great track record question about. So how does the ABC get notified? Are they independently going out and doing these visits or are we alerting them that we've seen this and what kind of interaction do we have between And the county.
Sure, so supervisor through the chair. So with our code enforcement work group we do have connections or contacts with each of these state regulatory agencies. And so at various times, whether it's been the city or directly through we have referred complaints directly to in some cases. However, we are also aware that they are going out and about in various communities.
We don't really have. I don't think we've been notified ahead of time, for instance, when they've been assigned to go through a specific county. But they are actively engaging in the community and then there are some complaints that we have as a community ask them to follow up on.
Okay, thank you and then. I'm sure it's somewhere on our website, because our website is amazing for business. But do we have a place where businesses can go to learn about the enforcement process? About what's the appeal process? What are their rights? Those kinds of things. How this is all laid out or does that happen when you get a notice of violation?
So it depends on the type of violation that is being issued. So for the administrative citation, it does indicate on the administrative citation what the process is and then if it is for instance through environmental health services I don't know if Lars maybe could speak to what maybe they have on their website related to some of the more standing regulatory processes that might be in existence that are being utilized for enforcement as well.
Yes, Supervisor Levin, you know this is through the chair. This is Lars Seifert, Environmental Health Services. As part of the notice of violations that we issue it provides a clear direction on what basically the expectation is and what the next steps may be if there's not a return to compliance again that's predicated or preceded by a number of contact points by our inspectors to try to work with the facility and educate them on what the expectations are first There is a, as part of if there's no notice of intent to suspend that is issued.
That happened again in very rare instances at that point in time we actually establish an administrative office hearing as part of that noticing. And then basically the facility would be able to come in and meet with us and discuss their plans to meet the health officers requirements, and make sure that they are operating safely continuing. So that will be the point in which we would provide some additional direction but that's detailed in our notices as well.
Great. And I just want to say, you know, I really appreciate your staff's focus right now on education and direction in trying to get people herded in the right direction. So and then I guess maybe this was a question for Dr. Munoz so that it ties into this for me, and that is the timeline to get back to indoor dining into the red tier It looks like we're heading in that direction. But one of the questions I was having, and I guess I should have asked this earlier, maybe somebody else knows this or unless Dr. Reynoso is still listening. So it said there's a seven day, it's seven days that we have to be in red before we can have indoor dining? Or is it two weeks, or as soon as we get to that number can we do indoor dining? What exactly, how would, I don't remember exactly how that's all laid out.
Yes, I'm supervisor loving me know through the chair that was a long time ago is that we were in the red tier and a couple of things. We will have to be eligible with red tear metrics. We are going to have a meeting with the Board of Supervisors before we are placed in the red tier. Once we get noticed on a Tuesday about our anticipated blueprint that your board will be informed, this is the first week that were eligible for the red tier. The following week you will also I'd like to share with your board as well. This is all in flux, as we were told that the state is looking at how to modify.
The red tier criteria, as well as red tear allowances going more towards the allowances for the community. Given the decrease in the case rate and given the increase in vaccination percentages so that is I believe either will be released sometime today or later this week.
Great news. Okay, and then my last thing and I just as it relates to enforcement and I know that this is a policy that we'll have to grapple with later but for me I've really enjoyed the outdoor dining experience and the counties I think I think it's been an outstanding policy of allowing businesses to move into the right-of-way, and I know this is a discussion that we're going to have to have at some point when we move back indoors.
But personally, I just think it's really been a really cool change, a little more European style, I would say. And yes, it's been cold. I hate being cold. But I just hope that we take a look at that in the future. And it's something that we might be able to keep as one of the only good things that happened out of COVID.
Thank you, Supervisor Levin. Supervisor Hart?
1:22 – 1:278 turns
No questions, thank you Mr. Chair.
All right, I've got a couple questions. You know, I understand that one of the things we've been looking at is unfair competition and I guess maybe this question for County Council is you know how do we judge that? Business being open in the same sectors and somebody keeping it closed outside the rules. Because for me, every interaction I've had with a business owner has made a decision to maybe stay open during contradiction to the health officer order because of an economic necessity. And so we've got some mom-and-pops that compete with national chains and each It seems to be a subjective term.
So if you could elaborate on that.
Chair and Supervisors, under the unfair competition law statute. The starting point is that that is actually enforced by the district attorney's office and I'll turn to Chief Deputy John Severnock for more on that but when we discuss with the DA's office and with the enforcement work group what we're looking for is somebody who's essentially losing money by following the health officer order as opposed to somebody who was making money by violating the health officer order So that's the starting point and I really think probably best to hear more from Mr. Savarnak on the criteria that the District Attorney's Office exercises, recognizing that the district attorney has broad prosecutorial discretion but I think he could explain the concept.
I apologize Chair Nelson. I believe the District Attorney's Office dropped off the call at the moment. I'm trying to see if you can get back on.
Okay, we'll put a pin in that one and I can find out about that offline. The other question and concern I have or just want to kind of some context is some of these violations. I know we're doing extensive contact tracing throughout the county. Have we seen any outbreaks directly related to any of these complaints or especially the 22 that we call the frequent flyers here? Are we tracking them back to these businesses?
I can tackle that. So, that's a great question chair Nelson. That is something that we have not done but with the regulatory requirement of employers posting outbreaks and notifying CDPH as well as the local public health department That is something that we can bring back to your board on a quarterly basis to share that information, as well as the if there is any epi link to to the frequent flyers cited. Okay.
Chair and Board, and building on Dr. Dorinoso's response we stay very plugged in with multi-county working groups on this enforcement and can report that yesterday afternoon the 2nd Appellate District our Court of Appeal Concerning an aspect of your question involving a case involving the California Restaurant Association, you know reiterated the rational basis standard for health officer enforcement and expressly rejected what the Los Angeles Superior Court had imposed which was more of a formal risk benefit analysis as to particular enforcement actions. So it was a deferential standard for the expertise of the local health department in making these decisions without necessarily tracing back a particular contact to a particular restaurant, but just enforcing directly on a restaurant for being open when it was supposed to be closed.
That particular case is an effect pattern that's now hopefully beyond us for awhile and that was a prohibition on even outdoor dining in Los Angeles County But it was a heavily litigated case by Los Angeles County, where initially the Superior Court had required something more resembling a CEQA review of risk and benefit. And the Court of Appeal held that that was inappropriate for a superior court to require during a pandemic and was deferential to the health officer's enforcement standards.
Thank you Mr. Gazzone I guess despite my point on that it'd be nice to see that there was some kind of connection. You know, I don't think anybody's asking for a CEQA level connectivity but it would be helpful to get people to comply or to have a case that actually showed some connectivity instead of the theoretical connectivity. So with that any of my other colleagues have any questions for Public Health or Ms. Hubbard?
All right, can I get a motion or actually do we have any public comment? Sorry. Ms. Alexander, do we have any public comment on this item?
1:27 – 1:3412 turns
Chair Nelson and members of the board, yes, we have three requests to speak on this item.
Thank you.
And we will begin with Terry Strickland to be followed by Jennifer Lopez.
All right. Ms Strickland when you're ready.
Yes. Can you hear me?
I can, Terry. Thank
you. So just want to reiterate that this new system you're using for public comment is very confusing even for people who've done a lot of public comment and spoken to the Board of Supervisors. And I understand why you've gone to this system. San Luis Obispo County has a much easier system to use, very user friendly You know, you have people out here who want to speak to the board and they've never done it before. And I just think you've made it way too complicated.
So I think and I also think it's time to let the public back into our buildings to speak to you face-to-face. I don't know why that can't be done. All the county staff can stay in their offices if they want But I think the public should be allowed to speak in person. A lot of other places are doing it. I think it's pretty silly, we're not doing it as for you know all these the way the lockdowns have been and then you know we're in this purple tear and I think that I don't know why California is so special. I just don't get it a lot of other states Have been wide open for months. Kids have been in school since September, in many places.
Our family in Texas, their kids have been in schools since September. They're not testing teachers every week. They're not testing kids every week. They're using masks and some social distancing and they haven't had any problems. Somebody tell me why California is so special please. Also, these kids not getting to play their sports. They need to be out there playing their sports.
When are we gonna have a discussion on the mental health effects of not only our adults but our children? When are you ever gonna discuss that in public comment time? I understand the first two weeks of the shutdown a year ago A year ago was the smart thing to do, we had to be cautious. But since then this has been way too political. We need to open up our schools.
We need to open up our businesses. We need to open up our churches and our sports activities because our families and our kids need this. And I appreciate your time. Thank you.
We will now go to Jennifer Lopez to be followed by Fernando Martinez.
Miss Lopez, when you're ready.
Good morning everyone my name is Jennifer I'm a community member of Santa Maria and a current college student. Um, so there's been a long history of farm workers having to always bargain for the rights. And we have also seen the excruciating pain that comes with the labor they execute in the agricultural fields on a daily basis. Yet they aren't given priority to certain benefits. And so when most Americans worked from home, farmworkers had to and still are having to risk their lives and their loved ones' lives when they go to work every day.
And we know how important this vaccine is for a farm working community especially when there's data that supports the disparity of COVID infections among the farm working and immigrant community. And so farm workers are essential to our community And then them having the opportunity to get the vaccine was the right call to make and as part of this community, we should be celebrating this victory.
And as someone whose family has been able to get the vaccine, I'm really happy to see that our farm workers are for once being put in the front line for something as vital as a COVID vaccine. And so we as a community, I really think that we have this commitment to ensure our most vulnerable communities are being protected and I'm really hoping that we keep this commitment And so our farm workers really deserve this priority. And I want to thank organizations such as cause and my club for assisting farm workers during the process. And yeah, that's pretty much it. Thank you so much for your time.
Thank you, Miss Lopez. Mr. Martinez when you're ready. Mr Martinez, you need to unmute yourself there.
Good morning, everyone. My name is Fernando Martinez. First of all, I want to thank the County Board of Supervisors. My name is Fernando Martinez, community organizer with Mixed Eco Indigena Community Organizing Project here in Santa Maria, California. I am honored to be on this call as part of the Mixed Eco Indigenous community myself. I'm calling to support the Public Health Department efforts in getting our community members vaccinated The clinic, the clinic pilot we had on Sunday provided a great opportunity to get the indigenous farm workers vaccinated and also inform our indigenous farm workers. Communities do not have the same access and information compared to other workers.
And with this, we were able to provide direct contact with the farmworkers For the few community members we were able to reach, we are very grateful and now we have been receiving so many calls to ensure that farm workers are being vaccinated. At MICA, we continue to provide information in the indigenous languages regarding vaccine reactions, how to sign up for the appointment and how to get the process of getting the second vaccine We rely on the collaboration with public health to provide the support.
To one of the most trusted disadvantaged communities here in the Central Coast. Together, the public health department calls and mixed echoing the community organizing project are helping ensure that all of our community members are safe. We look forward to our continued collaboration because with lessons learned with this Sunday's vaccination we will ensure that we vaccinate as many people and as quickly as possible.
I want to extend a thank you for the opportunity to be able to speak today and support Dr. Reynoso on her amazing effort in providing equitable access to health.
1:34 – 1:4116 turns
All right, thank you Mr. Martinez we got one more request to speak from Katie Mickey
Yes, Chair Nelson and members of the board. Katie Mickey signed up for general PC but I do see that she did raise her hand during this meeting perhaps we can hear from her to see if she wants to speak on departmental item number one.
Miss Mickey are you here to talk about COVID item or are you here to speak about general public comment?
My apologies, I'm here to speak on general public comment. I will wait
all right well that's coming up next so and chair Nelson
members of the board my apologies we had another from Sandra Espino who signed up for general public comment but she is raising her hand which is not a feature the Board of Supervisors is using but perhaps we can hear from her to see if she would like to speak on the COVID item.
Mrs. Espino are you here to talk on speak on the COVID item or are you here to speak in general public comment?
Correct on the just wanted to commend
I
would like to commend county public health for focusing on equity and their vaccine distribution. As the COVID-19 infection data has shown, farm workers have been disproportionately infected by this pandemic. I am a proud daughter of farm workers and was immensely worried about my parents' exposure to As a cost volunteer, I was able to register over 20 farm workers to the vaccination home.
This is why these equity focus distributions of vaccine are our most important. We often take for granted our ability to speak English, our ability to navigate the internet or access to email etc. Farm workers need additional support in using web platforms if that's what we're going to use to distribute vaccines. I'm glad I was able to volunteer registering farm workers to this pilot.
Farm workers are the very best people in our community. And I urge public health to continue focusing on equity, addressing farm workers' very specific cultural and linguistic needs. And I was glad to hear that there will be a multi-pronged approach in partnering with employers etc., and I just continue to urge the Department of Public Health to focus on equity it is very much needed thank you for your time.
Thank you, Miss Espino. Does that conclude public comment on this item?
That was our final request to speak yes thank you
all right thank you I'll go ahead and entertain a motion
I'll make a motion but I just wanted to very much identify with the comments of all of the public speakers and say, I do think that it's important though for us still to focus on the most important things that should be reopened. I mean, I think schools economic activity. I think we saw before the holidays a real upsurge Transmission just among office workers and while we don't know whether that was happening at home or in the office in prevalence. It speaks to the fact that If we just say it's all clear that could end up hurting our economic activity and our kids for a longer period of time. So I would just say yes, we should be pursuing reopening.
