Meeting Summary
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At a glance
CEO Report
- The county is hosting virtual community meetings regarding cannabis retail storefronts, with upcoming sessions scheduled for the Toro Canyon/Summerland and Orcutt areas.
- Applications are being accepted for the 11-person Citizens Independent Redistricting Commission, with a deadline of August 21, 2020.
- The commission will adjust supervisory district boundaries once federal census data is received in mid-2021.
Administrative Agenda
- Public comment was received requesting immediate posting of materials for the cannabis ordinance amendments hearing to allow sufficient review time.
- Staff explained that the delay in posting materials was due to the rapid timeline required before the board’s break.
- The board approved the administrative agenda.
COVID-19 Update
- Countywide cases increased by 49% over the previous 14 days, with significant increases noted in Santa Maria and Santa Barbara.
- Hospital capacity metrics showed 33% of medical/surgical beds and 49% of ICU beds available, while PPE availability prompted a request for state supplies.
- The county remains in Stage Three, with approximately 3,533 businesses having self-certified for reopening.
- Staff clarified that valve masks are not effective and explained the differences between PCR and serology tests in response to public inquiries.
2030 Climate Action Plan
- Staff recommended using 2007 as the baseline year and selecting Rincon Consultants to assist in developing the new plan.
- The project is expected to take approximately two years, with adoption likely in 2022, including regional coordination and community engagement.
- The board authorized the use of approximately $618,000 in existing funds to execute the consultant contract and support staff.
- The board approved staff recommendations to receive the update, authorize the agreement with Rincon, and determine the project is not subject to CEQA.
FY 2020-2021 Special Tax Levy for Community Facilities Districts
- The Orchid CFD levy would increase by 2.9% per the original resolution, while the Providence Landing CFD levy would remain unchanged.
- Staff explained that the CFD was established in 2002 to mitigate the impact of development on the general fund.
- The board approved the staff recommendation for the special tax levies.
FY 2020-2021 Library Special Tax Rate Adjustment
- The Library Measure L special tax rate for County Service Area 3 (Greater Goleta) would increase by 3.1%.
- This adjustment results in total assessments of approximately $210,000, a $7,000 increase from the prior year.
- The board approved the staff recommendation for the rate adjustment.
Appeal of Planning Commission Denial (Carpinteria Valley Farms Heliport)
- The board considered an appeal of the denial of a conditional use permit for a helicopter landing zone on an existing 10-acre grass field.
- Staff recommended denying the appeal based on noise impacts, habitat protection, and adverse effects on recreational facilities.
- The applicant argued for approval citing emergency utility and community support, while public comment largely opposed the project due to noise and environmental concerns.
- The board voted to deny the appeal, make the required findings for denial, and direct staff to review statutory authority for fines as a deterrent.
Closed Session
- The board considered existing litigation, labor negotiations, and a public employee performance evaluation.
- County Counsel reported that there were no reportable actions from the closed session.
Full summary
Meeting Start and Roll Call
- The July 7, 2020, meeting of the Santa Barbara County Board of Supervisors was called to order. The clerk called the roll, and all members were present. The board recited the Pledge of Allegiance.
Approval of Minutes (June 16, 2020)
- A motion was made and seconded to approve the minutes of the June 16, 2020, meeting. The motion passed unanimously.
CEO Report
- CEO Miyasato provided updates on two initiatives: 1. Cannabis Retail Storefronts: The county is hosting six virtual community meetings regarding cannabis retail storefronts. Two meetings were held the previous week, with videos posted to the county website. Two additional meetings are scheduled for the current week for the Toro Canyon/Summerland and Orcutt community plan areas. Information and submission methods for questions are available at cannabis.countyofsb.org. 2. Citizens Independent Redistricting Commission: Applications are being accepted for the 11-person commission established by Measure G. The commission will adjust supervisory district boundaries once federal census data is received in mid-2021. The application deadline is 5:00 p.m. on Friday, August 21, 2020. Qualifications and the application are available at countyofsb.org/redistricting.
Announcements
- The clerk announced that the board chambers remain closed to the public. Public comment may be submitted by phone by calling 805-568-2240. Participants must provide their name, phone number, and the agenda item on which they wish to speak. The clerk requested that participants mute their devices when not speaking.
