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Board of Supervisors — 2018-05-01

Board of Supervisors — 2018-05-01May 1, 2018

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BodyBoard of Supervisors
MeetingRegular Meeting
Date📅 May 1, 2018

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Meeting Summary

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At a glance

Contingent Fee Contract with Law Firm

  • The board approved a contingent fee contract with Barron & Budd for litigation services against Southern California Edison.
  • Public comment was received from Santa Maria regarding the item.
  • The motion to approve the contract carried.

Personal Resolution for Additional Healthcare Center Position

  • Staff proposed hiring one full-time OB/GYN provider to address continuity of care issues caused by part-time subcontractors.
  • Discussion focused on the cost-effectiveness of deprivatization versus adding more part-time contractors.
  • The board voted to approve the additional healthcare center position.

Donations for Montecito Disaster Relief

  • The board considered accepting donations from the Santa Barbara County Animal Care Foundation and the Ellen DeGeneres GoFundMe.
  • Representatives confirmed that funds coded to the general fund will be directed specifically to disaster recovery and animal services.
  • The board accepted the donations for the intended relief efforts.

State Road Maintenance and Rehabilitation Account

  • The board reviewed the list of projects for the state road maintenance and rehabilitation account.
  • Public Works corrected a memorandum to accurately reflect funding sources for specific street repairs.
  • The board requested that similar funding allocation charts be provided to all districts.
  • The motion to approve the project list passed unanimously.

Resolution in Support of Proposition 68

  • The board considered a resolution in support of Proposition 68 sponsored by Supervisors Wolfe and Hartman.
  • Public comment was received from community members regarding the proposition.
  • The item was pulled from the agenda by Supervisor Adams.
No decision 0–0

Ordinance Ending Chapter 50: Commercial Cannabis Business License

  • The board conducted the second reading and adoption of an ordinance ending Chapter 50.
  • The ordinance establishes the framework for commercial cannabis business licenses.
  • The ordinance passed with a vote of 4-1.

Resolution of Commendation: May 2018 Employees of the Month

  • The board honored Vida McIsaac, Heather McCaslin, and Danielle Rifalato from the Clerk Recorder Assessor’s Office.
  • The resolution cited their commitment to excellence, leadership, and contributions to assessment appeals and customer service.
  • The resolution was adopted.

Resolution: National Correctional Officers Week

  • The board proclaimed the week of May 6–12, 2018, as National Correctional Officers Week.
  • The resolution recognized the service and dedication of correctional officers at the Santa Barbara Sheriff’s Office.
  • The resolution was adopted.

Resolution: Mental Health Month

  • The board proclaimed May 2018 as Mental Health Month in Santa Barbara County.
  • The resolution cited statistics on mental illness prevalence and services provided by the Behavioral Wellness Department.
  • The resolution was adopted.

Resolution of Commendation: Retirement of Noel Langel

  • The board honored Noel Langel upon his retirement from the Planning and Development Department.
  • The resolution recognized his over 40 years of service in roles including planner and deputy director.
  • The resolution was adopted.

Waiver of Retirement Exclusion

  • The board held a hearing to consider a waiver of retirement exclusion for Mary Pat Sweeney, a psychiatric nurse.
  • No public comment was received during the hearing.
  • No specific vote outcome was recorded in the transcript segments.

Ordinance Amendment: Behavioral Wellness Charges

  • The board considered an ordinance amendment for Department of Behavioral Wellness published charges for fiscal year 2018-19.
  • The amendment covers inpatient and outpatient mental health services.
  • No public comment was received during the hearing.

Presentation: Watershed Conditions Due to Thomas Fire

  • The BEAR team assessed 161,000 acres of burned lands, identifying risks of erosion, sedimentation, and debris flows.
  • Staff presented on debris flow mechanics and the rapid hazard evaluation process used by CAL FIRE.
  • A pilot project at Gobernador Debris Basin using a notch instead of an outlet pipe performed well during recent events.
  • The board voted to receive and report on the presentation.

