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Board of Supervisors — 2021-05-04

Board of Supervisors — 2021-05-04May 4, 2021

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BodyBoard of Supervisors
MeetingRegular Meeting
Date📅 May 4, 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 reported no business for the morning session.
Passed 4–0 · unanimous
Passed 4–0 · abstained: Hartmann

Approval of Administrative Agenda

  • The Board approved the Administrative Agenda with exceptions for Items A19, A22, A48, and A53, which were addressed separately.
  • Items A19, A22, and A48 were pulled by the public, while Item A55 was presented as a resolution.
Passed 4–0 · unanimous

Laguna County Sanitation District – North Trunk Line Rehabilitation Phase 2

  • The Board addressed a bid protest alleging the low bidder lacked experience with ultraviolet cure technology.
  • Staff and the District representative confirmed the award followed the Public Contract Code to the lowest responsible bidder.
  • The Board approved the contract award, noting protections such as liens, holdback payments, and a one-year guarantee.
Passed 4–0 · unanimous

Resolution Expressing Interest in Central Coast Public Bank Viability Study

  • The Board discussed public comments regarding potential cost savings versus financial risks of a public bank.
  • The Board added a provision prohibiting the feasibility study contractor from bidding on the creation or management of the bank.
  • The Board approved the resolution to participate in the viability study with the added protection.
Passed 3–1 · against: Lavagnino

Honorary Resolution Proclaiming May 2021 as Asian American and Pacific Islander Heritage Month

  • A member of the public shared family history related to Chinese American veterans and highlighted AAPI contributions.
  • Supervisors expressed support for recognizing AAPI history and opposing hate crimes.
  • The Board approved the resolution unanimously.

Resolution Proclaiming May 2021 as Wildfire Community Preparedness Month

  • Supervisor Hartman presented a video detailing wildfire preparedness measures, including defensible space zones and home hardening.
  • The Board approved the resolution unanimously.
Passed 4–0 · unanimous

Resolution Proclaiming National Nurses Day and Week

  • Public Health representatives highlighted the vital role nurses played in pandemic response, including testing and vaccination.
  • Supervisors spoke in support of recognizing the contributions of nurses during the COVID-19 pandemic.
  • The Board approved the resolution unanimously.
No decision 0–0

Update on Coronavirus Disease 2019 (COVID-19)

  • Public Health staff reported an adjusted case rate of 4.6 and a testing positivity rate of 1.6%.
  • Staff noted that 47.1% of residents had received at least one vaccine dose and 33.3% were fully vaccinated.
  • The Board approved staff recommendations regarding the pandemic update and outreach efforts.
Passed 4–0 · unanimous

Behavioral Wellness Department Retirement Waiver and Extra Help Services

  • The department requested approval for a retired Patient’s Rights Advocate to return part-time to assist with training and transition.
  • County Counsel noted the action safeguards the department against potential changes in executive orders regarding retired annuitants.
  • The Board approved the waiver and extra help services unanimously.
Passed 4–0 · unanimous

County Service Area 12 (Mission Canyon) Sewer District

  • Public Works staff proposed no changes to the annual sewage charge of $316.82 for the Mission Canyon Sewer District.
  • The Board accepted the staff recommendations and approved the rate establishment.

Benefit Assessments for County Service Areas 3 and 31 and Santa Barbara North County Lighting District

  • Staff proposed benefit assessments of $24.00 per parcel for CSA 3 and $12.93 per parcel for CSA 31.
  • No assessment was proposed for the Santa Barbara North County Lighting District as property tax revenues are sufficient.
  • The Board approved the benefit assessments for fiscal year 2021–2022.
Passed 4–0 · unanimous

Fiscal Year 2021–2022 Public Safety Realignment Act Plan

  • Staff reported a 6% increase in the realigned population to 484 individuals and highlighted a 80% completion rate for pretrial supervised release.
  • The plan includes $13.46 million in allocations and utilizes $15.6 million in unspent prior-year revenue for housing and mental health initiatives.
  • The Board approved the plan, discussing the effectiveness of realignment in reducing prison populations and improving re-entry services.
Passed 4–0 · unanimous

Appeal of Planning Commission Approval (Case No. 21 APL 3)

  • The Board reviewed an appeal regarding a 29.78-acre cannabis cultivation project, focusing on odor abatement, water rights, and CEQA compliance.
  • Staff recommended denying the appeal, finding the project consistent with the Local Use Development Code and Community Plan.
  • The applicant presented evidence of riparian water rights and a tiered odor mitigation plan, while the appellant argued for insufficient evidence on water and odor.
  • The Board denied the appeal and approved the project, with one supervisor abstaining.

