Board of Supervisors — 2022-01-25January 25, 2022

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BodyBoard of Supervisors
MeetingRegular Meeting
Date📅 January 25, 2022

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Meeting Summary

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At a glance

Safe Parking/Regional Issue

  • Public comment included a request from a Santa Maria City Council member to keep the conversation open.
  • The Board discussed the complexity of the issue, fund availability, and the need for city partnerships.
  • The Board decided to fold the continuance of this item into the balance of the agenda.

Lease/Quarantine

  • Supervisor Nelson raised questions regarding the lease wind-down notice and a related quarantine issue.
  • The Board agreed to address the lease for the moment, suggesting the quarantine issue might be better addressed in a later D-item.
  • The item was approved as part of the balance of the administrative agenda.

International Holocaust Remembrance Day

  • Supervisor Williams introduced a resolution to proclaim January 27, 2022, as International Holocaust Remembrance Day in Santa Barbara County.
  • The resolution acknowledged the persecution of European Jewry and other groups by Nazi Germany and expressed the County’s commitment to remembering victims.
  • Public comments were received from representatives of the Anti-Defamation League, a Holocaust survivor, and other community members.
  • The Board adopted the resolution.

Amendment to Chapter 27 of the County Code

  • County Human Resources presented a request to correct an error that inadvertently required a civil service competitive selection process for non-civil service positions.
  • The proposed amendment deletes redundant language and corrects the error regarding appointed board members and Sheriff’s Work Release Program participants.
  • A motion was made and seconded to approve the amendment.
  • The motion carried unanimously.

Appeal of Planning Commission Denial (Industrial Greenhouse)

  • The Board considered an appeal regarding the denial of a land use permit for a 15,648-square-foot greenhouse on an Ag 1-5 zoned parcel.
  • Staff determined the project is consistent with allowed density and recommended it be exempt from CEQA review.
  • Public commenters raised concerns regarding odor, visual impacts, and compatibility with the community plan and adjacent small-scale agricultural uses.
  • The Board discussed the judicial nature of the appeal and the subjective nature of the "appropriate" standard in the code.
  • A motion was made to approve the appeal and uphold the project.
  • The motion passed with a vote of 3-2.

Ordinance Regulating Hemp

  • Staff presented a proposed ordinance to regulate hemp cultivation, including provisions for licensing, fees, and a 180-acre cap.
  • Public commenters expressed concerns regarding odor, enforcement difficulties, and the potential for black market activity.
  • The Board discussed the necessity of regulation to prevent hemp from being used as a cover for illegal cannabis cultivation.
  • A motion to adopt the ordinance as presented passed with a vote of 4 to 1.
  • A conceptual motion to direct staff to develop language for a cap on hemp acreage passed with a vote of 4 to 1.
Passed 3–1 · against: Nelson
Passed 3–1 · against: Nelson

COVID-19 Update

  • Public Health officials provided data on new cases, deaths, hospitalizations, and vaccination rates in Santa Barbara County.
  • Staff outlined strategies for reaching an endemic state, including high vaccination rates and the use of antiviral medications.
  • Board members inquired about the correlation between case counts and hospitalizations and delays in test result turnaround times.
  • A motion was made to receive and file the report and determine it is exempt from CEQA.
  • The motion passed unanimously.

Housing Authority Home Key Program Application

  • The Board noted a request to withdraw the item concerning a conditional reservation of funding for a Home Key program application in Santa Maria.
  • The item was withdrawn from the agenda.

Homeless Shelter Funding

  • Staff presented an opportunity to secure a $17 million state grant to purchase a Motel 6 property in Santa Maria for use as a homeless shelter.
  • The Supervisor representing the area identified significant opposition from the City of Santa Maria due to concerns about location and safety.
  • The Supervisor proposed removing the item to allow time for the city and county to address concerns and potentially reapply before the March deadline.
  • A motion was made to remove the item from the agenda.
  • The motion passed.