Mental Health Services Oversight and Accountability Commission (MHSOAC) Report

  • The MHSOAC presented recommendations to reduce criminal justice involvement for persons with mental illness.
  • Discussion covered the need for crisis services, alternatives to custody, and improved performance metrics.
  • The Sheriff’s Office noted that all sworn staff have completed CIT training and are discussing a pilot co-response program.
  • The board voted to receive the report.

Measure A Five-Year Local Program of Projects

  • Staff presented the annual Measure A Program of Projects with estimated revenues of $3.4 million for North County and $3.7 million for South County.
  • The county faces a deferred maintenance backlog, with the average Pavement Condition Index at 56.
  • 86% of Measure A funding is allocated to operations and corrective maintenance.
  • The board voted to adopt the program of projects and reaffirm distribution formulas.

Cannabis Amendments to Uniform Rules and Right to Farm Ordinance

  • Staff proposed treating cannabis cultivation as an agricultural product for Williamson Act contracts while excluding it from Right-to-Farm protections.
  • Debate centered on the percentage of on-site production required for compatible uses, with arguments for 10% versus 50%.
  • The board voted to exclude cannabis cultivation from Right-to-Farm protections.
  • The board voted to move forward with staff's recommendations for reforming the uniform rules to include cannabis.

Closed Session

  • The board considered existing litigation (Wiffen v. County of Santa Barbara) and anticipated litigation.
  • Staff reported that there were no reportable actions taken during the closed session.

Full summary

Opening and Administrative Items

  • The meeting was called to order with a flag salute. A motion was made and seconded to approve the minutes from April 10, 16, 18, and 20; the motion passed unanimously. The board noted requests to pull agenda items A6, A10, A15, A16, A19, and A25. A motion was made and seconded to proceed with ceremonial items (A35 and A38); the motion passed unanimously. A motion was made and seconded to proceed with the balance of the agenda, excluding items A10, A15, A25, and ceremonial items; the motion passed unanimously.

Agenda Item A6: Contingent Fee Contract with Law Firm

  • The board considered a contingent fee contract with the law firm of Barron & Budd for litigation services in an action against Southern California Edison. Public comment was taken from Santa Maria. Supervisors discussed the item, with specific reference to delays regarding OB/GYN or prenatal services. A motion was made and seconded. The motion carried.

Agenda Item A15: Personal Resolution for Additional Healthcare Center Position

  • The board considered a personal resolution for an additional healthcare center position from the Public Health Department. The item was pulled by Supervisor Adams. Discussion occurred regarding the deprivatization of an OB/GYN position. Staff explained that current subcontractors are part-time and lack continuity of care, leading to delays in prenatal care, and proposed hiring one full-time provider. A supervisor questioned the necessity of deprivatization, suggesting that adding more part-time contractors might be more cost-effective. Staff noted that existing provider panels for OB care are full, causing wait times. A motion was made and seconded. The motion passed with a vote of 3 in favor, 0 opposed, and 2 abstentions.

Agenda Item A16: Donations for Montecito Disaster Relief

  • The board considered recommendations regarding the acceptance of donations from the Santa Barbara County Animal Care Foundation and the Ellen DeGeneres GoFundMe for Montecito Disaster Relief. The item was pulled by the public. Representatives for Ellen DeGeneres thanked the board for accepting the donation, which is intended for disaster recovery and animal services. A board member inquired about the budget journal entry, which listed the funds for "services and supplies and salary and benefits" in the general fund, seeking assurance that the funds would be directed to the intended purposes. The representatives confirmed that while the general fund coding may appear broad, the funds will be allocated to the intended disaster recovery and animal services efforts. No specific motion or vote outcome is explicitly recorded in the transcript segments for this item distinct from the general flow.

Agenda Item A19: State Road Maintenance and Rehabilitation Account

  • The board considered the list of projects for the state road maintenance and rehabilitation account from Public Works. The item was pulled by Supervisor Wolf. A board member discussed a memorandum regarding funding sources for road repairs, noting that certain streets previously listed as funded by SB 1 were actually funded by other sources. Public Works corrected the board letter to reflect accurate funding sources. The board member requested that similar charts be provided to all districts to clarify funding allocations. A motion was made and seconded. The motion passed unanimously.

