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Board of Supervisors — 2019-11-05

Board of Supervisors — 2019-11-05November 5, 2019

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BodyBoard of Supervisors
MeetingRegular Meeting
Date📅 November 5, 2019

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Meeting Summary

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At a glance

Honorary Resolution

  • The board recognized Stacey Janus as the November 2019 Employee of the Month for her leadership in the five-digit dialing conversion and emergency response.
  • The resolution cited her long-term dedication and specific contributions during the Thomas Fire and Flood events.
  • The board unanimously adopted the resolution of commendation.

Monterey Bay Community Power Authority Agreement

  • Staff presented a Joint Exercise of Powers Agreement for the Community Power Authority.
  • Board members discussed liability risks, long-term contract volatility, and the goal of procuring renewable energy without raising rates.
  • The board voted to move the item, with one member expressing skepticism regarding utility bankruptcy risks.

Bulk Administrative Items

  • The board reviewed items including affordable housing on Hollister Avenue, the Koyama Fire Station 41 RFP, mental health rehabilitation funds, and the Santa Monica Debris Basin project.
  • Supervisor Williams inquired about net-zero energy policies and backup power sources for the new fire station.
  • Staff clarified that the mental health facility will initially open with 8 beds but is built for 16.
  • The board unanimously approved the bulk motion for these four items.

Commission for Women Annual Report

  • The Commission Chair presented the annual report, highlighting collaboration with the Veterans Stand Down and advocacy for the California Healthy Youth Act.
  • The report outlined future plans, including a silent march for the centenary of women’s suffrage and the need for new commissioners.
  • The board accepted the annual report.

2019 California Building Standards Codes

  • Staff proposed amendments to Chapter 10 of the County Code, including extending permit expiration to 12 months and local amendments for high fire hazard regions.
  • Supervisor Adam noted potential cost impacts on housing but supported the safety improvements.
  • The board unanimously adopted the recommendations as presented.

2019 California Fire Code

  • The Fire Marshal presented amendments to Chapter 15 to adopt the 2019 California Fire Code, including updates for alternative energy systems.
  • No fee increases were proposed, and the changes ensure consistency with state and federal laws.
  • The board unanimously adopted the staff recommendations.

Lower Mission Creek Property Acquisition

  • The board considered a resolution of necessity to acquire properties at 315 and 325 Chapala Street for the Lower Mission Creek project.
  • Property owners’ attorneys raised concerns regarding business continuity, specific operational needs, and potential claims for loss of goodwill.
  • Staff confirmed the entire parcel is not needed for the project and agreed to explore minimizing impacts to existing businesses.
  • The board unanimously adopted the resolution with an amendment to instruct staff to diligently minimize business impacts.

Excess Cannabis Tax Revenues

  • Staff recommended deferring the allocation of $1.3 million in excess cannabis tax revenue until the next fiscal year’s budget process.
  • Board members debated immediate allocation for specific projects versus conservative budgeting to ensure comprehensive review.
  • The board unanimously directed staff to bring back funding options in April, prioritizing active transportation and other community needs.
No decision 0–0

Cannabis Business License Program

  • The board directed staff to replace the random selection process with a criteria-based scoring and ranking system for retail licenses.
  • Consensus formed to limit licenses to the six community plan areas by deleting the two "wildcard" countywide sites.
  • The board agreed to use a hybrid review model involving a county selection committee and a third-party consultant for technical reviews.
  • Staff were directed to facilitate early community input to define neighborhood compatibility criteria before drafting the ordinance.
No decision 0–0

Closed Session

  • The board convened in closed session to discuss existing litigation regarding prescription opiates and Southern California fire cases.
  • The board also conferred with labor negotiators for the Deputy District Attorney’s Association, Deputy Sheriff’s Association, and Union of American Physicians and Dentists.
  • Staff reported that there were no reportable actions taken during the closed session.