Closed Session

  • The Board considered existing litigation, potential civil litigation, a real property negotiation, and labor conferences.
  • County Counsel reported no reportable actions from the closed session upon reconvening.

Full summary

Meeting Opening and Announcements

  • The May 4, 2021, meeting of the Santa Barbara County Board of Supervisors was called to order. The Clerk announced that meetings are now interpreted and broadcast live in Spanish via secondary audio programming for Cox and Comcast Cable subscribers. The Clerk also outlined procedures for public participation via Zoom, including registration requirements and time limits.

Approval of Minutes

  • Item: Approval of minutes from the April 12, 14, and 16, 2021, budget workshops and the April 20, 2021, regular meeting.
  • Action: A motion was made and seconded to approve the minutes.
  • Outcome: The motion passed unanimously.
Passed 4–0 · unanimous

County Executive Officer’s Report

  • Item: Report from the County Executive Officer.
  • Action: The County Executive Officer reported no business for the morning.
Passed 4–0 · unanimous
Passed 4–0 · abstained: Hartmann

Approval of Administrative Agenda

  • Item: Approval of the Administrative Agenda.
  • Action: Supervisor Lavinino requested to pull Item A22. The Clerk confirmed that Items A19, A22, and A48 had been pulled by the public, and Item A55 would be presented as a resolution. A motion was made to approve the Administrative Agenda with the exceptions of Items A19, A22, A48, and A53, which were addressed separately.
  • Outcome: The motion passed unanimously.
Passed 4–0 · unanimous

Administrative Item A19: Laguna County Sanitation District – North Trunk Line Rehabilitation Phase 2

  • Discussion: A member of the public submitted a bid protest, arguing that the low bidder lacked sufficient experience with ultraviolet cure technology and had misrepresented past project experience. County staff and the District representative stated that the bid was awarded in accordance with the Public Contract Code to the lowest responsible and responsive bidder. The District representative noted the contractor had successfully completed a pilot project and met licensing and certification requirements. The Board discussed contract protections, including liens, holdback payments, and a one-year guarantee.
  • Action: A motion was made to approve the award of the contract.
  • Outcome: The motion passed unanimously.
Passed 4–0 · unanimous

Administrative Item A22: Resolution Expressing Interest in Central Coast Public Bank Viability Study

  • Discussion: Five members of the public spoke. Four speakers expressed support for the resolution, citing potential cost savings, local control of public funds, partnership opportunities with community banks, and the precedent of the Bank of North Dakota. One speaker opposed the resolution, arguing that public banks carry significant financial risks, that the current banking system is not broken, and that the county should focus on its core mission rather than entering the banking industry.
  • Board Discussion: Supervisor Lavinino expressed opposition, citing previous studies showing high risks and long break-even periods, and characterized the proposal as government overreach. Supervisors Hartman, Williams, and Hart expressed support for proceeding with the feasibility study, emphasizing the potential for infrastructure funding and local economic benefits. Chair Nelson indicated willingness to support the study if specific protections were added. The Board agreed to include a provision in the motion advising that the entity conducting the feasibility study be prohibited from bidding on the creation or management of the bank itself, mirroring protections used in previous Community Choice Energy studies.
  • Action: A motion was made to approve staff recommendations A through C, including the resolution to participate in the viability study, with the added direction that the feasibility study contractor be prohibited from bidding on the bank's creation.
  • Outcome: The motion passed four to one.
Passed 3–1 · against: Lavagnino

Administrative Item A48: Honorary Resolution Proclaiming May 2021 as Asian American and Pacific Islander Heritage Month

  • Discussion: A member of the public spoke in support of the resolution, sharing personal family history related to Chinese American veterans and highlighting the contributions of the AAPI community while acknowledging recent anti-Asian hate crimes.
  • Board Discussion: Supervisors Williams and Hart spoke in support of the resolution, emphasizing the importance of recognizing AAPI history and contributions, and expressing opposition to hate crimes.
  • Action: A motion was made to approve the resolution.
  • Outcome: The motion passed unanimously.

