UnGovr Transcript
iHow this transcript is madeUnGovr transcribes the official recording with automated speech-to-text, separates speakers by voice, and matches voices to the seated roster. Names and attributions are AI estimates and may contain errors.Verify any quote yourself: click anywhere in the transcript and the official video jumps to that exact moment, so you can check any quote against the recording.0:00 – 0:022 turns
Hello everyone. Thank you.
Good morning, everyone. You. Okay,
0:03 – 0:0611 turns
all
right. All right I'd like to call to order this meeting of the February 12th Santa Barbara County Board of Supervisors. Mr. Clerk can you give us a roll call please?
Mr. Hart? Here. Ms. Hartman? Here. Mr. Adam? Here. In Santa Barbara, Mr. Williams?
He's there.
And Mr. Lavinino?
I'm here. Yeah. Can you guys hear us down there? That's right. Supervisor Williams can you hear us?
I can hear you just great. Thank you.
All right, great. Before we do the pledge, Ken, can you put this picture up? This is something I'd like to just take a second and share something I came across yesterday. These two young boys have now internet sensations. This is Thomas who's seven and his cousin Derek six they were playing near a fire station in Roseboro North Carolina. Chaplain came out to raise the flag, and these two young boys without any adult nearby or any prompting both placed their hands over their heart and respectfully recited the pledge. It's been some controversy in our county recently about the pledge.
And I can honestly say for me, it's always been a unifying moment before our meetings regardless of our political ideologies. It is an honor to stand with my colleagues as we pay respect to our flag, our country and all those brave men and women who've sacrificed so much to ensure liberty and justice for all. So
Roll-call vote 0–0 Moved by Peter Adam · Seconded by Joan Hartmann move any items today. All right, yes I will take Supervisor Adam and Supervisor Hart and let's get a roll call. · 2 under review
Show transcript
Aye Aye.
Passes 5-0.
Wow, okay this is time for public comment for those items not on today's agenda Mr. Allen do we have any requests to speak from the public?
0:06 – 0:134 turns
Chair Lavagnino members of the board we have two requests this morning both in Santa Barbara we're going to go there for Ed Kalaski to be followed by Ben Pitterly. Mr. Kalasky
I don't know Ken, do you have my drawing there on your computer? If you do bring it up. Thank you. I call my speech today why is Alex Peugeot still at SBAR? I think it's very naive of the supervisors here to all of a sudden think that things are going to change downstairs just because we got a new supervisor. Our new supervisor hasn't been around for the last five years when I've been here, and not for the last 12 years when Janet Wolfe was in charge. And so when you talk to Alex it's like he doesn't understand the difference between legal and illegal.
I don't know if he doesn't really understand or he just doesn't care. And that seems to be the same position as our previous supervisor, Janet Wolfe who just didn't seem to care. So why is things going to change? Is Alex now in charge of running the county scam? I would assume so. You know, I didn't know whether I was supposed to pay $1,000 at the end there to get our project passed or not. What if he took the 1,000 and didn't do anything?
You never know with these people. So anyways, you know when we came in the fifth meeting, we didn't get a chance to show our drawing. And they didn't even tell us why we were rejected. You know, if they told us that hey your second story is located solely over the garage. That's nonsense it's not located solely over the garage. It's over the garage, the kitchen, the dining room, part of the living room and the laundry room.
If they would have told us that hey we made no changes which all these are noted in minutes that we made no changes When we added 300 square feet to a 400-square foot project, that represents no changes. That's why he kicked us out. He didn't want the other members to hear what was going on. He didn't want the other members to see what we had done. And what was our option? Well, you can appeal. Appeal to what?
The PC? They didn't understand it. They couldn't figure it out. It makes no sense so they ruled whatever SBAR said is fine with them and then we show up here and we got a deal with Janet Wolfe. That's ridiculous! That's absurd! You know, you pledge allegiance and you're proud to pledge allegiance for life and justice. I said that wrong but it's for those who pay the extortion fee. It's not for everyone and that's disgusting.
Things should change. And I hope our new supervisor goes down and talks to some of the people down there, to figure out what's going on. It's not like it's really hidden or at least he can do explain to me how is our second story solely over the garage? That's a simple thing no one can okay thank you
Ben Pitterly in Santa Barbara, and we received another late slip from Dorothy Dent. So Ben Pitterley then Dorothy Dent.
Good morning. I'm Ben Peterly, I'm with Santa Barbara Channel Keeper. I wanted to say a few words this morning about the sediment disposal that's currently occurring in Carpinteria Beach. First, I just want to make a couple points first regarding the 2018 debris flows we fully understand that What happened last year was an emergency and the county was responding to a crisis. And jail keepers never taken up position of opposition against disposal at the beaches in response to debris flows, we did conduct monitoring.
And we did our best to share those results with the public and county officials to keep the public informed about what some of the impacts might have been. Today, however, the situation is somewhat different for one it's been a year, the county has been planning what to do during the last year in preparation for this winter. To the action that's occurring now it's preventative more than not cleaning up To some degree, there were debris flows. Roads were closed but most of the debris, our understanding is it's coming from debris basins so it's essentially debris basin maintenance that's happening now which is somewhat different than last year and then And third, throughout the year county and other partnering agencies we've been hearing more and more in communications that the notion of what's occurring is actually it's been promoting the notion of this activity as beach nourishment.
Something that's an activity that's benefiting the coastline protecting coastlines from sea level rise and this type of thing. Beach nourishment it's a different type of activity and typically these activities are permitted through the Army Corps of Engineers through programmatic Thank you, Mr. Chair and members of the board. But a very small few in terms of what can be placed on the beaches. We strongly believe that the county should at this point in time, we'd like to see the county moving forward taking steps to obtain a beach nourishment permit if that's really what this activity is which it appears to be. That's what we're hearing from this board and from county officials.
To a large degree. One final note just about communications, the press release went out recently last week when the county started disposing material in Carpinteria Beach and it referred to monitoring data that was being collected. It implied that results had been obtained and that the sediment was clean and that there wasn't any risk to the public when we tried To obtain those results from county officials, we discovered that they actually didn't even have those results yet. And we didn't even get some of those results until just yesterday. So I think we were hoping just to see more care in some of the communications that are being put forward maybe less sort of what was felt as to some degree is sort of a PR campaign promoting beach nourishment.
Let's just be, we support a transparent and open process moving forward that examines the potential benefits and impacts of beach nourishment. And we hope you'll consider these things moving forward. Thank you.
0:13 – 0:172 turns
Good morning, supervisors. Two weeks ago you got to hear from Patricia, a beautiful senior who lives locally and who formerly was conserved. Luckily for her and extremely uncommonly she was able to remove herself from conservatorship and that was through our wonderful public guardian system here in Santa Barbara. For the last three years, we have been suffering through a very difficult illegal eviction process. I was helping another senior named Patricia try to continue living healthily happy medication free in her own home that she had had since 1962 where she raised five children one of which was in the military and Living out her days in the beautiful sunshine of Isla Vista by the coast with her family and friends. And it was a wonderful block where many of the people lived there with their families, took care of their families as they were aging.
And then retain their homes after the family member passed away. Unfortunately for Patricia, now she is being held against her will or need ten hours away in an abysmal facility where we visited. Even though there were no doctor orders, she was unfortunately put into this position by a corrupt Conservatorship system that ends up giving the wealth of the senior to a whole lot of court cronies.
And I have studied this now for three years and I investigated thoroughly to discover that the doctor, that the judge insisted that Patricia C through an attorney that the judge appointed even though my senior had her own attorney. This individual doctor took money, 195 payments actually from many different scores of different pharmaceutical companies. This is listed under the website dollars for docs and I suggest that each individual look at that to see who their doctor may be taking payments from to discover whether those drugs are actually needed or whether they would just be suggested.
Now when an individual is healthy and with no chronic conditions, Santa Barbara should be allowing that individual to live in their home. And not be taking these drugs of course under a doctor's care. And we had done so, she had done so herself through the wonderful Santa Barbara Neighborhood Clinics. And Dr. Kristen Pena who is California Board Licensure Doctor, But unfortunately, the judge and the appointed attorney of the judge thought that they knew better even though neither of them are doctors. And none of them had any doctor's orders to give my elder these drugs. So please investigate this. I thank you so much for having this opportunity to discuss things. And I know that we're going to get back on track with this investigation and possibly a task force for The public because I know that you supervisors care about your citizens and you don't want them removed from their home and sent away eight hours to abysmal facilities.
Thank you.
That concludes public comment. Okay,
0:17 – 0:297 turns
that'll move us into our D agenda. Can you please read item D1?
Chair Lavinino and members of the board, item one is from the County Executive Office. It's a hearing to receive and file the fiscal year 2018-19 budget and financial status report as of December 31st 2018 showing the status of appropriations in financing for all departmental budgets adopted by the board.
Okay
good morning Mr. Prapwell.
Good morning Mr. Chairman, members of the Board Thank you, I have an opportunity to present to you the second quarter or mid-year update on the performance of the county budget. And we have prepared a board report for you but I'll go through kind of the highlights in the PowerPoint presentation this morning. Remember this is the quarter ending December 31st, 2018. And as we look at the second quarter there in just a kind of brief recap the general fund there are six reportable variances now reportable variances for your memory is in the general fund any department that is performing plus or minus $300,000 or more is highlighted here as a reportable variance Within the special revenue and other funds, those are departments hit the variance threshold at $500,000.
This is really a measure of materiality within both those different distinct funds. So 65 of our 68 departments and funds are positive or at budget as shown in our signal chart attached in attachment A to the board letter. So here are the six reportable variances within the general fund county council So all of the departments within the general fund except for these six are tracking on or ahead of budget.
With the reportable variances, and we'll go through each department now within general fund county council's savings are primarily due to staffing vacancies. Within probation again salary savings due to vacancies and some positive news on some reimbursement from the state for state mandated costs about $147,000. Within Sheriff, this is largely driven by overtime costs exceed salary savings.
Salary savings are generated by the vacancies but the overtime cost is required to fill fixed post positions largely. In addition there are some costs related to providing mutual aid to Ventura County during the Hill Fire. We think this cost will eventually be reimbursed to the county but probably will not happen in the current fiscal year that lag time For federal reimbursement on these types of disasters can spring on for more than a year. So we do think eventually that cost will be reimbursed, but at the moment it's showing a negative for the department.
Also in the department I think they are seeing a reduction in the overtime within the custody facilities and they have I think recently gotten rid of the mandatory overtime in the main jail so that's a positive. Because of additional staffing they have in custody deputies. And then I think in Q3, we'll see some impact of the recent storm activities in the South Coast specifically and related to overtime and evacuations associated with those storms.
All in all their service supplies are fairly well on track. We are watching carefully the inmate food costs for that main jail as a potential drag on their budget. For community services parks, again this is a pretty positive news. The camping revenues largely at Kachuma are really performing above our budget levels and so that's a positive. They've had really successful use of the reservation system that is helping generate that revenue and their call centers continue to prove fruitful as well.
There are many new activities they're putting in place Kachuma which are driving attendance and gate fees. Within general services, largely this is a result of staffing vacancies. They did implement VSIP if your board recalled program that your board put in place as the Voluntary Early Separation Center Program and that has produced the expected savings within the department.
And they also have one unfilled assistant director position. Within general revenues, this is where all the discretionary dollars that your board allocates to each department comes from here in the general revenues. That's trending higher by a million dollars and we'll go kind of more in depth on this source. These are really higher than budget secured and VLF in lieu property taxes, RDA distributions and interest and earnings on our investments.
They're offset partially by some supplemental property tax coming in lower than anticipated. You'll recall supplemental property taxes are those taxes that are estimated beginning of the fiscal year, it's directly related to typically sales turnover and properties in which The property sells for a higher value than what's on the current assessed roll. And when that happens, the new owner gets a supplemental tax bill. So what we're seeing here are seen lower than estimated. We've had lower turnover of homes that have generated those supplemental taxes.
Our TOT taxes are not performing as strongly as we had anticipated. We had made an estimate in the current year budget that San Francisco Ranch would be back open, and it is nearly back open but not as early as we had anticipated when we adopted the budget. And so that has caused somewhat of a drag The Miramar, which we anticipated opening in January when we built the budget looks like they're taking reservations for March. So we're about two month lag on that so that's pulling down and kind of the reason The result is lower than anticipated TOT taxes.
Property tax backfilled from the state, the state is fulfilling their commitment they are backfilling the property taxes that we lost and so the only reason this shows up on the slide is that we have higher secured property tax because our loss related to the Thomas fire debris flow was not as great as we had originally anticipated when we adopted the budget But I do want to make sure that I'm clear the state is fulfilling their commitment to backfill all the property taxes we lost.
Here's all that information in a graphical form, it's also included in your board report and there you can kind of see the numbers property tax and VLF up 2.8 million There's the reduction in supplemental about 1.1 RDA Residual distributions is 1.2, $1.3 million. TOT you can see down 536,000 investments and investment performance at 1.9. Part of tax backfill again 3.2 negative all other revenues kind of combined is about 238 so pretty much on target really good strong performance by most of our revenue sources.
So we turn our attention to the special revenue funds. You can see in total, and these are kind of outlined in attachment B to your board report, a positive $3.8 million. There are four reportable variances. These are departments that are operating plus or minus $500,000 or more. And then we have the healthcare fund currently showing potential year-end negative of 548,000.
The department is optimistic that they'll be able to close this gap closer to zero, just because of some delayed revenues. But they also have fund balance available to balance the budget should they need it at year end. Court Special Services I think deserves particular discussion this morning. It is kind of an indicator what we'll see again during the upcoming budget workshop and hearings.
This is largely a reflection of two items that are pushing this negative. We'll go into those more in a moment. So Vehicle Operations, IFSF operating at a positive, projected at a positive $776,000 and the Information Technology Services are positive $705,000. Here's the health care fund. Really I do believe they will be closer to zero at the year end and they do have fund balance should they need that.
Here's Court Special Services. I do want to take a moment this morning, this is a trend for current year that is going to continue into future years and so what we're seeing here are lower than budget revenues really due to some state changes in law related to the leverage the court has to collect fines and fees that are levied by the court Before January 2018, there was a program in place that allowed the court to leverage essentially somebody's ability to renew their driver's license if they had outstanding fees to the court.
January 2018 that program was taken away and so it's had the effect of reducing the revenues. These are revenues that these and with the revenues we're talking to here are the revenue, the portion of revenues that come to the county there's also a portion of revenues to come to the state. So but this is just focused on the county counties portion of those revenues But we're seeing that continue to go down. I think we've seen a leveling off, but you'll hear this theme again during workshops as we have increased the general fund contribution to this budget.
The other significant drag or impact on this budget is really the cost for conflict attorney services. We have a number of multi-defendant cases that are really ramping up And requiring quite a bit of costs associated with hours for conflict attorneys. This is something that will continue into next year as well, as these MS-13 and Golden State Killer cases continue to have an impact on this department.
Again you'll hear more as we talk about this in the upcoming year as well. Vehicle operations and ICT are really continuing to perform positively. Some of this is delaying the timing of replacements in the vehicle operations, but also information technology services is really a function of some vacant positions. So in summary, here's the chart. It's also probably more readable in your printed board report but you can see here our reds that we talked about are those that in the general fund that are negative and you see the yellow diamonds plus or up or down which are those above or below their targeted general fund cost So our recommended action this morning for your board is to receive a file of the 2018-19 budget and fiscal financial status report as of December 31st, 2018.
I'm going to be happy to answer any questions.
All right, I just have one. Can we go to slide three for just a second? Recommend, it would be helpful for me at least in the future when we list out the departments. If you could give us what their total budget is for the year so it puts in perspective a little bit more. So if you look at the sheriff at minus 415 but I think his overall budget's over $100 million kind of allows us a little perspective there. Okay, Supervisor Adam?
Yeah, it just seems like it's always incomplete when we don't have some kind of recognition of the unfunded liabilities. When we have a financial status update.
0:29 – 0:3718 turns
Supervisor Adam to chair specifically related to pensions, specifically related to
OPEB or- Well my favorite three year pension is OPEB and deferred maintenance. There may be something else that I'm forgetting. But you could probably remind me.
Supervisor, we'd be happy to include those in the next quarter report. We do take these, bring these to your board on a quarterly basis and would be happy to highlight those as well.
Yeah, because you know it just seems like we're presenting the cash side and that's fine. It all seems to be working out great and I have a pretty high tolerance. I know some people get all worried when they see the brackets and I have a pretty high tolerance for brackets in the second quarter because you got half a year to make that up but We have the other side of this thing, which is the unfunded side, which only seems to grow in retrospect and maybe we're making that shrink. But I think if you're going to do a financial status, the only honest way to present the thing is in a whole picture. Okay.
CEO Miyasato?
Thank you, um just board members. Um, you do have an attachment that shows the budgets for all the Departments so it's not attachment a So although we'll put on the slide next time but for example to answer chair levinino's Comment the sheriff has 147 million dollar budget. So thank you for pointing that out And yes, and we so noted supervisor adam these reports have become um historically As a comparison to our budget, not necessarily financial status of the whole county. So it's comparing where our departments are on their budgets relative to what was approved but we can certainly add another section that talks about unfunded liabilities.
Okay great public comment Supervisor Williams do you have any questions? Okay public comment
Chair Lavagnino, members of the board we have two requests. Judy Birch?
No. That's item three. No it didn't get canceled out. Oh cancel out your request.
No problem okay thank you and then we'll deal with... You will. You're good.
Mr. Caldwell.
Chair Lavagnino members of the board Andy Caldwell representing Colab. Kind of taking off on what Supervisor Adams' point is, you have this snapshot every time of how your expenditures and things are lining up with projections in the budget. And that's all fine and good. But like for instance later on you have an issue dealing with the oil industry. And the oil industry, as you know, pays property taxes for their facilities but also oil in the ground is taxed.
And we haven't really had a very good report in a long, long time of what happened since Venico went bankrupt, Exxon got shut down, Plains Pipeline got shut down on what happened to both the county finances, school finances and the like then secondly couple that with The projected finances of the projects that are in the pipeline, so to speak era ERG and. The other one Petro Rock.
And then the other issue that needs to be taken into consideration is your board. The exception of Supervisor Hart who wasn't here yet had some ginormous dollar signs in your eyes with respect to pot. I mean ginormous dollar signs. And yet what I'm seeing, what I'm reading in the news is more pot farms getting busted than revenue coming in. Now, I don't know if those guys are paying their taxes or not, if they were illegal. But nonetheless, I was thinking we're losing money on pot right now rather than making it based on how many plants are getting torn out of the ground. And then plus your board's starting to backtrack. You rolled out this green carpet For pot, you rushed P&D like I've never seen them rush before to get permits lined up and ordinances lined up.
And now you're starting to slowly backtrack because you found out people hate pot as much as they hate oil at least in some parts of this county. Where are you going to land? Now what does that do to your wish list in terms of being able to handle pension cliffs? I think we need that update sooner rather than later as these oil projects come online and as you reconfigure or renegotiate the green carpet for marijuana.
I think it would be fair because again, those to me in my opinion are the only two saviors on the horizon for your finances in the long run. And with regard to the pension update that stock market took a nasty dive in December we'd like to know what happened to your pension fund? Because as you know they has to average 7% and once you lose money that means you got to go back up to 14 for instance.
To make up the difference. Thank you.
That concludes public comment.
All right, that will move us into item 2 Mr.. Oh yes motion to receive file I'm sorry. So
moved.
Supervisor Williams?
Well, I'm going to support the motion but I did want to speak to the questions Mr. Caldwell brought up about marijuana revenue whether they are sufficient for the enforcement. The marijuana revenue has enabled us to be making those busts because it expanded our enforcement staff dramatically. And so, yes it has not been a panacea. It's not been enough to make up our pension costs but it definitely has been enough for us to increase our enforcement and we'll see there's an awful lot of folks who wanted to pay taxes that got turned away because they were not yet And so we'll see as some of these operations hopefully are seeing that accountability is out there, that some of their colleagues that are loosey-goosey are getting busted.
Hopefully they will come in and get their permits and pay their taxes and play by the rules. And if not, we have the resources to shut them down but if so then it does have a significant upside possibility in revenue. And obviously that would also be great to have them playing by the rules, like odor control. Thanks.
All right so we had a motion from Supervisor Hartman and a second from Supervisor Hart. Roll call please
0:37 – 0:4510 turns
Mr. Hart? Aye. Ms. Hartman? Aye. Mr. Adams? Aye Mr. Williams? Aye Mr. Lavinino?
Aye
Passes 5-0 All
right that moves us to item 2
Chair Lavinino, members of the board, Item 2 is from the General Services Department it's a hearing to consider recommendation regarding the local vendor preference policy and this is an update on the program
Good
morning
Chair Lavinino, members of the board. With me today is Brandon Davis our Chief Procurement Officer. Brandon and the procurement team are working hard to improve the way we manage procurement and today's proposal is one of those efforts. And today we're presenting a proposed update to the local vendor preference on tangible goods. So the existing policy was initiated informally in 1994 at a 1.5% preference on tangible goods, and then in 2005 your board formalized the policy to be a 6% preference for local vendors. Today's proposed modification is a Renew 22 initiative.
It is to consider redesigning and improving how we do things in the procurement operation. The idea was to take a look at the local vendor preference to see if that's a barrier The notion is that we should review how we operate to reduce barriers for vendors to access the county procurement process. We want to increase participation and thereby maximizing market competition, county spend value, quality of goods and overall public services.
The update today would be that the lowest local vendor within a six percent bid of a non-county vendor would have the chance to match that lowest bid. This also coincides with the update of our online bidding system, which we've rolled out and the goal of that is to increase our bids and increase awareness and vendor participation so we are also improving how many vendors are participating.
And beyond the proposal today, we're making strides in improving procurement operations with many more initiatives to come The goal is to be a streamlined and top-tier purchasing division, to maximize county spend and facilitate optimal performance for all county departments where goods services and contracts are needed. Everything falls within our vision of general services and that vision is to be the premier resource for first class service and that's what we want to do with our procurement operation is to be top tier So the requirements to be considered a local vendor must meet four criteria, which were also established by your board in 2005. The address must be within the county.
A valid business license needs to be issued within the county and the address matches that of their local facility. They must hold a valid resale license as issued from the State Franchise Tax Board and the address matches that of their local facility. And they staffed their local facility with employees during normal business hours, and they have standard business hours and utility services, and the office is fully operational.
So the local vendor preference will only be applied to tangible goods. That's how it's applied today. On this slide is a summary of our purchasing thresholds and bid categories. This is something we use to guide ourselves on what's required, so it's a good shorthand summary. There are four main categories, tangible goods, professional services, construction and federally funded projects or items.
And the modification will not apply to any federally funded efforts or conflict with any local state or federal laws or regulations. And to drill down on that, so tangible items departments have the authority to make purchases on their own up to $3500. Beyond that up to 25,000 there are no specific competitive requirements but requisition and quotes are advised for purchases and awarded via purchase order And then over $25,000 a formal bid is required. Although these are the minimum requirements, bidding can always be used and may be advised depending on the type of purchase being made and competition and ensuring best value is always the preference.
The lines may not quite show up on this slide, but we're trying to show you what this is really applying to in our overall county spend. Now admittedly our data is dependent on our systems which are old and somewhat desperate between different systems, but we were working to improve our available data and working towards improving systems which may eventually lead The data displayed today is what we pulled from FIN. Of our total spend, which is $215 million, and that's items that are touched by purchasing, is our tangible goods.
Of that, there is about 10 million that is flagged as local and about 6.6 million that is non-local. So really we're focused in on that 16.7. This policy would potentially impact that 10 million or 4.6% of our actual spend. So the proposed process would be that the lowest local vendor within six percent can match Any non-local vendors bid if the non-local vendor has the lowest responsive bid.
So we would give that opportunity, if that scenario were to happen, we would allow for 72 hours for the lowest local vendor who's within six percent to match the non-local vendor. We would notify both vendors that this scenario is taking place and then if that local vendor can match they would be awarded a contract. If not, it would go to the lowest bid. We want to look at comparable counties and other agencies to get a sense of what they're doing.
The first eight listed are considered comparable to each other, two have a match component and that is Santa Cruz and Solano. Two additional agencies have a similar match component and that is Kern and Contra Costa. Most agencies have some form of a preference which is 5%. You'll notice City of Santa Barbara, our neighbor does not have a local preference. We believe that matching in Santa Barbara County would allow for maximizing competition and leveraging spend while also encouraging and stimulating local business.
Again it's difficult to know how many non-county vendors have skipped out on bid opportunities because it's impossible to know what we haven't received. But it is a perception factor, and we want to break down any perceived barriers to access doing business with the county. The ultimate goal is to maximize competition, maximize county spend, maximize our value, receive the highest level quality of goods, and ensure county departments are providing optimal public services with the funding we already have.
So with that, our recommended actions are that your board approve the recommended update to the local vendor preference and determine that it is not a project under CEQA. Staff is available to answer any questions you may have. Thank you. Any questions?
Supervisor Hartman
Well, I really appreciate the chart that you've given us on comparable counties and it does however raise questions. The first one being why do we focus mainly on tangible goods and not also on services? And why the 6% say all the others seem to be 5%.
0:45 – 0:5533 turns
That is a good question. Chair Lavinino, Supervisor Hartman and it was voted by your board in 2005 the exact motivation behind that isn't 100% clear to us now but it was to try to help stimulate local business have local vendors be participatory in the process your board focused on tangible goods so that's where our policy is now and that's why we're focused on that today
Mr. