Board of Supervisors — 2020-10-06

CEO Report and Fire Prevention Week

• Fire Chief Hartwig highlighted kitchen fire safety and the continued need for wildfire vigilance until the first rain.
• Kelly Hubbard from ReadySBC.org encouraged residents to register for emergency alerts on the ReadySBC website.
• The board discussed upstaffing strategies during fire weather events and the attribution of local fires to careless acts.

Agenda Changes and Withdrawals

• Item A15 was revised to correctly identify the Santa Barbara County Flood Control and Water Conservation District in a legal services agreement.
• Item A17 regarding a revenue agreement with the Beach Erosion Authority was withdrawn at staff request.
• Departmental Item D2 regarding a temporary construction easement for Lower Mission Creek was withdrawn from the agenda.

Supervisor Announcement

• Supervisor Williams announced the passing of Nicholas Harrow, a 23-year-old HVAC technician and son of county employees.
• The board offered condolences to the family following the announcement.

Indigenous People’s Day Resolution

• The board considered a resolution to proclaim the second Monday of October 2020 as Indigenous People’s Day.
• Kenneth Kahn, Chairman of the Santa Ynez Band of Chumash Indians, spoke in support of recognizing Chumash history and contributions.
• The item was previously pulled from the consent calendar to allow for public discussion.

Crestwood Behavioral Health Service Agreement

• The board reviewed a service agreement for the Champion Healing Center Mental Health Rehabilitation Center for fiscal years 2020 through 2024.
• Supervisor Lavagnino noted the significance of bringing inpatient mental health beds to the county to avoid sending patients elsewhere.
• Dr. Gleghorn stated the facility allows clients to receive treatment closer to their families and local resources.

TerraCount Grant

• The board considered recommendations regarding the California Department of Conservation Local and Regional Planning Grant Program.
• Supervisor Adams expressed concern that developing an integrated natural and working lands component for the Climate Action Plan might be detrimental to landowners.
• The board voted to approve the item despite the expressed concerns.

Fire Vehicle Donation

• The board considered accepting a non-cash vehicle donation valued at $57,000 from the Santa Barbara Firefighters Alliance.
• Susan Petrovich explained the truck is intended to haul a remote command center trailer purchased by the Alliance.
• The Alliance provides equipment and confidential counseling services to firefighters and their families.

Buellton Senior Center Lease

• The board considered a 25-year lease agreement for the Buellton Senior Center.
• Supervisor Hartman noted that the lease enables the center to raise funds for planning and renovation.
• The item was previously pulled from the consent calendar for discussion.

COVID-19 Update

• Dr. DeRinosa presented data showing 9,319 cumulative cases, 122 active cases, and 115 total deaths as of the meeting date.
• The presentation covered the "Blueprint for a Safer Economy" and the new "Health Equity Metric" used to assess tier eligibility.
• The county remains in the "Red" (Substantial) tier, with specific criteria required to move to the "Orange" (Moderate) tier.
• Dr. DeRinosa agreed to adjust future data visualizations to better display trends in hospitalizations and deaths.

Latinx and Indigenous Migrant COVID-19 Response Task Force Update

• The task force reported on distributing over 20,000 face coverings and 1,300 prevention kits to small farms.
• The presentation highlighted the task force’s focus on social determinants of health, such as high-density housing and language barriers.
• Board members expressed appreciation for the cross-sectoral collaboration and the model’s replication in other counties.
• The board unanimously accepted the report on the task force’s activities.

Santa Barbara County Coalition for Responsible Cannabis Appeal

• The board reviewed an appeal regarding the Castle Rock Family Farms 2 LLC Cannabis Cultivation Land Use Permit.
• Staff recommended denying the appeal and granting de novo approval, citing the Program EIR's adequacy and agricultural consistency.
• The appellant argued that odor impacts on adjacent wine tasting rooms required project-level CEQA review.
• The board approved the project as revised, limiting it to three annual harvesting periods.
• Staff was directed to provide an informational analysis on how the 51% acreage threshold affects cannabis cultivation concentration in the Santa Ynez Valley.