Approval of Administrative Agenda
- The board considered the administrative agenda. Public comment was received regarding Administrative Item No. 41 (a set hearing for cannabis ordinance amendments scheduled for July 14, 2020), requesting that board materials be posted immediately to allow sufficient time for public review. A motion was made and seconded to approve the administrative agenda. The motion passed unanimously. Following the vote, staff explained that the delay in posting materials was due to the rapid timeline to prepare them before the board’s break.
General Public Comment
- The clerk reported that there were no requests to speak on items not on the agenda.
Departmental Item No. 1: COVID-19 Update
- Dr. DeRanosa presented a briefing on countywide COVID-19 data and the status of the monitoring project with the California Department of Public Health (CDPH). Key points included:
- Case Trends: Total cases increased by 49% over the previous 14 days (from 2,446 on June 22 to 3,655 on July 6). Significant increases were noted in Santa Maria and Santa Barbara.
- Hospital Capacity: As of the previous day, 69 patients were hospitalized. CDPH metrics indicated 33% of medical/surgical beds, 49% of ICU beds, and 84% of ventilators were available. PPE availability was at 60% for one hospital, prompting a request for additional supplies from the state.
- Transmission and Tracing: The weekly community positivity rate was 8.3%. The county has been on the CDPH monitoring status list for 21 days. Contact tracing teams are actively tracing 315 cases and 53 contacts. The average time to complete investigation and tracing is 2.4 days. 57% of cases are attributed to person-to-person transmission, and 42% to community acquisition.
- Outreach and Enforcement: The Public Health Department is working with various partners for outreach, mental health support, and testing. Health and Safety Code 101029 allows the sheriff and peace officers to enforce local health officer orders. Environmental Health Services is providing guidance and education to businesses.
- Discussion included questions regarding subdividing contact tracing data to identify specific transmission locations, the feasibility of mandating agricultural employers to notify workers in multiple languages about sick leave rights, and concerns about dense housing situations for farm workers and students. Staff provided an update on business reopening guidelines, noting that state mandates recently closed indoor operations for several sectors, including dine-in restaurants and wineries, unless serving food as a meal. The county remains in Stage Three, with approximately 3,533 businesses having self-certified.
- Public comment was received from six individuals regarding concerns about personal health care businesses reopening during a surge, regulation of the agricultural industry and H-2A worker housing, outreach to young adults, the use of valve masks, the financial burden of rapid mandate changes on small businesses, and the accuracy of different COVID-19 tests. Staff and board members responded by directing the public to the "Report a Potential Violation" button on the recoverySBC.org website, clarifying that valve masks are not effective, and explaining the differences between PCR and serology tests.
- A motion was made and seconded to receive the item. The motion passed unanimously.
Departmental Item No. 2: 2030 Climate Action Plan
- Staff introduced the new Climate Program Manager, who presented an overview of the county’s previous sustainability actions and the proposed scope for the 2030 Climate Action Plan (CAP). Key points included:
- Baseline Year: Staff recommended using 2007 as the baseline year due to data availability, aligning with state guidelines and previous county plans.
- Consultant Selection: Staff recommended selecting Rincon Consultants as the consultant to assist in developing the next CAP. Rincon’s proposal was the lowest at not to exceed $542,000 (including contingency).
- Scope and Timeline: The plan development is expected to take approximately two years, with adoption likely in 2022. The scope includes regional coordination, community engagement, CEQA compliance, and a "One Climate" initiative to streamline outreach.
- Funding: Staff requested authorization to use approximately $618,000 in existing funds to execute the consultant contract and support staff.
- Public comment was received from five individuals, expressing support for the funding but concern over the timeline, presenting the MIT En-ROADS simulator, discussing renewable natural gas and energy efficiency, opposing the plan based on skepticism of climate models and concerns about agricultural impacts, and supporting the plan with suggestions regarding transportation and regenerative agriculture. Board members discussed the urgency of implementation, the role of state-level mandates, and the compatibility of carbon-fixing practices with agricultural productivity.
- A motion was made and seconded to approve staff recommendations A through D: receive and file the update, authorize the chair to execute the agreement with Rincon Consultants, authorize the Director of Community Services to execute a 5% contingency, and determine the project is not subject to CEQA. The motion passed 4-1.