Administrative Item A53: Resolution Proclaiming May 2021 as Wildfire Community Preparedness Month

  • Discussion: Supervisor Hartman presented a video produced by the Fire Safe Council and PG&E detailing wildfire preparedness measures, specifically focusing on "defensible space" zones (Zone 0, Zone 1, and Zone 2) and home hardening techniques.
  • Action: A motion was made to approve the resolution.
  • Outcome: The motion passed unanimously.
Passed 4–0 · unanimous

Administrative Item A55: Resolution Proclaiming National Nurses Day and Week

  • Discussion: The Clerk read the resolution into the record, recognizing the contributions of nurses during the COVID-19 pandemic. Two representatives from the Public Health Department spoke, thanking the Board for the recognition and highlighting the vital role nurses played in pandemic response, including testing, contact tracing, and vaccination efforts. Supervisors Hart and Williams also spoke in support of the recognition.
  • Action: A motion was made to approve the resolution.
  • Outcome: The motion passed unanimously.
No decision 0–0

General Public Comment

  • Live Oak Trail Pilot Project: Kathy Rosenthal, representing the Santa Ynez Valley Riders, requested a transparent process for changes to the Live Oak Trail, the county’s only designated equestrian trail. She stated that the current pilot project lacks a method for accurate data collection and that the current fee payment system (cash-only via Iron Ranger) does not account for yearly pass holders. Rosenthal requested the Board direct the Parks Division to revert to the previous visitor check-in method (main gate check-in with gate codes) and to prohibit mountain bikes on Live Oak Trail, suggesting instead that mountain biking remain on the south shore of Lake Cachuma and equestrian activities on the north shore. Dawn Perrine, an equestrian, echoed these requests, asking the Board to hold the Parks Division accountable for implementing safety measures and accurate data gathering immediately. She also raised safety concerns regarding the placement of an outhouse and parking areas near the trail.
  • Wireless Small Cell Facilities: Anne O’Dyell-Thomas urged the Board to join over 30 California cities and counties in opposing state bills SB556, SB378, and AB537. She stated that these bills would shift decision-making power over the location of small cell towers from local planning departments to the telecom industry, potentially allowing installations close to residences without local review.
  • Hot Springs Trail Access: Brian Rosen expressed concern that the Parks Department had installed signs limiting trail access hours without public input or process. He noted that the trail has been used for over 200 years and requested that any changes to access or parking regulations be placed on the agenda for public comment. He also cited issues with parking tickets issued on Hot Springs Road without adequate signage.
  • Cannabis Cultivation: Nancy Emerson, representing WEWATCH and a land use/environmental organization, requested a short-term pause on Ag2 applications and appeals for cannabis cultivation between Buellton and Lompoc. She stated that recent approvals of large-scale projects are approaching a "tipping point" for odor issues and that a pause is needed while the Board considers long-term limits on concentration in the Santa Rita Hills.
  • Corrections and Nursing Recognition: Sheriff Bill Brown reminded the Board and public that the current week is National Correctional Officers Week and National Nurses Week. He highlighted the work of custody deputies and WellPath medical partners in maintaining safety and providing accredited healthcare during the pandemic.
Passed 4–0 · unanimous

Departmental Item 1: Update on Coronavirus Disease 2019 (COVID-19)

  • Discussion: Public Health staff presented metrics indicating an adjusted case rate of 4.6 and a testing positivity rate of 1.6%. Vaccination data showed 47.1% of county residents had received at least one dose, and 33.3% were fully vaccinated. Staff detailed mobile vaccination clinic efforts, including partnerships with agricultural sectors, community organizations, and faith-based groups. The quarterly report noted that working-age adults (18–49) had the highest proportion of cases, and Hispanic and Latino community members were disproportionately represented in cases, hospitalizations, and deaths. Staff indicated that vaccine demand was decreasing, allowing for flexible ordering.
  • Board Comments: Supervisors thanked the Public Health Department for their outreach efforts. Supervisor Williams requested demographic data on who is and is not vaccinated to better target outreach, noting that while current numbers are good compared to other areas, they are insufficient to end the pandemic. Supervisor Hartman encouraged vaccination, noting the importance of protecting those who cannot be vaccinated.
  • Motion: Supervisor Hartman moved to approve recommendations A through C. Supervisor Lavagnino seconded.
  • Vote: The motion passed unanimously.

