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Board of Supervisors — 2021-09-14

Board of Supervisors — 2021-09-14September 14, 2021

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BodyBoard of Supervisors
MeetingRegular Meeting
Date📅 September 14, 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

Funding Reservation for Bealton Senior Village Apartments

  • The board approved a funding reservation for an affordable housing project in Buellton.
  • Discussion centered on the use of in-lieu dollars generated in the city for unincorporated area housing needs.
  • Supervisors debated the balance between shared responsibility and prioritizing housing in urban versus agricultural areas.

First Amendment to Health Stat Wellness Agreement

  • The board approved an amendment to the agreement with Health Stat Wellness Inc. for an on-site employee clinic program.
  • The item was initially pulled to highlight equity between North and South County clinics and the program's cost-saving benefits.
  • Human Resources staff clarified that virtual appointments remain available for employees in the Lompoc area.

Fish and Wildlife Commission Grant Awards

  • The board approved grant awards from the Fish and Wildlife Commission.
  • Public comment supported the grants, citing the agency's assistance with wildlife issues such as bear cub rescues.
  • Staff explained that the program is funded by fines for violations and supports hunter safety, wildlife management, and education.

Resolution Proclaiming September 2021 as Suicide Prevention Month

  • The board adopted a resolution designating September as National Suicide Prevention Month in Santa Barbara County.
  • The resolution cites statistics on suicide rates and the impact of COVID-19 on mental health.
  • Speakers emphasized the need for accessible behavioral health services and reduced stigma around mental health.

Resolution Proclaiming September 2021 as Childhood Cancer Awareness Month

  • The board adopted a resolution proclaiming September as Childhood Cancer Awareness Month.
  • The resolution highlights statistics on diagnoses, survival rates, and the financial and emotional toll on families.
  • Speakers expressed appreciation for the recognition and the importance of community support for affected families.

COVID-19 Update and Public Health Status

  • Staff reported a decrease in new cases and hospitalizations, with 66.6% of eligible residents fully vaccinated.
  • Public health officials addressed testing methodologies, confirming the accuracy of PCR and antigen tests used by the county.
  • The board discussed the timeline for lifting mask mandates, noting that case rates must continue to decline before restrictions are eased.
  • Staff clarified that ivermectin is not an FDA-approved treatment for COVID-19 and that pediatric vaccine availability is expected between late October and December.

Ordinance Amendments for Economic Recovery

  • The board approved extending the expiration date of the Temporary Development Standards Suspension Ordinance to October 31, 2023.
  • The extension allows businesses to maintain outdoor operations and temporary structures to support economic recovery.
  • Staff directed to update findings, notices of exemption, and ordinances to reflect the new expiration date.

Long Range Planning Work Program

  • The board prioritized updates to childcare facility regulations as the top item for the long-range planning work program.
  • A motion passed to direct staff to develop an ordinance requiring Conditional Use Permits for inland cannabis cultivation applications.
  • Oil and gas regulations and wireless communication facility updates were designated as third and fourth priorities, respectively.
  • Staff clarified that the cannabis CUP requirement applies to cultivation and processing, not retail applications.
Passed 3–2 · against: Lavagnino, Hartmann

Fourth Quarter Update on Cannabis Compliance, Enforcement, and Taxation

  • Staff reported that Q4 tax collections totaled $3.8 million, while total fiscal year collections reached $15.7 million.
  • The number of operators failing to file tax reports reached its lowest level since program inception.
  • Phase three of the retail storefront selection process is complete, with all six community plan areas identifying top-ranked applicants.
  • Staff is implementing recommendations to join the California Cannabis Authority and build out an audit division.

California Cannabis Authority Membership

  • The board authorized the county to join the California Cannabis Authority to access real-time data for tax compliance verification.
  • The annual membership fee was negotiated to a capped cost of $500,000.
  • Staff was directed to provide a future briefing on internal tax and regulatory compliance processes.
Passed 3–1 · against: Lavagnino

Agricultural Commissioner Weights and Measures Department Revised Fee Schedule

  • The board approved a revised fee schedule to achieve full cost recovery for services provided to the public and industry.
  • Fee increases for inspections, permits, and hourly rates are proposed to be phased in over a three-year period.
  • The fee study was conducted by MGT of America and reviewed by the County Auditor’s Office for compliance.

Renew 22 Annual Report for Fiscal Year 2020-2021

  • The board accepted the annual report for the Renew 22 organizational transformation program.
  • The report highlighted achievements in rebalancing resources, redesigning work processes, and retaining employees.
  • Departments achieved $19.5 million in efficiencies, and 83% of eligible services were migrated online.

Appointment to the Isla Vista Community Services District Board of Directors

  • The board appointed Carrie Topliff to the IVCSD Board of Directors to fill the remainder of a four-year term.
  • The appointment was made to ensure a bridge to UCSB and the county with deep knowledge of Isla Vista community interests.
  • The board considered the candidate's experience with county processes and commitment to inclusion and diversity.

