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Board of Supervisors — 2021-03-09

Board of Supervisors — 2021-03-09March 9, 2021

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BodyBoard of Supervisors
MeetingRegular Meeting
Date📅 March 9, 2021

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Meeting Summary

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Present: 5-Lavagnino, Williams, 3-Hartmann, 4-Nelson

This summary was AI-generated to save you time. It may miss or misstate details, so verify against the official recording and the transcript.

At a glance

County Executive Officer’s Report

  • The County Executive Officer recognized Scott Perkins for national honors during National Weights and Measures Week.
  • Dr. Vaughan Dovernoso was recognized as the Assembly Woman of the Year for the 37th Assembly District.

Administrative Agenda Approval

  • The board approved the balance of the administrative agenda while excluding specific items for further discussion or continuance.
  • Item A-10 was continued to the April 6, 2021 agenda, and Item A-11 was pulled for separate consideration.
No decision 0–0

Microenterprise Home Kitchen Operations (MECOs)

  • Public commenters raised concerns regarding public safety, fire suppression, and zoning conflicts with traditional restaurants.
  • Staff clarified that MECOs are subject to standard licensing and have minimal sewer impact due to low volume limits.
  • The board continued the item to May 11, 2021, to allow for additional outreach to the business community and local governments.
Passed 4–0 · unanimous

Honorary Resolution for Tibetan Uprising Day

  • Supervisor Williams supported the resolution by highlighting the need for international attention to human rights abuses in Tibet.
  • A representative from Santa Barbara Friends of Tibet thanked the board for the resolution.

COVID-19 Update

  • Staff reported a 40% decrease in active cases and a 38% decrease in hospitalizations over the past two weeks.
  • Vaccination data showed 71,851 residents vaccinated, with Hispanic and Latino populations disproportionately impacted.
  • The board discussed tier advancement mechanics, testing requirements for vaccinated individuals, and health equity metrics.
  • The board received the file and approved staff recommendations regarding the pandemic response.

CMFA Financing for People’s Self-Help Housing

  • Staff presented a TEFRA hearing for a financing package not to exceed $16 million for the Project Alavista.
  • The board inquired about solar and electric vehicle charging infrastructure, with staff noting current constraints on EV charging.
  • The board approved the staff recommendations for the financing package.
No decision 1–0

Commission for Women 2021 Women’s History Month Service Awards

  • The Commission for Women honored six women leaders from each district in a video ceremony.
  • Commissioners introduced the honorees, who accepted the awards and announced upcoming virtual events.
  • The board received the file for the service awards.
Passed 4–0 · unanimous

Resolution Proclaiming March 2021 as Women’s History Month

  • The Clerk read a resolution declaring March 2021 as Women’s History Month with the theme "Valiant Women of the Vote."
  • The item was accepted as part of the administrative agenda without a new motion.

On-Bill Financing for Exterior Lighting Project

  • Staff requested an On-Bill Financing agreement with SCE to replace over 600 high-energy lamps with LEDs.
  • The project involves a $134,000 loan at 0% interest, repayable through projected annual energy savings.
  • The board approved the staff recommendations, including the finding of available funds and CEQA exemption.
No decision 0–0

Contract for Outside Counsel

  • The board considered a contract for outside counsel with Stromwasser and Woosher LLP.
  • Public commenters raised concerns regarding the Independent Redistricting Commission and potential conflicts of interest.
  • Board members debated whether approving the contract constituted political interference with the commission's independence.
  • The board approved the staff recommendations for the outside counsel contract.
Failed 2–2 · in favor: Williams, Hartmann

Cannabis Compliance Enforcement and Taxation Update

  • Staff reported $2.6 million in Q2 tax revenues and noted that proposed cultivation acreage exceeds established caps.
  • The board discussed the oversubscription of acreage caps and the timeline for Planning Commission hearings.
  • The board directed staff to return with options regarding hemp regulations, over-concentration, and acreage cap oversubscription.
No decision 2–1

Long-Range Planning Division Work Program (FY 2021-2024)

  • Staff presented the recommended work program, including new projects like the Housing Element Update and Environmental Justice Element.
  • The board discussed staffing constraints and the need to suspend certain projects due to resource limitations.
  • The board adopted the staff recommendations and added child care, oil and gas liability, and community plan discussions to the future consideration list.