Departmental Item No. 3: FY 2020-2021 Special Tax Levy for Community Facilities Districts (Orchid and Providence Landing)
- Staff presented the proposed special tax levies for the Orchid and Providence Landing Community Facilities Districts (CFDs). The Orchid CFD levy would increase by 2.9% (Los Angeles CPI) per the original resolution. The Providence Landing CFD levy would remain unchanged at $672 per parcel due to a balanced budget and adequate fund balance. Board members questioned the traceability of the special benefit to specific parcels and the origin of the district. Staff explained that the CFD was established in 2002 to mitigate the impact of development on the general fund and cited specific examples of cost allocation.
- A motion was made and seconded to approve the staff recommendation. The motion passed 3-1, with one abstention.
Departmental Item No. 4: FY 2020-2021 Library Special Tax Rate Adjustment (CSA 3 Greater Goleta)
- Staff presented the proposed adjustment to the Library Measure L special tax rate for County Service Area 3 (Greater Goleta). The rate would increase by 3.1% (Los Angeles CPI), resulting in total assessments of approximately $210,000, a $7,000 increase from the prior year.
- A motion was made and seconded to approve the staff recommendation. The motion passed unanimously.
Closed Session
- The board recessed to closed session to consider three matters: existing litigation (Espaillat v. Gill), conference with labor negotiators, and public employee performance evaluation for County Counsel. Upon reconvening, County Counsel reported that there were no reportable actions from the closed session.
Departmental Item No. 5: Appeal of Planning Commission Denial (Carpinteria Valley Farms Heliport, Case No. 19 APL 29)
- The Clerk noted the receipt of numerous public comments and documents after the deadline. A motion was made and seconded to add all late letters to the record. This motion passed unanimously. The Clerk noted one additional PowerPoint presentation received on July 6. A special motion was made and seconded to add this specific document to the record. This motion passed unanimously. Board members disclosed ex parte communications regarding the appeal.
- Staff presented the applicant’s appeal of the Planning Commission’s denial of a conditional use permit for a helicopter landing zone (helistop) at 2800 Villarreal Lane. The proposed project involves one landing zone on an existing 10-acre grass field, used for personal use (maximum two landings/takeoffs per week) and emergency services. The Planning Commission denied the project on November 7, 2019, finding it inconsistent with community plan policies regarding noise impacts, protection of monarch butterfly habitat, and adverse impacts on recreational facilities and trails. Staff recommended that the Board deny the appeal, make the required findings for denial, and deny the associated Coastal Development Permits.
- The applicant presented his case for approval, emphasizing the property’s utility for emergency responders, community support, and the minimization of impact on residential areas through specific flight plans. He argued that the FAA regulates flight paths and that the county can enforce the frequency limit through the permit conditions.
- Thirteen members of the public spoke, with the majority opposing the project. Arguments included noise and compatibility with the residential character, environmental impact on monarch butterfly habitat, precedent and enforcement concerns, and safety issues. One speaker from the Sheriff’s Office spoke in support of the project, citing the applicant’s history of cooperation with public safety agencies. The applicant’s attorney argued that the staff report supported the permit and that the property is zoned for agricultural use.
- Staff clarified that while the county cannot control flight paths in the air, it can enforce the number of landings on the ground. Staff confirmed that the helicopter hangar on the property is permitted as an agricultural storage structure.
- Board discussion included questions about the jurisdiction of the county and Coastal Commission over helicopter operations, the feasibility of denying the permit given the applicant’s compliance with the process, and the enforceability of fines for violations. One board member expressed skepticism about the county's jurisdiction over flight conduct, while another indicated support for denying the permit and upholding the Planning Commission’s findings due to concerns about enforceability and cumulative impacts.
- A motion was made to uphold the Planning Commission’s lack of findings and deny the application. The motion was seconded. The motion was subsequently amended to include all four of staff’s recommendations: deny the appeal, make the required findings for denial, apply the CEQA exemption, and deny the project de novo. Additionally, the motion included a fifth point directing staff to return with information on whether the statutory authority for fines as a deterrent has been maximized. The motion to deny the application and direct staff to review fine deterrents passed. The vote was 3 to 2.
Adjournment
- The meeting was adjourned, with the next session scheduled for Tuesday, July 14, 2020.