Board of Supervisors — 2023-06-06June 6, 2023

Switch meeting
BodyBoard of Supervisors
MeetingRegular Meeting
Date📅 June 6, 2023

Click any transcript line to jump the video there.

Meeting Summary

  1. PendingQueued for transcription.
  2. AIYou are hereAuto-transcribed and summarized; not yet human-verified.
  3. VerifiedReviewed and corrected by a person.

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

This summary was AI-generated to save you time. It may miss or misstate details, so verify against the official recording and the transcript.

At a glance

Executive Director’s Report

  • The report highlighted the county’s partnership with United Way, which distributed $36 million in rental assistance to approximately 3,700 families during the pandemic.
  • The county received a "Next Century of Service" award in recognition of this partnership.

Agenda Balance and Trailing Items

  • The board approved the balance of the agenda and agreed to trail item A18 and an additional closed session item.
  • Item A38 was noted as being pulled by the public for later consideration.

Ballot Measures and Transparency (A9)

  • The board debated the cost and transparency implications of printing supporters and detractors for local ballot measures.
  • Staff estimated costs could range from hundreds of thousands to multiple hundreds of thousands of dollars, noting the opt-out applies only to local measures.
  • The item was deferred to the June 27 agenda to allow time for decision-making before the March 5 primary.

Bidding and Contractor Relations (A16)

  • The board discussed the importance of fiscal vigilance and pushing back in bidding environments to signal oversight to contractors.
  • The item was approved following the discussion.

Revision Requests (A22)

  • The board approved the balance of revision requests associated with item A16.
  • The board also approved item A22 regarding additional revision requests.

Cost Recovery and Fairness (A41)

  • The board discussed the importance of full cost recovery to ensure fairness between incorporated and unincorporated areas.
  • It was noted that the current cost calculation did not include the pro rata share of department overtime needs.
  • The extension was approved.

Emergency Response Resolution (A53)

  • A resolution was discussed honoring the county's tradition of responding to emergencies and operating under pressure.
  • The resolution was approved.

Retirement Exclusion Waiver (Departmental Item 1)

  • The board held a hearing to consider a waiver of retirement exclusion for a specific employee.
  • The waiver was approved.

Ambulance Service Ordinance (Departmental Item 2)

  • Staff presented the first reading of an ordinance to establish a non-exclusive ambulance service system based on permits, replacing the current exclusive provider model.
  • The new system would issue permits for EMS calls, inter-facility transfers, and special events, with the Board of Supervisors holding ultimate approval authority.
  • Staff outlined a timeline to have new providers operational by March 1, 2024, and a second reading hearing is set for June 20.
  • The board approved staff recommendations A through C, including the introduction of the first reading.

Capital Improvement Plan (Departmental Item 3)

  • Staff presented the annual five-year capital improvement program, highlighting $142.47 million in proposed projects across General Services, Public Works, and Parks.
  • Key projects included the PSRN project, MODOC multi-use path, Santa Monica Debris Basin, and energy efficiency initiatives.
  • The board discussed prioritizing projects to balance new facilities with deferred maintenance and energy efficiency.
  • The detailed five-year capital improvement plan was received and filed, and the recommendations were approved.

Solid Waste Tipping Fees (Departmental Item 4)

  • Staff proposed FY 2023-2024 rates, including a 3.5% increase in franchise solid waste and recyclables tipping fees and a 5% cap on CPI adjustments for hauler collection rates.
  • The per-ton processing fee paid to MSB Investors LLC would increase from $13.18 to $42.96.
  • Overall residential and commercial rates are expected to increase between 3.5% and 5% depending on the service area.
  • The proposed rates were approved.

Flood Control Benefit Assessment (Departmental Item 5)

  • Staff presented a proposed 3.65% increase in benefit assessment rates, noting that 2023 storms significantly depleted reserve balances in specific zones.
  • The South Coast reserve was reduced by approximately 80%, highlighting the need to maintain reserves for emergency response and capital projects.
  • The board approved the recommended actions on the board letter, with a second reading set for June 27.