Palooche Appeal of the Elwood Quarry Revised Conditional Use Permit

  • Staff presented the appeal of the Elwood Quarry CUP extension, noting a mutual agreement between the applicant and appellant.
  • The settlement included changes to project descriptions and modifications to conditions regarding truck trips and road improvements.
  • The board denied the appeal and granted conditional approval of the project with the revised conditions.
Passed 4–0 · unanimous

Commemoration of Father John Hedges

  • Supervisors Hartman and Williams provided remarks honoring the life and service of Father John Hedges.
  • They highlighted his long residence in Isla Vista, his role as a sheriff’s chaplain, and his community outreach efforts.

Closed Session

  • The board entered closed session to consider existing litigation and real property negotiations.
  • Staff reported that no reportable actions were taken during the closed session.

Full summary

Call to Order and Pledge of Allegiance

  • The meeting was called to order with all five supervisors present. The board joined in the Pledge of Allegiance.

Approval of Minutes

  • Item: Approval of the minutes from the March 2, 2021 meeting.
  • Motion: Moved by Supervisor Hartman, seconded by Chair Nelson.
  • Decision: Motion passed unanimously.
Passed 3–0 · unanimous
Passed 4–0 · unanimous

Announcements and Agenda Changes

  • The Clerk announced the following administrative updates:
  • Administrative Item A-10 (Human Resources ordinance and resolution) was continued to April 6, 2021.
  • Administrative Item A-22 (Honorary Resolution for Tibetan Uprising Day) was added to the agenda.
  • Administrative Item A-7 (Contract for outside counsel) was trailed to after closed session.
  • Administrative Item A-21 (Resolution for Women’s History Month) was trailed to after Departmental Item 3.
  • The Clerk reminded the public of procedures for providing verbal public comment via Zoom.

County Executive Officer’s Report

  • The County Executive Officer reported on two recognitions: 1. Scott Perkins, an inspector from the Ag Commission Weights and Measures, was recognized nationally during National Weights and Measures Week. 2. Dr. Vaughan Dovernoso, County Public Health Director, was selected as the Assembly Woman of the Year for the 37th Assembly District.

Approval of Administrative Agenda

  • Discussion: Supervisors Lavagnino and Nelson requested to pull Item A-11. The Clerk noted public requests to speak on Items A-7, A-11, A-22, and A-4.
  • Motion: Moved by Supervisor Hartman to approve the balance of the administrative agenda, excluding Items A-4, A-7, A-11, and A-22, and to include the continuance of Item A-10 to the April 6 agenda. Seconded by Chair Nelson.
  • Decision: Motion passed unanimously.
No decision 0–0

Administrative Item A-4: Behavioral Wellness Early Psychosis Intervention Grant Award

  • Public Comment: One member of the public stated they had no comment.
  • Motion: Moved by Supervisor Hartman, seconded by Chair Nelson.
  • Decision: Motion passed unanimously.
Passed 4–0 · unanimous

Administrative Item A-11: Microenterprise Home Kitchen Operations (MECOs)

  • Description: Consideration of an ordinance amending Santa Barbara County Code Chapter 16 to authorize microenterprise home kitchen operations countywide and a resolution amending food facility fees.
  • Public Comment: Several members of the public, including representatives from the City of Santa Maria and local business owners, expressed concerns regarding public safety, fire suppression, building codes, zoning conflicts, and inequities with traditional restaurants. Some requested a continuance for further vetting and outreach.
  • Board Discussion: Staff explained that unpermitted operations are currently illegal. Supervisors discussed the balance between creating economic opportunity and addressing health, safety, and zoning concerns. Supervisor Williams noted that similar legislation for cottage food industries had been successful. Supervisor Hartman asked about ABC licensing and sewer impacts; staff confirmed MECOs are subject to standard ABC licensing and have minimal sewer impact due to low volume limits. Chair Nelson suggested delaying implementation to allow for further stakeholder conversation.
  • Motion: Moved by Supervisor Hart to continue the item to May 11, 2021, for additional outreach to the business community, local governments, and chambers of commerce. Seconded by Supervisor Lavagnino.
  • Decision: Motion passed unanimously.

Administrative Item A-22: Honorary Resolution for Tibetan Uprising Day

  • Discussion: Supervisor Williams spoke in support of the resolution, highlighting the need for international attention to human rights abuses in Tibet.
  • Public Comment: A representative from Santa Barbara Friends of Tibet thanked the board for the resolution.
  • Decision: The item was addressed as part of the administrative agenda sequence. The Chair stated that the administrative agenda concluded after this item.

General Public Comment

  • Speaker: Katie Mickey.
  • Topic: She stated that small cell installations in Santa Barbara County are being rolled out in violation of FCC requirements and NEPA review mandates. She requested the board require Crown Castle to submit a NEPA review and deny applications until done.

