Meeting Summary
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At a glance
Agenda Amendments and Emergency Response
- An addendum amended Public Works Item 21 to include emergency culvert repairs in Refugio.
- Staff were directed to file a CEQA exemption notice for the statutorily exempt emergency work.
- The closed session agenda was updated to include legal counsel regarding anticipated litigation.
National Peace Officers and EMS Week Resolutions
- A resolution proclaiming May 12–18 as National Peace Officers Week was adopted.
- A resolution proclaiming May 19–25 as National EMS Week was also adopted.
Measure A Five-Year Program
- Supervisor Nelson raised concerns that maintenance costs were eroding funds intended for new projects.
- Public Works Director Sneddon clarified that the measure prioritizes safety and leverages grant funding.
- The Board unanimously approved the five-year program despite noted distribution concerns.
Human Resources Code Amendment
- Staff recommended removing obsolete classifications and exempting management positions from civil service.
- The amendment aligns with state law changes effective July 4, 2024.
- The Board unanimously approved the staff recommendation to amend Chapter 27 of the County Code.
Hollister Lofts Tax-Exempt Obligations
- A TEFRA hearing was held regarding tax-exempt revenue obligations for the Hollister Lofts project.
- The Housing Authority confirmed the $20 million development carries no county debt liability.
- The Board unanimously approved the issuance of the tax-exempt obligations.
No decision 0–0
Cannabis Cultivation Taxation Options
- Staff presented a hybrid tax structure combining square footage and gross receipts metrics.
- Public comment largely favored maintaining the current 4% gross receipts tax structure.
- The Board directed staff to draft an ordinance with specific activity rates and maximum caps for future consideration.
Passed 4–1 · against: Lavagnino
County Arts Plan Amendment
- Staff proposed replacing project-by-project allocations with a single annual cap of $200,000 adjusted by CPI.
- Supervisors discussed budget implications and the potential formation of an ad hoc committee.
- The Board unanimously approved the amendment to Chapter 7A and scheduled future discussion on the Bowl Foundation.
No decision 0–0
Five-Year Capital Improvement Program
- Staff presented a $128.45 million program covering projects for Fiscal Years 2024–2029.
- Supervisor Nelson questioned the absence of the Orchid Library project and noted funding discrepancies.
- The Board unanimously approved receiving the report with an amendment to refer the Orchid Library to the Planning Commission.
Public Safety Realignment Plan
- The Probation Department presented a plan focusing on evidence-based treatment and community services.
- New initiatives include the REDI program, additional diversion staff, and secure treatment bed pilots.
- The Board adopted the spending plan and Community Corrections Plan budget totaling $21.1 million.
Closed Session
- The Board discussed existing litigation involving multiple cities and Caltrans.
- Conferences were held with labor negotiators for all bargaining units.
- County Counsel reported that no reportable action was taken on any closed session items.
Full summary
Call to Order and Roll Call
- The May 14, 2024, meeting of the Santa Barbara County Board of Supervisors was called to order. A roll call confirmed the presence of all supervisors, followed by the recitation of the Pledge of Allegiance.
Approval of Minutes
- April 30 and May 3 Special Meetings: A motion was made and seconded to approve the minutes. The motion passed unanimously.
- May 7 Regular Meeting: A motion was made and seconded to approve the minutes. The motion passed unanimously.
Announcements and Agenda Amendments
- The Clerk announced an addendum posted on May 10, 2024, amending Administrative Item 21 (Public Works Department) regarding emergency response actions for flooding and storms. Recommendation A was amended to include Refugio culvert repairs, and Recommendation F was added to determine that these repairs are statutorily exempt under CEQA due to the emergency nature of the failed culvert threatening public infrastructure; staff were directed to file a notice of exemption. The closed session agenda was also amended to add a conference with legal counsel regarding anticipated litigation concerning whether to initiate civil litigation in one case. Procedures for public participation via Zoom were reiterated.
Administrative Agenda
- Item A-20 (Measure A Five-Year Program): Supervisor Nelson requested this item be pulled from the general administrative agenda for separate discussion.
- Balance of Administrative Agenda: A motion was made and seconded to approve the balance of the administrative agenda, excluding Item A-20. The motion passed unanimously.
Passed 4–1 · against: Lavagnino
No decision 0–0
Resolutions
- National Peace Officers Week: Administrative Item 1 proposed a resolution proclaiming May 12–18, 2024, as National Peace Officers Week in Santa Barbara County. Under Sheriff Craig Bonner addressed the board on behalf of the Sheriff's Office. The resolution was adopted.
