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Board of Supervisors — 2022-08-16

Board of Supervisors — 2022-08-16August 16, 2022

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BodyBoard of Supervisors
MeetingRegular Meeting
Date📅 August 16, 2022

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Meeting Summary

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

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

CEO’s Report

  • Staff presented details on the county's participation in Central Coast Community Energy (CCCE), including recent EV charger and vehicle incentive distributions.
  • Presenters outlined CCCE's goal of 100% renewable energy by 2030 and reported a 40% increase in enrollment for renewable options.
  • Questions addressed the application deadlines for the "Electrify Your Ride" e-bike program and outreach strategies for non-enrolled customers.

Announcements

  • The Clerk announced an agenda addendum adding a fourth amendment to the agreement with California Forensic Medical Group (CFMG) WellPath.
  • Human Resources recommended a 2.5% performance-based salary increase for the County Executive Officer, effective August 22, 2022.

Administrative Agenda Items

  • The Board approved resolutions and agreements for the Behavioral Wellness Department, including the designation of a Crisis Stabilization Unit as an LPS 5150 facility.
  • Revenue agreements for Animal Services with five cities for FY 2022–2027 were approved despite public concerns regarding staffing vacancies and costs.
  • A $35,000 contribution to the Santa Ynez Valley Senior Citizens Foundation for Meals on Wheels was approved.
  • The fourth amendment to the agreement with CFMG WellPath for medical and mental health care services was approved.
Passed 4–0 · unanimous

Honorary Resolutions

  • Resolutions were adopted honoring Owen Bailey, Judy Weisbart, and Charlotte Gullip Moore for their community service and professional contributions.
  • A resolution was adopted honoring Under Sheriff Sol Linver upon his retirement after over 38 years of service.

Child Support Awareness Month Resolution

  • The Board adopted a resolution proclaiming August 2022 as Child Support Awareness Month.
  • Department representatives discussed initiatives including virtual workshops, staff training, and the implementation of digital tools like "Lobby Central."

CALSAS Project Team Recognition

  • The Board adopted a resolution recognizing the Department of Social Services CALSAS project team as Employees of the Month for August 2022.
  • Staff described the team's role in preparing for the migration to the California Statewide Automated Welfare System, scheduled for April 2023.

Monkeypox (Mpox) Outbreak Update

  • Public Health reported five confirmed cases in the county and detailed vaccination efforts, including the use of dose-splitting to expand capacity.
  • Officials clarified that the virus spreads primarily through close skin-to-skin contact and is rarely fatal.
  • The Board received and filed the item, determining that CEQA is not required.
No decision 1–0

Commercial Cannabis Ordinance Amendments

  • The Board adopted amendments to the Land Use and Development Code requiring Conditional Use Permits (CUPs) for new commercial cannabis operations and specific processing activities.
  • The operative date was set for January 31, 2023, to allow two projects currently in the pipeline to complete their processes before new requirements take effect.
  • Staff confirmed that odor abatement plans are required in specific circumstances, such as adjacency to developed rural neighborhoods or high lot coverage.
Passed 3–0 · unanimous

Sheriff’s Office ALPR Study

  • The Board approved the Sheriff’s Office participation in a one-year study of fixed-position Automated License Plate Reader (ALPR) technology.
  • The study involves installing 25 cameras at no cost to the county, with data retained for 30 days and stored in a secure government cloud.
  • Presenters clarified that the system does not use facial recognition and that data is not shared with private entities or federal agencies.
Passed 4–0 · unanimous

Closed Session

  • The Board discussed two items of existing litigation: Torres v. County of Santa Barbara and Santa Barbara County Flood Control and Water Conservation District v. Drew.
  • County Counsel reported that the Board took no reportable action during the closed session.

Full summary

Meeting Start and Roll Call

  • The Santa Barbara County Board of Supervisors convened for its August 16, 2022 meeting. The Clerk called the roll, noting that Supervisor Nelson was participating remotely.

