Meeting Summary
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At a glance
Agenda Announcements and Revisions
- The Clerk announced amendments to the Environmental Impact Report certification dates for the Planning and Development item.
- The Oasis Meeting Center project was withdrawn from the agenda at the applicants' request.
- New administrative items were added for temporary real estate transaction authorization and a housing grant agreement.
- County Counsel revised Recommendation D for the housing grant agreement to remove the phrase "capital assets."
Administrative Agenda Approval
- Supervisor Adams requested to pull Item A-2, while Supervisor Williams highlighted Item A-10.
- The board reviewed resolutions honoring retiring staff members and a community leader.
- The Emergency Rental Assistance Program item noted over $1 million in available funds for eligible residents.
- The board approved the revised administrative agenda unanimously.
COVID-19 Update
- Dr. Pollard reported a 17% increase in cumulative cases and a 129% rise in active cases over two weeks.
- The county anticipates receiving initial Pfizer doses for hospital healthcare workers, with additional Moderna doses pending FDA authorization.
- Assistant CEO Nancy Anderson reported that 4,441 businesses have submitted RISE reopening applications.
- The board discussed the need for a centralized business resource navigation center and the lack of response from the Governor’s office regarding regional grouping.
Cannabis Compliance Enforcement and Taxation
- Staff reported $4.2 million in tax revenue, a 50% increase over the prior year, with 54 operators reporting gross receipts.
- Enforcement actions resulted in the confiscation of over 7,000 plants and 250 pounds of product.
- The retail storefront selection process is in Phase two, with final ranking expected by mid-March.
- Nine of twelve operators in Environmental Designation and Resource Protection areas have ceased operations.
Orcutt Community Plan Amendment
- Staff proposed an amendment to extend Union Valley Parkway to provide secondary access to the eastern Santa Maria Valley.
- The project aims to relieve congestion and reduce emergency response times, with estimated costs of approximately $5 million.
- A Mitigated Negative Declaration was prepared, identifying impacts as less than significant with mitigation.
- The board approved the amendment unanimously to move forward with the multi-step design and funding process.
Oasis Meeting Center Project
- The Clerk read a memo and letter from applicants requesting the withdrawal of the item from the agenda.
- Public comment was limited to the question of withdrawal, with no speakers indicating a desire to address that specific matter.
- The board adopted staff recommendations to withdraw the item and direct staff to return it as soon as possible.
Resolution of Accommodation Honoring Supervisor Peter Adam
- The board read a resolution honoring Supervisor Adam for his eight years of service and focus on fiscal responsibility.
- Numerous colleagues, department heads, and community members provided remarks praising his advocacy and leadership.
- Supervisor Adam delivered closing remarks reflecting on his tenure, major county issues, and personal experiences.
- The board presented gifts to Supervisor Adam, including an engraved humidor acknowledging his service.
Closed Session
- The board considered existing litigation regarding an eminent domain proceeding for a bridge replacement.
- The Superior Court issued a ruling on a motion in November, which the board sought to challenge.
- The board authorized the filing of a writ petition in the Court of Appeal to challenge the decision.
Full summary
Meeting Opening and Roll Call
- The December 15, 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 (December 8, 2020)
- A motion was made and seconded to approve the minutes from the December 8, 2020, meeting. No discussion occurred. The motion passed unanimously.
Agenda Announcements and Revisions
- The Clerk announced the following agenda changes:
- Addendum to Departmental Item 4 (Planning and Development): Recommendation B was amended to remove dates of September 3, 2020, and October 21, 2020, replacing them with December 1, 2020. The item now reads to certify the Environmental Impact Report (EIR) as modified by an EIR revision letter dated December 1, 2020.
- Withdrawal of Departmental Item 4 (Planning and Development): A memo was posted withdrawing the hearing to consider recommendations regarding the Oasis Meeting Center project (Case Numbers 14 GPA 20 16, RMM 1 16, CUP 6 16, DVP 2 16, LLA 4 17, CUP 13).