Departmental Item 2: Behavioral Wellness Department Retirement Waiver and Extra Help Services

  • Discussion: Celeste Anderson, Chief of Compliance for Behavioral Wellness, requested approval to allow Kay Thomas, the Patient’s Rights Advocate, to return to work part-time as an extra help employee. Anderson explained that Thomas retired due to a family emergency but wished to assist in training and transitioning the state-mandated position. Anderson noted that the department is in the early stages of recruiting a replacement and that an assistant advocate is currently covering vital functions.
  • Board Comments: County Counsel noted that bringing the item to the agenda safeguards the department against potential changes in executive orders regarding retired annuitants. Supervisor Nelson acknowledged the critical, legally required nature of the position and the emergency circumstances.
  • Motion: Supervisor Lavagnino moved to approve items A through C. Supervisor Hart seconded.
  • Vote: The motion passed unanimously.
Passed 4–0 · unanimous

Departmental Item 3: County Service Area 12 (Mission Canyon) Sewer District

  • Discussion: Public Works staff presented the annual rate establishment for the Mission Canyon Sewer District (CSA 12). The department proposed no changes to the annual sewage charge of $316.82.
  • Motion: Supervisor Williams moved to accept staff recommendations. The motion was seconded.
  • Vote: The motion passed unanimously.

Departmental Item 4: Benefit Assessments for County Service Areas 3 and 31 and Santa Barbara North County Lighting District

  • Discussion: Public Works staff presented the establishment of benefit assessments for CSA 3 ($24.00 per parcel), CSA 31 ($12.93 per parcel), and the Santa Barbara North County Lighting District (no assessment, as property tax revenues are sufficient) for fiscal year 2021–2022. The department proposed no changes from the previous year.
  • Motion: Supervisor Hartman moved to approve staff recommendations A and B. The motion was seconded.
  • Vote: The motion passed unanimously.
Passed 4–0 · unanimous

Departmental Item 5: Fiscal Year 2021–2022 Public Safety Realignment Act Plan

  • Discussion: Chief Probation Officer Tanya Heitmann and Deputy Chief Kim Sheehan presented the FY 2021–2022 Realignment Plan. They reported that the combined realigned population (Post-Release Community Supervision and Post-Sentence Supervision) increased by 6% to 484 individuals. The plan emphasizes evidence-based treatment, case management, and jail reduction strategies. Highlights included the expansion of the Reentry Steering Committee to include formerly justice-involved individuals, the implementation of a Racial and Ethnic Equity and Inclusion Subcommittee, and the success of the pretrial supervised release program (80% completion rate).
  • Upcoming Initiatives: Staff outlined plans to move a supportive housing pilot into the ongoing budget, the launch of a Neighborhood Court Pilot Program in Goleta, and the groundbreaking for a sanctuary housing project in Santa Barbara. Additionally, the Community Corrections Partnership approved funds to reserve two forensically focused beds at the Lompoc Crestwood Champion Center as a pilot project for a mental health rehabilitation center.
  • Financial Details: Staff presented the FY 2021-22 Public Safety Realignment Plan, noting an estimated allocation of $13.46 million and a required fund balance of $1.96 million. Staff explained that FY 2019-20 actual revenue was lower than budgeted, resulting in no growth funds; the county utilized $850,000 in state backfill funding and $1.1 million in unspent prior-year funding to balance the expenditure plan. Staff reported that $15.6 million in unspent prior-year realignment revenue remains in fund balance, with specific allocations identified for the Santa Barbara Probation Report and Resource Center expansion ($1.5 million), the Mental Health Rehabilitation Center ($3 million, already transferred), and a permanent housing facility for justice-involved clients ($2.49 million). After accounting for these allocations, reserves, and the current year’s budget needs, $6.5 million in unallocated fund balance would remain. The plan includes $154,500 for the second year of the Neighborhood Courts pilot program in Goleta and $40,000 for Criminal Justice Data Committee support.
  • Board Discussion: Supervisors discussed the plan’s focus on housing, restorative justice, and jail population reduction. Supervisor Hart highlighted the 83% success rate of the pretrial supervision program and the collaboration between the Sheriff’s Office, Probation Department, and County Executive Office regarding alternative sentencing. Supervisor Williams inquired about the feasibility of funding a felony diversion program using the available fund balance before the next fiscal year. Chief Heitmann responded that additional allocations could be approved via budget revision using the fund balance. Supervisor Lavagnino asked for an assessment of realignment’s effectiveness over the past decade. Chief Heitmann stated that realignment has been successful in reducing prison populations and improving local re-entry services, citing investments in housing and holistic defense as key benefits. Supervisor Hartmann asked for clarification on the $40,000 data needs allocation. Chief Heitmann explained this funds a consultant supporting the data dashboard project, as the permanent position remains vacant. The Clerk of the Board asked for details on the Aegis/IJIS data project partnerships. Chief Heitmann reported that the Probation Department is the lead, with full partnerships and completed integration from the Sheriff’s Department and Courts. The DA’s Office and Public Defender are signed on and working on integration, while Behavioral Wellness is signed on and receiving data. Preliminary conversations have occurred with city police departments, but county departments are prioritized first.
  • Public Comment: Andy Caldwell, representing CoLab, commented that the decarceration movement is proceeding too quickly and questioned the tracking period for recidivism statistics. He suggested adjusting crime statistics for Propositions 47 and 57 and comparing local statistics to pre-program baselines and other states. Supervisor Williams responded that three-year tracking is standard based on studies indicating most re-offending occurs within that timeframe.
  • Motion: A motion was made to approve items A through C in the staff report. The motion was seconded.
  • Outcome: The motion passed unanimously.

