Board of Supervisors — 2021-09-21

County Executive Officer’s Report

• PG&E delayed a Public Safety Power Shutoff decision for 19 customers due to improved weather conditions.
• County employees received honors from the Santa Maria Elks Lodge for their service.

Administrative Item 23: Contract with Santa Maria Fair Park for 2021 Veterans Stand Down

• The Board approved a contract for the ninth annual Veterans Stand Down event scheduled for October 16.
• The event will provide services including medical care, mental health support, and housing assistance.

Administrative Item 27: Resolution Proclaiming September 2021 as National Recovery Month

• The Board adopted a resolution proclaiming September 2021 as National Recovery Month in Santa Barbara County.
• The resolution encourages residents to support individuals in drug, alcohol, and mental health recovery programs.

Departmental Item 1: COVID-19 Update

• Case data showed 76 new cases and 473 active cases, with 67.4% of eligible residents fully vaccinated.
• The FDA advisory panel recommended Pfizer boosters for those 65 and older or at high risk, pending formal approval.
• A mobile testing unit with a capacity of 168 tests per day is scheduled to arrive in Goleta on September 27.

County Employee Vaccination and Testing Policy Update

• Specific high-risk groups are subject to a state vaccination mandate with deadlines in September and October.
• The general workforce must verify vaccination status or undergo weekly testing, with 72% currently verified.
• Testing is managed by contracted vendors at multiple county locations, including Santa Barbara and Santa Maria.

Agenda Item D2: County-Wide Broadband Strategic Plan Participation

• Staff presented a plan to develop a county-wide broadband strategy to compete for state and federal funds.
• The presentation distinguished between unserved areas lacking infrastructure and underserved areas with subscription barriers.
• The Board approved receiving the presentation and providing directions on participation in the strategic plan.

Agenda Item D3: Behavioral Wellness Capital Housing and Care Continuum

• Staff presented capacity changes from 2016 to 2021, noting increases in crisis and supportive housing beds.
• The department identified remaining needs for additional mental health rehab, board and care, and supportive housing beds.
• The Board approved receiving and filing the items related to the capital housing continuum.

Mental Health Capital Facilities Plan

• Staff outlined a funding request that is twice the available amount, focusing on high-impact interventions.
• Public commenters raised concerns regarding acute inpatient bed shortages and the accuracy of bed increase data.
• The Board approved the motion to receive and file the mental health capital facilities plan items.

Agenda Item 4: JCC Randall LLC Appeal of Santa Rita Holdings Inc. Cannabis Cultivation Project

• Staff recommended denying the appeal and granting de novo approval for a 2.54-acre cannabis cultivation project.
• The appellant argued the project violated easement terms and state law, while the applicant cited compliance and small scale.
• Board deliberations focused on the lack of public controversy and the adequacy of the access easement.

Hills Cannabis Cultivation Appeal

• The Board discussed the resource intensity of the appeal process and the suitability of the location.
• The Board voted unanimously to deny the appeal and approve the project consistent with staff recommendations.

Closed Session

• The Board discussed existing litigation, anticipated litigation, and real property negotiations in closed session.
• No reportable action was taken during the closed session.

Announcements

• The Clerk provided announcements regarding the live Spanish broadcast of Board meetings via Cox and Comcast cable (SAP) and updated public participation methods. Public comment may be provided in person at the Santa Maria or Santa Barbara Board Hearing Room Chambers or virtually via Zoom. The Clerk reminded attendees of the County Health Officer order effective September 5, 2021, requiring indoor mask usage for individuals over two years of age regardless of vaccination status. Procedures for virtual public comment, including registration and muting protocols, were outlined.

County Executive Officer’s Report

• The County Executive Officer reported that PG&E had delayed a decision regarding a Public Safety Power Shutoff (PSPS) event affecting 19 customers in the county due to improved weather conditions. Supervisor Lavagnino highlighted honors received by county employees from the Santa Maria Elks Lodge, including Sheriff Detective Jonathan Fleming, Deputy Probation Officer Lucia Esparza, and District Attorney Paul Zellis.

Administrative Agenda

• The Board considered the approval of the administrative agenda. No items were pulled, and the Clerk confirmed no public requests to speak on the administrative agenda.
• Motion: To approve the administrative agenda.
• Second: Seconded.
• Vote: Passed unanimously.

