BodyBoard of Supervisors
MeetingRegular Meeting
Date📅 March 14, 2023

UnGovr Transcript

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0:03 – 0:099 turns

CommentMadam ClerkProposed · by introduction3:42

Good morning. I will call

UnidentifiedClerk of the BoardProposed · by role3:45

the March 14th, 2023 meeting of the Santa Barbara County Board of Supervisors to order. Madam Clerk please call the roll.

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Roll call, called by Clerk of the Board
Show transcript
Supervisor Hartman? Here. Supervisor Caps? Here. Supervisor Nelson? Here. Supervisor Labanino? Here and Chair Williams? Here,
Pledge of Allegianceceremonial · click to expand · ≈23s recited, not transcribed
ElectedBob NelsonSupervisorProposedvoiceprint 0.924:21

I just want to say for a note we're meeting in two locations. It's going to be very interesting today because most of the resolutions are up north so I will be handing it over to our Vice Chair Steve Lavagnino for the A items so that he can actually present to human beings instead of me presenting to Ether but at this time please join me for the Pledge of Allegiance

ElectedBob NelsonSupervisorProposedvoiceprint 0.925:11

The next item of business is the approval of minutes from the March 7th, 2023 meeting. Is there a motion?

ElectedJoan HartmannSupervisorProposedvoiceprint 0.785:18

Hartman moves approval.

UnidentifiedUnidentified speaker 1Proposed5:20

Nelson seconds.

ElectedBob NelsonSupervisorProposedvoiceprint 0.925:22

Then let...is there discussion? Then we will do a roll call vote.

Roll-call vote Passed 5–0 motion? Hartman moves approval. Nelson seconds. Then let...is there discussion? Then we will do a roll call
Show transcript
Supervisor Hartman? Aye. Supervisor Kaps? Aye. Supervisor Nelson? Aye Supervisor Labanino? Aye And Chair Williams? Aye

This next is the CEO's report, which we do have in a report for this week.

UnidentifiedUnidentified speaker 2Proposed5:47

Thank you, Chair Williams, Vice-Chair Lavagnino and board members two quick updates one quick and when more informational for the board about the storms The first one is just a quick update about our housing element Just that the public comment period did close in early March the department received 450 comment letters And they are currently being reviewed The public comment process has been very beneficial to the department and so far has yielded additional sites including seven new county-owned sites. That can be considered for rezones and future housing, and UCSB faculty staff housing. The draft housing element will be submitted to the state at the end of March. And as you know they take 90 days to review the document. More information is on the P&D website on the housing element update page.

And then public can go to it by getting on our webpage going to planning and development and there's a link to the housing element. The maps are not yet updated but will be in the next week or so And the draft once submitted to HCD, the state will also be posted on the website. So that's just a quick update on the housing element today I also want to invite our OEM director Kelly Hubbard who is going to talk a little bit about the storm as you know storm system is forecasted to bring several inches of rain to Santa Barbara County and evacuation order went into place at 8am this morning For identified parcels in Santa Barbara County's south coast, burn scars of Alice Hall Cave and Thomas due to threats of life and safety. There is an interactive map that we have on the OEM ReadySBC website.

Ms. Hubbard is in the room as well as Chief Hartwig.

UnidentifiedUnidentified speaker 3Proposed7:22

Good morning Chair and Supervisors. A couple other quick items just for awareness, in addition to the concerns regarding the burn scar areas I do want to highlight that in the January storms and other storms we've had quite a few areas where we've had mudslides debris on roads areas where there's been significant flooding And so we want all residents to remain vigilant. This is a countywide storm. We do have some specific concerns with the Siskelock, Gary, Tepeskaya and Foxson Canyon areas because of continued releases from some of our reservoirs and expected increases in river flows along The Sisquauk-Santa Maria River and then also along the Santa Ynez River. And so we just want our residents to remain very cognizant that the bulk of the rain is today, Tuesday but tomorrow is really when a lot of those stormwaters start entering our creeks and in our tributaries.

And so tomorrow's when we'll start seeing additional flows in those rivers and creeks and so just continued vigilance through tomorrow Even if those, that bulk of that rain might be gone. For support we do have the Wake Center open as an emergency shelter for those who might need sheltering. We do not yet have a evacuation center open in North County since there's no direct evacuation orders in North County however if residents need sheltering in North County please do call the call center So that we can work with Red Cross and identify ways to support those community or those residents.

The Santa Barbara County Call Center is open, that number is 833. 688-5551. You can also find information at ReadySVC.org and Animal Services, we do not have animal evacuation centers quite open yet since we haven't had an identified need but again if anyone needs animal evacuation services or support they can call Animal Services at 805-681-4332 And then for Supervisors more order of business, the proclamation that we have that is ongoing for the January storms. That one will be updated for our next board meeting next week to include the ongoing storm conditions and so we'll be bringing forth a new proclamation to include that additional information in the new storms. I don't know if the chief wanted to add additional information about pre-positioning of resources?

0:09 – 0:1717 turns

UnidentifiedUnidentified speaker 4Proposed9:59

Thank you, Kelly. Mr. Chair, Supervisor Kapsub and our Santa Maria members, we are prepositioned with quite a bit of equipment so we received prepositioning approval for about 100 additional staff to include hand crews, heavy We have hoist capability for 24 hours and multiple swift water patrols and vehicles. And in addition to that, we have some high clearance rescue vehicles at Earl Warren on standby. So we're ready. We hope that you are prudent in the activities that you undertake today In the storm and know that the majority of the rescues that we have in the waterways. are a result of people who don't believe that they'll be swept away.

It's not people that intentionally go swimming in the waterways, it's people that are too close or that they misjudge the power of the water that they're close to. So that's all I have. A huge shout out to the Type 3 Incident Management Team. I think it was stated this morning at the briefing today we are one department, 3000 square miles and we're prepared to assist the public Where wherever and whenever we're needed. Thank you questions

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ElectedBob NelsonSupervisorProposedvoiceprint 0.9211:29

from the board up in Santa Maria first

ElectedSteve LavagninoSupervisorProposedvoiceprint 0.8111:32

I have a question chair. I'm just curious with if we've got anybody on staff that could address, you know what the increased flows coming out of twitch LA and Kachuma If we've taken a look at whether Pioneer Street in Guadalupe needs to be evacuated again. And if so, or if not where do those folks what's the best place for them to get updates on those flows?

UnidentifiedUnidentified speaker 3Proposed12:01

Chair I believe there's flood control in Santa Maria. I think I saw it. I don't know if they're prepared to answer some of those questions.

ElectedSteve LavagninoSupervisorProposedvoiceprint 0.8112:07

Walter is here.

ElectedBob NelsonSupervisorProposedvoiceprint 0.9212:09

And Walter, maybe you could just also highlight the different places that people can look at rain gauges and real-time photography of our debris basins so that when we're asking people to monitor they have real information.

UnidentifiedUnidentified speaker 5Proposed12:26

Sure good morning Chair Williams members of the board I'll speak to Guadalupe first. We have been meeting with Guadalupe Fire and Guadaluable Police County fire as well We had a meeting with them either yesterday, I think two days ago in the morning. We've sat at State Route 1 with our maintenance crews to show them exactly where the breakout would be. It used to be in the area of 20,000 CFS where it would impact those neighborhoods and now I think it's significantly lower maybe 5,000-6,000 so we've informed emergency services and they're being alert of that and so is our staff.

To look at that. Some of the other problem areas is there a home on down West Main Street, the Moretti property we're also keeping our eyes on that or at least emergency services keeping their eyes are looking at that as well. On the South County just to be quick on that we're keeping our eyes on the creeks especially in the Montecito area Mission Creek because those were problematic on January 9th so These flows are gonna likely take these creeks right to their peak, so we just gotta monitor and be vigilant on that.

As far as cameras and rain gauges on our county website, the Water Resources Division website, there's a hydrology section. I will try to figure out a way, we'll post it on social media as to where the links are to make it a little bit easier for anybody else.

ElectedSteve LavagninoSupervisorProposedvoiceprint 0.8113:58

Just one last question from me is just for education of the public. Can you just explain who controls the flows coming out of both Kachuma and Twitchell?

UnidentifiedUnidentified speaker 5Proposed14:09

The flows coming out of Kachuma are controlled by the Bureau, the Federal Bureau of Reclamation. We don't control that I think that's the important part and then for Santa Maria it's controlled by both Army Corps and it's controlled by the Santa Maria Water Conservation District as well. Both of those groups take input from us look at our modeling but we don't make the county of Santa Barbara does not make a decision on that

UnidentifiedUnidentified speaker 1Proposed14:41

Chair questions for additional question for Mr. Rubalcaba. So the releases that we started having in this at the Twitchell dam just last week, could you talk a little bit more about the reasons for those? Cause there was some concerns about the community wanting to make sure as much of that water stayed in the dam as possible for water recharge but I think in our conversations there is some risk of spillover and on the impacts of that effect if we don't make those releases in advance.

UnidentifiedUnidentified speaker 5Proposed15:08

Supervisor Nelson through the chair which it's a balancing act, right? So there's quite a bit of inflow that is forecasted to enter the Twitchell Reservoir. So we need to do some releases because we don't want to get to the spillway elevation where it becomes non-controlled. So any flow coming in to the reservoir would spill over and go downstream. So what they're trying to do now is release enough flow to control it and keep the elevations lower so if a peak flow does come, we don' have uncontrolled releases.

Prior to the peak of the Sisquawk River, they're going to try to get those flows a little bit higher 2500 CFS. And as the flows begin to peek through the Sisquawk River which is a different branch of it, they will reduce those flows to about 700 CFS. So it's not impacting the cumulative Ciskwok and Quiama rivers together.

UnidentifiedUnidentified speaker 1Proposed16:05

If you could help me with the magnitude if the spillover came across Twitchell, I don't know how many CFS are we talking about there?

UnidentifiedUnidentified speaker 5Proposed16:13

I'll talk about the highest amount, just worst case. The highest model I saw yesterday was 30,000 CFS. Right now they're releasing 2,500 and tomorrow during the peak they're hoping to just release 700 so if it was 30,00 versus 700 that would actually be greater than the CISCWOC tomorrow right now it's significantly less

UnidentifiedUnidentified speaker 1Proposed16:35

I think it's important to get that number out there. I mean, we're talking six times the amount that you're talking about a flowing and that is only one branch of the Santa Maria River. So the potential impact to the Santa Maria Valley and that river would have been could be catastrophic if we have a spillover at Twitchell.

UnidentifiedUnidentified speaker 5Proposed16:52

Yes, if it's not managed correctly, it could be a big impact. And that's why we've been working on this since early this week or even last week to release some flows.

UnidentifiedUnidentified speaker 1Proposed17:00

Well thank you again for all your diligence.

UnidentifiedUnidentified speaker 5Proposed17:02

Yep thanks.

0:17 – 0:217 turns

ElectedSteve LavagninoSupervisorProposedvoiceprint 0.8117:06

And this is not Walter's fault. Walter took over the job after a seven year drought and now it's nothing but rain.

UnidentifiedUnidentified speaker 6Proposed17:17

Good morning Supervisor Lavinino, members of the board. I just wanted to give you an update on some evacuation warnings that have been conducted. First of all in the South County we worked last night and completed door-to-door notifications in all Evacuation warning and evacuation areas as effective as of eight o'clock this morning. We completed door to door notifications in the areas of the three burn scars, the Thomas fire, the painted cave area and also in the, I'm drawing my blank here, Alice Hall excuse me thank you.

And we also flew the rivers last night and did audible warnings for homeless that were in areas along adjacent to the river or under bridges. We have pre-positioned, the National Guard has pre-positioned high water vehicles in our county and we've taken R3 high water vehicles and pre-positioned them as well just in the event that they're needed with respect to Pioneer that you asked about Most of that is within the jurisdiction of Guadalupe and Guadalupe Police Department has done evacuation warnings with residents that are in that area. There is one resident that's in a county area, and we went out and met with people who live in that residence as well and warned them about the potential. We're on track for the heaviest rain being expected at about 11 o'clock today.

It looks as though, you know we have in addition to the high water vehicles that fire has pre-positioned swift water rescue capabilities and all. And so just to echo what Kelly said to everyone this is a countywide expect to have a county wide impact but the predictions that forecast at this point seem to be a little less than what the concern was last night in terms of what has actually been forecast but still going to get a lot of rain about midday

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ElectedBob NelsonSupervisorProposedvoiceprint 0.9219:35

Thank you, Sheriff. Supervisor Capps?

ElectedLaura CappsSupervisorProposedvoiceprint 0.8919:38

Thank you to our entire emergency response team not just those who are here but everyone who are out in the field now working. I remember from our storms in January that there was 400 calls to emergency services 100 rescues roughly and the majority of those were people stuck in their vehicles so I was hoping one of you might be able to speak What we should do as drivers if we have to drive today what time would be ideal help people plan kind of out their day obvious and give some warning so that we avoid That those kind of rescues

UnidentifiedUnidentified speaker 4Proposed20:12

Thank you Supervisor Kaps. To the Chair, that's great advice stay out if you can at the heaviest rain is a sheriff said it will be 11 to 4 or 5-ish so if he can stay out great we all know our low lying areas especially those areas in our communities are our neighborhoods that flood stay away from those and then of course if you need help or you're stuck We say turn around, don't drown and that's a state motto.

If it looks like it's flooded even if it looks like you can drive through it turn around. If you do get stuck unfortunately dial 911 and we'll help you. We do have some high water vehicles as the sheriff said pre-positioned in some of those low lying areas here in the south and up in the north to make sure that we can get you out if we need to.

ElectedLaura CappsSupervisorProposedvoiceprint 0.8921:03

Thank you Chief Hartwig. I just want to repeat that, that people should avoid driving especially between 11 and 4 and turn around don't drown is a good motto for today thank you.

ElectedBob NelsonSupervisorProposedvoiceprint 0.9221:14

Thank you any other questions from the board members? Seeing none I will move on to clerk announcements Madam Clerk are there any announcements or changes to the agenda today?

0:21 – 0:237 turns

UnidentifiedClerk of the BoardProposed · by role21:26

Chair Williams and members of the board, I do have a few quick announcements this morning. We posted an addendum on Friday March 10th amending today's administrative agenda. The administrative agenda was amended to reflect the removal or recommended action letter D and re-lettering of the subsequent recommended actions for Administrative Item 10 from the General Services Department regarding the County Emergency Operation and Regional Fire Communications Center project.

In addition, the addendum also reflected the request received from the Sheriff's Office to withdraw Administrative Item 16 regarding authorizing the County Executive Office to execute the DOJ equitable sharing agreement and certification on behalf of the Board on an ongoing basis. These changes can be added to the balance of the administrative agenda. Administrative item 28, a retirement resolution for Carol Mosley has been requested to be changed from a resolution to be presented to an honorary resolution.

Administrative item 1 is also requesting a continuance to the 4-4 agenda. This also can be added to the balance of the administrative agenda. For the Board of Supervisors methods of public participation and to provide public comment on general public comment or in an item on the board's agenda, please see page 2 of the agenda. Individuals that would like to provide verbal public comment virtually may do so via Zoom by registering in advance via the link available on page two. If you have any questions please contact the clerk at the board's office at 805-568-2240. That concludes my announcements for today

ElectedBob NelsonSupervisorProposedvoiceprint 0.9222:55

So Supervisor Lavagnino, I will turn over the A agenda items to you.

ElectedSteve LavagninoSupervisorProposedvoiceprint 0.8123:02

All right, thank you Chair Williams. Let's see would any board members like to pull any items from the administrative agenda?

UnidentifiedUnidentified speaker 1Proposed23:10

Yes thank you Vice-Chair Lavagnino. I have a quick comment on A1. I don't need just a comment on that continuation and then also A5.

CommentAnd Madam ClerkProposedself-stated23:19

Okay anybody else Santa Barbara? And Madam Clerk, do any members of the public request to pull any items on the administrative agenda?

UnidentifiedClerk of the BoardProposed · by role23:28

Chair Lavinino, Members of the Board. We do have two requests. A request was made for Administrative Item 12 and also for Administrative Item 19.

ElectedSteve LavagninoSupervisorProposedvoiceprint 0.8123:38

Okay so I have 1, 5, 12 and 19. Why don't we take those in order and even though it's just a comment on one, let's read one in and we'll just go in order. Please read Administrative item number one please.

0:23 – 0:2918 turns

UnidentifiedClerk of the BoardProposed · by role23:54

Chair Labanino, members of the board. Administrative item one is from the Behavioral Wellness Department. It is to consider recommendations regarding an agreement with Idea Engineering Inc for fiscal years 2022 through 2024.

UnidentifiedUnidentified speaker 1Proposed24:07

Thank you. I had some discussions with Dr. Navarro yesterday and I'm pleased that we're going to continue this until April 4th. This item is a suicide prevention program that we're going to be working with a consultant Thank you, Mr. Chair and members of the board. Dealing with those that are most in need in our community. So I want to make sure that's done the most fiscally responsible way possible, so I asked for it to move so I can get some additional information on that. So work with Dr. Navarro and we'll hopefully be able to prove this on the 4th. Okay

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ElectedSteve LavagninoSupervisorProposedvoiceprint 0.8124:59

you don't need a separate vote on them?