Board of Supervisors Compensation and Benefits

• Human Resources presented an ordinance to amend Board member compensation, including a 3% salary increase tied to CPI.
• The proposal included adjustments to chair allowances, pension cost sharing, health insurance contributions, and a decrease in the automobile allowance.
• Supervisor Adams opposed the raise, citing deferred maintenance and unfunded pension liabilities.
• The board voted to adopt the staff recommendation for compensation adjustments.

Closed Session

• The board recessed to confer with legal counsel regarding existing litigation and anticipated civil liability exposure.
• No reportable actions were taken during the closed session.

Meeting Call to Order and Roll Call

• The October 6, 2020 meeting of the Santa Barbara County Board of Supervisors was called to order. A roll call was taken, confirming all members were present. The board pledged allegiance to the flag.

Approval of Minutes

• The board considered the approval of the minutes from the September 22 and September 29 special meetings. A motion was made and seconded. The motion passed unanimously.

CEO Report and Fire Prevention Week

• The CEO presented a report noting that the week was National Fire Prevention Week. Fire Chief Hartwig spoke regarding the national campaign focus on kitchen fire safety, noting that unattended cooking is the leading cause of fire-related injuries and deaths. He also emphasized the continued need for wildfire vigilance until the first rain, citing recent local fires caused by careless acts such as target shooting and brush clearing. Kelly Hubbard from ReadySBC.org encouraged residents to register or update their contact information on the ReadySBC website for emergency alerts.
• Supervisor Laird asked about upstaffing during fire weather events. Chief Hartwig explained that the department utilizes state funding to upstaff in state responsibility areas and positions resources strategically, including personnel from various local fire departments. Supervisor Hartman thanked the firefighters and discussed the importance of public education regarding fire causes, mentioning a new ordinance for right-of-way clearance. Supervisor Adams commented on the attribution of fires to target shooting, suggesting that dropped cigarette ash might be a more common cause based on personal experience.

Announcements and Agenda Changes

• The Clerk announced the alternative method for public comment via phone. The following agenda changes were noted:
• Administrative Item A15: A revision to Recommendation A was made to replace "County of Santa Barbara" with "Santa Barbara County Flood Control and Water Conservation District" regarding an agreement for professional legal services with Rutten & Tucker, LLP.
• Administrative Item A17: Staff requested the withdrawal of this item regarding a revenue agreement for legal services with the Beach Erosion Authority.
• Departmental Item D2: Staff requested the withdrawal of this item regarding a resolution of necessity for a temporary construction easement for Lower Mission Creek.

Supervisor Announcement

• Supervisor Williams made a personal announcement regarding the passing of Nicholas Harrow, a 23-year-old HVAC technician and son of two long-time county employees, who died in a vehicle accident. The board offered condolences to the family.

Administrative Agenda Items

• Item A1: Indigenous People’s Day Resolution
• The board considered a resolution sponsored by Supervisor Williams to proclaim the second Monday of October 2020 as Indigenous People’s Day. Kenneth Kahn, Chairman of the Santa Ynez Band of Chumash Indians, spoke in support of the recognition, highlighting the history and contributions of Chumash people. Supervisor Williams thanked Chairman Kahn for the opportunity to commemorate the day. This item was previously pulled from the consent calendar for discussion.
• Item A9: Crestwood Behavioral Health Service Agreement
• The board considered a service agreement with Crestwood Behavioral Health Inc. for the Champion Healing Center Mental Health Rehabilitation Center for fiscal years 2020 through 2024. Supervisor Lavagnino highlighted the significance of bringing inpatient mental health beds to the county, noting that patients previously had to be sent to other counties. He thanked the CEO, General Services, and County Counsel for their work in facilitating the agreement. Dr. Gleghorn stated that the facility would allow clients to receive treatment closer to their families and local resources. Supervisor Williams noted that this issue had been a discussion point for 20 years. This item was previously pulled from the consent calendar for discussion.
• Item A11: TerraCount Grant
• The board considered recommendations regarding the California Department of Conservation Local and Regional Planning Grant Program (TerraCount). Supervisor Adams expressed concern regarding a summary point about developing an integrated natural and working lands component to the county’s 2030 Climate Action Plan, stating he believed it was unnecessary and potentially detrimental to landowners. A motion was made and seconded to approve the item. The motion passed with a vote of 3-1-1 (one abstention).
• Item A21: Fire Vehicle Donation
• The board considered the acceptance of a non-cash vehicle donation valued at $57,000 from the Santa Barbara Firefighters Alliance to the Santa Barbara County Fire Department. Susan Petrovich, President of the Alliance, explained that the truck is intended to haul a remote command center trailer purchased by the Alliance. She noted that the Alliance provides equipment and confidential counseling services to firefighters and their families. Supervisor Williams thanked the Alliance for their contribution. This item was previously pulled from the consent calendar for discussion.
• Item A22: Buellton Senior Center Lease
• The board considered a 25-year lease agreement for the Buellton Senior Center. Supervisor Hartman thanked the Fire Department and General Services for facilitating the agreement, noting that the lease enables the center to raise funds for planning and renovation. This item was previously pulled from the consent calendar for discussion.