- Addition of Administrative Item 40 (General Services): Added to consider recommendations regarding temporary authorization for the General Services Director to execute COVID-19 related real estate transactions.
- Addition of Administrative Item A-41 (Community Services): Added to consider recommendations regarding the execution of a grant agreement with the Housing Authority of the City of Santa Barbara for the acquisition of property at 536 West Pedragosa Street. This item requires a four-fifths vote.
- Revision to Administrative Item A-41: A notice from County Counsel was read into the record stating that Recommendation D was revised to remove the phrase "capital assets."
Approval of Administrative Agenda
- The board discussed the administrative agenda. Supervisor Adams requested to pull Item A-2. Supervisor Williams requested to highlight Item A-10.
- Item A-2 (Resolution of Accommodation): Sponsored by Supervisor Adams, this item honors District Attorney Investigator Commander Christopher Clement upon his retirement after over 30 years of service. Supervisor Adams spoke in support of the resolution.
- Item A-3 (Resolution of Accommodation): Sponsored by Supervisor Adams, this item honors Stuart Johnston for his service to Santa Barbara County. Supervisor Adams read a resolution detailing Johnston’s background, including his work with the U.S. Department of State, his legal career, and his role as a legal analyst and mentor. The resolution commends Johnston for his service and wishes him well upon his retirement.
- Item A-10 (Emergency Rental Assistance Program): From Community Services, this item considers recommendations regarding the Action Plan Substantial Amendment and the execution of an agreement with United Way of Santa Barbara County to implement an Emergency Rental Assistance Program using CDBG-CV funds. Supervisor Williams noted that at least $1 million remains available for eligible residents in unincorporated areas, Carpinteria, Guadalupe, and Solvang.
- Item A-41 (Grant Agreement): The Clerk read the item into the record, noting the revision to Recommendation D and a memo revising Attachment 1. A board member noted that the item has County Council concurrence.
- A motion was made and seconded to approve the administrative agenda as revised. No further discussion occurred. The motion passed unanimously.
General Public Comment
- Five speakers addressed the board on items not on the agenda: 1. Leslie Weinstock (Safe Technology for Santa Barbara County): Requested that the board reverse the December 2019 amendment to the telecom code to restore previous protections against wireless facility densification. She urged the board to require transparency from SoCalGas regarding the location, specifications, and power density of Data Collection Units (DCUs) before voting on the related ordinance. 2. Anne Odile Thomas (Safe Technology for Santa Barbara County): Expressed concern over the removal of restrictions in the county telecom code, citing increased installation of small cell antennas near residences. She requested exact locations and power density data for DCUs and advanced meters, and urged the board to halt further amendments to the telecom code that benefit for-profit companies. 3. Ren Strong: Spoke regarding 5G technology, Wi-Fi, and other topics, including cloud seeding, GMOs, and vaccine distribution, urging the board to consider these issues. 4. Renee O’Neill: Thanked the board and county agencies for their work during 2020. She expressed appreciation for support of the EDRN community’s efforts to protect public health from commercial industries. She thanked Supervisor Adams for his service and wit, and thanked Barney Melechian for his years of service. 5. Lynn Carlisle (Koyama Valley Family Resource Center): Represented a group serving isolated seniors during the pandemic. She reported that over 12,000 meals have been provided in Cuyama and expressed concern about the loss of federal funding that supports these services, urging the board to consider supporting seniors if funding is available.
Departmental Item 1: COVID-19 Update
- Dr. DeRionne Pollard provided a briefing on local COVID-19 data, the Blueprint for a Safer Economy, and vaccine updates.
- Case Data: From November 30 to December 14, the cumulative case count was 13,557 (a 17% increase). Active cases increased by 129% (from 410 to 940). Hospitalizations increased by 127% (from 33 to 75). Cumulative deaths stood at 140. The seven-day rolling sum of new cases increased in all areas of the county, with Santa Maria seeing a 76% increase. The county reported its highest daily case count of 360 positive cases.