Agenda Item A25: Resolution in Support of Proposition 68

  • Sponsored by Supervisors Wolfe and Hartman, the board considered a resolution in support of Proposition 68. The item was pulled by Supervisor Adams. Public comment was taken from Sylvia Munoz Schnapp and Ed Kolaski. No specific motion or vote outcome is explicitly recorded in the transcript segments for this item.
No decision 0–0

Agenda Item 810: Ordinance Ending Chapter 50: Commercial Cannabis Business License

  • The board considered the second reading and adoption of an ordinance ending Chapter 50, which establishes a commercial cannabis business license. The vote was 4-1 in favor. The ordinance passed.

Agenda Item 835: Resolution of Commendation: May 2018 Employees of the Month

  • Sponsored by Supervisor Williams, this resolution honored Vida McIsaac, Heather McCaslin, and Danielle Rifalato from the Clerk Recorder Assessor’s Office as the May 2018 Employees of the Month. The resolution cited their commitment to excellence, leadership, and specific contributions to assessment appeals, elections, and customer service. The resolution passed and was adopted.

Agenda Item 836: Resolution: National Correctional Officers Week

  • Sponsored by Supervisor Williams, this resolution proclaimed the week of May 6–12, 2018, as National Correctional Officers Week. It recognized the service and dedication of correctional officers at the Santa Barbara Sheriff’s Office. The resolution passed and was adopted.

Agenda Item 837: Resolution: Mental Health Month

  • Sponsored by Supervisor Williams, this resolution proclaimed May 2018 as Mental Health Month in Santa Barbara County. It cited statistics on mental illness prevalence and the services provided by the Santa Barbara Behavioral Wellness Department. The resolution passed and was adopted.

Agenda Item 838: Resolution of Commendation: Retirement of Noel Langel

  • Sponsored by Supervisor Hartman, this resolution honored Noel Langel upon his retirement from the Planning and Development Department after over 40 years of service. It recognized his roles as a planner, zoning administrator, and deputy director. The resolution passed and was adopted.

Departmental Item 1: Waiver of Retirement Exclusion

  • The board held a hearing to consider recommendations regarding a waiver of retirement exclusion for Mary Pat Sweeney, a psychiatric nurse at the Psychiatric Health Facility of the Behavioral Wellness Department. No public comment was received. No vote outcome was recorded in the transcript segments.

Departmental Item 2: Ordinance Amendment: Behavioral Wellness Charges

  • The board held a hearing to consider recommendations regarding an ordinance amendment for Department of Behavioral Wellness published charges for fiscal year 2018-19 for inpatient and outpatient mental health services. No public comment was received. No vote outcome was recorded in the transcript segments.

