Board of Supervisors — 2021-10-12

Al-Asal Fire Status

• The fire has burned approximately 6,000 acres with active flames along Highway 101 between El Capitan and the landfill.
• Approximately 600 firefighters are on scene, though aircraft are grounded due to high winds.
• Minimal damage was reported to the Tahquitz facility, with no confirmed residential structure damage.
• Evacuation orders and warnings were issued for specific canyon and beach areas, with 18 individuals sheltering at Dos Pueblos High School.

Arts and Humanities Month Resolution

• The Board accepted a resolution proclaiming October 2021 as National Arts and Humanities Month.
• The resolution commends the City of Buellton’s Arts and Culture Committee for the 2021 Leadership in Arts Award.
• Representatives from the Buellton Arts and Culture Committee expressed gratitude and highlighted local arts projects.

COVID-19 Update and Public Comment

• Dr. DeRosso clarified that the county is in the "substantial" transmission category with a case rate of 11 per 100,000 per day.
• Eleven speakers addressed the Board regarding vaccine safety, efficacy, and mandates, with varied perspectives on public health measures.
• Supervisor Williams provided county data noting 43,080 positive cases and 509 deaths to emphasize the ongoing danger of the virus.
• The Board approved the item unanimously after the public comment period.

CDBG Disaster Relief Funds

• The Board rescinded a previous approval of the Authorizing Resolution and Master Standard Agreement for CDBG funds.
• The item was continued to the November 2, 2021, meeting to allow time for state review.
• This action was taken in response to a request from the Public Works Department.

Health and Human Services Recovery Strategies

• Staff presented a report outlining six recovery focus areas, including behavioral health, housing, and economic revitalization.
• The estimated cost is approximately $6.9 million for Year 1 and $24.5 million for Years 2 and 3, funded by ARPA and other sources.
• The Board discussed the sustainability of programs and the requirement to obligate ARPA funds by December 2024.
• The Board was asked to receive and file the report and provide direction, with no formal motion taken in this segment.

Staff Report on Interlocal Partnerships

• Supervisor Hartmann discussed the challenges of engaging other jurisdictions in planning partnerships and the importance of cross-sector cooperation.
• Staff noted that tangible benefits, such as addressing encampments, are key to demonstrating value to partner jurisdictions.
• The Board approved Items A through C of the staff report unanimously.

Workforce Development Board Report

• The WDB Executive Director presented an overview of the board’s structure, funding sources, and performance data.
• The Board discussed labor force participation rates, unemployment trends, and the impact of federal unemployment benefits ending.
• The Board approved the recommended actions for the Workforce Development Board unanimously.

Proclamation of Local Emergency (Alisal Fire)

• The Board accepted the ex-agenda item to consider a local state of emergency due to the Alisal fire.
• The proclamation cites disruptions to public facilities, including the Texas Landfill, railway service, and Highway 101.
• The Board approved the staff recommendations for the proclamation unanimously.

Keysight 3 Residential Subdivision

• The applicant presented a proposal for 119 units on 138 acres, with 80% dedicated to open space.
• Public commenters raised concerns regarding traffic, density, and the impact on local roads and infrastructure.
• The Board continued the item to allow the applicant to acquire the Oak Brook access easement and evaluate alternatives.
• The project will need to be renoticed before returning to the Board for a final decision.

Closed Session

• The Board recessed to discuss existing and anticipated litigation, including Zissa v. County of Santa Barbara and Murray v. County of Santa Barbara.
• The County Counsel reported that no reportable action was taken during the closed session.

Meeting Start and Announcements

• The October 12, 2021, meeting of the Santa Barbara County Board of Supervisors was called to order. The Clerk confirmed the presence of all members. The Board pledged allegiance to the flag. The Clerk provided announcements regarding live Spanish interpretation via secondary audio programming (SAP) for Cox and Comcast cable subscribers. The Clerk outlined updated methods for public participation, including in-person attendance at the Santa Maria and Santa Barbara hearing rooms, noting that indoor mask usage is required for all individuals over two years of age regardless of vaccination status due to a County Health Officer order effective October 5, 2021. Virtual participation via Zoom requires advance registration.