- Occupation Data: Week 48 data showed clerical/management comprised 23.4% of cases (vs. 13.2% pandemic average) and retired individuals comprised 22.8% (vs. 16.7% pandemic average). Agricultural workers comprised 2.3% (vs. 17.7% pandemic average).
- Blueprint for a Safer Economy: The adjusted case rate was anticipated at 19.2, down from 24.4. The state median for tests continued at 362.39%, while the county averaged 518.9%. Testing positivity increased from 4.6% to 6.1%. The health equity metric increased from 6.2 to 8.3.
- ICU Availability: Southern California regional ICU availability was 1.7%. For the Central Coast region (San Luis Obispo, Santa Barbara, Ventura), availability was 30% as of December 14, compared to 2.7% for the whole Southern California region.
- Vaccine Update: The county anticipates receiving 3,900 Pfizer doses within days, with two boxes going to Cottage Hospital and two to Marion Regional Medical Center. An additional 2,925 Pfizer doses are expected December 22–23. 6,600 Moderna doses are anticipated as early as the following week, pending FDA Emergency Use Authorization. Vaccination prioritization will initially go to hospital healthcare workers and other high-risk health workers.
Questions and Discussion
- Supervisor Williams asked about the number of healthcare workers in the first prioritization level and how many would be covered by the initial vaccine shipments. Dr. Pollard stated that the initial 3,900 doses would cover a small portion of the sector, with additional allocations expected rapidly.
- Supervisor Adams asked about false positive rates in PCR tests. Dr. Pollard cited literature ranging from 0.8% to 4%, with rare extremes up to 16.7%. Dr. Henning Ansorg, Health Officer, stated that false positives are rare and negligible in areas with less than 10% positivity, noting that false negatives are a greater public health concern. Supervisor Adams questioned the impact of disease prevalence on false positive rates, and Dr. Ansorg explained that in a low-prevalence population, the likelihood of false negatives is higher due to the magnitude of negative results.
- Assistant CEO Nancy Anderson provided a RISE business update. As of the previous Friday, 4,441 businesses had submitted through the reopening program. Top sectors included retail, restaurants, and office workspaces. She listed state and local resources for small businesses, including the Small Business Hiring Tax Credit, California Rebuilding Fund, and local partners like the Workforce Development Board, SCORE, and United Way.
- Supervisor Hartman asked how the county could help businesses navigate the complex list of resources, suggesting a navigation center. Ms. Anderson agreed that a centralized navigation resource would be valuable and noted that the county is updating its website to reflect current funding availability. Supervisor Hartman emphasized the need for federal relief, noting that county funds are largely pass-through money and cannot run a deficit.
- Supervisor Lavinino asked for an update on the letter sent to the Governor regarding regional grouping. The CEO’s office stated that no response had been received from CDPH or the Governor’s office, but they are continuing to communicate through their advocate.
Public Comment on Departmental Item 1
- Six speakers addressed the board: 1. Lisa Bravo (Family Service Agency): Described the Isolated Seniors Project, a collaboration with multiple partners to assist isolated seniors. Over 1,200 seniors received help, with 76% being new to services. Private funders provided $305,000, but federal stimulus funds supporting home-delivered meals are running out. 2. Joyce Ellen Lipman (Area Agency on Aging): Reported that approximately $1.2 million in federal stimulus money was used to provide meals to about 1,100 senior citizens. She emphasized the link between nutrition and health and requested bridge funding while awaiting the federal stimulus bill. 3. Gary Linker (Center for Successful Aging): Described a program delivering hot meals to low-income seniors in Santa Barbara and Goleta. The program serves about 125 seniors, 80% of whom are below the poverty level. He requested support until the federal government passes another stimulus package. 4. Mitchell Shervin (Bouchon Restaurant): Expressed disappointment that the Governor has not created a Central Coast region, limiting options to exit lockdown. He argued that restaurants are not the primary driver of virus spread, citing New York data showing only 1.4% of cases attributed to restaurants/bars. He urged the board to help exit the lockdown and return to the purple tier by December 29. 5. Lisa Sloan: Argued that lockdowns are political and not based on science, citing a 99.8% survival rate for the virus. She stated that 140 deaths in 2020 represent less than 5% of average annual deaths in the county. She urged the board to stop closures of businesses, schools, and churches and to protect constituents’ rights. 6. Amy Smith, Janine Dorn, Peggy Wilson, Ren Strong, and Tom Becker: Speakers raised concerns regarding the specificity and reliability of PCR testing, the economic impact of lockdowns on businesses, and the accuracy of death statistics attributed to COVID-19 versus comorbidities. Several speakers urged the Board to consider alternative public health measures, such as targeted lockdowns for at-risk populations, and questioned the necessity of broad business closures.