Consent Calendar / Balance of Administrative Agenda

• A motion was made and seconded to approve the balance of the administrative agenda, including the revised Recommendation A for Item A15 and the withdrawal of Item A17. The motion passed unanimously.

General Public Comment

• There were no requests for general public comment on matters not on the agenda.

Withdrawal of Departmental Item D2

• A motion was made and seconded to withdraw Departmental Item D2 (Resolution of Necessity for Temporary Construction Easement for Lower Mission Creek) from the agenda. The motion passed unanimously.

Departmental Item D1: COVID-19 Update

• Dr. DeRinosa presented a COVID-19 update. Key data points included:
• Cumulative cases: 9,319
• Cumulative recovered: 9,082
• Active cases: 122
• Currently hospitalized: 23
• Total deaths: 115 (death rate 1.2%)
• Dr. DeRinosa noted decreases in cases in most areas but upticks in North County (Santa Maria, unincorporated North County) and the Montecito/Carpinteria area. Supervisor Laird provided context regarding small sample sizes in South County unincorporated areas leading to statistical fluctuations.
• Supervisor Adams discussed the hospitalization and death charts presented. He requested that the cumulative death line be removed from the weekly death graph to better visualize trends and suggested adjusting the scale to 20 to make peaks and valleys more pronounced. Dr. DeRinosa agreed to remove the cumulative line and adjust the scale for future presentations.
• The presentation covered the "Blueprint for a Safer Economy," including recent Health Officer Order amendments allowing outdoor playgrounds, higher education indoor capacity at 25% or 100 people, and specific rules for bars, breweries, and wineries serving meals. Dr. DeRinosa introduced the new "Health Equity Metric," which aims to reduce disparities in transmission among disadvantaged communities. This metric will be used to assess eligibility for moving to less restrictive tiers. The county’s current status is in the "Red" (Substantial) tier. To move to the "Orange" (Moderate) tier, the county must meet specific case rate and test positivity criteria, including a health equity metric threshold for the bottom quartile of the Healthy Places Index.
• Supervisor Adams asked questions regarding testing protocols and the correlation between testing positivity and case counts. Dr. DeRinosa explained that early in the pandemic, testing was limited to symptomatic individuals, whereas current testing includes both symptomatic and asymptomatic individuals based on community demand and specific settings (e.g., hospitals, schools). Supervisor Adams clarified his understanding that the shift in testing populations affected the data trends.
• Dr. DeRinosa detailed the Health Equity Metric requirements, noting that counties must submit a targeted investment plan for CDC funding by October 13. She explained that while the metric does not force a county back to a more restrictive tier, it can impact the ability to move to a less restrictive tier. The presentation concluded with an introduction to the Latinx and Indigenous Migrant COVID-19 Response Task Force, with Dr. Melissa Smith scheduled to present on their work.