We're going to be going back into the red tier but we should be thoughtful about it because Another upward curve, probably not as large as this last one is probably in order before all is said and done. And so in order that we don't go back and forth, and so that we also prioritize the most important things which again I would argue are our kids their future and the economic activity that allows people to provide for their families.
But that doesn't mean the coast is clear.
Thank you Supervisor Williams. And that was a motion can I get a second? Second. All right. Any further discussion?
Mr. Chair, this is Supervisor Hart. I just wanted to make a comment just briefly. I just want to thank Dr. Doronoso for her leadership in working in partnership with CAWS and MICOP and the other trusted community messengers and partners in our community. It's really an outstanding achievement to have created this collaboration with the local community to do culturally And linguistically appropriate outreach to the farmer community and other indigenous and Latinx communities in our county. And it's something that the state of California is looking at us for, and congratulating us on doing.
It's a real model for the state, and probably the nation as a matter of fact. And it's really gratifying to hear the public comment today from folks who appreciate that work, who are partners in that work or making this successful. There's a long way to go to get everybody we need vaccinated in the county and the mechanisms and the relationships and the trust that we have built over this past year.
Testing and contact tracing and messaging about public health is going to serve us really well going forward as you roll out the vaccines and get everybody vaccinated.
1:41 – 1:4817 turns
Thank you Supervisor Hart. Madam Clerk,
Chair Nelson and members of the board for clarification on the motion that is to approve staff recommendations A through C.
Make a motion. Is that it? That's right.
Roll-call vote Passed 4–0 motion. Is that it? That's right. Thank you
Show transcript
Motion passes unanimously. Okay
thank you everybody At this time we're going to go ahead and open up for general public comment. I want to thank those members of the public who came here for general public comment on, for hanging out for the delay. It is not usually our practice to wait until after a departmental item but we needed to accommodate our Public Health Officer today because he has some important business elsewhere. With that Madam Clerk
Chair Nelson, members of the board. Yes we have 14 requests to speak on general public comment today I do see we only have seven logged in currently so if you did if you are a member of the public and signed up for general public comment now is the time to login thank you and we will begin with Anahi Santos to be followed by Leslie Guzman.
Santos please proceed when ready
And it does appear that Anahi is on her phone. Oh there she goes, thank you.
Hey can everybody hear me?
We can, thank you.
Okay yeah good morning everyone um thank you for letting me speak uh my name is Anahi Santos and I'm a community member right here in Santa Maria. Um I was able to do outreach with causes last week and register farm workers for their vaccine while making these calls many were thankful for this opportunity and felt heard but also felt As they were being finally recognized as essential workers.
My mom was able to receive her vaccine and as a farm worker in California for over 20 years, she's grateful for this opportunity after being able to further protect her family and community as well through this pandemic. So there are still hundreds of more farm workers who need to be vaccinated but Public health is doing a good job so far by making these opportunities possible for the hardworking and essential people in our community. And I would like to especially thank cause and my cop for doing the work that they do, and working with public health in order to make sure everyone in our community, especially the indigenous people in our community are vaccinated. Thank you.
We will now go to Leslie Guzman to be followed by Zulema Allman.
Ms. Guzman, when you're ready.
Hello, my name is Leslie Guzman. I'm a community outreach member from CAWS and I just really wanted to come on here and bring light to this issue or this topic because I really want to say that my dad really took advantage of this opportunity being a farm worker since the age of 13 he came to the United States with little opportunities and big dreams so definitely getting here and getting the opportunity to get this vaccine was really important for me Because I know that he struggles and I know that he is exposed to COVID more than regular people who work in offices or like, you know, other people. And I really wanted to say thank you.
And this is just the beginning. I feel like this is a good program. This is a good cause and we just have to get more people vaccinated in order for the I feel like it's really important to vaccinate these farm workers and let them be heard. Especially since they come from Spanish-speaking communities, most of them don't know how to operate a computer or don't know how to get these resources. It was a really good thing that CAWS came to them or brought this issue up and let them know that there was opportunities for them to come out and get vaccinated. Thank you so much.
We will now go to Zulema Almond to be followed by Leo Ortega.
Solomon when are you ready?
Hi, everyone. Good morning County Board of Supervisors. I'm grateful to have this opportunity to speak to you this morning. My name is Zulema Aleman and I am a CAUSE Community Organizer The reason I'm speaking to you today is to express my gratitude and amazement for the county's first ever farmworker vaccination clinic by the Public Health Department. I had the opportunity to work with the public health team that organized Sunday's event, and it was an event that many, many in our community dreamed of. Access to resources has always been an issue for the farm worker community which is primarily made up of Indigenous and undocumented immigrants Since day one of this pandemic, farmworkers frontline essential workers and the largest workforce for our county have been at a higher risk to contract COVID-19.
While one in four of our residents have been infected by COVID, for agricultural workers it's two in four. Farmworkers also run a higher risk due to environmental factors related to low wages, crowded housing and the need for carpooling. With higher rates of chronic conditions the consequences have been devastating. Since day one of this pandemic many people including myself have had the privilege to move our lives online however you can't pick strawberries over Zoom Many crucial resources were also moved online when many farm workers do not have access to computer, the internet and have not been tech savvy enough to catch up. The vaccination registration process was just another way they were left behind of a much needed resource.
I applaud the efforts of the Director of Public Health and her team for being careful and considerate in how to distribute vaccines to a group of individuals who are usually an afterthought. Public health reached out to organizations like CAWS and MECUP because they know that we have a deep relationship with this community, and we could support frontline field workers in getting registered.
CAWS staff and volunteers worked last Sunday and several evenings this past week signing people up in person and calling community members in Spanish and Mixteco. We answered questions about the vaccine and encouraged them to take an appointment. Unfortunately, the state system's confirmations are only sent via email so we went out of our way to call them again and again to remind them and reassure them and answer any lingering questions.
And even yesterday, the day after the clinic I personally was receiving calls from farm workers who had additional questions about their symptoms and the next steps. This clinic, the clinic this Sunday was a step forward for our county and should be celebrated. It was a step forward in ensuring one of our high risk communities have access to the vaccines. Between this community and its government. And it's a step forward towards getting everyone vaccinated, including our hard to reach populations. Our county needs this community to be vaccinated and public health is doing everything right to make sure it happens by recruiting trusted messengers and getting creative. Other counties are looking to learn from our example. I'm grateful to be part of this and I'm excited for us to continue doing this much needed work.
Thank you so much.
1:48 – 1:5411 turns
We will now go to Leo Ortega, to be followed by Katie Mickey.
Mr. Ortega when you're ready.
Good morning everyone my name is Leo Ortega I'm a community member in Santa Maria. My family were fortunate to receive the vaccination against COVID-19 this past Sunday most importantly there are farm workers, strawberry pickers in the Santa Maria fields They risked their health working in areas that could get them exposed to COVID. As the strawberry season is approaching, I have great relief for my parents for being able to get vaccinated.
My parents are very grateful to have this opportunity because they were in constant worries about their health and being exposed to COVID. Thanks to CAWS, MICOP, and the public health team, they were able to get vaccinated along with many other farm workers in the community I hope that everyone understands our farm workers are, you know, like they could get easily exposed to the virus. Majority of the farm labor requires our workers to work in crews obviously physically there and it's important to make sure that their health is cared for.
If one farm worker was to get exposed to COVID, they could infect the whole crew. But not just the crew but their families back home. So it's important to look out for our farm workers especially if you want them to pick your fruits and vegetables. Farm workers are essential for a reason. They're the ones that pick your vegetables and fruits that you eat. And for the growers and companies, they're the ones that bring profit to your business Farm workers do work that many won't do. And so once again, I want to mention my family and I are truly grateful for this opportunity.
So we thank the Santa Barbara County Public Health Team and CAUST and MICOF for caring for my family and for the rest of the farmworkers in the community. It is truly appreciated. We are thankful. Si se puede and thank you.
Thank you Mr. Ortega
We will now go to Katie Mickey, to be followed by Christina Wilburn. And I would just like to remind the public for those of you that signed up for general public comment, now is the time to provide that. Please log in now for general public comment.
Miss Mickey when you're ready.
Dear County Board of Supervisors greetings small cell wireless facilities are electrical facilities They are vulnerable to structural failure. In addition, electrical usage is often measured by a smart meter within a large number of cell towers. Smart meters can cause fires. What we learned from our experts was that under certain circumstances the surge protection in smart meters is inadequate.
Smart meters utilize what is called verisitor, as surge protection for up to 350 volts. That is the level of surge protection you would typically find in a television set. Lightning strikes cause surges of voltage in multi thousands of volts. In those cases, the veristors would be inadequate. When these small cells combust, they take at least two hours to power down.
You have been told what you cannot do regarding small cell antennas. Have you been told what you can do? You can revise our county code To adopt conditions to be added to the telecom permits granted a small cell wireless facilities. The FCC states that the state's have the power to impose generally applicable health and safety requirements safe tech SPC is requesting that our county code be revised to restrict telecom applications with conditions in particular We request you add fire safety requirements.
Safe Tech SBC looks forward to having Andrew Campanelli explain to the County Board of Supervisors and the council what you can do. He has written protective ordinances throughout the US, we would like to see him update our Santa Barbara's county code. Thank you my name is Katie Mickey.
Thank You Miss Mickey.
We will now go to Christina Wilburn to be followed by Nick Kahn
Ms. Fulburn?
Hi, yes my name is Christina and I wanted to thank you for your time this morning and I just wanted to voice my concern for the proposed development in the San Marcos Preserve also known as the Bridge to Nowhere. I've been living in Santa Barbara for almost 20 years Thank you, Ms. Wilburn.
1:54 – 1:597 turns
We will now go to Nick Kahn to be followed by Anne O'Dayle Thomas.
Mr. Kahn when you're ready. Hello? Mr. Kahn we can hear you. Can you hear me? Yes, we can.
Okay. Long-time listener first time caller so needless to say I'm a bit nervous here but I appreciate the opportunity to speak I am a local, well, a transplant local. I've lived in this community since 2005. I'm a former small business owner. I ran a little gym down in Goleta for about eight years. I am calling to voice a similar concern as Christina. I live right by the proposed development and I want to make it clear that I'm not part of any of the other groups. I' m not Chumash, I'm not with the Save San Marcos group though I do see that they're just alive with mine I'm calling out of my love for Santa Barbara and its community.
That morning on Thursday, when the bulldozers and police arrived, I went up there basically just to witness the destruction of a place that I go to nearly daily and walk my dog and I love. What I witnessed up there kind of broke me and changed me. Pardon me, sorry. It was like being punched in All of our society's issues at once, including the destruction of our natural resources in the face of global warming and climate change. The overuse of police resources as well as poor tactics clearly not in the interest of public safety but at the behest of a private entity. And especially also racial disparity and how it was applied so I'm calling also in solidarity with the indigenous young women who were arrested and abused by county officers.
Ultimately, all that is being asked for by these groups is time to stop the pulling of an unpullable trigger. This could be developed at any point. However, once it is developed, it's gone forever. What I witnessed from the police officers on scene originally, the responding officer, I gotta give him credit he was very polite in his candor as much as I disagreed with his perspective. However, as much as I wanted to give them the benefit of the doubt The day went on and they continued to preferentially arrest young indigenous women.
And even to the extent of chaining two of them to one of your officers, it became very clear who was being targeted in the crowd. In terms of ecological concerns we do have limited and ever dwindling resources specifically in our area water is a concern. As well as that space acts as like a heat sink for the surrounding neighborhoods. And if we develop it, it will no longer do so.
As well as it's in a fire zone. I mean, I can't tell you how many times, I think like three, I probably can't tell you how many times I've been evacuated in the last few years for that purpose. Ultimately this is an issue of the super wealthy accelerating this problem merely for profit and luxury but presenting A present a preservation, it's completely a sham. They are donating the unusable and harder to develop land to create a buffer for this wealthy population that will thank you
Mr. Thank you for your time.
We will now go to an Odile Thomas to be followed by Linda Hanukkah who is our final speaker?
Ms. O'Dell, Thomas when you're ready.
Good morning, members of the board. I am a Santa Barbara County homeowner and as weeks go by more small cell wireless facilities are being installed in the county. Many are next to homes exposing unsuspecting residents and occupants to unnecessarily high level of microwave radiation. The current county telecom wireless code gave the telecoms a free pass. It does not provide adequate protection for county occupants from these overpowered Unnecessary cell towers. The county code needs to be updated to be resident friendly and resident protective instead of industry friendly.
The law is on your side and you do have the power and authority to do this. Safe Technology for Santa Barbara County spoke with attorney Andrew Campanelli, specialist in telecom law and considered the best in the country. He has offered to meet with county supervisors staff and planning and zoning people for one hour to provide legal analysis and explain your local authority.
You can reinstate the protections removed in December of 2019. In a recent presentation to Community Development Board, Mr. Campanelli said you have the power to adopt any setback ordinance you want. You have the power to handle applications under your zoning ordinance. Specific conditions must be met. Mr. Campanelli will provide the information you have requested and answer your questions to empower you as county supervisors.
I encourage you to schedule this meeting as soon as possible with Mr. Campanelli, the Board of Supervisors Planning and Development Zoning Public Works Staff and Safe Technology for Santa Barbara County. Thank you for your time.
2:00 – 2:036 turns
Thank you, Miss O'Dell-Thomas.