Departmental Item 1: COVID-19 Update

  • Presentation: Dr. Vaughan Dovernoso (Public Health Director) presented data on active cases, hospitalizations, deaths, and vaccination efforts. Key points included:
  • Active cases decreased by roughly 40% over the past two weeks.
  • Cumulative deaths reached 424.
  • Hospitalizations decreased by 38%.
  • 71,851 residents had been vaccinated, with 50% fully vaccinated.
  • Hispanic and Latino populations were disproportionately impacted.
  • The county’s adjusted case rate was 9.7.
  • Vaccination allocations increased by 39% the previous week.
  • Staff provided an update on vaccine uptake in nursing homes, noting an increase from approximately 30% to 70–80% among staff.
  • Board Questions and Discussion:
  • Supervisor Williams urged the public to prioritize public health and economic survivability.
  • Supervisor Lavagnino asked for clarification on tier advancement mechanics and the next age group for vaccination eligibility. Staff explained that tier assignment occurs the day after state goals are met and that the county must remain in the new tier for two weeks.
  • Supervisor Hartman asked about testing requirements for fully vaccinated individuals and variants. Staff explained that symptomatic individuals and those in surveillance settings still require testing, and that current vaccines are effective against the variants present in California.
  • Supervisor Nelson inquired about health equity metrics and school reopening thresholds. Staff clarified that case rates and testing positivity are critical for tier advancement, while health equity metrics gauge advancement to the red tier.
  • Public Comment: Andy Caldwell (CoLab) expressed concern over the pace of vaccinations for agricultural workers and suggested utilizing Dignity Health Services and pharmacies.
  • Staff Response: Staff stated that the county is well-invested in the agricultural sector and continues to offer testing and vaccines at fair parks. Federal partnerships have increased allocations to major pharmacy chains.
  • Supervisor Comments: Supervisor Nelson expressed frustration regarding the low percentage of allocations going to the agricultural sector and stated his office is advocating for employer-based vaccination. Supervisor Hartman highlighted collaboration with UCSB for testing in Isla Vista and noted the transition to the "My Turn" system.
  • Motion: Moved to receive the file and approve staff recommendations A through C. Seconded.
  • Decision: Motion passed unanimously.

Departmental Item 2: CMFA Financing for People’s Self-Help Housing

  • Discussion: Staff presented a TEFRA hearing for a financing package not to exceed $16 million for the Project Alavista. It was noted that the county has no legal or moral obligation for repayment. Supervisor Hartman inquired about solar charging infrastructure and electric vehicle (EV) charging stations. Staff confirmed they are exploring solar options for roofing but not currently planning for EV charging due to parking constraints.
  • Public Comment: A representative from People’s Self-Help Housing stated that while EV charging is not planned for the current project due to space and budget priorities, the organization pre-plumbs new construction sites for future EV charging.
  • Motion: Moved to approve staff recommendations A through C. Seconded.
  • Decision: Motion passed unanimously.

Departmental Item 3: Commission for Women 2021 Women’s History Month Service Awards

  • Discussion: The Commission for Women presented a video ceremony honoring six women leaders, one from each district. Honorees included Megan Torres, Simone Ruskamp, Crystal Farmer Sieghart, Alejandra Mahoney, Lisa Brown, and Reverend Mary Marino Richardson. Commissioners introduced the honorees, who accepted the awards. Commissioner Weisbart announced upcoming "Speak Up" virtual events.
  • Motion: Moved to receive the file. Seconded.
  • Decision: Motion passed unanimously.
Passed 4–0 · unanimous

Administrative Item A-21: Resolution Proclaiming March 2021 as Women’s History Month

  • Discussion: The Clerk read a resolution declaring March 2021 as Women’s History Month in Santa Barbara County, highlighting the theme "Valiant Women of the Vote: Refusing To Be Silenced."
  • Decision: No new motion was required as the item was already accepted as part of the administrative agenda. The board moved to the next item.

Departmental Item 4: On-Bill Financing for Exterior Lighting Project

  • Discussion: Staff presented a request for an On-Bill Financing (OBF) agreement with SCE for an exterior lighting project in the 1st and 2nd Districts. The project involves replacing over 600 high-energy lamps with LEDs. The loan amount is approximately $134,000 at 0% interest, to be repaid through projected annual energy savings of $34,000. Supervisor Hartman asked about future projects; staff indicated that the BetterAvia complex is currently being addressed and the Foster Road complex is a potential future candidate.
  • Motion: Moved to accept staff recommendations A through C (finding funds available, approving the chair to execute the agreement, and defining the project as CEQA exempt). Seconded.
  • Decision: Motion passed unanimously.
No decision 0–0

Closed Session

  • Discussion: The board entered closed session to consider three matters: existing litigation (Pickering et al. v. County of Santa Barbara), existing litigation (County of Santa Barbara v. True Horizons), and real property negotiations involving 310 Camino del Remedio (Casa Omega).
  • Outcome: Upon reconvening, staff reported that there were no reportable actions taken during the closed session.