UnidentifiedUnidentified speaker 1Proposed25:01

I think we just could that's called a motion

ElectedSteve LavagninoSupervisorProposedvoiceprint 0.8125:02

right okay so item 5 Madam Clerk

UnidentifiedClerk of the BoardProposed · by role25:06

Chair Lavinino, members of the Board, Administrative Item 5 is from the Community Services Department. It is to consider recommendations regarding a second amendment to the agreement with Rincon Consultants Inc for Climate Action Planning Services.

UnidentifiedUnidentified speaker 1Proposed25:20

Supervisor Nelson? Yes thank you Chair Lavinino. I'm finally moving forward with this, but I think that it's probably incomplete. I think there might be some additional funds provided for this contract. Part of our climate action plan will include quite a few different programs that will be necessary for the county to complete over the next few years to make sure we meet those goals. My conversations with the community services department is that They don't have good cost estimates yet or vetted cost estimates and that they would need additional funds in the contract to work with Rincon and planning and others. I don't think that we can make an educated decision on these programs, and adopting those that we actually don't know what the costs are, and they're not yet in our five year Uh, forecast and so I'm really concerned about that and want to make sure that we fully are able to understand what the impacts of some of these programs would be to our budget in our county as a whole.

As we move forward with approving our climate action plan this spring. So maybe it's just a comment for Mr Chapman. Maybe you can comment on that on whether you need to come back to the board with some additional revisions. To the contract to make sure that we have those numbers in place.

UnidentifiedUnidentified speaker 7Proposed26:30

So, thank you Supervisor Nelson. We do break down the measures in the 3 segments essentially at high medium and low and consult we'll take a look at the 4 major items which are natural gas appliances building performance. Employer trip reductions and phase out of light duty so when we bring the climate action plan that's when we can ask for more money for further detailed analysis I think this is kind of a broader than 10,000 foot level document at this point.

That they're looking at, so I have both actually Watkins and Garrett. Wong there if you want to have any more questions, but I think. You know, there is a medium high and low right now it's too early to get cost estimates for the programs.

UnidentifiedUnidentified speaker 1Proposed27:14

Yeah, that I guess I'm just gonna pre warning. That's me a problem you know we're going to be asked to approve a document. They have programs in place that are going to require the county to do certain things and. You know, I would usually like another price tag before I commit the county to moving forward so. Um, I will be able to support a kind of action plan as I have costs associated with that some of these programs can be very robust. And for us not to understand that and not to see them in five-year forecasts, it's not fiscally responsible. It wouldn't be something I could support so I understand that this is a high level document but we will be committing our board in our county to certain things that I think we need to understand. So I guess I'm just putting out there if we're not able to do that work in advance of the presentation, that's gonna be a problem.

UnidentifiedUnidentified speaker 7Proposed27:57

Yeah, I don't think we're committing right now. Again it's a high level document the measures actions in the cap are very high level so details are going to be worked out as much like the housing element and some of the other elements that planning department brings forward. So this is just kind of extending the contract for RINCON to do further assessment finish up the product.

UnidentifiedUnidentified speaker 1Proposed28:18

So, we won't be committed to these programs when we adopt their climate action plan? Well, when you adopted

UnidentifiedUnidentified speaker 7Proposed28:23

yes.

UnidentifiedUnidentified speaker 1Proposed28:24

Okay, I'd like to know the price.

UnidentifiedUnidentified speaker 7Proposed28:26

Right? This is just extending the contract right now.

UnidentifiedUnidentified speaker 1Proposed28:29

No, I understand it. And I think we need to extend the contract further my conversations with your department. You've said you guys would need additional funds to do that in advance and so that's why I'm highlighting it today because you're saying you need those additional funds So they can have that information. So I'm asking you, I'm glad to prove this today but actually I think it should be more so that we can make sure that you have the funds necessary to do the fiscal analysis that's necessary for us to make good decisions

UnidentifiedUnidentified speaker 7Proposed28:51

Yeah, for the real detailed analysis we would need additional funds. Yes

UnidentifiedUnidentified speaker 1Proposed28:55

yes thank you.

UnidentifiedUnidentified speaker 8Proposed28:57

Thank you. Supervisor Nielsen through the chair, I just wanted to note that we would like to approve today's contract because it is coming up on expiration and then also just mentioning, you know, supervisor, excuse me, Mr. Chapman mentioned that it is a high-level policy document so We're going to have to come back to the board for many of these individual measures and at that time we'd have more detailed information to be able to provide a more accurate fiscal analysis.

And doing sort of a deeper level of fiscal analysis now, not only would we need additional funds to do that but we would also need

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0:29 – 0:337 turns

UnidentifiedUnidentified speaker 1Proposed29:54

Thank you, Ms. Watkins I do understand that and I'm actually absolutely fine with approving this contract. I'm actually telling you it needs to be for more money than what you're asking so I know it's a unique thing for me to be asking that but I do think that you know it's not good public policy to commit an institution to programs without knowing the cost and I understand that may not be the practice in some other counties. It would be my desire that we had that practice in our county and I understand there might be some delay involved but I believe And I'm letting you know right now that I don't think it's a good idea, at least for my vote to move forward to the board without having some of those numbers in place. I think that Ms. Anderson would love to have that as part of her budget moving forward because often a lot of governments institutions have these high level documents that commit future boards to programs that they're unfunded and then we don't meet our climate action plans so we waste all this time and effort.

I think we need to have the eyes wide open when we commit ourselves to these programs. I've got a community plan that has a lot of unfunded mandates, there's other things within the housing element. You know, I know we are in a rush to get that done but I do think that we should have some costs associated with that or else these things are just empty promises to the state and to our constituents and so it's a real concern of mine. That's why I want to bring it up because I want to sit that flag out there and hopefully you guys can come back with another budget revision On this contract with Rincon so we can start to dig into those costs earlier not later.

UnidentifiedUnidentified speaker 7Proposed31:20

Okay, I'll do that

ElectedSteve LavagninoSupervisorProposedvoiceprint 0.8131:20

all right. Cool, so it sounds like you're good moving forward today. So we don't need to pull that one for another vote. How about A-12? Madam Clerk?

ElectedBob NelsonSupervisorProposedvoiceprint 0.9231:29

Mr. Vice Chair, I just wanted to comment on that. You know, I think Supervisor Nelson brings up a good point but I do think that it is a common practice when we are facing a large effort as part of the institution that we don' always know the total price tag for all of these things. Just use the freeway project for one example, but what we do do as you point out is make sure that there are.

There is fiscal planning and so my suggestion on the long run of this put a little bit in every year for plan implementation into a fund to make sure that we can actually implement the elements of the Climate Action Plan. But I'm comfortable approving the contract today.

UnidentifiedUnidentified speaker 8Proposed32:27

But chair. Williams could ask 1 clarifying question when we do bring back some cost estimates on doing a deeper financial analysis, just looking for direction from the board on whether that should include costs to the county and to the community or just to the county.

UnidentifiedUnidentified speaker 2Proposed32:48

Chair Williams and Vice-Chair Lavanino and Ashley, I think the agendized item is approval of this contract. There's no money contract to extend the date. I think those conversations about what should be funded etc will take place when you bring the Climate Action Plan back to the board. I'm looking at County Council and she's saying yes so we need to limit this discussion to approval of this contract.

ElectedSteve LavagninoSupervisorProposedvoiceprint 0.8133:13

All right so I think that ends that conversation so let's go to A12.

0:33 – 0:358 turns

UnidentifiedClerk of the BoardProposed · by role33:18

Chair Williams and Vice-Chair Lavinino. Administrative item 12 is from the Planning Development Department, it is to consider recommendations regarding the 2022 Comprehensive Plan Annual Progress Report. And we have Kathleen Rosenthal via Zoom.

PresenterKathleen RosenthalSanta Ynez Valley Riders in our coalition Save Santa Barbara Equestrian TrailsProposedself-stated33:42

Good morning can you hear me?

ElectedSteve LavagninoSupervisorProposedvoiceprint 0.8133:44

Yes we can.

PresenterKathleen RosenthalSanta Ynez Valley Riders in our coalition Save Santa Barbara Equestrian TrailsProposedself-stated33:45

Okay, well good morning Chair Williams and Board of Supervisors. I'm Kathleen Rosenthal representing the Santa Ynez Valley Riders in our coalition Save Santa Barbara Equestrian Trails. As you may know we've been following uh the county-wide recreation management plan for a number of years now and in reviewing this report for the long range planning division I didn't notice anything on that would coordinate with Planning and development for the changes to our not only zoning ordinance, but the comprehensive plan with this particular document. And I wondered yesterday we heard a brief description of what the plan would be going forward, but I didn't hear how planning and development would be involved or if there would be any oversight for that plan development.

And I wondered if, not at this point, if at some point in the future your board and the public would be able to get an idea of what the coordination is going to be between the two departments. The Parks Division and the Planning Department. To ensure that these recommended changes to our zoning ordinance and comprehensive plan going forward are coordinated with PND. So anyway, those are my comments just something that I thought we should all be aware of and I thank you very much for your

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UnidentifiedClerk of the BoardProposed · by role35:07

time. We have no further requests to speak for this item

ElectedSteve LavagninoSupervisorProposedvoiceprint 0.8135:18

OK? Supervisor Hartman

ElectedJoan HartmannSupervisorProposedvoiceprint 0.7835:22

Just as a point of information, it's my understanding that the planning commission will be holding 2 hearings on the recreation master plan. So there'll be opportunity for the public to learn more and see how it integrates.

ElectedSteve LavagninoSupervisorProposedvoiceprint 0.8135:34

Excellent Thank you. That takes us to our final administrative item that's pulled.

0:35 – 0:3814 turns

UnidentifiedClerk of the BoardProposed · by role35:42

Vice Chair Labanino, members of the board. Administrative item 19 is from the Public Works Department Board of Directors Laguna County Sanitation District. It is a set hearing to consider recommendations regarding the Laguna County Sanitation District ordinance relative to services changes, connection changes and trunk sewer fees and a resolution relative to the collection of service charges on the tax roll. This project is located within the fourth and fifth districts.

ElectedSteve LavagninoSupervisorProposedvoiceprint 0.8136:12

Our speaker is in Santa Maria.

UnidentifiedClerk of the BoardProposed · by role36:14

And we have a Mr. Brian Adam in Santa Maria.

CommentMadam ClerkProposed · by introduction36:18

Good

UnidentifiedUnidentified speaker 9Proposed36:25

morning,

CommentMadam ClerkProposed · by introduction36:25

good morning.

UnidentifiedUnidentified speaker 9Proposed36:27

I see behind Mr. Williams there, the sign says the County of Santa Barbara delivers exceptional services so all that can enjoy a safe healthy and prosperous life. My family has been here since 1940 and I can say that was the way it was here for several years but since this chasm area resources went through, I've really had a different opinion on this And then Laguna Sanitation's now charging the unincorporated area, which I've asked several times. Last time I even asked you Mr. Williams, you promised to call me the next day and you never did so you don't have much credibility with me.

You really, I'm not a guy that's gonna sit on this stuff going on here. We're paying $150 a month for sanitation right now because The Gunna Sanitation went 60 years without any maintenance and it's a cesspool out there. And now it's like, oh we need $57 million so we're going to charge everybody three times the amount for their sanitation you know that's a lot of money 1800 dollars a year and it's billed out of your property taxes which for some reason property taxes are supposed to be paid for the following year but you guys are pre-charging us and then And then I don't understand that fact either, but I do have a.

A family member that works for the IRS, so I'll get to the bottom of that. So anyhow, I want to know what the count is on the homes and an incorporated area. Because we need to do the math here. Okay, so where I live is the biggest horseshoe in the valley off Lake Road. Oops excuse me between Los Padres and Angeles Avenue there's 330 houses which is generating $670,000 a year for the last three years which comes up to about 1.7 million dollars that they've already collected for this deal and that's just in a three block radius. So let's have the number of houses I'm tired of waiting on this because you guys owe the taxpayers the answer

ElectedSteve LavagninoSupervisorProposedvoiceprint 0.8138:29

Well, this is this item is just a set of hearing for May 9th is when we'll hear the entire thing and there'll be an entire presentation. And they'll be testimony in public comment at that time. Okay?

UnidentifiedUnidentified speaker 9Proposed38:39

At that time

ElectedSteve LavagninoSupervisorProposedvoiceprint 0.8138:39

okay so I'm going to

UnidentifiedUnidentified speaker 9Proposed38:40

go to me 9th and I'll see you guys in

ElectedSteve LavagninoSupervisorProposedvoiceprint 0.8138:42

all right looking forward

UnidentifiedUnidentified speaker 9Proposed38:43

to us being ready to rock and roll. Thank you very much.

ElectedSteve LavagninoSupervisorProposedvoiceprint 0.8138:47

All right appreciate it thanks for being here today. Okay, so I don't think any items require a separate vote. So I'll entertain a motion to approve the administrative agenda.

0:39 – 0:4311 turns

ElectedJoan HartmannSupervisorProposedvoiceprint 0.7839:00

So moved with the additions that the clerk announced.

ElectedSteve LavagninoSupervisorProposedvoiceprint 0.8139:04

Second motion by Supervisor Hartman and seconded by Supervisor Williams, roll call please.

Roll-call vote Passed 5–0 Moved by Joan Hartmann · Seconded by Williams motion by Supervisor Hartman and seconded by Supervisor Williams, roll call
Show transcript
Supervisor Hartman? Aye. Supervisor Capps? Aye Supervisor Nelson? Aye Supervisor Labonino? Aye And Chair Williams? Aye
UnidentifiedClerk of the BoardProposed · by role39:19

Motion passes unanimously

ElectedSteve LavagninoSupervisorProposedvoiceprint 0.8139:21

okay well I think that's why everybody was here today right to get through the administrative agenda you guys can all go now All right, so now we're at our fun part. Our resolutions. Madam Clerk can you read item 23 in please?

UnidentifiedClerk of the BoardProposed · by role39:34

Vice Chair Lavinino and members of the Board, Administrative Item 23 is sponsored by Supervisor Capps. It is to adopt a resolution proclaiming March 14th 2023 as Arbor Day in Santa Barbara County. Joining us here in Santa Barbara we have Bill Ortega. If you'll please join us at the podium I will read the resolution into the record. Whereas Santa Barbara County has a long and prosperous agricultural history of growing annual and perennial plants for products, as well as landscape benefits.

Whereas the residents of Santa Barbara County treasure the valuable landscape trees provide on both public and private lands and consider them to be essential living features that contribute to their quality-of-life experience. And whereas the natural beauty of our urban forest and county landscapes, as well as the enhanced beauty of planted and developed landscapes environments add to many, add to the many qualities that draw visitors and new residents to one of California's most beautiful counties.

And whereas four of the largest unincorporated cities in Santa Barbara County have for many years been proud and active participants in the City Tree USA program sponsored by Arbor Day Foundation Whereas March 7th through the 14th is Arbor Day week in California. And whereas as governing stewards responsible for planting and the care of all trees growing on county public lands, as well as promoting and encouraging conservation of valuable trees growing on private lands Now therefore, it is hereby ordered and resolved that this Board of Supervisors of the County of Santa Barbara together with the Public Works and the Community Services Departments proclaim Tuesday March 14th 2023 as Arbor Day throughout the county and encourage all citizens to recognize the multitude of benefits our community derives from the conscious acts of planning and properly maintaining landscape trees.

And request that all institutions of primary and secondary education throughout the county Seek ways to observe this important day and teach students the values of trees in their lives passed and adopted today.

CommentBill OrtegaProposedself-stated41:37

Good morning, Chair Williams, member of the board. My name is Bill Ortega. I am one of the supervisors in Public Works from Urban Forest Department. I'm here to receive the Arbor Day Proclamation Resolution. This will be our 20th annual Arbor Day that the County of Santa Barbara participated in 19th year certified as Tree City USA We are one of two counties in state certified, San Francisco being the other county. This will be our... we will be hosting it at El Camino School with Principal Lorena Chavez and with 2nd District Laura Capps on April 7th.

On behalf of Public Works, Urban Forests and our partners Parks Department we wish to thank you for supporting Arbor Day and our opportunity to introduce the youth the importance of trees in our daily lives. I would like to share that urban forest team maintains 9300 street trees within the five districts once again I would like to thank you for the support and our department public works appreciate it too thank you

ElectedSteve LavagninoSupervisorProposedvoiceprint 0.8142:49

Thank you very much.

ElectedLaura CappsSupervisorProposedvoiceprint 0.8942:50

Vice Chair Lavagnino?

ElectedSteve LavagninoSupervisorProposedvoiceprint 0.8142:52

Yes,

ElectedLaura CappsSupervisorProposedvoiceprint 0.8942:53

I'd just like to make a couple comments and I was honored to put forward this resolution on a day where our trees are getting quite a big cup of water and honor your service. I was able to talk to Mr. Ortega and learned that there's 30 people out there in our county maintaining our urban forest As a kid, I always loved trees. It's why my favorite color is green and I just want to thank you for the kind of the unseen work that you do to make sure that we all get to even in urban areas look around and see green and be grateful for our trees. So thank you for your work.

ElectedSteve LavagninoSupervisorProposedvoiceprint 0.8143:35

All right. Thank you very much. That takes us to our next item. One of our many retirements today is Item 24. Madam Clerk?