We will now go to our final speaker, Linda Honicom. Ms.
Honicom, please proceed when you're ready.
I'm Linda Honickman. I'm a resident of the unincorporated county between Goleta and City of Santa Barbara. I want to share positive thoughts I've had over the last month that was sparked by the many local efforts to celebrate Black History Month. In June of last year, several African Americans spoke up on Next Door with positive actions such as signing petitions for more black history to be taught in our schools.
One neighbor shared that she had to start homeschooling because of bullying and the disappointment over the lack of any plans for Black History Month in 2019. This is an African-American mom who grew up in Santa Barbara, and she shared privately that she was disappointed with the systemic racism that was on display at the school and community at large. Sadly, she has since moved to Texas where she and her children feel more supported.
That is not an isolated story. We have been losing diversity and younger residents in part because of our high housing costs, but several African Americans have said they didn't feel comfortable when they first arrived because of the small percent of black residents and unchecked systemic racism. From a white ally perspective, I think we are turning a corner in a very significant way. And I want to acknowledge the work by Healing Justice in particular who has set up many educational events and celebrations of enterprise and talent culminating in the wonderful Black is Beautiful showcase on Friday.
The heartfelt concerns expressed by Simone Aquila and Connie Alexander in an op-ed in response to a public comment That was counter to the spirit of an earlier guest speaker and recognition of Black History Month. And the subsequent comments by all of you at the following supervisors meeting were part of the healing process. I especially appreciated statements made by Supervisor Hartman acknowledging the importance of standing up to comments that are based on ignorance and possibly hurtful to people of color.
And then highlighting the wonderful stories of three African American couples from Lompoc. I want to thank all of you, I know you have to walk a very thin line balancing the right to speak with calling out lies or hateful comments. I also wanted to thank the guidance you're giving and the staff efforts add more of a DEI diversity equity and inclusion perspective for several county departments. Thank you.
And that was our final request to speak.
All right, we're going to go ahead and have item number two and then we're going to take a quick break before hearing item number four or sorry five. I get that right? No, sorry. We'll have two and then we'll hear item number three so Madam Clerk will you please read item number 2 into the record.
2:03 – 2:0820 turns
Chair Nelson and members of the board departmental item number 2 is from the district attorney. It is a hearing to consider recommendations regarding extra help services and retirement waiver for the District Attorney's Office.
Thank you. I believe we have miss Reinschild available. To present,
yes. Megan
when you're ready.
Thank you chair Nelson members I am here to request an exception for retired individual LOP senior legal office professional, Senior Julie Rota to return extra help to assist us with the transition for our restitution specialist position in the district attorney's office. She was a valuable member of the district attorney's office and we'd like to request Her ability to come back and help with our training of a new individual.
Right.
Chair and supervisors, and for the board. As you're aware there is a general suspension through executive order in 2520 of this requirement to come back but in this case we recommended that the district attorney actually dock at this because it was a very recent retirement and their need for the services are not directly connected to COVID and may extend past the length of the executive order so you may not see very many more of these but in this case we recommended coming
Thank you. Any comments from my colleagues? I do, I have a couple of questions and this is not Specifically to the DA's office, but it'd be questions. I will ask whatever department comes forward and I believe Mr Soderman is here to answer some questions did we have some do we were we prepared for this this retirement again? I think that the goal of PEPRA was to try not to have people come back immediately after retirement and there is obviously employees that we all have that are essential Our department and our organization. But at the same time, you know, it's really our role here on the board to make sure we question you and understand how that works so that we can avoid that in the future and only use this sparingly. So would you mind Mr.
Sordman speak to succession planning and your plan as a department to replace this position?
Thank you Chair Nelson. We certainly try to do our best to plan for any unknown retirements. In this case, Miss Rhoda did give us about a month notification. Unfortunately sometimes the hiring process can be protracted and so the recruitment process can take some time. We recently closed our recruitment for the civil service position to replace Miss Rhoda We anticipate to actually receive a certified list today. So we can start interviewing for that position in the coming weeks here, we hope to have that position filled within the month.
And so you know really the goal here for bringing this order back is so that we can have an appropriate training for this new individual as they take over these very important responsibilities.
I guess my question then might be for the CEO's office. So we have this circumstance where somebody is going to leave a position that they might be the only person that does that job, how do we transition to bring in new employees and still train them with their predecessor?
Chair Nelson, that's really up to the department. My office will look at any recruitment and confer with HR but if we don't know there's recruitment we wouldn't know so really it's for departments to look ahead and as Mr. Soderman said they can't predict and when they get a retirement letter that's their true notice that they are an employee will be leaving. For certain hard-to-fill positions we've at times double filled at the department's expense And that's always an option if the department has a budget for it.
So, for some critical hard to fill positions we have allowed that in the past but we really are relying on departments and their ability to gauge with their employees when they would need to do recruitments and as Mr. Soderman said sometimes you just can't predict them
Well, thank you. And that's I think why we have the flexibility to bring this to the board and daylight it and then get those questions answered. And I'm supportive of this but I'd be willing to entertain a motion from one of my colleagues. Thank you. Madam Clerk is there public comment on this item?
Chair Nelson and members of the Board we have no request to speak on this item.
Ms. Hartman.
So I
would move
A through C
of
staff recommendation.
Thank you do I have a second? Second. Thank You Supervisor Williams Madam Clerk, can you please call the roll?
Roll-call vote Passed 4–0 move A through C of staff recommendation. Thank you do I have a second? Second. Thank You Supervisor Williams Madam Clerk, can you please ca
Show transcript
2:08 – 2:212 turns
Motion passes unanimously. All
right thank you we're gonna go ahead and take a five-minute break and be back here at let's go ahead and make it seven minute break be back here at 1115 to hear item number or D3. Seven minute break Okay, we're back to the board. And just for the public as a item of information on agenda management, we're going to go ahead and hear Item D3 and then we're going to skip to Item D7 since we're moving ahead of schedule here and hear the second quarter budget update and then we will break for closed session and come back to hear Items D5 and D6.
Madam Clerk could you go ahead
2:21 – 2:337 turns
Chair Nelson and members of the board, departmental item number three is from Public Health. It is a hearing to consider recommendations regarding an ordinance amending Santa Barbara County Code Chapter 16 to authorize microenterprise home kitchen operations to be permitted countywide as a food facility and a resolution amending food facility fees to include application plan review and annual permitting fees for microenterprise home kitchen operations.
Good morning Chair Nelson and members of the board. Madam Clerk, may I have our presentation? Great. My name is Dr. Dori Noso, as you know I'm the Public Health Director. This morning we have prepared an ordinance and associated fee schedule resolution for your consideration that would allow Environmental Health Services or EHS to permit micro enterprise home kitchen operations in Santa Barbara County including within all the incorporated cities.
The proposed ordinance also adopts the state retail food code by reference as part of the proposed amendments to the Santa Barbara County Code. Also with me this morning is Lars Seifert, our new environmental health services director for the county's Public Health Department. Lars came to Santa Barbara County from San Diego County where he was the chief of the Land and Water Quality Division with their Department of Environmental Health. Prior to San Diego County, he was also the environmental health services manager in Imperial County and originally he's from Montana and he tells me that he does not miss the snow at all.
I'd like to introduce you to Lars. I know that he has met with several of your board members but in case you have not interacted with him We are very, very grateful and thankful that Lars accepted our recruitment and is here with us. Lars holds a master's degree in environmental policy and international relations from Boston University. He enjoys spending outdoors with his wife and two daughters. And another interesting tidbit about our new Environmental Health Director Is that his wife grew up in Brazil, and she's an assistant professor at UCSD with a doctorate in EPI and public health. So we're working on that angle as well. With that Lars please proceed with the presentation.
Thank you Lars. Thank you Dr Del Reynoso and good morning chair and members of the board if I can get the next slide please. To provide some background on this proposal, Micro Enterprise Home Kitchen or MICO is a home-based food business like a mini restaurant where local entrepreneurs can use their home kitchens to prepare food for direct sale or delivery to other community members.
In 2018 the California Legislature approved Assembly Bill 626 and a follow up bill AB 377 making MICO's a possibility in this state subject to a local decision Counties that wish to allow MECOs within their jurisdictions can opt in by adopting a local ordinance. On January, in 2020, EHS provided the Board a presentation on these new laws and requested direction.
The Board at that time asked EHS to return with an ordinance that would allow MECOs to be permitted as a new type of food facility business in the county for your further consideration. Next slide please. Generally, MECOs would expand home-based business opportunities in the county. Particularly for those who may lack access to capital or face other barriers to entry into the formal economy such as child or elder care responsibilities.
MECOs may also serve to increase community access to healthy food such as for individuals who live in housing without cooking options nearby grocery stores or restaurants. MECOs would have certain food safety and business limitations as established by the state Since they would be operated by a resident of a private home in a home kitchen. For instance, they may not have more than one full time employee from outside the household or family and food must be prepared cooked and served on the same day.
There are also limits on sales a micro enterprise home kitchen operation is limited to a maximum of 30 meals per day or no more than 60 per week. And he just can further limit these amounts based on what can be safely prepared and served from a home kitchen MECOs can also not sell more than $50,000 of food each year and need to keep records of their sales. Food prepared in home kitchens must be these microenterprise home kitchens would be must be consumed on site picked up or delivered directly by the MECO business so there's no catering or resale allowed and meals cannot be sold from food trucks or carts.
Third party delivery such as services such as Uber Eats or DoorDash would also not be allowed for home kitchen meal deliveries But because MECO operators can directly deliver food themselves, those individuals in the county who currently provide meals to persons experiencing homelessness or poverty could now do so legally from their home kitchens as well. Next slide please.
For context, EHS already permits and inspects a variety of home kitchen business operations in the county. For example, cottage food operations are able to prepare some types of low-risk foods for offsite consumption. Such as baked goods, jams and candies for instance. And several of these businesses have graduated to commercial retail food or wholesale business models after achieving success as a startup cottage food operation.
In addition EHS also permits beds in bed and breakfasts and agricultural homestays which often provide full service on-site dining options for guests. If the Board of Supervisors approves MECOs today it would add an additional home based business opportunity in the county Next slide please. Should be noted that as a home based operation MECO operators would still need to follow local ordinances associated with nuisances such as noise, trash and signage restrictions.
However state law considers this a residential use for purposes of city or county's building planning and zoning requirements so they would be able to operate in areas zoned as residential and do not need to meet code requirements for commercial businesses If approved today, EHS would conduct annual food safety inspections at MECOS and may also conduct additional inspections of the home kitchen operation if there are complaints or concerns about food safety or reported cases of foodborne illnesses similar to what we do with all other permitted restaurants that we currently regulate.
Next slide please Since EHS is a fee-for-service regulatory agency, a proposed fee resolution has also been prepared for your consideration today which would establish a new annual health permit fee providing full cost recovery for EHS oversight of microenterprise home kitchen operations. Based on our experience with small restaurants, MECOs are anticipated to take a similar amount of time to inspect.
An annual health permit fee is proposed at $391 per year Based on the fully allocated hourly rate established for EHS inspectors. Additionally, prior to MECO's first starting food sales and initial plan check review is needed during this process. EHS would evaluate the proposed menu operating procedures and the home kitchen environment to make sure that it would be able to operate safely and in compliance with the law.
And initial inspection to the home is also part of this plan check process The proposed fees included in the fee resolution have been reviewed by the auditor controller and no changes are proposed to the plan check application fee or the hourly rate currently paid by all other food facilities. As with all their regulatory fees, EHS does review its permits routinely to ensure that they accurately reflect the ongoing cost of each program.
Next slide please. In setting a proposed fee for this new business type EHS also evaluated similar programs and services implemented within other jurisdictions in the state. This slide shows the proposed MECO fee for Santa Barbara County as compared to the annual fees set by other counties who have already authorized permitting of microenterprise home kitchen operations.
EHS is proposing an annual health permit fee, as I mentioned, of $391 which is below the median fee of $419 for the benchmark counties Next slide, please. As part of the process of developing and bringing an ordinance to you today, EHS conducted public outreach including three stakeholder meetings to provide more information about microenterprise home kitchen operations, the associated state retail food code requirements, and the permit fee proposed by EHS.
Participants included the general community, potential MECO operators, and city and county government agencies. A copy of the stakeholder presentation provided most recently on January 6 was also posted on our website in English and Spanish for those who were unable to attend the meeting. Next slide please Based on prior board direction, EHS staff have returned with a proposed ordinance authorizing micro enterprise home kitchen operations to be permitted as a retail food facility in Santa Barbara County along with a fee resolution establishing permit fees for these new operations.
To enact, HS staff recommends that the board take the following actions. Approve the introduction first reading of an ordinance to amend Chapter 16 Article 3 entitled County Retail Food Code in the Santa Barbara County Code. Read the title of the ordinance and waive full reading of the ordinance. Adopt a resolution to incorporate new fees for enterprise home kitchen operations and determine that the resolution amending fees for environmental health services is exempt from CEQA.
If the board, next slide please. If the Board takes the recommended actions today then on March 9th staff requests that the Board consider an adopt or consider and approve the adoption second reading of an ordinance to amend Chapter 16 of Santa Barbara County Code and find that the ordinance is exempt from CEQAs review and direct staff to file a notice of exemption.
Next slide please. I'd like to thank you for your time today and we are available to answer any questions you may have regarding this item.
