Board of Supervisors — 2020-11-17

CEO Report and Announcements

• The County Executive Office announced the implementation of live Spanish interpretation for board meetings via Cox Cable, with Comcast service expected in 2021.
• Video recordings featuring Spanish interpretation will be posted to the county’s YouTube channel.
• Two items were added to the agenda: a sub-recipient agreement with Good Samaritan Shelters Inc. and a hearing on temporary encroachment permits.
• Administrative Item 9 regarding Randall Road property acquisition was trailed to after closed session upon staff request.

COVID-19 Update and Purple Tier Restrictions

• The county moved to the Purple Tier effective November 16, 2020, requiring retail to operate at 25% capacity and restricting many venues to outdoor operations only.
• Active cases increased by 148% between November 2 and 16, with significant increases noted in South Coast, Santa Barbara, Goleta, and Santa Maria.
• A local work group was formed to coordinate vaccine distribution, with a full presentation scheduled for December 8.
• The board directed staff to draft a letter to the governor requesting that places of worship receive the same operational provisions as retail stores.

Agricultural Tiered Permitting Project

• Staff presented options to expand the tiered permit structure to all Ag-2 zoned lands, including streamlining permits and adding small-scale agritourism uses.
• The board adopted the staff recommendation to proceed with Option 2, which adds small-scale uses like farm-to-table dinners and educational opportunities.
• The board committed to reconvene at the next budget opportunity to discuss elements of Option 3, which involves larger agricultural tourism uses.
• Staff clarified that bike paths and trails remain in Option 3 pending the completion of recreation and active transportation master plans.

Resolution of Necessity for Temporary Construction Easement

• The board considered a resolution for a temporary construction easement on property owned by Reginald E. Drew Jr. for the Lower Mission Creek flood control project.
• Staff explained that the district holds possession of the fee parcel but requires judicial determination for the temporary easement compensation.
• The board adopted the staff recommendation to proceed with the resolution of necessity.

Acquisition of Randall Road Properties

• The board considered the acquisition of seven properties along Randall Road for flood control purposes.
• Supervisor Williams highlighted the importance of the acquisition for debris flow recovery.
• The board approved the acquisition of the properties and associated staff recommendations.

Becker Appeal of Montecito Planning Commission Approval (San Ysidro Roundabout)

• The board denied the appeal and accepted revised conditions for the San Ysidro Road roundabout project.
• Condition 19 was revised to state that the highest area of the roundabout shall not reduce present view corridors except as required by design standards.
• Staff argued the project complies with Coastal Act policies and CEQA, noting that roundabouts do not measurably increase Vehicle Miles Traveled.
• The appellant argued that staff failed to engage with his alternative proposal and that the project would negatively impact local businesses.

Becker Appeal of Montecito Planning Commission Approval (Olive Mill Roundabout)

• The board denied the appeal and granted de novo approval of the Olive Mill Road roundabout project with revised conditions.
• The view condition was revised to match the San Ysidro roundabout condition to address concerns about view corridors.
• Public commenters raised concerns about the exit ramp design impacting private property and the destruction of old-growth trees.
• Staff explained that the project is entirely within the public right-of-way and that geometry constraints limited design options.

Fiscal Year 2021-2026 Five-Year Forecast

• The County Executive Office presented a five-year forecast projecting a cumulative general fund gap of approximately $27 million over five years.
• Key expenditure drivers include salaries, retirement costs, health insurance, information technology, and general liability insurance.
• The board received and filed the report, noting the importance of the state budget and pandemic unknowns for upcoming budget development.

Ordinance Amending Chapter 28

• The board adopted an ordinance temporarily amending Chapter 28 to add special encroachment permits related to the COVID-19 pandemic response.
• The ordinance extends a previously approved emergency ordinance allowing businesses to use county road right-of-way for operations.
• Staff reported that 20 operations are currently approved and approximately 12 are pending under the program.

Closed Session

• The board entered closed session to consider two matters regarding the initiation of civil litigation.
• The board conferred with real property negotiators concerning eight separate parcels, including one at 363 Tejiguas Landfill Road.