0:43 – 0:497 turns

UnidentifiedClerk of the BoardProposed · by role43:43

Vice Chair Lavinino, members of the board. Administrative item 24 sponsored by Supervisor Hartman is to adopt a resolution of commendation honoring Michael Allen upon his retirement from the Department of Behavioral Wellness after over 25 years of faithful and distinguished service to the citizens of Santa Barbara County. Joining us in person we have Tony here in Santa Barbara John Winkler and Michael Allen in Santa Maria if you will please join us at the podium I will now read the resolution into the record Whereas Michael Allen began his employment with the Department of Behavioral Wellness as an extra help mental health caseworker in May 1998 and began as a full-time employee in 1999.

And whereas, in April 2002, Michael began working with youth in the multiagency integrated system of care program before transitioning to the mobile crisis team in 2014. Whereas, Michael is a skilled caseworker who has a knack for quickly building rapport with individuals and de-escalating crisis situations. His calm demeanor and Southern charm suited him well as he rapidly became a well respected Mobile Crisis staff member followed by becoming a lead staff member who assisted with training new employees. His skills in working with both clients and staff earned his promotion in 2015 to the position of Team Supervisor of the Behavioral Wellness Mobile Crisis team in Lompoc.

And whereas three years later in 2018, Michael was asked to assume responsibility for the Santa Maria Mobile Crisis Team as well as the team in Lompoc. True to his fashion he rapidly accepted the challenge and in no time earned the trust and respect of his new team. In January of 2020 Michael was promoted in classification from caseworker to mental health rehabilitation specialist continuing his leadership in both Lompoc and Santa Maria mobile crisis teams And whereas, in addition to Michael's departmental service and leadership, he has also been instrumental in assisting the greater community through multiple tragedies including the Thomas Fire, 9-1 debris flow, Conception Boat Fire and communities impacted by the recent January storms. He served in local assistance centers, evacuation shelters, and the County Call Center.

He has also offered multiple responses to support compassion centers at schools following unplanned deaths of students and teachers. Whereas Michael is never far from his cell phone seven days a week, he is rapid in responding to inquiries from his staff, supervisors or individuals from other organizations that need quick assistance He is respected within the department and within border community organizations who have interactions with the crisis program, including local hospitals, law enforcement, homeless shelters, community-based organization providers and more.

Whereas Michael's dedication to the department and the border community with his quick wit and sense of humor, kindness and willingness to help out wherever and whomever needs assistance has been greatly appreciated throughout his many years of service within the Department of Behavioral Wellness Now therefore be it hereby ordered and resolved that this Board of Supervisors recognizes Michael Allen for his 25 years of service to the County of Santa Barbara, passed and adopted today.

UnidentifiedUnidentified speaker 10Proposed47:01

Good morning board members Williams and Capps here in Santa Barbara. I just want to recognize

UnidentifiedUnidentified speaker 11Proposed47:07

my staff if I could first of all John Winkler, my boss for doing this. I just wanted to fake quietly into the night But I do appreciate this recognition today, and I want to say that I thank my staff who both in the Lompoc and Santa Maria that have really made this possible. Crisis services is perhaps the most difficult component to mental health service delivery.

Trying to save the person who doesn't want to be saved at that moment, trying to help that person who's so ill but they may not even realize that you're there to help and see you as an adversary and they meet you with fear or even anger So, I really appreciate this moment and I want to recognize that. And I thank you both. Thank you all.

UnidentifiedUnidentified speaker 10Proposed47:48

Hey Michael Allen it's Tony Navarro here in South County and I just wanted to say thank you so much for your years of service to the department. I only had the privilege of working with you for the last 15 months but for anyone who has ever interacted with you or had the pleasure of meeting you knows that you are exactly the right person in this right chair for us in crisis services. Your positivity, your compassion and your kindness is infectious.

You have been a wonderful leader and model for staff not just in your division but across the department so I just want to thank you so much for your years of service and hope that you have a great time in retirement.

UnidentifiedUnidentified speaker 12Proposed48:30

Just want to say a couple extra words. I didn't realize this till last night, but Michael and I actually started with the department in the same year 19.

ElectedSteve LavagninoSupervisorProposedvoiceprint 0.8148:39

That doesn't sound good here. You're not making an announcement today are

UnidentifiedUnidentified speaker 12Proposed48:44

you? No OK. No, and I didn't get to know Michael very well back then but I left the department moved up north came back in 2016 as a team supervisor for crisis services in Santa Barbara. And Michael immediately took me under his wing and really helped me to become a great supervisor helped me to understand the program all the things he just mentioned about crisis services. Michael taught me a lot about all of that and I really appreciate all that he's done for me And for the department, and then through my I've transitioned through a couple other positions. And Michael has basically become my wingman in the last 5 years really helping me out anytime I got in a bind he got me out of it. Anytime I had a question, he was able to answer it.

He's always been there for his staff. He has always been there for me and as you heard in the resolution, he's always been there for our community. So thank you for everything you've done Michael. I really appreciate it and I'm going to miss working with you.

0:49 – 0:545 turns

CommentMadam ClerkProposed · by introduction49:47

Madam Clerk,

ElectedSteve LavagninoSupervisorProposedvoiceprint 0.8149:48

825 please.

UnidentifiedClerk of the BoardProposed · by role49:50

Vice Chair Lavinino and members of the Board, Administrative Item 25 is sponsored by Supervisor Hartman is to adopt a resolution of commendation honoring Michael A. Villalobos upon his retirement for the Public Works Department after over 26 years of faithful and distinguished service to the citizens of Santa Barbara County. We have Michael Villalobos up in Santa Maria if you'll please join us at the podium I will now read the resolution into the record Whereas Michael Andy Villalobos began his employment with the County of Santa Barbara on May 5th, 1997 as a maintenance worker in the Public Works Transportation Division. He joined the Flood Control District in 2004. As a flood control district team member, Andy has been a maintenance leader for over 19 years.

Whereas Andy, after just one year of employment faced the 1998 storm. One of the larger flooding events in Santa Barbara County's recent history. Although it resulted in weeks of extended days and weekend hours having this opportunity so early in his career proved valuable in establishing a clear vision for the public works true purpose of preventative maintenance efforts. This experience again proved valuable during the 2018 Thomas Fire debris flow event When Andy was temporarily assigned to the South County to help the community of Montecito respond and recover.

And whereas for the last 26 years, Andy has been one of our go-to team members for the North County infrastructure including Lompoc, Buelton and the San Ynez Valley. Serving as a North County expert, Andy has played a key role in establishing the Flood Control District's goal to be knowledgeable and proficient countywide. And whereas Andy Andy as an avid softball coach for the Lompoc Valley Girls Softball Association learned communication, training techniques and leadership skills that have served him well as the flood control maintenance leader.

Similar to his role on the softball field, Andy worked side by side with his co-workers in training and mentoring until their skills were properly developed. Jumping ahead over 26 years now those Andy trained are training the next generation of flood control staff using Andy's techniques. And now we'll have more time to spend with his wife Stacy, his son Andrew and his daughter Miranda.

I now therefore be it hereby ordered and resolved that this Board of Supervisors recognizes and thanks Michael Andy Villalobos for his 26 years of public service to the citizens of Santa Barbara County, and wishes him the best in his well-deserved retirement. Passed and adopted today.

not transcribed≈11s of audible speech the AI couldn’t make out▸ listen
UnidentifiedUnidentified speaker 13Proposed52:43

Well, good morning Mr. Chair and members of the board today over the next three public works resolutions this morning we're celebrating exactly 100 years of outstanding public service to the residents of Santa Barbara County over three people and as you heard first up today we have Andy Villalobos on behalf of the entire department the water resources division in the flood control district we can't thank him enough for his 26 years of dedicated service And you heard from the resolution, Andy had kind of a unique start here in Santa Barbara County in 1998 with the flooding events. He'd been working here about a year and he gained a tremendous amount of experience through that event.

Really experienced that our staff are gaining new staff are gaining today through our winners so that benefited Andy and certainly benefited all of us in public works in the community here in Santa Barbara with that experience Because of those challenges early in his career, Andy led the Lompoc area and the San Ynez Valley areas. So he did pretty much those areas independently with his team. He took that experience and did just a fine job leading the flood control group in that area.

And as you heard, Andy's been a coach and once a coach always the coach. His leadership style is the coaches teams so he's used that coaching and that experience to develop really future leaders for our department. We can't thank Andy enough for everything he's done in Public Works and for the Flood Control District and we're going to miss him after 26 years. So Andy congratulations!

UnidentifiedClerk of the BoardProposed · by role54:28

I just want to say thank you to the Santa Barbara County for giving me the opportunity to do what I enjoy doing and meeting a lot of people on the way, working with a lot of great people. And never forget it. Thank you.

0:54 – 1:005 turns

ElectedSteve LavagninoSupervisorProposedvoiceprint 0.8154:56

All right, that takes us to item A-26. Madam Clerk?

UnidentifiedClerk of the BoardProposed · by role55:01

Vice Chair Lavinino and members of the Board, Administrative Item 26 is sponsored by Supervisor Lavinino. It's to adopt a resolution of commendation honoring Glenn A. Sweeney upon his retirement from the Public Works Department after over 37 years of faithful and distinguished service to the citizens of Santa Barbara County. Joining us in Santa Maria we have Glenn Sweeney. If you'll please join us at the podium I will read your resolution into the record.

Glenn A. Sweeney began his employment with the County of Santa Barbara on October 20th, 1986 with the Public Works Transportation Division working in the tree crew. He then joined the Flood Control District in 1988 as a flood control district team leader. Glenn has worked as a maintenance worker, heavy equipment operator, maintenance leader and finally ending his 37-year career as a maintenance supervisor.

And whereas in 1998, Glenn proved his value and commitment to the county when he and his team were called upon to help repair the damaged Santa Maria River levee. He along with his team spent 14 to 16 hours nonstop completing emergency repairs helping to protect life and property of the adjacent communities. This work continued until the US Army Corps of Engineers could mobilize and take over the project likely saving millions in property damage.

And whereas following the Thomas fire and one nine debris flow, Glenn's expertise was instrumental in the recovery of the community. And although he was a North County resident, he made it a priority to ensure the public safety even if it was on the far end of the county adding three or more hours to his workday. And whereas Glenn was never afraid to take on less glamorous mundane tedious or challenging tasks needed to get the job completed.

Whether it be the midnight emergency patrols of the Santa Maria River levee, operating his D7 to push rock to slow water or basin and channel clearing. His dedication even pushed him to go beyond his normal job duties to obtain his pest control advisor license and maintain it for over 30 years helping maintenance operators take a more strategic path moving forward during yearly spraying operations.

Glenn will retire on March 31st, 2023 after nearly 37 years of faithful public service to the Santa Barbara County and will now have more time to enjoy his wife Brenda son Stephen and Casey and their families. Now therefore be it hereby ordered and resolved that the Santa Barbara County Board of Supervisors recognizes and thanks Glenn Sweeney for his 37 years of public service to the citizens of Santa Barbara County and wishes him the best in his well-deserved retirement passed and adopted today

UnidentifiedUnidentified speaker 13Proposed57:54

Mr. Chair and board members, I want to thank Glenn and honor him on behalf of the department, the water resources division and the flood control district for 37 outstanding years of public service. While Glenn will be a big loss certainly to the department and the district but certainly to the residents up here in the North County not only because he kind of led an outstanding team up here but after 37 years, Glenn was the guy that knew which valve to turn He knew where the problematic areas were. He knew where the problems would occur before we did, and he would be able to take the resources and get out there and take care of business. So that type of knowledge is rare, that institutional knowledge, and it's not easy to replace. Also Glenn's willingness to protect and serve the public to the best of his abilities year after year Did not go unnoticed from a department perspective because he was always on the job there to protect the community.

He's been a great role model, specifically in the treatment of people. From my experiences and what his team has shared it's always been kind of a consistent approach. It didn't matter if it was a brand new employee, a new supervisor or a member of the public even during high stress times is his approach never changed. It was calm and it was most importantly respectful. So Glenn, thank you for your outstanding service and we wish you the best and we hope you enjoy the next chapter of your life with your family. Great to see them here today so congratulations.

CommentMadam ClerkProposed · by introduction59:38

Well

UnidentifiedUnidentified speaker 14Proposed59:39

I didn't know this day would ever come When we started in 86, you don't think about your retirement. You just think about my next paycheck getting the job done but when I think about the job that we did for flight control and those guys The work is awesome. Um, I grew up in the creeks and Tanglewood Played in them all my life, and I worked in them for a long time. So it's been a great job. I wouldn't trade it for anything.

And I look forward to the new guys taking over and they're going to do a wonderful job for us. So if you guys are in good hands, I'll still be around but they're gonna do the job. So thank you very much.

1:00 – 1:066 turns

ElectedSteve LavagninoSupervisorProposedvoiceprint 0.811:00:30

I just at the last, what was it? The ninth. January 9th we had the big storm. Corey and I went out and Corey told me there's not gonna be anybody. This thing just got going and it's just a mess out there. I don't know why we're going out there. What are we gonna do? Well, I just wanted to make sure somebody was on the job ensuring enough. I didn't tell anybody I was gone.

And I found what I thought might be a problem area. Here comes the truck and who's in it? It's Glenn, you know he was already on it already knew that that was going to be the spot that might be a problem here actually already had our contractors out working on that on the issue so. Glenn, we're going to miss you. Thank you for your service. We appreciate it.

Supervisor Nelson?

UnidentifiedUnidentified speaker 1Proposed1:01:11

Yeah he must have been in two places at the same time because he was all over Orchard throughout the January 9th storms and again thank you Glenn for your work I didn't recognize you not in your poncho so thank you again for your service to our community in the North County and entire community I mean it was your leadership was much appreciated thank you

ElectedSteve LavagninoSupervisorProposedvoiceprint 0.811:01:34

All right, that takes us to 827. By the way you're going to be a lot busier it looks like behind you than you were when you were working for us. 827 please

UnidentifiedClerk of the BoardProposed · by role1:01:44

Vice Chair Lavinino and members of the board, Administrative Item 27 is sponsored by Supervisor Lavinino. It is to adopt a resolution of commendation honoring Curtis J. Clucker upon his retirement from the Public Works Department for over 37 years of faithful and distinguished service to the citizens of Santa Barbara County. Joining us in Santa Maria we have Curtis J Clucker. If you would join us at the podium I will now read your resolution into the record.

Kurt Klecker began his career with the Santa Barbara County Public Works Department on March 11, 1985 as an equipment service worker in the Lompoc road yard. Whereas over his 37-year career Mr. Klecker worked his way from road maintenance worker to a maintenance staff assistant With a stint as a heavy equipment operator for the Flood Control Division in the North County Road Maintenance Superintendent for over a decade after taking up his final post as road maintenance manager on January 16, 2017. And whereas Mr. Klucker has been instrumental in the Transportation Division's response to numerous local state and federal declared emergencies including fires floods and debris flows And whereas throughout his career at the county, Kurt has held a paramount, the best interests of the citizens of Santa Barbara County as it relates to roads, sidewalks, trees, signs, pavement markings and drainage.

Helping to provide a clear path, a smooth ride and a safe trip for traveling public. And whereas in addition to his work with the Public Works Department, Kurt was also very active in the Maintenance Superintendents Association Serving as the Central Coast chapter president in 1993 on the board of directors for many years and continuing as an honorary life member After 36 years and continuing his service to the organization Whereas known as a straight shooter in all unincorporated communities. Mr. Clucker is the epitome of the public service and has set a high bar for professionalism and challenges those around him to do the same And whereas, after 37 years of faithful public service to the citizens of Santa Barbara County.

He will retire on March 31st 2023 freeing up his time to spend with his grandkids Kingston and Veda play music go fishing tinker in his garage and cruise around the roads he helped maintain in his 1936 Ford pickup truck with his wife Susan Now therefore be it hereby ordered and resolved that this Board of Supervisors of the County of Santa Barbara commends and thanks Mr. Cooker for over 37 years of dedicated service to the county, and wishes him and his family the best in his retirement passed and adopted today

UnidentifiedUnidentified speaker 13Proposed1:04:38

Mr. Chair and board members, thank you for honoring Kurt Kluge today and on behalf of the Public Works Department in the Transportation Division I want to thank Kurt for his outstanding public service 37 years worth As you heard in the resolution, Kurt has been instrumental in the Transportation Division's response and the department's response to numerous federal state and local emergencies over his career And all these gentlemen, Kirkland and Andy were all at the helm of their respective sections this past weekend since January 9th. And as you can tell they're going to be busy this week we're going to keep them busy right up to their retirement date. Right? So we need that knowledge to stay around.

Kurt also provided the balance within the Transportation Division that was needed to ensure that all aspects of problems were analyzed in developing a solution. Some say Kurt has a superpower because he always recognizes when it's time to hit the pause button, take a breath and systematically work on a solution that balanced the needs of the multiple users of our transportation system.

No one matches Kurt when it comes to organization and this is key for public works because we rely heavily on historical documents which provide us with the what, why and how of why we do things out on the road system. And every time we could count on Kurt to pull the 20 year old document out of his hat and often Require us to change course from the decision we had made originally. So we appreciate that, Kurt. You kept us between the lines and that's a tough test. So Kurt's overall value in all transportation areas have proven unmatched for the last 37 years. Can't thank him enough for his service and we wish him a great next chapter with his family. So congratulations, Kurt.

