Board of Supervisors — 2017-11-14November 14, 2017

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BodyBoard of Supervisors
MeetingRegular Meeting
Date📅 November 14, 2017

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Meeting Summary

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At a glance

Cannabis Cultivation Licensing and Regulatory Options (Article 10)

  • Staff presented options for temporary state licensing and amendments to Article 10 regarding amortization periods for existing non-conforming uses.
  • The Board adopted Option 1 for temporary licensing with additional requirements for owner consent and odor control measures.
  • Conceptual approval was granted for Option 2 in the coastal zone to facilitate consultation with the state on compliance.
  • The Board adopted the recommended amortization period, allowing existing legal non-conforming uses a defined timeframe to cease operations or become compliant.

Tejas Resource Recovery Project (TRRP) and Comprehensive Plan Amendment

  • Staff presented the revised project, including the relocation of the anaerobic digester outside the coastal zone and a comprehensive plan amendment to the Waste Disposal Facility Overlay.
  • The amendment revises the overlay boundary by adding approximately 4.48 acres and removing approximately 55 acres of dense native vegetation.
  • The Board approved the comprehensive plan amendment, adopted CEQA findings, and authorized the execution of the second contract amendment with MSB Investors.

Santa Rita Hills Community Services District (CSD) Board Appointment

  • The County Executive Office presented recommendations for the appointment of directors for the Santa Rita Hills Community Services District.
  • Public comments addressed the Board's legal authority to appoint members and raised concerns regarding property ownership and easement issues.
  • No final vote outcome is recorded in the provided summaries.

Homeless Death Review and Behavioral Health

  • The Public Health Director presented the fifth Homeless Death Review Team Report, identifying 40 deaths in 2015 and 44 in 2016, with substance abuse as the most prevalent condition.
  • Staff discussed efforts to expand substance abuse treatment options, including the distribution of opiate overdose reversal kits and the use of Suboxone.
  • The Board received and filed the report.

Davison House Historic Landmark Designation

  • Planning and Development presented a hearing to consider the Historic Landmarks Advisory Commission’s recommendation to designate the Davison House as a county historic landmark.
  • Staff recommended adopting the resolution and imposing certain conditions on the property, noting the Commission’s resolution was set to expire unless adopted by the Board.
  • No final vote outcome is recorded in the provided summaries.

Unity Shop Toys for Tots and Food Drive

  • The Director of the Unity Shop requested the Board’s approval and co-sponsorship of the Toys for Tots drive and the Unity Shop food drive for 2017.
  • The request included sponsorship for food and toy boxes to be placed in county offices to serve approximately 19,000 low-income individuals annually.
  • No final vote outcome is recorded in the provided summaries.

2018 Board of Supervisors Schedule

  • The County Executive Office presented the proposed 2018 meeting schedule, maintaining the current practice of meeting twice in Santa Barbara and once in Santa Maria each month.
  • The Board agreed to a schedule adjustment that included no meeting on March 6, a meeting in Santa Barbara on February 27, and a meeting in Santa Maria on June 19.

Board of Supervisors Compensation and Benefits Ordinance

  • Human Resources presented a second reading of an ordinance amending the compensation and benefits for members of the Santa Barbara County Board of Supervisors.
  • The motion to pass the ordinance was seconded and approved.

National Court Adoption and Permanency Month

  • A Supervisor sponsored a resolution recognizing November 2017 as National Court Adoption and Permanency Month in Santa Barbara County.
  • The Department of Social Services presented a recognition for foster and adoptive parents in observance of Adoption Month.
  • The resolution was passed and adopted.

Employee of the Month Commendation

  • A Supervisor sponsored a resolution of commendation honoring Deborah Marsh of the Probation Department as the November 2017 Employee of the Month.
  • The resolution recognized her service since 1983 and her family’s cumulative 93 years of county service.
  • The resolution was passed and adopted.

Withdrawal of Item 835

  • Item 835 was withdrawn from the agenda because the sponsor was unable to attend.
  • The item is scheduled to be re-docketed for a future date.