Meeting Opening and Roll Call

• The November 17, 2020, meeting of the Santa Barbara County Board of Supervisors was called to order. A roll call confirmed the presence of all five supervisors, and the board recited the Pledge of Allegiance.

Approval of Minutes (November 10, 2020)

• A motion was made and seconded to approve the minutes from the November 10, 2020, meeting. The motion passed unanimously.

CEO Report and Announcements

• The County Executive Office announced the implementation of live Spanish interpretation for board meetings, available to Cox Cable subscribers, with Comcast subscribers expected to receive the service in 2021. Video recordings with Spanish interpretation will be posted to the county’s YouTube channel.
• The Clerk of the Board provided the following announcements:
• Public Comment: The public was instructed to call 805-568-2240 to register for public comment on agenda items or general public comment.
• Agenda Addendum: Two items were added to the agenda:
• 1. Administrative Item 30: Consideration of recommendations regarding a sub-recipient agreement with Good Samaritan Shelters Inc. for housing navigation services and operation of a temporary emergency shelter. 2. Departmental Item 7: A hearing to consider recommendations regarding an ordinance temporarily amending Chapter 28 to add Chapter 28B special encroachment permits related to the COVID-19 pandemic response.
• Trailing Item: Administrative Item 9 (acquisition of properties on Randall Road by the Flood Control and Water Conservation District for flood control purposes) was trailed to after closed session upon staff request.

Approval of Administrative Agenda

• Supervisor Williams spoke in support of the Randall Road acquisition (Item A9), noting its importance for debris flow recovery, and highlighted other agenda items addressing homelessness and mental health. A public comment request for Item A20 was noted. A motion was made and seconded to approve the balance of the administrative agenda, trailing Item A9. The motion passed unanimously.

General Public Comment

• Five members of the public provided comments on items not on the agenda: 1. Roger Rittner: Expressed concern regarding the proposed design of the Olive Mill Road/Coast Village Road roundabout, specifically the exit ramp’s impact on his property at 110 Olive Mill Road. The Clerk noted this related to a later agenda item (Departmental Item 4) and directed the comment to that time. 2. Katie Mickey: Spoke on behalf of "Safe Technology for Santa Barbara County," urging the board to adopt regulatory measures similar to Encinitas to restrict wireless telecom facilities, citing concerns about radiation, fire risk, and property values. 3. Sean Mortland: Also representing "Safe Technology for Santa Barbara County," focused on the impact of electromagnetic frequencies on children, citing studies linking Wi-Fi exposure to autism and calling for protective measures. 4. Leslie Weinstock: A physician assistant and coordinator for "Safe Technology for Santa Barbara County," requested the board reverse the December 2019 deregulation of the telecom ordinance, arguing that current rules allow unmonitored radiation exposure and advocating for fiber-to-the-premises as an alternative. 5. Miriam Lindbeck: Read a statement regarding 5G technology, arguing that its business model relies on surveillance and data collection rather than traditional mobile services, and that many 5G-supported services are not protected by federal preemption laws.

Departmental Item 1: COVID-19 Update

• Dr. DeRionne Pollard presented an update on local COVID-19 data and the state’s "Blueprint for a Safer Economy."
• Data: From November 2 to November 16, cumulative cases increased from 9,992 to 10,577 (approx. 6% increase). Active cases rose from 103 to 255 (148% increase). Hospitalizations increased from 10 to 13, and cumulative deaths rose from 129 to 133. Significant case increases were noted in South Coast, Santa Barbara, Goleta, and Santa Maria.
• Tier Assignment: The county was moved to the Purple Tier (Widespread) effective November 16, 2020, due to an adjusted case rate of 7.1 per 100,000. The state implemented an "emergency break" allowing tier changes more frequently and requiring immediate implementation.
• Restrictions: Under the Purple Tier, retail capacity must reduce to 25%; museums, zoos, and aquariums must operate outdoors only; places of worship, movie theaters, and gyms must operate outdoors only; restaurants must operate outdoors only; and bars/breweries must close unless providing meals.
• Schools: Schools that have reopened may remain open but must follow CDPH guidance. Schools not yet reopened may provide in-person instruction via waivers or small cohorts.
• Vaccine Planning: A local work group has been formed to coordinate vaccine distribution and public information. A full presentation is scheduled for December 8.
• Testing: Community testing sites in Santa Maria, Builton, and Goleta are offering approximately 500 tests per day. The Goleta site will expand to six days a week.