Full summary

Meeting Opening and Administrative Matters

  • Call to Order and Roll Call: Chair Lavagnino called the meeting to order, noting technical difficulties. The Clerk conducted a roll call, confirming all supervisors were present. The board recited the Pledge of Allegiance.
  • Approval of Minutes: A motion to approve the minutes of the October 15th meeting was moved by Supervisor Hartmann and seconded by Chair Lavagnino. The motion passed unanimously.
  • Agenda Management: Chair Lavagnino announced that Item 6 would be heard before Item 5. Item 5 (Retail Cannabis) was scheduled to begin no earlier than 1:00 PM.
  • CEO’s Report: Staff announced a meeting with Southern California Edison regarding the Public Safety Power Shutoff program scheduled for Thursday at the Earl Warren Showgrounds. Staff also announced the launch of the countywide Census 2020 outreach website (santabarbacountysensus.org).
  • Agenda Changes: A motion to continue Administrative Item 32 (Parking restrictions and stop controls in the 1st, 2nd, 3rd, and 4th districts) to the December 10th agenda was moved and seconded. The motion passed.

Honorary Resolution

  • Item A1: Resolution of Commendation for Stacey Janus: The board recognized Stacey Janus, EDP Office Automation Coordinator for the General Services Department, as the November 2019 Employee of the Month. The resolution cited her leadership in the county’s conversion to five-digit dialing, her work during emergencies (Thomas Fire and Flood), and her long-term dedication. Supervisor Lavagnino and Ms. Janus addressed the board. A motion to adopt the resolution was moved and seconded. The motion passed unanimously.

Administrative Agenda Items

  • Item A11: Monterey Bay Community Power Authority Joint Exercise of Powers Agreement:
  • Public Comment: Andy Caldwell (COLAB) spoke in opposition, citing risks related to utility bankruptcy, liability, and high costs.
  • Board Discussion: Supervisor Adam expressed skepticism regarding liability and the risk of long-term contracts in a volatile market. Supervisor Hart defended Community Choice Aggregation (CCA) as a viable option for renewable energy and local control, noting that utility infrastructure deficits were due to private sector decisions. Supervisor Williams stated the goal is to procure a mix of contracts to hedge bets and increase renewable energy without raising rates above utility levels.
  • Motion and Vote: A motion to move Item A11 was moved by Supervisor Hartmann and seconded by Chair Lavagnino. The motion passed 4 to 1.
  • Items A12, A29, A31, and A35 (Bulk Motion):
  • Item A12 (Exclusive Right to Negotiate for Purchase of County-Owned Property, Hollister Avenue): Supervisor Hart highlighted the project as the beginning of a process for affordable supportive housing for individuals experiencing homelessness. She noted that outreach to neighbors has begun and invited community input.
  • Item A29 (Request for Proposals for New Koyama Fire Station 41): Supervisor Williams inquired about net-zero energy policies and backup power sources, expressing a preference for solar/battery backup over diesel generators due to air quality concerns. Staff confirmed the station will be zero-net energy but noted backup energy needs were not yet determined.
  • Item A31 (Approval of Public Safety Realignment Funds for Mental Health Rehabilitation Center): Supervisor Hart highlighted the critical need for a facility to provide step-down services for individuals in the criminal justice system. Dr. Gleghorn clarified that the facility will be built for 16 beds but initially staffed and opened with 8 beds, with the potential to scale up as funding allows.
  • Item A35 (Santa Monica Debris Basin Operational Improvement Project): Chair Lavagnino highlighted the federal funding secured through staff efforts and relationships with the Natural Resources Conservation Service. Tom Fairam introduced Doug Tays, who assisted with the project. Supervisor Williams thanked the board and staff for their work on the Randall Road debris basin workshop.
  • Motion and Vote: A motion to move Items A12, A29, A31, and A35 was moved by Supervisor Williams and seconded by Supervisor Hartmann. The motion passed unanimously.

General Public Comment

  • Ed Kolaski spoke regarding a five-and-a-half-year delay in obtaining a remodel permit, alleging issues with staff handling and communication. He stated that the system was broken and requested that the board address the situation.