Board Response to Public Comment
- Supervisor Hartman clarified that the limiting factor for the healthcare system is hospital personnel rather than bed capacity. Supervisor Williams stated that the Board is not choosing to close businesses but is following the state framework, and emphasized the importance of harm reduction strategies and continued vigilance. Supervisor Lavagnino requested that staff reach out to community-based organizations providing emergency relief to seniors to discuss funding needs. CEO Miyasato responded that the County will conduct a request for information to assess needs and return to the Board in January. Supervisor Adams encouraged the public to rely on official public health websites for accurate information and noted that misinformation on social media complicates public understanding.
Motion to Accept Staff Report (Item 1)
- A motion was made and seconded to accept the staff report. The motion passed unanimously.
Departmental Item No. 2: Cannabis Compliance Enforcement and Taxation (First Quarter Update)
- Staff presented a first-quarter update on cannabis compliance, enforcement, and taxation for fiscal year 2020–2021. Key points included:
- Tax Revenue: $4.2 million in cannabis tax revenue was collected, a 50% increase over the same quarter of the prior year. 54 operators reported gross receipts, 38 reported zero gross receipts, and 29 did not report.
- Land Use: Six new applications were received (three land use permits, three coastal development permits). 82 land use permit applications and 36 coastal development permits remain pending. Proposed cultivation acreage exceeds the established caps for both inland and Carpinteria Agricultural Overlay District areas.
- Licensing: 18 county licenses were issued to 11 unique operators. 1,316 active state licenses are held by operators in the county.
- Enforcement: Five enforcement actions resulted in the confiscation of over 7,000 plants and 250 pounds of product, with an estimated street value of $3.8 million. Five notices of non-compliance were issued to withdraw local authorization.
- Retail Storefront Selection: Phase one (completeness review) is complete, with 23 applications accepted. Phase two (scoring by third-party evaluator and licensing team) is underway, with completion anticipated by the end of January. Phase three (final ranking) is expected to be completed by mid-March.
- KPMG Recommendations: Staff is working to align permitting software, review the Subdivision Development Review Committee function, encourage simultaneous review of permits and business licenses, and improve fee structures. A tax audit methodology is being developed in collaboration with the Treasurer-Tax Collector.
- EDRN Compliance: Nine of twelve operators in Environmental Designation and Resource Protection (EDRN) areas have ceased operations. One has filed litigation. Joint site inspections are scheduled for the remaining operators.
Questions and Discussion
- Supervisor Williams asked for clarification on reasons for zero gross receipts and emphasized the need for continued oversight and concurrent processing of business licenses and land use permits. Staff explained that zero reports often result from lack of activity or misunderstanding of filing requirements, and that concurrent processing is a goal to streamline the process.
- Supervisor Hartman raised concerns about odor complaints in the Santa Ynez Valley, noting that many complaints are not registered due to difficulty identifying specific parcels. Staff indicated that a draft memo analyzing acreage subject to odor control requirements is being prepared for the Board. Supervisor Hartman also inquired about public access to application documents, noting that some residents report needing to file appeals to obtain information. Staff explained that while placards are posted and Zoom reviews are offered, copyright restrictions on architectural plans have historically limited physical copies, and the Department is working to develop a process for public access.