Community Services - Subordination of Regulatory Agreement

  • Community Services presented a recommendation regarding the subordination of a county regulatory agreement on a multi-unit residential property at 777 Camino Pescadero in Isla Vista.
  • No final vote outcome is recorded in the provided summaries.

Elections Code 10515B – Appointment of Personnel

  • Staff presented a memorandum describing the Board’s authority under Elections Code 10515B to appoint personnel following an election that did not yield members.
  • The Board discussed the process for making appointments under the specified code.
  • No final vote outcome is recorded in the provided summaries.

Coastal Commission – Vested Rights Determination

  • Staff reported receiving a letter from the Coastal Commission requesting the county to pursue a vested rights determination related to the Tejas project.
  • Staff explained the CEQA baseline and noted that the Board has discretion to decide how the environmental setting is measured, provided it is supported by substantial evidence.
  • No final vote outcome is recorded in the provided summaries.

Closed Session

  • Staff reported that the Board considered two cases of significant exposure to civil litigation and one matter of existing litigation (Rancho La Laguna v. County of Santa Barbara).
  • Staff noted that there were no reportable actions from the closed session.

Full summary

Agenda Item: Cannabis Cultivation Licensing and Regulatory Options (Article 10)

  • Staff presented options for temporary state licensing and amendments to Article 10 regarding amortization periods for existing legal non-conforming uses. Public comments were received from representatives of local growers, the Cannabis Business Council, medical cannabis caregivers, and residents. Speakers supporting temporary licensing argued it would allow compliant operators to remain legal during the transition to state regulations and distinguish compliant operators from non-compliant ones. Opponents argued that temporary licensing would legalize non-compliant operations, exacerbate odor issues, and that the county lacked the necessary ordinances and enforcement processes. Some speakers raised safety concerns regarding commercial growth on narrow roads and environmental impacts. Staff clarified that the state may require local authorization for temporary licenses and that the county’s current ordinance prohibits issuing permits for medical marijuana cultivation in unincorporated areas. Staff also presented draft ordinance amendments to establish an amortization period, allowing existing legal non-conforming uses six months after the operative date of new state regulations or 18 months after the effective date (whichever is later) to cease operations or become compliant. Staff noted that issuing letters of authorization could conflict with the existing ban and that the county lacks a tax structure or fee schedule for these operations.
  • A motion was made to adopt Option 1 for temporary licensing, with additional requirements for proof of owner consent and information on odor control measures. The motion was seconded. The motion passed. A motion was made to give conceptual approval to Option 2 for the coastal zone, involving a consultation process to respond to state questions regarding compliance with the draft ordinance. The motion was seconded. The motion passed. A motion was made to adopt the amortization period under Item C as recommended by staff. The motion was seconded. The motion passed.

Agenda Item: Tejas Resource Recovery Project (TRRP) and Comprehensive Plan Amendment

  • Staff presented the revised Tejas Resource Recovery Project, including the relocation of the anaerobic digester facility outside the coastal zone and a comprehensive plan amendment to the Waste Disposal Facility Overlay. The amendment revises the overlay boundary, adding approximately 4.48 acres and removing approximately 55 acres of dense native vegetation. Staff stated the project is consistent with the Comprehensive Plan and Gaviota Coast Plan, promotes alternative energy, and reduces greenhouse gas emissions. Capital costs increased by approximately $19.7 million, and operational costs increased from $15.15 to $16.23 per ton, resulting in a less than 5% increase in the facility tip fee. Staff addressed concerns regarding feedstock availability, noting that historical trends show waste generation has kept pace with recycling efforts. Staff also explained that the facility can process both source-separated organics and organics recovered from municipal solid waste to meet state greenhouse gas reduction targets.
  • Public comments included support from project developers and county staff, who emphasized environmental benefits, the extension of the landfill’s life, and the generation of renewable energy. Opponents, including the Gaviota Coast Conservancy and local residents, cited financial irresponsibility, environmental concerns, and inadequate environmental review. Specific concerns included unaddressed coastal zone boundary discrepancies, unpermitted development, and impacts on the California red-legged frog population. Staff responded by stating they had conducted additional technical reports, updated biological surveys, and identified mitigation measures for the red-legged frogs. Staff clarified that they consult with Planning and Development on coastal permits and that some projects were exempt.
  • A motion was made to approve the comprehensive plan amendment, adopt the CEQA findings, receive the Planning Commission’s conformity report, adopt the resolution amending the Waste Disposal Facility Overlay, and authorize the execution of the second contract amendment with MSB Investors. The motion was seconded. The motion passed.