Board Discussion and Public Comment on Item 1

• Supervisor Adams: Inquired about outreach to clerical and management sectors, noting increased cases in this group. Dr. Pollard attributed this to return-to-office trends and noted that contact tracing shows colleagues often removing masks.
• Supervisor Williams: Noted increased traffic patterns suggesting a return to office work. Asked about age demographics of cases, confirming that most under-18 cases are teenagers.
• Supervisor Lavinino: Questioned the justification for allowing retail at 25% capacity while requiring places of worship to be outdoors. The Clerk noted that similar restrictions have been upheld in litigation in other counties.
• Supervisor Williams: Asked about harm reduction strategies for Thanksgiving gatherings. Dr. Pollard recommended self-quarantine before and after gatherings, outdoor settings, shorter durations, and maintaining distance and mask usage.
• Supervisor Hartman: Asked for recommendations for college students traveling home for holidays. Dr. Pollard noted that universities are advising students to stay home.

Public Comment on Item 1

• Four members of the public commented on the COVID-19 update: 1. Andy Caldwell: Representing COLAB, criticized the governor’s change to the tier assignment rules, arguing that the county’s case rate (7.1) was close to the threshold for staying in the Red Tier. He urged the board to push back against the governor’s restrictions, citing the economic impact on businesses. 2. Renee O’Neill: Advocated for mask-wearing, comparing it to wearing seatbelts. She criticized Governor Newsom for attending a birthday party in Napa, citing it as hypocritical. 3. Terry Strickland: Expressed frustration with the restrictions, arguing that the county’s low hospitalization and death numbers justify less severe measures. She urged the board to push back against the governor to protect small businesses and churches. 4. Peggy Wilson: Criticized the restrictions as unconstitutional and argued that case counts are inflated by testing volume. She urged the board to stand up for the people of the county and protect businesses and individual freedoms.

Board Response

• Supervisor Williams responded to the public comments, clarifying that the board is implementing state law and health officer orders rather than formulating the restrictions themselves. He emphasized the importance of the rule of law and decisive action to limit transmission to protect public health, education, and the economy. He acknowledged the frustration regarding changing rules but maintained that limiting transmission is necessary to avoid worse outcomes.

Agenda Item: Public Health Update and Purple Tier Restrictions (Continued)

Discussion

• Public commenters expressed divergent views on the current pandemic response. One speaker argued that the "box the virus" strategy ignores demographic and medical comorbidities, criticized the measures as draconian, and noted that the county dashboard listed zero influenza deaths despite earlier testing showing higher flu rates than COVID-19. Another speaker cited data showing a rising case positivity rate (from 4.3 to 7.1) and projected U.S. death tolls, arguing that maintaining vigilance is necessary to prevent a larger spike. A third speaker acknowledged the difficulty of the situation but emphasized the need to persevere until a vaccine is available, noting that low hospitalization rates in the county are a result of previous successes and that exponential growth must be managed.
• Supervisor Lavagnino stated that he did not hear sufficient justification from the Public Health Officer for singling out churches for stricter restrictions than retail stores. He argued that places of worship are critical for community connection and suggested that the county should advocate for consistency in the state’s purple tier framework. He also suggested that the county lobby for indoor dining at restaurants.
• Supervisor Hartman expressed concern about the inconsistency between allowing retail shopping but restricting indoor worship, noting that while she personally prefers outdoor services, the framework should not prioritize commercial activity over religious freedom. She stated she could not support a motion to allow indoor church services to have the same provisions as retail.
• Supervisor Williams agreed that there are inconsistencies in the framework and supported a letter to the governor requesting greater consistency between places of worship and retail. However, he urged the board to take a more active approach regarding office-based employment, suggesting that if the Public Health Officer deemed it necessary, the board should support stronger measures, including telework mandates, for office sectors.
• The Public Health Officer stated that she would be professionally uncomfortable drafting a letter requesting that indoor church services be allowed under the purple tier, citing widespread transmission risks and the nature of activities such as singing and communion. She noted that she personally attends church outdoors and that many local churches have expressed discomfort with moving services indoors.
• The Clerk of the Board clarified that the motion was directed to staff, not the Public Health Officer, and that the CEO serves as the intergovernmental liaison.
• Supervisor Adams argued that the board should allow individuals and churches to make their own choices regarding worship, stating that the current restrictions are unprecedented and potentially unconstitutional.
• Supervisor Williams warned against taking a divisive approach to public health matters, urging colleagues to consider the implications of sending posturing letters during a critical phase of the pandemic.
• Supervisor Lavagnino responded that the motion was symbolic of respecting the ability to worship and that the governor was unlikely to be influenced by the board’s opinion. He maintained that 25% capacity for church services is not comparable to a super-spreader event.