Closed Session

  • The board discussed the appointment of the Director of the Department of Behavioral Wellness.
  • The board conferred with labor negotiators for all bargaining units, unrepresented employees, managers, and executives.
  • County Council reported that the board took no reportable action in closed session.

Full summary

Meeting Call to Order and Roll Call

  • The September 14, 2021, meeting of the Santa Barbara County Board of Supervisors was called to order by Chair Nelson. Roll call was taken, and all supervisors were present. The board pledged allegiance to the flag.

Approval of Minutes (August 31, 2021)

  • A motion was made and seconded to approve the minutes from the August 31, 2021, meeting. The motion passed unanimously.

Announcements

  • The Clerk provided announcements regarding the live Spanish broadcast of meetings via Cox and Comcast cable, updated methods for public participation (in-person at Santa Maria and Santa Barbara hearing rooms, or virtually via Zoom), and the requirement for indoor mask usage for individuals over two years of age, regardless of vaccination status, per a new county health officer order effective September 5, 2021.

County Executive Officer’s Report

  • The County Executive Officer reported no items for the morning session.

Approval of Administrative Agenda

  • The board considered the administrative agenda. Chair Nelson requested to pull Item A11. The Clerk reported public requests to pull Items A4 and A13. A motion was made and seconded to approve the balance of the administrative agenda, excluding Items A4, A11, and A13. The motion passed unanimously.

Item A4: Funding Reservation for Bealton Senior Village Apartments

  • Discussion: This item, from Community Services, concerns a funding reservation for an affordable housing project in Buellton (Third District). It was pulled by the public. Ryan Ortiz and Gustavo Almarosa, representing the developer Cabrillo Economic Development Corporation, stated they were available for questions and expressed support for the project. Supervisor Hartman noted familiarity with the project and its long-standing wait. Chair Nelson raised concerns about the use of in-lieu dollars generated in the City of Buellton for housing in unincorporated areas, emphasizing the need to guard such funds for unincorporated area housing needs. Supervisor Hartman agreed on the importance of shared responsibility but advocated for building housing in urban areas rather than agricultural land.
  • Decision: A motion was made and seconded to approve Item A4. The motion passed unanimously.

Item A11: First Amendment to Health Stat Wellness Agreement

  • Discussion: This item, from Human Resources, concerns an amendment to the agreement with Health Stat Wellness Inc. for an on-site employee clinic program. Chair Nelson pulled the item to highlight the equity between North and South County clinics and commend the program for reducing healthcare costs for the county’s 4,300+ employees. Katie Torres from HR was invited to speak; she reminded employees in the Lompoc area that virtual appointments remain available through the Santa Barbara or Santa Maria offices.
  • Decision: A motion was made and seconded to approve Item A11. The motion passed unanimously.

Item A13: Fish and Wildlife Commission Grant Awards

  • Discussion: This item, from Planning and Development, concerns grant awards from the Fish and Wildlife Commission. It was pulled by the public. Renee O’Neill spoke in support of the grants, citing the agency’s assistance with wildlife issues, including a past bear cub rescue. Chair Nelson explained that the program is funded by fines for fish and wildlife violations and supports hunter safety, wildlife management, and education.
  • Decision: Supervisor Hartman moved to approve Item A13. The motion was seconded. The motion passed unanimously.

Item A26: Resolution Proclaiming September 2021 as Suicide Prevention Month

  • Discussion: This resolution, sponsored by Supervisor Hart, designates September as National Suicide Prevention Month in Santa Barbara County. It cites statistics on suicide rates, the impact of COVID-19 on mental health, and the need for accessible behavioral health services. Pam Fisher, Victoria Andre-King, and Gina Carvalho spoke in support of the resolution. Fisher thanked the board for their support of behavioral wellness. Carvalho invited the board to upcoming suicide prevention events, including a forum on September 23 and psychological first aid training on September 25. Andre-King, acting chair of the Behavioral Wellness Commission, expressed appreciation for the recognition. Supervisor Hart emphasized the importance of raising awareness and reducing stigma around mental health. Supervisor Williams stressed the urgency of the mental health crisis.
  • Decision: The item had been previously voted on and approved. The resolution was read into the record.

Item A27: Resolution Proclaiming September 2021 as Childhood Cancer Awareness Month

  • Discussion: This resolution, sponsored by Supervisors Hartman and Nelson, proclaims September as Childhood Cancer Awareness Month. It cites statistics on childhood cancer diagnoses, survival rates, and the financial and emotional toll on families. Dr. Amy Fierstein spoke in support, thanking the board for recognizing the issue and noting the importance of community and governmental support for affected families. Supervisor Hartman shared a personal connection to childhood cancer care. Chair Nelson recognized the Lexi Brown Foundation and the impact of childhood cancer on the community, including a staff member’s loss.
  • Decision: The item had been previously voted on and approved. The resolution was read into the record.

