Meeting Summary
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At a glance
Agenda Amendments and Announcements
- Administrative Item A10 was withdrawn, while Departmental Item 2 and Departmental Item 4 were continued to the May 5, 2020, agenda.
- Administrative Items A3 and A5 were amended, and Administrative Item A19 regarding the Scolari Ranch dedication was added to the agenda.
- Alternative methods for public participation via email and phone were announced for the remainder of the meeting.
Approval of Administrative Agenda
- Staff explained that senior housing preferences were removed from the West Cox Apartments project due to HUD restrictions and fair housing regulations.
- Comments noted that the proposed paid leave policy is favorable compared to private sector standards.
- The board approved the balance of the administrative agenda with the specified changes.
Departmental Item 1: COVID-19 Update
- The Sheriff’s Department reported 96 positive inmate cases and one death at the Lompoc Federal Penitentiary, with a mobile hospital under construction.
- Public Health reported 416 total confirmed county cases, noting that 61% of interviewed community cases were Hispanic.
- Staff presented a plan to develop a strategic phased reopening in compliance with state guidance and engage the REACH coalition.
- County Counsel clarified that Governor’s orders have the force of law and local authority is subordinate to state emergency powers.
Agenda Item: COVID-19 Reopening Plan and Letter to the Governor
- Staff highlighted structural equity issues affecting communities of color and immigrant communities regarding access to preventive care and remote work.
- The board discussed distinguishing between essential businesses and those safe to reopen, with opposition raised against waiving Transient Occupancy Taxes.
- The board approved a draft letter to the Governor and state legislators regarding economic impacts and the need for state aid.
Departmental Item 2: EMS Agency Fees
- The Public Health Department requested to continue the ordinance increasing EMT and paramedic fees to the May 5, 2020, agenda.
- The board approved the motion to continue the item to the next scheduled meeting.
Departmental Item 4: Santa Rita Valley Ag Inc. Cannabis Cultivation Appeal
- The applicant initially requested withdrawal but subsequently rescinded that request to proceed with the appeal.
- The Planning and Development Department requested that the item be continued to the May 5, 2020, agenda.
- The board approved the motion to continue the item to the next scheduled meeting.
Departmental Item 3: Santa Barbara West Coast Farms LLC Cannabis Cultivation Appeal
- The applicant presented a 46-acre outdoor cultivation project, arguing compliance with zoning, setbacks, and odor abatement regulations.
- Public comment was divided, with opponents citing agricultural incompatibility and environmental impacts, while supporters cited tax revenue and rule compliance.
- The board reversed the Planning Commission’s denial and approved the revised project as described in the staff report.
Failed 0–1
Administrative Item 19: Scolari Ranch Dedication
- The board considered recommendations regarding the acceptance of an offer to dedicate a 958-acre portion of the Scolari Ranch to the county.
- The board approved the motion to accept the dedication.
Closed Session
- The board considered existing litigation involving the Casablanca Beach Estate Owners Association and the California Coastal Commission.
- The board conferred with labor negotiators for the County Deputy Sheriff’s Association, Firefighters Local 2046, Sheriff’s Managers Association, and SEIU Locals 620 and 721.
- The board conferred with real property negotiators concerning potential conservation easements related to the Straus Wind Energy Project.
Full summary
Meeting Call to Order and Roll Call
- The April 21, 2020, meeting of the Santa Barbara County Board of Supervisors was called to order. The roll was called, and all members were present. The Pledge of Allegiance was recited.
Approval of Minutes
- Item: Approval of the minutes from the April 7, 2020, meeting and the April 13, 2020, budget workshops.
- Discussion: No discussion was recorded.
- Motion: A motion to approve was made and seconded.
- Decision: The motion passed unanimously.
Agenda Amendments and Announcements
- The Clerk announced several changes to the agenda:
- Administrative Item A10 (Human Resources) was withdrawn.
- Departmental Item 2 (Public Health) was continued to the May 5, 2020, agenda.
- Administrative Item A3 (Behavioral Wellness) and Administrative Item A5 (Clerk/Recorder/Assessor) were amended.
- Administrative Item A19 (Planning and Development) was added to the agenda, involving the acceptance of an offer to dedicate a 958-acre portion of the Scolari Ranch to the county. This item was trailed until after Closed Session Agenda Item A19.
- Departmental Item 4 (Planning and Development) was withdrawn, with a request to continue the item to the May 5, 2020, agenda.
- Alternative methods for public participation (email and phone) were announced.
Approval of Administrative Agenda
- Item: Approval of the balance of the administrative agenda, incorporating the announced amendments.