Agenda Item: Santa Rita Hills Community Services District (CSD) Board Appointment

  • The County Executive Office presented recommendations regarding the appointment of directors for the Santa Rita Hills Community Services District. Public comments were received from representatives of the proposed board members and opponents. Supporters argued the proposed members were qualified and had a vested interest in the area, and that the Board had authority to appoint them under special circumstances. Opponents argued the County did not have jurisdiction to appoint a board under Government Code 1780, alleging bad faith representation of property ownership and easement issues. They argued the quorum requirement was still five members, making any appointment invalid. The Board discussed the legal authority to appoint the board and issues surrounding easement and property ownership. No final vote outcome is recorded in the provided summaries.

Agenda Item: Homeless Death Review and Behavioral Health

  • The Public Health Director and members of the homeless death review team presented the fifth Santa Barbara County Homeless Death Review Team Report, covering data from 2015 and 2016. In 2015, 40 deaths were identified; in 2016, 44 deaths were identified. The majority of decedents were male, with average ages of death in the mid-50s. Substance abuse was the most prevalent health condition. In 2016, 77% of deaths occurred in South County. Most decedents had contact with county agencies in the year prior to death. Staff noted that while the raw number of deaths increased, the case rate also rose, potentially due to improved data collection methods. Staff discussed efforts to expand substance abuse treatment options, including the distribution of opiate overdose reversal kits and the use of Suboxone.
  • Public comments included perspectives on the causes of homelessness, such as substance abuse and mental illness, and suggestions for low-threshold interventions, medication-assisted treatment, and housing. One speaker argued that housing with supportive services is the solution to end homeless deaths and that removing housing (e.g., banning vehicle parking) increases homelessness and deaths. Another speaker advocated for compassion toward the homeless and suggested health certificates for food instead of cash. The Board discussed the statistics on homeless deaths, the effectiveness of current interventions, and the need to compare Santa Barbara County’s outcomes with other jurisdictions. One Supervisor noted that while the total homeless population in the south is decreasing, numbers in the north are increasing.
  • A motion was made to receive and file the report. The motion was seconded. The motion passed.

Agenda Item: Davison House Historic Landmark Designation

  • Planning and Development presented a hearing to consider the Historic Landmarks Advisory Commission’s recommendation to designate the Davison House as a county historic landmark in the third district. Staff reported that the Commission had adopted a resolution conferring landmark status on the property on September 11, 2017, which was set to expire on December 8, 2017, unless the Board adopted a resolution to designate the house as a county historic landmark. Staff recommended adopting the resolution and imposing certain conditions on the property. A representative of the Historic Landmarks Advisory Commission presented a nomination for the historic house, providing historical context including its construction in 1886, architectural features, and its association with prominent residents such as Edgar B. Davidson and Grace Lyons. The Board discussed the historical significance of the property and the contributions of its former residents to the community and conservation efforts. No final vote outcome is recorded in the provided summaries.

Agenda Item: Unity Shop Toys for Tots and Food Drive

  • The Director of the Unity Shop requested the Board’s approval and co-sponsorship of the Toys for Tots drive and the Unity Shop food drive for 2017. The Director stated that Unity serves approximately 19,000 low-income individuals annually and would have about 1,500 families coming for food before Thanksgiving and 3,000 families before Christmas. They requested sponsorship for food and toy boxes to be placed in county offices. Public comments were heard from Jeff Havlick and Tom Reed. No final vote outcome is recorded in the provided summaries.