Motion and Vote

• Supervisor Lavagnino moved to receive and file the report and make the CEQA finding. The motion was seconded. The roll call was taken, and the motion passed.
• Supervisor Lavagnino then moved to direct staff to craft a letter to the governor asking for the purple tier to be amended so that churches and places of worship have the same provisions as retail. Supervisor Adams seconded the motion.
• During the discussion, Supervisor Hartman stated she could not support the motion due to the differences in risk between retail and worship activities. Supervisor Williams stated he supported the motion because he could not condone a framework that gives more rights to commercial activity than to places of worship. The Public Health Officer reiterated her professional discomfort with the request. Supervisor Adams argued for the freedom of choice for religious institutions. Supervisor Williams expressed concern about the divisive nature of the decision. Supervisor Lavagnino defended the motion as a symbolic measure of respect for religious freedom.
• The roll call was taken, and the motion passed 3 to 2.

Agenda Item: Agricultural Tiered Permitting Project

Discussion

• Staff presented the Agricultural Tiered Permitting Project, which aims to expand the tiered permit structure adopted for the Gaviota Coast Plan to all Ag-2 zoned lands in the county. Staff outlined three options for the board’s direction: 1. Option 1: Proceed with the current project scope, which includes permit streamlining and revising development plan thresholds for Ag-2 lands. This requires only a budget revision for environmental review. 2. Option 2: Add additional small-scale uses (e.g., incidental food service, farm-to-table dinners, cooking classes, educational opportunities, bird watching, stargazing) to the tiered structure. This requires assessment of scale and intensity to determine appropriate permit levels. 3. Option 3: Expand the scope to include larger, higher-intensity agricultural tourism uses (e.g., restaurants, bed-and-breakfast inns, large-scale events, festivals, concerts, equestrian events) on all agricultural lands, including Ag-1. This option would require more time, higher costs for staff and consultants, and additional funding or the delay of other projects. Staff noted that bed-and-breakfast inns are distinct from farm stays, which are governed by a separate project.
• Staff clarified that bike paths and trails could not be moved from Option 3 to Option 2 because the Parks Department and Public Works Agency are currently developing recreation and active transportation master plans, which should be completed first to ensure coordinated planning.
• Public commenters largely supported Options 2 and 3, citing the economic benefits of agritourism, the need for diversified revenue streams for wineries and farms, and the competitive disadvantage Santa Barbara County faces compared to other wine regions that allow overnight stays and food service. Several speakers highlighted the importance of preserving small family farms and the potential for increased local economic activity through tourism.
• Some speakers expressed opposition to Option 3, citing concerns about fire safety, food safety, and the incompatibility of certain uses (e.g., shooting ranges, large events) with food agriculture. One speaker requested that the Agricultural Advisory Committee be involved in the process to ensure all agricultural sectors are represented. Another speaker suggested that the board should hire a consultant with experience in implementing agritourism programs.

