BOARD OF SUPERVISORS

Resolution A-1: Honoring John Mainza and Greg Wilson

• The Board adopted a resolution honoring the honorees for achieving Platinum certification for their Montecito residence.
• The project exceeds California energy standards by 54.3% and serves as a model for the County’s EMPOWER program.
• Supervisors discussed the long-term benefits of energy efficiency and the County's loan programs.

Resolution A-2: American Heart Month and Hands-Only CPR Training Day

• The Board proclaimed February 2012 as American Heart Month and February 14 as Hands-Only CPR Training Day.
• Public Health and EMS staff demonstrated the simplified "Hands-Only CPR" technique to the Board.
• The EMS Agency reported a $25,000 grant from Medtronic to support related equipment and training.

Resolution A-3: Black History Month

• The Board adopted a resolution proclaiming February 2012 as Black History Month with a focus on African-American women.
• Community members spoke briefly regarding the contributions of the highlighted demographic.
• A public reception was announced for the Supervisors Conference Room to celebrate the occasion.

Sheriff’s Electronic Monitoring Programs

• The Board approved an ordinance to expand the Sheriff’s GPS monitoring program to include pre-sentenced and post-sentenced inmates.
• Staff cited AB 109 realignment and jail capacity pressures as drivers for the program expansion.
• The Board clarified that violent offenders sentenced to state prison are excluded, while misdemeanor cases are evaluated via risk tools.

Agricultural Waste Measures Department Price Scanning System and Device Registration Fee Proposal

• The Board continued the item to allow staff to address concerns regarding water vending machine fees and small business impacts.
• Staff proposed a price scanner accuracy program and fee increases to recover 66% of inspection costs.
• Public commenters expressed mixed views on the scanner ordinance and opposed disproportionate fee hikes for water vending operators.

EMS Agency Ordinance for Fee Increase

• The Board approved revised fees for EMT certification, recertification, and paramedic local accreditation.
• Staff presented an activity-based fee study to cover the full costs of service delivery, including background checks and exams.
• The proposed fee structure aligns with benchmarks from other local EMS agencies and counties.

Ordinance Amending the Animal Services Fee Schedule

• The Board approved an approximately 17% increase in Animal Services fees to align with current costs.
• The fee adjustments apply to services for owned pets, while services for stray animals remain free.
• Staff reported progress in increasing dog licensing and spay/neuter procedures within the county.

Continuation of Land Development Fee Resolution

• The Board continued the item to March 6 due to the need for additional documentation review.
• Staff determined that additional notice was required, necessitating a change in the continuation date.

Elmwood Pipeline Inc Line 96 Modification Project and Ordinance Franchise C4 Findings

• The Board approved a 20-year franchise for an 8.5-mile crude oil pipeline from the Elmwood Onshore Facility to Gaviota.
• Staff recommended the ordinance as an urgency measure to eliminate offshore oil barging and reduce environmental hazards.
• The franchise includes an annual fee adjusted for inflation and a $100,000 compliance bond.

Santa Barbara Ranch Inland Development Agreement Notice of Compliance

• The Board received the written request and authorized the Chair to execute the notice of compliance.
• Staff recommended against certifying certain modifications to the developer's identity due to ongoing quiet title litigation.
• The Board found that CEQA requirements were satisfied for the project.

Board of Supervisors Ad Hoc Subcommittee on Public Safety Aviation Final Report and Recommendations

• The Board accepted the subcommittee's recommendation to unify public safety aviation assets under the Sheriff’s Department.
• The plan projects approximately $270,000 in annual savings and ensures two multi-mission helicopter crews are available seven days a week.
• The Board requested a status update in May 2012 and a one-year review in January 2013.

Acceptance of Equipment Donations for Sheriff’s Office Helicopter 3

• The Board accepted equipment donations and refurbishments for the UH-1H "Super Huey" designated as "Guardian 3."
• The aircraft was funded through private fundraising efforts by the Sheriff’s Benevolent Posse and Project Rescue Flight.
• The helicopter is equipped for tactical support, search and rescue, medical evacuation, and fire suppression.

Project Rescue Flight Aircraft Specifications and Operations

• Staff clarified that federal regulations do not mandate twin-engine aircraft for all operations, though they are preferred for water missions.
• Single-engine aircraft may be used for life-threatening emergencies if they are the only available option.
• Personnel are trained in water evacuation procedures to ensure safety during island rescue missions.