Departmental Item 3: Presentation: Watershed Conditions Due to Thomas Fire

  • The board held a hearing to consider recommendations regarding a presentation on watershed conditions due to the Thomas Fire, sponsored by the County Executive Office and Public Works.
  • BEAR Team Assessment: Kevin Cooper, BEAR team leader, presented an assessment of post-wildfire threats following the Thomas Fire. The team assessed 161,000 acres of burned National Forest Service lands. Identified risks include increased erosion, sedimentation in water sources (e.g., Lake Jameson), increased water flow, rockfall, and debris flows. The team produced Soil Burn Severity Maps and Watershed Response plans, identifying high-probability debris flow areas above Montecito. Vegetation recovery is slow, with only 5-10% ground cover observed. Proposed treatments included drainage features and trail closures. The team indicated similar risks exist for the next winter due to slow vegetation recovery and are monitoring noxious weeds and road damage. A final report is expected in the summer.
  • Debris Flow Processes: Jeremy Lancaster, senior engineering geologist with the California Geological Survey, discussed debris flow mechanics, noting the January 9, 2018 event was comparable in magnitude to historic maximum events. He noted that channels were scoured but not completely cleared, and over-steepened banks may fail back into channels. Key uncertainties include the watershed recovery cycle and the likelihood of another major storm occurring before recovery. Post-fire runoff regimes remain unchanged, posing risks to lower-lying areas.
  • Work Team Presentation: Drew Coe, Work Team Lead for CAL FIRE, presented the Work Team’s process for rapid hazard evaluation on private property. The team relied on soil burn severity maps and USGS models. Data for the Santa Barbara area was not available until January 2, 2018, limiting time for field assessments before the January 9 debris flow. The team identified 178 values at risk in Santa Barbara County.
  • Staff Response and Discussion: Staff confirmed that the rapid delivery of initial findings was crucial for response efforts. Regarding the Alamo Fire, staff noted it was outside the flood control district and had minimal debris movement compared to the Thomas Fire. Staff discussed sediment inflow to Lake Cachuma, noting it was minor compared to impacts on Jameson Reservoir. Staff indicated that vegetation regrowth on the north slope of the Whittier Fire is improved due to north-facing aspects and stump sprouting, whereas the south slope remains a concern. The Alamo Fire area is healing faster due to less steep terrain.
  • Debris Basin Management: Staff discussed the challenges of debris basins trapping fine-grained sediment. A pilot project at Gobernador Debris Basin using a notch instead of an outlet pipe performed well during the recent debris flow, allowing sediment to pass while retaining rock. Staff plans to evaluate this technique for other basins and explore grant funding for enhancing Cold Springs, San Ysidro, and Romero basins. Staff emphasized the importance of keeping channels open to allow natural sediment supply to pass through.
  • Future Mitigation: A supervisor questioned the long-term strategy for mitigating future fire risks, suggesting controlled burns. Staff acknowledged the difficulty of implementing large-scale controlled burns due to regulatory and logistical constraints but noted that the Range Improvement Association has struggled to find appropriate windows for burning. Staff stated that the board should consider planning for future fuel reduction efforts.
  • Public Comment: A speaker requested a reconvening of the presentation for the public at 6 p.m.
  • Decision: A motion was made and seconded to receive and report. The motion passed unanimously.

Departmental Item 4: Mental Health Services Oversight and Accountability Commission (MHSOAC) Report

  • The board held a hearing to consider recommendations regarding the MHSOAC report, sponsored by the Sheriff’s Office.
  • Report Presentation: Toby Ewing, Executive Director of the MHSOAC, presented the report "Together We Can: Reducing Criminal Justice Involvement for Persons with Mental Illness." The report identifies the dismantling of state mental health institutions without adequate community-based treatment as a primary policy failure. Recommendations include collaborating to combine resources (e.g., the Stepping Up initiative), providing crisis services and alternatives to custody, and expanding jail-based and community-based restorative services. Ewing detailed the commission’s efforts to support counties in reducing criminal justice involvement, including a request for $5 million in state funding for an innovation incubator, collaboration with the Board of State and Community Corrections, and data matching efforts linking mental health and criminal justice data. Preliminary findings suggest full-service partnerships can reduce criminal justice involvement by approximately half.
  • Discussion: Public commenters and board members discussed the report. A public commenter highlighted data indicating that individuals with lower risk of reoffending may be harmed by excessive supervision and that a high percentage of the local jail population has serious mental illness. The commenter advocated for diversion from arrest and charges, conditional release, and robust access to care. Another speaker from NAMI highlighted positive progress in Assisted Outpatient Treatment (AOT) and Crisis Intervention Team (CIT) programs and advocated for outcome measures such as reductions in incarceration and ER utilization. A supervisor expressed concern about the effectiveness of current mental health programs, noting that high spending does not correlate with reduced law enforcement contacts, and advocated for better performance metrics. Another supervisor praised the dedication of correctional workers.
  • Sheriff’s Office Response: The Sheriff’s Office representative stated that all sworn staff have completed CIT training, and a cadre of officers is undergoing advanced CIT training. The department is in discussions with the Behavioral Wellness Department to implement a pilot co-response program. The Sheriff’s Office noted that Medi-Cal covers off-site medical treatments for inmates but emphasized the need for funded, stable community-based treatment programs and housing options.
  • Medi-Cal Reimbursement: A board member inquired about Medi-Cal reimbursement for mental health services provided to incarcerated individuals. Ewing stated that while there are restrictions on Medi-Cal for incarcerated individuals, the commission is not set up to provide direct reimbursement guidance. Another board member noted that the county currently cannot bill for services provided within the jail, except for limited discharge planning services. A board member suggested that this issue be raised with the state.
  • Access to Care in Custody: Toby Ewing discussed the need to strengthen access to care in custody environments, referencing a proposed $100 million general fund investment by the administration. The goal is to understand how to deploy these funds to support continuity of care for individuals moving between community and jail settings.
  • Decision: A motion was made and seconded to receive the report. The motion passed unanimously.

