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Board of Supervisors — 2021-06-01

Board of Supervisors — 2021-06-01June 1, 2021

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BodyBoard of Supervisors
MeetingRegular Meeting
Date📅 June 1, 2021

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Meeting Summary

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

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

At a glance

ARPA Funding Recommendations

  • Staff presented three categories of available funds, including restricted ARPA dollars, discretionary ARPA dollars, and cannabis tax revenues.
  • The Board directed staff to prepare a recommended action incorporating Tier 1 projects, mental health services, and homeless housing acquisitions.
  • Specific allocations were directed for the Foothills Forever Project, the Recovery Resource Center, and the Public Works Transportation Fund.
  • Staff were instructed to return in October 2021 with final allocation recommendations after vetting with auditors.

Inmate Population Management and Jail Facilities

  • The Sheriff’s Office presented a rolling housing reduction plan designed to maximize on-duty staff and reduce overtime based on population triggers.
  • Staff explained that current jail capacity is required for public safety and as a last resort for individuals with mental illness or addiction issues.
  • The Board directed the CEO’s office to engage an independent consultant to evaluate the Sheriff’s plan and staffing model.
  • The Board also directed the CEO’s office to contact the Board of State and Community Corrections to clarify AB 900 requirements regarding rated jail bed capacity.
Failed 2–2 · in favor: Williams, Hartmann

Closed Session

  • The Clerk reported that the board met in closed session to discuss labor negotiations and public employee performance evaluations.
  • The Clerk stated there were no reportable actions resulting from the closed session.

Full summary

Meeting Overview

  • The Santa Barbara County Board of Supervisors convened for a special meeting on June 1, 2021. The session included a closed session, followed by a regular session addressing Departmental Item 1 (ARPA Funding) and Departmental Item 2 (Inmate Population Management). The Board adjourned the special meeting, noting that they would reconvene on June 8, 2021, for the 2021–2022 budget hearings.

