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Board of Supervisors — 2024-09-17

Board of Supervisors — 2024-09-17September 17, 2024

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BodyBoard of Supervisors
MeetingRegular Meeting
Date📅 September 17, 2024

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Meeting Summary

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Present: 2-Capps, 4-Nelson, 5-Lavagnino · Absent: 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

Resolutions and Proclamations

  • The Board adopted a resolution honoring Commander Ed Olson's retirement from the District Attorney's Office.
  • A proclamation designating September 2024 as Recovery Month was approved following departmental remarks.
  • The Board recognized National Forensic Science Week with a resolution honoring the Sheriff's Forensics Bureau.

Budget Revisions

  • Staff requested approval for three specific budget revision requests to address funding needs.
  • Supervisor Nelson raised concerns regarding geographic equity in Capital Improvement Program investments.
  • The Board unanimously approved the requested budget revisions despite noted distributional concerns.

Parking Permits MOU

  • General Services presented a Memorandum of Understanding with the City of Santa Barbara for court employee parking permits.
  • Staff explained current permit allocation strategies and traffic assessments in response to Supervisor inquiries.
  • The Board unanimously approved the agreement to manage county-funded parking for Superior Court employees.

Inspector of Record Contract

  • General Services proposed an agreement with independent contractor ASIC for the Probation Headquarters project.
  • Staff clarified that third-party inspectors are used for quality assurance and cost-effectiveness on county projects.
  • The contract was unanimously approved after distinguishing it from standard code compliance inspections.

Taheqa Landfill Groundwater Protection Contract

  • A public protest challenged the initial award to Sucre Construction, alleging non-compliance with bidding requirements.
  • Staff confirmed the low bidder's submission was responsive and noted the Board lacks authority to override bid protests.
  • Following an appeal and rebid process, the Board voted to proceed with the contract award.

Arctic Cold Agricultural Processing Project

  • The Board held a hearing on a general plan amendment and conditional use permit for extensive agricultural processing.
  • Supervisors expressed concern over traffic congestion during shift changes overlapping with peak agricultural hours.
  • The project was unanimously approved subject to an amended description prohibiting shift changes during peak times.

Grand Jury Report Response

  • Staff presented findings on behavioral health crisis response, noting six co-response teams are fully staffed.
  • The Board declined the recommendation to increase clinicians, citing ongoing system redesign and full staffing levels.
  • Recommended actions regarding training protocols and the Crisis Stabilization Unit were unanimously approved.

Proposed Energy Reach Code

  • Staff proposed developing an energy reach code for new construction and major remodels under the Climate Action Plan.
  • Supervisors discussed legal viability, affordability, and energy reliability concerns raised during public comment.
  • The Board voted to approve the staff recommendation to proceed with developing the new energy performance standards.

Closed Session

  • The Board convened as the Flood Control District to discuss existing litigation involving Catherine Montgomery.
  • No reportable action was taken during this closed session discussion.

Full summary

Meeting Call to Order and Administrative Matters

  • The September 17, 2024, meeting of the Santa Barbara County Board of Supervisors was called to order following a roll call and the Pledge of Allegiance. A motion was made and seconded to approve the minutes from the September 10, 2024, regular meeting; the motion passed unanimously. The County Executive Officer presented a video segment regarding the Animal Services team's response to the Lake Fire. Regarding the Administrative Agenda, Supervisor Nelson requested that Items 12, 15, 17, and 21 be removed from general approval for separate consideration. A motion was made and seconded to approve the remaining administrative items; the motion passed unanimously.

Resolutions

  • Retirement of Commander Ed Olson: A resolution honoring Commander Ed Olson upon his retirement from the District Attorney's Office was presented. Following remarks from the District Attorney and Commander Olson, the resolution was adopted.
  • Recovery Month Proclamation: A resolution proclaiming September 2024 as Recovery Month in Santa Barbara County was presented. After comments from Behavioral Wellness Department representatives, the resolution was adopted.
  • National Forensic Science Week: A resolution proclaiming the week of September 15–21, 2024, as National Forensic Science Week and honoring the Sheriff's Office Forensics Services Bureau was presented. Following a presentation by a Lieutenant from the Forensic Bureau, the resolution was adopted.

Administrative Item 12: Budget Revisions

  • The County Executive Office requested approval for budget revision requests 10091, 10120, and 10125. Supervisor Nelson raised concerns regarding geographic equity in Capital Improvement Program investments, noting a concentration of funding in South County projects. A motion was made and seconded to approve the budget revisions; the item passed unanimously.

Administrative Item 15: Parking Permits MOU

  • The General Services Department presented a Memorandum of Understanding (MOU) with the City of Santa Barbara regarding county-funded parking permits for Superior Court employees. Supervisor Nelson inquired about the impact on existing parking availability and broader solutions for employee needs. Staff explained the current permit allocation strategy and traffic assessments. A motion was made and seconded to approve the MOU; the item passed unanimously.

Administrative Item 17: Inspector of Record Contract

  • The General Services Department proposed an agreement with independent contractor ASIC to serve as inspector of record for the Probation Headquarters building project. Supervisor Nelson asked for clarification on the distinction between third-party inspection and standard code compliance inspections. Staff explained that third-party inspectors are utilized for quality assurance and cost-effectiveness on county projects. A motion was made and seconded to approve the contract; the item passed unanimously.

