Board of Supervisors — 2019-10-08

Announcements

• An addendum was posted to amend the Agricultural Commissioner item to include a hearing on industrial hemp recommendations.
• A request was received to delete a specific recommendation from the sublease administrative item.

CEO’s Report

• The CEO announced a public informational meeting regarding Public Safety Power Shutoffs scheduled for October 14.
• The Public Health Department will return to the board in coming months to request actions on e-cigarettes and vaping.
• Planning and Development staff introduced 24 new hires and promotions, including a new Deputy Director for Development Review.

Resolution Proclaiming World Homeless Day

• The board approved a resolution designating October 10, 2019, as World Homeless Day in Santa Barbara County.
• Community speakers highlighted upcoming events, including a film screening, to encourage local involvement.
• The resolution passed unanimously following public comment.

Amendment to Board of Supervisors Compensation Ordinance

• Staff presented a first reading of an ordinance proposing a 3% salary increase tied to CPI and adjusted pension and health insurance contributions.
• The proposal also includes a $7 increase in the automobile allowance to align with other elected officials.
• The board approved the ordinance following public comment opposing the salary increase.

Industrial Hemp Presentation

• Agricultural staff presented the legal status, market interest, and regulatory timeline for industrial hemp cultivation in the county.
• The board discussed land use authority, noting that local restrictions are pending the enactment of Senate Bill 153 and USDA regulations.
• Public commenters advocated for a "get out of the way" approach and emphasized compatibility with other agricultural crops.
• The board received the item into file and adopted staff recommendations unanimously.

2020 Census Complete Count Outreach Update

• Staff outlined challenges for the 2020 Census, including online enumeration barriers and community fears regarding data privacy.
• The board discussed the importance of building trust in hard-to-count populations and coordinating advance notice for canvassing activities.
• The board directed the CEO to review options for hiring a bilingual communications resource to assist with outreach.

Closed Session

• The board directed county counsel to file a writ petition challenging specific unfavorable findings in the behavioral wellness medical audit.
• No reportable action was taken regarding the Southern California Fire Cases judicial council proceeding.

Meeting Opening and Roll Call

• The meeting was called to order by Chair Wilson. A roll call was taken, confirming all members were present, and the Pledge of Allegiance was recited.

Approval of Minutes

• Motion: To approve the minutes of October 1st.
• Action: Moved by Supervisor Hartman and seconded.
• Outcome: Passed unanimously.

Announcements

• The Clerk announced two agenda changes: 1. An addendum was posted amending Departmental Item 2 (Agricultural Commissioner) to include a hearing to consider recommendations regarding an industrial hemp presentation and added Recommendation B. 2. A request was received from General Services to delete Recommendation B from Administrative Item A6 (sublease with the State of California’s Employment Development Department).

CEO’s Report

• The CEO provided three announcements: 1. Public Safety Power Shutoffs (PSPS): Noted a large PSPS event in Northern California and invited the public to an informational meeting scheduled for October 14th at the Santa Maria Government Center. 2. Vaping/E-cigarettes: Noted that the Public Health Department will return to the board in the coming months to request actions regarding e-cigarettes and vaping. 3. Planning and Development (P&D) Staffing: Introduced new staff and promotions within the P&D department. Director Plowman and Assistant Director Jeff Wilson introduced 24 new hires and promotions across North and South County offices, including a new Deputy Director for Development Review.

Administrative Agenda (Items A1–A3)

• Motion: To approve items A1 through A3.
• Action: Moved and seconded.
• Outcome: Passed unanimously.

Item A1: Resolution Proclaiming World Homeless Day

• Discussion: The resolution, sponsored by Supervisors Williams and Lavinino, proclaims October 10, 2019, as World Homeless Day in Santa Barbara County. It cites local statistics on homelessness and encourages community involvement. Speakers Sylvia Bernard (Good Samaritan Shelter/Continuum of Care) and Kimberly Albers thanked the board and highlighted upcoming events, including a film screening.
• Public Comment: Emily Allen (United Way) invited the public to a film screening on October 10th.
• Motion: To move the balance of the administrative agenda (including A1).
• Action: Moved by Supervisor Peterson and seconded.
• Outcome: Passed unanimously.