Discussion (Continued)

• Board members discussed the naming of the ordinance, noting that "Ag Tier" may not be descriptive. Supervisor Hartmann expressed support for moving forward, suggesting a preference for Option 2 over Option 1 due to the complexity of mixed residential/agricultural uses in the Santa Ynez Valley. She proposed a phased approach ("2A" and "2B") to address immediate agricultural needs while reserving larger trail and accommodation issues for later review in conjunction with the Recreation Master Plan. Supervisor Adam raised concerns about applying Gaviota Coast Plan standards county-wide without adequate local process, noting that large-scale commercial agriculture may not benefit from these provisions. Supervisor Lavagnino inquired about the specific permit structures (exempt, zoning clearance, LUP, CUP) associated with the options. Staff clarified that they could move Option 2 forward immediately while holding more extensive changes related to the Recreation Master Plan for a future work program, potentially incorporating recommendations from that plan.

Motion and Vote

• Supervisor Hartmann moved to adopt the staff recommendation with the understanding that the board is aiming for aspects of Option 3, but proceeding with Option 2 now, with a commitment to reconvene at the next budget opportunity to discuss elements of Option 3. The motion was seconded by Supervisor Williams. The motion passed unanimously.

Departmental Item 3: Resolution of Necessity for Temporary Construction Easement (Lower Mission Creek)

Discussion

• The board considered a resolution of necessity for a temporary construction easement on property owned by Reginald E. Drew Jr. (APN 037-245-017) for the Lower Mission Creek flood control project. Staff explained that the district currently holds possession of the fee parcel and permanent easement through the court system, but the temporary construction easement possession expires at the end of the year due to court closures. The board noted that despite efforts to reach an amicable agreement, the matter required judicial determination of compensation. Supervisor Williams noted the necessity of the project for public safety.

Motion and Vote

• Supervisor Williams moved to adopt the staff recommendation. The motion was seconded by Supervisor Hartmann. The motion passed unanimously.

Closed Session

• The board entered closed session to consider two matters regarding the initiation of civil litigation and to confer with real property negotiators concerning eight separate parcels, including one at 363 Tejiguas Landfill Road.

Administrative Item 9: Acquisition of Randall Road Properties

Discussion

• The board considered recommendations regarding the acquisition of seven properties along Randall Road (APNs 007-120-034, 007-120-059, 007-120-054, 007-120-035, 007-120-032, 007-120-033, and 007-120-033) for flood control purposes. No public comment was received.

Motion and Vote

• A motion was made to approve the acquisition of the Randall Road properties and associated staff recommendations. The motion was seconded. The motion passed unanimously.

Departmental Item 4: Becker Appeal of Montecito Planning Commission Approval (San Ysidro Roundabout)

Ex Parte Disclosures

• Supervisor Williams disclosed communications with Montecito Planning Commission members regarding project design, lighting, and views. Supervisor Lavagnino and Supervisor Hartmann reported no ex parte communications.

Record Correspondence

• The board received a letter from the appellant, Mr. Becker, indicating an intent to file a Brown Act complaint. A motion was made and seconded to include this letter in the record. The motion passed unanimously.

Staff Presentation

• Staff presented the project, which reconfigures the intersection of San Ysidro Road, North Jameson Lane, and Highway 101 ramps into a roundabout. Staff argued the project complies with Coastal Act policies and CEQA, noting that environmental review was completed via an addendum to the Highway 101 EIR. Staff contended that roundabouts do not measurably increase Vehicle Miles Traveled (VMT) and that the project is necessary to improve intersection level of service, which has been failing since 1992.

Appellant Presentation

• Mr. Becker argued that staff refused to engage with his alternative proposal, which he claimed would reduce VMT by 15% without construction costs. He asserted that the Coastal Act and County Land Use Plan supersede CEQA guidelines regarding VMT minimization and that the county failed to perform a comparative analysis of his alternative. He stated that the roundabout is VMT-inducing and that the project would negatively impact local businesses.

Applicant Presentation

• Public Works staff provided context on the project goals: improving circulation, ensuring safe access for all modes, and maintaining a neighborhood character. They stated that the project is exempt from VMT analysis under state guidance and that it includes multimodal improvements that support VMT reduction. They requested modifications to five conditions of approval to align with engineering standards and the spirit of the Planning Commission’s decision, specifically regarding undergrounding utilities, signage, and view corridors.