- Discussion:
- Regarding Item A8 (Community Services - West Cox Apartments), concerns were raised regarding the removal of senior housing preferences. Staff explained that the preference was removed due to HUD restrictions on mixed-use projects and fair housing regulations, noting the funds were specifically for homeless housing.
- Regarding Item A11 (Human Resources - Paid Leave), comments were made noting the policy was favorable compared to the private sector.
- Clarification was made regarding Item A17 that no request was made to pull the item.
- Motion: A motion was made and seconded to approve the balance of the administrative agenda with the specified changes.
- Decision: The motion passed unanimously.
General Public Comment
- Public comment was received via phone. The speaker argued that neighboring counties were lifting orders and cited examples to suggest that quarantining healthy people was ineffective. The speaker referenced statements regarding natural virus decline and testing data validity, arguing that the Governor’s order lacked a clear end date and urging the Board to ask the Governor to rescind the order.
Departmental Item 1: COVID-19 Update
- Item: Hearing to consider recommendations regarding a Coronavirus Disease 2019 (COVID-19) update.
- Presentations and Discussion:
- Lompoc Federal Penitentiary Update: The Sheriff’s Department reported 96 positive inmate cases and 29 positive staff cases, with one inmate death. The construction of a mobile hospital on prison grounds was described, with Phase 1 under construction and Phase 2 in planning. Strict quarantine and lockdown protocols were noted.
- County Case Data: Public Health reported 416 total confirmed cases, with 96 linked to the Lompoc prison and 72 in the community. Demographic data indicated 61% of interviewed community cases were Hispanic and 31% White. Recovery and hospitalization statistics were provided. Testing limitations due to shortages were discussed.
- Board Discussion: Questions were raised regarding the validity of cumulative case graphs, per capita testing comparisons, and the separation of prison cases from community trends. Staff explained that prison staff live in the community, making separation difficult, and attributed lower case numbers to physical distancing.
- Reopening Plan and Economic Impact: A plan to develop a strategic phased reopening plan in compliance with state guidance was presented. The county intended to engage REACH (a coalition of business and civic leaders) to assist in developing the plan. County Counsel explained that Governor’s orders have the force of law and local authority is subordinate to state emergency powers. Concerns regarding economic impacts were raised, and a draft letter to the Governor regarding economic impacts and the need for state aid was presented.
- Specific Questions: Questions were asked about the definition of "essential businesses," the utility of negative tests for clearing individuals for work, and benchmarks for reopening. Staff indicated that a consistent decrease in cases and hospitalizations over a 14-day period was the benchmark used by other jurisdictions.
- Decision: No formal motion or vote was recorded for this item; it was an informational hearing.
Agenda Item: COVID-19 Reopening Plan and Letter to the Governor
- Discussion:
- Inquiries were made regarding regional consistency with neighboring counties. Staff stated the county is seeking consistency and reviewing requests for various sectors.
- Structural equity issues were highlighted, noting that communities of color and immigrant communities have historically had less access to preventive care and jobs allowing for social distancing.
- Public comment was received from individuals requesting the reopening of the economy, criticizing Public Health data on exposure rates, urging quick action on reopening, and expressing concern over the timeline for developing a plan.
- Staff clarified that the county is using the same model as San Luis Obispo County and that the Governor rejected a similar request from San Luis Obispo County as premature.
- Concerns were raised regarding the status of the Lompoc Federal Prison, including requests for a whistleblower hotline and voluntary testing. Staff responded that test kits had been provided.
- Proposals were made to distinguish between essential businesses and those safe to reopen, and to waive Transient Occupancy Taxes (TOT) for hotels, motels, and short-term rentals until the end of June. Opposition to the TOT waiver was expressed, arguing that collecting taxes upfront prevents the county from making interest-free loans.
- Motion: A motion was made and seconded to approve the draft letter and transmit it to the Governor and state legislators.
- Decision: The motion passed unanimously.
Departmental Item 2: EMS Agency Fees
- Item: Ordinance increasing fees for EMT certification, recertification, and paramedic accreditation.
- Discussion: The Public Health Department requested to continue the item to the May 5, 2020, agenda. No requests for public comment on the continuance were received.
- Motion: A motion was made and seconded to continue the item to the May 5, 2020, agenda.
- Decision: The motion passed unanimously.
Departmental Item 4: Santa Rita Valley Ag Inc. Cannabis Cultivation Appeal
- Item: Appeal of a cannabis cultivation permit.