All right, thank you Lars before we go to public comment any questions of my colleagues Supervisor Hartman?
Yes, well first thanks for the very concise presentation. I had two questions one has to do with the relationship to the cities if the county adopts this then the cities are bound by it and I think Mr. Gazzone has an answer
Chair and Supervisors, yes this is an unusual enabling statute at Health and Safety Code 114-367 that says that if the county approves this ordinance then it would be in effect within the cities within the county also. And there's express language to that.
And have we heard anything from any cities who object?
2:33 – 2:3822 turns
Supervisor Hartman through the chair As part of our stakeholder outreach, we did send notices of this item and information to both city managers and city employee agencies as well as the county in addition to the community members that were interested in hearing about it. To date, we have not received any feedback from any of the cities regarding a position of concern regarding this.
Great, and then my last question is just on the fees. The permit fee is every year the 391 and then the others are just one time fees?
Supervisor Hartman yes that is correct to the annual health permit fee would be established at $391. And then the basically the initial plan check and inspection that's required as part of the state retail food code would be charged at an hourly rate. And that would be a one time fee in setup.
Thank you, that does it for me.
Thank you. Supervisor Williams? Yeah, I mean, I don't think it's that strange. I spent seven years on a city council. Cities don't necessarily have the kind of staff expertise in food safety that we do so I think there is some sense as to why the statute was done in this way. Having not voted on this one but having voted on the one before on the cottage, you know bakery and candy legislation. I think that was also in the same category.
Mr. Gazzani?
Chair and Supervisors and as I mentioned in an earlier item today this is an area where many but not all of our cities in the county also have expressed delegations of some of the Public Health Authority specifically for food to the county.
All right thank you any questions from Santa Maria?
All good.
Alright, I've got a couple questions here so to make sure I understand this correctly there's going to be no land use permit needed for somebody to have a MECO in their house is that am I understanding that correctly?
Chair Nelson I would refer that question to the county council as well
but
how it's set up is basically A residential use that would be kind of permitted as part of the state and county retail food code. So, that would not result in any change of use for the residents in which it was permitted.
So at some point we I guess this question for council where we need to update our residential use tables to recognize this in the future?
Chair and Supervisors, possibly not. We can either answer that on the fly or come back to it but I'll just pull up the tables right now because we've already addressed some of the microenterprise actions previously with Planning and Development. I just want to see if this has a straight answer to your question?
Yeah, I don't think it would be. I was just hoping to resolve that for others that might be concerned about that in the future. Not necessarily important for whether I approve or vote for it or not. The other question is is it possible for multiple MECOs to be permitted at one residence but under different family members or different people living in that same household? Or is it one per address?
Larson, this is Lars with the Environmental Health Services. Currently the understanding is that basically this is a permit that would be issued to the owner of that residence or primary occupant responsible party for that residence And it would be limited to one MECO per residence.
Okay, that's just to clarify and then are we going to be asking for like an audit of the gross receipts and whatnot or is that gonna be more on the honor system?
Chair Nelson one of the requirements is in the state retail food code is that they maintain receipts We have no request to speak on this item.
Well, I'm very supportive. I'm glad to see us doing this and glad the state's leading the way so I would move staffs recommendation A through F
second.
OK, we've got a motion in a second any further discussion. Santa Maria you guys good up there?
2:38 – 2:5011 turns
All good and hood
OK. Madam Clerk
Supervisor Lavinino
hi
Roll-call vote Passed 3–0 motion in a second any further discussion. Santa Maria you guys good up there? All good and hood OK. Madam Clerk Supervisor Lavinino hi · 1 under review
Show transcript
motion passes unanimously.
Okay we're gonna skip ahead to item D7. Madam Clerk will you please read that item into the record?
Chair Nelson and members of the board, departmental item number seven is from the County Executive Office. It is a hearing to receive and file the fiscal year 2020 through 2021 second quarter budget and financial status report as of December 31st 2020 showing the status of appropriations in financing for departmental budgets adopted by the Board of Supervisors.
Ms. Anderson when you're ready
Good morning, Chair Nelson and members of the board. I'll just wait a minute for our slides to come up Very good. This item is to provide you with a status report of the county budget for the second quarter. As you may recall, the fiscal year 2021 adopted budget was considered with many unknowns primarily related to resources available and ultimate cost of the response due to pandemic.
While these unknowns will continue through the end of the fiscal year as time progresses we obviously have a better sense of actual revenue receipts and compilation of costs Overall, at the mid-year point critical sales tax revenue that impacts many realignment programs is coming in stronger than initially estimated. And CARES Act direct state and federal funding and FEMA reimbursements have been instrumental in substantially covering pandemic costs through the end of the fiscal year.
All of this is resulting in department budgets tracking largely in line with the adjusted budget with few exceptions. Next slide please. This report represents the financial position as of December 31, 2020 which is six months into our fiscal year. The information includes the general fund which is the main operating fund in the county in addition to our special revenue and other funds. Next slide please Our review process includes comparing the projected year end actuals as determined by departments at December 31st against the adjusted budget. The adjusted budget is the adopted budget net of any board approved actions since July.
In this analysis, we focus on reportable variances. This includes a threshold to 300,000 for general fund departments and 500,000 for special revenue and other funds. Just as a reminder, it is your board's policy that departments are responsible for monitoring their budgets and ensuring expenditures are within approved appropriations. And should the need arise, the policy outlines what is required to mitigate expenditures that are projected to exceed appropriations.
I would now like to introduce our budget division chief Paul Clemente who will be presenting the detail of the quarter two report.
Thank you Nancy next slide please. So, the general fund as a whole is projecting a net positive variance of 4.9M dollars by the end of the fiscal year. Most of the departments are below the reportable thresholds. And of the four with reportable variances, only one, the Sheriff's Department is projecting a negative year-end variance at around negative $700,000.
We'll discuss them in more detail on an upcoming slide but I did want to mention here that for any of the general fund departments projecting negative variances and you'll see On this chart, there's about three others with small negatives. Our office is tracking COVID-related expenses closely in all departments and to the extent that year end negative projections do materialize and we determine they are driven by COVID response costs funding such as the CARES Act may be used to reimburse the general fund at year end of the positive variances three are reportable and we will cover those on the following slides next slide please General Revenues has the largest positive variance at $3 million.
The largest driver of this is secured property tax coming in 3.5 million dollars higher and property transfer tax coming in 2.5 million higher than budgeted. Property transfer tax, in particular, as an indicator of how the real estate market in our area has been doing this fiscal year It's been driven both by higher volume of transactions taking place each month than in prior years, as well as higher values of those transactions. Both of which are driving that transfer tax number up higher than budgeted.
Sales tax is also doing better than budgeted projecting to come in $1.7 million above budget This is not to say there has not been an impact from COVID. Sales tax revenues would have ended last year higher and continued upwards this year in the absence of the pandemic, it's just that the impacts on sales tax have been less severe than we anticipated when building this budget last spring just as the lockdowns and things were starting and consumer spending has tended to shift online rather than having a severe precipitous drop off These positive variances are being partly offset by negatives and some other line items, the most significant being transient occupancy tax.
When we built this budget last spring we had anticipated a severe short-term impact to TOT followed by a quicker bounce back but as this pandemic has continued we experienced more restrictions again through fall and winter And the Biltmore Hotel has remained closed this whole time. TOT has not been achieving the revenues we anticipated with projections currently at $2.8 million below budget.
Finally, cannabis tax revenues are projecting to end the year 3.4 million higher than budgeted and about $14 million on a budget of 10.6. As in prior reports, we have assumed that this revenue. That comes in over budget is fund balance this fiscal year and available for the boards allocation during the budget development process. Next slide please community services as projecting a reportable variance of about 330,000 dollars. It's about 1% of their total budget.
This is due mostly to fees for camping, RV hookups and cabins exceeding budgeted revenue as lack of other travel options has driven up demand at campsites. However these additional revenues are offset in part by losses on group rentals, group site rentals and group camping which are still not allowable activities due to COVID restrictions. Probation department is anticipating a $1.7 million surplus Driven by salary savings due to vacancies.
Filling their vacancies has been an issue for the department these past couple of years, and they have been returning large balances to the general fund for each of the past couple years. Their salary savings have been offset in part by reductions in fines, forfeitures and penalties, and charges for services as the state continues to pass legislation restricting the types of fines into fees probation can collect.
Next slide please. The Sheriff's Office is projecting a negative variance of around $700,000. So it's due mostly to increased costs for COVID testing of staff and inmates as well as overtime costs driven by COVID as staff needs to work overtime to cover for those staff that are out either with infections or that need to quarantine. So they have been driving up their overtime costs due to that.
As mentioned earlier, to the extent COVID costs do drive a year in negative balance, CARES Act funds may be used to reimburse the general fund for these overages. Next slide please. In special revenue funds there are three funds projecting reportable variances that's Resource Recovery and Waste Management and Court Special Services with negative variances and Social Services with a positive variance.
As a reminder, special revenue funds are required to end the year balanced. So all of the positive and negative variances we see here will be balanced to zero by year-end usually with increases or decreases to their fund balances to get them to zero. Next slide please. Social Services is projecting a 1.7 million dollar positive variance This is due to unanticipated revenues, such as the state general fund backfilling lost realignment revenues.
Realignment revenues in general which are sales tax driven trending higher than anticipated and increased reimbursements for program costs from the state. The department anticipates needing this surplus for local match requirements in next year's budget. Additionally, as a reminder to close an anticipated budget gap in the current year as we were developing the budget last spring.
In DSS, the general fund originally budgeted $10.8 million in one time funding transfers to social services However, as the state revenue picture became brighter in the fall than anticipated at budget adoption time, DSS determined they no longer needed that backfill from the general fund. And in December your board approved a budget revision that eliminated those transfers to DSS which leaves that revenue now available for future allocations.
Next slide please. Resource recovery and waste management is anticipating a $1.7 million deficit This is driven by lower revenues than budgeted on fees paid for tonnage of waste at Tejigawas landfill. There's less waste due to pandemic related business closures that's generating less waste and therefore, less revenue. And the fund will use fund balance to cover a year in shortfalls that materialize.
Court Special Services is projecting an almost $700,000 deficit. This is due to reduction of fines, fees and penalties stemming from legislative changes affecting their ability to assess and collect revenues similar to a probation's issue the state has been making moves in this direction for a couple years. This fund has depleted their fund balance in prior years and will likely require a transfer from the general fund to balance.
Next slide please. Staff's recommended action is that the board receive and file the fiscal year 2020-21 second quarter budget and financial status report as of December 31, 2020 showing the status of appropriations and financing for departmental budgets adopted by the Board of Supervisors. Thank you.
All right back to the board. Thank You Mr. Clemente and Ms. Anderson any questions from my colleagues?
2:50 – 2:5517 turns
Thank you. I had a question about slide 10, resource recovery and waste management. I thought we were having more waste taken in at Tejiguas and here it says that it's less than anticipated revenue from fees paid on tonnage so just wanted a clarification of that.
Supervisor Hartman through the chair. I'm not certain on that we we work with the department to develop their budget projections and We spoke with him doing preparing this write up and this was the answer we got from them was that, that they're reductions in the fees they're collecting at Tejiguas are due to less tonnage from the businesses.
And supervisors, I know Scott McLaughlin is on the line so maybe Mr. McLaughin you can answer that question?
Mr. McAuliffe? Yes, thank you CEO Miyasato, Mr. Chair, Supervisor Hartman yes we are seeing overall tonnage starting to move up but this was directly related to as the CEO budget staff mentioned the closing of businesses last year when we had to stay at home orders and people were working from their homes there was less revenue coming in on the business side through our haulers Marburg and waste management Because they weren't collecting trash from the businesses as a result of those stay at home orders.
Hope that answers your question.
Not completely. I thought we're getting a lot more construction materials and so, I get it that restaurants and other businesses have been shut down but I thought there was a lot of construction in that more than offset it so I just didn't fully understand.
I'll go a little bit deeper then supervisor because this was on the franchise way side and I think The part we've talked about in the past has been on the unfranchised waste side. So that's the piece we're wrestling with now as far as capacity is concerned.
So let me. Yeah, Supervisor Williams. Let me try to translate that into English so the that means that the waste that we've been getting from homes and businesses through the hauling agreements with Marburg is going down but the waste outside of that with Big contractors or with people who bring stuff up separately to Tejigas has been going up. Is that accurate?
Mr. Chair and Supervisor Williams correct, the unfranchised waste piece has gone up most of it comes through Marburg and they do quite a bit of recycling for the community there as well. And it comes in at a lower rate as well so that's why we're seeing a decrease in the revenues.
So while it's good that, I mean, I'd rather actually have capacity than money at this point. But so actually I think that's a good trend that it's going down in the franchise waste. However combined, it's kind of the worst of both worlds. We're losing money and losing capacity. So you know, I think again, I'm glad that the department is looking at ways to Incentivize some of this non-franchise waste to be franchise waste because obviously it, you know, you can't make things work by having your non-franchise waste going up and your franchise waste going down.
Right. Thank you.
Supervisor Hartman is there? Unless your
tipping fee is really big.
Okay. Any questions from Senator Moran?
Yes Mr. Chair, I'm curious about the Sheriff's Department slide and I'm wondering how has the ongoing negotiations with the Sheriff's Department and the contract cities that are you know still going on and they're not resolved? How has that been factored into this report today?