Administrative Item 23: Contract with Santa Maria Fair Park for 2021 Veterans Stand Down

• Sponsored by Supervisor Lavagnino, this item was read into the record. Supervisor Lavagnino highlighted the upcoming ninth annual Veterans Stand Down event on October 16, noting services such as COVID-19 testing and vaccination, haircuts, showers, pet care, medical and dental services, mental health support, employment opportunities, and housing assistance. He thanked county employees and partners for their contributions.

Administrative Item 27: Resolution Proclaiming September 2021 as National Recovery Month

• Sponsored by Supervisors Hartman and Nelson, this item was read into the record. The resolution proclaims September 2021 as National Recovery Month in Santa Barbara County, encouraging residents to support individuals in drug and alcohol addiction treatment and mental health recovery programs. Amy Lopez, Veronica Uribe, Katrina Zamora, and Maria Gonzalez were present in person.

General Public Comment

• Four members of the public provided comments: 1. Katie Mickey: Requested that the Board write to Governor Newsom to veto bills SB 556 and AB 537, citing concerns regarding wireless broadband regulations, the California Public Utilities Commission (CPUC), and the digital divide. She referenced statements from Community Union President Larry Ortega regarding un-audited fees and alleged overcharges by telecommunications companies. 2. Maria Kessler: Stated that she and her daughter were denied entry to a previous board meeting due to mask requirements, arguing that her daughter’s disability exempted her from the mask mandate under the County Health Officer order. She alleged that the denial violated the County’s own order and her First Amendment rights. 3. Jeffrey Schwartz: Criticized the Board’s reliance on science over constitutional rights, arguing that mask and vaccine mandates create a "two-class society." He referenced historical precedents and expressed concerns about government overreach regarding bodily autonomy and individual rights. 4. Supervisor Williams: Clarified that his previous comments regarding National Drive Electric Week pertained to Administrative Item 26. He noted that the week coincides with Clean Air Day and highlighted incentives for electric vehicles available through Central Coast Community Energy (3CE) for residents in the northern county, with southern county residents gaining access to these incentives starting the following month.

Departmental Item 1: COVID-19 Update

• Dr. DeRionne Pollard presented the COVID-19 dashboard and updates:
• Case Data: As of September 20, there were 76 new cases (a decrease from the two-week average of 105) and 473 active cases. Total cases reached 41,402. The case rate per 100,000 was 16, with a testing positivity rate of 4.2%. Three new deaths were reported.
• Hospitalization: 45 individuals were hospitalized, with 12 in the ICU. Hospital bed usage was at 63.2%, and staffed ICU bed usage was at 70.1%.
• Vaccination: 67.4% of eligible residents were fully vaccinated. Unvaccinated individuals were 4.8 times more likely to have cases than vaccinated individuals.
• Outbreaks: 58 active outbreaks were reported, including 9 in businesses, 28 in schools, and 21 in congregate living facilities.
• Booster Shots: The FDA advisory panel voted to recommend the Pfizer booster for those 65 and older or at high risk, and supported authorization for healthcare workers. Local programs cannot begin until FDA formal approval and CDC guidance are issued.
• Testing Capacity: A mobile testing unit (mini-bus) with a capacity of 168 tests per day was scheduled to arrive at Direct Relief in Goleta on September 27.
• Flu Season: Dr. Pollard emphasized the importance of flu vaccination, noting that last year’s low flu activity was due to pandemic restrictions. She stated that no positive flu cases were currently reported in the county.

County Employee Vaccination and Testing Policy Update

• Maria Elena, the County HR Director, provided an update on the employee vaccination verification and testing policy:
• State Health Officer Orders: Specific groups (public health, PUF clinics, B-Well, correctional detention, Santa Maria Juvenile Hall, Los Vietos Boys Camp) are subject to a vaccination mandate with medical or religious exemptions. Deadlines are September 30 for clinical groups and October 14 for correctional/detention.
• County Policy: For the general workforce, employees must either verify vaccination status or undergo weekly testing. Exemptions are not required for testing, but an alternative to PCR testing is being developed for employees who cannot take PCR tests.
• Compliance: As of the report, 72% of the workforce was vaccinated and verified. The remaining 28% constitute the testing population.
• Testing Implementation: Testing locations include the Santa Barbara Administrative Building, Santa Maria (Calle Real), and department-specific sites (Fire, Sheriff, Public Health, Public Works, Social Services). Vendors Color Platform and Valencia Laboratory were contracted for testing management and specimen processing. Medical assistants were hired to observe and record self-tests.
• Exemptions: Medical exemptions require a physician’s note; religious exemptions under the state order require a declination form.

