Meeting Summary
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At a glance
Diamond Rock Sand and Gravel Issue
- The Board continued the item for one additional week to allow parties to finalize an agreement.
- Staff noted that the matter is expected to be heard the following week.
No decision 0–0
Resolution Recognizing New Hope Missionary Baptist Church
- The Board adopted a resolution recognizing the church's 50th anniversary and its community ministries.
- Public commenters discussed the decline of the African American population in the county and the need for economic retention strategies.
Auditor-Controller’s Audit Reports
- The Board reviewed audit findings regarding compliance deficiencies in a Sheriff’s Office and CDCR grant program.
- Staff proposed implementing pre-contract vetting standards and robust compliance monitoring for future grants.
- Supervisors discussed the distinction between dependent and independent special districts regarding audit responsibilities.
Braddock House HOME Investment Partnerships Program Loan Agreement
- The Board removed the item from the agenda to investigate extending the affordable housing period beyond 30 years.
- Staff clarified that the 30-year period was recommended by the Capital Loan Committee based on federal funding requirements.
Appointments to Committees and Boards
- The Board approved the appointment of Louis Escobar to the Riding and Hiking Trails Committee.
- The Board approved the appointment of Trent Benedetti to the Assessment Appeals Board.
Hearing on Hazardous Materials Program Fee Ordinance
- The Board heard concerns from stakeholders regarding fee structures and inspection frequencies for hazardous materials.
- Staff explained the division of responsibilities between the County Fire Department and the City of Santa Maria for business plan inspections.
Tax Collector’s Secured Tax Billing and Collection Practices
- The Treasurer-Tax Collector presented data on secured tax billing, delinquency rates, and redemption roll statistics.
- Staff explained the process for handling delinquent taxes, including the five-year redemption window and subsequent auction procedures.
- The Board inquired about the status of non-profit entities on the redemption roll and the notification process for lienholders.
Resolution Recognizing National Adoption and Permanency Month
- The Board adopted a resolution recognizing November 2011 as National Adoption and Permanency Month.
- Staff noted that approximately 90 adoptions are anticipated for 2011 in the county.
Resolution of Commendation for Bill Knowlton
- The Board adopted a resolution commending Park Ranger Bill Knowlton for his 36 years of service.
- The resolution recognized his roles as a grounds maintenance ranger, irrigation specialist, and park ranger.
Crude Oil Production Tax
- Staff presented a recommendation to consider a crude oil extraction tax measure for the November 2012 ballot.
- Public commenters expressed mixed views, with industry representatives opposing the tax and environmental groups supporting revenue generation with specific constraints.
- The Board voted to fail a motion directing staff to continue work on the initiative without incurring costs for consultants or polls.
- A subsequent motion regarding the tax measure and campaign strategy also failed.
Full summary
Meeting Start and Roll Call
- The Board of Supervisors meeting for December 8, 2011, was called to order. A roll call was taken, confirming all members were present. The Pledge of Allegiance was recited.
Approval of Minutes (November 1, 2011)
- Motion: To approve the minutes of the November 1, 2011 meeting.
- Second: Supervisor Farr.
- Discussion: None.
- Vote: Passed.
Item 3: Diamond Rock Sand and Gravel Issue
- Motion: To continue the item for one additional week.
- Second: Unidentified member.
- Discussion: Supervisor Carbajal noted that the appellants and applicant are working toward an agreement and that the matter is expected to be heard the following week.
- Vote: Passed.
No decision 0–0
Administrative Agenda Overview
- Announcements: Staff noted requests for public comment on items A3, A5, and A22. Parties scheduled for resolutions at 11:30 AM were notified to arrive by 10:30 AM due to the continuation of Item 3.
- Board Comments: Supervisor Wolf requested to speak on Item A6. Supervisor Lavagnino requested to speak on Items A20, A21, and A22.