- National Emergency Medical Services (EMS) Week: Administrative Item 2 proposed a resolution proclaiming May 19–25, 2024, as National EMS Week. Nicholas Clay addressed the board on behalf of EMS providers. The resolution was adopted.
Administrative Item A-20: Measure A Five-Year Program
- This item concerned recommendations regarding the Measure A five-year program of projects for fiscal years 2024–2025 and 2028–2029. Supervisor Nelson raised concerns regarding the distribution of Measure A funds, noting that an increasing portion was being used for maintenance operations rather than new projects, potentially eroding the measure's original intent to supplement existing work. Public Works Director Sneddon explained that Measure A priorities include maintenance and safety, but the measure was also intended to leverage grant funding for capital projects. Supervisor Nelson expressed concern that with STIP funds directed toward Highway 101, local districts were falling behind on projects, particularly in North County, where only $200,000 remained for additional projects. He suggested that maintenance funding should be sourced elsewhere in the budget to preserve Measure A funds for prescribed uses.
- Motion: A motion was made and seconded to approve Item A-20.
- Outcome: The motion passed unanimously.
General Public Comment
- Ten members of the public provided comments on matters not on the agenda regarding topics including cultural exchange programs, county economic concerns, election decertification, state debt, staffing shortages in social services and child welfare, protection of a family burial site, and heating conditions in a county-run rehab facility. One comment was cut off due to technical difficulties.
Departmental Item 1: Human Resources Code Amendment
- This item involved a hearing to consider amending Chapter 27 of the Santa Barbara County Code regarding management positions exempt from civil service, aligning with changes effective July 4, 2024. Assistant HR Director Yvonne Torres presented the recommendation to remove obsolete classifications and exempt persons appointed to management-level positions unless the Board determines otherwise.
- Motion: A motion was made and seconded to approve the staff recommendation.
- Outcome: The motion passed unanimously.
Departmental Item 2: Hollister Lofts Tax-Exempt Obligations
- This item involved a TEFRA hearing regarding the Housing Authority of Santa Barbara County's issuance of tax-exempt multifamily housing revenue obligations for the Hollister Lofts project, a permanent supportive housing development not exceeding $20 million with no county liability for debt repayment. Bob Havlicek from the Housing Authority provided an overview of the project and its alignment with regional housing goals.
- Motion: A motion was made by Supervisor Kapp and seconded by Supervisor Williams to approve the item.
- Outcome: The motion passed unanimously.
Departmental Item 3: Cannabis Cultivation Taxation Options
- The County Executive Office presented two options for revising cannabis cultivation taxation: Option 1 (tax by square footage) and Option 2 (hybrid tax based on gross receipts or square footage). Staff detailed the proposals, noting that both options address concerns regarding underpayment by outdoor operators and ensure revenue covers administration, enforcement, and education costs. Discussion included vertical integration adjustments and the inclusion of minimum/maximum rate ranges in ballot language to allow the Board flexibility to adjust rates without returning to voters. Clarifications were provided regarding ordinance language, specifically that setting a tax rate as a "maximum" would allow the Board discretion to lower the rate in the future without voter approval.
- Public comment was received from nine speakers representing cultivation businesses and industry groups. Speakers generally advocated for maintaining the current 4% gross receipts tax structure, citing the need for regulatory certainty, concerns that a square footage tax would disproportionately impact outdoor operators, and requests to delay changes until after ongoing audits are completed. Some recommended allocating funds for an economic impact study at UC Santa Barbara.
- Board deliberation focused on revenue goals versus cost recovery, compliance issues regarding self-reported pricing, and the potential disincentive of fallowing land under a square footage tax. Data was reviewed showing that 85% of non-outdoor operators have activity compared to 40% of outdoor operators.
- Motion 1: A motion was made to approve staff recommendations regarding Option B (a specific tax structure) and Recommendation C (CEQA compliance). The motion was seconded, but the seconder subsequently withdrew their second.
- Outcome: Failed for lack of a second.