You want me to take it? So Supervisor Hart through the chair, I don't believe that shouldn't be having an impact on this year's budget and these projections here. The discussions on the city contract rates will be impacting next year's budget, the one we're developing currently for fiscal year 21-22.
So even the true up costs that are part of those negotiations would be applied to the next fiscal year?
Correct. Okay,
thank you.
2:55 – 3:0114 turns
Supervisor Lavinino?
Good, thank you. I'm going to pass this opportunity to talk about the cannabis tax revenue and just let that speak for itself.
Thank you. Going back to slide number 10 Court Special Services with the nearly $700,000 variance there. My understanding that courts have been severely reduced during the pandemic and you know despite the fact that we're seeing a reduction in fees and fines and forfeitures are we seeing also reduction in some of their other expenses to maybe offset that? Would have that been worse had we not been going through the pandemic
Chair Nelson, I believe that they haven't had too many large declines in the expenditure side. One of the main drivers on the expense side is that it's the conflict defense things on larger cases that are currently working through the system and the defense and they've still been working in billing so that has kind of stayed As expected, and then Grand Jury is still there. I don't believe meeting the same way but they're still having their meetings and they have their expenses as well so I don't think the expenditures really dropped off too much compared to their revenues.
Chair Nelson, just to remind the public when we have court special services. We don't fund the entire Court Services all that Mr. Clemente is talking about is that we fund Collections Conflict Council which is our alternative defense counsel and we fund for the grand jury And so we fund those from these kinds of revenues that Mr.. Clemente mentioned that we see are having a decline statewide
so those We're going to have some kind of structural change to the funding for that department.
You know, so that's correct and if we look at our past few budgets you've seen that we have seen increases that the general fund has covered for this very reason as there's been a continued decline in this is not necessarily pandemic related these are things
All right, thank you. Madam Clerk do we have any public comment on this item?
Chair Nelson and members of the board we have no requests to speak on this item.
Okay, with that I'd entertain a motion.
I had one more question or perhaps we're getting ready for our budget workshops coming up soon and if Supervisor Lavinino didn't want to mention it the cannabis revenues we have treated as one time and I just wonder what the thinking is going forward on that?
Supervisor through the chair, we will be having a full report on the second quarter cannabis revenues next week depending on how the agenda management goes given certain things may be continued. But we'll have a full discussion with the board on that as your as you recall, we treated most of the revenues one time because of the uncertainty in the market. But your board is also funded ongoing expenditures from it related to enforcement, but some other things in this last year. So we'll have a conversation with the board. There's a couple of options that we could look at, but as we know there's still uncertainty in the market and things keep changing and so we'd want to make sure that we're adequately funding the ongoing things that the board wants to
Well, I'll make the motion but first this is much better news than we had anticipated six months ago for sure. So that's a...I didn't really...I had no idea it was going to be quite this good so far so good. So I will move staff recommendation that we receive and file this report.
I'll second and I wasn't going to say anything but I couldn't resist because I do think that it's an appropriate time to count at least a portion of the cannabis revenues as ongoing. Now, I want to defend staff and I did this with the union on Friday That there is some uncertainty, right? Harry Hagen can't tell us who the biggest taxpayers are but I've found out a couple of them.
And the two biggest taxpayers for example are not yet permitted, right? So that is inherent uncertainty. But do you think it would be fair to have some of it ongoing? And I particularly think that some of the things that we've de facto funded ongoing, as in library funds. We shouldn't keep on counting that as an increase when really it's an ongoing expense.
And, you know, and I think this experience is wildly different than a lot of jurisdictions out there. You know, I represent you with CSAC and I speak to my colleagues in other counties all the time And they are in much tougher straits, and some of our cities are too. And so once again, cannabis revenue saves basic public services. I think that's an important conclusion.
3:01 – 4:556 turns
Thank you board members to the chair and I'm of course, I don't want to be the wet blanket but I will because it's just a reminder that just how counties are funded through property taxes. That's majority of our discretionary revenue and in times when their stability is helpful. And in times when there's additional costs to the state, as we've seen in our past where we're mandated to do state services but we still don't have enough revenue from the state. Then it's not so good even if sales are great because we don't benefit as much from sales tax and TOT because a smaller proportion of our budget. So just a reminder, the state is doing well which is helpful but that's not always the case and so your board has been budgeting responsibly and we will continue to do that.
Thank you. So I have a motion from Supervisor Hartman and a second from Supervisor Williams with no further comment, go ahead and call the roll.
Roll-call vote Passed 4–0 motion from Supervisor Hartman and a second from Supervisor Williams with no further comment, go ahead and call the roll.
Show transcript
Motion passes unanimously.
Okay now we will now recess to closed session. County Council will you please read the items for consideration today
Chair and supervisors, today the board is agendized to consider two items in closed session. The first is conference with legal counsel for significant exposure to civil litigation in one case involving an accessory dwelling unit application by Tom and Kelly Billick. Additional details are posted in the agenda. The second matter is public employee appointment for county council. My estimate including the transition to closed session is about an hour and a half.
Okay we'll go ahead and try to return at 1 30. Welcome back. We are now reconvening the meeting of March 2nd, 2021. Will County Council please report out from closed session?
4:55 – 5:058 turns
Chair and Supervisors today in closed session the board considered two separate matters. The first a conference with legal counsel concerning a threat of litigation excuse me a threat of litigation from Tom and Kelly Billick concerning an application for an accessory dwelling unit second item was public employee appointment for county council there are no reportable actions
Thank you. Next item is Department Item Number 5, Madam Clerk will you please read that item into the record?
Chair Nelson and members of the board departmental item number five is from Public Works Board of Directors and Flood Control and Water Conservation District. It is a hearing to consider recommendations regarding a state water project SWP contract amendments.
All right thank you I believe they were turning going out to Mr. Faram for their presentation
Yes, good afternoon Mr. Chair members of the board Tom from public works here your board directed us to return on on today's board date from the February 2nd we go to the next slide. Uh, from February 2nd. Um, and on that February 2nd meeting it was to hear the request of the Central Coast Water Authority to approve two amendments to the state water project amendment 20 which is also referred to as the contract extension amendment and then Amendment 21 which is also referred to as the water management amendment. As I mentioned your board continued this item to today to allow staff to meet and discuss some of the issues next slide please On Amendment 20, this extends the State Water Project contract from the current expiration date of 2038 to 2085.
County Council and CCWA's council have revised the approach to the Transfer of Financial Responsibility Agreement or the TEFRA to affirm that the TEFRA remains in full force if your board decides to amend or to approve Amendment 20 If your board decides to approve Amendment 20, then we recommend that you adopt not only this term but also there was a late distribution this morning to amend item actions A little I to change the recommendation and council can refer to that change at the end of this if there's questions from the board. I believe your board received that information.
Next slide please. On Amendment 21, that allows the sale and purchase of water State Water Project out of the county. And CCWA initially requested an unconditional approval of Amendment 21. At its recent board meeting, CCWA also approved a resolution of the right of first refusal. I believe Mr. Stokes will talk about that. However, staff is recommending that we not approve this amendment at this time to allow us to continue discussions with CCWA under terms of how Amendment 21 would be implemented. Staff would then return with this terms of Amendment 21 at a future board date if we are able to reach agreement with CCWA.
Next slide please. Mr. Stokes, Executive Director of CCWA would like to update your board on their board meeting of February 17th. Mr. Stokes?
Thank you Tom. Good afternoon Chair Nelson and members of the Board. I'm going to just make some comments regarding each of these amendments The first amendment would be the contract extension amendment. We appreciate staff's recommendation that you execute, or that you authorize approval of this contract extension amendment And that you authorize execution of this amendment once it becomes eligible for execution from the Department of Water Resources.
As we discussed at the meeting on February 2nd, the contract extension amendment has significant financial benefits to CCWA and our project participants. And we are hopeful that you will approve the approval of this amendment as well as the execution, as I stated, once it's eligible for execution. Moving on to the Water Management Amendment. This water management amendment, as we discussed last time, was negotiated over an extended period of time between state water contractors and the Department of Water Resources.
CCWA considered the various provisions of the water management amendment in October 2020 and approved that amendment along with the associated CEQA requirements. As you are aware, last month you continued both of these items to this meeting today. We engaged with staff to better understand some of the additional conditions that staff was seeking to impose for the approval of the Water Management Amendment.
Our board considered those additional considerations, but believe that those additional conditions are unacceptable and unworkable for our project participants at CCWA as a whole. So it's vitally important that 100% of the provisions of the Water Management Amendment are available to CCWA. Now much has been discussed regarding the potential ability to sell water outside of Santa Barbara County Under Amendment Number 21, the Water Management Amendment. And that is true there are provisions that allow for the sale of water outside of the county and indeed those benefits are vitally important to CCWNR project participants. For example, the City of Santa Barbara and Montecito Water District have both entered into agreements for use of the City of Santa Barbara's desal plant They are looking for ways to be able to offset some of the costs associated with that desal plant, and believe that these provisions that allow for the temporary sale of state water to other State Water Project contractors to be a vital component in being able to offset some of those costs.
And that holds true for many of our project participants at CCWA. But one thing I want to highlight that's very, very important is that without this amendment. There's a very real possibility that we will not be able to purchase water if we need it. This year is very, very dry. Unless we have a March miracle, we could very well be in a situation where it says dry as 2014 and This amendment, the Water Management Amendment is already effective. They have met the threshold on the number of contractors that need to sign up for it to become effective. 24 have executed it.
I believe two more are going to execute it within this week which would leave three that have yet to execute the contract because the provisions in the Contract Amendment regarding exchanges and let me just refresh your memory And exchange is a transaction whereby we acquire water from another State Water Project contractor, and then we have an obligation to return all or a portion of that water over the next 10-year period.
I believe that exchanges are really not going to be available to us because this amendment is now in place. And the reason for that is that number one, there is a limit on the compensation that can be received by the contractor that's providing the water. Whereas an outright purchase or sale of state water does not have that limit. So I believe that we are probably not going to be able to acquire the types of supplies that we did during the last drought, that you recall that really did save Santa Barbara County because exchanges are not going to be available. We need the ability to outright purchase statewater from other State Water Project contractors and without this amendment, we will not have that ability.
We believe, obviously we heard the comments last month from the Board of Supervisors and we have a number of administrative provisions that we have to adopt at CCWA so that we can implement the provisions of this amendment. We did adopt as Mr. Famer noted A board approved resolution that's referred to as a right of first refusal whereby before any water is proposed to be sold outside of Santa Barbara County, that water would be offered first within Santa Barbara County on the same terms and conditions to the other CCWA participants. If no other participant elects to pick that water up then that CCWA participant would be free to proceed with the proposed transaction.
That is one of a number of administrative procedures that we will need to implement after this amendment becomes effective. We encourage you to adopt Amendment Number 21, authorize the execution of the Water Management Amendment As I stated, right now this amendment is effective. I'm very concerned about our ability to meet the water needs of our project participants this year if it turns out that we are going to need to acquire additional water supplies so we encourage you to adopt this resolution and I'm happy to answer any questions you may have.
All right thank You Mr. Stokes. Mr. Farrum do you have anything else to add?
Yes, um, Mr. Chair, if we could just go to the last slide please, if the clerk could go to the last slide. Okay. Oh, that's the first slide. The last slide please.
5:06 – 5:119 turns
There we are.
There we go. So again Mr. Chair, members of the board if you choose to approve amendment 20 we suggest you do that with the revisions and the conditions outlined in the staff report. We are recommending that you not approve amendment 21 at this time some of the issues that were discussed by Mr. Stokes and CCWA are things that we'd be happy to talk to them about one of the issues that was brought up early in amendment 21 was to come to an agreement with CCWA that would allow purchases because we do believe, we do understand that issue and perhaps there's an interim step where we can allow purchases if your board so desires but it is the staffs recommendation that you direct us to continue to work with CCWA in return as appropriate. And that completes staff presentation and we are available for questions.
Thank You Mr. Fahyram.
Supervisor Hartman?
Yes, I had a couple of questions. I'm not sure who I should direct them to and this goes to amendment 20 my first question is is there anything in amendment 20 that increases water reliability or supply or is it primarily financial?
Mr. Chair perhaps Mr. Stokes would be best to answer that question
You have an answer that there is the contract extension amendment is purely financial. There are no water supply related aspects of the contract extension amendment
And then I had a couple of questions. I think of it maybe incorrectly, but something like a mortgage refinance so instead of paying it back by 2038 we'll extend it to 2085 and you'll get benefits of about $500,000 a year and I guess you're not subject to the true up under the PIR But what I don't see in the report is, you know as it goes out to 2085. What is the interest rate we're paying over that larger time frame?
And I understand that you opted out of the tunnel project but could the state have some other project where we couldn't opt out and where rate payers over that period of time would be subject to the fickleness of the state?
So there are a couple things here. Number one, the costs associated with State Water in Santa Barbara County right now and you'll recall that the facilities To bring state water into Santa Barbara County were constructed in the early 1990s and completed substantially in 1997. So those costs are amortized to the year 2035, so in the year 2036 100% of those costs will be paid off. And quite frankly those costs are high because we built our facilities in the 1990s that we didn't have The 50 year amortization period that most of the other state water project contractors had. So you start with the fact that those costs will be fully paid off and in 2036, state water in this county will be the cheapest that it will have ever been. Now, it's true that as we continue into the new contract period that yes there will be additional facilities and DWR will have additional facilities they're constantly spending I'm going to go ahead and get started.