Public Comment on Departmental Item 1

• Four members of the public provided comments: 1. Maria Kessler: Argued that the RT-PCR test is flawed and that the pandemic response is a political agenda. She referenced the "Cormen-Drosten report" and expressed concerns about digital ID tracking and censorship of scientific dissent. 2. Amy Smith: Expressed concern that the pandemic response is coercive and that the definition of "vaccine" and "pandemic" has been altered. She argued that there is insufficient evidence that the situation is more serious than a normal flu season and criticized the testing regimen as a form of surveillance. 3. Jennifer Smith: Spoke on behalf of immunocompromised patients who received the Johnson & Johnson vaccine. She requested that the county facilitate access to a supplemental dose of Pfizer or Moderna, noting that no guidance had been issued for this group, unlike those who received two-dose vaccines. 4. Jeffrey Schwartz: Reiterated concerns about constitutional rights, describing mask and vaccine mandates as violations of the First and Fourth Amendments. He encouraged passive noncompliance and provided contact information for asserting constitutional rights.

Board Questions and Discussion (Departmental Item 1)

• Supervisor Hartman: Asked if the Board would receive flu shots at a future meeting. Dr. Pollard confirmed the team would be available in October.
• Chair Nelson: Asked about flu expectations given last year’s low activity. Dr. Pollard explained that last year’s low activity was due to restrictions, whereas current normalcy requires continued precautions and vaccination.
• Supervisor Lavagnino: Asked about the number of employees who have received one shot but not the second. HR indicated the number was small and would be updated. He also asked if employees in the vaccination protocol still need to test. Dr. Pollard confirmed that testing is required until two weeks after the second shot.
• Chair Nelson: Asked for clarification on which employees fall under the state health officer order versus the county policy, and about the certification process for exemptions. HR explained that medical exemptions require a physician’s note, while religious exemptions under the state order require a declination form.
• Supervisor Lavagnino: Requested data on how many of the unverified employees fall under the state mandate to better understand testing needs.
• Supervisor Lavagnino: Asked about the outbreak in the jail. Under Sheriff Saul Lindberg reported that testing is conducted every shift. There were 60 positive inmates, with 23 recovered. New inmates are tested upon entry and held in the Inmate Reception Center for 10 days (corrected from 14) before retesting. Custody deputies are tested twice a week. The Sheriff’s office is working with attorneys to determine if the state mandate applies to their facility.
• Supervisor Hartman: Asked about the timeline for FDA approval of the Johnson & Johnson second dose for immunocompromised patients. Dr. Pollard stated that FDA review is anticipated within the next several weeks, with Dr. Fauci anticipating approval within two weeks.
• Chair Nelson: Asked about the source of the jail outbreak. Under Sheriff Lindberg stated that tracing is ongoing, with the possibility that an employee brought it in. Three employees tested positive, one of whom was vaccinated.
• Chair Nelson: Highlighted the success of the Farm Day event in the Santa Maria Valley, noting over 4,200 visits, PPE distribution, and 55 COVID-19 vaccines administered.

Motion on Departmental Item 1

• Motion: To approve Item D1.
• Second: Seconded.
• Vote: The transcript ends before the vote outcome is recorded.

Agenda Item D2: County-Wide Broadband Strategic Plan Participation (American Rescue Plan Act)

Discussion and Presentation

• Staff requested the Board to receive and file a presentation from the Broadband Consortium of the Pacific Coast (BCPC), the Northern Santa Barbara County Econ Alliance, and REACH, and to provide comments and directions on participation in the development of a county-wide broadband strategic plan.
• Presenters provided background on the consortium’s history, noting it has operated since 2014 and is funded by the California Public Utilities Commission (CPUC). The presentation outlined the complexity of broadband infrastructure, distinguishing between long-haul, middle-mile, and last-mile connections. Presenters emphasized the need for a "shovel-ready" strategy by the end of the state fiscal year (June 30) to compete for available state and federal funds, including those from the Infrastructure Bill and the California Advanced Services Fund (CASF).
• Key points included:
• Digital Inclusion: Discussion on the distinction between unserved areas (lack of infrastructure) and underserved areas (infrastructure exists but residents do not subscribe due to cost, trust, or digital literacy issues).
• North County Initiatives: Presenters detailed ongoing efforts in the North County, including a "Fiber Ring" concept. They cited specific funding activities involving the Chumash Tribe, including a $50,000 initial strategy grant, a $90,000 CSF award for technical assistance, a pending EDA grant, and a $6 million NTIA request for fiber routes. Additionally, a $12.5 million CASF request by Frontier Communications for Quiama Valley was noted as pending.
• SBCAG Involvement: Director Kern from the Santa Barbara County Association of Governments (SBCAG) reported that SBCAG’s ad hoc committee had received the presentation favorably and planned to bring an item to the full SBCAG board in October to discuss taking on a strategic plan for broadband and outreach to member jurisdictions.
• Funding Eligibility: Staff clarified that the strategic plan project is eligible for ARPA funds. The immediate request involves approximately $200,000 for the study, which is considered a service purchase and eligible for restricted ARPA funds. Staff noted that the strategic plan is a prerequisite for accessing larger infrastructure grants.

