Board of Supervisors — 2018-04-10

Simpler Systems, Inc. Agreement Amendment

• The board reviewed recommendations for a First Amendment to the IT services agreement with Simpler Systems, Inc.
• No public comment was requested or received during the discussion.
• The board approved the First Amendment to the agreement.

Women’s Commission Update

• Staff presented highlights from six "Women Speak Up" community sessions held across the county in March.
• Key issues raised by attendees included sexual assault, mental health access, housing instability, and economic development.
• Supervisors discussed the importance of mental health resources and the long-term impacts of adverse childhood experiences.
• The board approved the item following the presentation and public comment.

Cannabis Business Licensing Ordinance

• Staff presented a revised ordinance establishing local annual licenses, including caps on cultivation acreage and a simplified appeals process.
• The board debated transition period options, with staff recommending Option 1A to extend the coastal zone consultation process for compliant operators.
• Public commenters and legal counsel expressed varying views on compliance pathways, banking mechanisms, and potential conflicts with the Coastal Act.
• The board voted to proceed with Option 1A and set a hearing for May 1st for the second reading of the ordinance.

LAFCO Appointments

• The board considered appointments for one regular and one alternate member to the Local Agency Formation Commission.
• Supervisor Lavinino recommended appointing Mr. Lavagnino as the regular member and Supervisor Hartman as the alternate.
• The board approved the appointments for terms running from March 1, 2018, to March 1, 2022.

Resolutions

• The board adopted resolutions proclaiming "Committed Week," Equal Pay Day, and National Crime Victims Rights Week.
• A resolution was passed proclaiming April as National Poetry Month and honoring Orchid Academy students for their competition achievements.
• All resolutions were adopted following brief discussions and public comments where applicable.

Closed Session

• The board convened in closed session to discuss existing and anticipated litigation, real property negotiations, and labor negotiations.
• Upon returning to open session, the board reported that there were no reportable actions taken during the closed session.

Agenda Item: Minutes of April 3rd

• Discussion: The Chair requested a motion to approve the minutes from the previous meeting.
• Motion: A motion was made to approve the minutes.
• Vote: The motion passed unanimously.

Agenda Item: Resolutions A23 through A26

• Discussion: The Chair moved to approve resolutions A23 through A26.
• Motion: A motion was made to approve the resolutions.
• Vote: The motion passed unanimously.

Agenda Item: Item A8 (First Amendment to Agreement with Simpler Systems, Inc.)

• Discussion: The board considered recommendations regarding a First Amendment to the agreement with Simpler Systems, Inc. for information technology services. No public comment was requested or received.
• Motion: A motion was made to approve the First Amendment.
• Vote: The motion passed with 3 ayes and 2 abstentions.

Agenda Item: Balance of the Agenda

• Discussion: The Chair requested a motion on the balance of the agenda.
• Motion: A motion was made and seconded.
• Vote: The motion passed unanimously.

Agenda Item: Item D1 (Women’s Commission Update)

• Discussion: Susan Foley, staff for the Commission for Women, presented an update on the "Women Speak Up" events held countywide in March. Commissioners Heidi Summers and Tracy Beard were present. The Commission presented highlights from six community sessions held in Isla Vista, Carpinteria, Lompoc, Guadalupe, and Santa Maria. Key issues raised by community members included sexual assault, community safety, mental health access, economic development, housing instability, and healthcare access. Supervisor Lavinino noted the importance of mental health access and suggested coordinating a workshop or forum to address questions about mental health resources. Supervisor Hartman highlighted the issue of adverse childhood experiences and their long-term health impacts. Public comment was received from Janet Blevin and others regarding the events and representation in the fourth district.
• Motion: A motion was made to approve the item.
• Vote: The item was approved.

Agenda Item: Item D2

• Discussion: The Chair requested a motion on items A and B associated with D2. Public comment had been taken.
• Motion: A motion was made and seconded.
• Vote: The motion passed unanimously.

Agenda Item: Item D3 and Cannabis Business Licensing Ordinance (Chapter 50) and Transition Period Options