Item A3: Resolution Recognizing New Hope Missionary Baptist Church
- Discussion: Dr. Robert Jones spoke regarding the 50th anniversary of the church. He discussed the decline of the African American population in Santa Barbara County from 30% in 1980 to 1% currently, citing job and housing losses. He requested that the county consider strategies to retain and attract African American residents, including funding for housing and social services, and noted concerns about illegal removal practices.
- Action: Included in the bulk approval of the administrative agenda.
Item A5: Proposition 4111 Appropriation Limits
- Discussion: Dr. Robert Jones spoke on this item alongside A3, reiterating his comments regarding the economic and social conditions of the African American community and the need for county action to address population decline and economic opportunity.
- Action: Included in the bulk approval of the administrative agenda.
Item A6: Auditor-Controller’s Audit Reports (Sheriff’s Office / CDCR Agreement C06444)
- Discussion:
- Supervisor Wolf raised concerns about compliance deficiencies found in the audit of a grant program (2007–2009) involving the Sheriff’s Office and the California Department of Corrections and Rehabilitation (CDCR). She noted that approximately $280,000 was spent on case management salaries not specified in the original contract, and that the Sheriff’s Office cited insufficient staffing for monitoring as the cause. She requested assurance that future contracts include robust compliance monitoring and that the Board receives necessary information before approving new contracts.
- Mr. Geis (Auditor-Controller) explained that the program was new and complex, with CDCR changing rules during the grant period and audit requirements becoming clear only near the end. He noted that the third-party organization was inexperienced in compliance. He proposed implementing pre-contract vetting standards, including requiring recent audited financial statements and assessing the organization’s financial health and capacity to monitor grants before execution.
- Supervisor Wolf suggested modifying contracts to ensure organizations are fully vetted before grants come to the Board.
- CEO Waller shared her experience serving on the State Advisory Commission to CDCR, noting frequent personnel changes and rule changes at the state level that complicated compliance. She suggested sending personnel to the state agency to verify program integrity.
- Supervisor Carbajal suggested a two-pronged approach: verifying the financial solvency of nonprofit partners through advance audits and ensuring clear compliance components (responsibility, monitoring plans) in all contracts.
- Supervisor Farr asked for clarification on how the Auditor-Controller’s office audits dependent special districts versus independent ones, noting concerns about timely detection of issues.
- Mr. Geis explained that the office audits smaller districts that cannot afford outside audits, issues annual compliance reports, and conducts financial analysis reports. He noted that standard financial statement audits do not always detect fraud or irregularities, which often require specific investigations or whistleblower reports. He clarified the distinction between dependent districts (where the Board makes appointments) and independent districts (elected or appointed by the Board in some cases).
- CEO Waller suggested sharing internal control policies with special districts and noted the value of educational tutorials.
- Action: Included in the bulk approval of the administrative agenda.
Item A9: Braddock House HOME Investment Partnerships Program Loan Agreement
- Discussion:
- Supervisor Carbajal questioned the 30-year affordable housing period, suggesting that longer periods (e.g., 50 or 99 years) might be preferable to preserve affordability, noting past discussions about extending affordability periods.
- Mr. Allen (Housing and Community Development) stated that the 30-year period was recommended by the Capital Loan Committee, with a base requirement of 20 years plus an additional 10 years. He noted that the project is complete and that the affordability period triggers monitoring requirements.
- Supervisor Carbajal suggested postponing the item for one week to investigate whether a longer affordability period is feasible.
- CEO Waller raised concerns about the impact of deed restrictions on bank lending in North County, where affordable units sometimes cannot secure loans due to restrictions.
- Mr. Allen clarified that this specific project is funded by federal HOME funds and is distinct from inclusionary housing projects in development agreements, though similar issues exist in North County.
- Supervisor Wolf moved to remove the item from the administrative agenda to allow for a one-week investigation into extending the affordability period, noting the project’s importance for developmentally disabled adults.
- Motion: To remove Item A9 from the administrative agenda and continue it for one week.
- Second: Implied by the vote.
- Vote: Passed.