Public Comment

• Sam Cohen (Chumash Tribe): Stated that the tribe has completed a feasibility study and is pursuing an EDA grant for the northern county. He mentioned a $6 million NTIA grant request to explore two fiber routes to the reservation and an FCC award for 2.5 gigahertz bandwidth. He expressed interest in partnering with the consortium and the county.
• Katie Mickey (Safe Technology for Santa Barbara County): Asked for clarification on whether the project includes small cell wireless antennas for the last mile. She expressed concern that small cells increase wildfire risk and energy consumption, advocating for fiber optics to the premises instead.

Motion and Vote

• Motion: Supervisor Lavagnino moved to receive and file the presentation and provide comments and directions on participation in the development of the county-wide broadband strategic plan (Recommended Actions A through C).
• Second: Supervisor Hartmann seconded the motion.
• Vote: The motion passed unanimously.

Agenda Item D3: Behavioral Wellness Capital Housing and Care Continuum

Discussion and Presentation

• Staff presented an update on the Department of Behavioral Wellness’s capital housing continuum and priorities for future projects serving clients with specialty mental health and substance use disorder needs. The presentation organized services along a continuum from most restrictive/costly (acute) to least restrictive/least costly (permanent supportive housing).
• Key data points presented included:
• Costs: Inpatient services cost approximately $2,500 per night, while supportive housing costs approximately $15 per night.
• Capacity Changes (2016–2021):
• Acute: Capacity remained at 16 beds, but the department contracted for an average of seven additional beds per day. Two pilot beds for misdemeanor incompetent-to-stand-trial clients were added at Crestwood.
• Crisis: Crisis stabilization beds increased from 8 to 10; crisis residential beds increased from 12 to 32; emergency shelter beds increased from 50 to 49 (noting a slight decrease or stabilization).
• Residential: Mental health rehab center beds increased from 0 to 34; adult residential board and care beds increased from 52 to 74; alcohol and drug residential beds averaged 38 per day (with capacity to contract up to 90).
• Supportive Housing: Units increased from 54 to 122, with 33 more in development.
• Remaining Needs: The department identified a need for 16 additional mental health rehab center beds, 26 additional adult residential board and care beds, and 85 additional supportive housing beds.
• Priorities: Future goals include securing additional beds for clients with misdemeanor offenses to reduce reliance on inpatient facilities, developing unlocked mental health rehab centers, and focusing on medical-fragile aging populations.

Questions and Clarifications

• Supervisor Baylor: Asked if there were no facilities in Guadalupe or Solvang. Staff confirmed there are no facilities in those specific locations, but the areas are served by assets in other cities.
• Supervisor Hartmann: Asked if these projects qualify for ARPA funding. The transcript ends before a response to this specific question is recorded.

Agenda Item: Mental Health Capital Facilities Plan (Continuation)

• Discussion: Staff presented the plan for mental health capital facilities, noting that the request for funding is twice the available amount. The plan focuses on interventions with significant impact over the next three years, tied to ARPA funding. Staff outlined future planning increments, including an unlocked mental health rehab center as a step-down from the Champion Center, evaluation of forensic population needs regarding state hospital restoration, and tracking state funds for board and care and adult residential levels of care to address long waitlists.
• Public Comment:
• A representative for Families Act expressed concern regarding the shortage of acute inpatient beds, citing data from Cottage Hospital where patients on 5150 holds left without placement. The speaker argued that the presentation was misleading regarding bed increases since 2016 because it did not account for previously contracted beds and noted that the county currently has fewer beds than the recommended standard per 100,000 residents.
• A representative for the NAMI Santa Barbara County Public Policy Committee emphasized the need for full utilization of crisis stabilization units and support for Laura’s Law to reduce inpatient bed recurrence. The speaker urged a focus on the shortage of beds for individuals in acute crisis.
• Motion and Vote: A motion was made and seconded to receive and file items A through C. The motion passed unanimously.

