Board of Supervisors — 2021-08-24

Administrative Agenda

• The board approved the reappointment and employment contract for the County Executive Officer, including a salary increase to approximately $309,193.
• Recommendations regarding a case management system agreement with Journal Technologies Inc. were approved.
• A Coastal Resource Enhancement Fund grant contract with the Lompoc Unified School District was approved.
• The entire administrative agenda was approved unanimously.

Resolutions Read into the Record

• A resolution proclaiming August 2021 as Child Support Awareness Month in Santa Barbara County was approved.
• A resolution honoring Elizabeth Lisa Tenor for her retirement from the Child Support Services Department was approved.

County Executive Office – COVID-19 Update and Employee Vaccination Policy

• Public Health staff reported that 88% of individuals hospitalized for COVID-19 in the summer were unvaccinated and that hospital bed capacity is in the red zone.
• The Medical Officer presented scientific data supporting the reliability of PCR testing and the safety profile of mRNA vaccines.
• Staff outlined the county's vaccine delivery capacity and noted that full FDA approval of the Pfizer vaccine may increase uptake among unvaccinated residents.
• The board directed the CEO and Human Resources to develop a policy requiring county employees to verify vaccination or undergo regular testing.

Agenda Item D1: Public Comment on County Employee Vaccine Mandate

• Public commenters expressed varied views on mandates, citing concerns about civil liberties, staffing shortages, and patient safety.
• Board members discussed the balance between public health protection and employee rights, with some supporting a mandate with testing options and others preferring a voluntary approach.
• The board passed a motion to direct staff to develop a countywide policy for a vaccine mandate that includes the option for weekly testing.

Agenda Item D2: Planning and Development – Cannabis Cultivation Project Appeal

• The appellant withdrew the appeal of the Planning Commission approval for the Autumn Brands LLC and Ocean Hills Hill Farms LLC project.
• The withdrawal was attributed to a broader agreement between Carp Growers and the Coalition for Responsible Cannabis regarding odor control and monitoring.
• The board approved the withdrawal of the item and implemented staff recommendations.

Closed Session

• The board met in closed session to discuss existing litigation involving the Flood Control Water Conservation District.
• Real property negotiations regarding parcels near Highway 101 and Gaviota were addressed.
• Labor negotiations for various bargaining units were conducted.

Meeting Start and Roll Call

• The August 24, 2021, meeting of the Santa Barbara County Board of Supervisors was called to order by Chair Nelson. The Clerk of the Board called the roll, confirming the presence of all five supervisors: Williams, Hart, Hartman, Lavinino, and Nelson. The board recited the Pledge of Allegiance.

Approval of Minutes

• Item: Approval of minutes from the August 3, 2021, special meeting and the August 17, 2021, regular meeting.
• Action: Supervisor Nelson moved to approve the minutes. Supervisor Hartman seconded the motion.
• Decision: The motion passed unanimously.

Announcements

• The Clerk of the Board provided announcements regarding live Spanish interpretation and broadcast availability via Cox and Comcast cable. Updated methods for public participation were outlined, including in-person attendance at Santa Maria and Santa Barbara hearing rooms and virtual attendance via Zoom. The Clerk reminded attendees of the county health officer order requiring indoor mask usage for individuals over age 2, regardless of vaccination status. Procedures for virtual public comment, including registration requirements and time limits (up to three minutes per person), were also detailed.

County Executive Officer’s Report

• Item: Report from the County Executive Office.
• Action: CEO Mona Miyasato reported no business for the morning.

Administrative Agenda

• Items Pulled: Supervisor Hartman pulled Item A-6. Chair Nelson requested Items A-9 and A-11 be pulled for discussion. Supervisor Lavinino initially requested to pull Item A-4 but withdrew the request after speaking with staff.
• Item A-6 (District Attorney): Consideration of recommendations regarding an agreement with Journal Technologies Inc. for a case management system. Supervisor Hartman expressed support for the direction. The item was taken up with the totality of the administrative agenda.
• Item A-9 (Human Resources): Consideration of recommendations regarding the reappointment and employment contract for the County Executive Officer, including a new annual salary of approximately $309,193 effective August 25, 2021. Chair Nelson addressed social media concerns regarding the salary, stating the raise was 7% and appropriate for the market. Supervisor Lavinino moved to approve the item, citing the CEO’s leadership and financial stewardship. Supervisors Hart, Hartman, and Williams also spoke in support of the CEO’s retention and compensation.
• Item A-11 (Planning and Development): Consideration of recommendations regarding the Coastal Resource Enhancement Fund grant contract with the Lompoc Unified School District. Chair Nelson highlighted the educational benefits for Cabrillo High School students.
• Motion: Supervisor Lavinino moved to approve the entire administrative agenda. Supervisor Hartman seconded the motion.
• Decision: The motion passed unanimously.