General Public Comment

  • Five members of the public provided comment: 1. Sean Mortland: Spoke on behalf of Leslie Weinstock regarding the proliferation of wireless telecommunication facilities. He urged the board to oppose state bills SB-556 and AB-537, which he argued would exacerbate the placement of 5G small cells, and to support local regulatory authority over facility placement based on health, safety, and environmental concerns. 2. Katie Mickey: Spoke for Safe Technology for Santa Barbara County, arguing that the county code lacks sufficient grounds for denying small cell applications. She referenced a legal analysis by attorney Andrew Campanelli and requested that the board review the document and consider amending the county code to establish defensible grounds for denial based on federal law. 3. Joshua Medrano: Spoke as Executive Secretary and Treasurer of the Tri-Counties Building and Construction Trades Council. He supported the countywide Collective Bargaining Agreement (CBA), clarifying that it levels the playing field for contractors and encourages competitive bidding. He invited Supervisors Nelson and Williams to engage in further dialogue. 4. Jeffrey Schwartz: Criticized the board’s support for COVID-19 mandates, characterizing them as "tyrannical" and "un-American." He urged the board to stop supporting what he described as a "scam" and to recognize public resistance to mandates. 5. Final Speaker: The Clerk confirmed this was the final speaker for general public comment.

Departmental Item 1: COVID-19 Update

  • Presentation by Dr. Dobernoso:
  • Reported 63 new cases as of September 13, a decrease from the two-week average of 117.
  • Reported 563 active cases and a total of 40,752 cases, with a current case rate of 17.1 per 100,000.
  • Reported one new death (age 18-29, Santa Maria resident), bringing the total pandemic-related deaths to 489.
  • Reported 66 hospitalizations, with 18 in the ICU.
  • Noted a 25% decrease in case rate compared to the August 31 briefing.
  • Reported hospital bed usage at 65.5% and staffed ICU bed usage at 69.7%, both showing improvement.
  • Reported 66.6% of eligible residents are fully vaccinated; 128,189 eligible residents remain unvaccinated.
  • Presented data showing a correlation between higher vaccination rates and lower case rates across counties.
  • Highlighted increases in vaccination rates in low-income zip codes (Vaccine Equity Metric areas 1 and 2).
  • Reported 57 active outbreaks: 11 in businesses, 25 in schools, and 21 in congregate living facilities.
  • Presented August hospitalization data: 112 admissions, with 85% of patients unvaccinated. The median age of unvaccinated patients was 52.5 years, compared to 80 years for vaccinated patients. 67% of admissions were for individuals aged 64 or younger.
  • Updated on testing access, including community sites and state-provided resources.
  • Presentation by Dr. Stuart Comer (Public Health Laboratory Director):
  • Addressed questions regarding antigen tests, noting they are FDA-approved for both symptomatic and asymptomatic individuals.
  • Stated that the county uses the Abbott BinaxNOW antigen test, which has >97% sensitivity.
  • Clarified that PCR tests are the standard for detecting viral RNA and are used for all major respiratory viruses.
  • Reported that the county’s indeterminate test rate is less than 0.03% (3 in 10,000).
  • Discussed CT values, explaining that higher CT values (lower viral loads) generally indicate non-transmissible virus, as the virus cannot be cultured at these levels.
  • Noted that some labs report "presumptive positive" for high CT values (e.g., >38) due to low viral loads.
  • Addressed concerns about swab materials, stating that the rayon swabs used are standard for infectious disease testing and that no federal agency has identified a problem with them.
  • Board Comments:
  • Chair Nelson clarified that the hospitalization data refers specifically to admissions for COVID-19, not incidental cases.
  • Supervisor Hart thanked Dr. Comer for providing substantive, technical answers to public questions and emphasized the importance of clear communication on scientific matters.