Closed Session

• Items: The Board entered closed session to discuss three items: existing litigation (Casablanca Beach Estates Owners Association v. County of Santa Barbara), anticipated litigation with significant exposure (one civil case), and real property negotiations for three parcels in the Old Town Orchid/Clark Avenue/South Point Estates area.
• Outcome: The Board reported no reportable action taken in closed session.

Agenda Item 4: JCC Randall LLC Appeal of Santa Rita Holdings Inc. Cannabis Cultivation Project (Case No. 12 APL 31)

• Ex Parte Communications: Supervisors Williams and Hartmann disclosed phone conversations with the applicant’s planner. No other ex parte communications were reported.
• Staff Presentation: Staff presented the appeal of a Conditional Use Permit (CUP) approved by the Planning Commission on June 9 for 2.54 acres of cannabis cultivation on a 120-acre property. The project includes mature cultivation under hoops, nursery cultivation, and uses an existing shed for storage. Staff responded to five appeal issues:
• 1. LUDC Consistency: Staff found the project consistent with the LUDC and Act 2 Zone requirements. 2. State Law/Access: Staff found the project complies with state law; the access easement provides adequate access, and disputes over the easement scope are civil matters outside the scope of permit review. 3. Evidence Support: Staff found the Planning Commission’s approval supported by evidence in the record. 4. CEQA: Staff found the county can make required CEQA findings and that the Planning Commission did not overlook environmental issues; required documentation was submitted. 5. Procedural Fairness: Staff found the Planning Commission followed all procedural standards and provided a fair hearing.
• Recommendation: Staff recommended denying the appeal, making required findings, determining the PEIR is adequate, and granting de novo approval subject to conditions.
• Appellant Presentation: The appellant argued that the county allowed commercial cannabis activity over their property without consent, citing federal prohibition and potential risks of asset forfeiture or aiding and abetting charges. The appellant contended the 1988 easement did not authorize cannabis transport, the road was too narrow for cannabis trucks, the applicant was violating setback conditions, water sufficiency was not adequately proven, and CEQA was violated due to unconsidered impacts.
• Applicant Presentation: The applicant and their attorney rebutted the appellant’s claims. They stated the truck shown was not a cannabis transport vehicle, the road is adequate, and the applicant is in compliance with setbacks and water requirements. The attorney argued that the federal prohibition concerns were legally incorrect and that the applicant had attempted mediation and good-faith negotiations with the appellant, which were not reciprocated. The applicant emphasized the small scale of the project and lack of complaints from neighbors.
• Public Comment: Two pre-scheduled public commenters were unable to connect via Zoom. No other public comments were received.
• Rebuttal:
• Appellant: Reiterated the lack of consent for cannabis transport over their property and provided details on the easement deed regarding road width (12 feet).
• Applicant: Emphasized the small, boutique nature of the project, the lack of complaints from actual neighbors, and the cooperative relationship with nearby vineyards.
• Staff Response: Staff clarified that County Fire and Roads did not require road improvements, the water usage (1 acre-foot/year) is well below the threshold and allocation, the Act 2 Zone has no side/rear setbacks, and biological resources assessments confirmed compliance with all setbacks and CDFW requirements.
• Board Deliberations:
• Supervisor Williams noted the lack of public controversy or correspondence regarding the project, the small water impact, and the adequacy of the easement. The supervisor expressed an inclination to support the project.
• Supervisor Hartmann agreed, noting the small scale, lack of complaints, and the Planning Commission’s 5-0 vote. The supervisor expressed concern about a road maintenance agreement but generally supported the project.
• Supervisor Lavagnino noted the small scale and lack of nearby neighbors expressing concerns.
• Decision: The transcript ends during board deliberations. No final vote outcome is recorded in this section.

Hills Cannabis Cultivation Appeal

• Discussion: Members discussed the appeal, noting that the process required significant staff time and resources. Comments were made regarding the preference for smaller cultivation operations and the location's suitability for minimizing nuisance.
• Motion: A motion was made to deny the appeal and approve the project, consistent with staff recommendations.
• Second: The motion was seconded.
• Decision: The motion passed unanimously.
• Adjournment: The meeting was adjourned to Tuesday, October 5, 2021, in Santa Barbara.