Departmental Agenda Items

  • Item D1: Commission for Women Annual Report: Yvette Peralta, Chair of the Commission for Women, presented the annual report. Highlights included collaboration with the Veterans Stand Down, the Santa Barbara Women’s Summit, Women’s History Month events, and advocacy for the California Healthy Youth Act and CEDAW. The commission also discussed future plans, including a silent march for the centenary of women’s suffrage and the need for three new commissioners. Supervisors Hartmann, Hart, Williams, and Lavagnino thanked the commission for their work. The board accepted the report. A 15-minute break was taken to address technical difficulties.
  • Item D2: Adoption of 2019 California Building Standards Codes and Local Amendments: Staff presented proposed amendments to Chapter 10 of the Santa Barbara County Code, including administrative changes (e.g., extending permit expiration to 12 months) and local amendments for high fire hazard and high wind regions. Kathleen Rosenthal spoke in support of the ordinance. Supervisor Adam noted potential cost impacts on housing but supported the safety improvements. A motion to adopt the recommendations as presented was moved by Supervisor Adam and seconded by Supervisor Hartmann. The motion passed unanimously.
  • Item D3: Adoption of 2019 California Fire Code: Fire Marshal Robbie Hazard presented amendments to Chapter 15 of the County Code to adopt the 2019 California Fire Code. Changes included updates for alternative energy systems (solar, wind, battery) and consistency with state/federal laws. No fee increases were proposed. Kathleen Rosenthal spoke in support, specifically highlighting Section 4809.4 regarding clear road shoulders for animal evacuation. A motion to adopt staff recommendations was moved by Supervisor Adam and seconded by Supervisor Hartmann. The motion passed unanimously.
  • Item D4: Resolution of Necessity for Acquisition of Property (Lower Mission Creek Project):
  • Context: The board considered a resolution of necessity to acquire fee interests in properties at 315 Chapala Street (owned by Reginald E. Drew Jr.) and 325 Chapala Street (owned by N. Scott Vincent Irrevocable Trust) for the Lower Mission Creek Reaches 2B Phase Two and Three project. A four-fifths vote is required.
  • Discussion: Supervisor Hart noted previous unsuccessful attempts to reach an amicable resolution with the property owners. Supervisor Williams noted a personal acquaintance with Scott Vincent. Tom Fairam presented a site map explaining that the acquisition is critical to connect downstream improvements and complete the project. County Counsel confirmed the hearing addresses necessity, compatibility, property necessity, written offers, and CEQA. Two letters from Todd Amspoker (representing the property owners) were placed into the record.
  • Public Hearing: Todd Amspoker, attorney for the property owners, addressed the Board. Regarding the Vincent property, he stated that the tenant, Photothermal Spectroscopy Corporation, requires specific accommodations to maintain its clean, vibration-free assembly environment and access to a rear roll-up door for shipping and receiving. He requested that staff continue discussions to ensure the business can operate uninterrupted during construction and to avoid potential claims for loss of rent and business goodwill. Regarding the Drew property, he stated that the Santa Barbara Trolley Company requires the property for bus storage, repair, and employee parking in close proximity to its headquarters. He indicated that the property would be unusable during construction and insufficient for the fleet after construction. He stated that his clients had provided a written offer to resolve the situation and warned of potential seven-figure claims for severance and loss of business goodwill if not resolved amicably.
  • Board Discussion: Supervisor Williams asked staff if impacts to the Vincent property could be minimized through staging and timing, and inquired about potential interest from the City Housing Authority in the remainder of the parcel if only the flood control portion is acquired. Staff responded that they are working to accommodate most or all of the Vincent property requirements, that the entire parcel is not needed for the project, and that no discussions regarding housing have occurred yet. Staff agreed to look into contacting the City Housing Authority. Supervisor Williams emphasized the project’s flood control benefits, citing the 1995 flood. Staff confirmed the project aims to reduce, not eliminate, flood hazards.
  • Motion and Vote: Supervisor Williams moved to adopt the resolution of necessity, with an amendment to instruct staff to continue working diligently to minimize impacts to existing businesses. Supervisor Hartman seconded the motion. The motion passed unanimously.