Items A20 and A21: Appointments
- Item A20: Appointment of Louis Escobar to the Riding and Hiking Trails Committee.
- Discussion: Supervisor Lavagnino highlighted Mr. Escobar’s background as a businessman, ultra-marathoner, and high school cross-country coach. Mr. Escobar expressed gratitude and stated he would represent the interests of local high school teams and residents seeking safe recreational trails.
- Item A21: Appointment of Trent Benedetti to the Assessment Appeals Board.
- Discussion: Supervisor Lavagnino thanked Mr. Benedetti for his service, noting his role as a CPA. Mr. Benedetti was not present.
- Action: Both appointments were included in the bulk approval of the administrative agenda.
Item A22: Hearing on Hazardous Materials Program Fee Ordinance
- Discussion:
- Andy Caldwell (representing COLAB) requested that the Fire Department provide a comprehensive report on the program, including budget details, number of businesses in each category, inspection frequencies, and fee structures. He raised concerns about businesses paying fees for inspections to verify compliance they have already achieved, and noted past inequities regarding large entities like UCSB and Vandenberg Air Force Base.
- Supervisor Lavagnino asked how inspections are handled within city limits (specifically Santa Maria) and how fees flow.
- Mr. Todd (Fire Department) explained that within the City of Santa Maria, a city employee handles the business plan element, while the County Fire Department handles other programs (underground/above-ground storage tanks, waste generation). He noted that the city charges a surcharge for electronic reporting. He confirmed that the County met with CTAC (California Trucking Association of California) recently and is awaiting their formal comments or recommendations.
- Action: Included in the bulk approval of the administrative agenda.
Bulk Approval of Administrative Agenda
- Motion: To approve the administrative agenda as modified (with Item A9 removed/continued).
- Second: Implied by the vote.
- Vote: Passed.
Public Comment
- Dr. Robert Jones: Expressed support for Presidio Cruz’s candidacy for City Council. Reiterated his earlier comments regarding the need for jobs and the "regeneration" of the African American community in Santa Barbara, citing a "concerted conspiratorial effort" to remove African Americans from the community. He emphasized the economic interdependence of the community.
- Patty Close (Coalition for Sensible Planning): Opposed the Eastern Goleta Valley planning process, stating that the current draft plan does not reflect the community’s vision established in previous committees. She cited inadequate public notice, lack of public workshops, and concerns about high-density housing and loss of agricultural land. She requested that the process be stopped to allow for further community input.
- Shelly Cobb: Representing herself and Autumn Brooks, she expressed concern over local food security and the protection of Goleta farmland. She noted that the draft plan has changed significantly since the previous community plan process, describing the process as a "moving target." She requested that the process be slowed down to allow for proper review of changes, particularly regarding zoning districts versus conventional zoning.
- Cruzito Herrera-Cruz: A candidate for City Council in Santa Barbara, he urged the public to vote in the upcoming election. He opposed gang injunctions, citing civil rights concerns, and highlighted the lack of diversity on the City Council relative to the population demographics. He provided locations for voting.
- George Alvarez: Discussed retirement reform, suggesting that county employees’ retirement benefits are a burden on the community. He advocated for public safety investments, such as cameras for police cars, and emphasized the need for job creation and youth programs to provide hope and opportunity for young people. He stated that the county should not be responsible for currency issues but should support schools in providing hope and future prospects for students.
- Kali Zulu: Listed as the final speaker, but no transcript of their comments is provided in this section.
- Unidentified Member: Addressed the Board regarding personal legal disputes and allegations involving county residents and law enforcement. The Chair concluded the public comment period.
Agenda Item 1: Hearing to Receive and File a Presentation on the Tax Collector’s Secured Tax Billing and Collection Practices
- Presentation: The Treasurer-Tax Collector presented an overview of secured property tax billing and collection practices. Key points included:
- Secured taxes apply to land, homes, and structures, whereas unsecured taxes apply to personal property like boats and business assets.