Closed Session

  • The board recessed to closed session to consider four matters: existing litigation (McIsaac v. County of Santa Barbara), a decision whether to initiate civil litigation, a real property negotiation concerning 6549 El Callejo Road, and conferences with labor negotiators. Upon reconvening, the County Counsel reported that there were no reportable actions from the closed session.

Departmental Item 6: Appeal of Planning Commission Approval (Case No. 21 APL 3)

  • Housekeeping and Ex Parte Communications: The board approved five late-submitted documents received after the deadline, including public comments and an applicant letter. The motion to approve the late submittals was seconded and passed unanimously.
  • Supervisors disclosed ex parte communications regarding the project:
  • Supervisor Hartmann reported a Zoom meeting with the owner/operator and agent regarding the odor control plan and process, and a call with the appellant’s attorney.
  • Supervisor Hart reported a meeting with the owner/operator regarding the project and odor control.
  • Supervisor Lavagnino reported meeting with the owner/operator four or five times over the last three years and visiting the property twice.
  • Supervisor Williams reported a virtual meeting with the applicant and agents, and a conversation with the appellant’s attorney.
  • Chair Nelson reported a facility tour with the owner/operator and agent, and a prior visit during their time as staff.
  • Staff Presentation: Staff presented Case No. 21 APL 3, an appeal by the Santa Barbara County Coalition for Responsible Cannabis of the Planning Commission’s approval of the Central Coast Agriculture Inc. cannabis cultivation project. The project involves 29.78 acres of cannabis cultivation (including hoop houses and indoor cultivation) and on-site processing on a 68.18-acre parcel in the Ag Two Zone District, located south of Highway 246 and west of Highway 101. The Planning Commission approved the project on January 13, following continuations to refine the odor abatement plan and address utility undergrounding.
  • Staff addressed six appeal issues:
  • 1. Odor Abatement: Staff found the odor plan consistent with Local Use Development Code (LUDC) and Community Plan requirements, noting that neither limits odor at the property line. The plan includes best available control technology and corrective actions. 2. CEQA Compliance: Staff found the project compliant with CEQA, covered by the Programmatic EIR (PEIR), and that no additional environmental review is necessary. Staff rejected claims regarding terpenes and air quality impacts, noting a lack of evidence that cannabis terpenes impact surrounding crops. 3. Illegal Expansion: Staff found the project will comply with the LUDC and that the applicant is working to abate zoning violations. Staff noted the board has discretion to conclude that permit issuance cures alleged violations. 4. Transportation: Staff found the transportation demand management plan consistent with the LUDC, including trip reduction methods and monitoring. 5. Comprehensive Plan Consistency: Staff found the project consistent with the Santa Ynez Valley Community Plan, Scenic Highways Element, Open Space Element, and Agricultural Element. Staff noted the project is not visible from scenic highways and will maintain agricultural character. 6. Findings and Evidence: Staff found sufficient evidence to make required findings, including that odor will not be experienced in residential zones and that landscaping will screen the project.
  • Staff recommended the board deny the appeal, make required findings, determine the PEIR is adequate, and grant de novo approval of the project subject to conditions.
  • Board Questions and Discussion:
  • Supervisor Hartmann asked about the water source and county obligations regarding water rights. Staff indicated the water comes from a well (groundwater) reviewed by Environmental Health Services, and that the county does not adjudicate water rights, which are handled between the applicant and the state.
  • Chair Nelson asked if illegal construction could be grounds for denial. County Counsel stated the board has discretion to conclude that issuing the permit cures alleged violations.
  • Appellant Presentation: Mark Citillo, representing the Santa Barbara Coalition for Responsible Cannabis, argued that the board must make specific findings based on evidence, not rely on programmatic EIR statements. He raised concerns about:
  • Illegal Expansion: Citing LUDC provisions on penalties for unpermitted development, he argued the county should not recognize illegal expansion beyond non-conforming uses.