Agenda Item: Public Health Update and Vaccination Status

  • Discussion:
  • Staff presented vaccination statistics, noting that 66.6% of the population is fully vaccinated and 75.1% has received at least one dose.
  • Supervisor O’Neill inquired about a discrepancy between reported daily case numbers (63) and press reports of over 300 infections over a weekend. Staff explained that daily cases are based on adjudicated episode dates rather than raw daily lab results and committed to verifying the numbers with media outlets.
  • Supervisor O’Neill requested continued outreach efforts, noting that barriers to vaccination often include convenience and logistical issues rather than ideological opposition.
  • Dr. Comer provided a summary on testing methodologies, stating that PCR is the commercial gold standard, indeterminate rates in the county are low, and both PCR and antigen tests are applicable to symptomatic and asymptomatic individuals due to the unique shedding patterns of SARS-CoV-2.
  • Dr. Comer addressed testing protocols for healthcare workers, noting that unvaccinated staff are tested twice weekly for surveillance, while all inpatients are tested every five days to prevent transmission. He stated that current testing platforms remain effective against known variants, including Alpha and Delta, though the FDA monitors for mutations that could evade detection.
  • Dr. Comer explained that achieving "COVID zero" is unlikely due to ongoing viral mutation, comparing the future trajectory to influenza, where vaccines are updated annually but remain only partially effective.
  • Dr. De La Rosa outlined outreach strategies, including partnerships with community organizations for unsheltered populations and schools for back-to-school initiatives.
  • Public Comment:
  • Jamie Davin asked about the criteria for ending mandates and masks, the role of natural immunity from prior infection, the impact of healthcare worker shortages on hospital capacity, and the availability of monoclonal antibody treatments for broader age and BMI groups.
  • Jeffrey Schwartz criticized the public health team’s handling of testing data, arguing that experts failed to distinguish between analytical and clinical specificity and alleging that the health officer suppressed dissenting medical opinions.
  • Justin Shores alleged that medical censorship is the primary public health crisis, citing threats to healthcare workers who prescribe hydroxychloroquine or ivermectin, and requested a public panel to discuss these treatments.
  • Board Response:
  • Supervisor O’Neill responded to public comments by reiterating that antigen tests are 97% accurate and PCR tests are 99% accurate, and that nasal swabs have a long history of safe use.
  • Supervisor Hartmann asked Dr. De La Rosa about ivermectin. Dr. De La Rosa stated that ivermectin is not an FDA-approved treatment for COVID-19 and that the FDA recommends against its use for this purpose. He noted that human formulations differ significantly from animal formulations, leading to increased poison control calls.
  • Supervisor Hartmann expressed support for vaccination based on doctor surveys and compared the public health impact of unvaccinated individuals to secondhand smoke.
  • Chair Nelson asked about lifting the indoor mask mandate given declining case and positivity rates. Dr. De La Rosa stated that while trends are downward, the county is hesitant to lift the mandate while community presence remains widespread, citing a target case rate of approximately 4 per 100,000 and monitoring neighboring regions.
  • Chair Nelson emphasized the importance of respectful dialogue and individual choice, noting that vaccinated individuals can also transmit the virus.
  • Supervisor O’Neill countered that while empathy is important, there is a significant disparity in hospitalization rates between vaccinated and unvaccinated individuals, and emphasized the societal responsibility to protect others.
  • Supervisor Lavagnino asked about the timeline for pediatric vaccine availability. Dr. De La Rosa indicated it could be available between late October and December.
  • Supervisor Lavagnino asked Dr. De La Rosa if any doctors had been threatened. Dr. De La Rosa stated that while the department has received threats, it has not threatened any medical professionals.
  • Supervisor Lavagnino suggested establishing a clear "exit strategy" or goal for rolling back restrictions to provide a positive outlook for the public.
  • Supervisor Hartmann supported the need for a clear end goal and emphasized the collective responsibility of the community.
  • Motion and Vote:
  • Chair Nelson moved to accept the staff recommendation.
  • Supervisor Hartmann seconded the motion.
  • The motion passed unanimously.

Agenda Item: Departmental Item No. 2 – Ordinance Amendments for Economic Recovery

  • Discussion:
  • Staff presented a proposal to extend the expiration date of the Temporary Development Standards Suspension Ordinance to June 30, 2023, or earlier if COVID-19 provisions are terminated. The extension aims to support economic recovery by allowing businesses to maintain outdoor operations and temporary structures.
  • The Planning Commission and Montecito Planning Commission recommended adoption of the amendments to the Montecito Land Use and Development Code (MLUDC), Article 2 Coastal Zoning Ordinance, and the County Land Use and Development Code (LUDC). The Planning Commission also suggested extending the date to October 31, 2023.
  • Supervisor Hartmann asked if the date could be extended to October 2023 to benefit the wine industry’s summer season. Staff confirmed there were no restrictions preventing this extension, noting that permanent provisions for food service are expected to be in place by June 2023 via the Ag Enterprise Ordinance.
  • Supervisor O’Neill suggested writing the date as "October" or "until superseded by permanent regulations" to provide flexibility.
  • Public Comment:
  • Matthew Mazzart, representing the Vintners Association, supported extending the measures to October 2023, citing the economic benefits of outdoor tasting rooms and food service during the pandemic.
  • Eric Lightman was unable to connect to provide comment.
  • Board Response:
  • Supervisor Hartmann praised the Planning and Development department for the rapid adoption of these measures during the initial pandemic phase and noted the positive development of outdoor spaces at wineries.
  • Chair Nelson noted that these temporary measures provided a model for testing flexible land use provisions before making them permanent.
  • Motion and Vote:
  • Supervisor Hartmann moved to accept staff recommendations A and B, with an amendment to extend the expiration date from June 30, 2023, to October 31, 2023.
  • Supervisor Hartmann seconded the motion.
  • Supervisor Van Molen recommended adding a direction for staff to update findings, notices of exemption, and ordinances to reflect the new date of October 31, 2023.
  • Supervisor O’Neill added that drafting measures should ensure the date is consistent throughout all documents.
  • The motion, including the amendments, passed unanimously.

