Board of Supervisors — 2022-09-20September 20, 2022

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BodyBoard of Supervisors
MeetingRegular Meeting
Date📅 September 20, 2022

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Meeting Summary

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

Endless Energy Inc. Renewable Energy Project

  • Staff explained that rising material and labor costs extended the payback period, though current electricity rates keep it near nine years.
  • The project is expected to generate approximately 0.9 megawatts, slightly exceeding the original design.
  • The item was pulled from the agenda for further discussion.

Countywide Security Services Contract Renewal

  • Staff reported that 159 items, including knives and tools, were seized from 3,087 visitors screened since July 13.
  • Public commenters raised concerns regarding accessibility for wheelchair users and the necessity of the security enhancements.
  • The Board approved the contract renewal with Triumph Protection Group.
Passed 3–1 · against: Nelson

Behavioral Wellness Department Agreements

  • The Board reviewed agreements with state and local partners for mental health plans and staffing contracts.
  • These items were approved as part of the balance of the administrative agenda.

National Recovery Month Resolution

  • Staff highlighted a 40% increase in accidental overdose deaths and the dangers of fentanyl contamination.
  • The Board adopted a resolution proclaiming September 2022 as National Recovery Month.

Household Rezone and Tentative Track Map Continuance

  • The Planning and Development Department requested a continuance due to an updated request received that morning.
  • The Board unanimously continued the item to November 29, 2022.

American Rescue Plan Act (ARPA) Funds Update

  • Staff presented an update on $86.7 million in obligated funds, noting several projects are fully expended or completed.
  • The Board approved staff recommendations for offsetting adjustments to previously approved projects.

Citizens Independent Redistricting Commission Post-Action Report

  • Staff reviewed the 2020 redistricting process, which was completed under budget, and presented findings for the 2030 cycle.
  • The Board directed staff to prepare recommendations for ordinance changes requiring voter approval prior to the 2024 election.

Off-Street Parking Facilities Ordinance

  • The ordinance aims to regulate parking restrictions, prohibit non-charging vehicles in EV spots, and allow administrative fines.
  • The Board approved the first reading and continued the item for adoption on October 4, 2022.

Cannabis Cultivation and Water Rights

  • A public commenter alleged that cannabis cultivators are illegally diverting subterranean surface flows during the summer.
  • The commenter requested that the county integrate water rights into the cannabis permit review process.

Rural Crime and Agricultural Security

  • Agricultural representatives reported significant financial losses from theft and property damage, requesting dedicated law enforcement resources.
  • The Chair noted existing allocations for overtime and hiring while distinguishing rural crime oversight from county employee security.

Closed Session

  • The Board reported on sessions addressing anticipated litigation, existing litigation, and decisions regarding initiating civil litigation.
  • No reportable action was taken during these sessions.

Full summary

Public Comment: National Voter Registration Day

  • Virginia Souza (Santa Maria Valley League of Women Voters) and Revae Morin (League of Women Voters of Santa Barbara) addressed the Board to celebrate National Voter Registration Day. They announced upcoming nonpartisan voter education events, including candidate forums for the Santa Maria Joint Union High School Board of Trustees and the State Assembly District 37 race, as well as a pros and cons forum on statewide propositions. No motion or vote was taken.

Closed Session Report

  • The Board reported on closed session activities held earlier that day. The sessions addressed one case of anticipated litigation with significant exposure to civil litigation, one case of existing litigation (United States v. Judith Zissa, Central District of California), and one case regarding the decision whether to initiate civil litigation. The Board took no reportable action.

Announcements

  • The Clerk of the Board announced an addendum to the agenda posted on September 16, 2022, adding two closed session items related to the litigation matters mentioned above. The Clerk also provided reminders regarding public participation methods, including in-person attendance in Santa Barbara and Santa Maria, virtual participation via Zoom, and the current status of face covering guidelines (no longer required indoors, but encouraged by Public Health).

Administrative Item A9: Endless Energy Inc. Renewable Energy Project

  • The item concerned Amendment No. 2 with Endless Energy Inc. for the Bettarabia campus and Fire Station 12 renewable energy project (Project No. 19026). Supervisor Lavinino questioned the 11-year payback period and whether rising energy costs would shorten it. Chair Hartman expressed support for on-site solar production given unstable energy prices. Staff explained that panels degrade by approximately 0.5% per year. The cost increase is attributed to a combination of rising material costs (steel, concrete, copper), labor costs, and changes made during construction. Staff stated that the county is procuring materials through public purchase, with delivery expected in the first quarter of 2023 and installation to follow. The project is expected to generate approximately 0.9 megawatts, slightly more than the original 0.8 megawatt design. Staff clarified that while the original formula indicated an 11.8-year payback period, using current electricity rates (25 cents/kWh vs. 19 cents/kWh in 2019), the actual payback period remains approximately nine years. The LED upgrade portion of the project is complete. The item was pulled from the agenda for further discussion.