Departmental Item 5: Measure A Five-Year Local Program of Projects

  • The board held a hearing to consider the adoption of the Measure A five-year local program of projects for fiscal years 2018-19 through 22-23, sponsored by Public Works.
  • Presentation: Brittany Heaton, Budgeting and Programs Manager, presented the annual Measure A Program of Projects. The board is required to adopt a five-year program of projects, certify the maintenance of effort, and reaffirm distribution formulas. Estimated revenues for 2018-19 are $3.4 million for North County and $3.7 million for South County. Revenues are projected to grow by 2% in 2018-19 and 1% in 2019-20, followed by a dip in 2020-21 due to debt service for the Highway 101 widening bond. The current maintenance of effort for Measure A is $1.56 million. North County funds are distributed 100% by lane miles. South County funds are distributed 50% by population and 50% by lane miles.
  • System Condition: The county faces a deferred maintenance backlog that has increased by 10% due to pavement degradation. The average Pavement Condition Index (PCI) is 56. Staff noted that maintaining the current PCI requires $15.8 million in investment, whereas current deferred maintenance investment is $7.2 million. Projections indicate the PCI could drop to 42 by 2025-26 if current funding levels continue.
  • Program Breakdown: 86% of Measure A funding is allocated to operations and corrective maintenance. The remainder is allocated to transit, active transportation (minimum 10% required), pavement preservation, and capital improvements.
  • Road Paving Priorities: Staff presented on road paving priorities, explaining that decisions are based on an algorithm to save money long-term rather than strictly by PCI numbers. Supervisors asked questions about breaking down PCI data by road type.
  • Recommendations: Staff requested the adoption of a resolution to adopt the program of projects, reaffirm the existing distribution formulas, and reaffirm Resolution 10-101, which prioritizes maintenance funding. A follow-up item regarding the road maintenance annual plan is scheduled for May 15.
  • Decision: A motion was made and seconded to move staff recommendations. The motion passed unanimously.

Departmental Item 6: Cannabis Amendments to Uniform Rules and Right to Farm Ordinance