Public Comment on Item No. 2
- Two speakers addressed the board: 1. Mark Chatillo (Santa Barbara Coalition for Responsible Cannabis): Praised staff’s responsiveness but requested increased transparency in the permitting process, specifically better public notification of project status and easier access to documents without the need to file appeals. He noted that the current Zoom review process is inadequate for technical review. 2. Renee O'Neill: Expressed support for the County’s enforcement of EDRN regulations and the phase-out of non-compliant growers. She noted a reduction in traffic in her area since the ordinance passed and urged the County to enforce fines against non-compliant operators.
Motion to Accept Report (Item 2)
- A motion was made and seconded to accept the report. The motion passed unanimously.
Departmental Item No. 3: Orcutt Community Plan Amendment (Union Valley Parkway Road Connection)
- Staff presented a proposed amendment to the Orcutt Community Plan to identify an extension of Union Valley Parkway to provide secondary access to the eastern side of the Santa Maria Valley. The amendment would link the Union Valley Parkway interchange to the Frontage Road east of Highway 101 (Rodeo Drive) and classify Rodeo Drive as a secondary roadway.
- Key points included:
- Purpose: The road connection aims to improve access, relieve congestion, reduce emergency response times, and reduce vehicle miles traveled, particularly during events at the Elks Event Center.
- Process: The amendment is the first step in a multi-step process to design, fund, and construct the road. Caltrans and the California Transportation Commission must approve the project.
- Cost and Timeline: The project development process is estimated to take two to three years, with construction taking up to one year. Total costs are estimated at approximately $5 million, excluding right-of-way acquisition.
- Environmental Review: A Mitigated Negative Declaration was prepared, identifying impacts as less than significant with mitigation for eight categories.
- Recommendation: The Planning Commission voted unanimously to recommend approval. Staff recommends the Board make required findings, adopt the Mitigated Negative Declaration and mitigation monitoring program, and adopt a resolution approving the amendment.
Circulation Element Amendment (Rodeo Drive to Union Valley Parkway Connection)
- Staff presented the Mitigated Negative Declaration, stating that the project would not result in significant growth-inducing impacts. Staff noted that the road provides secondary access to an area where development is already occurring or planned (specifically referencing Key Site 33 and the Orchid Community Plan) and that any future development beyond current plans would require changes to the comprehensive plan, zoning ordinances, and additional environmental review.
Public Comment on Item 3
- Two speakers addressed the board: 1. ORCA Community Representative: Supported the project, citing safety benefits and reduced vehicle miles traveled. 2. Santa Maria Joint Union High School District Representative: Supported the project, noting that the new Career Technical Education and Agricultural Farm Center would generate significant traffic (including 18 bus trips daily and 252 students) and that the connection would improve circulation and safety for students, staff, and the community.
Motion to Approve Item 3
- A motion was made and seconded to approve the project and move forward. The motion passed unanimously.
Departmental Item No. 4: Oasis Meeting Center Project (Withdrawal)
- The Clerk of the Board read into the record that the applicants had submitted a memo and a letter requesting to withdraw the item from the agenda to return to the board at a later date. The Clerk noted that public comment was limited to the question of withdrawal, and no one had indicated they wished to speak on that specific matter.
Motion to Adopt Staff Recommendations (Item 4)
- A motion was made and seconded to adopt staff recommendations A through C. The motion was clarified to mean withdrawing the item from consideration for the current meeting and directing staff to bring it back as soon as possible. The motion passed unanimously.
Closed Session
- The board recessed to closed session to consider three matters: one case of existing litigation (County of Santa Barbara v. True Horizons) and two matters of anticipated litigation (one involving significant exposure to civil litigation and one involving an administrative claim by Southern California Gas).
- Upon reconvening, the County Counsel reported that the only reportable action concerned the existing litigation case regarding an eminent domain proceeding to replace a bridge at Frenell Point Lane. The Superior Court had issued a ruling on a motion on November 9. The board authorized the filing of a writ petition in the Court of Appeal to challenge that decision. The vote was 4-1 in favor of filing the petition.