Agenda Item: Departmental Item No. 3 – Long Range Planning Work Program

  • Discussion:
  • Staff presented options for the Fiscal Year 2021–2024 work program for the Long Range Planning Division, utilizing a newly authorized Planner III position.
  • The presentation outlined several categories of ordinance amendments:
  • 1. Santa Rita Hills Agricultural Viticultural Area: Options include creating a new zoning overlay to regulate cannabis cultivation by changing permitting requirements (e.g., conditional use permits for larger lots) or limiting cultivation area per lot. Estimated effort: 0.6 FTE. 2. Cannabis Notification: A new requirement for notifying property owners or residents within a specified radius (e.g., 1,000 feet) of harvest activities. Estimated effort: 0.1 FTE. 3. Childcare Facilities: Revising permitting requirements to align with state law and using model ordinances (e.g., from Goleta) to facilitate childcare facility development. Estimated effort: 0.2 FTE. 4. Oil and Gas: Amendments requested by the Environmental Defense Center, including applying change-of-owner/operator ordinances to onshore oil and gas, mandating termination dates in drilling plans, and revising definitions of high-risk operations. Estimated effort: 0.5 FTE. 5. Wireless Communication Facilities: Updating codes to align with FCC rules on small wireless facilities and state laws on emergency standby generators for macro cell towers, including developing aesthetic standards with architectural review boards. Estimated effort: 0.4 FTE.
  • Staff indicated that approximately 0.6 to 0.7 FTE is available for the current fiscal year and requested board direction on which moderately complex amendments to prioritize for the current year and future years.
  • The board was asked to receive the report, provide direction on prioritization, and note that no project pursuit action was being taken at this time.
  • Discussion on Cannabis Permitting and Conditional Use Permits (CUPs)
  • Supervisor Hartmann raised concerns regarding the separation of the land use permit (LUP) and business license processes. She noted that while the cannabis acreage cap is nearing completion, approximately 1,500 acres of applications remain in the land use pipeline. She expressed concern that permitting these projects under current standards may lock the county into outdated regulations, as odor control technologies and best practices are evolving. Supervisor Hartmann proposed requiring a CUP for all cannabis projects outside the cap to preserve board discretion for future compatibility and neighborhood impact assessments.
  • Staff (Ms. Plowman and Mr. Clement) responded that the standards for CUPs and LUPs are functionally similar, but CUPs provide the board with greater discretion to modify specific project features. Staff estimated that implementing a CUP requirement would require approximately 0.6 FTEs, primarily for processing planning commission and board hearings. Mr. Clement noted that drafting the ordinance is straightforward, but the hearing process often takes longer than anticipated due to extended policy discussions.
  • Supervisor Lavagnino expressed concern that changing the permit type without prior public notice could be problematic. He suggested that if the board wishes to require CUPs, it should be tied to a future decision to lift the cap, rather than applying to current pipeline projects. He also questioned the necessity of CUPs if projects are already subject to appeals if they are incompatible.
  • Supervisor Williams stated she was open to the CUP proposal given the lack of immediate speed imperatives. She emphasized the urgency of addressing child care facility regulations, noting the industry’s marginal profitability and the post-pandemic shortage of facilities. She also highlighted the need to address oil and gas regulations to manage liabilities from abandoned wells and the transition of the industry.
  • Supervisor Hartmann clarified that her proposal was not about lifting the cap but about managing the pipeline of applications that would exceed the cap. She argued that without a CUP requirement, the county might inadvertently grant entitlements that could be claimed as first-in-line if the cap is ever lifted. She proposed striking the specific Santa Rita Hills overlay discussion as "too late" to be meaningful and focusing on the broader CUP requirement.
  • Staff cautioned that delegating the ordinance drafting to the County Council’s office would not speed up the process, as the time-consuming element is the hearing process, which staff must manage. Staff also noted that tasks could roll over into the next fiscal year if not completed by June 30, 2022.
  • Discussion on Vesting and Permit Expiration
  • Supervisor Lavagnino asked for clarification on how land use permits vest and expire, particularly regarding applicants who hold permits but do not obtain business licenses. Staff explained that land use permits have a life of one year, extendable for one additional year. Vesting generally requires substantial reliance on the permit, such as constructing facilities or beginning cultivation, though cultivation itself is prohibited without a business license. Legal counsel (Ms. Van Molen) clarified that merely plowing land or installing fencing may not constitute vesting, and that business licenses are required for operation. Supervisor Hartmann asked if growing hemp would vest a cannabis permit; staff confirmed it would not.
  • Public Comment
