Board of Supervisors — 2024-06-04June 4, 2024

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BodyBoard of Supervisors
MeetingRegular Meeting
Date📅 June 4, 2024

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Meeting Summary

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Present: 3-Hartmann, 4-Nelson, Williams, 2-Capps, 5-Lavagnino

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

Employee and Community Resolutions

  • The Board adopted resolutions honoring three employees as June Employees of the Month.
  • June was officially proclaimed as LGBTQ+ Pride Month and International Children's Day.
  • All three resolutions were passed unanimously without recorded opposition.

Behavioral Wellness Agreement Amendment

  • Item A13 regarding a Drug Medi-Cal agreement amendment was initially continued due to posting errors.
  • The Board later amended its action to continue the item specifically to June 11 budget hearings.
  • This revised continuation motion passed unanimously.

Community Benefit Improvement District Support

  • The Board shifted from a neutral stance to actively supporting a proposed downtown Santa Barbara CBID.
  • Discussion focused on the $75,000 annual impact and synergy with existing homeless services.
  • A motion to support the initiative subject to staff tracking passed four to one.

Cannabis Ordinance Hearing Date

  • Staff requested setting a hearing for June 18 regarding cannabis ordinance amendments for the November ballot.
  • Public comment urged against setting the date due to a lack of consensus on the issue.
  • The item was held for a later package motion rather than being scheduled immediately.

Montecito Planning Commission Appeal Hearing

  • Staff proposed a June 25 hearing date for an appeal regarding residential alterations in Montecito.
  • Conflicting public positions and applicant agreement led to a request to reschedule the hearing.
  • The Board unanimously voted to continue the hearing to July 16, 2024, in Santa Maria.

Administrative Agenda Package Approval

  • A final motion approved all remaining administrative items held for package consideration.
  • This included sub-recipient agreements for encampment funds, ARPA senior meals, and various budget revisions.
  • The comprehensive motion to approve these items passed unanimously.

Solid Waste Tipping Fees and Collection Rates

  • Staff recommended a 7.4% increase in facility tipping fees to meet debt obligations for the upcoming fiscal year.
  • The agenda included transitioning waste services in Zones 4 and 5 from Waste Management to Marburg Industries.
  • The Board adopted all staff recommendations regarding fee increases and franchise rates.

Third Quarter Budget Status Report

  • The General Fund is projected to end with a $6 million surplus, driven by interest income and salary savings.
  • Negative variances were noted in Public Health, Parks, and the Sheriff's Department due to specific cost escalations.
  • The Board received and filed the report while noting high vacancy rates in IT and Auditor-Controller departments.

Cannabis Taxation Compliance Update

  • Third quarter tax receipts totaled $1.2 million, falling short of projections due to delayed retail openings.
  • Enforcement actions included confiscating 259 pounds of product and identifying trends like "burner distros."
  • The item was received as an informational update with no formal vote recorded.

Transient Occupancy Tax Increase Proposal

  • Staff proposed placing a measure on the November ballot to increase the TOT rate from 12% to 14%.
  • The projected $2.9 million annual revenue aims to address an $8 million deficit in homeless services.
  • The Board voted to direct staff to prepare the ordinance amendment for the upcoming election cycle.
Passed 3–1 · against: Nelson

Moriarty Holdings Cannabis Cultivation Appeal

  • The applicant voluntarily revised the project scope, reducing cultivation area from 17.4 to 5.19 acres.
  • Revisions eliminated on-site processing and removed components north of Cat Canyon Creek.
  • The Board unanimously denied the appeal and approved the revised project de novo.

Closed Session

  • The Board discussed existing litigation, anticipated civil litigation, labor negotiations, and employee evaluations.
  • One reportable action was taken authorizing County Counsel to initiate litigation on a specific case.
  • Further details regarding the authorized litigation will be disclosed once formally commenced.

Full summary

Call to Order and Administrative Procedures

  • The June 4, 2024, meeting of the Santa Barbara County Board of Supervisors was called to order with a full roll call. The Pledge of Allegiance was recited. A motion was made and seconded to approve the minutes from the May 14, 2024, meeting; the motion passed unanimously. The County Executive Office reported no items for the CEO Report. The Clerk announced an addendum regarding Departmental Item 4 (Transient Occupancy Tax), amending Recommendation B to change the first reading date of the ordinance from June 25, 2024, to June 18, 2024. Instructions for public participation were provided.

Resolutions

  • Three resolutions were presented and adopted:
  • A resolution honoring Alicia Duran, Kristen Mahiran, and Juan Valdez as June 2024 Employees of the Month was passed and adopted.
  • A resolution proclaiming June 2024 as LGBTQ+ Pride Month was passed and adopted.
  • A resolution proclaiming June 1, 2024, as International Children's Day and honoring LEAP (Learn, Engage, Advocate, Partner) was passed and adopted.

Administrative Agenda Items

  • Several items were initially pulled from the administrative agenda for individual discussion:
  • Item A13 (Behavioral Wellness Department): Concerning the third amendment to the Drug Medi-Cal Organized Delivery Systems intergovernmental agreement. Supervisor Nelson noted the item was not posted online. A motion was made and seconded to continue Item A13 to a future meeting; the motion passed unanimously. Later in the meeting, the Board returned to this item and voted to amend the previous action, continuing it to the budget hearings scheduled for June 11. This motion passed unanimously.
  • Item A19 (Community Services Department): Addressed sub-recipient agreements for California Encampment Resolution Funds (CERF) totaling nearly $8 million for vehicle encampments, including outreach, rapid rehousing, safe parking expansion, and motel stays. Supervisors discussed site selection flexibility and relationships with existing ordinances. The item was held for a later package motion.
  • Item A21 (Community Services Department): Concerned an update on American Rescue Plan Act (ARPA) senior meal program funds and approval of sub-recipient agreements. Public comment was requested but the speaker was unavailable. The item was held for a later package motion.
  • Item A27 (County Executive Office): Considered establishing a neutral position on property owner assessment ballots for a proposed Community Benefit Improvement District (CBID) in downtown Santa Barbara. Three members of the public urged the Board to move from a neutral position to one of support. Supervisors discussed the $75,000 annual financial impact, governance structure, and synergy with the Navigation Center. A motion was made and seconded to support the CBID initiative, subject to staff tracking budget impacts and engagement on homeless services. The motion passed four to one.
  • Item A28 (County Executive Office): Involved budget revision requests requiring a four-fifths vote, specifically Budget Revision 9686 regarding increased motor pool costs for Public Works. Supervisor Nelson expressed concern regarding the draw from road maintenance funds. Director Sneddon explained cost escalations due to parts, fuel, and labor. Supervisor Nelson proposed a Board Inquiry Form (BIF) to analyze internal service fund impacts. The item was held for a later package motion.
  • Item A43 (Human Resources Department): Considered wage adjustments and hiring incentives for veterinarians to address an 18-month vacancy. One member of the public spoke regarding the need for competitive pay. The item was held for a later package motion.
  • Item A47 (Probation Department): Concerned the combined Comprehensive Multi-Agency Juvenile Justice Plan and Juvenile Justice Realignment Plan. Staff presented an overview highlighting inter-agency collaboration and the operation of the Juvenile Justice Center, including the Family Engagement Resource Fair. The item was held for a later package motion.
  • Item A50 (Public Health Department): Considered the First Amendment to a grant for the Sexually Transmitted Diseases Program. Supervisor Capps inquired about potential service reductions; staff confirmed services would not be affected as existing funds remain sufficient. The item was held for a later package motion.
  • Items A62 and A63 (Flood Control Master Plan): Initially pulled, these items were subsequently returned to the balance of the administrative agenda after discussion.
  • Item A81 (County Executive Office): Sought to set a hearing for June 18, 2024, regarding amendments to the cannabis operations ordinance for the November 2024 ballot. One member of the public urged against setting the hearing due to lack of consensus. The item was held for a later package motion.
  • Item A82 (Planning and Development Department): Sought to set a hearing for June 25, 2024, regarding an appeal of a Planning Commission approval for residential alterations in Montecito. Two members of the public spoke with conflicting positions on the date. Staff confirmed the June 25 date was agreed upon by applicants but not appellants. A motion was made and seconded to continue the hearing to July 16, 2024, in Santa Maria. The motion passed unanimously.

Final Administrative Agenda Motion

  • A motion was made and seconded to approve the remaining administrative items (A19, A21, A43, A47, A50, A62, A63, A81) and Item A28. The motion passed unanimously.

General Public Comment

  • The Board opened the floor for general public comment on items not on the agenda. Speakers addressed:
  • Election Integrity: Concerns regarding voting system irregularities and a request to return to in-person single-day hand counts with photo ID requirements.
  • Elder Financial Abuse: Allegations of ineffective handling of complaints by state agencies and the District Attorney's office, requesting an agenda item for discussion.
  • County Budget and Infrastructure: Criticism of deferred maintenance on roads and buildings, calling for an independent audit and adoption of a former ballot initiative (Measure M).
  • Public Health Funding: Presentation of a report regarding proposed state elimination of $300 million in public health funding and potential adverse impacts.
  • Election Costs: Arguments for switching to paper ballots and in-person voting to reduce costs.
  • Trail Development Notification: Concerns regarding inadequate notification for the Gorner Development Project along the Hot Springs Trail, requesting informational signs and a public environmental hearing.
  • Development Accountability: Further concerns on development accountability, referencing the Gorner project and a proposed dense development at Rucker Road and Burton Mesa Boulevard, alleging deferred maintenance is used to control investigations.

Departmental Item D1: Solid Waste Tipping Fees and Collection Rates

  • Staff from the Public Works Department presented recommendations for fiscal year 2024–2025 solid waste rates, including a 7.4% increase in facility tipping fees to meet debt obligations. Franchise hauler collection rates were proposed with increases driven by CPI adjustments and rising disposal costs. The presentation covered the transition of waste service in Zones 4 and 5 from Waste Management to Marburg Industries, effective July 1, 2024. A Supervisor questioned why commercial recycling rates were higher than trash rates in specific instances; staff attributed this to transportation distances and agreed to review the pricing structure. Another Supervisor noted the smooth transition to the new hauler in the San Ynez Valley. A motion was made and seconded to adopt staff recommendations A through E (adopting resolutions for facility fees, parcel fees, and franchise collection rates, and determining CEQA exemption). The motion passed.

Departmental Item D2: Third Quarter Budget Status Report

  • Staff from the County Executive Office presented the third quarter budget status report for fiscal year 2023–2024. The General Fund is projected to end with a $6 million surplus, lower than previous years due to slowed property tax growth. Positive variances were driven by higher interest income and salary savings in departments such as Probation, Treasurer-Tax Collector, and County Counsel. Negative variances included Public Health (Animal Services) due to decreased licensing revenue and increased costs; Parks Division due to delays in the Goleta Beach restaurant opening caused by storm damage; and Sheriff's Department primarily driven by pharmaceutical costs exceeding budget, partially offset by overtime costs covered by salary savings from vacancies. As of Quarter 3, 13% (625 positions) of funded positions were vacant, with high vacancy rates in the Auditor-Controller and IT departments. Supervisors inquired about overtime versus salary savings, retirements, and surplus funds in shared service departments. Staff confirmed salary savings are offsetting overtime costs and that long-term vacant positions are being reviewed for elimination or conversion to contracted services. A Supervisor expressed concern regarding the use of the Proposition 172 set-aside fund for overtime, preferring its use for recruitment. The CEO noted vacancies may be utilized to manage budget deficits in the coming year. A motion was made and seconded to receive and file the report and make the CEQA determination (Recommendations A through B). The motion passed unanimously.

Departmental Item D3: Cannabis Taxation Compliance and Enforcement Update

  • Staff presented a third quarter update on cannabis taxation, compliance, and enforcement. Tax receipts totaled $1.2 million, lower than projections due to delayed retail openings. Of 57 operators, four were not reporting, 20 reported zero receipts, and 33 made timely payments. No new entitlements were issued; three projects remain on appeal. Four dispensaries are pending opening with projected dates ranging from late 2024 to mid-2025. The Sheriff's Office completed four enforcement actions, confiscating 259 pounds of product. Trends identified include a shift to smaller indoor grows and the use of "burner distros" (licensed distributors used to divert legal product to illicit markets). Discussion included potential changes to tax measures and implications of federal rescheduling of cannabis from Schedule 1 to Schedule 3. Supervisors asked for clarification on "burner distros" and concerns regarding operators delaying openings indefinitely; staff noted the ordinance allows operators to remain in process if making progress. The replacement process for closed retail operations was clarified as a ranking system rather than a lottery. A property owner representing a cannabis site discussed high costs and delays associated with permitting, requesting faster processing times and improved road conditions. No formal motion or vote was recorded for this item; it was received as an update pending further action.

Departmental Item D4 / Agenda Item 1: Transient Occupancy Tax (TOT) Increase Proposal

  • Staff presented a report regarding a request to place a measure on the November 5, 2024, ballot to increase the county's Transient Occupancy Tax (TOT) rate by 2%, from 12% to 14%. The presentation outlined a projected $8 million deficit over the next three years attributed to homeless services and state fiscal shortfalls. A sales tax increase was deemed unviable based on polling. The proposed TOT increase is estimated to generate an additional $2.9 million annually. Staff explained that while the tax applies only to lodging in unincorporated areas, Government Code Section 53723 requires voter approval from all countywide voters for a general tax measure. The recommended action was to direct staff to prepare an ordinance amendment for a first reading on June 18 and a second reading on July 9. Supervisor Nelson questioned the statutory requirement for a countywide vote; staff clarified the statute has remained unchanged since 1986 and distinguishes TOT as general discretionary revenue usable countywide. Public comment was received from nine speakers. Supporters argued the increase is necessary to fund affordable housing, public safety, and workforce support. Opponents expressed concerns regarding market competitiveness, potential declines in occupancy, and the lack of an economic impact study, suggesting alternative revenue strategies. During deliberation, Supervisors Williams, Hartman, and Capps expressed support for the measure citing the need to maintain funding amidst state budget cuts. Supervisor Nelson opposed the motion, arguing increased taxes do not guarantee increased revenue given market softness and suggesting streamlining planning processes would be more effective. A motion was made by Supervisor Hartman to approve staff recommendations (actions A through D), including receiving the report, directing staff to proceed with the ordinance amendment process for the November ballot, and determining the action is not a project under CEQA. The motion was seconded by Supervisor Williams. The Board voted on the motion, and it passed.

Agenda Item 2: Appeal of Moriarty Holdings Cannabis Cultivation Project

  • The Board heard an appeal regarding the Planning Commission's approval of the Moriarty Holdings Cannabis Cultivation Project in the Fourth District. Staff reported that the original project was appealed to the Planning Commission, which granted de novo approval in January 2023. Following an appeal to the Board, the applicant voluntarily revised the project scope significantly, reducing the cultivation area from 17.4 acres to 5.19 acres, eliminating all on-site processing facilities, and removing components north of Cat Canyon Creek. The new site plan includes outdoor cultivation south of the creek, a water storage barn, a storage shed, and a new driveway off Cat Canyon Road. Staff determined the revised project's water demand is less than significant and consistent with county codes; an odor abatement plan is not required as the project does not exceed 51% lot coverage, though measures to minimize odor are included. The appellant's counsel stated that if the Board approves the revised project, no further appeals would be pursued. The appellant presented arguments focusing on groundwater concerns and the scale of the original proposal, noting revisions addressed these issues. The applicant testified regarding economic viability and commitment to being a good neighbor. Public comment was received from one resident raising concerns about road conditions, flood zones, and traffic impacts; counsel clarified the revised project avoids using the Long Canyon easement entirely. During deliberation, Supervisor Nelson expressed uncertainty regarding the economic viability of a reduced operation without processing but acknowledged the compromise. Supervisors Hartman, Capps, and Williams indicated support for the project as presented. Discussion focused on the viability of the five-acre farm project and the process for potentially amending the Conditional Use Permit (CUP) in the future to add processing capabilities; staff confirmed a revised CUP could be requested within the scope of the existing Environmental Impact Report (EIR). A motion was made and seconded to deny the appeal, accept the revised project, make required findings including those under CEQA, and grant approval of the project de novo. The motion passed unanimously.

Closed Session Agenda and Actions

  • The Board recessed into closed session to consider existing litigation (Castellanos v. County and Whiting v. County), anticipated litigation regarding a decision to initiate civil litigation, conferences with labor negotiators for all bargaining units, and public employee performance evaluations for various county department directors. Upon reconvening, the Board reported taking one reportable action in closed session: authorizing the County Counsel to initiate litigation on one case. Details will be disclosed once formally commenced.

Adjournment

  • The meeting concluded with a moment of remembrance for Katie Torres and was adjourned until Tuesday, June 11, for the fiscal year 2024–2025 Santa Barbara County budget hearings.