General Public Comment

• Two speakers addressed the board: 1. Ed Kalaski: Expressed frustration regarding a previous project review by the Board of Architectural Review, alleging procedural issues and lack of communication. He called for the removal of the Board’s chairman. 2. Lil Clary: Representing residents of Tepescaya Canyon, thanked County Fire and emergency services for their rapid response to a recent fire in the canyon, noting that the response prevented a larger disaster.

Departmental Agenda

Item D1: Amendment to Board of Supervisors Compensation Ordinance

• Discussion: Human Resources presented a first reading of an ordinance to amend County Ordinance 5061. The proposed changes include:
• 1. A 3% salary increase for board members, tied to the Consumer Price Index (CPI). 2. A second year of pension cost sharing (up to 0.85%) for members in classic and legacy health plans. 3. A 2.5% increase in the county contribution for health insurance, matching the increase for all county employees. 4. A $7 increase in the automobile allowance to align with other elected officials. Supervisor Hartman asked for clarification on the CPI figure (4.1%) versus the proposed 3% increase; staff confirmed the board directive set a maximum of 3%.
• Public Comment: Ed Kalaski spoke in opposition to the salary increase, citing dissatisfaction with board performance and suggesting a pay cut instead.
• Motion: To approve the ordinance.
• Action: Moved by Supervisor Hart and seconded.
• Outcome: Passed 4 to 1.

Item D2: Industrial Hemp Presentation

• Discussion: Agricultural Commissioner Kathy Fisher and Deputy Commissioner Lottie Martin presented on industrial hemp. Key points included:
• Definition: Industrial hemp is Cannabis sativa with no more than 0.3% THC.
• Legal Status: Legalized federally by the 2018 Farm Bill. California’s Industrial Hemp Farm Act (2017) allows cultivation by registered growers.
• Current Status in Santa Barbara County: Only research cultivation by institutions of higher education is currently permitted. There are 10 cultivators working with a local community college on 21 sites in Northern Santa Barbara County.
• Market: 77 interested parties for commercial cultivation, primarily in Northern and Central County.
• Challenges: Lack of manufacturing infrastructure in California; cross-pollination concerns with nearby cannabis; odor (less pungent than cannabis); and potential for confusion with illegal cannabis.
• Regulatory Timeline: USDA regulations are expected by fall 2019. California Department of Food and Agriculture (CDFA) plans to submit a state plan to USDA by May 2020.
• Local Authority: Senate Bill 153 (pending governor’s signature) would allow local jurisdictions to impose additional restrictions beyond state/federal requirements.
• Fees: The Agriculture Department plans to present a new fee schedule by the end of the calendar year to cover enforcement costs.
• Q&A:
• Supervisor Hart asked about inquiries from growers, profit margins, and potential conflicts with traditional agriculture. Staff noted interest in Northern/Central County, lack of local manufacturing, and no current tensions with traditional growers.
• Supervisor Hartman asked about CBD products, pesticide regulations, odor, and enforcement difficulties. Staff clarified that CBD products are not currently approved for human consumption by the FDA, hemp has less pungent odor, and enforcement will rely on testing for THC levels.
• Chair Wilson asked about land use restrictions and the timeline for local authority. Staff indicated that local restrictions are not currently authorized until SB 153 takes effect and USDA approves the state plan.
• Further Discussion: The Board discussed the status of industrial hemp cultivation, noting that current growers are operating under research exemptions. Staff explained that under proposed state legislation (SB 153), these research exemptions would be eliminated upon the law’s effective date in January, requiring growers to transition to a commercial licensing framework. Staff clarified that there is currently no mandatory THC testing for research hemp, but complaints trigger regulatory testing by a state lab in Sacramento.
• Legal and Land Use: Legal counsel indicated that while the county may be preempted from prohibiting hemp cultivation entirely, it retains limited land use authority similar to other crops, such as potential zoning restrictions or setbacks, though the county has historically avoided crop-specific distinctions. The Board discussed the uncertainty surrounding federal USDA regulations, which have not yet been finalized, and the timeline for state plan approval.
• Public Comment:
• Andy Caldwell (CoLab) advocated for a "get out of the way" approach, emphasizing "truth in zoning" and suggesting the formation of a task force to explore vertical integration and job creation.
• Claire Weinman (Grower Shipper Association) emphasized the need for compatibility between hemp and other agricultural crops, liability protection for good agricultural practices, and caution against setting precedents for undue restrictions.
• Board Views: Supervisors expressed varying views on regulation. Some emphasized the need to avoid treating hemp differently from other agricultural products to prevent creating regulatory burdens that could be applied to other crops later. Others raised concerns about potential circumvention of existing cannabis regulations, odor issues, and the need for strategic rule-making to maintain a well-regulated environment. The Board noted the rapid evolution of the hemp market and the potential for genetic changes in the crop as legality expands.
• Motion: To receive the item into file and adopt the staff recommendations.
• Action: Moved by Supervisor Adam and seconded by Supervisor Hartman.
• Outcome: Passed unanimously.