  • Fifteen members of the public spoke on the item.
  • Debra Eagle (Alma Rosa Winery): Requested a continuance to allow the wine industry, currently in harvest, to participate. She expressed support for CUPs and limits on grow sizes.
  • Ben Oakley (Western States Petroleum Association): Opposed increased regulation on the oil industry, citing lawsuits in Ventura County against similar zoning amendments. He argued that local oil production meets high environmental standards and supports local jobs.
  • Renee O’Neill: Supported requiring CUPs for in-process and upcoming growers, arguing it is feasible since long-range planning ordinances are not yet finalized. She urged the board to limit acreage in the Santa Rita Hills and along the 246 corridor.
  • Marshall Miller (Thornhill Companies): Highlighted concerns over post-LUP permit revisions that added acreage, arguing the current LUP process lacks transparency and that revisions are not always appealable.
  • Nicholas Miller: Advocated for a holistic approach to cannabis regulation across the county, supporting 20-acre caps, CUPs, and odor abatements.
  • Allison Laslett (Santa Barbara Vintners): Requested CUPs for all cannabis grows larger than 20 acres county-wide to better manage impacts on neighboring agriculture and residents.
  • Ted Fox (Pro Farms/North County Farmers Guild): Argued that the Santa Rita Hills ABA is a marketing designation, not a legal boundary. He stated that cannabis projects in the area represent less than 2% of the total acreage and that the current ordinance is working well. He opposed diverting resources to further restrict cannabis when other needs exist.
  • Mark Shatillo (Santa Barbara Coalition for Responsible Cannabis): Supported CUPs for all Ag-2 grows to address odor issues and ensure a holding pattern for applications exceeding the cap.
  • Jay Preto (Small Farm Owner): Expressed concern about being in the CUP process since 2019 and potentially missing the cap. He requested that the board ensure applicants already in the permit process can obtain business licenses once the cap is reached.
  • Nancy Emerson: Supported Supervisor Hartmann’s proposal, noting that CUPs encourage negotiation and avoid appeals, which are costly for citizens.
  • Eric Lightman (Small Farm Owner): Urged the board to consider small farms that have diligently followed the process and may be left without a license due to the cap.
  • Lee Johnson: Agreed with CUPs and harvest notices, emphasizing the need to protect vineyards and residents from odor and traffic.
  • Kurt Amon (Melville Winery): Stated that larger grows (e.g., 40 acres) have longer harvest times and greater logistical impacts. He supported CUPs and a 20-acre limit to manage these impacts.
  • Staff Clarifications and Final Remarks
  • Staff clarified that post-permit revisions are processed under guidelines for minor, non-controversial changes. Supervisor Lavagnino requested a report on applicants who hold permits but are not producing, to identify "ghost acres" consuming the cap. Staff noted that unused permits expire after two years. Supervisor Hartmann reiterated her priority list: 1) CUP requirement for inland projects, 2) Child care facilities, 3) Wireless communications, and 4) Oil and gas regulations. Supervisor Williams expressed confidence that the vesting rules would prevent speculative holding of permits without business licenses.
  • Motions and Votes:
  • Child Care Facilities: Supervisor Lavagnino moved to make child care facility updates the top priority for long-range planning. Supervisor Williams seconded the motion. The motion passed unanimously.
  • Cannabis Cultivation (CUP Requirement): Supervisor Hartmann moved to direct staff to develop an ordinance amendment requiring Conditional Use Permits (CUPs) for inland cannabis cultivation applications post-adoption, specifically for projects not yet permitted. Supervisor Nelson seconded the motion. Discussion clarified that this would apply to areas outside the Carpinteria Agricultural Overlay and would functionally apply post-cap. Supervisor Lavagnino expressed concern about the number of pending LUPs that would convert to CUPs, noting staff estimated approximately 50 pending permits. Supervisor Williams characterized the measure as a "solution in search of a problem." The motion passed 3-2.
  • Oil and Gas / Wireless Communication: Supervisor Williams moved to designate oil and gas and wireless communication facilities as the third and fourth priorities for long-range planning, respectively. Supervisor Hart seconded the motion. Supervisor Lavagnino opposed the motion, arguing it added unfunded priorities to the list. Staff noted that these items would likely be carried to future years due to current FTE limitations. The motion passed 3-2.
  • Staff Recommendations: Supervisor Yee moved to approve staff recommendations A and C regarding the cannabis program. Supervisor Williams seconded. The motion passed unanimously.
  • Clarification: County Council clarified that the CUP requirement motion applies to cultivation and processing, not retail applications.

Closed Session

  • The Board recessed to closed session to discuss two items: 1. Public employee appointment for the Director of the Department of Behavioral Wellness (Government Code 54957). 2. Conference with labor negotiators for all bargaining units, unrepresented employees, managers, and executives (Government Code 54957.6).
  • Upon reconvening, County Council reported that the Board took no reportable action in closed session.