Departmental Item 1: American Rescue Plan Act (ARPA) Funding Recommendations

  • Discussion: The Board reviewed recommendations for the allocation of ARPA funds and other one-time resources for fiscal year 2021–2022. Staff presented an update outlining three categories of available funds:
  • 1. Restricted ARPA Dollars (~$25.3 million): Funds restricted to specific uses defined by U.S. Treasury guidelines, including emergency response, extending lost revenues, premium pay for essential workers, and water/sewer/broadband infrastructure. Approximately $7 million of this amount is proposed for the acquisition of a homeless housing facility. 2. Discretionary ARPA Dollars (~$18 million): Funds intended to reimburse the county for general revenues lost due to the pandemic. Approximately $4 million is associated with transportation funds, and $4.95 million is proposed for Tier 1 Capital Improvement Plan (CIP) projects. 3. Cannabis Tax Revenues (~$8.85 million): Carryover funds available for one-time projects or critical needs.
  • Staff noted that the U.S. Treasury released interim final rules on May 10, with final guidelines expected in early September. Staff recommended that the board provide direction on priorities now, with final allocation recommendations to be presented in October 2021 after vetting with internal and external auditors.
  • Public commenters addressed various priorities, including:
  • Housing: Requests to allocate funds for emergency housing vouchers and retention services for vulnerable populations.
  • Child Care: Proposals to use ARPA funds to build emergency child care communication infrastructure and support private child care providers in recovering to pre-pandemic service levels. Representatives from the Emergency Child Care Initiative and the Child Care Planning Council requested that 5% of ARPA funds be allocated to child care infrastructure.
  • Infrastructure and Environment: Comments regarding siltation in reservoirs, water infrastructure, and the San Marcos Preserve. One commenter argued against using taxpayer or cannabis funds for the San Marcos Preserve, citing the loss of tax revenue and housing land, while another supervisor noted public contributions toward the project.
  • Equity and Geography: Discussion regarding the distribution of projects between North and South County, with specific mention of the Orchid Community Park lighting project and the need for equitable representation of unincorporated areas.
  • Mental Health: A request to allocate approximately $4 million in ARPA funds for mental health services over the three-year funding window. Staff estimated a three-year investment of $1.5 million ($400,000–$500,000 annually) for behavioral health service expansions.
  • Foothills Forever Project: A board member proposed using $2 million in cannabis funds to assist in the acquisition of 100 acres in the South Coast Foothills, noting that community fundraising had raised over $17 million toward an $18.6 million goal with a deadline of June 9.
  • Recovery Resource Center: A board member proposed establishing a "Recovery Resource Center" (or navigation center) to help the county and community access various state and federal funding streams, suggesting an immediate allocation of approximately $200,000 to $250,000.
  • CIP Priorities: A board member emphasized the importance of prioritizing CIP projects with short payback periods and energy savings, noting that some high-value projects were currently listed in Tier 2 rather than Tier 1.
  • Process and Transparency: Board members expressed concern about the complexity of navigating federal funding guidelines for the public and requested that staff develop mechanisms to help the public understand eligibility and access funds.
  • Board Direction: The Board directed staff to prepare a recommended action for the following week that reflects the following:
  • Acceptance of Tier 1 projects.
  • Inclusion of the Orchid Community Park lighting project (approx. $500,000).
  • Allocation of funds for mental health services.
  • Consideration of incentives for affordable and workforce housing development.
  • Review of water and sewer infrastructure needs.
  • Ensuring equitable distribution of projects across the county, including unincorporated areas.
  • Allocation of $2 million from cannabis funds for the Foothills Forever Project.
  • Allocation of $100,000 from cannabis funds for the local match for the Guadalupe campground and Point Sal trails feasibility studies.
  • Allocation of approximately $250,000 from restricted ARPA funds to establish the Recovery Resource Center.
  • Allocation of $1.5 million from restricted ARPA funds for mental health services.
  • Allocation of $7 million from restricted ARPA funds for homeless housing.
  • Allocation of $4.3 million of discretionary ARPA funds to the Public Works Transportation Fund.
  • Inclusion of Tier 1 CIP projects and the Orcutt Community Ball Field (moved from Tier 2 to Tier 1) in the recommended budget.
  • Preparation of presentations and study sessions before October on broadband, child care, and workforce housing needs.
  • Motion and Vote:
  • 1. Motion on ARPA Allocation: A motion was made and seconded to:
  • Incorporate Tier 1 CIP projects (~$5 million) into the recommended budget for consideration at the next budget hearing.
  • Allocate up to $7 million of restricted ARPA dollars for the acquisition of a homeless housing facility.
  • Identify potential uses for remaining ARPA and cannabis funds, including property acquisitions or other homeless housing, for incorporation into the recommended budget.
  • Refer the remaining ARPA funding and cannabis revenues back to staff for further evaluation, eligibility determination, and prioritization, with a directive to return to the board in fall 2021 for final allocation.
  • Outcome: The motion passed.
  • 2. Motion on Specific Projects: A motion was made and seconded to accept the Tier 1 projects, add the Orchid Community Park lighting project, and direct staff to return with the specified recommendations (including mental health funding and housing incentives) by October.
  • Outcome: The motion passed unanimously.