Acceptance of Certificates of Appreciation

• The Board accepted certificates of appreciation for Sheriff’s Deputy John Simon and Sergeant Greg Weitzman.
• The awards recognized their roles in raising funds for Project Rescue Flight and supporting the Sheriff’s Benevolent Posse.

Memorial Remarks

• The Board accepted a request to adjourn in honor of Sheriff’s Deputy Hank Robledo, who recently passed away.
• The Sheriff provided remarks regarding Robledo’s 37 years of service and community involvement.
• The Clerk of the Board offered remarks in memory of Betty Jameson, a former San Ynez Valley resident.

Closed Session

• The Clerk read the closed session agenda, which included existing litigation, initiating litigation, and real property negotiations.
• Public comment was received regarding a foreclosure situation and statutory liens.
• Upon reconvening, the Board reported that all noticed items were held and no reportable decisions were made.

Meeting Overview

• The Santa Barbara County Board of Supervisors held a regular meeting on February 7, 2012. Roll call confirmed all members were present. The Pledge of Allegiance was recited. The Board recognized Mark Warner for his volunteer service in the Board office since 1992.

Approval of Minutes

• Item: Approval of minutes from the January 24, 2012 meeting.
• Action: A motion to approve was made and seconded.
• Outcome: Passed.

Public Comment

• Public comment was opened. Speakers addressed the following topics:
• Miramar Hotel Project: Concerns regarding project delays in Montecito and the involvement of local officials and developers.
• National Defense Authorization Act (NDAA): Requests to place the NDAA on the agenda, specifically citing concerns about Sections 1031 and 1032 regarding indefinite detention. Speakers requested a resolution condemning the act and urged the Board to contact federal representatives.
• Energy and Environment: Discussion on the transition to electric vehicles, oil consumption, the Keystone Pipeline, and offshore drilling.
• County Finances and Pensions: Concerns regarding unfunded pension liabilities, employee salaries, and proposed oil drilling in the Santa Barbara Channel.
• Efficiency: A request to move the public comment period to a specific time to reduce staff meeting time.

Administrative Agenda

• Item A3 (Black History Month Resolution): A speaker questioned the alignment of the sponsoring Supervisor’s political stance with the theme. The Chair directed the speaker to address the resolution directly.
• Item A15 (Sustainable Communities Planning Grant): A speaker opposed the County’s application for a Proposition 84 grant, arguing it supports high-density infill development and imposes burdens on local water quality compliance. The speaker requested the Board either support high-density development on the record or deny the grant.
• Action: A motion was made and seconded to approve the administrative agenda.
• Outcome: Passed.

Resolution A-1: Honoring John Mainza and Greg Wilson

• Item: Resolution honoring John Mainza and Greg Wilson for achieving Target 3 level for the Innovative Building Review Program Energy Efficient and Residential Building Design.
• Discussion: Supervisor Carbajal presented the resolution, noting the residence at 1147 Hill Road in Montecito achieved Platinum certification from the U.S. Green Building Council and exceeds California energy standards by 54.3%. The honorees discussed the commitment to energy efficiency and long-term benefits. Supervisors discussed the County’s EMPOWER program for energy efficiency loans.
• Outcome: Adopted.

Resolution A-2: American Heart Month and Hands-Only CPR Training Day

• Item: Resolution proclaiming February 2012 as American Heart Month and February 14, 2012, as Hands-Only CPR Training Day.
• Discussion: Supervisor Wolf presented the resolution, highlighting heart disease as the leading cause of death. Dr. Wada and Dr. Salvucci from the County Public Health Department and EMS Agency discussed the "Hands-Only CPR" initiative, which simplifies CPR to chest compressions. They demonstrated the technique. The EMS Agency noted a $25,000 grant from Medtronic to support equipment and training.
• Outcome: Adopted.

Resolution A-3: Black History Month

• Item: Resolution proclaiming February 2012 as Black History Month in Santa Barbara County, with the theme "Black Women in American History and Culture."
• Discussion: Supervisor Carbajal presented the resolution, honoring the contributions of African-American women. Community members Melvin Ritchie and Anita J. Mackey spoke briefly. A reception was announced for the public in the Supervisors Conference Room.
• Outcome: Adopted.