Administrative Item A13: Countywide Security Services Contract Renewal

  • The item concerned the contract renewal for countywide security services with Triumph Protection Group. Andy Caldwell (via Zoom, representing COLAP) spoke in support of the contract, citing an 84% increase in rural crime and requesting additional funding for a rural crime prosecution unit. Bonnie Elliott raised concerns about accessibility and security screening procedures during a tour of the county building, noting a lack of signage and staff preparedness for wheelchair users. Ana Citrin stated she opposed the security enhancement, arguing it was not necessary and that the contract and rural crime issues were distinct. Supervisor Nelson requested that the Sheriff’s Department and District Attorney return with an item on rural crime strategies by the end of the year. Supervisor Williams suggested keeping comments focused on the security item and agendizing rural crime separately.
  • Regarding the security screening component, Supervisor Lavagnino requested a rundown of items confiscated at security checkpoints. Staff reported that security screening began on July 13 at the administration buildings using x-ray scanners and walkthrough metal detectors. From July 13 to August 26, 3,087 visitors were screened, resulting in 159 seized items (a 5% seizure rate). Seized items included 126 knives, 19 tools (e.g., box cutters, razor blades), 12 pepper spray canisters, and 2 tasers. Two individuals with valid CCW permits were directed to return weapons to their vehicles. Staff stated the goal is to mitigate risk by eliminating vulnerabilities, noting that while many items are legal to carry, they pose a security risk in a high-profile government facility.
  • A motion was made and seconded to approve the contract renewal. The motion passed 4 to 1.
Passed 3–1 · against: Nelson

Administrative Items A1–A4: Behavioral Wellness Department Agreements

  • These items involved agreements with the California Department of Health Services (Mental Health Plan FY 2022–2027), the Santa Barbara County Education Office (FY 2021–2022), Stock Star Medical Partners LLC (Staffing Contract FY 2021–2024), and Flanc Perp Valley Community Healthcare Organization (American Rescue Plan Act Mental Health Agreement FY 2022–2024). Public commenters requested to speak on these items individually. The items were approved as part of the balance of the administrative agenda.

Administrative Item A16: National Recovery Month Resolution

  • The Board considered a resolution sponsored by Supervisor Lavinino to proclaim September 2022 as National Recovery Month in Santa Barbara County. Amy Lopez (Behavioral Wellness Department) presented, highlighting the department’s outreach efforts, the danger of fentanyl contamination in other drugs, and the approximately 40% increase in accidental overdose deaths in the county. She encouraged the public to seek professional help and access Naloxone. A representative from the Behavioral Health Department introduced a new division chief and team members from contracted treatment providers (Council on Alcoholism and Drug Abuse, Good Samaritan Shelter Services). The representative distributed outreach packages containing information on overdose prevention and Narcan administration. The representative highlighted the "Fentanyl is Forever" campaign and the "Naloxone Now Santa Barbara" pilot project, which mails Narcan kits to individuals who request them online after viewing an educational video. The representative noted the strain on staffing to meet demand for Narcan and overdose prevention services. The representative announced upcoming recovery celebration events in Lompoc, Santa Maria, and Sunken Gardens, emphasizing that recovery is for everyone and that substance abuse impacts all communities. Jill Bolster-White, Executive Director of Transitions Mental Health Association, expressed support for the department and its team. She emphasized the importance of not conflating mental health diagnoses with violence, noting that individuals with diagnosed mental illness are often victims of crime rather than perpetrators. The resolution was passed and adopted.

General Public Comment

  • Five members of the public spoke. Topics included rural crime, accessibility issues at the county building, and general support for county outreach efforts. No motions or votes were taken.

Departmental Item 1: Household Rezone and Tentative Track Map Continuance

  • The Planning and Development Department requested a continuance of the Household Rezone (No. 15RZN4) and Tentative Track Map (No. 15TRM11). The original request was for October 11, 2022, but an updated request received that morning revised the date to November 29, 2022, in Santa Maria. A motion was made and seconded to continue the item to November 29, 2022. The motion passed unanimously.

