Board of Supervisors — 2021-12-07December 7, 2021

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BodyBoard of Supervisors
MeetingRegular Meeting
Date📅 December 7, 2021

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Meeting Summary

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

Agenda Changes and Administrative Approvals

  • Administrative Item 20 regarding the Family Service Agency agreement was continued to the December 14 meeting.
  • The board approved the administrative agenda, including the continuance of Item A-22.
  • The board approved co-sponsoring the 2021 Toys for Tots drive with Unity Shop.
  • The board approved a memorandum of understanding for a three-year Behavioral Health Co-Response Team pilot with the City of Santa Maria.
  • The board adopted resolutions honoring animal care partners and retiring Public Works Director Thomas D. Farram.
Passed 4–0 · unanimous

Oasis Meeting Center Project

  • Staff presented a proposal for a 14,000 sq. ft. senior center on the Keysight 18 site, including General Plan Amendments.
  • The applicant addressed property history and argued that the alternative Foster Road site was not feasible due to environmental constraints.
  • Public comment included 21 speakers with supporters citing senior services and opponents raising property rights concerns.
  • The board unanimously approved the recommended actions, including an amendment clarifying that special events would likely be nonprofit fundraising opportunities.
Passed 4–0 · unanimous

2021 Annual Reports and 2022 Legislative Platform

  • Staff reported on federal funding successes, including the American Rescue Plan and Bipartisan Infrastructure Law.
  • The state report highlighted a $100 billion surplus and potential revenue losses from the 340B drug pricing program.
  • The proposed 2022 Legislative Platform includes eight principles and new planks on cannabis licensing and Brown Act flexibility.
  • The board unanimously adopted the annual reports and the 2022 legislative platform.
Passed 4–0 · unanimous

FY 2022-2023 Budget Development Report

  • Staff presented a positive economic outlook with a projected 4.7% increase in property taxes and a 7% decrease in cannabis revenue.
  • Six new budget policies were proposed, including a $5 million litigation reserve and restrictions on new cannabis revenue allocations.
  • Board members discussed the accumulation of projected deficits and the volatility of cannabis revenue.
  • The board unanimously adopted the budget development report and proposed policies.
Passed 4–0 · unanimous

CLAFI Appeal Case No. 21 APL 48

  • Staff recommended denying the appeal and granting de novo approval for the Cresco California mixed light cultivation project.
  • The appellant argued that the impact analysis for endangered species was insufficient and challenged the odor control technology.
  • The applicant stated the project includes community benefits and that the Regenerative Carbon Scrubbing System is environmentally superior.
  • The board unanimously denied the appeal and approved the project with the proposed design and additional riparian buffer.

Closed Session

  • The board discussed three litigation matters: Rancho La Laguna v. County of Santa Barbara, Scott v. County of Santa Barbara, and Eli v. County of Santa Barbara.
  • The Clerk reported that the board took no reportable action during the closed session.

Full summary

Meeting Call to Order and Roll Call

  • The December 7, 2021, meeting of the Santa Barbara County Board of Supervisors was called to order. Roll call confirmed the presence of all five supervisors: Hart, Hartman, Lavinino, Williams, and Chair Nelson. The board pledged allegiance to the flag.

Approval of Minutes

  • Item: Approval of the minutes from the November 16, 2021, meeting.
  • Discussion: No discussion was recorded.
  • Motion: A motion was made to approve the minutes.
  • Vote: The motion passed unanimously.
No decision 1–0
Passed 4–0 · unanimous
Passed 4–0 · unanimous

Announcements

  • Agenda Change: The Clerk announced a request to continue Administrative Item 20 (regarding a third amendment to the Family Service Agency agreement) to the December 14, 2021, meeting.
  • Public Participation: The Clerk provided details on public participation methods, including in-person attendance requirements (mask usage per County Health Officer order), virtual participation via Zoom, and time limits for comments.
  • Broadcasting: Information was provided regarding live Spanish interpretation and broadcasting via Cox, Comcast, and the CSB TV YouTube channel.

County Executive’s Report

  • Item: Report from the County Executive.
  • Discussion: The County Executive reported no specific items for that day, noting that information regarding "choice retorts" would be addressed during the administrative agenda.

Administrative Agenda

  • Item: Approval of the Administrative Agenda, including the continuance of Item A-22 to December 14.
  • Discussion: The Clerk confirmed no public requests to speak on the administrative agenda.
  • Motion: Supervisor Hartman moved to approve the administrative agenda, including the continuance of Item A-22. The motion was seconded.
  • Vote: The motion passed unanimously.
Passed 4–0 · unanimous
Passed 4–0 · unanimous

Administrative Item A-9: Toys for Tots

  • Item: Approval of the Board of Supervisors co-sponsoring the 2021 Toys for Tots drive with Unity Shop and seeking participation by county employees.
  • Discussion: Staff announced the sponsorship and donation deadlines (December 10). Supervisors participated in a symbolic toy donation ceremony. Supervisor Lavinino requested a moment to recognize veterans in the audience in observance of the 80th anniversary of Pearl Harbor.
  • Decision: This item was approved as part of the bulk vote on the Administrative Agenda taken previously.

Administrative Item A-4: Behavioral Health Co-Response Team

  • Item: Consideration of recommendations regarding a memorandum of understanding with the City of Santa Maria Police Department for a Behavioral Health Co-Response Team (BH CRT).
  • Discussion: Supervisor Lavinino explained that the co-response model pairs a clinician with a sheriff’s deputy to handle mental health crises. He noted the program began as a county pilot in 2018, expanded to the City of Santa Barbara in 2019, and is now joining the City of Santa Maria for a three-year pilot.
  • Decision: This item was approved as part of the bulk vote on the Administrative Agenda taken previously.

Administrative Item A-34: Resolution Honoring Animal Care Partners

  • Item: Adoption of a resolution honoring ASAP Cats & Buns, Kappa, Care for Paws, Canine Pals, Santa Barbara County Animal Care Foundation, Santa Barbara Humane, Santa Ynez Valley Humane Society/DOG, and Shadows Fund for their partnership with Santa Barbara County Animal Services.
  • Discussion: The Clerk read the resolution into the record, citing the partners' support during the pandemic, including spay/neuter services, disaster evacuation support, and veterinary care. Representatives from the partner organizations and Animal Services expressed gratitude. Supervisors Hartman and Hart commented on the evolution of animal services and the role of nonprofit partners.
  • Decision: This item was approved as part of the bulk vote on the Administrative Agenda taken previously.

Administrative Item A-35: Resolution Honoring Thomas D. Farram

  • Item: Adoption of a resolution of appreciation honoring Thomas D. Farram upon his retirement from the Public Works Department after over 35 years of service.
  • Discussion: The Clerk read the resolution, noting Farram’s role as Deputy Public Works Director and his leadership in water resources, flood control, and emergency response. Scott McLaughlin (Public Works) spoke about Farram’s effectiveness in securing federal funding. Farram thanked the board, his colleagues, and his family. Supervisors Lavinino, Hartman, Williams, and Nelson offered remarks regarding Farram’s technical expertise, long-term vision for infrastructure, and dedication to public safety.
  • Decision: This item was approved as part of the bulk vote on the Administrative Agenda taken previously.

General Public Comment

  • Item: Comments on items not on the agenda.
  • Discussion: Four speakers addressed the board:
  • 1. Maria Kessner discussed alleged civil rights violations regarding mask mandates on MTD buses and vaccine mandates at local employers. 2. Justin Shores commented on the redistricting process, alleging Democratic Party involvement and ex parte communications. 3. Dr. Amy Smith discussed civil rights issues related to vaccination tracking databases and vaccine mandates. 4. Nancy McCready, representing the Committee for Social Justice, criticized the 35-degree trigger for opening warming centers and suggested returning to a full winter shelter model.
  • Decision: No motions or votes were taken during this segment.

Departmental Item 1: Oasis Meeting Center Project

  • Item: Hearing to consider recommendations regarding the County Planning Commission’s recommendation to approve the Oasis Meeting Center Project (Case No. 14-GPA-20) in the Fourth District.
  • Presentation: Staff presented project details for a ~14,000 sq. ft. senior center and ancillary building on the Keysight 18 site. The proposal includes parking reduction, trail improvements, a Conditional Use Permit, Development Plan, and General Plan Amendments. The Final EIR identified five significant and unavoidable impacts.
  • Ex Parte Disclosures: All five supervisors disclosed various communications with neighbors, project representatives, and staff, including site visits and meetings.
  • Board Questions: Supervisors asked for clarification on the "special events" condition (limited to non-commercial fundraising), the history of the General Plan Amendment process, and ownership of development rights.
  • Applicant Presentation: The applicant explained the property’s history, noting it was acquired through adverse possession. They stated that easements have been resolved and argued that the Foster Road alternative site was not feasible due to environmental constraints and lease limitations.
  • Public Comment: 21 speakers addressed the board. Supporters cited the organization’s service to seniors and the inadequacy of the current facility. Opponents raised concerns regarding property rights, lack of written consent from all South Point Estate owners for map modifications, and the availability of the Foster Road site.
  • Board Deliberation: Supervisors discussed the project’s significance to the Orchard community, the complexity of the land use process, and the balance between community benefits and impacts.
  • Motion: A motion was made to approve the recommended actions, including an amendment to the project description to clarify that special events for non-Oasis users would likely be fundraising opportunities for nonprofits. The motion was seconded.
  • Vote: The motion passed unanimously.

Closed Session

  • The Board entered closed session to discuss three litigation matters: Rancho La Laguna v. County of Santa Barbara, Scott v. County of Santa Barbara, and Eli v. County of Santa Barbara. Upon returning, the Clerk reported that the Board took no reportable action during the closed session.