2020 Census Complete Count Outreach Update

• Discussion: The County Executive Office presented an update on planning for the 2020 Census, scheduled for April 1, 2020. Staff highlighted challenges including the shift to online enumeration, which may exclude those without broadband access, and persistent community fears regarding data privacy and immigration status, despite the Supreme Court’s decision to remove the citizenship question. Staff noted that undercounting results in significant loss of federal funding (estimated at $2,000 per person per year for ten years) and affects congressional and state representation.
• Target Populations: Staff identified "hard-to-count" populations, including racial and ethnic minorities, young children, non-citizens, renters, and those in overcrowded housing. Specific high-risk areas in Santa Barbara County were identified, including downtown Santa Maria, Lompoc, Isla Vista, and the lower west side of Santa Barbara. The County has established a 92-member Complete Count Committee with subcommittees focused on marketing and outreach to specific demographics.
• Board Discussion: The Board discussed the importance of building trust, particularly in communities wary of government interaction. Supervisor Hart raised concerns about deceptive practices or intimidation by individuals claiming to be census workers, noting an incident in her neighborhood. Staff confirmed that the individuals were legitimate Census Bureau employees validating addresses and engaging in public outreach, and agreed to coordinate better on advance notice of canvassing activities.
• Proposals: Supervisor Hart proposed that the County hire a bilingual communications resource to assist with the census and emergency communications. Supervisor Wilson supported the need for grassroots engagement through trusted community leaders. Staff outlined the outreach timeline, including the launch of a bilingual county website on October 15, coordination with state advertising starting in November, and the use of telephone and in-person enumeration as fallback methods.
• Motion: To adopt the staff recommendations, including the staff direction for the CEO to review options for a bilingual communications resource and report back.
• Action: Moved by Supervisor Hartman and seconded by Supervisor Adams.
• Outcome: Passed unanimously.

Closed Session Matters

• The Board entered closed session to consider two matters: anticipated litigation and existing litigation.
• 1. Civil Litigation – Behavioral Wellness Medical Audit (FY 07-08): The board considered initiating civil litigation regarding unfavorable findings in the behavioral wellness medical audit for fiscal year 07-08. The board directed county counsel to file a writ petition to challenge those specific portions of the audit. This action followed a previous favorable ruling by an Administrative Law Judge in June 2019 on most issues, with the writ petition addressing remaining issues.
• Outcome: The motion was passed by unanimous vote.
• 2. Southern California Fire Cases (Judicial Council Proceeding 4965): The board considered existing litigation concerning this proceeding, in which the Board serves as both the County Board of Supervisors and the Board of Directors for the County Flood Control and Water Conservation District.
• Outcome: No reportable action was taken on this matter.

Adjournment

• The meeting was adjourned, with the next meeting scheduled for October 15 in Santa Barbara.