Approval of Minutes (July 12, 2022)

  • Supervisor Lavagnino moved to approve the minutes from July 12, 2022, which was seconded by Supervisor Lavagnino. No further discussion was recorded. The motion passed unanimously.
Passed 4–0 · unanimous

CEO’s Report

  • CEO Miyasako announced a free virtual Family Resource Workshop hosted by the Department of Child Support Services on August 25. Ashley Watkins (Division Chief, Community Services Sustainability Division) and Jenna Espinoza (Manager of Customer Accounts and Services, Central Coast Community Energy [CCCE]) presented on the county’s participation in CCCE. Key points included CCCE distributing over $300,000 in FY 21-22 through the "Electrify Your Ride" program; the county receiving $90,000 for 22 EV chargers and $150,000 in incentives for 30 EVs; CCCE serving 33 city and county agencies and over 400,000 customers; and CCCE’s goal of 100% clean and renewable energy by 2030. Enrollment in the 100% renewable option increased by 40% in the last year, and CCCE has provided over $50 million in customer savings since 2018. In 2022, CCCE transitioned PG&E shared customers to a "Cost of Service" rate-setting model. The "Electrify Your Ride" program for e-bikes is expected to end on September 30, 2022, with applications due by October 15, 2022.
  • Supervisor Das-Williams asked about the application process for the e-bike rebate, and CCCE confirmed the deadlines. Supervisor Hart asked about outreach to customers not enrolled in renewable options; CCCE noted plans to target "wait and see" customers and clarified that CARE/FARA program participants do not need to re-apply. One member of the public commented on utility rates and liability following mudslides. No motion was taken on this item.

Announcements

  • The Clerk announced an agenda addendum posted on August 12, adding Administrative Item 45 regarding a fourth amendment to the agreement with California Forensic Medical Group (CFMG) WellPath. The Clerk also announced that per Government Code Section 54953(c)(3), the salary information for County Executive Officer Mona Miyasato would be summarized verbally. Human Resources recommended a 2.5% performance-based annual salary increase effective August 22, 2022, resulting in an annual salary of approximately $324,847. The Clerk reviewed methods for public participation, noting that face coverings are no longer required indoors but are encouraged.

Administrative Agenda Items

  • Item A7 (Behavioral Wellness Department): A resolution for the designation of Dignity Health (Marion Regional Medical Center) Crisis Stabilization Unit as an LPS 5150 facility and a first amendment to agreement BC 21-084 for FY 2021–2024. One member of the public representing NAMI Santa Barbara County commented on the importance of the unit.
  • Items A22–A26 (Public Health Department): Revenue Agreements for Animal Services with the Cities of Buellton, Goleta, Lompoc, Santa Maria, and Solvang for FY 2022–2027. One member of the public expressed concern over rising costs and service reductions, including a ~40% vacancy rate in animal control officer positions. Supervisor Lavagnino encouraged the public to apply for county positions.
  • Item A35 (Supervisor Hartman): A contribution of $35,000 to the Santa Ynez Valley Senior Citizens Foundation for the Meals on Wheels senior nutrition program. One member of the public expressed appreciation for the consideration.
  • Item A45 (Sheriff/Coroner’s Office and Probation Department): A fourth amendment to the agreement with CFMG WellPath for medical and mental health care services.
  • Supervisor Das-Williams moved to approve the administrative agenda, including the late-added Item A45. Supervisor Hart seconded the motion. The motion passed unanimously.
Passed 4–0 · unanimous

Honorary Resolutions

  • Item A39: A resolution honoring the memory of Owen Bailey, former Executive Director of the Environmental Defense Center. Remarks were offered by Supervisor Das-Williams, Linda Kropp, Brian Troutwine, and Chair Hartman. The resolution was adopted.
  • Item A40: A resolution honoring Judy Weisbart for her service on the County of Santa Barbara Commission for Women. Weisbart thanked the Board, and Supervisor Das-Williams thanked Weisbart for her community involvement. The resolution was adopted.
  • Item A41: A resolution honoring Charlotte Gullip Moore for her service on the County of Santa Barbara Commission for Women. Moore thanked the Board, and Supervisor Das-Williams thanked Moore for her professional background and community service. The resolution was adopted.
  • Item A42: A resolution honoring Under Sheriff Sol Linver upon his retirement after over 38 years of service. Sheriff Bill Brown spoke about Linver’s career and contributions. Mr. Linver addressed the Board, sharing a personal anecdote and thanking colleagues and family. The resolution was adopted unanimously.

Administrative Item 43: Resolution Proclaiming August 2022 as Child Support Awareness Month

  • The Clerk read a resolution sponsored by Supervisor Hartman. Meadow Richardson and Joni Maiden from the Department of Child Support Services addressed the Board, discussing department initiatives, including a virtual workshop, staff training, and the implementation of digital tools such as "Lobby Central" and Zoom instant video chat. The Board adopted the resolution.