CommentMadam ClerkProposed · by introduction1:06:23

Thank you.

1:06 – 1:104 turns

UnidentifiedUnidentified speaker 15Proposed1:06:35

Thank you very much for the resolution. It's very much appreciated like Glenn said I, you know starting back in 85 never really anticipated getting to this point it was really kind of a neat time because as us young guys were coming on the World War Two vets And getting to get your feet wet with those guys really made a huge impact on me. They could fix anything with a pocket comb and a rock, and I tried to adopt that philosophy the best I could. I do tend to be a paper person so I'll try and get all that cleaned up before I go but it's always nice to have a document.

So I'd just like to say a couple more words if you don't mind. In roads, we strive to let our work speak for itself. To deliver the best roadway network we can with the resources allotted by the board. Every 1 of us here today got here on a roadway or walkway part of a man made all weather ribbon of connectivity built over the past 150 years or so. And maintained by a team here at the county.

I feel privileged to have served that system, that network for this community, our friends and family and the commerce this network supports and that we depend on. Thank you again. It's nice to be acknowledged by the board that represents this community. Thank you.

ElectedSteve LavagninoSupervisorProposedvoiceprint 0.811:08:23

So in the resolution it says Kurt's known as a straight shooter and I will attest to that. I just had a couple stories about Kurt one was, I think it was my first meeting might have been my second meeting it was here in Santa Maria was sitting right there 13 years ago. I thought I knew what I was talking about, but apparently I didn't. And when the meeting was over my secretary says hey Kurt Kluker wants to speak to you. Okay come in and Kurt came in and he very respectfully just basically told me that I didn't know what I was talking about and I should probably get educated on the issue.

And I really appreciated it because he was right. It turned out he was right, I was wrong But the interesting thing about Kurt is about a month after that, I had a town hall at Sysquak which I thought was gonna be a really good idea. Let's go out and hear what the folks at Sysquak and Gary have on their mind. Which if you don't know that community, you better know what you're doing when you walk in there.

And while I started taking a bunch of heat, Kurt was first guy stepped up got in the way Appreciate it man, thank you. So I wish you all the best. You bet. Okay let's get to 27, an easy

ElectedBob NelsonSupervisorProposedvoiceprint 0.921:09:44

one. Before we go to 27 I just wanted to chime in support of your resolution. I think all three of these public works employees are emblematic of something that I think is really powerful in the institution The whole department exhibits an undefeatable can-do attitude. Disaster after disaster, prevention project after prevention project constantly working to ensure the safety of our community and it really is powerful and something that should be celebrated and I thank all three of them for providing that example for the employees that come after you.

ElectedSteve LavagninoSupervisorProposedvoiceprint 0.811:10:35

Yeah, and Scott either you're doing something right or wrong. So I don't know if there's anybody left in public works but 100 years out the door he's doing something very right we agree. I think Scott is still now the only unelected department head that's been here longer than me so you are the been here a while all right let's go to 827 please

1:11 – 1:186 turns

UnidentifiedClerk of the BoardProposed · by role1:11:01

Vice Chair Lavinino and members of the board, that item was administrative.

ElectedSteve LavagninoSupervisorProposedvoiceprint 0.811:11:06

828 I'm sorry 828. 827 was

UnidentifiedClerk of the BoardProposed · by role1:11:08

moved. Administrative Item 28. 29.

ElectedSteve LavagninoSupervisorProposedvoiceprint 0.811:11:14

Whatever the one Magnicola is that's the one we're going to.

UnidentifiedClerk of the BoardProposed · by role1:11:19

Chair Labanino and members of the board, administrative item number 29 is sponsored by Supervisor Labanino. It is to adopt a resolution of commendation honoring Chief Deputy District Attorney Magna Cola upon his retirement from the district attorney's office after over 29 years of faithful and distinguished service to the citizens of Santa Barbara County. Joining us in Santa Maria we have District Attorney John Savernock and Chief Deputy District Attorney Magna Cola. If you will join us at the podium I will now read the resolution into the record.

Whereas Chief Deputy District Attorney Magnicola retired on March 3rd, 2023 after 29 years with the Santa Barbara District Attorney's Office where he served with excellence as the deputy district attorney, filing deputy and chief deputy district attorney. And whereas, Mag was the district attorney's representative in all criminal justice policy meetings and working groups. And served as the point of contact for numerous multi-jurisdictional partnerships for the past 10 years.

As a chief deputy district attorney, Mag served as the mentor for deputy district attorneys and worked to solidify a remarkable relationship between the District Attorney's Office and our partner law enforcement agencies. Mag was instructed in instrumental in improving procedures between Santa Maria Police Department and the District Attorney's Office. He has always made himself available to all law enforcement for guidance and advice throughout his tenure with the District Attorney's Office, Mag won every possible county prosecutor MAG won every award a county prosecutor could win. From Supervisor of the Year, District Attorney of the Year, the Santa Maria Elks Law Enforcement Appreciation Award and the prestigious Thomas H. Gary Award.

Whereas MAG helped vigorously prosecute some of the most heinous crimes in Santa Barbara County. Four defendants who were charged with robbery and murder at the Vandenberg Federal Credit Union, and the Slick Gardner case which was the largest criminal cruelty case. The largest animal cruelty case in the county history. Whereas MAG was monumental in leading our office through new criminal justice reforms and legislative changes while providing invaluable training to dozens of new prosecutors who now have careers with the District Attorney's Office. Throughout his career, Mag spent countless hours contributing to the office's juvenile law and justice programs. And also spent many hours in the North County schools teaching students about their legal rights and responsibilities.

And whereas, Mag constantly showed good judgment, professionalism, dedication and unwavering perseverance, and passion in fighting and preventing crime. And committed his career to working with crime victims, the public courts probation law enforcement and criminal justice partners to enforce the law while seeking fair and just outcomes. Now therefore it is hereby ordered resolved that this Board of Supervisors commends Chief Deputy District Attorney Magnicola for his faithful and distinguished service to the citizens of Santa Barbara County, congratulates him upon his retirement and wishes him and his family many years of good health and happiness passed and adopted today.

UnidentifiedUnidentified speaker 16Proposed1:14:54

Vice Chair Lavinino, members of the board. It's going to be hard for me not to get emotional in my 30 years in public service. Meg represents the best of all of us. He cares deeply about the mission of his department He cares deeply about the people that assist him, help him work with him and carrying out that mission. And most importantly he cares deeply about the people that we serve. He is a member of this community. He is a proud member of this community.

I'm amazed at how he knows everybody or knows somebody that knows everybody and he truly cares He is not only a peer, we have worked together. More importantly he is a friend and while I will not have the good fortune of having him be a part of my administration moving forward I would like to read the comments of someone who did see all of his qualities, recognized them and made him part of her administration for years.

Retired District Attorney Joyce Studley regrets that she was unable to be here today. She did plan on it but in honor of her good friend she wanted me to read these comments I had the honor and absolute pleasure of working with Meg for over 25 years. Although Meg is a brilliant attorney and a very hardworking public servant, I believe it is his heart that has been the biggest gift to our county. Meg cares deeply about the communities he served and his colleagues in the criminal justice system especially those in law enforcement and the DA's office. Meg's deep caring is what inspired him to work long hours to seek justice for all.

In his decades at the DA's office, he has created new programs garnered significant resources to support the ethical prosecution of defendants and improved our facilities in the North County offices Meg has also ensured that those faced with charges are given due process and that crime victims not only got justice but also the support they needed to grow from victim to survivor.

During my tenure as DA, I was frequently in awe of all Meg accomplished without getting nearly the attention he deserved and the attention he always avoided Our county was indeed blessed to have him play such a critical role in the DA's office for such a long period of arduous times. From Joyce, heartfelt thanks my friend.

1:18 – 1:222 turns

UnidentifiedUnidentified speaker 17Proposed1:18:23

Thank you, especially thank you Supervisor Labenino for bringing this attention that I know you know I didn't want. Very much appreciate it. Want to thank my family, my friends and in particular I want to thank Sheriff Brown. I've known Sheriff Brown for almost my entire career And he's just been a great friend, a good mentor and a rock solid sheriff. And prior to that police chief of Lompoc Police Department it's been such a fun ride.

And I thank you from the depth of my soul. It's been very rewarding and I'm glad I got to experience it here in Santa Barbara County Uh, on a more serious note I've appeared in front of the board. More times than I can count in my capacity with the district attorney's office. I'm free now to say that this is actually the meeting that I've enjoyed. So thank you for that.

Thank you very much.

ElectedSteve LavagninoSupervisorProposedvoiceprint 0.811:19:50

Well, I had to. I had talked to Max White Julian and said that we were going to go ahead and sure yeah, we're gonna honor Megan and I started Maggie and I play in a legal. Poker home game. I checked. I felt like if I'm playing in this game, it's the Chief Deputy District Attorney is in the same game. I think I'm OK so. At one point Julie called me though and said, hey have you? I said let's keep it a secret. She said have you talked to Meg about the 14th? And I said no. She said well I haven't either but he's now planning a trip to San Diego so it might be a good idea to actually let him know that we're doing this. So I was glad we were able to surprise you.

When I moved back here in 1998, I live over by the courthouse And I remember, I used to see this convertible cruising by and this young guy driving this convertible. That guy looks like he's too cool for Santa Maria. Like who is this guy? Then I finally figured out it was Mag. Then I found out you weren't that cool after we started hanging out. But Mag's got one of those jobs that isn't nine-to-five.

When we talk about a lifetime of service His is also been a lifestyle of service because in his job you miss all those family events. You know, you are at the whim of your job is first. When he's sitting at the table with us, he's got his cell phone out. He's ready for that next call so You know, could have been made a bunch more money in private service. So we do appreciate your lifestyle of service as well as your lifetime.

These jobs also involve the family you know I can't imagine how difficult it is to separate especially in a job like Meg's where you're looking at you're seeing things and hearing about things that are traumatic Um, and shocking and then have to go home and just kind of change your entire personality. It's got to be so difficult. So not to mention the fact that you're living with the thought too that you put some of the most heinous violent criminals away and in our state.

They don't stay there, so some of those folks are also coming out. So Mag I want to thank you for all the sacrifices you've made for us and for the people of this county and Brandon and Julie he is now all yours. So thank you very much Mag appreciate it. Okay, we're gonna take a five minute break before we move on so you guys can all congratulate each other. Thanks a lot.

1:31 – 1:506 turns

ElectedBob NelsonSupervisorProposedvoiceprint 0.921:31:18

We'll call the meeting back to order. This is Doss Williams in South County and now is the time for members of the public to speak on items that are not on the agenda. Madam Clerk, are there any requests to speak on general public comment?

UnidentifiedClerk of the BoardProposed · by role1:31:33

Chair Williams and members of the board we have no request to speak.

ElectedBob NelsonSupervisorProposedvoiceprint 0.921:31:36

Then we will go proceed to departmental item number one

UnidentifiedClerk of the BoardProposed · by role1:31:43

Chair Williams and members of the board, departmental item number one is from the county executive office. It is a hearing to consider recommendations regarding fiscal year 2022 through 2023 second quarter budget status report and cannabis taxation compliance and enforcement update.

UnidentifiedUnidentified speaker 18Proposed1:32:06

Brittany. Okay, so this is Paul Clemente up in North County. Good morning Chair Williams, members of the board. I'm your budget director presenting with me down in Santa Barbara for a portion of this as Brittany Heaton for the Cannabis Division. We also have Stephen Yee up here and I believe Jeff Frapwell down in Santa Barbara available to answer questions.

So today's report will provide an update on the county's financial performance relative to the budget through the second quarter, as well as an update from the Cannabis Division on taxation compliance and enforcement activities. As a reminder for this report, we take departments actual financial information through December 31st plus projections for the remaining six months of the year and compare that to the adjusted budget for the year. Departments in the general fund that have a projected variance greater than $300,000 positive or negative receive a write-up in this report explaining the drivers of the variance as do special revenue funds with variances larger than $500,000.

In the general fund, the largest variances in General Revenues Department 991 where the county receives its discretionary general fund dollars. Similar to what we reported in quarter 1 general revenues is projecting a 23.1 million dollar positive variance driven mostly by property taxes which are anticipated to come in around 17 million dollars higher than the adopted budget.

This higher 2223 property tax base was known last quarter when the 5 year forecast was developed and was used as the basis of the revenue in that forecast. As well, as the 2324 budget that we'll be discussing a workshops next month so this large bump that we're seeing in the 2223 compared to budget is already baked into the future numbers that we've been discussing and will continue discuss in April.

The variance in property tax revenue is driven by a few factors. Timing of budget development plays a role, with our office getting estimates from the auditor controller around January of each year that we base the upcoming fiscal year's budget off of while the assessor's office continues to work through the end of June to finalize the tax roll. Anticipated growth in the 22-23 budget was a strong 4.5%, but the finalized roll ended up at 8.1% growth.

This was driven by the significant increase in property transfer volume in 21-22, as well as a backlog from the prior fiscal year resulting in higher reassessed values. In the current year, property transfer volume has substantially slowed compared to the prior two years so the assessor's office does not anticipate seeing that level of assessed value growth again.

Adding to this large increase was the assessors' office work in spring of 22 to address a backlog of Prop 8 reassessments These were assessed values that had been decreased during the Great Recession under Prop 8, whose market values have now risen back to the Prop 13 valuation but had not yet had the reassessment done. The assessor worked through the remaining backlog of these reassessments by the time the 22-23 roll was completed, but again after the 22 23 budget numbers had been set. We have confirmed with the assessor that no such backlog remains so we don't anticipate a similar bump in 23 24 Other drivers of the surplus in general revenues include interest income on the general fund projecting $2.5 million higher than anticipated due to the interest rate increases we have been seeing over the past year.

Transient occupancy tax continues to outperform expectations projecting over $2 million higher than budgeted and sales tax may come in around a million dollars overbudget. Our sales tax consultant, HDL does caution that the second half of this fiscal year and moving into next year may see some flattening of growth in sales tax as both inflation and economic uncertainty remain high. This could impact TOT as well.

Of course, the one dark spot general revenues we see on the slide here is the cannabis tax performance which is projecting over $10 million less than budget which will go over in greater detail later in this presentation. The sheriff's office is projecting a negative variance of just under $400,000 which is .02% of their total budget. They have incurred 8.7 million dollars in overtime expenses as of December 31st on an annual budget of 5 million dollars and at current trends could reach as high as 18 million dollars in overtime for the year however most of these overtime costs are being covered by salary savings for now This deficit could grow larger in the second half of this year if the sheriff starts to see more success filling vacancies because of the substantial time spent training new staff before they can fill post positions, meaning overtime continues to be needed but the salary savings are no longer there to offset it while new staff is onboarded and trained.

This is what we hope to see however, as we know the levels of overtime currently being worked in the department are unsustainable and are having ripple effects and indirect costs not just within the department but increasingly in the time and resources that supporting departments are spending on this issue. In addition to general revenues and the sheriff's office, we had 6 other departments with reportable variances all positive and all driven by salary savings.

They're listed on the slide here I won't read through each 1 and most of the other departments in the general fund while not reportable are also anticipating small positive variances. This leads us to a total anticipated positive variance for the general fund of $28.5 million. We still have two quarters left, and these numbers may change but as is our practice any surplus at the end of the fiscal year it's put into fund balanced and used as available one time funds during the development of the fiscal year 24-25 budget one year from now We have 3 special revenue funds with reportable variances fire at 3.5Million and social services in both their social services fund at 1.8Million dollars, and in their in home supportive services fund that close to 800000 dollars.

These are all driven by salary savings as well as unanticipated revenue. Fire receives property taxes directly, so the explanation here is similar to what I discussed earlier for general revenues. With fire anticipating property taxes totaling about 2.2 million higher than budget in both social services funds 1991 and 2011 realignment revenues from the state received higher increases to their base funding than the department anticipated in their budget which will allow the department to preserve fund balance for future years That concludes my piece, I will turn the rest over to Brittany.

Brittany just let us know we'll move the slides forward.

UnidentifiedUnidentified speaker 19Proposed1:38:57

Thank you Mr. Clemente Chair Williams Board. We also like to give an update on cannabis with the budget report so we'll talk about gross receipts and some of the actions over the last quarter. As of the filing deadline, which is January 31st for the second quarter cannabis revenues brought in $1.1 million. We do have an update as of today we are at 3.1 million dollars We're up 1.3 From I'm sorry, three point five million dollars Looking at Finn yesterday morning so that means that several operators have since filed since that deadline and and paid for On enforcement, the Sheriff's Office completed five enforcement actions against the illegal cannabis market that resulted in compensating 1,969 plants 586 pounds of cannabis product with an estimated $1.6 million street value Our team has issued 14 business licenses over the last quarter.

We are looking at the cap, we've talked about the inland cap that's been reached as in terms of operators with approved land use entitlements and working on their business licenses. We have 14 operators that are actually on the wait list for the inland cap. We have not yet reached the cap in Carpentaria where About 28 acres away from the 186 acre maximum there.

And on that sunset date for legal nonconforming operators that we had December 31st, we had a deadline for the operators in the inland area to have a business license or cease or actually be pulled off of the wait list. We had one operator that wasn't able to make that deadline and has been taken off the eligibility list, and that acreage was offered to someone on the wait list.