Board Discussion

• Supervisor Williams discussed the tension between maintaining view corridors and blocking headlights, proposing a revision to Condition 19 to state that the highest area of the roundabout, including planting, "shall not reduce present view corridors except as required by design standards." Public Works staff agreed this language was acceptable. The board reviewed the five requested condition modifications.

Motion and Vote

• Supervisor Williams moved to deny the appeal and accept the revised conditions, with the exception of Condition 19, which would be revised to read: "Highest area of the roundabout including the planting shall not reduce the present view corridors except as required by design standards." The motion was seconded by Supervisor Hartmann. The motion passed unanimously.

Departmental Item 5: Becker Appeal of Montecito Planning Commission Approval (Olive Mill Roundabout)

Ex Parte Communications

• The Clerk of the Board disclosed a communication received from Mr. Becker notifying the County Council of an intent to file a Brown Act complaint. Staff clarified that the allegations appeared to concern potential ex parte communications rather than Brown Act violations. Supervisor Williams disclosed ex parte communications with Planning Commissioner Charles Sneddon regarding requested changes to conditions, with members of the Coast Village Association, and with Mr. McAulpin regarding proposed street lights. No other ex parte communications were reported.

Letter to the Record

• A motion was made and seconded to approve a letter received by the Clerk of the Board on November 16, 2020, for inclusion in the record for Departmental Item 5. The motion passed unanimously.

Staff Presentation

• County Executive Officer Nicole Liu presented the appeal regarding the reconfiguration of the six-legged stop-controlled intersection at Coast Village Road, North Jameson Lane, Olive Mill Road, and Highway 101 into a roundabout. Staff noted the project includes new sidewalks, landscaping, lighting, signage, and drainage. Staff stated that the project is consistent with the Article 2 Coastal Zoning Ordinance, Montecito Community Plan, and Coastal Land Use Plan. Environmental review was completed via an addendum to the Highway 101 EIR, finding no new significant effects. Staff addressed the appellant’s concerns regarding Vehicle Miles Traveled (VMT), citing State Office of Planning and Research guidance that roundabouts do not result in measurable VMT increases. Staff recommended denying the appeal, making required CEQA findings, and granting de novo approval subject to conditions.

Appellant Presentation

• Mr. Becker stated that his presentation was identical to the previous appeal and requested that his supporting documents be entered into the record. He argued that the construction would severely impact local businesses and property owners, potentially causing business closures due to combined impacts with the pandemic. He contended that staff failed to engage with his proposed "zero construction" alternative, which he argued would reduce VMT without construction costs. He also alleged that staff withheld information regarding the option to appeal directly to the Coastal Commission. He criticized the allocation of funds for the roundabout, suggesting the money could have been used for agricultural road repairs.

Applicant Presentation

• Laura Yanez, Project Manager for the City of Santa Barbara, presented on behalf of the co-applicant. She detailed the project’s history, noting it was identified as a mitigation requirement in the 2017 Highway 101 Widening Project EIR. She addressed VMT concerns, reiterating that roundabouts do not add lane capacity and thus do not induce travel. She noted that the project design was developed through joint city and county working groups and received unanimous approvals from the City Planning Commission and Montecito Planning Commission. She outlined six minor modifications to conditions of approval intended to maintain the intent of the original approvals while allowing for engineering flexibility. The applicant requested the board deny the appeal and approve the project with modified conditions.

Public Comment

• Roger Rittner commented on the negative effects of the roundabout design on his property at 110 Olive Mill Road. He stated that the exit ramp design would utilize right-of-way extending onto his property, potentially confiscating 10–12 feet of frontage, destroying old-growth trees, and flattening a driveway rise, making vehicle access difficult. He urged the board to direct the county to develop an alternative exit ramp location to minimize impacts.

Rebuttal

• Mr. Becker rebutted by arguing that the Highway 101 HOV project segments connected to this intersection are subject to VMT analysis, unlike the roundabout, and that permits for those segments should be resolved first. He reiterated that staff showed no interest in his zero-cost alternative and that the project would devastate local businesses and residents.

Discussion and Motion

• Supervisor Williams asked staff to address Mr. Rittner’s concerns and the lighting condition. Public Works staff explained that the project is entirely within the public right-of-way, but geometry constraints limited design options. Staff stated they were willing to work with Mr. Rittner. Regarding lighting, staff explained that using a single type of light for maintenance efficiency and aesthetic uniformity was preferred. Staff agreed to adopt the same view condition changes as the San Ysidro roundabout.
• A motion was made and seconded to deny the appeal, uphold the Montecito Planning Commission’s decision, and grant de novo approval of the project as revised by the six slides presented by Planning and Development, with the exception of the view condition, which was to be revised to match the San Ysidro roundabout condition. The motion passed unanimously.

Departmental Item 6: Fiscal Year 2021-2026 Five-Year Forecast

Presentation

• Jeff Frapwell and Paul Clemente from the County Executive Office presented the five-year forecast and fiscal issues report. They outlined three revenue scenarios: mild recession, baseline, and pronounced recession. The forecast assumes status quo operations and identifies potential gaps between revenues and expenses. Key expenditure drivers include salaries and benefits (assumed 3% annual increase), retirement costs (12% increase in the first year due to low investment returns), health insurance (5% annual increase), information technology (8% annual increase), and general liability insurance (over 20% increase in the first year). Revenue assumptions included property tax, sales tax, transient occupancy tax, and cannabis tax. Cannabis tax was projected to grow to $16.7 million in FY 2021-22. The baseline scenario projected a cumulative general fund gap of approximately $27 million over five years. Special revenue funds, including Health Care, Mental Health Services Act, and Social Services, also projected gaps.

Fiscal Issues

• Presenters highlighted five categories of fiscal issues: legislative/policy changes (e.g., AB 1869 reducing criminal justice cost recovery, elimination of 340B funding), deferred maintenance, technology investment (e.g., cybersecurity, ERP system replacement), facility conditions (average building age of 40 years), and innovation (e.g., holistic defense, Medi-Cal CalAIM reform). They noted the importance of the state budget and pandemic unknowns for the upcoming FY 2021-22 budget development.

Discussion

• Supervisor Williams requested quarterly comparisons of revenue benchmarks, particularly property tax. Supervisor Hartmann asked about the actuarial valuation date for pensions; staff explained the five-year smoothing process and the significant impact of low investment returns. Supervisor Lavagnino noted the utility of the forecast for long-term planning while emphasizing the need for year-to-year nimbleness. Supervisor Adams expressed concern about the lack of sufficient buffers and the need for drastic action if the economic situation worsens. Supervisor Williams acknowledged the challenging fiscal position and the need for careful budgeting.

Motion and Vote

• A motion was made and seconded to receive and file the report and make CEQA findings. The motion passed unanimously.

Departmental Item 7: Ordinance Amending Chapter 28

Discussion

• The Clerk read the item into the record: a hearing to consider recommendations regarding an ordinance temporarily amending Chapter 28 to add Chapter 20 for special encroachment permits related to the COVID-19 pandemic response. Supervisor Hart called Mr. Stanton to the podium.
• Staff presented a housekeeping item to modify CEQA findings for recommended actions D (current) and B (December 8th) to state "determine." Staff then presented an extension of a previously approved emergency ordinance regarding the Small Business Community Partnership and Enhancement Program, which allows businesses to use county road right-of-way for operations. Staff reported that 20 operations are currently approved and approximately 12 are pending.

Motion and Vote

• A motion was made to adopt the ordinance as exempt from CEQA pursuant to specific guidelines sections. The motion was seconded. No public comment was received. The motion passed unanimously.

Correction of Minutes (November 10, 2020)

• The Clerk identified a typo in the minutes approved earlier that day regarding the agreement for professional legal services with Churchill Churchwell White LLP. The term ending date was incorrectly listed as 2020 and should have been January 31, 2021. A motion was made to correct the typo and reapprove the minutes. The motion was seconded. No discussion occurred. The motion passed unanimously.

Clerk Update and Adjournment

• The Clerk provided an update stating that the Court of Appeal for the Third Appellate District issued a stay of an order involving an injunction against Governor Newsom under the Emergency Services Act, meaning there is no current impact on the Governor’s powers. The meeting was adjourned to a special meeting scheduled for Tuesday, December 1, 2020, for a criminal justice and racial equity update.