Subdivision Map and Document Review Fees (Departmental Item 6)

  • Staff presented a fee schedule update for the Surveyor Division, noting current fees recover only about 51% of actual costs.
  • The proposal recommends full cost recovery for most fees, with exceptions for residential driveways and tree trimming to encourage proper permitting.
  • The proposed changes would increase revenue by an average of $638,000 annually.

Encroachment and Excavation Permit Fees (Departmental Item 7)

  • Staff clarified that these fees are for cost recovery of encroachment permits, not rental fees, and that unrecovered costs are subsidized by the road fund.
  • Lower fees for items like driveways and tree trimming are intended to incentivize proper permitting and safety.

Cannabis Taxation Compliance (Departmental Item 8)

  • The board reviewed the third-quarter report, noting that acreage caps in inland and Carpinteria areas have been reached or exceeded.
  • Enforcement actions resulted in the seizure of over 2,600 pounds of dried product with a street value of $3.4 million.
  • Tax collection is projected to show a negative variance from the adopted budget due to market oversupply and operator attrition.
  • The board directed staff to amend Chapter 50 to strengthen penalties for late filing and non-compliance.

Compensation Addition (A43)

  • The board discussed the addition to item A43 regarding compensation.
  • The addition was approved, and the clerk was directed to write the compensation into the board.

Budget Revision Requests (Administrative Item 16)

  • The board reviewed budget revision requests, including a $150,000 cost for interior signs and drywall repair.
  • One supervisor expressed concern over the cost but agreed to include it in the general motion.
  • The revision requests were approved as part of the broader agenda items.

Land Donation and Acquisition (Administrative Item 23)

  • The item involves the donation of approximately 77 acres and the acquisition of approximately 24 acres in an unincorporated area.
  • Public comment was provided by Ken Owen and Mark Shatillo.

Homeless Death Review Team Report (Administrative Item 33)

  • Staff presented the Homeless Death Report for 2019 and 2020, noting an increase in deaths compared to 2018, primarily due to substance abuse or alcohol.
  • Recommendations included better coordination, identification of homeless individuals, and a shared database.
  • Supervisor Capps emphasized the importance of the report in the context of the county's efforts to tackle homelessness.

Emergency Response Actions (Administrative Item 38)

  • The item concerns emergency response actions from flooding and storms, requiring a four-fifths vote.

Law Enforcement Services Agreements (Administrative Item 41)

  • The board discussed a third amendment to contracts with the cities of Buellton, Carpinteria, Goleta, and Solvang.
  • Concerns were raised regarding the county’s understaffing and the high cost of overtime to fulfill contract city services.
  • Staff confirmed that minimal services would still be provided if the contract is not renewed.

Amateur Radio Month Resolution (Administrative Item 53)

  • The resolution honors amateur radio operators for their service during emergencies and their commitment to community service.
  • The resolution was adopted.

Employee of the Month Resolution (Administrative Item 54)

  • The resolution recognizes Susan McKenzie of the Office of County Council for her work on federal contracts, emergencies, and healthcare questions.
  • The resolution was adopted.

Closed Session

  • The board met in closed session to discuss anticipated litigation, existing litigation, labor negotiations with SEIU Local 620, and public employee performance evaluations.
  • The board took no reportable action.

Full summary

Agenda Item: May 16 Minutes

  • Discussion: None recorded.
  • Motion: A motion was made and seconded to approve the minutes.
  • Decision: Passed.

Agenda Item: Executive Director’s Report

  • Discussion: The report highlighted the county’s partnership with United Way, noting the distribution of $36 million in rental assistance during the pandemic, which assisted approximately 3,700 families. The county received a "Next Century of Service" award for this partnership.
  • Motion: None.
  • Decision: N/A.

Agenda Item: A23 and A33 (Pulled for Highlighting)

  • Discussion: These items were pulled from the agenda for highlighting purposes. A23 involved the final steps of an acquisition related to housing and recreation space, noting Santa Barbara County’s high per capita acreage of parkland. A33 was discussed briefly.
  • Motion: A motion was made and seconded to approve the highlighting of these items.
  • Decision: Passed.