Next slide please. Talking a little bit about the decline in gross sales receipts There has been a significant drop in the wholesale pricing, and the industry tells us when we read the periodicals and various resources that there's this severe supply glut. And so there's just too much product in California and not enough outlet for it. So the price per pound, I've just given kind of an estimation.

We saw an example of the prices per pound dropped by 35 to 40% on average if you look at the quarter two in 21-22 over the quarter two in 22-23. These are numbers from national averages but we can apply that here in California as well I think when you look at our revenues On enforcement, it continues and but there's also a continued evolution of the illegal market.

These folks that have been involved in the market haven't you know on the illegal side haven't gone away and their methods for providing product in the illegal market are evolving we're seeing more indoor grows that are harder to detect especially up in some of the larger some larger warehouses in the North County Some attrition has also contributed to the lack of revenue.

We've had 12 operators drop out for various reasons, their lack of capital that was three operators we had some compliance issues where we issued notices of non-compliance and the operators were unable to get into compliance mainly because of also lack of capital it was going to involve Some infrastructure investments that they weren't willing to do and so we had two operators drop out due to that. And then on board policies, that sunset date that I mentioned in the last slide, we had five operators that didn't make it onto the eligibility list back on June 30th and then we've had two operators that had to cease operations. So that's a total of 12 operators just due to attrition And when we looked at the numbers of what those operators were paying in tax revenue, it's over the beginning of the program because many of them were legal non-conforming operators.

They paid in about 12% of the total revenues and then on timing so when we have to project revenues, we looked at all of the operators that were in process for getting their business licenses and we had to estimate when they were going to come online And that's difficult to do. And so I think we may have overestimated in some areas of how many operators are going to come online based on the process and also the market.

Next slide, please. This slide just gives you an overall view of the change in revenue from the beginning of the program in 18-19. You know, we brought in $6.76 million in 18-'19 We had some increases of 45% in 1920. In our high watermark in 2021, we went up another 23%. We were at $15.7 million and then last year fiscal 21-22, we started to see that decline.

We went down 81% to 8.7 million and then this year our estimated actual so this is an estimate based on the first two quarter filings of you know around 5.8 million dollars That we're looking at about $7 million for 2324. So we do expect to see an increase next year, but not at the same rates that we were seeing in the earlier years of the program. Next slide please.

And then here there's a. There are several numbers on this slide that I won't read all to you, but what we wanted to demonstrate and and in the following slide we have a graphic Over time we've brought in increased revenue up, you know through 2021 and We also had expenditures but not at the rate that we had anticipated So we had a lot of carryover And so our ending balances are fairly high I mean in 21 22 were at 13.5 million dollars of carry over And so we are able to address the program costs as well as all of the ongoing allocations and one-time allocations that the board designated for 22 23 We anticipate even with revenues being down to 5.7 That will will see an ending balance this year this fiscal a four point six million dollars Next slide, please Here's the graphic just to complement that The two orange colors are the one-time, the light orange is the one time allocations.

The dark orange are enforcement and administration. So the dark orange that's the constant, that's the cost of what the program takes in staffing and resources. And you can see that's pretty stable The gray color is the non-cannabis ongoing allocations. These are allocations that the board has designated for various staffing in planning, long range planning, libraries.

There's an attachment to your board letter that lists many of them or all of them in fact and then the light orange are the one time allocations for the open spaces General fund to maintenance for parks and roads And that has increased over time with our revenues going up. And so you can see though the blue line now shows our revenue stabilizing then coming down and so Along with the carryover, and so if that trend continues Obviously we're gonna run into An issue where we're not able to cover those costs next slide please Finally, we just wanted to go over the numbers in a little more detail for this current fiscal year so that to be clear about what our ongoing cost is for the program.

We broke it down into three different buckets. We have permitting and that's on the planning side for operators get their land use entitlements. We have business licensing and program administration And then we have compliance and enforcement. And so in Table 1, we show the revenues that go toward those various programs. And FTEs are full-time equivalents. So we're talking about the number of employees, full-time employees that are dedicated to the various programs. And in Table 1 it shows the revenues that pay for those full-time equivalents And so you can see that in permitting, there are 10 full-time equivalents. But those are paid for with permitting fees that the applicants pay to Planning and Development.

Business license fees pay for 3.2 FTEs. And then the cannabis tax revenue picks up at 17.1. And that is for a total of 30.3. And those cannabis tax revenues cover Those employees as well as the soft costs for lease. We have a sheriff lease agreement we have The cost to the California Cannabis Authority, we have the cost For the HDL tax work as well as our Sela program so that's what's captured in Some of those ongoing costs and then in Table 2, we break down how many FTEs are associated with each of the programs. So you still get to the 30.3 but in Table 1, we wanted to demonstrate the revenue that goes toward those positions and then in Table 2 what those positions which program those positions are allocated toward.

And I believe that is Yes, thank you. I'll turn it back to Mr Clemente for the recommended action.

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1:50 – 1:5717 turns

UnidentifiedUnidentified speaker 18Proposed1:50:10

Sure, so on the slides we see recommended actions A and B just to receive in file as well as make the CEQA determinations that concludes the presentation were available for questions.

ElectedBob NelsonSupervisorProposedvoiceprint 0.921:50:24

Any questions from board members?

UnidentifiedUnidentified speaker 1Proposed1:50:29

Chair Williams have a question. Yes, thank you. I was just curious about that revision in the Q2 estimate. It seemed like it went from 1.1 to 3.5? Ms. Heaton?

UnidentifiedUnidentified speaker 19Proposed1:50:57

The change we had, we collected 1.1 by the end of the filing deadline so the quarter ends on December 31st and operators have until January 31st to file for Q2. When I looked in FIN yesterday, we were up from $1.1 million to $3.5 million in collections.

UnidentifiedUnidentified speaker 1Proposed1:51:17

And that was through Q2. So there was an additional 2.4 million in late?

UnidentifiedUnidentified speaker 19Proposed1:51:23

Yeah, correct and we can assume most of it's Q2 but some of it may be even left over from prior quarters of revenue that was due

UnidentifiedUnidentified speaker 1Proposed1:51:38

And the reason why I wanted to get some clarification there is because it seems like that may change the projections. And I know that's pretty new information, so are there some revisions that we might see to the projections from that increase? That's a 200% increase from what it was at the end of Q1 or Q2.

UnidentifiedUnidentified speaker 18Proposed1:52:01

I can speak to that, Supervisor Nelson through the chair. So to clarify the numbers we're talking about through December 31st and in collections through January 31st so for the two quarters of collections we had received 2.2 million dollars as a whole for the first six months of the year That's what we base the projections on, we're talking about here. And since then delinquent payments have come in totaling another $1.3 million. So that is something that is new information and we will be using that and possibly updating our forecasting things when we come back in April to discuss cannabis at the workshops. Okay thank you.

I have a

ElectedSteve LavagninoSupervisorProposedvoiceprint 0.811:52:43

question Mr. Chair?

ElectedBob NelsonSupervisorProposedvoiceprint 0.921:52:46

Yes Mr. Lavanino

ElectedSteve LavagninoSupervisorProposedvoiceprint 0.811:52:48

Thank you. It's more about it's about the property tax and and the timing. This I mean, it's nice that we came in 17 million over. That's awesome and so I don't really complain about the timing too much but if that was reversed and we were 17 million in the whole that's going to be a little bit of a budget breaker. So is there any strategies or you've been doing this awhile? What what could we do different so that we actually end up with a number that is kind of in the ballpark of and I know this was kind of an outlier but Is there any recommendations that you could make that would give us a little more certainty of the number that we're getting?

UnidentifiedUnidentified speaker 18Proposed1:53:30

Supervisor, through the chair. We definitely note this outlier this year and it's a big one and on our end our office has stepped up communication with the assessor's office and will continue to do so. We're talking to them at least once a month now as they continue to work through I'm going to go ahead and get started. I want to start by saying thank you to the board of Supervisors for their role information, finalizing that role. So monthly updates from them and if they see significant movement one way or the other as we continue

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ElectedSteve LavagninoSupervisorProposedvoiceprint 0.811:54:12

Thank you. And then 1 of the thing I just want to have staff, maybe take a look at maybe this is for Nancy is that as we get to the budget workshops. Um, there were things that we added as board members to the cannabis fund. It had nothing to do with cannabis and you kind of detailed some of those out. There's specific positions maybe inside departments that had they have nothing to do with cannabis but we just. We had extra money at the time so we decided that's where the money was going to come from.

It would be nice to kind of come up with some sort of a strategy that those departments now that are coming back with, that are showing that they have an excess. That somehow they buy back that position out of the cannabis revenue fund so that it's actually I mean, it's just better budget mechanics actually so that. I mean, I was always strong supporter of 1 time revenues for that cannabis fund and we ended up kind of.

Getting out of that, but I mean if somebody's got something. You know, let's say in a totally different department and they also now have an exceedance it would be nice to just kind of fold that back into their actual budget. Can you comment on that?

UnidentifiedUnidentified speaker 20Proposed1:55:26

And thank you, I'm supervisor Lavinia through the chair. So as Mr quantity had mentioned we are bringing back an item for the workshops and those are exactly the type of things that we're looking at if you recall your board head in 2122 had kind of directed us in a way to ensure that if we identify any ongoing And we actually did that in 2223. All of the public safety ongoing commitments, we move those over to prop 172 so they had an ongoing source that was not cannabis. So those are exactly the things that will be looking at as we take it to that workshop discussion and have some recommendations for your board so that we can kind of resolve this prospectively as much as we can, at least on the ongoing commitment piece.

ElectedSteve LavagninoSupervisorProposedvoiceprint 0.811:56:22

Excellent, thank you. And then just a question for Brittany. Do we know do we have the timeline on? I'm not sure what retail has opened and what retail hasn't opened or what's scheduled to open in if we've got a plan on.

UnidentifiedUnidentified speaker 19Proposed1:56:37

Thank you Supervisor Lavagnino through the chair as of today we have two retail that are open one in San Ynez and one in Isla Vista and we have two more that are in the building permit process So we anticipate them coming online fairly soon-ish. That's part of us trying to forecast when these are gonna open, but ultimately we will have six, but today we have two.

ElectedSteve LavagninoSupervisorProposedvoiceprint 0.811:57:13

And those two that you stated are in building cycle? What are those two locations?

1:57 – 2:0629 turns

UnidentifiedUnidentified speaker 19Proposed1:57:21

And the upper State Street Eastern Goleta Valley. Okay,

ElectedSteve LavagninoSupervisorProposedvoiceprint 0.811:57:28

thank you very much. That's all my questions.

ElectedJoan HartmannSupervisorProposedvoiceprint 0.781:57:31

Chair Williams I had some questions as well.

ElectedBob NelsonSupervisorProposedvoiceprint 0.921:57:34

Supervisor Hartman?

ElectedJoan HartmannSupervisorProposedvoiceprint 0.781:57:36

Thank you. My first question has to do with enforcement actions of the five that you described, how many are failure to comply with permit and how many are black market unpermitted? Do we break it down? Do we have that information?

UnidentifiedUnidentified speaker 19Proposed1:57:57

Supervisor Hartman through the chair I believe that Sergeant Banks is online from the sheriff's office And can give us more information on those enforcement actions. That

ElectedJoan HartmannSupervisorProposedvoiceprint 0.781:58:13

would be helpful and just a better understanding of how the black market is evolving you alluded to that, and I'd like to understand that better.

UnidentifiedUnidentified speaker 19Proposed1:58:23

If I know they were on storm watch OK there thank you.

UnidentifiedClerk of the BoardProposed · by role1:58:28

Yes, Supervisor Hartman through the chair. This is Matt Banks with the Sheriff's Department and we of the five you referenced all of those are of the illicit market variety. Nothing from those five stemmed from a compliance aspect. If that answers your question.

ElectedJoan HartmannSupervisorProposedvoiceprint 0.781:58:47

Okay so they're all black market and could you talk a little bit about the evolution of the black market? How people are I assume avoiding enforcement action and how you're keeping up with them.

UnidentifiedClerk of the BoardProposed · by role1:59:04

Yes, we're still we're seeing as Miss Heaton said, we're seeing a movement towards more indoor groves last year. We only saw a handful of outdoor groves. The indoor groves are obviously harder to identify so it slows the process some. We did fly the county several times throughout last year and did not find a lot of the outdoor groves And then we are still seeing the street level dealers and when we have those, we obviously try and follow up to identify sources. But that's the main avenues we're seeing right now.

ElectedJoan HartmannSupervisorProposedvoiceprint 0.781:59:44

And are there any things people should be looking for with indoor grows? Are there any telltale signs?

UnidentifiedClerk of the BoardProposed · by role1:59:55

As far as like citizens that can Yeah, I mean, oftentimes they start with citizen tips. And that's just people knowing their neighborhoods and their communities and seeing something that doesn't seem right and reaching out to us either anonymously through the websites or directly through calling the Sheriff's Department and giving us the places to look As far as what to look for, it kind of goes hand in hand with all sale of illicit drugs. In that you see maybe traffic was out of the ordinary for a house you live near and you're seeing an increase in traffic or people that are coming at weird hours or just kind of something that's not normal for your neighborhood community.

ElectedJoan HartmannSupervisorProposedvoiceprint 0.782:00:55

And then I had one more question. Of these enforcement actions, most of which were unpermitted black market, how many are referred for criminal prosecution?

UnidentifiedClerk of the BoardProposed · by role2:01:12

All five of the ones we handled, I believe in the last quarter were referred to the district attorney's office for prosecution. The majority of what we do on on the enforcement side gets referred to the District Attorney's Office for Prosecution.

ElectedJoan HartmannSupervisorProposedvoiceprint 0.782:01:25

Thank you, thank you very much. I had some more general questions as well and this the next one has to do with planning and development and much of their work has been getting these operators permitted and we recover the costs there but what happens? I mean i think we're going to have to move increasingly towards compliance and I just wondered how that was funded

UnidentifiedUnidentified speaker 19Proposed2:01:56

Supervisor Hartman, Chair Williams. I believe that Director Plowman is on the line. Yes, I

UnidentifiedClerk of the BoardProposed · by role2:02:05

am thank

UnidentifiedUnidentified speaker 19Proposed2:02:06

you.

UnidentifiedClerk of the BoardProposed · by role2:02:08

So our compliance we do charge fees for our compliance work so they were there covered by that.

ElectedJoan HartmannSupervisorProposedvoiceprint 0.782:02:16

Could you elaborate a little bit more how and is it enough?

UnidentifiedClerk of the BoardProposed · by role2:02:19

And so we do have to

ElectedJoan HartmannSupervisorProposedvoiceprint 0.782:02:21

visit

UnidentifiedClerk of the BoardProposed · by role2:02:22

right right We do currently have a fee when, when somebody has an application and whether it's cannabis or non-cannabis. They have a compliance fee that we pay in that we bill against when we determine their compliance with their permits. And so that that's a common thing that's required for all discretionary permits that we have at the county.

ElectedJoan HartmannSupervisorProposedvoiceprint 0.782:02:47

Uh, if you could elaborate a little bit more because a lot of things are they're done. You build the building and you comply and it's over cannabis is ongoing. So how do you how do you do that?

UnidentifiedClerk of the BoardProposed · by role2:03:01

So yes supervisor department through the chair so in these particular projects there are conditions that have to be met. So that's the 1st phase right? So we have compliance staff That's reviewing plans, making sure that they followed everything they did. And that's your first phase of your compliance the rest of the work that we do you know if there's an issue usually it will come through a complaint so if it's a year or two down the road and perhaps they're not following their conditions any further any longer then that would be complaint driven

ElectedJoan HartmannSupervisorProposedvoiceprint 0.782:03:42

And so I'm very interested. Excuse me, I'm very interested in how we move from complaint driven putting this responsibility on the community to an ongoing compliance for ongoing operations through P&D and how we would pay for that.

UnidentifiedClerk of the BoardProposed · by role2:04:03

So that's that is something that has been looked at in the past and I believe that issue was brought to the board prior Maybe in 2018. And we can certainly take a look at what that would cost, but that I believe would result in some additional and I would need to coordinate with Paul Clemente on this. Some additional general fund allocation towards if we were going to be doing proactive enforcement meaning we were driving around and going out and checking things rather than responsive to complaints.

ElectedJoan HartmannSupervisorProposedvoiceprint 0.782:04:42

Yeah, well I'm very interested in seeing that come back perhaps in budget workshops. Uh, I think I've been a voice all along saying that for this we really should bear the burden of enforcement ourselves the county and not expecting community members to do this. And, you know, there's security around these operations. It's very difficult. How do we know that they're the acreage that they say? How do we know that they're growing harvesting only two or three times a year and within the periods that we say these are the things that we put in place to try to deal with some of the nuisance impacts of these operations and if we have no way really to Oversee that, it seems to me that we're being very irresponsible. So I do have a keen interest in how we have a more proactive compliance effort and what that would cost and how some of the if the costs can be put on to the industry rather than to PNB.

I have 2 more questions. The other is, I know that we have a consortium that we pay for. That was basically to supplement or better understand the track and trace so that we could collect monies and. We didn't take on we didn't push this cost to the industry last budget cycle, but I'd be very. Uh, I think there was agreement that they should bear the cost and there are so I think they should. So that's just another flag for the upcoming budget.