Resolutions Read into the Record

• Item A-25: A resolution sponsored by Supervisor Nelson proclaiming August 2021 as Child Support Awareness Month in Santa Barbara County. The resolution was read into the record. Joni Maiden, Director of Child Support Services, addressed the board via Zoom, discussing the department’s services, recent virtual informational sessions, and a survey of case participants.
• Item A-26: A resolution sponsored by Supervisor Nelson honoring Elizabeth Lisa Tenor upon her retirement from the Child Support Services Department after 21 years of service. The resolution was read into the record. Director Maiden spoke on behalf of the department, and Lisa Tenor addressed the board via Zoom.
• Decision: Both resolutions were approved as part of the unanimous vote on the administrative agenda.

General Public Comment

• The Clerk reported 13 requests to speak on general public comment (items not on the agenda). The following comments were received:
• Maria Kastner: Requested data supporting county COVID-19 claims and questioned the validity of PCR tests and county policies. Chair Nelson noted that specific COVID-19 policy discussions were scheduled for Departmental Item 1.
• Grace Wallace: Indicated she would wait to speak until Departmental Item 1.
• Andy Caldwell: Addressed concerns regarding the CEO’s salary and the handling of an oil spill in Toro Canyon, requesting a departmental item on the spill.
• Leslie Weinstock: Spoke on behalf of Safe Tech SBC, citing a Ninth Circuit Court of Appeals ruling regarding FCC guidelines and requesting the county reconsider cross-outs to the telecom code regarding small cell antennas.
• Katie Mickey: Also spoke regarding small cell antennas, citing safety concerns and requesting a meeting with the county to discuss code revisions.
• Jeffrey Schwartz: Discussed the "stages of genocide" in the context of current societal divisions and government policies. Supervisor Williams responded, stating that comparing mask mandates to genocide was inaccurate.
• Tristan Strauss: Announced an agreement between Carp Growers and the Coalition for Responsible Cannabis regarding odor control, transparency, and science-based monitoring.
• Mark Shatillo: Detailed the technical aspects of the Carp Growers agreement, including the use of best available control technology and expanded clean air areas.
• Sherry Lewis: Spoke on behalf of healthcare workers regarding vaccination mandates, citing concerns about job security and staffing shortages at Marion Medical Center. Chair Nelson suggested this topic was more appropriate for Departmental Item 1.
• Brooke Rogers: Indicated her comment was related to COVID-19; Chair Nelson directed her to Departmental Item 1.
• Mike Feely: An emergency physician who spoke against vaccination mandates, citing moral objections and concerns about adverse effects.
• Fred Sweeney: Promoted the Mission Heritage Trail Walking Guide and expressed concern about being in a room with unvaccinated individuals.
• Amy Smith: Addressed the board’s governance role regarding health officers and corporate influence on public health decisions, urging the board to act independently of pharmaceutical and tech interests.

Departmental Agenda Item 1: County Executive Office – COVID-19 Update and Employee Vaccination Policy

Briefing on County Health Metrics and Hospital Capacity

• Public Health staff presented data comparing case rates in San Luis Obispo, Santa Barbara, and Ventura counties, noting that San Luis Obispo County experienced a roughly 200% increase in case rates over four weeks, while Santa Barbara County saw a 107% increase. Vaccination rates were reported as 59.7% for San Luis Obispo, 63.7% for Santa Barbara, and 67.1% for Ventura. Staff attributed the impact of universal masking orders and safety precautions to positive trends in case rates.
• County-specific data as of August 23 included 83 new cases (down from a two-week average of 120), one new death, 708 active cases, and 77 individuals hospitalized (15 in the ICU). Hospitalizations increased by 120% and ICU cases by 200% between August 9 and August 23. Staff noted that 67% of hospital beds were in use, placing the county in the "red zone" for bed capacity, and 79% of staffed ICU beds were in use. Data indicated that 88% of individuals hospitalized for COVID-19 in May, June, and July were unvaccinated. County vaccination rates stood at 64% of eligible residents, with 49 active outbreaks under monitoring.