Departmental Item 2: 2021 Annual Reports and 2022 Legislative Platform

  • Item: Adoption of the 2021 annual reports from federal and state legislative advocates and the 2022 legislative platform.
  • Discussion: Staff presented the 2021 annual reports, highlighting the enactment of the American Rescue Plan ($86.8 million in Coronavirus Relief Funds) and the Bipartisan Infrastructure Law. The state report detailed the 2021 legislative session, including a $100 billion state surplus and the 340B drug pricing program, which poses a potential revenue loss of approximately $4.4 million to the County. Staff presented the proposed 2022 Legislative Platform, which includes eight principles (adding "Diversity, Equity, and Inclusion") and two new planks regarding cannabis state licensing and Brown Act flexibility.
  • Board Questions: Board members asked questions regarding state term limits, the source of the state budget surplus, and the Governor’s anticipated push on housing.
  • Motion: Supervisor Hartman moved to adopt staff recommendations A through C. The motion was seconded.
  • Vote: The motion passed unanimously.

Departmental Item 3: FY 2022-2023 Budget Development Report and Proposed Policies

  • Item: Adoption of the FY 2022-2023 budget development report and proposed policies.
  • Discussion: Staff presented the budget development timeline and a positive economic outlook, citing a projected $31 billion state surplus. The five-year financial forecast indicated a 4.7% increase in property taxes and a 7% decrease in cannabis tax revenue for FY 2022-23. Staff noted projected deficits in major operating funds due to salary and benefit increases outpacing federal and state revenues.
  • Proposed Policies: Staff proposed six new budget development policies, including transferring Project Clean Water to the Public Works General Fund, restricting new ongoing allocations of cannabis revenue, setting aside a $5 million uninsured litigation cost reserve, establishing a working capital reserve fund, setting aside $1.3 million annually for energy/security/roof upgrades, and determining if new revenue from debt-funded projects can be used for debt service.
  • Board Discussion: Board members discussed the accumulation of projected deficits, the volatility of cannabis revenue, and the rationale for the litigation reserve. Supervisor Hartman proposed adding the Lower Rio Road bypass to the list of board priority focus areas. Supervisor Lavinino noted the policies reflect prudent spending on long-term priorities. Supervisor Williams stated the policies are prudent for the current moment but should be reviewed for perpetuity. Another board member discussed the challenge of balancing countywide responsibilities with specific needs of unincorporated communities and suggested directing future cannabis revenue to address specific local needs.
  • Motion: A motion was made to adopt Staff Recommendations A through D. The motion was seconded.
  • Vote: The motion passed unanimously.
Passed 4–0 · unanimous

Departmental Item 4: CLAFI Appeal Case No. 21 APL 48 (Cresco California Mixed Light Cultivation and Processing Project)

  • Item: Appeal of the Planning Commission’s approval of the Cresco project.
  • Ex Parte Communications: Several board members disclosed communications with the applicant and its representatives, including site visits and meetings regarding odor control technology.
  • Late Documents: A motion was made to accept late-arriving documents into the record, including public comments and a revised presentation. The motion was seconded and passed unanimously.
  • Staff Presentation: Staff presented the appeal regarding a revision to an existing development plan for 7.98 acres of cultivation and processing in Carpinteria. The project includes demolition of three greenhouses, construction of a new processing building and nursery greenhouse, and the use of a Regenerative Carbon Scrubbing System (RCSS) for odor control. Staff recommended denying the appeal and granting de novo approval subject to conditions.
  • Appellant Presentation: The appellant argued that the analysis of impacts to endangered species was insufficient, raised concerns about stormwater overflow, and stated that the RCSS technology is not proven as "Best Available Control Technology." They requested denial of the project or specific conditions regarding greenhouse covering and carbon scrubber operation.
  • Applicant Presentation: The applicant stated that the project includes community benefits, local hiring, and improvements to employee traffic and aesthetics. They argued that the RCSS is environmentally superior to traditional carbon filtration and that the project results in a net reduction of structural development.
  • Public Comment: Seven speakers addressed the board. Four supported the project, citing compliance, community support, and responsible operation. Three opposed the project, arguing that odor source verification is impossible, the technology does not guarantee compliance with no off-site odor requirements, and the vapor phase system poses environmental risks.
  • Rebuttals: The appellant clarified that the proposed system uses regenerative carbon and challenged the applicant's claims regarding wildlife impacts. The applicant stated that greenhouses are already sealed at night and confirmed commitment to the universal odor plan.
  • Staff Clarification: Staff confirmed that permit compliance staff will monitor the project and investigate odor complaints. Staff noted that no permits were required for the removal of avocado trees and that they are working with a consultant to improve odor source accuracy.
  • Board Deliberations: Supervisors discussed the importance of community engagement, the energy efficiency of the new technology, and the project as an improvement over existing infrastructure.
  • Motion: A motion was made to deny the appeal, uphold the project, and approve the project with the proposed design, including the additional riparian buffer. The motion was seconded.
  • Vote: The motion passed unanimously.

Adjournment

  • The meeting was concluded. The next meeting was scheduled for December 14 at the Santa Barbara hearing room.