And my final question is the retail cannabis, all of them had a community benefit portion in their application. And I'm just interested at some point in hearing how those are working.

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2:06 – 2:1212 turns

UnidentifiedUnidentified speaker 2Proposed2:06:54

Supervisor Hartman through the chair. It's Mona in Santa Barbara and on that question about the cannabis The CCA Maybe we can talk about it more at workshops We heard your concerns and will make sure with those are addressed but also Brittany or mr. Frapple can answer it in Santa Barbara

UnidentifiedUnidentified speaker 19Proposed2:07:11

Thank You supervisor Hartman Chair Williams, we are in the process of updating and looking at our fees for cannabis licensing. And so when we bring those fees to you, we can look at the cost of the CCA membership and what that would how that would translate to our operators as one of the options as a as a surcharge can break it out. And we can consider that when we bring our fee update

ElectedJoan HartmannSupervisorProposedvoiceprint 0.782:07:43

Thank you. I won't

UnidentifiedUnidentified speaker 2Proposed2:07:44

be interested. Mr. Pratt, could you remind us why we didn't do that at the beginning?

UnidentifiedUnidentified speaker 21Proposed2:07:50

Thank you Chair Harp and Supervisor Hartman and board members so it's interesting conversation we've had which with respect to how do we allocate that CCA membership or actually that access to metric information across all of our industry partners I think that initially we can only hear our tax and licensing, those that have made it all the way through the process. There are a number of operators that were operating with provisional license from the state but not yet completed the county's permit process.

So just looking quickly at table six included in your board packet. And what that does is that table six shows you kind of where we are with respect to business license issued by the county. If you look at the second column, which is the total of business license issued is 76. That's up from 62 in the prior quarter but there's still 93 that are in process and so if we were to try to recoup the cost of the CCA membership across a smaller population it disadvantages those that have made it all the way through our permit process. It advantaged those that are still Provisional state license. So our objective is to get everybody into a county permit process, that means they're in an application process, issuance process and then a renewal process.

And that gives us the mechanism to adequately and appropriately spread the membership cost across all the participants. So as Ms. Heaton mentioned this conversation is very timely both this conversation with respect to CCA membership allocation as well as your prior comment Supervisor Hartman about the cost of proactive compliance in the planning department.

We could look at both of those and when we bring back to your board, discussion of updating the fees for licenses, renewals and issuance. And we'll be happy to include that discussion in that board item.

ElectedLaura CappsSupervisorProposedvoiceprint 0.892:09:56

Thank you.

ElectedBob NelsonSupervisorProposedvoiceprint 0.922:09:59

Supervisor Katz?

ElectedLaura CappsSupervisorProposedvoiceprint 0.892:10:01

Thank you, Chair Williams. Thank you to the staff. It's obviously wonderful news encouraging that property taxes are up $17 million and that TOT tax is up two million even without here in South County the Biltmore. I know there's no way to know what the TOT for the Biltmore is but I imagine it was quite significant so I just wanted to ask a question first about TOT funds which are $17 million Fairly encouraging if this is you think about just the fact that it's only in the unincorporated parts of our county I'm curious if we can explain a bit about how TOT funds are spent Please

UnidentifiedUnidentified speaker 18Proposed2:10:43

Supervisor caps through the chair So TOT and all these other general like property tax and everything that we've been discussing in that department they all come in and are are a sum total number that gets dispersed out to the departments as general fund contribution. So each specific line item, from property tax to sales tax to TOT, all of those come in and it's a total number that is then disbursed out as the general fund contribution.

Cannabis is the one exception to that In that we have been segregating that because it is a new revenue source with a lot of volatility as we've seen and just uncertainty surrounding it. So, we have been segregating that in a fund balance and then dispersing it out of there as it comes in which lets us better track and adjust for that revenue when it's coming in short as we're seeing the past year or two.

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ElectedLaura CappsSupervisorProposedvoiceprint 0.892:11:51

Thank you. So just so I understand, the TOT tax which is hotel and bed tax isn't segmented out the same way that cannabis program is listed out?

UnidentifiedUnidentified speaker 18Proposed2:12:02

Supervisor that's correct

ElectedLaura CappsSupervisorProposedvoiceprint 0.892:12:04

I'd like to request that in the future it could be or otherwise. I mean, I just want to understand a bit you know from the general fund That would mean that TOT tax property tax goes to libraries goes to fight climate change goes to these other issues That are listed out by segment in the cannabis program Is that correct?

2:12 – 2:197 turns

UnidentifiedUnidentified speaker 18Proposed2:12:26

Supervisor broadly speaking now be correct but it's it's just not possible for us to To really say these, because these revenues have been coming in for decades into the county. They grow incrementally each year and it's that increment that gets. Um, you know, if it's 5Million dollars 1 year that 5Million dollars gets dispersed out as a. Single amount to the various departments um. I don't know that we would be able to.

Have any way of going back and carving that out as a separate item in the future, as far as where specifically that's going. But it funds all county discretionary operations.

ElectedLaura CappsSupervisorProposedvoiceprint 0.892:13:13

Okay, I appreciate that it's not possible to do that but I just want to make the sort of broader point that if with cannabis revenues way down That people might interpret. That is that these services that they care about Are threatened but given the uptake in the other other coffers so to speak We're looking pretty good. I just wanted to kind of convey that point. Is that an accurate assessment?

UnidentifiedUnidentified speaker 18Proposed2:13:39

Certainly and go ahead Mona

UnidentifiedUnidentified speaker 2Proposed2:13:43

Yes, and I think that we'll have that discussion fully at budget workshops, too So the board can see that but I think it goes to what Supervisor Lavagnino had said Earlier which is if we're doing better on other revenues or general fund revenues Should that be quote-unquote sort of taking the place of the cannabis revenue? That's been funding some of these things. So I think you both are kind of saying the same thing

ElectedLaura CappsSupervisorProposedvoiceprint 0.892:14:04

Yeah, I appreciate it Supervisor Levin you know this question on that. So then I want to ask about the cost of the program because I have many concerns about just the Fiscal costs but also just the resources that it takes this county and to see the number I was pretty surprised to see that It's 30 full-time staff That are actually working on this program. I understand that it's paid for by By cannabis, but just barely this last year if that's accurate. So five million to administer the program and 5.7 in tax revenue so you have it the staff sort of listed out here But I'd love to expound if you could expound on this I'm not sure quite who this question is directed towards of which departments does that draw from the most?

We heard from the sheriff we've heard DA I understand has one but I would like to have a better sense of where those staff people working on cannabis throughout our county

UnidentifiedUnidentified speaker 19Proposed2:15:00

Thank you, Supervisor Caps through the chair. Depending on the program we can start with permitting that's all that's planning and development and those are again all paid for with permitting fees so those would all be case planners and at least one supervising planner in the business license and administration area that covers the CEO's office So there's myself and I have two department business specialists that process business licenses.

And then in enforcement, that's where the bulk of these positions are. And that is the district attorney's office. Sheriff has the most positions they in enforcement. They have five and actually in business licensing They have two, so a total of seven. And then we have County Council because of the appeals that we're seeing on the permit side as well as the cases that the operators are bringing against us.

There were some of those. All the departments that are involved in business licensing get a portion of the license fees, and those are paid for. So we have the Ag and the Department of Ag Commissioner's Office. We have EHS, Environmental Health as well as Sustainability Division has a small portion And then, so I think that covers most of the departments. FIRE, I'm sorry, FIRE is the other one they do, they go through with the licensing as well.

So I don't, you know it's really spread throughout many departments. I think there's a total of nine that touches and of course the Treasurer Tax Collector's Office we have two positions there. Sorry, I forgot those. So we it's it's nine different departments With the sheriff's office having a majority if you know, if you're looking at peer numbers

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ElectedLaura CappsSupervisorProposedvoiceprint 0.892:17:20

Thank You miss Eaton and I just want to you know That's it. It's good to kind of understand the breadth of the program and how it really is so spread out as he said but matched with a worker shortage just raises alarm bells with me of not just the cost of this, of 30 people but also the opportunity costs. What are we not doing because folks are working on a program that is proven to be much more complicated than anyone anticipated? So I just am curious if our budget projections are so far off this last fiscal year. Are we considering reduction in those costs At the same time I understand the need for as Supervisor Hartman talked about more aggressive compliance So it's a real it's a real rub because we want to have a stronger program But again, I just want to restate my concern that this is occupying a lot of people's time at the expense perhaps of other more pressing issues that impact more people in our county and So I want to actually get to the fact that part of your presentation here referred to this severe glut in the market.

And I'm trying to understand, get my head around the black market and where we are and you know I think it's accurate that we still have about 22% of a lot of all the license in the state of California yet. Barely 2% of the land, so you know Tumbalt County by comparison is 19% of the licenses, so I'm just want to ask this sincerely are we a cause of the glut a cause?

2:19 – 2:244 turns

UnidentifiedUnidentified speaker 19Proposed2:19:07

Thank you Supervisor caps through the chair. I suppose you could say We're contributing. I mean, we produce product that is part of the glut. I think—I would say that not being able to ship the product across state lines is probably our biggest issue in California and it's an issue countrywide because We have various states that have legalization in there and we're all, we're stuck.

And so are we contributing? I suppose yes but as along with all the other counties that are producing cannabis, we do hold a number of state licenses. The most in the state right now, we kind of go back and forth with Humboldt County and that's mainly due to the size of our operations because the state licenses broken down into really small increments. So it doesn't necessarily equate to the total number of operators and in fact, you know they hold state licenses and we see many of our operators aren't producing right now so that's the I guess yes is the final answer.

We are contributing but along with all the other counties where cultivation is legal and happening

ElectedLaura CappsSupervisorProposedvoiceprint 0.892:20:30

Thank you. I just want to now shift to, because I do think this is a pause for reflection with these numbers of just 5 million in revenue, 5.7 million last year and I want to talk about enforcement and the fact that related to taxes because that's what our presentations on today and I've watched this board my colleague, my now colleagues as a constituent really show a lot of outrage Supervisor Williams all of them about the fact that so many of our operators are not paying taxes still five years in I Understand there was a lot to work out at the beginning But now we're five years in and we still have I think roughly 40% of operators either aren't reporting According to the presentation aren't reporting or reporting zero. So I have a lot of concerns about that And I know that my colleagues share those concerns, but I don't see That changing and I watched the board meeting last May 2022 when you all spent a very good amount of time trying to figure out should we change the tax system to make it more equitable?

We had two supervisors who were advocating for that And the decision was to keep it sort of status quo But to have these audits Happening so that we could figure out why some operators aren't paying why some are some are good actors Some aren't and then we'd learn from the audits and come back six months later to inform this board As to how we can be better at making sure that everyone who is operating Is at least reporting and ideally reporting more So my first question on this line is do we have a sense of how much revenue? We're missing out on and when I say we It's the people who are missing out on this revenue. Do we have any sense of ballpark? You know if we took in 5 million last year should that have been 8, should that have been 10, should that have been 12 I don't might be impossible for you to answer that specifically But I do think it's really an important point when we look at these numbers

UnidentifiedUnidentified speaker 19Proposed2:22:38

Thank You supervisor Capps That is a difficult question to answer and I think that the Treasurer Tax Selector's Office has Some idea based on the tax ordinance and the taxable transfers and what they're seeing in their reporting. I don't know what that number is today that we're missing out on. I know we've talked about maybe half, but I think we could get you a rough estimate based on the work we're doing now. And that is, you mentioned the operators that are not reporting.

When we give you this report it's at the filing deadline and so post-deadline unfortunately we do have people that file late and so those numbers Go down. And so we had 16 that didn't report in this report, but now we're down to 12 and each quarter the various operators that don't report change it's kind of like whack-a-mole right? We don't have one operator That's just not reporting over and over and over again because that would be a compliance issue. We would address and you know, we'd take care of So I think That's where this gets tricky. As far as the zero reporting, we are now with the data that we have from the CCA, we're able to see the transfers in metric, in track and trace so we can actually go back to an operator that reported zero when we see transfers and say look it looks like you had taxable transfers.

You reported them in track and trace. You reported them in metric. So this zero reporting doesn't make sense to us. It looks wrong come back and fix it. Sometimes there's a reason, and they weren't in fact taxable transfers, and other times we catch that. And so we're starting to do that, and we're starting to see more revenue as a result of that. But as far as the number, I don't have that today but I can get you something.

ElectedLaura CappsSupervisorProposedvoiceprint 0.892:24:47

Thank you. Is it possible to have a list of the operators who are not paying taxes?

2:24 – 2:3311 turns

UnidentifiedUnidentified speaker 19Proposed2:24:54

Supervisor Capps, we can't give you a list of operators that aren't paying taxes. We could get you a number of operators that have been reporting zero and possibly then a list of those who we followed up with because we saw taxable transfers versus those that reported zero legitimately. We have people report zero because they're not growing many, you know there's it's cyclical and seasonal and so we have we have that ebbs and flows.

ElectedLaura CappsSupervisorProposedvoiceprint 0.892:25:28

Yeah, I appreciate me. I just again for comparison sake although it's not perfect that are you know then on the other hand you have your TOT tax where we wouldn't we wouldn't be Okay with hotels that just weren't paying one quarter and then they did pay the next I just I just I do think We need to understand it that to the public this is rather confusing. They pay their taxes by and large they play by the system and this system is very opaque and it seems like there's leniency that I just So I'm really interested.

I want to move to

ElectedBob NelsonSupervisorProposedvoiceprint 0.922:26:01

enforcement. Supervisor Capsa, I just want to make a point. We have estimates that somewhere between one-third and 50% of our STRs do not pay taxes. So to your point, we have a large body of TOT that we have not been successful at forcing to pay taxes. And we do have outrage about it but it is a far larger percentage than what we see in the cannabis industry.

ElectedLaura CappsSupervisorProposedvoiceprint 0.892:26:40

Another thing to fix. So, okay, so I just want to understand what happens to an operator who isn't paying Who isn't repaying? And I understand you have a better understanding now of, you can trace and you can sort of see metrics. But have any of the licenses been revoked? I heard about the five seizures but that's related to black market cannabis. Have any licenses been actually revoked here in Santa Barbara County because of lack of compliance on tax revenue?

UnidentifiedUnidentified speaker 19Proposed2:27:12

Thank you for that question Supervisor Caps. To date we haven't had any revocations due non-compliance of tax payment. However, we are working—we currently have our first lien that we've submitted a letter of non-compliance, we being the Treasurer Tax Collector's Office and so there is a due process that has to be gone through and it's in the tax ordinance and so the Treasurer Tax Collector's Office will follow that process and then and give the operator a time frame as we would with any taxpayer.

And so if that timeframe isn't met, then my office would look at it would complementary at the same time, right? We'd say OK and will revoke your business license because you're unable to pay. We also have the renewal process each year. And so as operators come up for renewal, we will not renew a license if someone has back taxes that they owe and need to pay The last office that reviews and issues the license is the Treasurer Tax Collector's Office, and so they have to sign off on those renewals. What happens often is there are back taxes that need to be paid, and guess what? They come in and pay them because they want their license renewed. And so there's a delay but we haven't had to revoke to date but we would and we do have the ability to do that.

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ElectedLaura CappsSupervisorProposedvoiceprint 0.892:28:40

I think that's an important message and I along the lines of the meeting last year May 7 on May 17th Again, the lessons learned from audits. Can you can you speak to the reviews that have been happening? What are we learning or can we bring that back at another time because I don't believe it was brought back to The previous board that I've just joined

UnidentifiedUnidentified speaker 19Proposed2:29:01

Thank You supervisor caps We so the treasurer tax collector's office did complete The first phase of a review with HDL and they're moving into a second phase. They are looking at individual operators and reviewing how and whether they've been compliant with the tax ordinance, and they're following up with individual letters to those operators and reaching out around the taxable transfers specifically we had a lot of misunderstanding between it attacks will transfer between a nursery in a cultivation within operation and whether you needed to pay and report a tax on those transfers. And so, those operators were working through that and they're working with those operators as far as individual technical audits I would need to defer to the Treasury Tax Selector's Office to talk about what that will look like in the next steps They're not.

I don't believe they're here today to answer that question, but we can follow up on that. I believe in May on May 17th one of the things we talked about was we could come back with some ordinance amendments to the tax ordinance and to Chapter 50 anything that might help strengthen or clarify what's going on with taxes and so right now we haven't determined that the language needs to change.

It's pretty clear it's just How it was being interpreted or not being followed. And so today, that's what we're doing where we're making sure that everyone understands the language and is following it. And so if there is additional language changes that need to occur, we can bring those back to the board. But at this time, we didn't see a need to make any changes to actual ordinance

ElectedLaura CappsSupervisorProposedvoiceprint 0.892:30:58

Thank you. My final point is just that with revenues being way off, almost 100% off from what was projected, to me that is a wake-up call for changes, a pretty loud and clear one. And I know the intentions were for the revenue. That was the reason for this program. And I'm just questioning what it's living up to and what tools we have within this body, within this board to make the changes to make sure that people are paying their taxes, that we're actually bringing in revenue. And this system, this cannabis industry program that we're running is actually working for more people. Thank you.