Departmental Agenda

Item 1: Sheriff’s Electronic Monitoring Programs

• Item: First reading of an ordinance amending Ordinance 4440 to reauthorize and update the Sheriff’s electronic monitoring (GPS) programs.
• Discussion: Chief Deputy Don Patterson presented the proposal, which expands the current voluntary program for sentenced inmates to include voluntary placement of pre-sentenced inmates on home arrest in lieu of bail and mandatory home arrest for post-sentenced inmates. The presentation cited AB 109 (Public Safety Realignment Act) as the driver for these changes, noting a 20% increase in GPS participants since 2010 and jail capacity pressures. The Sheriff’s Office uses evidence-based risk assessment tools to determine eligibility. Supervisors asked questions regarding the types of crimes eligible for monitoring, specifically concerning sexual assault and domestic violence cases. Staff clarified that violent offenders sentenced to state prison are excluded from AB 109 realignment, but those sentenced to jail for misdemeanors are evaluated using the risk instruments. Judges have the statutory authority to recommend or deny GPS placement.
• Action: A motion to approve the ordinance (Items A, B, and C) was made and seconded.
• Outcome: Passed.

Item 2: Agricultural Waste Measures Department Price Scanning System and Device Registration Fee Proposal

• Item: Adoption of a revised Ordinance 34C (Weights and Measures) and amendment of the Agricultural Commissioner’s Fee Schedule.
• Discussion: Staff presented a proposal including a price scanner accuracy program and a device registration fee structure. Staff noted that current device fees, unchanged since 1994, cover only 16% of inspection costs, while the proposed fees would recover 66% of costs. Staff explained that state law mandates annual inspections for commercial weighing and measuring devices but does not mandate ongoing price scanner inspections, though the county has the authority to implement them. Staff cited a 2010 survey indicating a 7% overcharge rate in Santa Barbara County compared to a 2.6% statewide average.
• Public Comment:
• Andy Caldwell (COLAB) supported device fee increases for cost recovery but opposed the scanner ordinance, arguing the survey data was skewed and that consumer reporting mechanisms would be more effective.
• John Lopez (Stoll Shopping Center) opposed the scanner ordinance, characterizing it as unnecessary "price police" and arguing that state authorization does not equate to a requirement to impose such fees.
• Dr. Johns supported the measure, citing personal experiences with overcharges and urging consumers to check receipts.
• Gil Carranza (Water Vending Business) opposed the proposed fee increase for water vending machines, arguing that the inspection time for water machines is significantly shorter than for gas pumps and that the proposed fees (increasing from $20 to $120) were disproportionate and would impact small businesses.
• Kevin Speer (Water Vending Business) supported the general concept but opposed the specific fee increase for water vending machines, suggesting a lower increase (e.g., $50–$60) to maintain competitive pricing for low-income communities.
• Board Discussion: The Board focused on the distinction between mandated device inspections and discretionary scanner inspections. Several supervisors expressed concern about the impact of the fee increases on small businesses, particularly water vending operators, and suggested exploring alternative fee structures or exemptions. Staff clarified that the fees are based on cost recovery studies and that the county is acting as an agent of the state.
• Action: Supervisor Wolf moved to approve the ordinance and fee schedule. Supervisor Carbajal seconded the motion but subsequently moved to continue the item to allow staff to address the water vending machine fee structure and small business considerations. Supervisor Wolf supported the continuation motion.
• Outcome: The motion to approve was not adopted. The motion to continue the item to a future date passed.

Item 3: EMS Agency Ordinance for Fee Increase

• Item: Revision of fees for Emergency Medical Technician (EMT) certification, recertification, and paramedic local accreditation.
• Discussion: Staff from the Public Health Department presented a proposal to revise fees that have not been adjusted since 2001. The proposed fee increases are based on an activity-based fee study designed to cover the full costs of providing these services, including background checks, exam administration, and local accreditation processes. Staff indicated that the fees are consistent with other local EMS agencies and benchmark counties.
• Public Comment: None received.
• Action: Supervisor Carbajal moved to approve the new fee structure and certification program. The motion was seconded.
• Outcome: Passed.

Item 4: Ordinance Amending the Animal Services Fee Schedule

• Item: Amendment of the Animal Services Fee Schedule.
• Discussion: Staff from the Public Health Department presented a proposal for an approximately 17% fee increase, based on a cost-of-living adjustment to align with current costs. The fees apply to services for owned pets, such as wellness clinics and dog licensing, while services for stray animals remain free. Staff noted that certain fees, such as penalties for unaltered animals running at large and rabies vaccinations, are set by the state and remain unchanged. Staff also reported progress in increasing dog licensing and spay/neuter procedures in the county.
• Public Comment: None received.
• Action: Supervisor Carbajal moved to approve the ordinance amending the Animal Services Fee Schedule. The motion was seconded.
• Outcome: Passed.

Item 5: Continuation of Item

• Item: Continuation of the Land Development Fee Resolution.
• Discussion: A request for continuance was made due to the need for additional documentation review. It was determined that additional notice was required, necessitating a change in the continuation date.
• Action: A motion was made to continue Item 5 to March 6.
• Outcome: Passed.

Closed Session

• The Clerk read the closed session agenda into the record, which included:
• Existing litigation: Naples Coalition et al v. County of Santa Barbara, Powell v. County of Santa Barbara, and Peterson v. County of Santa Barbara.
• Initiating litigation: Decision to litigate.
• Conference with real property negotiator regarding property near Vandenberg Village (APN 097-370-038).
• Public Employee Performance Evaluation: HR Director and Ag Commissioner.
• Public comment was received from Benjamin Pellen regarding his father’s foreclosure situation and statutory liens. The Board recessed to closed session. Upon reconvening, a report was provided stating that all noticed items were held and no reportable decisions were made during the closed session.

Item 6: Elmwood Pipeline Inc Line 96 Modification Project and Ordinance Franchise C4 Findings

• Item: Ordinance to issue a pipeline franchise to Elmwood Pipeline Inc. for the use, operation, and maintenance of a new 8.5-mile crude oil pipeline.
• Discussion: Staff from General Services and Planning Development presented the ordinance. The pipeline runs from the Elmwood Onshore Facility to the Plains Pipeline System in Gaviota. Staff noted the pipeline is complete, tested, and ready for operation. The franchise would eliminate the last oil barging operation off the coast of Santa Barbara County. Staff recommended adoption as an urgency ordinance, citing environmental benefits over barging, reduced air emissions, and reduced navigational hazards. The franchise term is 20 years, with an annual fee of $5,630 adjusted for inflation, and a $100,000 bond for compliance. At the end of the term, the county has discretion to require removal, allow abandonment in place, or accept ownership.
• Public Comment:
• A speaker from the Environmental Defense Center, representing four local organizations, expressed support for the project, citing the elimination of offshore oil spill risks and environmental benefits.
• Another speaker expressed opposition, criticizing environmental groups for supporting the project and arguing that the economy demands the pipeline for job creation.
• Action: A motion was made to approve the item. The motion was seconded.
• Outcome: Passed.

Item 7: Santa Barbara Ranch Inland Development Agreement Notice of Compliance

• Item: Request from SBRHC, Inc. for a notice of compliance with the Santa Barbara Ranch Inland Development Agreement.
• Discussion: Staff from Planning and Development presented the request. Staff recommended that the Board receive the written request, authorize the Chair to execute the staff-prepared notice of compliance, and find that CEQA is satisfied. Staff noted that the Coastal Development Agreement was rescinded in 2009, but the Inland Agreement remains in effect. A lawsuit challenging the project approvals and EIR certification has been pending since November 2008. Staff recommended that the Board not certify certain modifications to the developer's identity due to ongoing quiet title litigation between the original developer and SBRHC. Staff also noted that a request for consent to a proposed transfer agreement was withdrawn and expected to be resubmitted for a March 20, 2012 hearing.
• Public Comment:
• A representative for SBRHC, Inc. stated that if the issue is not resolved, they would proceed with quiet title litigation.
• An attorney for the Environmental Defense Center and Surfriders Foundation reiterated their position that the Inland Development Agreement is invalid due to changed circumstances and new evidence, and urged the Board to follow staff’s recommendation to not act on matters currently subject to litigation.
• Action: A motion was made to receive the written request, execute the prepared notice of compliance (Attachment 3), and find that CEQA was satisfied, including revised language. The motion was seconded.
• Outcome: Passed.

Item 8: Board of Supervisors Ad Hoc Subcommittee on Public Safety Aviation Final Report and Recommendations