Agenda Item: 2018 Board of Supervisors Schedule

  • The County Executive Office presented the proposed 2018 meeting schedule, which maintains the current practice of meeting twice in Santa Barbara and once in Santa Maria each month, including time for budget workshops and hearings, and incorporates a three-week summer break. A Supervisor proposed a motion to adjust the schedule, specifically noting that there would be no meeting on March 6, a meeting in Santa Barbara on February 27, and a meeting in Santa Maria on June 19. Another Supervisor argued for certainty in the schedule. The Board agreed to the schedule adjustment. The motion passed.

Agenda Item: Board of Supervisors Compensation and Benefits Ordinance

  • Human Resources presented a second reading of an ordinance amending the compensation and benefits for members of the Santa Barbara County Board of Supervisors. Public comments were heard from Dorothy Dent, Lind Entie, Elizabeth Williams, Bruce Porter, and Christine Cooper. The motion passed.

Agenda Item: National Court Adoption and Permanency Month

  • A Supervisor sponsored a resolution recognizing November 2017 as National Court Adoption and Permanency Month in Santa Barbara County. The resolution highlighted the importance of permanent, safe, and loving adoptive families and noted that over 100 children in the county are awaiting adoption. Amy Krueger from the Department of Social Services presented a recognition for Michelle and James Leon, foster and adoptive parents, in observance of Adoption Month. Krueger noted that the Leons have cared for their four grandchildren since August 2016 and are scheduled to finalize their adoption at an upcoming Adoption Day celebration. The resolution was passed and adopted.

Agenda Item: Employee of the Month Commendation

  • A Supervisor sponsored a resolution of commendation honoring Deborah Marsh of the Probation Department as the November 2017 Employee of the Month. The resolution recognized her service since 1983, her role as an Administrative Office Professional II, and her family’s cumulative 93 years of county service. The resolution was passed and adopted.

Agenda Item: Withdrawal of Item 835

  • Item 835 was withdrawn from the agenda because the sponsor was unable to attend. It is scheduled to be re-docketed for a future date.

Agenda Item: Administrative Agenda and Minutes

  • The board reviewed the minutes from the November 7, 2017 meeting. The CEO’s report was presented. Honorary resolutions A30 through A35 were reviewed. Item A16 was pulled from the agenda at the request of a board member. The remaining administrative items were reviewed. A motion was made to approve the minutes of November 7, 2017. The motion was seconded. The motion passed. A motion was made to adopt honorary resolutions A30 through A35. The motion was seconded. The motion passed. A motion was made to approve the balance of the administrative agenda. The motion was seconded. The motion passed.

Agenda Item: Community Services - Subordination of Regulatory Agreement

  • Community Services presented a recommendation regarding the subordination of a county regulatory agreement on a multi-unit residential property at 777 Camino Pescadero in Isla Vista. Public comment was heard from Frank Thompson. No final vote outcome is recorded in the provided summaries.

Agenda Item: Elections Code 10515B – Appointment of Personnel

  • Staff presented a memorandum from the Chief Deputy Clerk of the Board describing the Board’s authority under Elections Code 10515B to appoint personnel. This follows an election that did not yield members, shifting the responsibility to the Board. The Board discussed the process for making appointments under the specified code. No final vote outcome is recorded in the provided summaries.

Agenda Item: Coastal Commission – Vested Rights Determination

  • Staff reported receiving a letter from the Coastal Commission requesting the county to pursue a vested rights determination related to the Tejas project and assertions of violations in the coastal zone. Staff explained the CEQA baseline, noting that the Board has discretion to decide how the environmental setting is measured, provided it is supported by substantial evidence. They emphasized that the current baseline is defensible but the Board could direct a different baseline if desired. The Board discussed its discretion in determining the CEQA baseline and the implications of the Coastal Commission’s request. No final vote outcome is recorded in the provided summaries.

Agenda Item: Closed Session – Litigation

  • Staff reported that the Board was agendized to consider three matters in closed session: two cases of significant exposure to civil litigation and one matter of existing litigation (Rancho La Laguna v. County of Santa Barbara). Staff noted that there were no reportable actions from the closed session.