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ElectedSteve LavagninoSupervisorProposedvoiceprint 0.812:31:43

Mr. Chair?

ElectedBob NelsonSupervisorProposedvoiceprint 0.922:31:44

Yes, Mr. Lavignia.

ElectedSteve LavagninoSupervisorProposedvoiceprint 0.812:31:46

I'd like to answer some of those things please. So either Misinformation is being put out there on purpose to mislead people or I think there's needs to be more education because some of the things that were said, we're just either not they're just not true. You can't take 30 people that are working in the cannabis program and if we get rid of the cannabis program and take away all the revenue, they're magically going to go work somewhere else in the county. And that's gonna be great. So trying to tell people the taxpayer that we have these 30 people that are kind of wasting time on cannabis but it could be over working in your library or working some other issue in the county is just not true.

If the cannabis revenue goes away, you remove the program. Those 30 people aren't working here anymore. That's just the way it goes. The only people that would still be here would be the Sheriff's Enforcement Program which is how this all got started because we had an illegal market out there and we said, you know what? We gotta bring in some revenue to pay for the enforcement so if you get rid of the program, you still have the problem. You just don't have the revenue to deal with it And so yes, the revenue is down. But guess what? Since 2019, TOT has brought in $49 million to this county.

Cannabis has brought in $43 million to the county. So we're talking about getting rid of a program. I don't remember anybody coming in here in 2014-2013 when TOT was down and going hey maybe we should get rid of the TOT program. No! With 4300 people working at the county, 30 of them are working on cannabis and it's paid for by the cannabis growers. So I think it's.

I don't know, I think we're taking like campaign issues and trying to bring them to board and start changing policy when.

2:33 – 2:4211 turns

CommentMadam ClerkProposed · by introduction2:33:48

We're seeing a lull

ElectedSteve LavagninoSupervisorProposedvoiceprint 0.812:33:50

in, well first off our retail centers aren't even open yet. And we are seeing a lull in the tax revenue but I don't think that's a reason to all of a sudden hey we're going to throw the baby out with the bath water. The problem we had in this county which I expressly pointed out was don't take this is a volatile we didn't know anything about it we still don't know that much about it It's volatile, the revenues are volatile. Sometimes they were way up and we really under that's another thing when revenue was way over on our projections I didn't see anybody coming in and go man we got to add a bunch more people and let's do a bunch more things it's up it's down right now it's down so it's I guess an easy target but let's remember where it's been and where we had projected to go So it's another revenue source almost as strong as TOT And to tell people that these 30 people are kind of wasting their time on cannabis when we could be doing something else with them is just misleading.

ElectedLaura CappsSupervisorProposedvoiceprint 0.892:34:54

Chair Williams,

ElectedBob NelsonSupervisorProposedvoiceprint 0.922:34:55

Supervisor Katz,

ElectedLaura CappsSupervisorProposedvoiceprint 0.892:34:57

Supervisor Lavinia.

ElectedBob NelsonSupervisorProposedvoiceprint 0.922:34:59

Can I can I just for all parties? I just want to remind you that the agendized item is a second quarter budget update. It is not all cannabis policy, that is not what we have agendized so can we try to limit it to the fiscal matters that are right in the report?

ElectedLaura CappsSupervisorProposedvoiceprint 0.892:35:23

Absolutely and Supervisor Lavin you put quite a few words in my mouth I'll Keep it to the agenda item, and I just feel as though this revenue update the fact that the program is Only came in at five million five million dollars And that is about as much as it costs for us to operate. It is a wake-up call and that we need to be looking at changes, no one's talking about ending but we do need to be looking at changes the status quo fiscally Is not working if you had a business We're part of your business and this is a business we are running the taxpayers business here in Santa Barbara County If part of your business was Operating Nearly a hundred percent under what was projected. You would take a serious look at how we can do better That's what I'm proposing

ElectedBob NelsonSupervisorProposedvoiceprint 0.922:36:16

Well, I will just briefly add a couple things to this first I would just wonder I think it's a fair question supervisor caps but it would also be a fair question to then ask you if revenue bounces back on to 7 million or 8 million, whether you will support the program if that logic follows through to whether it's successful as projected. Just something to think about. I don't need an answer immediately but what I do wanna point out also to Supervisor Labadino's point We now have a robust black market enforcement.

Though we have a large share of the legal market, we have a much smaller share of the market overall. It is not just those counties that have permitted legal cannabis that are contributing to the glut. It's a vast black market Controlled by some of the smartest and most nefarious people on the globe, and it's not easy to knock out. We do not will not solve this by just ending legal cannabis because the glut in the market a large percentage of it is the black market I Want to go back to supervisor Hartman's points because I do think, though I don't share her opinion of the pejorative about existing enforcement which I actually think is far more robust than anything that existed pre-program.

I do agree that we need to invest in proactive enforcement and even if that runs the danger of being criticized because then we are using more of the revenue for the actual program The reason is because when there is a point in the market like this, and there are people getting away with black market activity. The danger is the temptation for people who are playing by the rules to stop playing by the rules right?

And so I do think that Supervisor Hartman's point on Proactive enforcement is very very necessary. I do not think it should be We should attempt to get it for the reasons that mr. Frapp well articulated out of permit revenue We should get it at least for the next couple years out of the cannabis tax It is worth it. It's worth an investment to make people stick by the rules. I believe good public policy and Punishes vice and rewards virtue most of the time regulatory environments Often punish virtue ie the people who are paying by the rules and Reward vice by not having good enough enforcement And I think it's just incumbent upon us to make this work and to fight the black market We need a system that punishes vice and rewards for two rewards playing by the rules

UnidentifiedUnidentified speaker 1Proposed2:39:39

Is there any public comment? Chair Williams, I actually have a couple of comments and a couple of questions. I know we're not agendized to talk about the tax and reforming that today but it does seem like this board at some point now that's a new board that we might have that discussion it may be a difficult hill to climb that includes taking those current language back to the voters and that is a pretty huge burden in a cell That might take place if the board wanted to go another direction. It's something I have been interested in the past and I may be interested in the future, but I think that that's a conversation that needs to happen with the board with the community and with the industry to figure out what that looks like.

I just want a more transparent system, you know the gross receipts is very volatile and it's also sometimes hard to understand improve out. And the problem that I think supervisor caps and others have expressed is, it's really hard to understand and And when, you know, industry that is in the past seemed to have been in the gray or the black. It's, you know there's a lack of trust there and I actually would think that a more transparent tax scheme would be benefit to everybody involved it might also create some more consistent revenue projections for the county, because they'd be able to see what is actually being produced out there and be able to look at their numbers and go from there. But again that's a conversation for another time I just wanted to get my position on the record.

And I also wanted to clarify and ask Sureza Hartman, when your question about code enforcement and proactive co-enforcement that was specific to cannabis right? That wasn't across the board because I think that Director Plowman's response to you was kind of looking at what that might look like countywide for all compliance because that's a much bigger discussion.

ElectedJoan HartmannSupervisorProposedvoiceprint 0.782:41:33

It's for cannabis and short term rentals.

UnidentifiedUnidentified speaker 1Proposed2:41:36

Yeah, and those are things that I also support as well. So, um, I just want to put that out there because I don't want this to turn into a massive expansion of our police powers within planning on all enforcement and compliance. So I wanted to make sure I understood where you're coming from. My other question for Ms. Heaton is with the retail cannabis, I know there was so much of a clock once somebody got awarded a license that they had to open at certain period time or get their retail license going because You know, I know that there was a time frame and I mean some of these places aren't even don't have a building yet. I know that's in Los Alamos particular and some kind of curious if any of those projects if they're kind of slowly going through the process now that they feel that they.

They have their awardee of their license and they're not really working towards getting open because maybe they're worried about the market and some of the costs that are involved with that or maybe trying to sell it now that they have this as a, um. I'm going to turn it back over to you.

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2:43 – 2:4818 turns

UnidentifiedUnidentified speaker 19Proposed2:43:07

All of the retail operations have met the deadlines that apply to them. In Los Alamos' case, they need to go to the Planning Commission and my understanding is that is scheduled for April because that is a discretionary permit.

UnidentifiedUnidentified speaker 1Proposed2:43:25

Okay, thank you. And my last question was for Mr Banks within the enforcement side I had some questions I know we're going after the illicit rose but one of my big concerns has always been the illegal delivery services especially those selling to minors. I know that's very robust in our county and I know we had a operation that we did last year to go after one of them these things are very prevalent and I think I would love to see a more significant investment in going after those who are illegally selling cannabis to our kids in our community.

I think that that's always been the biggest concern from anybody on an account, it's been against cannabis and we have this unit there. And I know you guys have done some operations. I really like to see that beeped up over the next year if possible because I think that hurts the market when Or actually, it's creating a new market which creates additional problems. And so I'm just curious on where you guys are at with legal deliveries and going after sales to minors?

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UnidentifiedClerk of the BoardProposed · by role2:44:29

Yes, Supervisor Nelson through the chair. I would say over half of our enforcement actions right now are targeting the legal street deliveries and specifically we had several cases last year involving the sale to minors. So I want to say off top my head 4 to 5 last year that we identified a dealer that sold to a minor. It is also a major area of concern for us and we do spend a significant amount of time looking into those cases.

UnidentifiedUnidentified speaker 1Proposed2:45:04

Well, thank you Sergeant Bakes. I think it's really important for everybody here and to know that I think that gives thank you for the work you guys are all doing in protecting our children and keep up the good work.

UnidentifiedClerk of the BoardProposed · by role2:45:16

Thank

UnidentifiedUnidentified speaker 1Proposed2:45:16

you.

UnidentifiedUnidentified speaker 2Proposed2:45:20

Chair Williams, just for some clarification. You've mentioned, you and several board members, Supervisor Nelson mentioned TOT compliance. I just wanted to remind the board in our board letter before you Mr. Clementi points out that your board did adopt and fund a TOT compliance position in the Treasury Tax Collector's Office in this current budget year to perform proactive audits.

And I believe they've been able to purchase software so far to assist in this. So your board had the wisdom to do that for this current year?

ElectedSteve LavagninoSupervisorProposedvoiceprint 0.812:45:49

I have a question about that as well. Thank you, so if I wanted to get a report to list the top 10 TOT folks that are paying tax or they're not paying tax would I be able to get that information as well?

UnidentifiedUnidentified speaker 18Proposed2:46:08

Supervisor Lafagnino through the chair, I don't believe so no. So it's also an opaque system

ElectedSteve LavagninoSupervisorProposedvoiceprint 0.812:46:18

For good reason, right? So because they're competitive.

CommentMadam ClerkProposed · by introduction2:46:20

Yeah exactly.

ElectedSteve LavagninoSupervisorProposedvoiceprint 0.812:46:21

Okay there's a reason. So it's the same TOT as it is in cannabis okay thank you

ElectedBob NelsonSupervisorProposedvoiceprint 0.922:46:27

Yeah, my understanding is the treasurer tax collector has those records but they are protected by privacy like all taxpayers just like you. You can't I can't ask somebody's for a copy of somebody's taxes from the IRS just like that it's protected by the same protections that that is. Do we have any public comment on this item?

UnidentifiedClerk of the BoardProposed · by role2:46:54

Chair Williams and members of the board we have no request to speak

ElectedBob NelsonSupervisorProposedvoiceprint 0.922:46:58

And can I get a motion?

ElectedSteve LavagninoSupervisorProposedvoiceprint 0.812:47:03

Staff recommendation.

ElectedJoan HartmannSupervisorProposedvoiceprint 0.782:47:04

Hartman seconds

ElectedBob NelsonSupervisorProposedvoiceprint 0.922:47:06

and I oh, I was going to just agree with Supervisor Nelson's worries about delivery. You might remember when we started this process, I tried to ban delivery which the board was ready to do but the state has preempted that. I'm worried about the level of regulatory Oversight we have over delivery. It doesn't mean that there aren't folks doing delivery Legally, they're probably there is but we just don't know it because we don't have the Regulatory oversight over delivery the state does and I'm not sure that it's sufficient so I do encourage our campus enforcement team to where possible make sure that Basic criminal laws are not being broken Roll call, please.

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2:48 – 3:034 turns

UnidentifiedUnidentified speaker 2Proposed2:48:20

Supervisors as our staff is preparing for D2 in Santa Maria, which is an item on Rhodes fiscal review I was remiss to open up this last one by just announcing that Paul Clemente is our new budget director So we want to congratulate Paul. He was promoted and So Paul, Nancy Anderson is still having general oversight. So she's still involved but Paul Paul is the new Nancy and Nancy was a new Jeff and Jeff was the new Tom so just a long line of succession, so Congratulations again to Paul, but that's why we wanted to let you know Paul was presenting these these items

CommentMadam ClerkProposed · by introduction2:48:55

Thank You Mona

UnidentifiedClerk of the BoardProposed · by role2:49:03

Chair Williams and members of the board, departmental item number two is from the county executive office. It is a hearing to consider recommendations regarding roads fiscal review and long term funding options.

UnidentifiedUnidentified speaker 18Proposed2:49:19

Thank you, Chair Williams and members of the board. Paul Clemente again to present on the roads fiscal issues and long-term funding options with me is Chris Sneddon, and I believe Julie Hagen is down in Santa Barbara from the Public Works Department. I would just like to take a second to thank them and their staff for their work with our office over the past few months on this item. It was a collaborative effort and they met with us many times answering all of our questions and providing their input on our final recommendations you're going to hear today.

Next slide please. So, for today's presentation I'll provide a brief overview of the issue we're discussing as well as some background on the major funds in the transportation division and then dive a little deeper into the roads operations fund and the drivers or the budget gap and then close it out with staff recommendations. Over the past several budget cycles, Public Works has indicated a growing gap in the Roads Operations Fund 15 between the cost of ongoing operations and the ongoing revenue available to fund it. To maintain status quo operations, the department has been utilizing fund balance in Fund 15 which reduces availability for things like project cash flow needs and emergency reserves.

Recommendations will be to increase both Measure A dollars and general fund contribution going to Fund 15. So I'll provide a little background on the three major operating funds in the Transportation Division, as well as a more minor Measure A pass-through fund. The Roads Operations Fund is Fund 15 and conducts ongoing maintenance of roads, sidewalks, trees, bridges and more, in addition to among other things traffic studies, transportation planning and encroachment enforcement, as well as administration of the division.

Fund 16 is the capital maintenance fund, which includes in house work and contracted projects to address deferred maintenance across the transportation network including pavement preservation and rehabilitation drainage and bridge repairs and traffic safety improvements. Fund 17 is the capital infrastructure fund, which improves and expands the transportation network including bridge replacements new transportation facilities and major asset repair and replacement.

Fund 18 is a holding fund that passes measure a dollars through to the other 3 funds and then retains unspent measure a dollars in fund balance for future use. This trend chart shows the total sources of revenue actuals for the past 5 years of those funds we just discussed, which includes use a fund balance. We see relatively flat sources and blue fund 15 over the period while the increases we see in the orange fund 16.

The budget for the fiscal year 2020 and 2021 are driven both by one-time amounts such as receipt of SoCal Edison settlement dollars in fiscal year 1920 and higher usage of fund balance on projects in fiscal year 2021, as well as increasing ongoing sources. SB $1 and 18% general fund dollars to fund 16 combined for a net The large spike we see in the gray fund 17 and 2122 is mostly the infusion of federal dollars for the highway bridge program, which increased about 14Million dollars from the year before as well as added general fund dollars to the fund. Which totaled about 5.5Million.

About four and a half million of that was temporary general fund loan to help with cash flow on the Floridale bridge project, which will come back to the general fund once the project is complete. There's also $1,000,000 provided from the General Fund specifically from cannabis tax revenue to fund the local match portion of the Florida bridge project. The fund 18 amounts we see in yellow at the bottom there is the Measure A funding that was not passed through to these other funds but remained unspent and was used to increase the fund balance in that fund. There's about $6.3 million in Measure A fund balance today.

This slide is just another look at the 2122 sources and how they flow across the funds. It looks complicated. It's kind of supposed to, it sort of illustrates the various revenues coming in and the funds that they flow too. So we can see there's a wide variety of sources that go to Fund 15, which is the orange and then Fund 16 in pink. While 17, which is that grayish blue color was almost entirely the federal dollars and general fund loan I spoke about on the prior slide.

You can see the roughly half of Measure A went to Fund 15 and 21-22 small portions to 16 and 17 and then a substantial flow about 3.8 million to Fund 18 where it was fund balanced. State revenue going to 15 is mostly highway user tax or who $2 and 16. It's specifically the SB 1 dollars for road maintenance and rehabilitation. The general fund dollars we see they're going to fund 16 is the 18% for deferred maintenance.

So, we'll dive a little deeper into fun 15 fiscal details and the issues they're facing there. The ongoing operations in fund 15 have 3 major revenue sources. 1st, we'll talk about here is measure a which we saw on the prior slides is utilized to some extent across all the funds. We've been talking about but primarily and fun 15. It's a flexible funding source derived from a local half percent sales tax distributed by SBCAG with the county share split between North and South County.

A minimum of 10% must be used towards alternative transportation. Eligible uses include maintaining, improving and constructing roadways, bridges and bicycle and pedestrian facilities, storm damage repair to transportation facilities as well as using for matching funds for state and regional programs and projects. So there's qualifying uses across all three of the major funds.

Public Works brings the Measure A program of projects to your board each spring, recommending allocations on planned projects and programs for the coming fiscal year. Their typical recommendation over the past five years has been $6 million of Measure A to fund 15 for operations with any remainder budgeted in the other funds. This is a five-year trend of Measure A across all funds with the budget amounts in blue and then actuals in orange. As we can see, the budgeted amounts have been kept fairly flat averaging about $6.8 million budgeted across all funds for the past five years with again the majority at $6 million in Fund 15.

Over the same period, actual Measure A receipts have grown 35% to almost $9.8 million by fiscal year 21-22. And again this is a sales tax measure we've seen that growth in the past couple years and all of our sales tax derived revenues. As mentioned funds that come in an excess of budget are deposited in fund balance which the department then typically uses for future projects and funds 16 and 17. Over the past five years this balance has grown from 700,000 to 6.3 million HOODA and general fund contribution are the other two significant sources of revenue for their operations in Fund 15. HOODA is a state revenue derived from gas taxes, and can be used not only on the construction improvement and maintenance of public streets and highways but also on the administrative costs incurred for those uses.

So HOODA can be used on administrative costs in the fund that Measure A cannot. However actual HOOTA receipts have only risen about 6% or $600,000 over the past five years The GFC has stayed almost completely flat at just under $2 million for the same period as the standard GFC allocation methodology only allocates growth to cover salaries and benefit increases, and only in the same proportion that GFC is to total sources in the fund.

In fund 15, GFC is less than 10% of their total sources. So even if salary and benefits have been growing by hundreds of thousands a year, GFC only grows by tens of thousands. This methodology is allocated the same across all departments and funds that receive GFC. And it anticipates that other operating revenues make up the difference but as we've seen in this fund those have remained flat.

Permit fees are a more minor source of revenue totaling about $460,000 in 21-22 but important to understanding a piece of the budget gap. Permits are issued for work done in the public road right of way and they fund staff time for processing plan checks and inspections They were last updated in 2011, but Public Works is returning in the coming months with an update that will seek full cost recovery which they estimate could add an additional $450,000. Public works will provide the specifics of their fee study and proposed fee increases when they return to the board in the coming months.

So, this slide shows the ongoing operations revenues and expenditures in the fund for the 5 year period revenues in orange and expenditures and blue. Major drivers and expenditure growth include liability insurance, which has doubled from 700,000 and 1718 to 1.4Million dollars in 2122. Salaries and benefits increased 1.1 million dollars, and charges for the countywide cost allocation plan increased $500,000 over this same period.

As noted on the prior slides revenues to cover these increases remained mostly flat. The decreases we see in both expenditures and revenues and 2122, and expenditures are due to a dip of a couple million dollars for expenses like equipment purchases and things that fluctuate from year to year. So they had some higher years in 1920 and 2021. We're seeing that come back down in 2122.

Um, the dip in revenues and 2122 is due to both a loss of some 1 time state funding that came in 2021. that wasn't there in 2122 as well as the department pulling about 2Million dollars less of measure funded to fund measure revenues into fund 15 than in the prior year due to some funding constraints tied to how the department performed work across districts in 21220.

This chart shows just the ongoing costs and ongoing revenues. Fund 15 as a whole has to balance each year, and so it balanced these gaps that we see in the last three years using one-time sources such as higher than anticipated charges for work that staff did in other funds, fund balance draws or in fiscal year 2021 using 18% funding to offset COVID losses and HUDA and other revenues.

Moving on to the staff recommendations. Recommendation one is to adopt a budget policy that says in an effort to eliminate this budget gap, Measure A should be budgeted at fully anticipated amounts primarily in Fund 15 while continuing to maintain programs and project matches in the other funds. Unanticipated revenue above budget should be recognized and allocated during the year including to Fund 15 if necessary to mitigate any mid-year issues This policy should help fund 15 stay in balance by growing its allocation of Measure A dollars to keep up with operating costs while maintaining flexibility for use in the other funds. It is not prescribing a set dollar amount or set percentage that must go to Fund 15, but does allow Public Works to grow the funding to Fund 15 beyond the flat $6 million from the prior years.

If we recall the Measure A budget versus actual chart on slide 10 and the surplus that exists between them, we think there is availability of unallocated funding there that can be budgeted into Fund 15 next fiscal year. It wouldn't require any reallocation of Measure A dollars that are currently budgeted in other funds or use of the Measure A fund balance. Recommendation two is to increase general fund contribution by $1 million in the fiscal year 23-24 budget, recognizing that administrative costs such as liability rates have had substantial increases over the past five years mostly due to market factors outside the department's control. While HUDA, a revenue source that can be explicitly used for administrative costs has remained flat.

In this situation, it would be appropriate and within existing budget development policies to provide additional GFC to cover these increases and avoid service level impacts in the department. This would represent about a 50% increase in GFC to this fund from just under $2 million to close to $3 million and was considered a likelihood when we prepared our five-year forecast in the fall so would not have any unanticipated impacts on our current 23-24 budget development.

Finally, the third recommendation is more informational. It's simply to consider the permit fee increases when Public Works returns in the coming months. Your board will hear more specifics and make your decision at that time on the fees. We just note that existing policy directs departments to seek full cost recovery in their charges and fees, and that annual increases should be included as is done with fees in other departments to keep up with cost escalation over time. Again, the department projects this could add about $450,000 to their current revenue stream.

Just to touch briefly on alternatives to these recommendations. The, the department cannot continue to have operating costs that exceed their revenues in this fund without draining fund balance to the point of depletion in the next few years. Reducing ongoing costs to match revenues would be a necessity with service level impacts such as elimination of tree maintenance contracts, stopping regularly scheduled replacement of facilities and equipment and only replacing things as they experience failure. And reducing the amount of materials purchased for annual maintenance work. This would create immediate cost savings in the fund but would increase longer term liability costs as well as deferred maintenance needs.

The alternative to cost reductions would be increased revenue. If more Measure A dollars are not directed to Fund 15 and costs aren't reduced, then additional GFC beyond the recommended $1 million could be allocated to close the gap. Higher amounts to Fund 15 were not considered in our five-year forecast or the projections we've been working on for the 23-24 budget and would thus preclude other projects and priorities that may be funded in the 23 24 budget and would further exacerbate the deficits projected in the out years of the forecast period.

So just turning back to the recommended actions, we have them up on the slide and I'll just recap staff recommendations are establishing a budget policy related to Measure A funding. Increasing GFC to fund 15 in the 23-24 budget and having the department return to the board for consideration of permit fee increases in the

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3:03 – 3:0911 turns

CommentMadam ClerkProposed · by introduction3:03:58

future.

ElectedBob NelsonSupervisorProposedvoiceprint 0.923:04:07

Thank you. Do board members have questions? We'll start with Santa Maria and I thought that I heard Supervisor Nelson there.

UnidentifiedUnidentified speaker 1Proposed3:04:15

Yes, thank you Chair Williams. Great presentation, thank you. I'm in favor of the allocation of the additional million dollars towards this fund. I had a question about other revenues streams that we might be able to look at to address some of these concerns. The cost recovery model, you know when we go through a cost recovery and through our permitting process. We ignore the fact that part of the reason why we have people get permits is to protect the general public and part of what those that's where our taxes are probably taxes should be going towards. And when we put that burden completely on the applicants, we get more and more or actually less and less compliance with people not willing Changes the dynamic of the relationship with, um.

The departments and and the applicants when it's all on based on hourly service, you know, we've seen some issues with that with planning and other departments is that those increases happen to pass but I also understand that maybe franchise fees might be something that we could look at in the future and making sure that those franchise agreements that we have for those people using our right away. Just part of the purview of public works that does, you know, I understand we get some revenue from that. And that might be something that we look at eventually moving that towards the road fund and making sure that we maintain the infrastructure in those places. So, um, I know that's not part of this discussion now but if we go down the route of looking at under other rocks including permit fee increases that we should also be looking there as well.

UnidentifiedUnidentified speaker 18Proposed3:05:57

Thank you, Supervisor Nielsen. We can look at that I will note that I believe franchise fee revenue is another one of those sources we talked about in 991 and the prior item it's all part of the general fund dollars currently right now I believe it's a few million dollars that comes in but we can take a closer look at that but I believe it's all part of the GFC we're discussing we could carve more out but it would be GFC

UnidentifiedUnidentified speaker 1Proposed3:06:21

Yeah, for me to understand a little bit better I like to have that. And you know are those being maximized? There's a lot of providers that are providing services to our constituents that are often And I know other jurisdictions have been able to maximize that for the benefit of maintaining that right away. It's not necessarily just a tax to charge them more, but we are obviously underfunded in these areas and as they get to receive those benefits.

I'm very curious on how that will work out. Increase permit fees, especially at the kind of end level user. You know I know some of our bigger operators can absorb those costs but I know that a lot of our mom and pops and small businesses it might be further burden that I would have heartburn putting upon them.

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ElectedSteve LavagninoSupervisorProposedvoiceprint 0.813:07:35

Mr. Chair, I have a question. Thank you. I just want to make sure that this flexibility that we're looking for in measure is consistent with the language it was in measure a, that the folks voted on.

UnidentifiedUnidentified speaker 18Proposed3:07:50

Yes, I believe it as I'll look at Mr and verify.

UnidentifiedUnidentified speaker 22Proposed3:07:54

Supervisor Lavanino through the chair. So yes, it is we would be specifically still tracking Measure A separately in the North County and South County so that's one requirement. The second requirement is that you spend 10% on alternative transportation so we'd continue to do that in both the North and South County. And then the third requirement is that it be used for eligible uses and there's a list of eligible uses so we'd still be tracking expenditures to make sure they're eligible uses.

ElectedBob NelsonSupervisorProposedvoiceprint 0.923:08:24

Thank you. Any other questions from North County? Any questions from South County? I wanted to make sure there was one thing that didn't slip past us in your presentation, you were discussing the Measure A fund balance what is that at this point?

UnidentifiedUnidentified speaker 18Proposed3:08:53

Chair Williams, the current Measure A fund balance is about $6.3 million that is unallocated.

ElectedBob NelsonSupervisorProposedvoiceprint 0.923:09:00

And how has that fluctuated over the past few years? Is that up or down? How much is that up or down? How much has been sitting there for... That can kind of help take the edge off of this issue?

3:09 – 3:144 turns

UnidentifiedUnidentified speaker 18Proposed3:09:22

So chair Williams, it was about $700,000 in 17-18. It has grown to 6.3 million dollars. It's generated by the surplus each year that comes in over budget so it is a one time source. This isn't a piece that we are recommending on an ongoing basis being used to cover the gap because it is one time in nature but It is that growth in Measure A actuals coming in, that we believe there's room to increase their budget in 23-24 to help Fund 15 without needing to touch the fund balance at which they typically use for kind of a one time projects that we see in 16 and 17.

ElectedBob NelsonSupervisorProposedvoiceprint 0.923:10:10

Well I want to make the point that though I agree with the fact that it doesn't solve a long-term need that roads is one of the few places where it's pretty safe to use one time expenditures to deal with a budget issue because you're not hiring a bunch more people that you would then have to fire. So, I agree with staff recommendations including putting more general fund in but I do think that this is Especially since this fund balance barely existed four or five years ago, that this is fair game for the department to use to maintain our streets and roads. So I support the recommendations but I also think that it's important to use the money we have at the department's disposal.

Do we have a request to speak?

UnidentifiedClerk of the BoardProposed · by role3:11:17

Chair Williams and members of the board, we have one request to speak. We will go to Mark Chatillo via Zoom.

CommentMark ChatilloProposed · by introduction3:11:27

Good afternoon members of the board this is Mark Chatillo speaking on behalf of the Committees for Land, Air, Water and Species. And while our organization does recognize the importance of roads and capital and preventative maintenance programs We would like that there be a comparable amount of attention paid to bike and alternative transportation facilities.

The bike lanes in Santa Barbara County, many cases are not well maintained. The surface condition is similarly degraded vegetation management especially this time of year encroaches upon the road width and there is specifically a need for expansion of the network and of individual trail legs I do want to note to staff that in response to the board's question, that Measure A's alternative transportation allotment is a floor not a ceiling. And we do strive for a larger portion of those funds to be set aside and used for alternative transportation projects. And I would note that those actions which do expand or improve Or increase the amount of road traffic with, with the improvement of roadway conditions to also increases greenhouse gas emissions.

As well as increases the emissions of toxic particulate matter from brake and tire wear that are have been known for a long time but are becoming more clear with additional studies. It's our hope that the board would direct staff to also look at the importance of safe alternatives, alternative transportation. Using the roadway infrastructure to provide additional facilities and additional capacity for alternative transportation.

We've made some progress throughout the county in improving alternative transportation with the unmet transit needs process at SB CAG. And I appreciate the leadership of the board on that. We're still waiting for the train to join the lane on Highway 101. The expanded Highway 101 is not going to provide the capacity that our community needs. The modeling shows that there will be future traffic congestion even with the additional lane, and so there is a need for additional board leadership on alternative transportation.

And apropos of this item, to expand the bike network With the advent and expansion of e-bikes, there's now considerably increased range in the enhanced viability of e-bikes as alternatives to single occupancy vehicles. As well as the importance of pedestrian facilities and the need to integrate housing alternative transportation facilities and maintenance so that our community's quality of life and transportation options continue to be robust as we move forward.

So we do ask the board to direct staff to include these alternative transportation components in the analysis and the recommendations as they go forward. Thank you, Mr. Chair.

3:14 – 3:1611 turns

UnidentifiedClerk of the BoardProposed · by role3:14:38

Chair Williams and members of the board, we have no further requests to speak.

ElectedBob NelsonSupervisorProposedvoiceprint 0.923:14:44

Any comments from board? I'll just agree with Mr. Chatillo that those are excellent points, we still have many mobility projects, bike pedestrian projects out there to do and I think transit's in an interesting time. They lost ridership during the pandemic they have the potential to recapture ridership but to do so requires you Expand money to improve service at a time when your fare box is smaller and it's so it's I do think that it's an important thing for the board to be Involved in how we are part of those solutions The the in the past, we've been part of those solutions with more bus shelters more other amenities that help right help ridership And I encourage the department to bring us other ideas that are outstanding.

We will now recess to closed session. Do we have? Oh, we need a motion. That's right.

ElectedLaura CappsSupervisorProposedvoiceprint 0.893:15:55

Chair Williams, I am happy to move approval of staff recommendations for funding measures in items A through D.

ElectedSteve LavagninoSupervisorProposedvoiceprint 0.813:16:02

I second.

ElectedBob NelsonSupervisorProposedvoiceprint 0.923:16:03

Sorry Julie, I didn't mean to give you a hard attack there. Motion. For

UnidentifiedUnidentified speaker 1Proposed3:16:09

discussion

ElectedBob NelsonSupervisorProposedvoiceprint 0.923:16:09

real quick? Yes, Supervisor

UnidentifiedUnidentified speaker 1Proposed3:16:11

Nelson. Chair Williams, I'm going to go ahead and support this motion. I do have some hesitation about the future permit fee increases but that's for another hearing. I guess this can be visited at this point so I'm willing to support it being looked at but that does not signal that I'll be supporting that in the future. Thank you. Thank you. Roll call please.

UnidentifiedClerk of the BoardProposed · by role3:16:32

And Chair Williams, just to clarify that was a motion by Supervisor Kaps and the second by Supervisor Labanino?

ElectedSteve LavagninoSupervisorProposedvoiceprint 0.813:16:38

Correct.

Roll-call vote Passed 5–0 Moved by Kaps · Seconded by Steve Lavagnino motion by Supervisor Kaps and the second by Supervisor Labanino? Correct. Wonderful.
Show transcript
Wonderful. Supervisor Hartman? Aye. Supervisor Kaps? Aye Supervisor Nelson? Aye Supervisor Labanino? Aye Chair Williams? Aye
UnidentifiedClerk of the BoardProposed · by role3:16:49

Motion passes unanimously

3:16 – 3:473 turns

ElectedBob NelsonSupervisorProposedvoiceprint 0.923:16:51

We will recess to closed session Rachel can you give us a preview of what we are going to work on

CommentLaguna Sanitation'sProposed · by introduction3:16:58

Thank you, Mr. Chair and members of the Board. We have one item of existing litigation, Michelle Crane v. County of Santa Barbara. It's a Santa Barbara Superior Court case. And we also have Conference of Legal Counsel anticipated litigation. It is significant exposure to civil litigation, one case based on the facts and circumstances listed in the agenda. I believe we can do these items fairly quickly as long as we're ready to go in the next five minutes.

ElectedBob NelsonSupervisorProposedvoiceprint 0.923:17:28

Thank you. Then we will be back at a quarter till. We are back from closed session. County Council, can you report out from closed session? Can you hear us in the North County?

3:47 – 3:482 turns

CommentLaguna Sanitation'sProposed · by introduction3:47:59

Thank you Mr. Chair, members of the board. The board met in closed session on two items one item of existing litigation Crane versus County of Santa Barbara and one item of anticipated litigation significant exposure to civil litigation based on the facts and circumstances in the agenda and the board took no reportable action

ElectedBob NelsonSupervisorProposedvoiceprint 0.923:48:19

thank you we will adjourn to March 21st in Santa Barbara