Agenda Item: Balance of Agenda and Trailing Items

  • Discussion: The board discussed the remaining agenda items, including A9, A16, A22, A38, and A41. A38 was noted as being pulled by the public. The board agreed to trail A18 and an additional closed session item.
  • Motion: A motion was made and seconded to approve the balance of the agenda and trail A18.
  • Decision: Passed.

Agenda Item: A9 (Ballot Measures/Transparency)

  • Discussion: The board discussed the cost and transparency implications of printing supporters and detractors for local ballot measures. Concerns were raised regarding the length of the ballot due to the number of state measures and the potential cost burden. There was debate on whether to opt-in or opt-out of the transparency measure. Staff clarified that the opt-out applies only to local measures, not state measures, and estimated costs could range from hundreds of thousands to multiple hundreds of thousands of dollars. Staff noted the board has the option to reverse the decision in the future. A speaker addressed the Chair regarding the opt-out provision, noting that if the board decides not to opt out immediately, the matter could be brought back to the board or raised at a later date. The speaker indicated that the next primary is scheduled for March 5th and stated that the decision needs to be made well before that date.
  • Motion: A motion was made and seconded to place the item as a "D as a D" item on the June 27 agenda.
  • Decision: Passed (Item deferred to a future agenda).

Agenda Item: A16 (Bidding/Contractor Relations)

  • Discussion: The board discussed the importance of fiscal vigilance and pushing back in bidding environments to signal to contractors that the board is paying attention.
  • Motion: A motion was made and seconded to approve the item.
  • Decision: Passed.

Agenda Item: A22 (Revision Requests)

  • Discussion: The board discussed the balance of revision requests. An abstention was noted regarding other requests.
  • Motion: A motion was made and seconded to approve the balance of the A16 revision requests.
  • Decision: Passed.
  • Motion: A motion was made and seconded to approve A22.
  • Decision: Passed.

Agenda Item: A38 (Pulled by Public)

  • Discussion: The item was pulled by the public.
  • Motion: A motion was made and seconded to approve A38.
  • Decision: Passed.

Agenda Item: A41 (Cost Recovery/Fairness)

  • Discussion: The board discussed the importance of full cost recovery for fairness between incorporated and unincorporated areas. It was noted that the cost calculation did not include the pro rata share of department overtime needs.
  • Motion: A motion was made and seconded to approve the extension.
  • Decision: Passed.

Agenda Item: A53 (Resolution/Tradition)

  • Discussion: A resolution was discussed regarding a proud tradition of responding to emergencies and operating under pressure, referencing historical context.
  • Motion: A motion was made and seconded to approve the resolution.
  • Decision: Passed.

Agenda Item: A44 (General Public Comment)

  • Discussion: Public comment was taken on items not on the agenda. One speaker discussed issues with a neighbor and hearing aids.
  • Motion: None.
  • Decision: N/A.

Agenda Item: Departmental Item 1 (Waiver of Retirement Exclusion)

  • Discussion: The item involves a hearing to consider a waiver of retirement exclusion for Michael [Name Redacted].
  • Motion: A motion was made and seconded to approve.
  • Decision: Passed.

Agenda Item: Departmental Item 2 (Ambulance Service/Permits)