Administrative Item A-7: Contract for Outside Counsel

  • Discussion: The board considered a contract for outside counsel with Stromwasser and Woosher LLP.
  • Public Comment: Scott Rafferty expressed concerns regarding the Independent Redistricting Commission, alleging conflicts of interest and inappropriate conduct by the commission’s demographer/administrator. He urged the board to attach conditions to the contract to ensure the commission remains faithful to its role and to disclose communications.
  • Board Discussion: Supervisor Williams, as the author of the Independent Redistricting Commission, stated that the board should not use its power of the purse to interfere with the commission’s independence. Other members expressed concern that approving the contract for a specific firm could be perceived as political interference, while others argued that the commission is independent and its unanimous selection should be respected.
  • Motion: Moved by Supervisor Hart to approve staff recommendations A and B. Seconded by Supervisor Hartman.
  • Decision: Motion passed (3-2).
Failed 2–2 · in favor: Williams, Hartmann

Departmental Item 5: Cannabis Compliance Enforcement and Taxation Update (Q2 FY 2020-2021)

  • Presentation: Staff presented an update on the county’s cannabis program, including tax revenues, land use permitting, business licensing, enforcement, and the retail storefront selection process. Key points included:
  • Tax Revenues: $2.6 million collected in Q2, a 30% increase year-over-year.
  • Land Use: 25 project permits issued to date; 103 projects under review. Proposed cultivation acreage exceeds the established caps in both inland and Carpinteria areas.
  • Licensing: 20 business licenses issued; 70 pending.
  • Enforcement: 64 plants and 180 pounds of product confiscated in Q2.
  • Retail Selection: Phase 3 (Neighborhood Compatibility Plan review) is underway for 20 applicants.
  • KPMG Recommendations: Progress on online licensing platform (Acela) is expected to take 1-2 years for full integration.
  • Discussion: Discussion focused on the oversubscription of acreage caps, the timeline for Planning Commission hearings, and the distinction between nursery and cultivation tax reporting.
  • Public Comment: Representatives of the Carp Growers Association highlighted economic benefits, employment, and challenges regarding processing times and license application timing.
  • Motion: Moved by Supervisor Hartman to receive the update and direct staff to return with options regarding:
  • 1. Hemp regulations and local discretion. 2. Over-concentration of cannabis in the Santa Rita Hills area. 3. The process for handling acreage cap oversubscription. Note: Supervisor Williams added a request to consider adding additional Planning Commission meetings when necessary to expedite hearings. Seconded by Supervisor Williams.
  • Decision: Motion passed (4-1).

Departmental Item 6: Long-Range Planning Division Work Program (FY 2021-2024)