- Approximately 120,000 parcels were billed, with a secured tax roll of approximately $665 million.
- The first installment is due November 1, becoming delinquent after December 10 (with a 10% penalty). The second installment is due February 1, becoming delinquent after April 10 (with a 10% penalty and $30 cost).
- Parcels unpaid after June 30 roll to the redemption roll. There are currently about 4,500 parcels on the redemption roll totaling approximately $23 million, a decrease from previous years.
- Taxpayers on the redemption roll have a five-year window to pay via a payment plan with 18% annual interest.
- After the five-year redemption period, the county records an "impending power to sell," allowing four years to work with taxpayers before a public auction. There are currently 35 parcels in this status.
- Collection rates are approximately 97.5% to 98.4%, ranking the county 6th or 7th in the state.
- Discussion:
- Supervisors inquired about non-profits in the "power to sell" status. Staff identified two non-profits (Casa de la Raza and E-MAS Corporation) that have been delinquent for approximately seven to seven and a half years. Staff noted they are working with these entities to secure exemptions and resolve delinquencies.
- Supervisors asked about the process for notifying lienholders and banks. Staff confirmed that all parties of interest are notified, and lenders typically pay the taxes to preserve their financial interest rather than wait for an auction.
- Supervisors discussed the disposition of excess proceeds from auctions. Staff explained that excess proceeds are held for one year to allow for claims from perfected liens before being distributed to the former owner.
- Supervisors questioned why banks and mortgage institutions, which have the financial capacity to pay, are allowing properties to reach the auction stage. Staff suggested this may be due to recent foreclosures, remarketing processes, or the involvement of foreign banks with different management structures.
- The Chair noted that the presentation included examples of other revenue sources (such as general business license fees) in the context of the oil extraction tax discussion, which caused some confusion as the agenda item was specifically about tax collection practices. Staff clarified that the oil extraction tax was the primary focus of the upcoming item, and the other examples were contextual.
- Motion and Vote:
- A motion was made to thank the Treasurer-Tax Collector for the presentation.
- The motion was seconded.
- The motion passed.
Agenda Item A1: Resolution Recognizing November 2011 as National Adoption and Permanency Month
- Discussion: Supervisor Wolf introduced the resolution, noting that 84 adoptions were finalized in the county in 2010 and approximately 90 are anticipated for 2011. An adoption event is scheduled for November 30 at the Santa Maria Juvenile Court.
- Motion and Vote:
- The resolution was read into the record.
- The resolution passed and was adopted.
Agenda Item A2: Resolution of Commendation for Bill Knowlton, Park Ranger
- Discussion: Supervisor Lavagnino introduced the resolution to commend Bill Knowlton for his 36 years of service to the Parks Department, during which he served as a grounds maintenance ranger, irrigation specialist, and park ranger.
- Motion and Vote:
- The resolution was read into the record.
- The resolution passed and was adopted.
Agenda Item A3: Resolution Recognizing the New Hope Missionary Baptist Church 50th Anniversary
- Discussion: Supervisor Lavagnino introduced the resolution to recognize the 50th anniversary of the New Hope Missionary Baptist Church, which was organized in 1961 and has been located in Santa Maria since moving to its current property. The church engages in various community ministries, including feeding the homeless and youth programs.
- Motion and Vote:
- The resolution was read into the record.
- The resolution passed and was adopted.
Volunteer Recognition
- Discussion: The Board recognized Julie Perea, a volunteer in the Probation Department. She volunteers three to four days a week while attending Santa Barbara City College. The Probation Chief noted that volunteer services are open to students and retired citizens and encouraged the public to contact the Personnel and Training Unit or visit the website for opportunities.
Agenda Item 2: Recommendations Regarding the Crude Oil Production Tax
- Presentation: Staff from the County Executive Office presented a recommendation to consider a crude oil extraction tax measure for the November 2012 ballot.