Departmental Item 2: Inmate Population Management and Jail Facilities

  • Discussion: The Board heard a presentation from the Sheriff’s Office regarding inmate population management, bed capacity, and staffing.
  • Population Trends: Data presented showed a downward trend in Average Daily Population (ADP) pre-pandemic, but a significant increase in the average length of stay for felons since 2019. Current jail population is 614, with 94.3% (579 inmates) facing felony charges and only 34 facing misdemeanors. 68 inmates (11.1%) are facing murder or attempted murder charges. Staff emphasized that the jail is not currently housing low-level offenders and that the capacity is needed for public safety and as a last resort for individuals with mental illness or drug addiction issues who lack other services.
  • Classification and Housing: The Sheriff’s Office explained the objective classification system used to determine security housing levels (minimum, medium, maximum, restrictive) based on risk factors.
  • Rolling Closure Plan: The Sheriff’s Office presented a "rolling housing reduction plan" that strategically opens and closes housing areas based on ADP triggers to maximize on-duty staff and reduce overtime. This plan accounts for a 15% classification factor and a 5% peak factor.
  • Housing Configuration Plan: Staff presented a "rolling housing reduction plan" based on Average Daily Population (ADP). The current ADP is 614. The proposed configuration (Phase Six) involves closing Main Jail West, Main Jail South, Main Jail Basement, and the Medium Security Facility, resulting in a total capacity of 741 beds and a trigger ADP of 598. This configuration has the potential to save 14 posts.
  • If ADP drops below 598 for 21 days, the jail would move to Phase Seven (closing Main Jail East, reopening Main Jail South), saving an additional two posts.
  • If ADP rises above 689 for 21 days, the jail would move to Phase Five (closing D barracks, opening Main Jail West), providing 853 beds.
  • The Operations Commander can authorize immediate reconfiguration in cases of sudden significant population changes.
  • Staffing and Overtime: Staff explained that despite filling AB 900 positions, overtime is still used due to a structural staffing deficit. Of 176 authorized custody deputy lines, only 146 are available for filling posts. 30 deputies are unavailable, primarily due to being in the Academy or Field Training (CTO). State regulations require new deputies to complete a 12-week academy and 12–16 weeks of field training before working independently, meaning it can take up to one year to fill a vacancy with a fully functioning deputy.
  • Staff stated that overtime expenditures are on track to be the lowest in the past 10 fiscal years due to the hiring of staff for the Northern Branch Jail.
  • Staff noted that once the Northern Branch Jail opens, 50 of the currently hired staff will be transferred there, leaving a deficit in the main jail. The housing reduction plan is intended to allow for cost avoidance (reduced overtime) rather than direct cost savings, as the overtime was not budgeted.
  • Public Safety and Crime Statistics: Staff and law enforcement representatives cited rising crime rates, including homicides, shootings, and property crimes, as factors that may increase jail population post-pandemic.
  • Northern Branch Jail Timeline: The Northern Branch Jail is expected to open in the fall. Staff indicated that the current low population is partly due to pandemic-related restrictions and that population is expected to rise as courts clear backlogs and law enforcement resumes normal booking practices.
  • Budgetary Implications: The Board discussed the budgetary impact, specifically a $2.2 million increase in the Northern Branch Jail Operating Funding Plan (General Fund contribution) for the upcoming budget.
  • Legal and Procedural Clarifications: The County Counsel provided legal context regarding the Sheriff’s Department and the board’s budget authority.
  • Jail Capacity and Legal Standards: The County Counsel clarified that the AB 900 Phase 2 requirements and the Disability Rights California litigation are separate legal frameworks. The AB 900 requirement involves maintaining a certain number of rated beds (approx. 1,034) for surge capacity, which does not require daily occupancy at that level. The Disability Rights litigation focuses on standards of care (out-of-cell time, healthcare space, ADA access) rather than specific inmate numbers. The County Counsel confirmed that staffing levels are based on the actual number of inmates present, not a fixed minimum.
  • Budget Authority: The County Counsel explained that the board has sole authority to adopt the budget, while the Sheriff has sole and exclusive authority to manage the jail and determine who is housed there. The board can appropriate specific amounts of funding, but attempting to manage jail operations (such as bed closures or staffing levels) through budget actions creates legal tension. The board’s action is complete upon adopting the budget, and the Sheriff manages within that budget.
  • Consultation and Review: Board members requested that the CEO’s office engage an independent consultant (such as Justice Solutions) to evaluate the Sheriff’s plan and staffing model. They also requested that the CEO’s office contact the Board of State and Community Corrections (BSCC) to clarify the parameters of AB 900 requirements regarding rated jail bed capacity.
  • Transparency: Board members emphasized the need for greater transparency and public engagement in the criminal justice reform process, noting that the current presentation format was difficult for the public to follow.
  • Public Comment:
  • Supervisor Hart: Expressed support for the jail opening, citing the burden on small agencies in the northwest corner of the county. Noted that processing prisoners currently takes 3–4 hours, leaving only one officer on patrol at night. Stated that the jail would save money and allow for better community service, including providing services to individuals with narcotic issues who might otherwise become a threat to the community.
  • Police Chief (Santa Barbara): Agreed that low-level offenders do not need jail but emphasized the need for capacity to handle complex social problems, mental illness, and drug addiction. Noted a backlog of cases and a rise in property crime. Stated that the jail serves as a necessary last resort and that capacity and usage are distinct issues.
  • Sheriff/Chief of Staff: Reiterated that the plan is for cost avoidance, not savings, because overtime is not budgeted. Expressed disappointment in the direction of the hearing, arguing that cutting the custody budget by $2 million is inappropriate and reckless. Stated that the Northern Branch Jail requires a prorated operating fund increase for staffing, medical, and other needs. Argued that the board is effectively defunding the police and that the current low jail population is artificial due to the pandemic.
  • Police Chief (Santa Maria): Supported the sheriff’s rolling housing plan, citing significant increases in aggravated assault (72%), motor vehicle theft (67%), and shooting incidents. Stated that the plan allows flexibility to evaluate whether post-pandemic numbers will remain low or rise.
  • Chumash Tribe Representative: Announced that the Chumash feasibility study for broadband on the reservation is nearly complete and that they are leveraging this to seek additional funding from the Economic Development Administration for a North County study.
  • Susan Horn: Commented on the confluence of events including the North County Jail opening, South County Jail renovation plans, institutional racial justice discussions, and ARPA funding. She noted that recent agenda items and RFQs were issued without known community input or explanation. She suggested investigating wellness models for custody deputies, citing the Oregon Department of Corrections, and encouraged continued funding for behavioral health and diversion programs.
  • Holly Goldberg: Representing the Santa Barbara Foundation’s Emergency Child Care Initiative, appealed for ARPA funds to support a county-wide emergency childcare infrastructure. She stated that current funding ends on June 30 and that state and federal funds will not cover the necessary emergency action plan or private childcare recovery.
  • Pamphlet Tambo (speaking personally): Emphasized the basic need for housing and safety for physical and mental health, encouraging the board to move forward with the item.
  • Pamphlet Tambo (speaking on behalf of the League of Women Voters of Santa Barbara): Expressed support for a corrections system focused on rehabilitation and recidivism prevention. The speaker questioned the rationale for opening more beds in the South County facility given the reduced population during the pandemic and the upcoming North County Jail opening. The League advocated for public inclusion in hearings regarding the repurposing of the South County facility and a shift in public safety culture toward rehabilitation.
  • Public Commenter: Expressed support for diversion programs and humane justice systems. They noted that an RFP had been issued for the architectural redesign of the South County jail facilities and requested public hearings to explain the redesign and allow public input on facility usage. The commenter advocated for a system that prioritizes housing, services, and medical care for inmates.
  • Motion and Vote:
  • 1. Motion on Staffing/Budget: A motion was made and seconded regarding the approval of staff recommendations A and B related to inmate population management and the associated budgetary increases.
  • Outcome: The motion failed (2 to 3).
  • 2. Motion on Detaining Savings: A motion was made to detain $1.95 million of the projected overtime savings in the Sheriff’s budget, proposing that half be retained by the department and half placed in a fund for recidivism reduction and diversion programs.
  • Outcome: The motion failed.
  • 3. Motion on Direction: Following the failed motions, the Board discussed further direction. A motion was made and seconded to:
  • Direct the CEO’s office to reach out to the Board of State and Community Corrections to discuss the parameters of the AB 900 requirement for rated jail beds.
  • Request that the Sheriff return with more information on potential timelines and action steps for implementing the proposed plan.
  • Direct the CEO’s office to partner with an independent consultant to evaluate the Sheriff’s plan and provide feedback to the board.
  • Outcome: The motion passed unanimously.
  • 4. Motion on Cannabis Funding: A motion was made to move forward with the discussed items (specifically referencing the exclusion of cannabis funding from a specific box and moving forward with a related decision).
  • Outcome: The motion failed.

Closed Session Report

  • Discussion: The Clerk reported that the board met in closed session to discuss two matters:
  • 1. Conference with labor negotiators concerning all bargaining units, unrepresented employees, managers, and executives. 2. Public employee performance evaluations for the directors of 12 county departments, including Agricultural Commissioner, Child Support Services, Community Services, Fire, General Services, Human Resources, Planning and Development, Probation, Public Defender, Public Health, Public Works, and Social Services.
  • Decision: The Clerk stated there were no reportable actions resulting from the closed session.