Agenda Item: Latinx and Indigenous Migrant COVID-19 Response Task Force Update

• Presentation: A representative from UC Santa Barbara and the Interim Coordinator of the Latinx and Indigenous Migrant COVID-19 Response Task Force presented an update on the task force’s activities. The presentation highlighted the task force’s 93 cross-sectoral partners and its focus on addressing social determinants of health, such as high-density housing and language barriers, which disproportionately impact Latinx and Indigenous migrant communities. Key accomplishments included the distribution of 20,095 face coverings and 1,300 prevention kits to 21 small farms, the creation of mental health safety plans, and the development of multilingual educational resources. The coordinator noted that the task force model has been replicated in Ventura County and is emerging in San Luis Obispo County. Future plans include expanding collaboration to include Black, Pan-Asian, LGBTQ, and other communities and planning town hall dialogues with sector leaders.
• Board Discussion: Board members expressed appreciation for the task force’s leadership and collaboration. One supervisor noted that the task force serves as a model for state-mandated outreach to disadvantaged communities. Another supervisor emphasized the importance of raising the health status of the most vulnerable populations to improve overall county outcomes. A third supervisor asked specific questions regarding media outreach channels and identified housing density as a solvable causal factor for health disparities, urging political will to address housing issues.
• Public Comment:
• A City of Santa Maria councilwoman commented on the high number of COVID-19 cases in her community and expressed appreciation for the task force’s cross-sectoral partnership and the dialogue between public health and community organizations.
• The Language Justice Associate for the task force reported on a recent survey indicating that 42.9% of task force members participate primarily to connect and collaborate with partners, rather than solely to receive public health updates. She noted the importance of shared spaces for collaboration and the upcoming incorporation of Indigenous languages into the task force’s work.
• Motion and Vote:
• A motion was made and seconded to accept the report.
• Outcome: The motion passed unanimously.

Departmental Item No. 3 – Santa Barbara County Coalition for Responsible Cannabis Appeal (Castle Rock Family Farms 2 LLC)

• Ex Parte Communications: Board members disclosed ex parte communications, including site visits, phone calls, and Zoom meetings with project representatives, operators, and counsel.
• Staff Presentation: Planning and Development staff presented the appeal of the Planning Commission’s approval of the Castle Rock Family Farms 2 LLC Cannabis Cultivation Land Use Permit (Case No. 20 APL 19). The project is located on a 277-acre legal lot in the AG-2100 zone, part of the larger Williams Ranch. The proposal involves 22.95 acres of cannabis cultivation under hoop structures, no on-site processing, and the use of five existing structures. Staff outlined eight appeal issues raised by the appellant, primarily concerning CEQA adequacy, odor impacts on adjacent wine tasting rooms, and consistency with the Agricultural Element. Staff responded that the Program EIR (PEIR) was adequate, that post-PEIR legal changes did not constitute substantial changes requiring new review, and that the project constitutes a crop change consistent with agricultural goals. Staff recommended denying the appeal and granting de novo approval of the project.
• Appellant Presentation: The Santa Barbara County Coalition for Responsible Cannabis argued that the project’s odor impacts on adjacent wine tasting rooms constitute a substantial change in circumstances requiring project-level CEQA review. The appellant cited three post-PEIR legal changes: the exclusion of cannabis from Right to Farm protections, the removal of APAC compatibility review from Uniform Rules, and state Williamson Act amendments. The appellant argued that odor mitigation is now feasible and necessary to protect the viability of the wine industry, proposing a condition of "no detectable odors in tasting rooms."
• Applicant Presentation: The applicant’s agent presented the project as a simple crop change on a long-standing agricultural property, emphasizing that the site is isolated, screened by landscaping, and located over 2,000 feet from the nearest tasting room. The applicant cited expert testimony that cannabis odors are virtually undetectable at 200 feet and noted the elimination of on-site processing. The applicant’s principal stated that the project is fully compliant with county policies and requested the denial of the appeal and approval of the project.
• Discussion and Revisions:
• The Board discussed the number of harvest cycles permitted for the project. Staff and the applicant clarified that the project description originally listed four harvests per year, but the applicant intended three. Staff identified this as a scrivener’s error and agreed to revise the project description to limit the project to three annual harvesting and planting periods. The revised language specifies that each harvest will last approximately two weeks, not to exceed one month, with operating hours proposed between 6 AM and 8 PM, including weekends. Staff removed specific dates for harvests to avoid enforcement difficulties.
• The Board discussed odor impacts, noting that the applicant’s agent stated odor is primarily present during harvest periods. Several Board members expressed concern regarding cumulative odor impacts in the Santa Ynez Valley, particularly near the Santa Rita Hills and Highway 246. Supervisor Adam suggested a condition that the project not become a nuisance to residential or commercial uses within a two-mile radius. Staff and County Counsel noted that enforcing such a condition would be difficult because it is challenging to identify the specific source of odor in the area. Supervisor Hartman requested an analysis of the effectiveness of the 51% acreage threshold (which triggers a Conditional Use Permit) in limiting concentration of cannabis cultivation in the valley.
• Closed Session:
• The Board recessed to closed session to confer with legal counsel regarding existing litigation (Kirsch et al. v. County of Santa Barbara) and anticipated litigation involving significant exposure to civil liability. No reportable actions were taken.
• Motion and Vote:
• Upon reconvening, the applicant confirmed acceptance of the revised project description language. Supervisor Hartman moved to approve the project as revised. The motion was seconded. Outcome: The motion to approve the project as revised passed (4-1).
• Post-Vote Action:
• Supervisor Hartman moved to direct staff to provide an analysis of how the 51% acreage threshold affects concentration and acreage limits in the Santa Ynez Valley, specifically the Santa Rita Hills area. Supervisor Laird seconded the motion, requesting that the information be provided as an informational report rather than a new hearing, unless specific changes are proposed. Staff agreed to prepare a spreadsheet showing how projects have shifted since recent code amendments. The Board agreed to receive this information for review.