Departmental Item 2: American Rescue Plan Act (ARPA) Funds Update

  • The County Executive Office presented an update on the ARPA coronavirus state and local fiscal recovery funds. Staff presented an update on the $86.7 million in ARPA funds obligated to the county, which must be obligated by December 31, 2024, and expended by December 30, 2026. Ernst & Young is assisting with compliance and documentation.
  • Staff listed projects fully expended as of June 30, 2022:
  • Santa Maria Juvenile Hall HVAC replacement ($400,000 expended; project still underway with additional funding required).
  • COVID-19 response project (vaccination, PPE, incentives) ($1.9 million expended).
  • Hedges House of Hope/El Calejo property acquisition ($1.4 million ARPA funds used; shelter operating as a 50-bed facility).
  • Community Recovery Resource Hub (completed for approximately $18,000, resulting in savings).
  • Comprehensive Economic Development Strategy ($200,000 expended; completed in partnership with REACH and San Luis Obispo County).
  • Staff proposed offsetting adjustments to previously approved projects, with a net change of zero:
  • Toro oil water separator: Requested a less restrictive funding source to expedite procurement; offset by General Fund costs.
  • Community Recovery Resource Hub: $182,000 in savings to be redistributed to other projects.
  • Santa Maria Juvenile Hall HVAC: $79,000 in additional work required to complete the project.
  • Homeless Encampment Strategy: $63,000 allocated for security services on county properties.
  • Supervisor Nelson asked about safeguards for allocating remaining funds to other board priorities as the deadline approaches (2026). Chair Hartman asked about federal auditing and reporting requirements. Supervisor Nielsen asked about the expenditure timeline for multi-year projects. Staff confirmed that some items span a three-year period and that the board will likely see updates twice a year as procurement processes progress. Staff noted that a list of unfunded projects remains available for future consideration. A motion was made and seconded to approve the staff recommendations (A through D). The motion passed unanimously.

Departmental Item 3: Citizens Independent Redistricting Commission Post-Action Report

  • The Board reviewed the post-action report on the redistricting process. Staff presented a post-action report regarding the CIRC 2020 redistricting process. The presentation included an overview of the commission’s establishment under Measure G in 2018, the selection of its 11 members, and the timeline of approximately 40 meetings held prior to the adoption of the final preferred map on December 13. The final map was provided to the board in early January and became effective on January 13. Staff also reviewed the CIRC’s final recommendations for the 2030 cycle, categorized into formation of the commission, commission operations and support, and completing the work of the commission. Additionally, staff presented data on the 2020 redistricting costs. The 2020 redistricting project was budgeted at $800,000 and completed at $629,262. Costs included legal counsel, contracted administration, and marketing. The CEO’s office dedicated 1,100 hours of staff time to the project.
  • Staff summarized the CERC’s findings:
  • Findings Requiring Voter Approval/Ordinance Change:
  • Increase the pool of most qualified applicants from 45 to 60 (Finding 1.2).
  • Narrow the score sheet used to create the applicant pool (Finding 1.3).
  • Change the selection process so a random drawing selects all 11 commissioners, not just the initial five (Finding 1.4).
  • Clarify whether demographic diversity or proportional partisan representation should be given heavier weight (Finding 1.7).
  • Change the term of commissioner appointments so financial disclosures are not required until the next commission is seated (Finding 1.8).
  • Allow contracted service providers to be exempt from certain selection criteria applied to commissioners (Finding 2.1).
  • Findings Unclear if Ordinance Change Required:
  • Select an alternate for each commissioner to assist with outreach (Finding 1.5).
  • Determine if withdrawn commissioners can rejoin the commission (Finding 1.6).
  • Require consultants to disclose partisan candidate contributions over $500 (Finding 2.2).
  • Procedural Changes (Ready for Implementation):
  • Move the timeline for commissioner appointments sooner than the required deadline (Finding 1.1).
  • Broaden recruitment and award marketing contracts to businesses with a presence in Santa Barbara County (Findings 1.9, 2.3).
  • Post public comment earlier than the required timeline (Findings 3.1, 3.2).
  • Provide commissioners with mileage reimbursement (Finding 3.2).
  • Allow the commission a role in selecting mapping tools and provide earlier training (Findings 3.3, 3.4).
  • Expand the commission website to include Voting Rights Act requirements in accessible language (Finding 3.5).
  • Use non-commissioners for outreach and ad hoc committees (Finding 3.6).
  • Lee Heller (via Zoom) spoke in support of the process, suggesting that any changes to the ordinance should be brought to voters sooner rather than later to reduce politicization. An unidentified speaker, who attended most CERC meetings, expressed skepticism that the Board of Supervisors can determine if a commissioner who leaves is allowed to return, suggesting this may require voter approval or bylaw modification. The speaker noted that earlier appointment processes may not reduce turnover due to life changes and suggested that most problems identified in the CERC report would need to be addressed via a new ballot initiative.
  • Supervisor Nelson suggested a timeline of 2024 or 2026 for potential ballot measures. Supervisor Williams raised concerns about investing in changes now if state law or other models emerge, potentially limiting options. The Board discussed the timing of potential ordinance amendments and initiative language changes. Staff noted that the County Council and the County Administrator’s office have identified obsolete ordinance changes related to the 2010 redistricting process that do not require voter approval. Staff indicated they are working on these changes and will bring them to the board. Staff offered to research and provide further analysis or options for potential ordinance changes that would require voter approval, subject to board direction. Supervisor Williams, through the Chair, directed staff to bring back options and proposed ordinance language at a later date to address the challenges identified in the CIRC recommendations. Staff confirmed that the 2010 ordinance changes are expected to be brought back to the board within the next year and a half (anticipated for 2024), at which time the discussion regarding potential changes requiring voter approval would take place.
  • A motion was made and seconded to approve the staff recommendations (A through D), including ordinance changes that can be made by staff and directing staff to prepare recommendations for ordinance/initiative changes prior to the 2024 election. The motion passed unanimously.

