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Board of Supervisors — 2022-02-01

Board of Supervisors — 2022-02-01February 1, 2022

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BodyBoard of Supervisors
MeetingRegular Meeting
Date📅 February 1, 2022

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Meeting Summary

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

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

Administrative Agenda Approval

  • The Board approved the administrative agenda with the exception of Item 825.
  • Item 825 was held for separate discussion.
Passed 4–0 · unanimous

Approval of Minutes (January 25, 2022)

  • The Board approved the minutes from the January 25, 2022 meeting.
  • The motion to approve passed unanimously.

Hemp Ordinance (Second Reading)

  • The Board considered a Santa Barbara County hemp ordinance presented by the Agricultural Commissioner.
  • The motion to approve the ordinance passed 4 to 1.
Passed 3–1 · against: Nelson

Black History Month Resolution

  • The Board considered a resolution to proclaim February 2022 as Black History Month with the theme "Black Joy and Legacy through Family, Health, and Safety."
  • The Board recognized local and historical Black healthcare professionals.
  • The motion to approve the resolution passed unanimously.

Employee of the Month Resolution

  • The Board considered a resolution to honor David Villalobos of the Planning Development Department as the February 2022 Employee of the Month.
  • The resolution highlighted his work in transitioning hearings to remote formats during the pandemic.
  • The resolution was adopted.

Recognition of David

  • The Board recognized an individual named David for his service as a clerk.
  • The motion to approve the recognition passed unanimously.

City of Goleta 20th Anniversary Resolution

  • The Board considered a resolution to honor the City of Goleta on the 20th anniversary of its incorporation.
  • The resolution acknowledged the city’s growth, sustainability leadership, and community services.
  • The motion to approve the recognition passed unanimously.

Home Key Program Funding (Addendum)

  • The Board considered the conditional reservation of funding for the Home Key program application in Santa Maria.
  • The motion to approve the conditional reservation of funding passed unanimously.
Passed 4–0 · unanimous

Homeless Housing Application (Motel 6 Site / Depot Street)

  • The Board discussed a housing application for a facility at the former Motel 6 site intended for transition-age youth and homeless seniors.
  • Staff clarified that the project is permanent supportive housing and distinct from the previously proposed Depot Street project.
  • The item was held for further discussion regarding city concurrence and final execution plans.

CEDA Revenue Obligations (Midland School Financing)

  • The Board held a hearing to consider CEDA revenue obligations for the benefit of Midland School Corporation.
  • Staff clarified that the County’s obligation is limited to approving the financing process and does not include repayment responsibility.
  • The Board took no reportable action in this segment.

Community Workforce Agreement (CWA) Ordinance (First Reading)

  • The Board heard recommendations regarding a county-wide CWA ordinance and project template.
  • Staff presented potential benefits, disadvantages, and three key enhancements to the City of Santa Barbara agreement.
  • The Board directed staff to continue negotiations for two to three months with the assistance of a temporary ad hoc subcommittee.

SB 1383 Organics Diversion Ordinance (Unincorporated Areas)

  • Staff presented the statewide mandate to divert and recycle organics away from landfill disposal.
  • The ordinance requires specific waste reduction targets and mandatory collection services for residents and businesses.
  • The Board approved the introduction of proposed ordinance amendments via first reading and set a hearing for February 15.

Resolution Honoring Commander Darren Fotheringham

  • The Board considered a resolution honoring Commander Darren Fotheringham upon his retirement from the Sheriff’s Office.
  • Commander Fotheringham provided remarks reflecting on his career and the Sheriff’s Office’s evolution.
  • The resolution was adopted.

Closed Session

  • The Board entered closed session to discuss two items of existing litigation.
  • The Board took no reportable action.

Full summary

Agenda Item: Administrative Agenda Approval

  • The Board considered the approval of the administrative agenda. A motion was made to approve all items on the administrative agenda except for Item 825, which was held for separate discussion. The motion was seconded and passed.
Passed 4–0 · unanimous

Agenda Item: Approval of Minutes (January 25, 2022)

  • The Board considered the approval of the minutes from the January 25, 2022 meeting. A motion was made to approve the minutes. The motion was seconded and passed unanimously.

Agenda Item: Administrative Item No. 1 – Hemp Ordinance (Second Reading)

  • The Board considered recommendations regarding a Santa Barbara County hemp ordinance, presented by the Agricultural Commissioner and Weights & Measures Department. This was the second reading of the ordinance. A motion was made to approve the ordinance. The motion passed 4 to 1.