  • Rural Character: He questioned the compatibility of hoop houses and storage containers with the scenic rural character of the area.
  • Odor Abatement: He criticized the organization of the odor abatement plan, which is split across multiple documents, and requested the board direct staff to develop a single cohesive plan.
  • Water Supply: He argued the record lacks evidence of adequate water supply or legal water rights, noting the site is in a riparian area and the State Water Resources Control Board indicated no groundwater diversion is allowed.
  • Williamson Act: He stated the county is ignoring Williamson Act requirements for compatibility findings between existing agriculture and new cannabis projects.
  • CEQA and General Plan: He argued the board lacks sufficient evidence to support CEQA findings and findings of compatibility with the General Plan.
  • Applicant Presentation:
  • John Macrill, CEO of Central Coast Agriculture, provided background on the company’s mission to develop cannabis as a modern agricultural crop. He noted the company has four divisions (breeding/research, cultivation, manufacturing, sales/branding) and that the site is used for research and development and cultivation. He highlighted positive relationships with neighboring farms and businesses, and letters of support from the Santa Barbara County Food Bank and the City of Lompoc.
  • Lindsay Coakley, representing CCA, presented the project’s history, sustainability practices, and neighborhood compatibility measures. Key points included:
  • Sustainability: CCA utilizes organically based breeding, precision agriculture, and high-technology water efficiency measures (soil moisture monitors, drip irrigation, plastic mulch). CCA reports water usage to the Department of Fish and Wildlife and the State Water Resources Control Board, noting usage is 3–5 times lower than typical California cannabis operations. The facility holds Clean Green certification and is pursuing OCAL and Grass Seed Program certifications.
  • Neighborhood Compatibility: The project includes a northern buffer zone (non-cultivated), landscaping installed in December 2020 to screen the facility, and 24-hour private security. A transportation demand management plan includes reserved carpooling spots and incentives for employees.
  • Project History & Conditions: The Conditional Use Permit (CUP) was issued in October with 45 conditions, including an odor abatement plan and the removal of refrigerated storage containers within three years. CCA is working to relocate these containers.
  • Odor Control: CCA employs tiered odor mitigation, including freezing product within 20–30 minutes of harvest, using plants with lower terpene levels, and installing a vapor phase unit. The complaint response process involves immediate activation of the vapor phase system for the first complaint and a "purple tier" response (including certified industrial hygienist assessment and weather data analysis) for subsequent complaints.
  • Board Questions and Staff Response:
  • Water Rights: Supervisor Hartman and Supervisor Lavagnino inquired about the source of water and the county’s verification of water rights. CCA stated it holds riparian rights due to the property’s location over the San Ynez River and also utilizes a groundwater well. Staff explained that the standard process involves obtaining "can-and-will serve" letters for wells and environmental health reviews. Staff confirmed this is the standard procedure for all development projects, not just cannabis.
  • Odor Plan Transparency: Supervisor Hartman requested a more user-friendly guide for the public regarding the odor complaint process. Legal counsel advised against approving a reorganized document without a continuance to avoid future legal ambiguity, suggesting instead that a plain-English summary could be provided between now and the business license issuance. Supervisor Lavagnino opposed a continuance for this purpose, noting the applicant’s willingness to collaborate.
  • Public Comment: Seven speakers addressed the board:
  • 1. Leo Welder (Beta Scientific/North County Farmers Guild): Supported the project, citing economic benefits, job creation, and CCA’s role in the local cannabis industry. 2. Sarah Rotman (Colleague/Neighbor): Supported the project, describing CCA as ethical farmers and responsible neighbors. 3. Ted Fox (North County Farmers Guild): Supported the project, highlighting CCA’s community leadership and food bank partnerships. 4. Renee O’Neill (Santa Barbara Coalition for Responsible Cannabis): Opposed the project until water rights and odor control issues are fully resolved, citing concerns about the initial PEIR adoption and lack of transparency. 5. Colleen Bunch (Resident): Supported the project, citing economic benefits and community support during the pandemic. 6. Nancy Emerson (We Watch in the Santa Ynez Valley): Supported the appeal, requesting defined odor control/monitoring during harvest, full resolution of water rights, and county-funded monitoring equipment in Buellton. 7. Deborah Eagle: Did not provide comments due to technical difficulties.