Briefing on FDA Approval and Vaccine Capacity

• Staff reported that the Pfizer vaccine received full FDA approval for ages 16 and older on August 23, while Moderna’s application was pending. Staff cited a national poll suggesting 31% of unvaccinated individuals might be more likely to vaccinate after full approval, estimating this could result in 42,000 to 43,000 additional vaccinations in Santa Barbara County. Staff outlined the county’s vaccine delivery capacity, including 35 fixed locations and mobile clinics, and detailed recent outreach efforts, such as backpack distribution events in Santa Maria and Lompoc that resulted in increased vaccination uptake. Testing capacity was also discussed, including employer-based testing partnerships and upcoming mobile testing units.

Medical Officer Presentation on Public Health Claims

• The Medical Officer presented scientific references to address common claims regarding COVID-19. Key points included:
• PCR Testing: Described as reliable with 90–95% sensitivity and 99% specificity.
• Natural Immunity: Stated that vaccination provides better protection against variants than natural immunity alone.
• Vaccine Safety: Noted that of 6,207 death reports in the VAERS database, only three were determined to be caused by blood clots linked to the Johnson & Johnson vaccine.
• Experimental Status: Clarified that mRNA technology has been studied for over a decade and that the vaccine is not gene therapy.
• Fertility: Cited studies indicating no evidence that COVID-19 vaccines affect fertility.

Board Questions and Staff Responses

• Booster Shots: The Medical Officer stated that booster shots are currently approved for individuals with severe immunosuppressive conditions four weeks after their second shot. For the general population, a third shot is available eight months after the second shot for those who received Pfizer or Moderna, starting September 20. No recommendation was yet available for Johnson & Johnson recipients.
• Complaints: Staff directed the public to the county website’s complaint form to report businesses not following mask orders, noting that Public Health conducts audits and education outreach.
• Pediatric Cases: In response to concerns about pediatric cases, the Medical Officer advised parents to ensure they are vaccinated, follow indoor masking guidelines in schools, and keep children home if they exhibit mild symptoms.

Discussion on County Employee Vaccination Mandate

• Supervisor Hart requested that the Board direct the CEO and Human Resources to develop a county policy requiring county employees to verify COVID-19 vaccination or undergo regular testing. Supervisor Hart cited the FDA’s full approval of the Pfizer vaccine, President Biden’s call for employer mandates, and the need to protect public safety and county operations.
• Staff Clarification: County Council explained that the Board could direct staff to develop a policy, which would likely take the form of a county policy. Staff noted that the Board would need to meet and confer with labor groups regarding the reasonable effects of the policy before or after adoption, recommending that implementation wait until meet-and-confer discussions are complete.
• CEO Response: The CEO outlined two potential paths: mandating vaccination (with religious or health exemptions) or requiring proof of vaccination or regular testing. HR indicated readiness to implement either option, with testing potentially starting within a month. The CEO noted that HR would prefer more time for logistics, suggesting a fall implementation timeline.
• Cost Inquiry: Supervisor Lavinino asked about the costs associated with testing. HR confirmed that testing would be provided through a state program at no cost to the county, with only minor costs for purchasing testing machines.

Board Member Comments

• Supervisor Hart: Expressed intent to start the dialogue, noting that a future hearing would be required to adopt any policy. Cited the FDA approval as a significant milestone and the urgency of the Delta variant.
• Supervisor Lavinino: Stated he was not prepared to discuss the mandate today as it was not on the agenda. Expressed a preference for a "carrot" approach over a mandate, noting that 70% of county employees had already received at least one shot. Indicated he could not support a mandate today but encouraged vaccination.
• Supervisor Hartman: Supported exploring the mandate further, citing the county’s role in emergency preparedness and the need to ensure staff availability during disasters. Noted that one county office had previously closed due to staff illness.
• Supervisor Williams: Indicated he had given the matter significant thought but chose to wait for public comment before sharing his views.
• Chair Nelson: Stated he was not comfortable making a decision today and preferred a full hearing in the future. He requested clarification on the protocol for directing staff, which was provided by County Council.

Public Comment

• Nineteen public comments were received. Speakers addressed various topics, including:
• Support for Mandates: One speaker from Marion Regional Medical Center stated that the hospital was following a state mandate requiring all employees to be vaccinated by September 30, citing patient safety and state orders.
• Opposition to Mandates: Multiple speakers opposed a county mandate, citing concerns about civil liberties, bodily integrity, and the lack of long-term safety data for mRNA vaccines. Some speakers argued that mandates would negatively impact staffing in critical roles such as firefighting and healthcare.
• Scientific Disputes: Several speakers challenged the validity of PCR testing, the efficacy of vaccines against the Delta variant, and the safety profile of vaccines, citing specific studies and experts. Some speakers requested that the Medical Officer apologize for previous statements regarding testing validity.
• General Concerns: Speakers expressed frustration with perceived lack of transparency, censorship of dissenting medical opinions, and the economic and social impacts of pandemic restrictions. Some speakers called for open forums with local doctors and emphasized the need for community trust.