- Motion 2: A motion was made to proceed with Option Two (a hybrid tax structure) and Recommendation C. This motion included specific parameters: establishing an initial "activity rate" of $0.10 per square foot for outdoor operations and $1.00 per square foot for non-outdoor operations; defining "activity" based on harvest or transfer events; setting maximum caps for future adjustments at $2.50 per square foot for indoor/non-outdoor and $0.75 per square foot for outdoor operations; and restricting the board's ability to change rates to once every two years, requiring a four-fifths vote, and tying rate increases to a benchmark index.
- Outcome: Passed. Staff were directed to draft an ordinance reflecting these parameters for consideration at the June 4th meeting.
Departmental Item 3 (Continuation): Cannabis Taxation and Ordinance Amendments
- Discussion continued regarding concerns about double taxation for vertically integrated operators who pay both square footage fees and gross receipts taxes. Supervisors discussed the difficulty of tracking transactions under current licensing structures and the potential need to amend Chapter 50 regarding organizational affiliations.
- Motion: A motion was made to move forward with the direction previously given to the CEO regarding tax parameters (specifically a $1.00 per square foot rate for non-outdoor operations) and to return to the June 25th meeting for a first reading of the ordinance. The motion was amended to change the return date to the June 18th meeting to allow time for further discussion.
- Outcome: The motion, as amended, passed with a vote of four to one.
Closed Session
- The Board entered closed session to consider existing litigation (Joseph Rocco Peronsky v. City of Goleta, City of Santa Barbara, County of Santa Barbara, and Caltrans), conferences with labor negotiators for all bargaining units, and anticipated litigation regarding whether to initiate civil action in one case. Upon reconvening, the County Counsel reported that no reportable action was taken on any of the closed session items.
Departmental Item 4: Amendment to County Code Chapter 7A (County Arts Plan)
- Staff from the Community Services Department presented a recommendation to amend County Code Chapter 7A to streamline the Percent for Arts funding mechanism. The proposal seeks to replace the current project-by-project allocation method with a single annual allocation capped at $200,000, adjusted annually by the Consumer Price Index (CPI) up to 3.5%, with one-quarter reserved for program management costs. Supervisors discussed budget implications and the potential creation of an ad hoc committee regarding negotiations with the Bowl Foundation.
- Motion: A motion was made by Supervisor Hartman and seconded by Supervisor Williams to accept the staff recommendation to amend Chapter 7A and to include a discussion on forming an ad hoc committee regarding the Bowl Foundation at a future meeting.
- Outcome: The motion passed unanimously.
Departmental Item 5: Five-Year Capital Improvement Program (CIP) FY 2024–2029
- Staff presented the annual Five-Year Capital Improvement Program (CIP), totaling $128.45 million in proposed projects for Fiscal Year 2024-25. The presentation highlighted completed milestones, ongoing multi-year projects, and Pavement Condition Index (PCI) data for General Services, Public Works, and Parks. Supervisor Nelson questioned the absence of the Orchid Library project from the CIP list and noted a discrepancy regarding funding sources for the Orchard Community Park ball field lighting. He expressed concern regarding the lack of general fund investments in North County projects compared to South County initiatives.
- Motion: A motion was made by Supervisor Williams to receive and file the CIP report, with an amendment proposed by Supervisor Nielsen to include the Orchid Library project in the referral to the Planning Commission for analysis.
- Outcome: The motion, as amended, passed unanimously.
Departmental Item 6: Public Safety Realignment Plan FY 2024–2026
- The Probation Department presented the Fiscal Year 2024–2026 Public Safety Realignment Plan and the Fiscal Year 2024-25 Spending Plan. The plan outlines a balanced approach to public safety, including evidence-based treatment, case management, and community-based services aimed at reducing recidivism. New initiatives funded with one-time reserve funds include the REDI program, additional diversion staff, increased supportive housing beds, and a pilot program for secure treatment beds. The plan also includes the development of a race equity tool and a study titled "Valuing Voices."
Community Corrections Plan (CCP) and Fiscal Year 24-25 Budget Adoption
- The presentation concluded with a review of the CCP-approved program budget totaling $21.1 million, representing an increase of $987,000 from the current year. The plan utilizes restricted fund balance and recommends allocating an additional $2 million to expansion requests and pilot programs. Discussion highlighted the department's shift in focus toward wellness and supportive services, including the "Familiar Faces" program.
- Motion: Supervisor Hartman made a motion to adopt the staff recommendation. Vice Chair Capps seconded the motion following a request for an update on the Familiar Faces program.
- Outcome: The motion passed.
Adjournment
- The meeting was adjourned until Tuesday, June 4th.