- Context: The county has reduced costs significantly over the last three years, closing a $72 million deficit last year and unfunding over 600 positions since 2007-2008. Staff stated that increased revenue is needed to sustain services.
- Tax Options: Staff outlined two types of tax measures: a general tax (requiring 50% + 1 vote) and a special tax (requiring two-thirds + 1 vote). They also discussed revenue strategies, including new sources (e.g., oil extraction tax, general business license fee) and expanding existing sources (e.g., increasing Transient Occupancy Tax, parcel taxes, administrative fees).
- Oil Extraction Tax Details:
- Similar taxes have been approved in other California cities (Signal Hill, Long Beach, Beverly Hills) and many oil-producing states.
- Staff estimated potential revenue of $1.8 million to $3.3 million based on current oil prices ($80-$90/barrel) and production volumes.
- Possible tax structures include a per-barrel charge, a percentage of market value, a per-well charge, or a hybrid.
- Currently, oil production is not directly taxed; it is taxed as part of the property value (mineral rights parcels). The total tax roll is approximately $662 million, with oil-related taxes accounting for roughly $12 million (1.8% of the total). Half of this amount comes from processing facilities rather than production facilities.
- Discussion:
- Supervisor Lavagnino asked for clarification on the "general business license fee" mentioned in the presentation, noting it was not a current recommendation but an example of a potential revenue source. He suggested including beach parking fees and encouraging new business development to increase the tax base rather than just raising rates on existing businesses.
- The Chair expressed concern that the presentation included other revenue sources (like the business license fee) when the specific agenda item was the oil extraction tax, noting this was off-putting. Staff clarified that the oil extraction tax was the primary focus and the other items were contextual examples from previous budget discussions.
- Supervisor Wolf suggested that if the Board considers increasing the Transient Occupancy Tax, it should also consider requests from the lodging industry to increase their bed tax for promotional purposes.
- Supervisor Lavagnino questioned the logic of taxing oil extraction if the property assessment decreases as reserves are depleted. Staff explained that the assessor determines the value of mineral rights parcels based on prior year production and future reserves, which is distinct from the land value.
- The Chair asked for clarification on whether the $12 million in oil-related taxes includes both production and processing. Staff confirmed it includes both, with processing facilities accounting for roughly half of that amount.
- Status: The item was presented for discussion. No motion was made or vote taken in this portion of the transcript.
Agenda Item: Crude Oil Extraction Tax / Severance Tax Initiative
- Staff Presentation and Constraints:
- Ballot Context: The November 2012 ballot may be crowded with other local and state tax measures, including potential municipal tax increases in Santa Maria and Carpinteria, school district parcel taxes, and a potential statewide ballot proposition for K-14 education funding.
- Stakeholder Engagement: Staff reported that they had recently met with industry representatives, taxpayer groups, and environmental organizations to brief them on the proposal and invite them to a steering committee.
- Administration Costs: Staff noted that the state of California already handles oil production metering, which may reduce administrative costs for the county, though further estimation is required.
- Revenue Allocation: Staff highlighted the need to determine how new revenues would be allocated among county departments.
- Timeline: Staff proposed a timeline to qualify the measure for the November 2012 ballot, with a final Board decision deadline of July 5, 2012. Staff recommended that the Board authorize staff to begin the process, determine that the action does not constitute a project under CEQA, and direct staff to return in January or February 2012 with survey findings and further direction.