Administrative Item 44: Resolution Honoring CALSAS Project Team as Employees of the Month

  • The Clerk read a resolution sponsored by Supervisor Hartman recognizing the Department of Social Services (DSS) CALSAS project team—Leopoldo Perez Jr., Veridiana Cervantes, and Dalette Alvarado—as Employees of the Month for August 2022. Maria Gardner, Deputy Director of DSS, introduced the team and described their roles in preparing for the migration to the California Statewide Automated Welfare System (CALSAS), scheduled to go live on April 24, 2023. A team member addressed the Board. Supervisors commented on the complexity of the system. The Board adopted the resolution.

General Public Comment

  • One member of the public spoke regarding lead content in lipsticks, citing studies indicating lead presence in many brands and requesting the Board consider this information regarding public health.

Departmental Item 1: Public Health Update on Monkeypox (Mpox) Outbreak

  • Daniel Nielsen, Interim Director of Public Health, and Dr. Ansorg, Health Officer, presented an update on the mpox situation. They noted the virus is less contagious than COVID-19 or smallpox and spreads primarily through close skin-to-skin contact. As of the hearing, Santa Barbara County had five confirmed cases, with four tests pending. The county had evaluated 24 suspect cases and 40 contacts, and administered 35 vaccines. Statewide, there were 1,733 confirmed cases in 30 jurisdictions.
  • The presentation detailed vaccination efforts, noting 220 regular doses were available for high-risk groups. Due to an FDA Emergency Use Authorization allowing dose-splitting, the county could vaccinate up to 1,100 people. Public Health is coordinating with Planned Parenthood and the Pacific Pride Foundation for outreach.
  • Supervisors asked questions regarding statewide case trends, immunity conferred by prior smallpox vaccination, and disease severity. Dr. Ansorg explained that mpox is rarely fatal and described symptoms as fever and a rash lasting two to three weeks. Supervisor Hartman asked about polio detected in wastewater in New York; Dr. Ansorg explained this was likely linked to the oral live vaccine used in other countries.
  • Supervisor Williams moved to receive and file the item and determine that CEQA is not required. Supervisor Lavagnino seconded the motion. The motion passed unanimously.

Departmental Item 2: Ordinance Amendments for Commercial Cannabis Cultivation and Processing

  • Lisa Plowman, Director of Planning and Development, and Karina Venegas presented proposed amendments to the County Land Use and Development Code (LUDC) regarding commercial cannabis cultivation and processing. The amendments aim to implement new permit requirements for processing and align odor abatement plan (OAP) standards with Conditional Use Permit (CUP) requirements.
  • Key provisions include:
  • Existing operators with an approved Land Use Permit (LUP) may add processing via an LUP or a revised CUP. New operators would be subject to a CUP.
  • A CUP would be required for all indoor and outdoor commercial cannabis uses in the AG-2 zone, and for outdoor cultivation in the MRP, M1, and M2 zones.
  • Existing LUP holders are not considered non-conforming uses. Minor changes may be made without a CUP provided they do not result in new adverse environmental effects. Major changes would require a CUP.
  • OAPs are required if a project is adjacent to an existing developed rural neighborhood, exceeds 51% lot coverage in AG-2, or is within the San Ynez Community Plan Area.
  • The amendments are within the scope of the certified Programmatic Environmental Impact Report (PEIR) from 2018.
  • Supervisor Williams asked about "use it or lose it" provisions for permits. Staff and County Counsel confirmed that existing code provisions allow for permit expiration and nullification of CUPs if operations cease.
  • Public comment was provided by three speakers: 1. Nancy Emerson (We Watch) urged the Board to require a CUP for all new operations and to mandate indoor processing with odor control technology for existing LUP holders. 2. Mark Shatillo (Santa Barbara Coalition for Responsible Cannabis and Cuyama Valley Cannabis Advisory Committee) supported CUP requirements for all AG-2 grows, objected to a late letter from D.R. Welch, requested that odor control requirements be applied whenever justified by site conditions, and suggested limiting LUPs for processing to cannabis grown on the same parcel. 3. Richard Campbell cited frequent cannabis odor along Highway 101 between Summerland and Montecito and urged the Board to ensure odor abatement is effective.
  • Supervisor Williams discussed the implications of regional processing facilities versus on-site processing. Supervisor Lavagnino supported the staff recommendations. Supervisor Williams raised a question regarding the effective date of the ordinance and its impact on projects already in the pipeline.
  • Staff advised that an effective date of January 31, 2023, was recommended to allow two specific projects currently in the pipeline (Old College Road and Nahui Farms) to complete their current processes before the new CUP requirements took effect. Staff noted that changing the effective date to a later point would prevent these applicants from having to restart their applications at the Planning Commission level.
  • Supervisors discussed the implications of the effective date on applicants who had already undergone Planning Commission hearings. Staff clarified that if the effective date passed before an appeal was heard by the Board of Supervisors, the project would likely need to return to the Planning Commission for a CUP hearing.
  • Discussion also covered odor abatement requirements. Staff confirmed that odor abatement plans are required in four specific circumstances: adjacency to an EDRN or Urban Rural Boundary, cumulative coverage exceeding 51% of gross lot area in Ag-2, location within the San Ynez Community Plan boundary, or the presence of processing on the property. Staff and County Counsel confirmed that while odor abatement cannot be required outside these specific code provisions, the Board retains the authority to request odor control measures as part of the compatibility findings for a CUP.
  • Supervisors inquired about processing facilities and development plan triggers. Staff explained that a development plan is required for individual structures over 15,000 square feet or cumulative structural development exceeding certain thresholds based on lot size. It was noted that processing activities require the use of best available technology to minimize odors. Questions were raised regarding whether trucking, loading, and unloading activities are covered under current odor control regulations; staff indicated these are not explicitly identified as "processing" in the code but are subject to general odor limitation requirements.
  • A motion was made to adopt staff’s recommendation with a change to Section 11 of the ordinance, setting the operative date to January 31, 2023. The motion was seconded. The motion passed unanimously.
Passed 3–0 · unanimous