  • Discussion: Staff presented the first reading of an ordinance repealing and replacing Chapter 5 of the Santa Barbara County Code to establish a non-exclusive ambulance service system based on permits. The current exclusive provider, AMR, has a contract expiring in March 2024. The new system would issue permits for EMS calls, inter-facility transfers, and special events. The Board of Supervisors would be the ultimate authority in approving or denying permits. Staff outlined an aggressive timeline to have new providers operational by March 1, 2024. A correction was noted regarding the definition of ambulance services to include all of the county, not just unincorporated areas.
  • Questions/Comments: Supervisors asked about the prioritization of projects, the status of the 50A tax, and the equitable distribution of ambulance services across the county. Staff confirmed that the county is responsible for inter-facility transfers and that the permit process would ensure balanced service. Public comment was provided by Andy Caldwell of CoLab, who criticized the shift from an exclusive to a non-exclusive ambulance contract model, stating that no independent financial analysis was conducted to determine if the county could support two providers. Staff responded that the incumbent provider is expected to apply for a permit and that all three permit types are set up as county-wide services requiring a deployment plan for the entire county.
  • Motion: A motion was made and seconded to approve staff recommendations A through C, including the introduction of the first reading of the ordinance.
  • Decision: Passed.
  • Next Steps: A hearing is set for June 20th to consider the second reading and adoption.

Agenda Item: A18 (Trailed Item)

  • Discussion: This item involves adding a regular meeting on June 20, 2023, in Santa Barbara. It was taken up after the previous item.
  • Motion: A motion was made and seconded to approve.
  • Decision: Passed.

Agenda Item: Departmental Item 3 (Capital Improvement Plan - CIP)

  • Discussion: Patrick Zorowski, Assistant Director of General Services, presented the annual five-year capital improvement program, highlighting the FY 23-24 program. The presentation included an overview of $142.47 million in proposed projects across General Services, Public Works, and Parks. Key projects mentioned included the PSRN project, MODOC multi-use path, Santa Monica Debris Basin, and energy efficiency projects. The board discussed the prioritization of projects, balancing new facilities with deferred maintenance and energy efficiency. Supervisor Nielsen emphasized the importance of reducing ongoing costs through weatherization and HVAC replacements. Supervisor Capps commented on the sustainability team’s role in prioritizing projects, noting the importance of recycled water and sustainability in the decision-making process.
  • Motion: A motion was made and seconded to receive and file the detailed five-year capital improvement plan and approve the recommendations.
  • Decision: Passed.

Agenda Item: Departmental Item 4 (Solid Waste Tipping Fees)

  • Discussion: Staff presented proposed rates for FY 2023-2024, including facility tipping fees, Cuyama parcel fees, franchised hauler collection rates, and resource center processing rates. Key changes included a 3.5% increase in franchise solid waste and recyclables tipping fees (from $170 to $176 per tonne), no change to the Cuyama Valley parcel fee ($77 per single-family dwelling), and a 5% cap on CPI adjustments for hauler collection rates. The per-ton processing fee paid to MSB Investors LLC would increase from $13.18 to $42.96. Staff noted that overall residential and commercial rates would increase between 3.5% and 5% depending on the service area. Supervisor Nielsen asked about the contractual obligations of the rates, and staff confirmed they are per franchise agreements with a CPI cap. Supervisor Nelson asked about the MSB processing rate, and staff explained it is adjusted based on CPI and tonnage, noting a slight drop in tonnages but above minimum requirements.
  • Motion: A motion was made and seconded to approve.
  • Decision: Passed.

Agenda Item: Departmental Item 5 (Flood Control Benefit Assessment Program)

  • Discussion: Walter Rubel Cava presented the proposed 3.65% increase in benefit assessment rates, noting this is a voter-approved assessment established in 1980 with annual CPI adjustments. He highlighted the financial impact of the 2023 storms, which significantly depleted reserve balances in specific zones (Lompoc Valley, Santa Maria Levee, and South Coast), with the South Coast reserve reduced by approximately 80%. He noted that while state and federal reimbursements are expected, the process is slow and subject to audit. He emphasized the importance of maintaining reserve balances for emergency response and capital projects.
  • Questions/Comments: A supervisor asked about the district’s responsibility for smaller tributary creeks versus major channels. Staff explained that the district is responsible for owned facilities and easements but generally does not own or have easement obligations for smaller, privately owned tributaries. Staff noted that decisions to clear obstructions are made on a case-by-case basis depending on the potential impact on public property versus private property.
  • Motion: A motion was made and seconded to approve the recommended actions on the board letter.
  • Decision: Passed.
  • Next Steps: The item is set for a second reading and final adoption on June 27th.