Spending Priorities for Excess Cannabis Tax Revenues

  • Staff Presentation: Mr. Preple presented the disposition of $1.3 million in excess cannabis tax revenue from the previous fiscal year (actuals of $6.7 million vs. estimated $5.4 million). Staff recommended deferring allocation until the next fiscal year’s budget process. Staff noted that per Board policy, 18% ($234,000) must be set aside for deferred maintenance. Staff listed five potential one-time uses: handheld THC analyzers for the Sheriff and Ag Commissioner, park projects, electric vehicle charging infrastructure installation, active transportation projects, and facility maintenance. Staff noted that ongoing uses were not recommended as they would reduce future budget flexibility.
  • Board Discussion: Supervisor Williams argued for budgeting closer to actual revenue trends to ensure community benefits are realized, citing needs in his district for active transportation, parks, and electric vehicle infrastructure. Supervisor Hartman and Supervisor Adam expressed preference for conservative budgeting and allocating funds during the regular budget process to allow for comprehensive review. Supervisor Lavagnino noted that other jurisdictions often face revenue shortfalls, supporting conservative estimates, but acknowledged the need for public benefit from cannabis revenues. Supervisor Adam emphasized the priority of enforcement, stating that resources should be directed toward controlling illegal operations before other expenditures.
  • Public Comment:
  • Joe Armendariz (Santa Barbara County Taxpayers Association) suggested leveraging oil and gas revenues for alternative energy infrastructure, similar to Norway and New Mexico.
  • Nancy Emerson (WeWatch) supported the recommendation to decide allocation during the annual budget process, prioritizing regulatory needs, and suggested approving only the $54,000 for THC analyzers at this time.
  • Bruce Porter (Santa Ynez resident) urged spending on mitigating marijuana-related harms, such as school resource officers and food insecurity in Isla Vista.
  • Andy Caldwell (CoLab) opposed creating a "slush fund," supported the THC analyzers, and argued that all spending should be evaluated equally during the disciplined budget process.
  • Motion and Vote:
  • Supervisor Williams moved to allocate funds immediately: $54,000 for THC analyzers, $66,000 for human services grants, $100,000 for parks, $100,000 for electric vehicle charging, $200,000 for active transportation, and the full 18% for infrastructure/maintenance, leaving approximately $500,000 unallocated. Supervisor Hartman seconded the motion. The motion failed.
  • Supervisor Hart moved to direct staff to bring back options in April highlighting funding priorities, including active transportation projects. Supervisor Williams seconded the motion. The motion passed unanimously.
  • Supervisor Lavagnino moved to receive and file the item, noting it is not a CEQA matter. Supervisor Williams seconded the motion. The motion passed unanimously.
No decision 0–0

Closed Session

  • The Board entered closed session to consider three matters:
  • 1. Existing litigation: In Re National Prescription Opiate Litigation. 2. Existing litigation: Southern California Fire Cases. 3. Conference with labor negotiators concerning the Deputy District Attorney’s Association, Santa Barbara County Deputy Sheriff’s Association, and Union of American Physicians and Dentists.
  • Upon reconvening, staff reported that there were no reportable actions from the closed session.

Cannabis Business License Program and Ordinance Changes (Item 5)