Departmental Item 4: Off-Street Parking Facilities Ordinance

  • The General Services Department presented an ordinance amending Chapter 12A and Chapter 24A of the County Code to regulate off-street county parking facilities. The ordinance allows for better control of parking restrictions, prohibits extended parking in EV spots if not charging, and allows for administrative fines. Gary Thompson (Physical Security Coordinator) explained the ordinance is intended to allow maintenance and management of county lots, not to be punitive. Supervisor Nielsen asked about time limits for EV parking, which staff stated would be determined by the designee. A motion was made and seconded to approve the introduction of the ordinance (first reading), waive full reading, and continue the item to the administrative agenda on October 4, 2022, for second reading and adoption. The motion passed unanimously.

Public Comment: Cannabis Cultivation and Water Rights

  • Ana Citrin, representing the Santa Barbara Coalition for Responsible Cannabis, presented a complaint filed with the California EPA, State Water Resources Control Board, and Department of Fish and Wildlife. The complaint alleges that cannabis cultivators along the Santa Ynez River are illegally diverting subterranean surface flows during the summer forbearance period. Citrin stated that the county’s CEQA checklist focuses solely on water quality compliance and does not separately address water rights or surface water diversion. She requested that the county integrate water rights into the cannabis permit review process and improve coordination with state agencies regarding water rights.

Public Comment: Rural Crime and Agricultural Security

  • An unidentified speaker representing an agricultural community reported monthly incidents of theft and damage costing between $10,000 and $30,000. The speaker noted the impact on employee wages and morale and requested that the issue be agendized for collective action. Jim Stolberg, a partner at Hampton Farming and member of the County Ag Advisory Committee, reported over $100,000 in damages from thefts and property destruction over the past four years. He requested the allocation of funds for patrol officers and a dedicated prosecutor for crimes against business, noting that current resources are insufficient. Bob Engel of Engel and Gray reported weekly incidents of crime, including the theft of catalytic converters from company trucks. He requested funding for the Sheriff’s Department and the District Attorney’s office, arguing that current resources are insufficient to address repeat offenders and probation tracking.
  • Supervisor Lavagnino expressed support for increasing rural crime oversight but distinguished it from the separate issue of protecting county employees. He noted that the Sheriff’s Department has faced threats and that the county should support the department’s efforts. The Chair discussed the challenges of attracting and retaining Sheriff’s personnel, noting that the Sheriff’s Department is unable to recruit enough new personnel to staff additional rural crime units without pulling officers from other duties. The Chair stated that the county has already allocated $2 million in overtime and promised up to $2 million for hiring, contingent on the department hiring sufficient personnel. The Chair characterized requests for additional funding as an effort to leverage the board, given the existing allocations.

Adjournment

  • The Board adjourned to Tuesday, October 4, 2022, in Santa Barbara.