So as you can imagine, there are quite frankly hundreds of millions of dollars on an annual basis for capital expenditures. As you can imagine, there are aging it's aging infrastructure. And so it takes a lot of money to keep that infrastructure operational. However, the difference will be that depending on where those facilities Right now, the cost that we pay to the state of California are we are actually the third largest payer of capital costs only behind Metropolitan Water District and Kern County Water Agency. And again, the reason for that is because we built our facilities in the 1990s but we only hold 1% of the water So in the year 2036, when these additional facilities come online most of the projects that DWR will be constructing we will be allocated roughly 1% of those costs because that's what our allocated share of the water is.
But it's true, we will have costs incurred after 2035 and after 2038 when this contract is extended but not to the extent that we have today And I think there's been a contention made that somehow that the evergreen provision, if you implement the evergreen provision under the contract whereby you request continued service from the state of California under the same terms and conditions, that somehow you will not be charged any costs by implementing that provision. That is not true. DWR will simply just bill us on a current basis for all costs they incur for any of these projects that they construct in the future.
If I may, so that's a really important point. You're saying that even if we didn't extend, we could still be liable for increased costs because of the 1% water that we use state water?
5:11 – 5:196 turns
Let me back up. There's there's a couple provisions. If we extend the contract then yes, we will have We will have additional costs as DWR builds facilities, reconstructs facilities those types of things. Those costs will still be charged to us. That is going to hold true whether it's signed the contract extension or you try to implement it through the Evergreen provision. You know that will be true we're gonna have to pay our fair share of those costs. It's just not gonna be anywhere near the magnitude that we're paying today again because we built our facilities in 1990s
All right, Supervisor Williams.
So just a couple questions number one the on Amendment 20 so what the watch with the environmental watchdog groups site increased risk financially in the long run. I understand how it saves money in the short run. I want to ask you is, I know that the risk is not a hundred percent because of how inclusive the definition of facilities is in the existing contract but is there no risk That CCWA and thereby the rate payers could face increased financial risk in the future from the contract extension. And I guess this is a question first for Mr. Stokes, and then for our county council.
Well, as similar to the conversation that I was having with Supervisor Hartman the there. There's no doubt that there will be additional costs even after the contract is extended because again DWR will have to construct facilities reconstruct facilities and maintain There, the definition of facilities in the amendment was amended. And so that is true. But I think what is often referred to as this additional risk has to do with the Delta Conveyance Project which again we elected to opt out and as I stated at the Delta Conveyance Project and as I stated At the last meeting, there has been an amendment that's been negotiated between DWR and the State Water Contractors that allows us to opt out of the project. And the only way you can opt out of that project is by executing that amendment.
Once that amendment is eligible for execution, we will be requesting execution of that amendment. And in fact, DWR and other State Water Project contractors elected to participate in the Delphic Advance project are now paying additional planning costs and DWR revised their bill for this calendar year to collect those costs. We did not They did not pay those costs. They did not send us a bill because we have opted out so that demonstrates number one, that we are not in the project because we're not playing big paying the capital cost. I mean they planning costs and so I think that's the risk that is most often referred to as additional facilities when that's discussed.
And just would like to understand the risk or lack thereof from
Chair and Supervisors, I'll try to have just a few points here but I would start first with some of the things that you've heard today about an extension or the Evergreen Clause. The Evergreen Clause being an opportunity under numbered paragraph four to state an intent to stay in the agreement but it's not really an extension. And I think that's a starting point.
Another starting point is the very broad definition of project facilities, which Mr. Stokes has commented on and which includes the state's ability to add facilities additional project conservation facilities, which in the states determination that being in quotes in the state's determination so it's a pretty broad definition of things that will be useful from the states perspective.
Those are the basic terms that we're looking at right now, we have an extension proposed which would go to the longer of 2085 or the extinguishment of debt as opposed to 2038 or the extinguishment of debt. You know my sense is that this project will always have some debt might be going on for a while and Two more points on this are a validation action that has been in place since filed in 2018, which is the state Affirmatively going to a court and saying that they think all of these provisions work under the law And no final ruling on that and all of this within amendment 20 The county being bound to Amendment 20 is linked to whether the validation action succeeds or fails. And if a court of competent jurisdiction says this project doesn't work under state law, then there's a series of ability to get out of the amendment that's a three-step pick one for that.
And the final piece that I think goes to the somewhat open ended nature of both liability and remedies was addressed in the Goodman case all the way back in 1983 which took a hard look at whether taxing, you know what facilities does taxing authority really extend to if there's a shortfall by rate payers. And Court of Appeal concluded that it was facilities for building operating maintaining and the important word here replacing the project So that's part of the safety net underneath here is some confidence that there's taxing authority for replacement structures.
We normally try to give black and white answers whenever we can, I think that this has a lot of gray in it in that the term of the contract that we're talking about right now at page contract amendment at page 17 as it hinted at Is the longer of December 2085, or the period ending when the light latest maturity debt. If any bond issue used to finance the construction of project facilities and again project facilities is a pretty open ended term.
So I sense that there will probably be some liability on this project for quite a while. And that's my answer to your question is it's a little gray, I would be hard pressed to quantify whether there was additional liability or not. Given the very broad definition of project facilities that can already be added by the state when they conclude that it's for the betterment of the project.
I think perceived in real benefit is that an amendment is something that the financial market understands better than the Evergreen Clause, in terms of knowing who's in and what are they lending against. I think trying to explain the Evergreen Clause to a lender, I mean even a sophisticated lender what they like to see is a date that says 2085 or 2038 and they know what they're lending against. And it might be possible to hear more from Mr. Stokes on that because he has, I'm sure been living the dream of that discussion for years now on what benefit would translate to CCWA of an extension versus the Evergreen.
5:19 – 5:2614 turns
Mr.
Stokes. It is true that the difference between the evergreen clause and actually implementing the extension are many. So as we've mentioned under the contract extension amendment, there are other benefits that are directly attributable to CCWA and our participants. We've mentioned the additional credits against our bills which could be you know eight and a half million dollars between now 2035. The elimination of having to pay interest on under collections to DWR which can be substantial Um, not to mention the fact that we will have the ability to finance these large capital expenditures and I can't press this enough.
DWR spent somewhere around $350 million up per year on capital expenditures to be able to finance those over a 30-year period. The Evergreen provision Um, while yes we could request continued service under the evergreen provision those those direct benefits that I just talked about will not be available to us. And indeed DWR may state that between now and the expiration of the contract That they would issue differing bonds for contractors that have executed this contract extension amendment and those that do not. Now, that's not definitive at this point but that is a possibility so we will continue to have this compression issue for our share of capital expenditures.
And then after the expiration of the contract in 2038, there is a very real possibility that 100% of the costs that are allocated to CCWA would be paid on a pay-as-you-go basis. So if DWR incurred some substantial costs we would be paying for those on a current year basis every single year and those are the significant differences in why amendment the Contract Extension Amendment is so vitally important to us
And I appreciate the right of first refusal. But so, but that still has to be at the price desired by the selling district right? I mean you know if somebody out of county offers $3,000 an acre foot and someone in counties only offering $2,000
That's
correct. And I guess one of my issues about amendment 21 has been that with the exception of Montecito water district he's been willing to tell me what they want I don't get much transparency. Now you've confirmed with me that one of the larger agencies has been interested in selling water to an out-of-county jurisdiction, specifically Napomo. And it's not that the city has any immediate plans to sell water out of the county or
to provide water to Napomo. It is required under the stipulated agreement for the Santa Maria groundwater adjudication, they were required to sell that water to Napomo as part of that adjudication and in fact Santa Barbara County signed off on it. Santa Maria is not earmarking state water supplies to Selton and Pomo to meet that obligation. They have multiple sources of water that they are, that it's available to them to meet the obligation under that adjudication so I'm not aware of any other state CCWA project participant including City of Santa Maria other than Montecito Water District as you just described That is currently actively looking to transfer and when I say transfer, I mean sell their state water supplies either on one year or a multi-year basis.
That doesn't mean that there aren't others that are considering it but I'm not aware of any at this point in time.
Actually, let me jump in if you don't mind Supervisor Williams. I think we need some clarification on this Nipomo thing because I'm not sure if we're all on the same page of what's happening there and maybe Mr. Fayram can help us with that. My understanding is that sale of water to Nipomo is to offset pumping it's not for new development? Is that correct?
Mr. Chair the agreement that was cited by Mr. Stokes Is is correct that that was to satisfy an imbalance in the Santa Maria groundwater basin. There have been meetings since that time, that were contemplating selling water and a pomo for additional development. And so that has not happened, but that is a separate issue that has been talked about since the original transfer and I believe it was 2012 or the agreement that allowed Santa Maria to serve Napomo to solve the existing imbalance in the groundwater basin. I hope that answers you.
I think so, but just make sure I try to Reinterpret that back there. So the water that's been transferred in a Pomo will not be used for additional development, but just to offset pumping so there's balance in the basin if Nipomo Community Service District hopes to serve future customers from San Barbara County Water, there would be a future agreement. That might be on the table and but not yet at this time.
Mr Chair, that's my understanding yes
OK.
I think that's important. Of course, it doesn't take away from the point. No agree that there was two. There's two one one that's a done deal and one that is been extensively talked about which would be interesting right for a lot of different reasons
Well, I hope to clarify that because I think some people in Santa Maria and San Luis Obispo may interpret that original transfer differently. And so that's why I wanted to clarify that with Mr. Farram. Mr. Lavagnino or Mr. Hart, do you have any questions or comments before we go to public comment?
Yes, Mr. Chair. Could somebody clarify when is the deadline for CCWA to act on Amendment 21?
5:27 – 5:3415 turns
The 60-day window started last day of February, and so we will have until April 30th to execute a water management amendment.
Thank you.
And I'm good. I'm ready for public comment.
All right. Madam Clerk?
Chair Nelson and members of the board, we have four requests to speak on this item. And we will begin with Carolee Krieger to be followed by Joshua Hagmark.
Ms. Krieger, welcome back.
Thank you very much. Can you hear me?
We can thank you.
Oh thank you. Santa Barbara County gains nothing by agreeing to these contract amendments. Instead, we would be committing to unknown and uncontrollable amounts of additional debt and abdicating all control or influence. In letters sent to the Department of Water Resources in 2014, Santa Barbara County Public Works noted that DWR had repeatedly avoided answering basic questions about how proposed contract extension amendments would affect the county's taxpayers and rate payers.
DWR avoided an answer. In 2018, CWIN my organization along with many other citizens group County agencies from Plumas in the north to San Diego in the south and four members of Congress raised similar questions. Newspaper editorial writers warned that the so-called contract extension amendments were A backroom effort to orchestrate debt for the Delta Tunnel Plan, but DWR refused to answer. It is in its final EIR for the contract extension amendments in December 2018, DWR not only refused to answer it pretended that the answers had nothing to do with the environment.
If the county assigns amendment 20 now When three pending lawsuits on the fate of the contract extension amendments are about to be briefed on the merits, it will send a clear signal that Santa Barbara County no longer cares about how these amendments will affect its taxpayers and rate payers. Not just for now but irrevocably for the next 64 years until 2085.
It will signal that the county was willing to sign on the dotted line and get in line with the most powerful State Water Project contractors against its own interests. It will make the county an unwilling pawn in legal proceedings, in which it has no opportunity to assert its own voice, aligning it with DWR when DWR makes sweeping arguments about its authority to impose debt on unwilling taxpayers.
We know now why DWR struggled so much to avoid answering the county's critical questions. In 2018 legislative hearings under questioning from Senator Richard Pan, DWRs director finally admitted that the so-called extension amendments were meant in part to facilitate bond debt for the Delta Tunnel Plan. We know now that it's the so called contract extension amendments proposed Amendment 20, do not simply extend the contracts which the county can do more safely and securely under the Evergreen Clause of its current contract if it does not squander that power by signing Amendment 20. Thank
you Ms. Krueger. That is your time. Yes? That is your time thank you.
We will now go to Joshua Hagmark to be followed by Toe Plow.
Mr. Hagmark, when you're
ready. Thank you Chair Nelson and distinguished members of the Board of Supervisors. My name is Joshua Hagmark I'm the Acting Public Works Director for the City of Santa Barbara and for the past seven years as a Water Resources Manager. I want to start off by saying how much I appreciate and support County staff's position on the approval of Amendment 20. My comments today are focused on Amendment 21 which the city is in strong support of As noted in our letter from the Mayor Murillo and letters from Council Member Friedman. Furthermore, the city's Water Commission unanimously voted in favor of amendments 20 and 21 at its meeting on February 18th, 2021.
I've been working in water going on 20 years, the last seven as the Water Resources Manager. And one thing I can tell you today is that water management needs to remain flexible and adaptive We are currently wrapping up an exhaustive public process to update our long term water supply plan. Which looks out to 2050 this process involves significant stakeholder engagement and public meetings.
On February 9th, the City Council unanimously adopted our water supply management policies that focus on this adaptive management approach. What is adaptive management? It means identifying options up front and exercising those options as needed to adapt to changing conditions whether that be wildfires earthquakes mudslides or droughts. To accomplish this you need to keep all options open and on the table today I hope to explain how Amendment 21 benefits the 93,000 customers of the city of Santa Barbara Amendment 21 will ensure the city remains competitive when it comes to purchasing supplemental water during the next drought. And you've heard from Mr. Stokes on that, as Supervisor Hart knows the city relied on nearly 12,000 acre feet of water imported during this last drought to meet our critical needs.