Agenda Item D1: Public Comment on County Employee Vaccine Mandate

• Public comment was received from several individuals, including Michael Moore (Santa Barbara County Fire Department), Faye Brandmeier, Chris Arringer (IAFF Local 525), Damian Vasquez, Amy Blair, Irene Martinez (psychologist), Sean Kaufman (County Fire Department), Grace Wallace, and Brooke Rogers (Registered Nurse). Speakers expressed opposition to vaccine mandates, citing concerns regarding personal autonomy, adverse health effects, the Nuremberg Code, and the impact on the healthcare workforce. Other speakers referenced the lack of response to submitted affidavits, the efficacy of vaccines, and the mental health impacts on children.
• Following public comment, Board members provided remarks. Supervisor Nelson noted the politicization of public health issues and the need for grace in discourse. Supervisor Williams stated that county employees interact with the public and that a mandate with weekly testing options is the least intrusive measure to increase vaccination uptake, while also emphasizing the need for better outreach in low-vaccination areas. Supervisor Lavinino expressed that he did not support the mandate at this time and wished to wait for further information. Supervisor Hartman referenced historical Supreme Court upholding of vaccine mandates and the importance of the common good. Supervisor Hart emphasized the responsibility to protect public health and the effectiveness of vaccines.

Motion and Vote

• Supervisor Hart moved to direct the CEO and Human Resources to develop a countywide policy for the implementation of a vaccine mandate for county employees, including the option for weekly testing. Supervisor Williams seconded the motion, adding a request to entertain additional communication strategies regarding vaccine options.
• CEO Miyasato indicated that staff could return with the policy next week. Staff clarified that at least 60% of employees were already vaccinated based on previous Cal OSHA guidelines data, though this number may be understated. Staff agreed to include information on remote work options and communication strategies in the upcoming report.
• The motion passed.

Agenda Item D2: Planning and Development – Cannabis Cultivation Project Appeal

• The item concerned the Santa Barbara County Coalition for Responsible Cannabis Appeal of the Planning Commission approval of the Autumn Brands LLC and Ocean Hills Hill Farms LLC cannabis cultivation project.
• Staff Director Plowman reported that the appellant had withdrawn the appeal. Consequently, there was no longer an item for the Board to hear.
• Autumn Shelton (President of Carp Growers and owner of Autumn Brands) and Mark Shatillo (Coalition for Responsible Cannabis) provided comments regarding the withdrawal. They explained that the appeal was subsumed by a larger agreement reached between Carp Growers and the Coalition. This agreement includes a new odor complaint response program, a model odor abatement plan filed with permits, and continued funding for research into odor science and mitigation. Both parties expressed appreciation for the county staff’s assistance in finalizing the documents and resolving the odor control issues.
• Supervisor Hartman asked if there would be a way for consumers to identify businesses abiding by the agreement; Mr. Shatillo stated that no such mechanism currently exists but it is a topic for further discussion.

Motion and Vote

• Supervisor Williams moved to withdraw the item and implement staff recommendations. Supervisor Lavinino seconded the motion. No further discussion was recorded. The motion passed unanimously.

Closed Session Items

• County Counsel listed the following items for closed session: 1. Existing Litigation (Board of Directors for Santa Barbara County Flood Control Water Conservation District):
• District v. N. Scott Vincent (Superior Court Case No. 19CV06567).
• District v. DeLuvia Holdings (Santa Barbara Superior Court Case No. 18CVO4567).
• 2. Real Property Negotiations:
• APN 081-130-019 and 031-130-060 (near Highway 101, Goleta). Negotiating parties: Gaviota Terminal Company and Trust for Public Land.
• APN 081-130-070 (17100 Cali Mariposa Arena, Gaviota). Negotiating parties: Point Arguello Pipeline Company and Trust for Public Land.
• 3. Labor Negotiations: For all bargaining units, unrepresented employees, managers, and executives.
• The Board entered closed session.

Reconvening from Closed Session

• County Counsel reported that the Board met in closed session regarding the two existing litigation items and the two real property negotiation items listed previously. The Board adjourned the meeting, with the next session scheduled for August 31st.