  • The board held a hearing to consider recommendations regarding cannabis amendments to the Santa Barbara County Uniform Rules for Agricultural Preserves and Farmland Security Zones and the Right to Farm Ordinance, sponsored by Planning and Development.
  • Staff Presentation: Staff presented amendments based on board direction from March 20th.
  • Uniform Rules: The amendments treat cannabis cultivation as an agricultural product counting toward minimum cultivation requirements for Williamson Act contracts. Retail and marketing are prohibited. Processing, distribution, and manufacturing of cannabis from offsite sources are considered compatible uses if 10% of the cannabis comes from the agricultural preserve premises.
  • Right to Farm Ordinance: The proposed amendments add a definition for cannabis but explicitly state that cannabis cultivation will not receive the same protections as other agricultural uses. Staff cited reasons including its status as a federally controlled substance, potential adverse effects differing from other crops, unique development standards, and different tax treatment.
  • Discussion:
  • Right-to-Farm: Staff recommended excluding cannabis cultivation from Right-to-Farm protections to allow for nuisance complaints regarding odor.
  • Williamson Act: Discussion centered on whether to exempt cannabis from Williamson Act protections or maintain them. Concerns were raised about creating incentives for landowners to withdraw from the Williamson Act.
  • On-Site Production: Debate occurred regarding the percentage of on-site production required (10% vs. 50%). Arguments were made that lowering the requirement to 10% could lead to increased industrialization and trucking, while higher percentages limit the proliferation of industrial equipment. One board member supported the 10% processing requirement, citing the smaller scale of cannabis processing. Another board member raised concerns about the consistency between the Right to Farm Ordinance amendments and the Uniform Rules, noting that while the Right to Farm amendment excludes cannabis, the Uniform Rules appear to treat cannabis as a compatible use, potentially creating a tax subsidy. This board member requested that the motions be separated for voting.
  • Zoning: Questions were raised about zoning violations for outdoor operations using electricity.
  • Public Comment:
  • Ron Glover, county liaison for the artist collective Lucidity, addressed the board regarding the festival’s safety protocols, stating that the event employs a guardian team, security, and on-site sheriffs, with many officers trained in CIT methods. He reported that the festival has maintained a low incident rate over its six-year history.
  • A staff member clarified that cannabis activity applications require a noise plan demonstrating that activities will not exceed 65 decibels at the property line. Generators are permitted only for emergency backup and must also comply with noise standards.
  • A speaker representing OLAB warned against suing utility companies, citing potential impacts on energy prices and the viability of serving the region.
  • A resident expressed concern about odor nuisances from cannabis greenhouses and requested clear reporting methods and strict enforcement against fugitive odors.
  • A resident from Carpinteria supported limiting cannabis cultivation on Williamson Act parcels and stated that if unlimited cultivation is allowed, cannabis must be categorically excluded from Right-to-Farm protections.
  • A representative from Citizens Planning Association opposed lowering the on-site production requirement to 10%, arguing it creates industrial zones on agricultural properties and supports the 50% requirement.
  • Erin Weber, representing California Strategies and cannabis clients, expressed support for the board’s previous determination that cannabis is agriculture. Weber stated that cannabis cultivation uses similar infrastructure to other agriculture and is often less intensive. Weber noted that the Environmental Impact Report (EIR) found that limiting acreage or activity types could displace existing operations and lead to more impacts from smaller grows. Weber emphasized that the county retains maximum discretion over land use entitlements and business licenses.
  • Paul Ekstrom, a resident of Carpinteria, stated that cannabis odors are extraordinary. He requested that the Right to Farm Ordinance protections for cannabis be removed for a minimum of five years. He cited issues with odor control in his neighborhood and concerns for residents, businesses, and schools regarding the environment and the right to open windows.
  • A speaker supported the amendment excluding cannabis from Right to Farm protections, citing examples from other states where cannabis growers have used similar ordinances to resist local restrictions or claim compensation. The commenter argued that local jurisdictions should clarify that odor, noise, and night lighting are not tolerated and that land use permit requirements must be met.
  • Another public commenter expressed opposition to cannabis cultivation in their area, referencing local disputes and the impact on rural life.
  • Q&A: Supervisor Wolf asked about economic studies regarding Williamson Act benefits for cannabis cultivators. Staff responded that the tax collector/assessor had previously indicated no such studies existed. Staff clarified that one part of the report ensures cannabis does not receive the same status as other agricultural products under the Right to Farm ordinance. Staff noted that a separate cannabis enforcement team will be established.
  • Motions and Votes:
  • A motion was made and seconded to make the required findings for approval of amendments to the Right-to-Farm Ordinance, including CEQA findings, and to determine that cannabis cultivation is excluded from Right-to-Farm protections. The motion passed with a vote of 4 in favor and 1 opposed.
  • A second motion was made and seconded to move forward with staff's recommendations for reforming the uniform rules to include cannabis. The motion passed with a vote of 3 in favor and 2 opposed.

Closed Session

  • The board was notified of two items for closed session: existing litigation (Wiffen v. County of Santa Barbara) and anticipated litigation. Upon returning from closed session, staff reported that the board considered the two litigation matters and that there were no reportable actions.

Adjournment

  • The board adjourned to May 8th in Santa Maria.