  • Staff Presentation and Options: Staff presented four areas for potential amendments to the current cannabis storefront retail regulations, which currently utilize a random selection process for pre-qualified applicants. The proposed amendment areas were:
  • 1. Selection Process: Replacing random selection with a criteria-based application and site review process. Options included a three-step scoring/ranking process where the top scorer receives right of first refusal, or a hybrid model where applicants meeting a minimum score threshold (e.g., 80%) enter a random selection pool. 2. Roles in Review: Defining who reviews applications. Options included a board delegate, a county selection committee, a third-party contractor, or a combination of these. 3. Application Content: Requiring submissions of business operations proposals (experience, compliance, financials, security) and/or neighborhood compatibility proposals (community education, engagement, design). 4. Format and Guidelines: Establishing specific application formats, page limits, and submission periods to ensure uniformity and manageability.
  • Staff noted that land use permitting under Chapter 35 remains separate from the business licensing process. The selected applicant would have 90 days to submit a land use application, and concurrent processing of permits and licenses is permitted.
  • Board Discussion:
  • Selection Method: Board members expressed concern that random selection may not yield the best results or prioritize community-focused applicants. There was general consensus to move toward a criteria-based selection process. Supervisor Lavagnino raised concerns about potential manipulation of the process and the incentive for non-selected applicants to oppose the chosen candidate. Staff clarified that the land use permit process includes public hearings and appeal possibilities.
  • Community Input: Supervisor Hartmann emphasized the need for community input to define local priorities, noting that different communities (e.g., Los Alamos vs. Isla Vista) have different needs. Supervisor Williams highlighted the importance of community benefit, specifically citing food security and convenience as key priorities in their district. Supervisor Adams expressed concern about setting a precedent for requiring community meetings for other commercial projects (e.g., grocery stores), arguing that the limited number of cannabis licenses creates a unique "windfall" situation.
  • Local Preference and Equity: Supervisor Hartmann inquired about local ownership preferences. Staff and legal counsel noted that as a market regulator, the Board faces legal constraints on local preferences but could consider compliance records in Santa Barbara County as a criterion. Supervisor Hart proposed lowering the employee threshold for labor peace agreements from the state standard of 20 to 15 employees, citing the smaller scale of local operations.
  • Third-Party vs. Internal Review: Supervisor Lavagnino questioned staffing capacity for internal review. Staff recommended a hybrid approach: a county selection committee to handle neighborhood compatibility and qualitative aspects, assisted by a third-party consultant for technical/financial pro forma reviews, as the county lacks specific expertise in that area.
  • Geographic Scope: Supervisor Hart and Supervisor Williams discussed the two "wildcard" countywide sites outside of community plan areas (e.g., Vandenberg Village, Kiyama, Casamalia). Supervisor Hart cited strong community opposition in Vandenberg Village. Supervisor Lavagnino suggested retaining the option for Kiyama due to traffic patterns and proximity to Kern County, while Supervisor Williams indicated a preference to limit licenses to the six community plan areas to reduce complexity.
  • Public Comment:
  • Linda Tunnell (Santa Barbara Coalition for Responsible Cannabis) expressed support for the coalition’s recommendations.
  • Megan Souza (Megan’s Organic Market) recommended removing randomness from the evaluation process to select the most qualified operators. Suggested criteria that benefit applicants with community benefit histories, compliant local experience, and those disadvantaged by historical cannabis criminalization (e.g., income, race). Recommended using a third-party consulting firm for scoring, citing smoother processes in San Luis Obispo compared to Morro Bay.
  • Jay Freeman (Isla Vista) argued that the current process creates local monopolies similar to private utilities without adequate oversight. Highlighted concerns about the young demographic in Isla Vista and the risk of predatory marketing. Supported merit-based processes and requested that criteria include employee equity, local product sourcing, and detailed consumer/community education plans. Noted that local community input was delayed by the timing of the board meeting.
  • Devin Wardlow (Coastal Dispensary) recommended a strictly merit-based process to ensure fair competition between local and multi-state operators. Suggested an internal selection committee comprised of county staff, noting that third-party firms have not reduced liability in other jurisdictions. Proposed site visits for top applicants and a local component (e.g., residency or local operation history) in the application criteria.
  • Ben Condren (Licensing/Compliance Professional) advised against using outside third-party consulting firms, citing issues in other cities (San Bernardino, Modesto, Pasadena, San Luis Obispo). Argued that the county should control the vetting process to manage liability and ensure the selection of suitable business partners.
  • Board Direction and Consensus:
  • Selection Process: Consensus formed to amend the code to create a three-step criteria-based selection process that scores and ranks applicants. The top-ranked applicant would be eligible for the permit.
  • Geographic Scope: General consensus to delete the two "wildcard" countywide sites, limiting licenses to the six community plan areas.
  • Review Roles: Consensus to use a hybrid model: a county selection committee to review neighborhood compatibility and qualitative components, with a third-party consultant assisting with objective technical/financial reviews.
  • Application Content: Consensus to require both business operations proposals and neighborhood compatibility proposals. Additional criteria discussed included parking evaluation, staffing plans, workforce equity, local product sourcing, and public health education.
  • Labor Standards: Discussion on incorporating labor peace agreement requirements, potentially with a lower employee threshold (15) than the state standard (20), and requiring reporting on the status of union negotiations at license renewal.
  • Format: Consensus to adopt specific application format guidelines, including page limits, submission periods, and standardized components.
  • Community Input: The Board directed staff to facilitate early community input to define neighborhood compatibility criteria and benefits, ensuring these are incorporated into the objective scoring criteria.
  • Next Steps and Motion:
  • Staff indicated they would work with the County Counsel’s office to provide a legal opinion on the proposed criteria (particularly regarding local preference and equity) and to draft ordinance language reflecting the Board’s directions. The Board expressed a desire to move toward a first reading of the ordinance, contingent on finalizing the specific criteria and legal language.
  • Timeline Discussion: The board discussed the timeline for returning to the committee with legislative language and draft scoring sheets. Staff proposed a first reading on December 17th. A board member requested a delay to allow for additional analysis, suggesting a date further out. The chair proposed the first week of January, coinciding with the first meeting of the new year, to allow for the transition to the new chair.
  • Motion and Vote: Supervisor Hartman moved to accept the staff recommendations. Supervisor Hart seconded the motion. The motion passed unanimously.
No decision 0–0

Adjournment

  • The meeting was adjourned, with the next meeting scheduled for Tuesday, November 19th, in Santa Maria.