Agenda Item: Departmental Item 6 (Public Works Subdivision Map and Document Review Fee Schedule)

  • Discussion: Staff presented a fee schedule update for the Surveyor Division. The fees have not been updated since 2007 and currently recover only about 51% of the actual cost of services. Staff recommended full cost recovery for most fees, with exceptions for residential driveways and tree trimming to encourage proper permitting and safety. The proposed changes would increase revenue by an average of $638,000 annually.
  • Motion: No specific motion or vote outcome is recorded in this transcript segment.

Agenda Item: Departmental Item 7 (Encroachment and Excavation Permit Fee Ordinance)

  • Discussion: Supervisor Hartmann asked if the fees covered renting right-of-way space for restaurants or if that was separate. Staff clarified that these fees are for cost recovery of encroachment permits, not rental fees, and that utility companies pay through franchise agreements. Supervisor Nelson asked about the subsidy for unrecovered costs, and staff explained that the unrecovered amount is subsidized by the road fund, contributing to a structural deficit. Staff noted that lower fees for items like driveways and tree trimming are intended to incentivize proper permitting and safety.
  • Motion: No specific motion or vote outcome is recorded in this transcript segment.

Agenda Item: Departmental Item 8 (Cannabis Taxation Compliance)

  • Discussion: The board discussed the quarterly Cannabis Taxation Compliance Enforcement Report. Key points included:
  • Land Use: Acreage caps in the inland area (1,575 acres) and Carpinteria agricultural overlay area (186 acres) have been reached or exceeded by submitted applications. Four operators withdrew business license applications, freeing up acreage.
  • Licensing: 99 county business licenses issued overall; 23 issued in Q3; 57 licenses outstanding.
  • Enforcement: Sheriff’s Office completed six enforcement actions, seizing over 2,600 pounds of dried product with a street value of $3.4 million.
  • Tax Collection: $2 million collected in Q3; $4.2 million collected to date. Projected negative variance from the adopted budget of $10.2 million due to market oversupply and operator attrition.
  • Reporting: 69 operations required to report; 9 did not report (down from 12). Staff believes 7 of the 9 are not currently growing.
  • Penalties: Current ordinance has no penalties for late filing if revenue is zero. Staff proposed strengthening penalties and consequences for timely reporting and payment, including potential denial of license renewal.
  • Fees: Discussion on amending the Cannabis Fee Ordinance to include California Cannabis Authority (CCA) membership and data platform costs ($500,000). Staff noted that AB 687, if passed, would eliminate this cost. Staff plans to return in July with a revised fee proposal.
  • Background Checks: Discussion on the interpretation of background check requirements for ag workers, with concerns about forcing workers into farm labor contractors. Staff indicated they are working with the Sheriff’s Office to clarify the ordinance.
  • Public Comment: Leo Welder (Good Farmers Great Neighbors) discussed cash flow issues in the cannabis industry due to federal status and requested patience regarding late payments. Lindsay Coakley (Central Coast Agriculture) requested refinements to the tax remittance process before implementing more penalties, noting that state cannabis revenues are down 25%. Jared Ficker (Exum Advisors) commented on market conditions, noting that illicit products are 30-60% cheaper than legal products, affecting demand. He suggested looking at a square footage tax for budgeting certainty and harmonizing background check requirements with state policy to reduce delays in hiring.
  • Motion: A motion was made and seconded to receive and file the third-quarter cannabis report, provide direction to amend Chapter 50 and related code sections to strengthen penalties, and provide direction on the cannabis program.
  • Decision: Passed.

Agenda Item: A43 (Compensation)

  • Discussion: The board discussed the addition to A43 regarding compensation.
  • Motion: A motion was made and seconded to approve the addition to A43 and direct the clerk to write the compensation into the board.
  • Decision: Passed.