County Executive Officer’s Report

• CEO Miyasato reported on the Al-Asal fire in South County. Chief Hartwig provided a status update, stating the fire had burned approximately 6,000 acres with high winds and erratic conditions. He noted active fire along both sides of Highway 101 between El Capitan and the landfill. Approximately 600 firefighters were on scene, with aircraft grounded due to wind. Chief Hartwig reported minimal damage to the Tahquitz facility, including some damage to a grinder, piping, and a digester next to the MRF. He stated there were no confirmed reports of residential structure damage, though structure protection was in place.
• OEM Director Kelly Hubbard reported that 18 individuals were in the evacuation shelter at Dos Pueblos High School overnight, including 14 stranded Amtrak riders and 4 fire evacuees. She noted an evacuation order for Royal Hondo Canyon, Refugio Canyon, and the area between El Capitan State Beach and West Camino Cielo, and an evacuation warning for the area east of El Capitan Beach State Park and west of Dos Pueblos Canyon Road. She also noted a public safety power shutoff in North County by PG&E, unrelated to the fire. Information on the incident is available at ReadySBC.org.

Administrative Agenda

• The Board considered the administrative agenda. The Clerk noted that Administrative Item A4 had been pulled from the public agenda.
• Motion to Approve Administrative Agenda (excluding A4): A motion was made by Supervisor Hartman and seconded by Supervisor Hart to approve the administrative agenda without Administrative Item A4. The motion passed unanimously.
• Administrative Item A17: Resolution Proclaiming October 2021 as Arts and Humanities Month
• The Clerk read the resolution sponsored by Supervisor Hartman, which proclaims October as National Arts and Humanities Month and commends the City of Buellton’s Arts and Culture Committee for the 2021 Leadership in Arts Award. Supervisor Hartman spoke in support of the award. Representatives from the Buellton Arts and Culture Committee (Kyle Abello, John Sanchez, and Stacy Kiss) expressed gratitude for the recognition and highlighted local arts projects. The Board accepted the resolution.
• Administrative Item A4: Update on Coronavirus Disease 2019 (COVID-19)
• The Clerk read the item, which is to consider recommendations regarding a COVID-19 update. Chair Nelson clarified that this item allows for public comment on COVID-related issues. Dr. DeRosso clarified the county’s current transmission level, stating that with a case rate of 11 per 100,000 per day, the county is in the "substantial" category according to CDC guidelines (50–99 new cases per 100,000), while the test positivity rate is approximately 3%, which is in the "low" transmission category.
• Public comment was opened for this item. Eleven speakers addressed the Board. Comments included:
• Arguments against vaccinating children, citing natural immunity and potential vaccine side effects.
• Criticisms of the CDC, FDA, and pharmaceutical industry, alleging conflicts of interest and suppression of alternative treatments such as ivermectin and hydroxychloroquine.
• Claims regarding vaccine efficacy, transmission, and adverse events, including references to specific studies and international data (India, Israel).
• Requests for the Board to pause mandates and re-examine the science.
• One speaker expressed support for the Board’s leadership and urged them to consider all perspectives.
• One speaker cited personal experiences of friends allegedly injured by vaccines.
• Following public comment, Supervisor Hart requested that Dr. DeRosso respond to specific allegations regarding vaccine safety and efficacy. Dr. DeRosso stated that the health department relies on peer-reviewed studies from the CDC and CDPH and was not aware of the specific harm cases cited by speakers. Supervisor Williams provided county data, noting 43,080 positive cases and 509 deaths, and emphasized the ongoing danger of the virus. Chair Nelson addressed the public, acknowledging the passion of the commenters and the importance of factual information, while reiterating that vaccine decisions are individual choices and that the Board aims to balance public health with individual freedoms.
• Motion to Approve Item A4: A motion was made and seconded to approve the item. The motion passed unanimously.
• Administrative Item A15: Authorizing Resolution and Master Standard Agreement (MSA) for CDBG Disaster Relief Funds
• Chair Nelson noted that a request to continue this item had been received from the Public Works Department on October 7, 2021, but the item had been previously approved. The Clerk explained that a motion to rescind the previous action and a new motion to continue the item to the November 2, 2021, meeting were required.
• Motion to Rescind Previous Action on A15: A motion was made by Supervisor Hartman and seconded by Supervisor Hart to rescind the previous approval of Item A15. The motion passed unanimously.
• Motion to Continue Item A15 to November 2, 2021: A motion was made and seconded to continue Item A15 to the November 2, 2021, meeting to allow time for state review. The motion passed unanimously.

General Public Comment

• The Board opened the floor for general public comment on items not on the agenda. Two speakers were scheduled.
• Dr. Amy Smith: Spoke on concerns regarding governance, privacy, and medical privacy, specifically referencing vaccination status armbands at City College. She questioned the accuracy of death statistics cited by Supervisor Williams, suggesting the ratio was 1 in 900 rather than 1 in 90. She raised concerns about the influence of pharmaceutical industries on public health information and the impact of mandates on the economy and workforce. Chair Nelson interrupted to remind the speaker to stay on topic regarding items on the agenda and invited her to contact his office to discuss meeting procedures.
• Maria Kessler: Began to speak but the transcript ends before her comments are fully recorded.

Public Comment (Continued)

• Public Records Request: A speaker addressed the board regarding a public records request submitted to the County Clerk’s Office. The speaker stated that while a timely response was received, no records were provided. The speaker cited California Government Code section 6253A and Article I, Section 3 of the California Constitution, asserting the right to assistance in identifying responsive records and the right to legal action, including court costs and attorney fees, if the request is denied. The speaker noted that no documents had been received from the County Clerk’s Office.
• Community Workforce Agreements (CWA): Joshua Medrano, Executive Secretary and Treasurer of the Tri-Counties Building and Construction Trades Council, spoke in support of Community Workforce Agreements. He described the goals of CWAs as the identification, retention, and training of skilled labor, the employment of local residents, and the encouragement of local and small businesses. He stated that CWAs ensure non-discrimination, allow contractors to utilize their core employees, prioritize outreach to veterans, and do not require union membership as a condition of employment. He urged the board to move forward with the progression of a CWA.

Departmental Item No. 1: Recommendations Regarding COVID-19 Health and Human Services Recovery and Resiliency Strategies

• Presentation: Staff presented a report on COVID-19 Health and Human Services Recovery and Resiliency Strategies designed to address impacts on vulnerable, under-resourced, and underserved populations. The presentation outlined current conditions, including disproportionate impacts on communities of color, employment drops in lower-paying industries, and increases in CalFresh, Medi-Cal, and behavioral health service requests. It noted economic recovery trends, such as declining unemployment rates.
• Recovery Actions to Date: Staff reviewed previous board actions, including the allocation of $7 million for Isla Vista homeless housing, funding for encampment strategies, and $1.5 million over three years for behavioral wellness assessments. Other efforts mentioned included Project Roomkey, local business assistance grants, and rental assistance programs.
• Strategy Development: Staff explained that strategies were developed based on national trends, local data, and departmental reviews. Six recovery focus areas were identified: Behavioral Health, Community Health and Well-Being, Economic Revitalization and Employment, Organization and Technology, Housing and Homelessness, and Disaster Resiliency.
• Focus Area Details:
• Behavioral Health: Strategies include a community-wide assessment (funded by the previously allocated $1.5 million) and the establishment of a 15-bed board and care facility for medically fragile seniors.
• Community Health and Well-Being: Strategies include assessing food security needs, conducting a CalAIM readiness assessment, establishing an Equity and Inclusion Coordinator position, expanding Promotora outreach, and surveying child care needs.
• Economic Revitalization: Strategies include a comprehensive economic development strategy and workforce development strategies leveraging state and federal funds.
• Organization and Technology: Strategies include a digital equity and literacy needs assessment, a long-term broadband deployment plan, and data integration across departments.
• Housing and Homelessness: Strategies include creating 215 permanent supportive housing units, implementing an encampment strategy, increasing temporary shelter capacity by 100 beds, expanding housing options via Project Roomkey, and providing housing supports to prevent evictions.
• Disaster Resiliency: Strategies include implementing incident management software, establishing an emergency public information coordinator position, enhancing partnerships with United Way, creating an emergency preparedness program for preschool providers, and updating the Operational Area Agreement.
• Fiscal Impact: Staff presented a summary of costs, estimating approximately $6.9 million for Year 1 and $24.5 million for Years 2 and 3. Staff noted that not all strategies are fully funded and that funding sources include ARPA, state/federal grants, and potentially general fund reallocations.
• Board Discussion:
• ARPA Requirements: Staff clarified that while a specific ARPA strategy is not required, the board’s actions on these items will be incorporated into the county’s ARPA recovery plan to meet reporting requirements.
• New vs. Existing Initiatives: Staff indicated that the plan integrates existing efforts with new initiatives, particularly focusing on equity, inclusion, and whole-person recovery.
• Sustainability and Funding: Board members inquired about the sustainability of programs beyond the initial funding period and the ability to spread ARPA spending over three years. Staff confirmed that ARPA funds must be obligated by December 2024 but can be spent through December 2026.
• Facility Licensure: Staff clarified that board and care facilities and IMD beds can be co-located on the same campus but must be licensed as separate facilities.
• Shared Costs: Staff explained that the county would bear the cost of implementing the 211 disaster case management system, estimated at approximately $180,000, to facilitate cross-departmental data sharing.
• Interlocal Partnerships: Board members discussed the potential for partnering with local jurisdictions on homelessness and other issues, noting that while communication has improved, formal financial partnerships are still developing. Staff encouraged leveraging ARPA funds for collaborative efforts with cities.
• Recommended Action: The board was asked to receive and file the report on Health and Human Services Recovery Strategies and provide direction or feedback. No motion was made, seconded, or voted upon in this transcript segment.

Agenda Item: Staff Report (Items A through C)

• Discussion: Supervisor Hartmann discussed the challenges of engaging other jurisdictions in planning partnerships, suggesting that demonstrating tangible benefits, such as reduced need for local planning efforts or shared infrastructure, could facilitate cooperation. She highlighted lessons learned during the pandemic, including the importance of cross-sector partnerships, consistent communication, and the role of parks and trails in public health and well-being. Staff responded that tangible benefits, such as addressing encampments and environmental impacts, are key to demonstrating value to partner jurisdictions.
• Public Comment: One speaker expressed opposition to the item, characterizing it as a federal power grab that undermines local checks and balances and criticizing the flow of pandemic-related funds.
• Motion: Supervisor Hartmann moved to approve Items A through C of the staff report.
• Second: Supervisor Lavagnino seconded the motion.
• Vote Outcome: The motion passed unanimously.

Departmental Item No. 2: Workforce Development Board Presentation and Report

• Presentation: Ray McDonald, Executive Director of the Workforce Development Board (WDB), presented an overview of the WDB’s structure, mission, and relationship with the County. He detailed the board’s funding sources, including the federal formula allocation of approximately $3.1 million annually and an additional $5.2 million in competitive grants. McDonald provided performance data for pre-pandemic and pandemic years, noting that pandemic targets were not met due to economic conditions. He discussed the county’s unemployment rate trends, labor force participation rates, and sector-specific job impacts (e.g., declines in leisure/hospitality and government; increases in professional/business services). He outlined the WDB’s recovery guidelines, focusing on data collection, reemployment programs, and system building. He also noted upcoming state funding of approximately $1.1 billion for workforce activities, with details expected within 60–90 days.
• Board Questions:
• Supervisor Hart inquired about the potential impact of the California Comeback Plan funding. McDonald explained that funding could go directly to the WDB or through the Regional Planning Unit (RPU), with Santa Barbara and San Luis Obispo counties forming one RPU led by the Santa Barbara WDB.
• Supervisor Lavagnino asked how to reconcile low unemployment numbers with visible labor shortages and high hiring bonuses. McDonald attributed this to a "job seeker’s market" where workers are selective about work-life balance and compensation. He noted that federal unemployment benefits ended on September 1.
• Supervisor Williams asked about labor force participation rates. McDonald cited seasonal work, childcare issues, and early retirement as factors contributing to fluctuations.
• Supervisor Nelson questioned the median earnings figure presented. McDonald initially stated it was annual but corrected himself, clarifying it was monthly earnings. Supervisor Nelson withdrew her objection regarding the cost-effectiveness of the program based on this correction.
• Supervisor Hartmann asked how COVID-19 has changed job availability and the WDB’s approach. McDonald noted shifts toward online work and changes in manufacturing capacity, and described the WDB’s case management and training pathways for job seekers.
• Supervisor Lavagnino commented on the WDB’s effectiveness and the need for greater community awareness, noting that federal legislation prohibits the WDB from marketing itself.
• Public Comment: Glenn Morris, a WDB member, expressed appreciation for the County’s partnership and support.
• Motion: Supervisor Lavagnino moved to approve the recommended actions.
• Second: Supervisor Hart seconded the motion.
• Vote Outcome: The motion passed unanimously.