Administrative Item 39: Resolution of Accommodation Honoring Supervisor Peter Adam
- The Clerk read a resolution honoring Supervisor Peter Adam for his eight years of service as the 4th District County Supervisor. The resolution acknowledged his background as a farmer, his focus on fiscal responsibility and deferred maintenance (specifically the adoption of a policy setting aside an increased portion of the budget for maintenance), and his advocacy for the agriculture industry.
Public Comment and Remarks
- The following individuals provided remarks:
- Joe Armendariz: Expressed congratulations and noted that Supervisor Adam’s scrutiny of details benefited taxpayers.
- Supervisor Williams: Stated that despite ideological differences, they were unified by practical goals such as safety and infrastructure.
- CEO Miyasato and Mr. Frapwell: Presented a framed Board Inquiry Form (BIF) as a parting gift, citing Supervisor Adam’s consistent requests for increased funding for facilities and deferred maintenance.
- Daniel Nielsen (Department of Social Services): Thanked Supervisor Adam for his thoughtful questions and professional engagement over 7.5 years.
- Bob Nelson: Described Supervisor Adam as a fearless advocate for his values and constituents, and expressed appreciation for his mentorship.
- Barney Malekian: Shared anecdotes about meeting Supervisor Adam, including a farm tour, and described him as authentic and congruent.
- District Attorney Joyce Dudley: Shared personal anecdotes illustrating Supervisor Adam’s directness and humor, including a story about his reaction to a video of her singing.
- Sheriff Bill: Presented a certificate of appreciation on behalf of the Sheriff’s Office, noting Supervisor Adam’s contrarian views brought balance to the board.
- Fire Chief Mark Hartwig: Presented a plaque on behalf of the Fire Department, citing Supervisor Adam’s passion for his constituency and capital planning.
- George Chaption (Community Services Director): Noted that Supervisor Adam’s vision led to nearly $4 million in preventive maintenance funding for parks, which was used for various county-wide projects.
- Mike Gazzone (County Counsel): Highlighted Supervisor Adam’s fair-mindedness and hard work, noting that the 4th District often provided advance notice of difficult questions.
- Former Fire Chief Eric Peterson: Shared his experience working with Supervisor Adam, citing his authenticity and support for the fire department.
- Former Supervisor Janet Wolfe: Shared personal anecdotes about their friendship and collaboration on the board.
- Supervisor Hartman: Described Supervisor Adam as straight-talking and honest, noting that while they often disagreed, the board was largely collaborative.
- Supervisor Lavagnino: Acknowledged a rough start to their working relationship but expressed respect for Supervisor Adam’s family-oriented decision-making. He presented gifts, including "rose colored glasses" and a bank from a unicorn, referencing past discussions.
- Chair Hart: Concluded by describing Supervisor Adam as a passionate, gracious, and honorable maverick who served as a citizen legislator.
- The board asked the audience to stand and thank Supervisor Adam.
Closing Remarks and Presentation of Gifts
- Supervisor Peter Adam delivered closing remarks regarding his eight years of service to the 4th District. He discussed personal and professional experiences during his tenure, including family milestones, agricultural operations, and county issues such as cannabis regulation, food safety audits, the Refugio oil spill, the Thomas fire, the Montecito mudslide, and deferred capital expenses. He stated that he had attempted to make meetings more entertaining and emphasized the importance of staff providing candid advice to the board. He expressed satisfaction with his service and thanked colleagues, staff, and constituents.
- Following the remarks, Steve Lavagnino presented gifts from the board and the CEO’s office. Supervisor Adam received a humidor containing cigars, engraved with an inscription acknowledging his service to the County of Santa Barbara from 2013 to 2020. He also received a personal gift from an unidentified speaker and their husband.
Adjournment
- The Chair announced that the meeting was adjourned. The next scheduled meeting for the Santa Barbara County Board of Supervisors is set for January 12, 2021.