Departmental Item 4: Board of Supervisors Compensation and Benefits

Discussion

• Human Resources presented a first reading of an ordinance to amend County Ordinance 5090, which sets compensation and benefits for Board members. The recommendations included: 1. A 3% increase in Board member salaries, tied to the Consumer Price Index (CPI) for urban areas, with future adjustments capped at 3%. 2. A 3% increase in the bi-weekly chair allowance from $71.18 to $73.32, with future adjustments tied to the same CPI index and capped at 3%. 3. Implementation of the third and final year of ongoing pension cost sharing pickups, totaling a 2.49% ongoing pickup. 4. A 5.3% increase in the county contribution for Board members enrolled in county-sponsored health insurance, matching the increase for all county employees. Future adjustments would match the contribution for elected department heads. 5. A decrease in the bi-weekly automobile allowance by $2 per pay period to $230, matching the allowance for elected department heads and tied to IRS rates. Future adjustments would match the allowance for other elected department heads.
• Supervisor Hartman asked for a description of a previous study comparing the Santa Barbara County Board’s compensation to benchmark counties.

Board Salary Adjustment

• A community member provided historical context regarding a 2015 ad hoc committee that reviewed board salaries against comparable counties and state Superior Court judge salaries. The committee recommended setting board salaries at the median of comparables, but the Board previously opted to adjust salaries based on the Consumer Price Index (CPI). The speaker noted that current state Superior Court judge salaries are $214,000, current board salaries are $100,248, and the median of comparable counties is $128,000.
• Supervisor Hartman commented on the demanding nature of the role and the compensation relative to responsibilities. Supervisor Laird moved to adopt the staff recommendation, which was seconded by Supervisor Hartman.
• During discussion, Supervisor Adams expressed opposition, citing the county’s deferred maintenance and unfunded pension liabilities. Supervisor Williams stated personal discomfort with the timing of the raise due to the pandemic but acknowledged the board was not overcompensated. Supervisor Lavagnino requested to substitute Supervisor-Elect Nelson for the vote, though the roll call proceeded with the current members.
• The motion to adjust board salaries passed with a vote of 3 to 2.

Announcement and Adjournment

• Supervisor Hartman announced that the Board would close the meeting in remembrance of Public Works employee Thomas Charity, who served for 13 years in the Resource Recovery and Waste Management Division. Supervisor Hartman detailed Charity’s role in managing solid waste collection franchise agreements and his involvement in community cleanup events.
• Chair Williams thanked Supervisor Hartman and adjourned the meeting in memory of Thomas Charity and Mr. Harrow. The next meeting was scheduled for October 13, 2020.