  • Presentation: Dan Clement, Deputy Director for Long Range Planning, presented the recommended work program for the Planning and Development Department. The presentation covered accomplishments from the current year, considerations for the new program, components of the recommended program, and public comments received.
  • Accomplishments: Staff reported completing several projects despite staffing shortages, including SoCalGas advanced meter ordinance amendments, cannabis land use ordinance amendments, interim Greenhouse Gas (GHG) CEQA emissions goals, Orcutt community plan amenities, the Santa Claus Lane project entitlement process, and SB 7043 Vehicle Miles Traveled (VMT) thresholds.
  • Grants and New Projects: Staff reported receiving Regional Early Action Planning (REAP) and Local Early Action Planning (LEAP) grants to support housing-related work. New projects initiated include the Housing Element Update, an Environmental Justice Element, utility-scale solar ordinance amendments, and agricultural enterprise ordinance amendments.
  • Priorities and Constraints: Staff outlined priorities for the next fiscal year, focusing on state-mandated projects and county-sponsored projects. Due to resource constraints, staff recommended suspending work on the Coastal Resiliency LCPA, Short-Term Rentals LCPA, and a new Zoning Ordinance Amendments package.
  • Staffing and Outsourcing: Staff estimated labor requirements at approximately 4.5 FTEs for services and operations, plus additional FTEs for specific projects.
  • Board Comments:
  • Supervisor Hart expressed interest in facilitating child care opportunities and addressing Environmental Defense Center (EDC) recommendations regarding oil and gas liability.
  • Supervisor Williams identified planning as a bottleneck for policy implementation and supported authorizing additional staff positions if recruitable.
  • Supervisor Hartman requested that the Isla Vista Master Plan update be included in the work program and raised the need for community plans in areas like Burton Mesa, Vandenberg Village, and Mission Hills.
  • Supervisor Lavagnino noted the high volume of work relative to staffing and declined to add further projects.
  • Chair Nelson asked about outsourcing opportunities and noted interest in child care fee structures, abandoned well plugging, and reviewing previously allocated Regional Housing Needs Allocation (RHNA) numbers.
  • Director Plowman raised the issue of cannabis over-concentration in Santa Rita Hills, noting that addressing it would require approximately 0.2 FTEs and might slow down other projects.
  • Public Comment:
  • Brian Troutwine (Environmental Defense Center) requested that the work program include amendments to expand the change of owner/operator ordinance to onshore oil and gas, mandate liability retention upon asset transfer, include termination dates for drilling plans, and strengthen the definition of "high-risk operation" under the Petroleum Code.
  • Mark Fugsovich (Isla Vista Resident) supported Supervisor Hartman’s comment regarding the Isla Vista Master Plan update.
  • Spencer Brandt (Isla Vista Resident) requested that Isla Vista be included in the long-range work program for a focused update of the 2007 Master Plan.
  • Motion: Moved by Director Plowman to adopt the staff recommendations (A, B, and C) and to add the following projects to the work program list for future consideration when slots are available:
  • 1. Child care permit streamlining. 2. Environmental Defense Center’s proposed issues regarding oil and gas transfer, liability, and high-risk operations. 3. A broad placeholder for community plan discussions (including Isla Vista, Orchid, and other areas lacking plans). Seconded by Supervisor Williams.
  • Decision: Motion passed unanimously.

Palooche Appeal of the Elwood Quarry Revised Conditional Use Permit and Reclamation Plan

  • Presentation: Aaron Briggs, Planner, presented the appeal of the Elwood Quarry Revised Conditional Use Permit (CUP) and Reclamation Plan.
  • Project Background: The applicant, Santa Barbara Sand and Topsoil, operates the Elwood Quarry on a 191-acre parcel zoned Ag 2. The applicant seeks a further extension to December 31, 2043, due to lower-than-anticipated market demand.
  • Appeal and Settlement: The Planning Commission approved the project in July 2019. The neighbor, Ron Palucci, appealed. The parties reached a mutual agreement involving changes to the project description and modifications to Conditions 9 and 56. Key changes include removing the onsite station scale upon termination, limiting non-agricultural truck trips to the shared access roadway, and making agreed-upon improvements to Elwood Canyon Road.
  • Environmental Review: Staff prepared an EIR addendum addressing the time extension, finding no changes to impacts analyzed in the original EIR and no need for a subsequent EIR.
  • Staff Recommendation: Deny the appeal (Case No. 19 APL 26), make required findings for approval, determine no subsequent EIR is required, and grant conditional approval of the project (Case Nos. 17 RBP 82 and 18 RBP 16) subject to conditions, including the revised Condition 56.
  • Ex Parte Disclosures: Board members disclosed communications with the applicant, appellant, and their representatives, including site visits and meetings.
  • Party Comments:
  • Susan Petrovich (Appellant’s Attorney) stated that the parties reached a solution and supported the staff report as revised.
  • Mr. Candy (Applicant’s Attorney) expressed support for the settlement, noting it provides certainty and improves the relationship with the neighbor. He supported the denial of the appeal and adoption of the project as modified.
  • Public Comment: No public comments were received.
  • Motion: Moved by Supervisor Hartman to adopt the staff recommendations (A through D) with the revised Condition 56 incorporated into the findings. Seconded by Supervisor Williams.
  • Decision: Motion passed unanimously.
Passed 4–0 · unanimous

Commemoration of Father John Hedges

  • Discussion: Supervisor Hartman and Supervisor Williams provided remarks regarding the life and service of Father John Hedges.
  • Supervisor Hartman noted that Father Hedges lived in Isla Vista for over 50 years, was a member of the first Community Services District (CSD) board, and supported community initiatives such as the pallet park. She stated that he responded to various disasters and mass casualty events and maintained a focus on community comfort.
  • Supervisor Williams stated that Father Hedges arrived in Isla Vista in 1968, served as a sheriff’s chaplain, and engaged in homeless outreach. He noted that Father Hedges worked for the county and his church but described his primary allegiance as being to his religious convictions.
  • Motions/Decisions: No motions were made, seconded, or decided during this segment.

Adjournment

  • Decision: The meeting was adjourned.
  • Next Meeting Date: Tuesday, March 16, 2021.