Administrative Item 21 / Departmental Item D1: Taheqa Sanitary Landfill Groundwater Protection System Phase IV-A

  • This item concerned the award of a contract for the Taheqa sanitary landfill groundwater protection system. In Part 1, a public comment was received protesting the award to Sucre Construction (referred to as Suket in later parts), alleging non-compliance with bidding requirements and claiming the protester's firm was the lowest responsive bidder. Due to the absence of some board members, the item was initially tabled.
  • In Part 2, the Board reconsidered the item. A representative from Pappage Construction (the second-lowest bidder) presented concerns regarding bid shopping and subcontractor listing requirements by the low bidder. Staff and County Counsel reported that the bid protest had been reviewed and the low bidder's submission was determined to be responsive and responsible. Supervisors discussed concerns regarding Community Workforce Agreements (CWA) and local labor utilization, as well as legal constraints on local preference in bidding. A motion was made to trail the item to the end of the meeting to allow County Counsel additional time to research options regarding the bid protest and potential discretion to award to another bidder. The item was trailed without a final vote at that time.
  • In Part 3, staff clarified that under specific bid procedures for this project, the Board does not have authority to consider protests; the Director of Public Works is the final decision maker. Staff confirmed that both bidding contractors are union-affiliated and addressed questions regarding local labor preference within the Project Labor Agreement. The Chair opened the floor for public comment, but no motion or vote was recorded in this segment.
  • In Part 4, discussion continued regarding the contract award following an appeal by Suket that resulted in a rebid. Concerns were raised about the timeline and the effectiveness of CWAs in guaranteeing local company usage. It was suggested that a report on actual local labor utilization be provided if the contract proceeds. A motion was made and seconded to proceed with the contract award; the motion passed.

Departmental Item D1: Arctic Cold Extensive Agricultural Processing Use Project

  • The Board held a hearing regarding the Arctic Cold project at 1750 East Baderabia Road, which includes a general plan amendment, revised development plan, conditional use permit, and tentative parcel map for extensive agricultural processing. Staff presented details on traffic demand management, drainage maintenance, and flood control compliance. Ex parte communications were disclosed regarding traffic impacts, drainage, and power lines. Supervisors expressed concern that the project was approved in a bifurcated manner, creating risk if the general plan amendment were not granted. Supervisor Nielsen raised concerns regarding traffic congestion during shift changes overlapping with peak agricultural hours. The applicant agreed to amend the project description to prohibit shift changes during these peak hours. A motion was made and seconded to accept revised slides into the record. Following a brief recess, Supervisor Nielsen moved to approve the project subject to staff recommendations and the amended project description; the motion was seconded. The Board voted unanimously to approve the item.

Departmental Item D2 / Departmental Item 2: Response to 2023–2024 Grand Jury Report

  • The Board heard a presentation regarding the Grand Jury report titled "Individuals in Crisis, the Right Care at the Right Time," which addresses behavioral health crisis response and Welfare and Institutions Code Section 5150 holds. Staff presented findings indicating that no Board action has restricted law enforcement's authority to place such holds. The presentation noted that six co-response teams are fully staffed as of August 2024, though utilization data indicates low call volumes. Staff advised against the Grand Jury's recommendation to increase clinicians for co-response teams at this time, citing full staffing and ongoing system redesign efforts, including a new medical mobile crisis benefit. Discussion covered training protocols for law enforcement, the distinction between arrest warrants and mental health interventions, and the reopening of the Crisis Stabilization Unit (CSU). No public comment was received. A motion was made and seconded to approve the recommended actions; the motion passed unanimously.

Departmental Item 3: Proposed Energy Reach Code

  • Staff from the Community Services Department presented a proposal to develop an energy reach code as part of the Climate Action Plan, requiring buildings to meet higher energy performance standards based on efficiency and carbon impact. Staff explained that this approach follows a Ninth Circuit Court decision regarding federal preemption over appliance regulation. The proposal applies to new construction and major remodels exceeding 75% of existing structure value, with potential exemptions for projects that are "electric ready." Public comment was received from three speakers with varying views on consumer choice, reliability during power outages, and health benefits. Supervisors discussed legal viability, affordability, and energy reliability in rural areas. A motion was made and seconded to approve the staff recommendation to proceed with developing the code; the motion passed.

General Public Comment

  • Eleven members of the public provided comments on general topics. Several speakers addressed mobile home parks, advocating for a senior park overlay to prevent conversion to all-age communities and citing concerns regarding predatory management practices and affordability. Other speakers discussed voter registration, border security, and government structure.

Closed Session: Existing Litigation

  • The Board convened in closed session as the Board of Directors for the Santa Barbara County Flood Control and Water Conservation District to discuss existing litigation involving Santa Barbara County Flood Control and Water Conservation District v. Catherine Montgomery. No reportable action was taken.

Adjournment

  • The meeting was adjourned. The next meeting is scheduled for October 1, 2024, in Santa Barbara.