Agenda Item: Administrative Item No. 21 – Black History Month Resolution

  • The Board considered a resolution sponsored by Supervisors Hartman and Williams to proclaim February 2022 as Black History Month in Santa Barbara County, with the theme "Black Joy and Legacy through Family, Health, and Safety." Public comments were received from representatives of the Santa Maria Lompoc NAACP, First 5 Santa Barbara County, and Juneteenth Santa Barbara. The Board recognized several local and historical Black healthcare professionals. A motion was made to approve the resolution. The motion was seconded and passed unanimously.

Agenda Item: Administrative Item No. 22 – Employee of the Month Resolution

  • The Board considered a resolution sponsored by Supervisor Williams to honor David Villalobos of the Planning Development Department as the February 2022 Employee of the Month. The resolution highlighted his role as hearing support supervisor and recording secretary, particularly his work in transitioning hearings to remote formats during the pandemic. A county employee addressed the Board regarding the recognition. The resolution was adopted.

Agenda Item: Administrative Item No. 23 – Recognition of David

  • The Board recognized an individual named David for his service as a clerk. A motion was made to approve the recognition. The motion was seconded and passed unanimously.

Agenda Item: Administrative Item No. 24 – City of Goleta 20th Anniversary Resolution

  • The Board considered a resolution sponsored by Supervisors Hartman and Hart to honor the City of Goleta on the 20th anniversary of its incorporation. The resolution acknowledged the city’s growth, leadership in sustainability, economic development, and community services. Mayor Paula Perotti of Goleta was present via Zoom. A motion was made to approve the recognition. The motion was seconded and passed unanimously.

Agenda Item: Administrative Item No. 25 – Home Key Program Funding (Addendum)

  • The Board considered recommendations regarding the conditional reservation of funding to the Housing Authority of the County of Santa Barbara for the Home Key program application in Santa Maria. This item was added to the agenda via addendum. Public comment was received from Mayor Alice Patino of Santa Maria, City Council Member Etta Waterfield, and Roy Reed. A motion was made to approve the conditional reservation of funding. The motion passed unanimously.

Agenda Item: Item 825 – Homeless Housing Application (Motel 6 Site / Depot Street)

  • The Board discussed a housing application for a facility at the former Motel 6 site in Santa Maria, intended for transition-age youth and homeless seniors. Public comments were received from the Santa Barbara County Taxpayers Association and other residents expressing opposition based on concerns regarding the transparency of the process, public participation, and safety issues at the previously proposed Depot Street project. Staff clarified that the project is permanent supportive housing, distinct from the previously proposed Depot Street project, and that the application is required to secure a specific grant tranche by a January 31 deadline. Staff noted that the City of Santa Maria had previously indicated support, though recent communications from city leadership have raised concerns. The Board discussed the need for City of Santa Maria concurrence and the potential for further negotiation and community input before final approval. No final motion to approve or deny the application was recorded in this segment; the item was held for further discussion and potential conditions regarding city concurrence and final execution plans.

Agenda Item: Departmental Item No. 1 – CEDA Revenue Obligations (Midland School Financing)

  • The Board held a hearing to consider recommendations regarding the California Enterprise Development Authority (CEDA) issuance of tax-exempt and/or taxable revenue obligations for the benefit of Midland School Corporation. Staff clarified that the County’s obligation is limited to approving the financing process; the County is not legally or morally responsible for repayment. Christopher Barnes, Head of School, and Amy Grenier, Director of Finance, were available via Zoom to discuss the project. Public comment was received from Russell Johnson and others. The Board took no reportable action in this segment, as the item was part of a hearing process.

Agenda Item: Departmental Item No. 3 – Community Workforce Agreement (CWA) Ordinance (First Reading)

  • The Board held a hearing to consider recommendations regarding the development of a county-wide Community Workforce Agreement (CWA) ordinance and project template. Staff presented the background and proposed enhancements for the county’s CWA, defining it as a contractually binding agreement between the project owner and the building/construction trades. Staff outlined potential benefits (steady supply of skilled labor, timely dispute resolution, community job/training opportunities) and disadvantages (additional burdens on non-union contractors, potential reduction in bids/competition, redundancy with existing state/federal laws). Staff proposed three key enhancements to the City of Santa Barbara agreement: exempting professional services (construction inspection and materials testing) from CWA requirements; allowing non-union low-bidding contractors to continue paying non-union benefits or allowing employees to elect cash payments in lieu of union benefits; and partially excluding Master Labor Agreements (MLAs) to avoid conflicting with state/federal/county laws. Staff presented four options for the countywide CWA, including a "validation option" (Option 4) that allows the board to pilot the CWA on specific projects to assess its impact on bids and costs before full implementation.
  • Public comments were received from non-union contractors and employees (including representatives from Cal Poly Construction, Cushman Contracting, Associated Builders and Contractors, Western Electrical Contractors Association, CoLab, and Associated General Contractors of California) opposing the CWA. Arguments included limitations on core workforce size for non-union contractors, financial burdens including mandatory contributions to union pension and health/welfare funds, concerns that the CWA would reduce competition and increase project costs, and assertions that the CWA discriminates against non-union apprentices and local workers. Speakers requested that the Board reject the CWA, adopt a "no PLA" stance, or implement a pilot program. Speakers representing union interests (IBEW Local 952) and the Tri-County Building and Construction Trades Council (TCBT) supported the CWA, arguing that it levels the playing field, ensures skilled labor, and protects worker benefits.
  • Board members discussed the trade-offs between local workforce retention, cost implications, and alignment with the City of Santa Barbara’s existing agreement. Supervisor Lavagnino expressed concern that the CWA is weighted in favor of labor and that non-union contractors are not adequately represented, stating he would require a rebid provision, elimination of pension contribution requirements, and resolution of health insurance issues to support the CWA. Supervisor Williams expressed willingness to support a tiered approach if specific provisions (taxpayer protection/rebid clause and exclusions for repair/maintenance) were included. Legal counsel advised that due to Brown Act restrictions, any subcommittee formed to assist in negotiations must avoid members who have already engaged in closed-session discussions with the other party.
  • A motion was made to continue negotiations with staff and the trades for a period of two to three months, including the formation of a temporary ad hoc subcommittee to assist in the negotiations. The motion was seconded and passed unanimously. The Board directed staff to continue negotiations for two to three months, with the assistance of a temporary ad hoc subcommittee composed of supervisors who have not previously engaged in closed-session discussions regarding this item.

Agenda Item: SB 1383 Organics Diversion Ordinance (Unincorporated Areas)

  • Staff presented the statewide mandate under Senate Bill 1383 to divert and recycle organics away from landfill disposal. The ordinance applies to the unincorporated areas of the county. Key requirements include a 50% reduction in organic waste disposal by 2020 (compared to 2014 levels), a 75% reduction by 2025, a 20% increase in edible food recovery, and mandatory organic waste collection services for residents and businesses. Staff emphasized that the primary goal is education and outreach, with enforcement and penalties to follow after a two-year education period. Staff explained that the County’s Resource Center at the Taftus Landfill qualifies as a high-diversion facility, while areas outside the waste shed (Lompoc Valley and Santa Maria Valley) will see residential rate increases of 20–22% and commercial rate increases of 4–7% to cover expanded collection costs. Public comments were received regarding the impact on rural/agricultural areas, specifically concerns about additional collection costs for green waste and the ability for on-site composters to opt out of surcharges. Staff clarified that the ordinance is based on the CalRecycle model and that cities are handling their own ordinances.
  • A motion was made to introduce the proposed ordinance amendments via first reading and to set a hearing for February 15 for the second reading and proposed adoption. The motion was seconded and passed unanimously.

Agenda Item: Resolution Honoring Commander Darren Fotheringham

  • The Board considered a resolution honoring Commander Darren Fotheringham upon his retirement from the Sheriff’s Office after over 32 years of service. Commander Fotheringham provided remarks reflecting on his career, the Sheriff’s Office’s evolution in mental health response and community engagement, and his gratitude for the support of his family and colleagues. Sheriff Bill Brown was present. The resolution was adopted.

Agenda Item: General Public Comment

  • A member of the public provided comment regarding protests in Canada related to trucking and vaccination mandates, urging the Board to consider the implications for trade and public health policy.

Agenda Item: Closed Session (Existing Litigation)

  • The Board entered closed session to discuss two items of existing litigation: New Singular Wireless (doing business as AT&T) v. County of Santa Barbara (U.S. District Court for the Central District of California) and Santa Maria Valley Water Conservation District v. City of Santa Maria (Santa Clara County Superior Court). The Board took no reportable action.