To put this into perspective, the city uses about 11,000 acre feet a year so it was a significant portion of our water supply during this last drought and that was Mostly supplemental water because the allocations were so slow, so minimum. Since there are 24 out of the 29 contractors have signed on to Amendment 21 including all the agency we received water from during this last drought, we will be at a disadvantage to compete for supplemental water in the future. Failure to approve Amendment 21 will limit the city's ability to respond to future droughts.
Also as part of the city's recent long-term water supply planning effort, potable reuse was identified as a potential future supply for the city. The capital cost to develop potable reuse is not cheap. It's expected to cost two to three times the capital cost of restarting our desalinization plant. To be able to even consider pivoting to potable reuse, the city will need the flexibility to reduce current water operating costs to make the financial leap Like Montecito, we'll need to look to lease our state water allocation to reduce the $4 million annual carrying cost of state water. Without approval on Amendment 21, the city will be financially constrained to move to potable rios.
There have been some questions about how this might work. I'd like to provide an example. To take on the cost of potable rios-
Mr. Hager that is your time. Thank you. Okay. Thank you.
We will now go to Tob Plow to be followed by Molly Troop who is our final speaker.
5:34 – 5:4112 turns
Mr. Plow when you're ready.
Hi, can you hear me?
We can
great chair Nelson members of the board I want to be very brief here we at Montecito also support the approval of Amendment 20 however we do need Amendment 21 it helps us diversify our supply for one thing and relieves us of some of the cost that we have for D cell by Allowing us to sell or lease some of our state water at times when we won't need it. We, unlike other districts are banking our state water in a water bank in the Central Valley to use during droughts.
In fact, during the last drought 85% of Montecito's supply came from state water so that's a very important piece of infrastructure for us to be using in the future. What we hope to do is be able to diversify our supply even more than that. Potable reuse is one of the things that we're looking at to do, and I think you'll find more and more of the districts within the county also doing the same thing.
So please look at Amendment 21 as something it gives us additional flexibility in our water management. Thank you for your time.
Thank you too.
We will now go to Molly Troop who's our final speaker.
Miss Troop when you're ready.
Good afternoon, my name is Molly Troop and I'm speaking on behalf of Santa Barbara Channel Keeper. Both the State Water Project and desalination are riddled with potential environmental consequences locally and afar, and it's hard to say how reliance on one source or the other is preferable from an environmental standpoint. Increasing desalination use so that state water allocations could be sold off isn't at face value An environmentally preferable alternative to using state water. However, if the county could condition the amendment so that the generated revenues must be used to augment local water supplies to support our water resiliency by reducing reliance on both state water and desalination In other words, if the money is used to invest in water portfolio options that are environmentally preferable like conservation and recycling infrastructure, portable reuse, graywater and green infrastructure then the ability to transfer water allocations could be a net positive to our regional communities and the environment.
Water leases or sales could be good or bad things it depends on a case-by-case consideration But if the county did choose to move forward with allowing them conditioning sales so that the revenues are used specifically for conservation and recycling alternatives could produce positive benefits for our community. Thank you.
Thank you, Mr. We go ahead and close public comment on that it was our last speaker is that correct? Madam Clerk?
Chair Nelson and members of the board. That is correct. That was our final speaker
right Supervisor Williams
Well, even with extensive experience in water having served most of the water districts that are coming to us today as president of comb in the past. I still think this is chess it ain't checkers. It's very complex arcane stuff and it's very difficult to see into the future of which route is more risky than another. And so I have a lot of heartburn about Amendment 20.
It is hard for me though to argue that if the districts themselves are certain that it's going to save money and not, and are willing to take that risk more The risk of additional costs from infrastructure, you know, I don't know that's a tough one. For me Amendment 21 is easy to say no to unless it had a significant component Like the requirement that the proceeds from the sale had to be used for conservation or development of potable reuse.
I could go with it under that circumstance, but without that circumstance, I'm a no way. There is very much many examples of situations where it's in an individual water districts short-term interest to sell water. But I have never yet in 20 years seen it in the interest of the people of the county as a whole for any individual Water District to sell water and so, you know, it's not I'm not saying it's not possible but what I instead I have seen over time is decisions that for an individual water district are rational but for the people of the county and drought resilience or not rational right.
And to me the system should promote the fact that it should be easier to transfer water to another member in the county than it is outside of the county. And even with the right of first refusal, I don't really think that does anything. Right? It's not...I really... I respect that is an attempt to meet our interest but I actually don't think it changes anything on the ground because somebody is going to have more money to buy that water than the other agency in this county And so in terms of protecting our drought resilience, I don't think it does a whole lot.
And I think that it is potentially abusable amendment unless we put real big blinders on it. Thank you, Mr. Chair.
5:41 – 5:476 turns
Mr. Chair, this is Supervisor Hart. Just put me in the queue. Is Mr. Hagmark still on Zoom? I'd like to know what else he was going to say before his time ran short. Absolutely.
Let's see if he's still here. Yes.
Supervisor Hart, Chair Nelson, thank you for the opportunity to finish that. So I did want to give, because I think there's been some questions about where what would the sale look like? What is it so I wanted to try and give some examples of what that would be. So as we look to pivot to Pottaboros mentioned the cost there, the people that would be most interested, I'm not interested in selling the city's state water allocation to make that clear. I'm interested in, with all of our supply, I'm interested in doing leases. So leases of that state water allocation which as you know is highly variable. I mean this year right now we're talking about a 10% allocation during the drought we saw 5%.
And what I'm looking for is stronger commitment so what I'd be interested in at these leases in which that kind of water would be highly desirable to a GSA, a Groundwater Sustainability Agency So that's who I would be focusing on. I'm not looking at developments, I'm looking at GSAs that are looking to balance their ins and outs of their groundwater basin. And I think that would be a good partner for some 10-20 year lease of this water, presumably basing that on maybe what we might get as a loan to build our potable reuse facility. But I'm thinking that's the concept that I'm looking for. So we'd be leasing this water And not and securing we would continue to have our state water pipeline in which if we found ourselves in a drought situation, we could go out there and under Amendment 21.
We could buy water spot market water to meet our needs. Maybe it's with the same groundwater basin that we're doing this exchange with but that's where I see us leveraging this asset The City of Santa Barbara's ratepayers have paid for, and yes we do want to get the best price for it. I don't think that's a bad thing. We want to do the best for our customers so does every other agency in this county and we want to see that we get the best price for that water for leasing it so that we can offset these other costs that we're taking on. You know we've done a good job managing our water. We managed through the most difficult drought this area has ever seen And I think we did a great job in ensuring that the 93,000 customers of Santa Barbara and its 5 million tourists have adequate water is key.
And it falls on our elected city council and city staff to do that. And we have the experience to do that. And it does not fall on the county for that. So this reason, I really do urge you to approve amendments 2021. Thank you.
Thank you Mr. Hagmark and then I had a question, I think for I'm not sure who would answer it but the premise of not approving Amendment 20 is that there's a better deal to be had somehow. With the three remaining water contractors who haven't signed on to Amendment 20, using that leverage of being 3 out of 29. To negotiate a better contract amendment with Department of Water Resources than is currently on the table and I'd like to know what folks think about the prospects of that actually happening?
Chair Nelson, would you like me to respond to that? Please. Just to clarify the I believe that there will be three State Water Project contractors that have not executed the water management amendment which would be amendment number 21. There are a handful of State Water Project contractors that have not yet executed the contract extension amendment But it has met the threshold necessary for it to be executed when DWR will allow that.
With regard to the question of whether or not we would be able to execute a different amendment that would potentially be more beneficial, I would say that is not possible. DWR wants conformity among all the State Water Project contractors on this contract amendment for the most part And indeed all of the contract amendments, I mean sorry all the contract extension amendments contracts are the same. So holding out possibility that somehow we would be able to get a better deal in the future with DWR I think is unrealistic at this point.
Thank you Mr. Stokes and then just speaking to the proposal that's on our agenda, I too could support Amendment 20 and think that we could benefit by just a little more conversation on Amendment 21 to try and find out if there is a way to create a legal process that would allow some more discretion for some of the ideas that are being talked about allowing contractors To do sales or leases, when it makes sense and provides a benefit objectively to county residents. And cast a very critical eye on things that don't look so great. And this is complicated and dense, and it's situational. And I think what CCWA would like to have is blanket authority to do what the CCWA members think is in the best interest of their individual communities.
A larger county per countywide purpose and need that needs to be respected as well. So I think there is absolutely a way to get there, but I don't think we're there yet. And I think that's what the staff recommendation is, is to approve Amendment 20 because I don't think that it is realistic that we're going to get a better deal. This is what it is. And the benefits that come from Amendment 20 to the member agencies, the ability to stretch debt and reduce costs over time. Those are real life absolutely tangible benefits that water customers need as an option to manage water.
But I do think we could all benefit with the extra 60, almost 60 days that we have to work collaboratively with CCWA and the county staff to figure out some other methods to address the concerns about Amendment 21.
5:47 – 5:5319 turns
Supervisor Labanino?
I think Supervisor Hart hit it on the head. I totally concur with his thoughts and I can move forward on 20, and I think 21 is very close. I've actually heard some ideas out there that I found really fascinating. And I just think a little more conversation isn't going to hurt. And I think we can get to a place where everybody can be happy but it's just like normal. It takes a little bit longer to find the sweet spot.
And I'm inclined to go along with Supervisors Lavinino and Supervisor Hart. What we heard about Amendment 21 is that it could be limited, it's like a lease so where does the water go? And we heard that maybe it would go to GSA and that seems to make a lot of sense. Where would the money go? Well the money would go Local supply, potable reuse. I would like to put recharge groundwater recharge in that as well as other conservation measures but I haven't seen anything about that in what we have before us and I would strongly like to direct more discussion of those issues.
Thank you Supervisor Hartman And while at this time I'm not comfortable supporting Amendment 20, I do have some comments about Amendment 21. You know, I think that there is a real opportunity here on incentivizing the various members to look at finding more local and more reliable sources of water you know if we want to encourage The jurisdictions to, you know look at things like you know recycled water or even decel. I mean it makes sense that they have an opportunity to leverage that water to accomplish that and so i would be open to those things as well as we move forward um i would want to create flexibility for those jurisdictions but at the same time i you know i don't want to send water outside a county that was destined for here for nothing in return.
So, but if we can create the ability for them to use this as part of their financial plan I could get to a place to support 21 and so those are my comments you know maybe one other alternative Supervisor Williams that we might suggest on the first right refusal is that you know there's an actual cost of that water coming in to think you know that purveyor you know maybe that's the number In-house or in the county, they'd be able to pay cost for that before it was sold. It was refused so maybe that might be something on the table that might
make
sense. You're proposing that if
the first right of refusal would be contingent at the purchase price. If that was out there I would have a lot less heartburn about Amendment 21.
And that's what I thought I was hearing from you. So maybe, I don't know if that's a solution but I'll just throw it out there hearing your concern. All right is there uh I guess a motion at this point or does staff Mr. Fahyram do you have any additional comments or concerns that you want to share with the board?
Um Mr. Chair no more comments um we'll await your direction
and Mr. Gazzone
Chair and supervisors, just hearing where I think you're going. If the board wanted to approve 20 and not approve 21 then the motion would be, and I'm commenting because we had a additional staff package this morning, the motion will be staff's recommendations with the revision shown in staffs memorandum dated March 2nd today which pertains to recommended action A1.
Mr. Chair, I'll make a motion.
Yes, Supervisor Hart?
I would make a motion to approve Amendment 20 as revised in the memo from today regarding Clause A1 and table discussion of Amendment 21 to a future date to allow time for staff to negotiate with the CCWA about the terms of Amendment 21.
Council?
Chair and Supervisors, since we have a CEQA component, Supervisor Hart did I understand the motion to be or recommend that the motion be staff's recommendations as published in the agenda but modified as to recommended action A1 concerning amendment 20 per the memorandum of March 2nd.
Yes, except that the reference in the staff report is to rejecting Amendment 21. And I don't think we're rejecting Amendment 21. We're tabling a decision on Amendment 21 to allow more time for conversation and collaboration and creativity
I understand the distinction so that it would be staff's recommendations as agendized with the change from for amendment 20 as shown in the staff memorandum of March 2nd and within B1 of the agendized actions table versus reject amendment 21.
That's the motion.
5:53 – 6:0520 turns
Do we have a second?
I'll second. Galvanino
Any further discussion? Supervisor Hartman.
Yes, so as it stands we're not giving clear direction with the motion for the proceeds of sales to be used to increase local water supplies local reliability locally produced water and I would like that to be at least strong direction if not included in the motion
I would like to. To me, I would rather just get rid of it and say no way than if we're not going to pursue that route. I think as Mr. Hagemark is articulating it sounds eminently reasonable but of course this being brought up at the 11th hour I'm not going to tell you when it would be nice to know about it in advance and condition it. I just think it's vastly different than what we've gotten in the past, which is we might sell it to an oil developer. We might sell it to another jurisdiction that that's going to create suburban sprawl and worsen our jobs housing imbalance but Like actually telling us that's helpful and but I do think we need to condition.