Closed Session (Litigation)

  • The Board recessed to closed session to discuss two items of existing litigation: Torres v. County of Santa Barbara (Santa Barbara Superior Court Case No. 21CV02933) and Santa Barbara County Flood Control and Water Conservation District v. Drew (Santa Barbara Superior Court Case No. 19CV06497). Upon reconvening, County Counsel reported that the Board took no reportable action during the closed session.

Sheriff’s Office Participation in National Policing Institute ALPR Study

  • The Sheriff’s Office presented a proposal for the County to participate in a one-year study of fixed-position Automated License Plate Reader (ALPR) technology conducted by the National Policing Institute. The study, funded by Axon Industries and The Flock Group, would involve the installation of 25 fixed-position ALPR cameras at agreed-upon public locations in Santa Barbara County at no cost to the County.
  • Presenters explained that ALPR technology uses digital cameras and software to log the presence of license plates at specific locations and times. The technology is not facial recognition and does not contain personal identifying information. Data is stored securely in the AWS Government Cloud with end-to-end encryption. The Sheriff’s Office would retain ownership of all ALPR data. Data not specifically tied to a significant criminal investigation would be deleted after 30 days. The study aims to evaluate the effectiveness of ALPR systems in enhancing the timeliness and closure rate of criminal investigations.
  • Supervisors asked questions regarding the placement of the 25 cameras, noting that locations would be determined by the Sheriff’s Special Investigations Team and Rural Crime Investigator based on trends and community input. It was clarified that the system requires manual entry of license plates for proactive alerts or can be used for after-the-fact investigations. The system does not automatically pull data from the DMV or third-party databases.
  • Privacy protections were discussed, including the 30-day data retention policy, the prohibition on sharing data with private entities or federal agencies, and the requirement for auditable search reasons. A transparency portal would be maintained to provide public access to policies, camera counts, data retention policies, and search statistics.
  • Supervisors inquired about the training required for personnel, the audit process, and the potential for moving cameras during the study period if necessary. It was noted that moving cameras would incur some cost to the agency. The presentation included examples of ALPR use in other jurisdictions, such as Santa Maria Police Department, which reported using the system in 264 cases and making 86 arrests between January and July of the current year.
  • The Clerk of the Board noted there were no public comments. In response to a question regarding the size and security of the proposed equipment, the Clerk explained that the units are approximately one foot by one foot, include weather protection, and are typically mounted on high public utility poles to deter vandalism.
  • Supervisor Lavagnino moved to adopt Staff Recommendation A through D. The motion was seconded. The motion passed unanimously.
Passed 4–0 · unanimous

Adjournment

  • Chair Hartman adjourned the meeting. The Chair delivered remarks in memory of Ventura County Board of Supervisors Chair Carmen Ramirez, who died in a vehicle accident the previous week. The Chair noted that the next meeting is scheduled for August 23 in Santa Maria.