• Item: Final report and recommendations from the Ad Hoc Subcommittee on Public Safety Aviation.
• Discussion: Supervisors Wolf and Lavagnino presented the final report. The subcommittee worked to determine the most efficient use of public safety aviation assets and to create a unified aviation program under the Sheriff’s Department. Key points included:
• Asset Ownership: The helicopters and airplane are not owned by the county; they were acquired through federal programs (FEPP and 1033) and have a resale value of zero.
• Findings: Aviation assets are indispensable for modern firefighting and law enforcement. Joint programs should operate under a single chain of command, utilize professional pilots, and clarify roles in medical evacuations.
• Recommendations: Form a joint fire and law enforcement aviation program unified under the Sheriff’s Department. This includes creating an operational agreement (MOA) delineating aircraft, personnel, procedures, and financial policies. The plan involves using Copters 1 and 3 (Sheriff’s) and keeping Copter 2 (Sheriff’s) and Copter 308 (Fire) in reserve, while returning Copter 309 to the federal government.
• Financials: The combined program is projected to save approximately $270,000 in salaries and benefits. The funding structure would shift the aviation budget from the Fire Department to the Sheriff’s Department.
• Service Enhancements: The new structure aims to provide two multi-mission capable helicopter crews available seven days a week, eight hours a day, with staggered schedules to ensure at least one aircraft is always available. This allows for simultaneous response to different types of emergencies.
• Pilot Qualifications: "Professional pilots" are certified pilots first, distinct from sworn deputies who are pilots second. All pilots, including those currently serving as deputies, will meet a minimum of 3,000 flight hours by the implementation date (July 1, 2012).
• Fixed-Wing Aircraft: The Sheriff’s Department confirmed the retention of the Cessna fixed-wing aircraft, noting it is fully paid for and useful for surveillance and missions where volunteer pilots are unavailable.
• Implementation Timeline: The Sheriff’s Department and Fire Chief presented their collaborative operational agreement. They committed to meeting with air crews to discuss expectations and to provide an implementation status report. The Board requested a status update in May 2012, prior to the June budget process, and a one-year review in January 2013.
• Action: Supervisor Wolf moved to accept items A, B, C, and D as noted in the staff report, with a modification to Recommendation C to change the status report date from July 2012 to May 2012. Supervisor Lavagnino seconded the motion.
• Outcome: Passed.

Item 9: Acceptance of Equipment Donations for Sheriff’s Office Helicopter 3

• Item: Request to accept equipment donations and refurbishments for Helicopter 3 (UH-1H "Super Huey"), designated "Guardian 3."
• Discussion: The Sheriff’s Department presented the request. The aircraft was acquired through the 1033 program from the Jefferson County Sheriff’s Office in Colorado. The Sheriff’s Benevolent Posse raised $950,000 for refurbishment, and a 501(c)(3) organization, Project Rescue Flight, raised approximately $2 million to complete the project. The helicopter will feature a glass cockpit, full medical deck, hoist capabilities for rescue, and a water tank with a snorkel for refilling without landing. It is capable of tactical support, search and rescue, counter-drug/terror missions, surveillance, medical evacuation, and initial attack fire suppression. Unlike FEPP aircraft, this 1033 aircraft is not subject to the 9010 rule, allowing it to be used for any mission type as long as it is operated by the agency. Delivery is expected within several weeks, with availability anticipated in mid-to-late March. The Sheriff’s Department prepared certificates of appreciation for Deputy John Simon, Deputy Greg Weitzman, and John Wilczak for their roles in acquiring and funding the aircraft.
• Action: The Board accepted the equipment donations and refurbishments for Helicopter 3.
• Outcome: Passed.

Project Rescue Flight Aircraft Specifications and Operations

• Discussion: Operational requirements for aircraft used in island rescue missions were addressed. It was clarified that federal regulations do not mandate the use of twin-engine aircraft for all operations, though twin-engine aircraft are preferred for missions over large bodies of water due to safety considerations regarding engine failure. Single-engine aircraft may be utilized for life-threatening emergencies if they are the only available option. Personnel are trained in water evacuation procedures.

Acceptance of Certificates of Appreciation

• Action: A motion was made and seconded to accept Certificates of Appreciation presented on behalf of the Santa Barbara County Sheriff’s Office. The certificates were awarded to Sheriff’s Deputy Special Duty John Simon and Sheriff Sergeant Greg Weitzman for their roles in raising funds for Project Rescue Flight and supporting the Sheriff’s Benevolent Posse.
• Outcome: Passed.

Public Comment: Project Rescue Flight and Public-Private Partnerships

• Comment: A representative for Project Rescue Flight stated that the organization is currently repairing Copter 4 in Burbank with an additional $350,000 in private funding. The representative noted that the project originated from a need for a county-owned medium-lift helicopter and expressed intent to continue raising private funds for county needs, including the DARE program and the Special Enforcement Task Force. The representative encouraged the board to seek productive resources to generate revenue for these programs.

Memorial Remarks and Adjournment

• Action: The board accepted a request to adjourn in honor of Sheriff’s Deputy Hank Robledo, who passed away recently after 37 years of service. The Sheriff provided remarks regarding Robledo’s tenure and community involvement. Additionally, the Clerk of the Board offered remarks in memory of Betty Jameson, a former San Ynez Valley resident and nursing professional who passed away on January 18.
• Outcome: The meeting was adjourned, with the next session scheduled for the 14th in Santa Maria.