I'm going to put my trust in Tom Fairam that he's hearing what the board says. There might be, you know, I'm not in full agreement with both of your positions but you know, I think the broader we keep the scope The easier it is going to be for him and I think CCWA members are also hearing what you folks are saying and I mean, I heard another possibility that Maybe sale is contingent upon you creating.
Other replaceable water, so there's no net loss. So there's lots of different ideas and creative solutions out there. I don't want to get focused just on one. I think if we have Tom with all his experience sit down with CCWA that we can always reject it later but I think a broader scope is always the best way to approach a negotiation.
And Mr. Chair, I completely agree with Supervisor Lavanino. I think that our staff and the elected leaders at CCWA can work through and be creative and figure out a way that meets the needs of the water districts and the contractors and preserves flexibility in the future and protects the water resources that we have in Santa Barbara County. Everybody's ability to find a way, but dictating that here. Dictating the outcome of the negotiations from the dais today is not a good way to get an agreement and we have 60 days to get an agreement. And I would hope that we wouldn't come back on day 58 or something like that. We need time to make this work and everybody roll up their sleeves and get together
Supervisor Hartman.
Yes, I'm prepared to support the motion but I want to make clear that we're not dictating the terms but I've been up here enough where we talked about things and it comes back and it's never really been incorporated so I'm glad that we had this discussion and I hope that it will be included in the next board letter a discussion of these matters
Supervisor Williams. Well, you know you guys you guys say the magic word Tom favor him and then I'm all I get all gushy and I trust them to negotiate it.
Roll-call vote Moved by Joan Hartmann · Seconded by Steve Lavagnino
Show transcript
Roll-call vote Passed 3–1 motion by Supervisor Hart, seconded by Supervisor Lavinino and Madam Clerk will you please call the roll.
Show transcript
Motion passes four to one
All right, so that brings us to our final item for today. Oh excuse me
Mr. Chair I'd just like to thank Senior Deputy Johanna Hartley who's in the background for this item as well as the availability of CCWA's Attorney Stephanie Hastings who was available over the weekend and at odd hours to discuss some of this also. Thank you.
Thank you Mr. Cassani
The next item is departmental item number six Madam Clerk will you please read that item into the record?
Chair Nelson and members of the board, departmental item number six is from Human Resources. It is a hearing to consider recommendations regarding an ordinance amending chapter 27 personnel articles 1 & 2 in the resolution establishing county office hours and there is a four-fifths vote required on this item.
Thank you. Mr. Merlin are you available? Are you with us?
Yes, I'm here. Good afternoon, Chair Nelson and members of the board. So I'm Maria Nena Deguevara, the county's Human Resources Director, and I'm here today to present to you the context for today's requested ordinance amendment to Chapter 27 Personnel Articles 1 & 2 The county's personnel ordinance was last adopted in 1971. And as we would expect, work practices laws and organizational concepts have evolved and progressed over the last 50 years.
Certainly as we now prepare the county's workforce to meet future demands, we must rely on governing documents that both uphold principles of civil service systems And that are relevant and today is the first step towards these goals. Next slide please. As I just noted, it's been some time since the county ordinance has been reviewed and many of the concepts language and practices that are defined in the ordinance.
Are obsolete or wrong clear inconsistent with current law and in many instances they're contradictory with other documents such as the civil service rules or with collective bargaining agreements next slide please. So there have been these various groups that you see on this slide that have been working since 2019 to give input into the ordinance revisions that we present to you today. Together, we have strived to uphold the principles of the civil service system while at the same time accommodating modern workplace practices Simplifying and clarifying the language and eliminating inconsistencies.
Next slide, please. So when you look at the work that has the collaborative work that emerged from those various groups what you'll see is a clarity in the hierarchy of governance. And if you could click one more time There you go, one more time. What you'll see is this cascading nature of the hierarchy of governance and you'll see consistency in alignment in the language between all of these documents now and that what we've been able to do is be able to place things, the language and the content into the documents where we believe that it's better placed For future management and an example of this is the resolution that we've presented to you today on the office hours.
Much easier to make changes to the office hours if it's a resolution versus if it had remained in the ordinance next slide. So keeping the structure that I just presented, here's kind of what's going to happen. So today we're giving this presentation. The final reading of the amendments to the county ordinance will be at your next meeting March 9th. Then what will happen is that As we go through the cascading hierarchy of these documents, we'll bring to you at some future time the management resolution. Now we still have to go through and meet with all the stakeholders for that before we bring it to you. And then we'll go through a similar process and meet with all the stakeholders on the civil service rules, comply with the meet and confer obligations We're going to be working with the bargaining groups and bring those to you for adoption.
And the same thing with our policy manual. Now this is all important work. It's what I say to my staff. This is legacy building work, and it's not something we're gonna be rushing into. And it's going to take some time. So what you won't see on any of these On this slide is timelines, because we don't know what the time it will take to get through those important conversations. But what we did want you to know is this bigger picture That as we go through and meet with all the stakeholders, that we will be coming back to you. And that we will be going through this cascading approach starting with the ordinance first as the primary document that then aligns everything else. So this is the bigger picture and we wanted to put this on your radar so You'll kind of understand that where it's all stemming from, and it's kind of like the master plan for all the governing documents.
Next slide please. And so today what we're asking is that the board consider the adoption of the ordinance amendment to chapter 27 article one and two at the resolution regarding the county hours And then this concludes my presentation. And I do have Joe Pisano and Carrie Topliff from County HR that along with me are available to answer any of your questions.
Thank you, Ms. Deguevara. Any questions for my colleagues before I check with public comment? Supervisor Hartman.
I did have a question. So the ordinance is kind of the fundamental base document and the rest will tee off that question.
6:05 – 6:1634 turns
She's still there.
Mistake of our yes, that is correct. OK thank you. Let's put on Mr
chair. I had a question.
Yes please.
Yeah, I just I was contacted by some folks in the Public Defender's Office about concerns that they had about the civil service rules. And I think I had an opportunity to mention this to Ms. DeGrovera and then I don't know if she'd had a chance to talk to those folks and to get her resolution of those concerns. I know they kind of came late in the process after the meet and confer but they were legitimate concerns You know, the interpretation of what was being done here. I don't think there I think it's something that can be bridged and is a reasonable inquiry so the timing is bad but the I think the outcome will be okay just wanted to hopefully that conversation loop has been closed if not you know maybe need a little bit just a little more time to get there but even really and I could comment on that.
Yes, so supervisor heart through through the chair. We, we did have an opportunity to meet yesterday. Joe Pisano had an opportunity to meet with the bargaining group late yesterday and a second meeting has been set up for Friday. So Joe, did you want to add to that?
No, that's really accurate. We did have an opportunity to better understand some of the concerns that the folks who talked to Supervisor Hart raised in full disclosure. I can't say we resolved those concerns but we do have a better understanding and we were able to respond to some and as Maria Lima said, we're scheduled again to talk on Friday.
And then the timing of our action today, is there still time to have that meeting and have a productive resolution to that? How is this staged so that we might be able to integrate that conversation into this?
Well I believe so because you don't need to take any action today. You will do that on Tuesday on the ordinance. Perfect thank you
very much.
Council,
Chair and Supervisors. I think what we're getting at is that this is a multi-step today the board's action if you want to move forward on this would be to approve take the action on the first reading of this and then it comes back and there's time between then or you could even continue the second reading if that doesn't resolve We were involved with HR and some of the issues as late as this morning. Going back and really being able to point to the source of some of the language that's included here, which because the county receives state and federal money we are not a free agent in this area and we need to have terms included including prohibitions on using official office for political purposes. And I think some of it is once we can actually point to those it'll remove some of the question as to why it's there.
Supervisor Williams. So I think it's in the context of all the stuff that a certain former president was doing and Asking changes to the civil service. I think it's it's it's made people's just you know, they're there awareness or maybe their fear a little bit higher and so I do think it would be you know, I think one of the issues in particular is the question of what isn't you know? The enterprise leader, you know does is that is that the creation of an exemption. That's like big enough to drive a truck through it right? You know, like do you just can you just call a bunch of people and enterprise leader and then and then not have civil service rules apply I think That was probably the most substantive of the objections. Some of the other stuff was more about language and if, you know, the whole history of the importance of civil service as getting rid of this FOIL system being, So some of it seemed more symbolic and historical in nature, and some of it was quite easy to understand issue of is the enterprise leader Position is that something that we're going to utilize in a lot to sidestep civil service.
So I do encourage resolution on this subject. I don't think I've ever seen chain, you know, something negotiated between first and second reading but if that's okay, I'm cool
with it. Just to clarify, is that an option if we move forward today? We've got time to make amendments if necessary.
Chair I think that in order for this account as a first reading you would need to retain the language to count as a first reading but it might help for HR to again describe kind of the cascade of what's going on today when will amendments to the rules occur and is the dispute within the Language of the ordinance or actually in the future rules because I think that will help to guide the action today
And then, you know instead of delaying we could always come back with a new first reading if there are some substantial things that need to be changed between now and then.
That's correct okay But I think that if you know, I'm just pulling back up the slide presentation which talks about what are we doing today? And I think the cascade of the county code provision and then some later things. And if the dispute is within specific civil service rules, that's a different animal than if the dispute is within this governing ordinance.
Okay. Is that helpful Supervisor Hart?
Yes, that's exactly what I was looking for and the dispute. I think is within the civil service rules and I think there is time to work it out and I encourage the staff to do that thank you very much for reaching out and engaging in the dialogue.
Thank you. Supervisor Levin, are there any questions?
No questions
right. I just wanted to clarify we're not changing any office hours at this point. That's not I mean I see Can you explain that to me, Ms. DeGuevara? Some of the office hours and-
Or if I could help you with that, the ordinance being as old as it is and is difficult to revise, as you can see from this circumstance right now that we started in 2019 has gotten out a date of practice. So what we are presenting to you today in the resolution is what the actual office hours are right now.
Okay. All right, so we're going to repeal what was formerly in the previous ordinance and reflect what is currently being done in the resolution.
Right? And that's part of the overall philosophy is that we would try and keep the information in the most accessible and simplest way possible. And since by law we have to have it either an ordinance or resolution, we chose to put it in resolution. In that way you can use your time exhibiting flexibility if you need to change office hours for some particular reason.
Mr. Toplett could you mind just helping me understand because again there's a lot here on what was in the previous ordinance that we are now changing to what's in practice? I mean is this significant change Can you highlight that for me?
Well, if you look overall at all of the ordinance, I think we'll find that there's a lot of material that we felt no longer needed to be in the ordinance because it's either commonly understood by now what words mean. Or it's covered in federal law, it's covered in state law. It exists in so many other areas that we wanted to clean this up and only put in the ordinance kind of the very most important principles that needed to be there by law and weren't in another source. So it does look like a lot has happened but if you look at the annotations on the side You'll see where everything ends up going. So if we need it, it ends up with a home in an important document that the county will refer to.
Thank you Ms. Toffler I guess more specifically to the office hours or operating hours?
And that's all we moved to resolution and there were office hours for offices who don't even have anymore so this really reflects current practice
All right, thank you. Madam Clerk do we have any public comment?
Chair Nelson and members of the board we have no request to speak on this item.
Okay back to the board Supervisor Hartman.
Yes I just wanted to commend HR and everybody who's been helping do this profoundly appreciative. I really like the graphics in slide one and slide two kind of told the tale You know, private companies they get too cumbersome and they go bankrupt. But government we just keep grafting on more stuff and the upshot is that it takes experts you have to hire people to sort of wade their way through it.
And so this will create a lot more transparency and make it much easier to understand I assume as part of our Renew 20 22 which is certainly coming up soon, but so I did it It's usually we're so busy doing the day-to-day business that we don't have the time. We don't take the time We don't make the time to go back and and take on a project like this I can think of some other of our departments for this would be really valuable But you're really to be commended so I would move staffs recommendation
Thank You supervisor Hartman do I have a second Second by Supervisor Williams. Any additional comments or discussion? Hearing none, Madam Clerk would you please call the roll?
Roll-call vote Passed 4–0 move staffs recommendation Thank You supervisor Hartman do I have a second Second by Supervisor Williams. Any additional comments or discuss
Show transcript
6:16 – 6:186 turns
Motion passes unanimously
All right We've already had item 7 At this time we are going to, before we adjourn the meeting. Can
I just put in a quick thank you for Deputy County Council Chair Claire Hartley who is with me electronically downstairs and has been part of some work even as late as this morning to help go through this so thank you Claire. Thank you and thank you chair.
And before we adjourn, I'm going to send it up to Santa Maria to Supervisor Lavinino to adjourn today's meeting in honor of a life recently lost. Supervisor Lavinino?
Well, thank you Mr. Chair as many of you know former Congressman Bob Lagomarsino passed away earlier this month he was a veteran United States Navy served in World War II He has the visitor center at Channel Islands National Park named after him and an honor and in his memory I'd like to close today His tireless and bipartisan service to the county of Santa Barbara as a respected state senator and congressman from 1961 to 1992. He authored lasting legislation ranging from marine, wilderness, and wild and scenic river protections to returning the harbor's naval reserve building to the city. And most notably for creating Channel Islands National Park.
The County of Santa Barbara will be adjourning the Board of Supervisors meeting today in his honor and memory.
Thank you. Our next meeting is on March 9th, thank you.
6:18 – 6:181 turns
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