- Public Comment:
- 1. Blair Knox (California Independent Petroleum Association): Opposed the tax, arguing it would devalue oil reserves and negatively impact production. Cited the defeat of similar measures in Los Angeles and Beverly Hills and a poll showing 45% support. 2. Joe Armendariz (Santa Barbara County Taxpayers Association): Presented a county-wide survey showing 45% support for a general fund tax, which he stated is insufficient for passage. Noted that only a tax dedicated to schools showed sufficient support, but the county would not benefit directly. Strongly discouraged the county from spending taxpayer money on further surveys. 3. Andy Caldwell (COLAB): Questioned why this specific revenue option was selected over others (e.g., hotel taxes, streamlined permitting) and requested a comprehensive budget plan and analysis of potential negative economic impacts, such as wells going out of business. 4. Marlon Brown (Resident): Argued that most county wells are "stripper wells" with low margins, and a tax would cause them to shut in, leading to job losses and increased county welfare costs. Estimated that for every dollar in new revenue, the county might spend two to five dollars in offsetting costs. 5. Toad Plow (Industry Representative): Suggested that taxing onshore production would eliminate marginal producers. Proposed alternative revenue sources, such as reviving a revenue-sharing agreement with the state for offshore production, which he stated could generate significantly higher revenue. 6. Patty Close (Resident): Expressed opposition to the tax, attributing the push for the tax to political and environmental factors that she characterized as discriminatory against the oil industry and jobs. 7. Linda Kropp (Environmental Defense Center): Supported the county’s need for revenue but expressed concern that a severance tax might incentivize increased oil development. Suggested limiting any revenue stream to existing approved projects or wellheads to encourage timely abandonment and cleanup of non-producing wells.
- Board Discussion:
- Supervisor Wolf: Asked for clarification on how the tax might impact the $12 million in property tax revenue currently received by the county. Staff responded that the impact on mineral values and property tax assessments is complex and not fully determined. Supervisor Wolf expressed support for moving forward with exploration, noting that the tax would be paid by the industry rather than taxpayers.
- Supervisor Farr: Clarified that while this measure requires a ballot, other revenue options like administrative fee updates do not. Expressed openness to staff doing more work but noted the lack of a budget item for consultants. Preferred that any future ballot measure meet a simple majority threshold rather than a two-thirds threshold for specific use.
- Supervisor Carbajal: Stated opposition to spending county funds on consultants or polls. Agreed with the need for a broader "menu" of revenue options to be presented to the public. Expressed support for moving forward with the oil tax exploration, provided it is part of a comprehensive plan and that staff do not incur costs for polling or consultants.
- Supervisor Lavagnino: Expressed concern over the unknown costs of getting the measure on the ballot and the likelihood of opposition from both industry and environmental groups. Cited the low starting support level (45%) and the difficulty of building support for an initiative. Opposed the motion due to concerns over unquantified costs and the political gamble involved.
- Supervisor Gray (Chair): Stated opposition to the measure, citing the low poll numbers and the lack of specific use for the funds. Noted that staff time is a cost, but the likelihood of passage was low.
- Motion and Vote:
- Motion: Supervisor Carbajal moved to direct staff to continue work on the crude oil extraction tax initiative, with the specific guidance that staff return at the earliest possible time with answers regarding low-end and high-end revenue estimates, volume vs. value tax structures, and substantial costs associated with the initiative process. The motion explicitly excluded the use of county funds for hiring consultants or conducting polls.
- Second: Implied by the Chair proceeding to vote.
- Vote Outcome: The motion failed.
Agenda Item: Motion Regarding Tax Measure and Campaign Strategy
- Discussion: A member seconded the motion, noting that the CEQA statement was included. The discussion addressed the potential negative impact of taxes on industry versus the need to protect taxpayers and fund services. The seconding member expressed confidence in the ability to make the case to environmental groups and the community. Another member raised concerns regarding the board’s role in ballot measure campaigns, citing previous parameters set by the council for Measure S, and suggested that the public needs to understand the board’s limitations in this area.
- Staff Response: Staff indicated that a review of the state of the law regarding the expenditure of public funds to support elections would be conducted simultaneously with the item’s return for further discussion.
- Motion and Vote: A motion was put to a vote.
- Outcome: The motion failed.
Adjournment and Logistics
- Adjournment: The chair proposed adjourning the meeting in honor of Veterans Day, which falls on the upcoming Friday.
- Notice: The chair announced that the board would be attending the North County economic update at the Radisson. Several members confirmed their attendance.
- Closing: The meeting was adjourned.