Vaccine Incentive Program

  • Staff presented an application from Fighting Back Santa Maria Valley to receive funds for distributing vaccine incentives to increase vaccination and booster rates.
  • Board members expressed support for the organization’s efforts to increase vaccine accessibility.
  • A motion was made to accept staff’s recommendations and approve the funding.
  • The motion passed.

Ordinance Introduction and CEQA Guidelines

  • A member clarified that the proposed project was analyzed for policy consistency with the Sandy’s Community Plan.
  • A motion was made to approve the introduction of the ordinance, CEQA guidelines, and setting a hearing for February 1st.
  • No vote outcome is recorded in the provided text for this specific motion.

Full summary

Approval of Minutes (January 11, 2022)

  • The Board reviewed the minutes from the previous meeting. A motion was made and seconded to approve the minutes. The motion passed.

CEO Report

  • Assistant CEO Frapwell provided the report in the absence of CEO Miyasato. No motions or votes were recorded for this item.
Failed 1–3 · in favor: Hartmann

Administrative Agenda Items

  • Item A-5 (Safe Parking/Regional Issue): Public comment was received, including a request from a Santa Maria City Council member to keep the conversation open. Board members discussed the complexity of the issue, fund availability, and the need for city partnerships. The Board decided to fold the continuance of this item into the balance of the agenda.
  • Item A-8: The item was reviewed and approved as part of the balance of the administrative agenda.
  • Item A-18 (Lease/Quarantine): Supervisor Nelson raised questions regarding the lease wind-down notice and a related quarantine issue, suggesting the quarantine issue might be better addressed in a later D-item. The Board agreed to address the lease for the moment. The item was approved as part of the balance of the administrative agenda.
  • Item A-19: Public comment was allowed, and the item was reviewed. A motion was made and seconded to approve the item. The motion passed.
  • Balance of Administrative Agenda: Supervisor Nelson moved and Supervisor Williams seconded a motion to approve the balance of the administrative agenda, including the withdrawal of Item A-5. The motion passed.

Resolution: International Holocaust Remembrance Day (Item 26)

  • Supervisor Williams introduced a resolution to proclaim January 27, 2022, as International Holocaust Remembrance Day in Santa Barbara County. The resolution acknowledged the persecution and annihilation of European Jewry and other groups by Nazi Germany between 1933 and 1945, and expressed the County’s commitment to remembering victims, honoring survivors, and promoting human dignity. Public comments were received from representatives of the Anti-Defamation League, a Holocaust survivor, and other community members, discussing the importance of education, the impact of hate crimes, and historical context. The Board adopted the resolution.

General Public Comment

  • Speakers addressed various topics not on the agenda, including concerns about public records requests, vaccine science, and political ideologies. One speaker requested a public debate between Dr. Malone and another expert. Another speaker quoted Supervisor Williams regarding the endurance of the government system. Public comment concluded.

Departmental Agenda Item 1: Amendment to Chapter 27 of the County Code (Personnel Matters)

  • Joe Pisano from the County Human Resources Department presented a request for Board approval of an amendment to Chapter 27. He explained that a previous amendment inadvertently required a civil service competitive selection process for non-civil service positions, such as appointed board members and Sheriff’s Work Release Program participants. The proposed amendment corrects this error and deletes redundant language. A motion was made and seconded to approve the amendment. The motion carried unanimously.

Departmental Agenda Item 2: Appeal of Planning Commission Denial (Industrial Greenhouse, Case No. 20-APL-28)