Agenda Item 4: Fourth Quarter Update on Cannabis Compliance, Enforcement, and Taxation (FY 2020-2021)

  • Tax Revenue: Staff reported that Q4 tax collections totaled $3.8 million, a 45% decrease from the same quarter in the prior fiscal year. However, total fiscal year collections reached $15.7 million, a 29% year-over-year increase. Staff noted a statewide oversupply of wholesale cannabis is driving down prices.
  • Compliance: The number of operators failing to file tax reports in Q4 was 11, the lowest since program inception. Most of these operators hold multiple license types and reported on some but not all.
  • Business Licenses: 123 license applications have been received to date; 24 have been issued, and 99 are pending. Most pending applications are due to operators not yet having issued permits. Two new business specialist positions are being filled to assist with processing.
  • Retail Storefronts: Phase three of the retail storefront selection process is complete. All six community plan areas have identified their top-ranked applicant. Five of the six have submitted land use entitlement applications; the sixth (Orchid) is expected to submit shortly.
  • KPMG Recommendations: Staff is implementing recommendations to join the California Cannabis Authority (CCA), build out an audit division in the Treasurer-Tax Collector’s Office, and establish a compliance task force. The Treasurer-Tax Collector’s Office has hired a staff member to begin the audit process with HDL.
  • Emerging Issues: Staff identified high volume of business license applications, enforcement of acreage cap limits, and the status of legal non-conforming operators as key issues. Staff is working on a letter to non-conforming operators regarding their status once the cap is reached.
  • Public Comment:
  • Craig Schell suggested focusing the cap on high-value projects like greenhouses to maximize tax revenue.
  • Mark Sciatillo (Santa Barbara Coalition for Responsible Cannabis) supported suspending processing of land use permits in exchange for reserving a place in the licensing priority line, focusing on operator conduct, and swift decommissioning of non-conforming uses.
  • Alex Cardos requested flexibility in the cap to allow those in the queue to become licensed.
  • Lisa Bogrova suggested linking the acreage cap to licensed canopy rather than total project area and excluding processing facilities from the cap.
  • Autumn Shelton (CARP Growers) cited price compression and high state taxes as challenges, urging streamlined permitting.
  • Troy White (TW Land Planning) requested flexibility for applicants already in the permit process to secure licenses once the cap is reached.
  • Nancy Emerson supported the compliance task force and expressed concern about the size of the enforcement team.
  • Renee O'Neill questioned who handles business licensing and expressed disappointment regarding operators not paying taxes.
  • Board Discussion: Supervisor Lavagnino requested clarification on the "43% not paying" statistic, noting it referred to licenses, not unique operators. Staff agreed to adjust future reporting to clarify this. Supervisor Williams noted that many operators report zero gross receipts due to seasonality or new status.
  • Motion: Supervisor Nelson moved to approve items A through C of the report. Supervisor Hartmann seconded. The motion passed unanimously.

Agenda Item 5: California Cannabis Authority Membership

  • Discussion:
  • Staff presented a recommendation for the county to join the California Cannabis Authority, a joint powers authority established to facilitate data sharing and regulation of commercial cannabis. Staff explained that CCA membership provides access to analyzed, real-time data from the state’s METRIC track-and-trace system, which is currently not available to the county through other means. The data is intended to aid in tax compliance verification, identify anomalies in reporting, and support a proposed Cannabis Compliance Task Force. Staff noted that the annual membership fee was negotiated to a capped cost of $500,000.
  • Greg Turner, Executive Director of the CCA, provided additional context on the platform’s capabilities, including its alert-based system for identifying anomalies and its use of aggregate data from other jurisdictions to inform analytics, while clarifying that transactional data remains protected per county.
  • Board members discussed the cost-benefit analysis, with some questioning the value of the $500,000 fee compared to internal capabilities and expressing concerns about sharing data with other counties. Others supported the move, citing the need for better visibility into tax compliance and the potential for increased revenue through improved oversight. Supervisor Lavagnino requested that the board also direct staff to evaluate internal compliance processes and hold a hearing on internal operations.
  • Motion and Vote:
  • A motion was made to adopt a resolution authorizing the county to enter into the joint powers agreement with the CCA, authorize the Chair to execute the agreement, and appoint designees to the CCA Board of Directors. The motion included an additional direction for staff to provide a briefing on internal tax and regulatory compliance processes, including the Treasurer-Tax Collector’s role, at a future quarterly update. The motion was seconded.
  • The motion passed (4-1).