Closed Session

• Action: The Board recessed into closed session to discuss existing litigation (Zissa v. County of Santa Barbara, Murray v. County of Santa Barbara) and anticipated litigation.
• Report: Upon returning, the County Counsel reported that the Board took no reportable action during the closed session.

Ex-Agenda Item: Proclamation of Local Emergency (Alisal Fire)

• Discussion: The Director of Emergency Services requested the Board consider a resolution proclaiming a local state of emergency due to the Alisal fire, citing disruptions to public facilities, including the Texas Landfill, railway service, and Highway 101. The Clerk confirmed that the ex-agenda request and proclamation had been distributed to the Board and made available online and in hearing rooms.
• Motion 1 (Ex-Agenda Acceptance): Supervisor Lavagnino moved to accept the item as an ex-agenda item, acknowledging that an emergency situation exists justifying its addition to the agenda.
• Second: A second was given (not specified in transcript, but roll call followed).
• Vote Outcome: The motion to add the ex-agenda item passed unanimously.
• Motion 2 (Approval of Proclamation): Supervisor Lavagnino moved to approve staff recommendations A through D regarding the proclamation of local emergency.
• Second: Supervisor Hart seconded the motion.
• Vote Outcome: The motion passed unanimously.

Departmental Item No. 3: Keysight 3 Residential Subdivision (Project 13 GPA 513)

Applicant Presentation

• Matt Mancy, the applicant and owner, presented the project details. He stated that the project represents a second iteration of a proposal previously reviewed by the Board of Supervisors in 2012, which requested a concentration of development on the Upper Mesa. Key points included:
• Density and Open Space: The total property is 138 acres, with 80% dedicated to open space. The 119 proposed units are located on the Upper Mesa, resulting in a density of approximately 1.1 units per acre when calculated against the total site area, or 3.5 units per acre when calculated against the developable Mesa area.
• Access: The applicant expressed willingness to move the secondary emergency access from Chancellor Street to Oak Brook Lane if required by the Board.
• Project Features: The development includes cluster homes in farmhouse, cottage, Monterey, and craftsman styles. The applicant noted that all housing is market-rate, with fees paid in lieu of affordable housing.
• History: The land was purchased in 2003, MRO zoning was approved in 2009, and the Environmental Impact Report (EIR) was updated in 2020.

Board Questions and Staff Responses

• Water Supply: Supervisor Williams inquired about the water source for the 119 units and the cumulative impact of the adjacent MRO project (160 units). Staff confirmed that Golden State Water Company would serve the project using existing groundwater rights purchased by the City of Santa Maria. Staff noted that recycled water or conservation projects were not considered for this specific project.
• Trails and Access: Supervisor Williams asked about trail connections to a county-purchased parcel. Staff indicated that the County is currently investigating easements and other avenues for access to that parcel.
• Parking: Supervisor Williams questioned the amount of parking. Staff stated that the project exceeds minimum parking requirements, with each home having a two-car garage.
• Infrastructure and Services: Staff provided distances to the nearest bus stop (approx. 3,500 feet to 1 mile), elementary school (1.6 miles), and childcare facilities (1.9 miles).
• Secondary Access and Easements: Supervisor Hartman asked about the requirements for secondary access and the status of the easement on Chancellor Street. Staff clarified that the county reviews whether the applicant has the right to use the easement for the proposed purpose but does not adjudicate private disputes regarding overburdening. The fire department requires the existing gate on Chancellor Street to remain available for ingress and egress. Staff noted that the Orchid Community Plan originally identified Oak Brook as the secondary access, but the applicant is proposing Chancellor Street due to an existing easement.
• Multifamily Project Status: Supervisor Williams asked about the status of the adjacent multifamily (MRO) project. Staff confirmed that a zoning clearance application is pending and is a ministerial process dependent on the lot lines and infrastructure created by the current discretionary project. The MRO zoning was established in 2009.
• Density Clarification: Supervisor Williams asked for clarification on density figures. Staff explained that the 3.5 units per acre figure applies to the single-family residential (PRD) zoning on the Mesa, while the 6.7 units per acre figure includes the MRO zoning. The area below the Mesa is designated as environmentally sensitive open space.