  • The Board considered an appeal filed by Steve Decker regarding the County Planning Commission’s denial of a land use permit for a 15,648-square-foot greenhouse on a 5.24-acre Ag 1-5 zoned parcel. Staff presented the project, noting that the Board had previously directed additional environmental review focused on lighting impacts. Staff determined that the project is consistent with the allowed density for the Ag 1 zone and does not create more severe environmental impacts than those reviewed in the Community Plan EIR, recommending the project be exempt from CEQA review pursuant to Section 15183 of the State CEQA Guidelines.
  • Public commenters raised concerns regarding odor, potential for illicit use, visual impacts, and compatibility with the community plan. A representative for the Committees for Land Air Water and Species argued that the categorical exemption from CEQA was improperly relied upon because consistency with the community plan had not been fully analyzed. A representative for WE WATCH requested the denial of the appeal, arguing the greenhouse was inappropriate for the inner-rural area and inconsistent with the community plan’s description of small-scale agriculture. A neighbor expressed surprise at the lack of an environmental review and noted that the HOA architectural committee had not received plans. The applicant, Mr. Decker, responded to questions.
  • Board members discussed the legal framework of the Land Use Permit appeal, noting that the Board’s role is judicial rather than legislative. Members acknowledged the zoning consistency of the project but expressed concern about the subjective nature of the "appropriate" standard in the code. Some members noted that the project had been previously heard and that denying it now after requesting additional review would be inconsistent. Others emphasized the need for compatibility with adjacent agricultural uses, noting that adjacent uses are small-scale (horses, goats, 4-H) and that a large industrial greenhouse is not compatible with this context.
  • A motion was made to approve the appeal and uphold the project, including actions A through D. The motion passed with a vote of 3-2.

Departmental Agenda Item 3: Ordinance Regulating Hemp

  • Lottie Martin, Deputy Agricultural Commissioner, presented a proposed ordinance to regulate hemp cultivation in the unincorporated area. The ordinance aims to promote agricultural diversification, protect the environment and public safety, and includes provisions for local licensing, fees, a bond for destruction of non-compliant hemp, culling of male plants to prevent cross-pollination, and signage. It allows for administrative fines and license suspension and includes a 180-acre cap on cultivation and a one-year amortization period for existing registrants.
  • Public commenters expressed concerns regarding odor, enforcement difficulties in distinguishing hemp from THC cannabis, and the potential for black market activity. A representative for the Santa Barbara Coalition for Responsible Cannabis requested a permit program with odor controls or a limitation on licenses to current amounts. A representative for the Grower Shipper Association requested the addition of land use components such as setbacks and acreage minimums. A representative for WE WATCH expressed concern that the ordinance did not include land use regulations for where hemp can be grown or how odor will be controlled.
  • Board members discussed the necessity of regulation to prevent hemp from being used as a cover for illegal cannabis cultivation. Concerns were raised regarding the financial burden of bonding requirements on farmers, with suggestions to consider proof of funds or other financial stability criteria as alternatives. Members debated the implementation of an acreage cap, with some supporting a cap to maintain the status quo and prevent unintended consequences, while others argued that market forces were already limiting growth. Staff advised that the ordinance would not take effect until 30 days after the second reading and that any new registrations during that period would need to be addressed through amortization or re-registration processes.
  • The Board separated the discussion into two motions: 1. Motion to Adopt the Hemp Ordinance: A motion was made and seconded to adopt the ordinance as presented. The motion passed with a vote of 4 to 1. 2. Conceptual Motion for Acreage Cap: A conceptual motion was made and seconded to direct staff to develop language for a cap on hemp acreage, with discussion suggesting a cap near the current level (approximately 179–180 acres). The Board agreed to trail the item to allow staff time to draft the specific language for the cap, intending to return to the item for further action. The conceptual motion passed with a vote of 4 to 1.