  • Rebuttals:
  • Appellant (Mark Citillo, Coalition for Responsible Cannabis): Argued that the record lacks sufficient evidence of water rights as required by the EIR. He requested a continuance to clarify water rights and to integrate the odor abatement plan into a model document. He acknowledged the improvements in slides 27 and 28 but maintained that water rights must be proven.
  • Applicant (Colleen Bunch/CCA): Rebutted the water rights concern, stating they hold riparian rights and have a hydrology study showing no impact on river flow. They presented slides 27 and 28 as amendments to the project description and odor abatement plan, including a VOC testing study over two years and expanded community outreach (1,000-foot radius and Buellton zip code). CCA noted a side agreement with the appellant to refrain from filing a CEQA lawsuit if these amendments are approved.
  • Board Deliberations:
  • Supervisor Hartman: Expressed support for the project, acknowledging the improvements made through collaboration. She noted that while the water issue is legitimate, staff confirmed it follows standard county procedures. She opposed a continuance, believing the ongoing communication process would allow for better documentation later.
  • Supervisor Lavagnino: Supported the project, noting that the odor control plan sets a high standard for the industry. He stated that the water issue was adequately addressed by staff and that a full EIR for every project is not feasible.
  • Supervisor Williams: Supported the project, particularly with the additional conditions. He questioned the efficacy of vapor phase in outdoor settings but acknowledged the effort made by both parties.
  • Supervisor Hartman (Reiterated): While impressed by the collaboration, she raised concerns about the expansion of the legal non-conforming use and the concentration of cannabis operations in the Santa Rita Hills. She expressed a strong inclination to abstain due to concerns about the "odor train" impact on Buellton and the lack of clarity on future projects.
  • Supervisor Nelson: Addressed the board regarding his perspective on the appeal, noting that while he holds personal views opposing recreational cannabis use, he views his role in this proceeding as judicial rather than legislative. He stated that his goal is to determine if the project meets the established thresholds under the existing ordinance, rather than using the appeal process to rewrite legislation.
  • Water Supply: He expressed satisfaction that the applicant has demonstrated sufficient water resources to support the project, despite potential documentation requirements in the ordinance.
  • Scenic Compatibility: He noted that a site tour did not reveal the project as an eyesore. He acknowledged concerns about the visual impact of hoop houses but cited benefits such as reduced pesticide and water use and improved working conditions for agricultural laborers.
  • Terpenes: He indicated that while he suggested a study, the current record did not provide enough information to oppose the project on this basis alone.
  • Odor Plan: He stated that the odor plan, developed in collaboration with Commissioner John Park and refined through compromise, represents a high standard for outdoor grows in the county.
  • Compliance Issues: He identified illegal expansion as a troubling issue but noted that approval would cure this violation. He also raised concerns regarding pesticide compatibility with legacy agriculture, though he noted the project’s use of hoops and landscaping would mitigate spray drift risks.
  • Supervisor Nelson concluded that, despite his concerns, he would support the denial of the appeal and the approval of the project.
  • Motion and Vote:
  • Supervisor Lavagnino requested clarification on the specific language of the motion, referencing a slide presented by the Clerk of the Board that outlined four recommended actions (items A through D, including specific underlined amendments and applicant offers).
  • A motion was made to approve the four recommended actions as detailed on the slide. The motion was seconded by Supervisor Hart.
  • Outcome: The motion passed with four votes in favor and one abstention.
  • Decision: The appeal was denied, and the project was approved.

Adjournment

  • The meeting was adjourned, with the next meeting scheduled for Tuesday, May 11, 2021.