Public Comment

• Six public comments were received: 1. Judy Burch: Expressed concern about traffic, noise, and views, particularly regarding the proximity to the Sunny Hills Mobile Home Park and the lack of a noise wall. 2. Bill Brown: Stated that the density is higher than presented if calculated against the buildable area (approx. 12.5 homes per acre) and expressed concern about the capacity of local roads. 3. David Hassett: Opposed the project due to traffic, density, and lack of infrastructure (sidewalks, traffic lights). Requested a postponement and a site visit. 4. Patrick Sheehy: Opposed the project due to the impact on Chancellor Street, which was built by neighbors for low traffic volume. Expressed concern about the gate on Chancellor Street and the potential for traffic on Oak Brook Lane near sensitive habitat. Noted a lack of communication from the applicant. 5. Todd Wilson: Recommended denial, citing inconsistencies in Planning and Development staff reports and concerns about the project's compatibility with the community. Suggested the need for citizen oversight in the Orchid area. 6. Jason Gill: Unable to speak due to technical difficulties.

Applicant and Staff Rebuttal

• Matt Mancy: Responded to public comments by stating that the applicant is working with Keysight 2 and Sunny Hills to realign the primary access road away from the mobile home park. He noted that single-story homes are required along the perimeter adjacent to existing residences and that a landscape buffer will be installed. He stated that the secondary access on Chancellor Street would account for only 10% of project traffic.
• Staff (Ms. Reese): Clarified that a safety barrier or wall could be constructed near the Sunny Hills Mobile Home Park if desired by the Board. She noted that a tentative agreement exists between the applicant, Keysight 2, and the mobile home park HOA to realign the access road, but a new easement has not yet been recorded.

Deliberation and Motion

• Supervisor Williams: Expressed concerns about the project being "sprawl" rather than infill, citing distance to transit, schools, and childcare. Proposed a motion to continue the item to allow the applicant to acquire the Oak Brook access easement and reconsider the density and MRO location.
• Supervisor Lavagnino: Supported the idea of looking for better options for the MRO and improving the project design. Seconded the motion to continue.
• Supervisor Williams (continued): Supported a continuance to work out the easement but expressed discomfort with using the discretionary process to affect the ministerial MRO process.
• Supervisor Hartman: Expressed support for the cluster development concept and open space but was concerned about the timeline for resolving the easement issue.
• Supervisor Williams (continued): Clarified that the motion should be to continue the item to allow the applicant to acquire the Oak Brook access and easement.
• Applicant Counsel (Mr. Goodman): Stated that the applicant believes the project should be approved as is, with the option to use Chancellor Street as secondary access if Oak Brook negotiations fail. He expressed confidence in the applicant's position regarding the easement dispute.

Motion and Vote

• Motion: To continue the item to allow the applicant to acquire the Oak Brook access and easement prior to bringing the project back to the Board for approval.
• Seconded by: Supervisor Lavagnino.
• Vote Outcome: The motion to continue the item was passed.

Agenda Item: Project Application Review

• Discussion: A staff member recommended continuing the item to allow the applicant to evaluate alternatives regarding access, density, and other concerns raised during the hearing. The staff member noted that because no specific return date was set, the project would need to be renoticed, with planning working with the applicant to determine when they are ready to return to the board.
• Motion: A motion was made to continue the item, allowing the applicant to evaluate and research the concerns heard by the board and to return to the board at a later time to report on their findings.
• Second: The motion was seconded.
• Decision: The motion passed unanimously.

Adjournment

• Action: The meeting was adjourned.
• Notice: The board announced an adjournment to a special meeting of the Board of Supervisors scheduled for Thursday, October 14th, in Santa Barbara. This special meeting will hold a closed session to consider the appointment of the Director of the Department of Behavioral Wellness.