- Discussion: The applicant initially requested withdrawal but subsequently requested to rescind that withdrawal and proceed. The Planning and Development Department requested that the item be continued to the May 5, 2020, agenda.
- Public comment on the continuance was received from a representative for the applicant, who supported the reinstatement and continuance, and a representative for an appellant, who opposed the project and requested denial at the rescheduled hearing.
- Motion: A motion was made and seconded to continue the item to May 5, 2020.
- Decision: The motion passed unanimously.
Departmental Item 3: Santa Barbara West Coast Farms LLC Cannabis Cultivation Appeal
- Item: Appeal of the Planning Commission’s denial of the West Coast Cannabis Cultivation Project (Case No. 19-APL36).
- Procedural: Additional documents received after the deadline were accepted into the record by unanimous motion.
- Staff Presentation: The project involves approximately 46 acres of outdoor cultivation, 4 acres of nursery area, and two processing structures on a 73-acre parcel zoned Ag 2. The Planning Commission denied the project in December 2019, finding it inconsistent with the Comprehensive Plan and San Ynez Valley Community Plan regarding aesthetics, agricultural resources, and odor.
- The applicant raised issues regarding aesthetics, agricultural resources, odor, consistency/cumulative impacts, and economic impact.
- Staff recommended either denying the appeal or upholding the appeal and approving the project subject to conditions.
- Applicant Presentation: Representatives stated the project followed all rules, including border landscaping, buffers, and odor abatement. They cited economic benefits and argued approval should be based on facts and science. Technical details on the odor abatement plan and visual impact were presented.
- Board Questions: Clarification was sought regarding the presence of "hoops" (greenhouse structures), which staff confirmed were not proposed. Questions were asked about setback distances and the number of proposed acres of cannabis cultivation on the Highway 246 corridor.
- Public Comment: Numerous comments were received via letter and phone.
- Opposition: Speakers urged the Board to uphold the Planning Commission’s denial. Arguments included agricultural incompatibility (pesticide drift, terpene contamination), environmental and visual impacts (scenic views, industrial corridor), odor abatement concerns (validity of data, ineffectiveness of systems), legal and regulatory issues (Williamson Act, CEQA), and cumulative impact on the wine industry.
- Support: Speakers argued for tax revenue benefits, compliance with rules, and fairness to the applicant. Technical rebuttals regarding the odor abatement system were provided.
- Applicant Rebuttal and Staff Clarification: The applicant’s representatives addressed public comments, stating the project complies with the Community Plan, has no hoop houses, and presented lab analysis indicating no terpene impact. Staff clarified that there are approximately 261 acres of proposed cannabis cultivation along Highway 246, and that the Programmatic EIR accounted for cumulative impacts.
- Board Deliberation:
- Arguments for denial were made, citing inconsistency with general plan policies protecting agriculture and risks to the wine industry.
- Arguments for approval were made, stating the project complies with zoning and setback regulations, and that cannabis cultivation is a reliable source of county revenue.
- Concerns were expressed regarding the adequacy of the PEIR regarding odor and drift impacts.
- Policy signals sent by either approving or denying the project were discussed, with suggestions that reducing project size might be a viable compromise.
- It was noted that the board has limited discretion in a Land Use Permit hearing compared to a Conditional Use Permit process.
- Motion and Vote:
- A motion was made and seconded to affirm the Planning Commission’s denial, deny the appeal, and deny the de novo revised project. The motion failed.
- A motion was made and seconded to reverse the Planning Commission’s denial and approve the revised project as described in the staff report. The motion passed.
Failed 0–1
Closed Session
- The board recessed to closed session to consider: 1. Existing litigation: Casablanca Beach Estate Owners Association v. County of Santa Barbara and California Coastal Commission. 2. Conference with labor negotiators regarding the County Deputy Sheriff’s Association, County Firefighters Local 2046, County Sheriff’s Managers Association, and Service Employees International Union Locals 620 and 721. 3. Conference with real property negotiators concerning potential conservation easements over properties near the intersection of San Miguelito Road and Sudden Road, involving the Straus Wind Energy Project.
Administrative Item 19: Scolari Ranch Dedication
- Item: Recommendations regarding the county’s acceptance of an offer to dedicate a 958-acre portion of the Scolari Ranch to the county.
- Discussion: No public comment was received.
- Motion: A motion was made and seconded to accept the dedication.
- Decision: The motion passed.
Adjournment and Memorial Remarks
- The board adjourned the meeting in memory of Mickey Flax, who passed away the previous night. Remarks were made honoring her contributions to social justice, housing advocacy, and community leadership. The meeting was adjourned by consensus.