Departmental Agenda Item 4: COVID-19 Update

  • Public Health officials provided an update on coronavirus disease 2019 (COVID-19) in Santa Barbara County. Key data points included:
  • New cases: 780; New deaths: 2 (both individuals aged 70+ with underlying conditions).
  • Active cases: 5,645; Hospitalized: 139 (17 in ICU).
  • Total cases: 73,544; Total deaths: 587.
  • Case rate per 100,000: 181.02; Testing positivity: 23.4%.
  • Vaccination rates: 78.4% of eligible individuals vaccinated; 70.1% fully vaccinated.
  • Hospital capacity: 71% of hospital beds in use; 81% of staffed ICU beds in use.
  • Outbreaks: 211 active outbreaks (93 businesses, 48 schools, 70 congregate living facilities).
  • Testing: Median turnaround time for PCR tests is 72 hours. Antigen test kits are being distributed through 77 partners countywide.
  • Comparison data: Unvaccinated individuals have a case rate of 631 per 100,000 compared to 154 per 100,000 for vaccinated individuals. California’s cumulative case and death rates per 100,000 are lower than those reported for Arizona, Florida, and Texas.
  • Staff presented data indicating a decrease in case rates from the peak of 256 cases per 100,000, noting that the surge occurred rapidly in early December. Staff defined the transition from pandemic to endemic status, explaining that endemic diseases are manageable and do not overwhelm healthcare systems. Strategies for reaching an endemic state were outlined, including high vaccination rates with boosters, the use of antiviral medications (Paxlovid, Remdesivir, Molnupiravir), and monoclonal antibodies (Sotrovimab), noting that previous monoclonal antibodies were withdrawn due to ineffectiveness against the Omicron variant. Staff reported current hospitalization numbers at 139 patients and 17 in the ICU, attributing the high numbers to the sheer volume of new infections despite lower hospitalization rates per infection compared to previous variants. Staff emphasized the importance of self-testing, isolation, masking, and social distancing.
  • Board members inquired about the correlation between case counts and hospitalizations, noting that current metrics differ from previous waves. Questions were raised regarding the turnaround time for test results at OptumServe locations, with reports of delays ranging from five to eight days, which exceeds standard quarantine periods. Staff confirmed efforts to monitor community-based organizations distributing antigen tests and suggested redeploying unused tests through drive-through methods. The Board acknowledged the ongoing impact of the Omicron surge on hospital resources and noted that hospitals are restricting elective procedures due to high occupancy rates.
  • A motion was made and seconded to receive and file the COVID-19 report and determine it is exempt from CEQA. The motion passed unanimously.

Administrative Item 5: Housing Authority Home Key Program Application

  • The Board noted a request to withdraw Administrative Item 5, which concerned a conditional reservation of funding for the Housing Authority of the County of Santa Barbara for a Home Key program application in Santa Maria. The item was withdrawn from the agenda.

Homeless Shelter Funding (Motel 6 Purchase, Santa Maria)

  • Staff presented an opportunity to secure a $17 million state grant to purchase a Motel 6 property in Santa Maria for use as a homeless shelter. The application deadline was noted as January 31, with a competitive submission deadline in March.
  • The Supervisor representing the area explained that after consulting with the City of Santa Maria’s Mayor, Council, and Police Department, significant opposition was identified due to concerns about location, safety, and lack of prior collaboration. The Supervisor stated that proceeding without a collaborative partnership with the city would likely fail. The Supervisor proposed removing the item from the current agenda to allow time for the city and county to address concerns and potentially reapply for the funds before the March deadline. Other Board members expressed support for the need to address homelessness but acknowledged the necessity of community buy-in and the lack of a clear alternative location.
  • A motion was made to remove the item from the agenda. The motion passed.

Vaccine Incentive Program (Fighting Back Santa Maria Valley)

  • Staff presented an application from Fighting Back Santa Maria Valley to receive funds for distributing vaccine incentives to increase vaccination and booster rates. The organization coordinated with schools, churches, and other venues to host clinics and provide incentives to overcome barriers such as work schedules.
  • Board members expressed support for the organization’s efforts to increase vaccine accessibility. One member expressed discomfort with the use of cash incentives for medical decisions but acknowledged the organization’s role as a partner.
  • A motion was made to accept staff’s recommendations and approve the funding. The motion passed.

Ordinance Introduction and CEQA Guidelines

  • A member clarified that the proposed project was analyzed for policy consistency with the Sandy’s Community Plan, noting that it is a permitted use on agricultural zone land that meets all associated development standards. Another member addressed questions regarding received plans, identifying them as related to HOA architectural review.
  • A motion was made to approve the recommended staff actions, which include: 1. Approving the introduction of the ordinance. 2. Approving the CEQA guidelines and requirements. 3. Setting a hearing for February 1st to consider the adoption of the ordinance, including revisions associated with the CAP amendment.
  • No vote outcome is recorded in the provided text for this specific motion.
Passed 3–1 · against: Nelson