Agenda Item 6: Agricultural Commissioner Weights and Measures Department Revised Fee Schedule

  • Discussion:
  • Staff from the Agricultural Commissioner’s Weights and Measures Department presented a proposal to revise the department’s fee schedule to achieve full cost recovery for services provided to the public and industry. The proposal includes increases to fees for phytosanitary inspections, direct marketing (producer certificates and farmers markets), weights and measures permits (commercial devices, point-of-sale scanners, and county packers), and the department’s hourly rate. Most fee increases are proposed to be phased in over a three-year period to minimize impact on local businesses. Staff noted that the fee study was conducted by MGT of America and reviewed by the County Auditor’s Office for compliance with county fee policies. Outreach to stakeholders, including the Ag Advisory Committee and Farm Bureau, was conducted, with generally positive responses.
  • Supervisor Hartmann inquired about the outreach process and responses. Supervisor Nelson expressed support for the three-year phase-in period, noting it allows businesses time to adjust.
  • Motion and Vote:
  • A motion was made to approve the staff recommendations. The motion was seconded.
  • The motion passed unanimously.

Agenda Item 7: Renew 22 Annual Report for Fiscal Year 2020-2021

  • Discussion:
  • Staff from the County Executive Office presented the annual report for the Renew 22 initiative, a five-year organizational transformation program launched in 2017. The report, presented via video, outlined progress in five core areas: Revising the organization, Rebalancing resources, Redesigning work processes, Responding to residents, and Retaining employees. Key achievements highlighted included:
  • Rebalancing: Departments achieved 1.8% in efficiencies, valued at $19.5 million, exceeding the 1% goal.
  • Redesigning: 83% of eligible services were migrated online by June 2021, exceeding the 75% goal.
  • Responding: 20 external customer satisfaction surveys were conducted; internal surveys were suspended due to the pandemic.
  • Retaining: 83% of new employees hired in 2019 were retained, exceeding the 80% goal. 45% of managers participated in leadership development, exceeding the 30% goal.
  • Board members commented on the progress, noting the initiative’s adaptability during the pandemic and its contribution to organizational resilience. Supervisor Lavagnino expressed pride in the measurable successes, particularly the cost savings. Supervisor O'Neill noted the integration of equity and inclusion metrics. Supervisor Hartmann emphasized the importance of the initiative in fostering a more resilient and innovative organization.
  • Motion and Vote:
  • A motion was made to accept the recommendations A through C. The motion was seconded.
  • The motion passed unanimously (with one absence).

Agenda Item 8: Appointment to the Isla Vista Community Services District (IVCSD) Board of Directors

  • Discussion:
  • Staff presented a request to appoint a member to the IVCSD Board of Directors to fill the remainder of a four-year term ending February 28, 2023, following the resignation of Director Robert Geist. Two applications were received: Kerry Topliff and Granger Brenneman. Staff noted that the board could appoint one of the qualified applicants or another qualified candidate present at the hearing. Jonathan Abood, General Manager of IVCSD, was available via Zoom for questions.
  • Supervisor Hartmann provided context on the IVCSD’s unique governing structure, which includes two appointed directors (one from UCSB, one from the county) to serve as bridges to those organizations. She emphasized the importance of appointees having knowledge of county interests and a connection to the Isla Vista community.
  • Public Comment:
  • Granger Brennaman: Stated he is a current UCSB student and resident of public housing in Isla Vista. He advocated for his appointment, citing his experience living in an unincorporated CDP and his work with the UCSB Associated Students. He highlighted the need for sustainable development, housing stock, and infrastructure retrofitting, including sidewalk repairs.
  • Claudia Henry: Stated she lives in Goleta and teaches in Isla Vista. She encouraged board leadership to pay attention to the mental health and well-being of youth and homeless residents, noting the stress caused by changing regulations during the pandemic. She urged community outreach efforts to maintain trust in local government.
  • Board Deliberation:
  • Supervisor Hartman stated that while Mr. Brennaman has experience, he is a transfer student new to the area and may not possess the deep knowledge of Isla Vista and county processes required for the role. She nominated Carrie Topliff, citing her deep connections to UCSB and Isla Vista, her experience with the county, and her commitment to inclusion and diversity.
  • Supervisor O’Neill agreed with Supervisor Hartman. She thanked Mr. Geist for his service and acknowledged Mr. Brennaman’s community involvement. She stated that Ms. Topliff is a suitable bridge appointment due to her long history with Isla Vista and the community.
  • Supervisor Nelson agreed with the other supervisors. He noted that Mr. Brennaman might be better suited to run for one of the five CSD appointments in the future if he establishes longer-term residency. He stated that Ms. Topliff is the preferred choice based on her past performance in holding staff accountable and pushing for efficiencies.
  • Motion and Vote:
  • Supervisor Hartman moved to appoint Carrie Topliff to the CSD board, adopting items A and B (A.1 and B) of the staff recommendation.
  • The motion was seconded.
  • The motion passed unanimously.

Adjournment

  • The meeting was concluded. The next regularly scheduled Board of Supervisors meeting was announced for September 21st in Santa Maria.