• Discussion:
• Staff Report: Dennis Pezant from the County Executive Office presented a revised ordinance to establish a local annual cannabis business license. Key revisions included capping outdoor cultivation at zero acres in the coastal zone, capping indoor/mixed-light cultivation at 186 acres in the Carpinteria Agricultural Overlay District, allowing renewable energy credits, and simplifying the appeals process to a hearing officer model.
• Transition Period Options: Staff presented options for handling ongoing operations during the transition period:
• Option 1A: Extend a coastal zone consultation process. If an operator is compliant, the county remains silent on their state license application (which becomes approved after 60 days). If non-compliant, the county notifies the state. This option allows all operators to enter the consultation process.
• Option 1B: Similar to 1A but limited to those with state temporary licenses.
• Option 2A/2B: Require fully operational county ordinances. No consultation process; operators must wait for permitting/licensing to become operational (contingent on banking and Coastal Commission certification).
• Staffing and Costs: Staff estimated 100–200 permit/license applications in the first 12 months. Permitting/licensing costs were estimated at $2.37 million (12.5 FTEs), to be recovered via fees. Enforcement costs were estimated at under $2 million (9.5 FTEs), to be funded by the general fund.
• Banking: Jennifer Christensen, Chief Investment Officer, reported that an account has been established with a recognized banking institution. The mechanism for depositing funds is expected to be in place by the end of June.
• Public Comment:
• A representative for the Carpinteria Valley Association supported banning outdoor cultivation in the coastal zone and limiting sites in Carpinteria. They favored the consultation model and requested that new temporary letters stop being issued.
• A taxpayer expressed concern over legacy costs and the potential for new bureaucracy, urging that the industry pay for its own enforcement and compliance.
• A representative for the Committed Campaign (Red Ribbon Week) highlighted the importance of youth prevention programs.
• Jared Ficker and Robert Bordello expressed support for Option 1A. Ficker argued that Option 1A maintains compliance pathways and allows for planning consultations to begin as early as June or July. He suggested that retail licenses should utilize a merit-based system rather than a lottery to favor local operators and ensure better community integration. Bordello supported Option 1A, emphasizing the need to avoid gaps in state licensing compliance and to tighten regulatory filters on the industry.
• Supervisor Lavinino raised concerns about Option 1A, noting that it expands eligibility to all potential cannabis operators, including distributors and adult-use licenses, rather than limiting it to medical cultivators. She argued that this option does not generate revenue for enforcement or licensing and could lead to an increase in unregulated operations. She stated she would vote against the option.
• Dillon Johnson, legal counsel for the City of Carpinteria, stated that the city supports only an option that maintains the status quo (identified as Option 2A). The city argued that authorizing new or expanded uses prior to the certification of the Local Coastal Program (LCP) by the Coastal Commission would violate the Coastal Act, Planning and Zoning Law, and CEQA. The city warned that such actions could create vested rights or legal non-conforming statuses that would complicate future compliance enforcement.
• A speaker addressed the Chair and Board of Supervisors in support of Option 1A. The speaker stated that this option provides the best chance for compliant operators and early adopters to maintain compliance, noting that initial licenses expire on May 1st. While Option 1A facilitates compliance with annual licenses starting in June, the speaker identified a potential gap in licensure and compliance due to the lack of temporary authorization for adult use during the interim. The speaker noted that compliant operators face significant competition from the unlicensed black market. The speaker requested that additional medical affidavits be added as an addendum to existing affidavits to allow for nursery, distribution, and processing, arguing that these uses were previously permitted under cultivation but are now separated under the new licensing structure.
• Board Discussion: Supervisors discussed the tension between state licensing and local control. Supervisor Wolk raised questions about the consultation process and the issuance of negative letters. The Chair clarified that under Option 1A, the county would send negative letters to the state if operators are non-compliant after consultation. Supervisor Hartman inquired about the process for reporting non-compliant operators, and staff confirmed that complaints could be made to local sheriff substations, the CEO’s office, or Planning and Development (P&D), with information routed to the Narcotics Bureau. Supervisor Hartman and Jared Ficker discussed the retail licensing process. Ficker recommended a merit-based system, citing the Santa Barbara City process as a model, to evaluate applicants based on business plans, security, and local ties, rather than a lottery.
• Motion: Supervisor Lavinino moved to proceed with Option 1A. The motion was seconded.
• Vote: The motion passed with a vote of 3-2.
• Additional Actions: The board agreed to set a hearing for May 1st for the second reading of the ordinance and CEQA findings.

Agenda Item: Appointment of Board Members to the Local Agency Formation Commission (LAFCO)

• Discussion: The board considered the appointment of two members to the LAFCO for terms running from March 1, 2018, to March 1, 2022: one regular member position and one alternate member position. Supervisor Lavinino recommended appointing Mr. Lavagnino as the regular member and Supervisor Hartman as the alternate, noting that both currently serve in these capacities and that having both as representatives of the county is beneficial.
• Motion: A motion was made to appoint Mr. Lavagnino as the regular member and Supervisor Hartman as the alternate member to the LAFCO.
• Vote: The motion passed.

Agenda Item: Resolutions

Resolution 823: Proclaiming April 23–27, 2018, as "Committed Week"

• Sponsor: Chair Williams.
• Discussion: The resolution proclaims the week of April 23–27, 2018, as "Committed Week" in Santa Barbara County. It highlights the youth development campaign focused on drug abuse prevention and education, organized by CATA (Council on Alcoholism and Tobacco Abuse). The resolution encourages residents to support and participate in alcohol and other drug prevention activities.
• Vote: The resolution was passed and adopted.

Resolution A24: Recognizing April 10, 2018, as Equal Pay Day

• Sponsors: Supervisors Wolfe and Hartman.
• Discussion: The resolution recognizes April 10, 2018, as Equal Pay Day. It notes that women in Santa Barbara County typically earn 87% of what men earn for comparable work. It urges citizens to recognize the value of women’s contributions to the labor force and encourages businesses to conduct internal pay evaluations to ensure fair pay.
• Vote: The resolution was passed and adopted.

Resolution 825: Proclaiming April 8–14, 2018, as National Crime Victims Rights Week

• Sponsors: Supervisors Wolfe and Hartman.
• Discussion: The resolution proclaims the week of April 8–14, 2018, as National Crime Victims Rights Week. It affirms the county’s commitment to respecting and enforcing victims’ rights and expresses appreciation to crime survivors and service providers. It highlights the work of the District Attorney’s Victim Witness Assistance Program, which serves over 3,500 victims annually.
• Vote: The resolution was passed and adopted.

Resolution 826: Proclaiming April 2018 as National Poetry Month and Honoring Orchid Academy Students

• Sponsor: Supervisor Adams.
• Discussion: The resolution proclaims April 2018 as National Poetry Month. It congratulates Orchid Academy High School students Josie Allen and Isabella Melsheimer for their achievements in the Poetry Out Loud competition, noting that Allen represented the county in the state competition.
• Public Comment: Josie Allen, a student from Orchid Academy, recited the poem "The Gift" by Yusef Lee Young.
• Vote: The resolution was passed and adopted.

Closed Session

• Discussion: The board adjourned to closed session to discuss existing litigation (Gaviota Coast Conservancy v. Santa Barbara County), anticipated litigation, real property negotiations (parcels in Goleta), and labor negotiations.
• Report: Upon returning, the board reported that there were no reportable actions from the closed session.
• Adjournment: The meeting was adjourned.