Agenda Item: Administrative Item 16 (Budget Revision Requests)

  • Discussion: The item involves approving budget revision requests 8847 and 8873 (majority vote) and requests 4846, 8820, 8834, 8835, 8837, 8852, and 8872 (four-fifths vote). A supervisor questioned the cost of $150,000 for 150 interior signs, deeming it excessive. Staff explained that the cost included repair of drywall and replacement of signs on two floors. The supervisor stated they would vote against this specific budget revision, citing stewardship of taxpayer dollars, but agreed to include it in the general motion at the end of the agenda.
  • Motion: No specific motion or vote outcome is recorded in this transcript segment beyond the general approval of revision requests in A22.

Agenda Item: Administrative Item 23 (Donation and Acquisition of Land)

  • Discussion: Public comment was provided by Ken Owen and Mark Shatillo. The item involves the donation of approximately 77 acres and the acquisition of approximately 24 acres in an unincorporated area of the county.
  • Motion: No specific motion or vote outcome is recorded in this transcript segment.

Agenda Item: Administrative Item 33 (Homeless Death Review Team Report)

  • Discussion: Staff presented the Homeless Death Report for 2019 and 2020, noting an increase in deaths compared to 2018. The majority of deaths were due to substance abuse or alcohol, followed by cardiovascular disease. There were no weather-related deaths. Most deceased individuals were frequent users of county departments. Recommendations included better coordination, identification of homeless individuals, and a shared database. Supervisor Capps requested that the Director of Public Health speak to the item, emphasizing the importance of the report in the context of the county's efforts to tackle homelessness. She cited a constituent letter describing shelter provision as a matter of life and death.
  • Motion: No specific motion or vote outcome is recorded in this transcript segment.

Agenda Item: Administrative Item 38 (Public Works Director’s Report on Emergency Response Actions)

  • Discussion: The item concerns emergency response actions from flooding and storms, with a four-fifths vote required.
  • Motion: No specific motion or vote outcome is recorded in this transcript segment.

Agenda Item: Administrative Item 41 (Third Amendment to Law Enforcement Services Agreements)

  • Discussion: The item involves a third amendment to contracts with the cities of Buellton, Carpinteria, Goleta, and Solvang. A supervisor asked if law enforcement services would continue in contract cities if the contract is not renewed. Staff confirmed that minimal services would still be provided. The supervisor expressed concern about the county’s understaffing and the high cost of overtime to fulfill contract city services, stating they were not in favor of the contracts while the county is understaffed. They suggested negotiating based on time-and-a-half rates. Another supervisor countered that extensive fiscal analysis had been done and that the board is relying on that information.
  • Motion: No specific motion or vote outcome is recorded in this transcript segment.

Agenda Item: Administrative Item 53 (Resolution Proclaiming June 2023 as Amateur Radio Month)

  • Discussion: The resolution honors amateur radio operators for their service during emergencies and their commitment to community service. Jeff Reinhart was present. A public comment was made by the public information coordinator for the Santa Barbara section of the American Radio Relay League (ARRL), highlighting amateur radio as a volunteer resource for emergency communications. The commenter noted that ARRL operators are self-sustaining, maintain their own gear, and are available for emergencies and follow-up activities. A new memorandum of agreement between FEMA and ARRL was mentioned.
  • Motion: The resolution was adopted.
  • Decision: Passed.

Agenda Item: Administrative Item 54 (Resolution Honoring Susan McKenzie as Employee of the Month)

  • Discussion: The resolution recognizes Susan McKenzie of the Office of County Council for her work on federal contracts, emergencies, and healthcare questions, including her support during the Thomas Fire and COVID-19. Susan McKenzie was present.
  • Motion: The resolution was adopted.
  • Decision: Passed.

Agenda Item: Closed Session Report

  • Discussion: The board met in closed session to discuss anticipated litigation (seven cases), existing litigation (Southern California Fire Cases), labor negotiations with SEIU Local 620, and public employee performance evaluations for various departments.
  • Decision: The board took no reportable action.

Adjournment

  • Decision: The meeting was adjourned to Friday, June 16th.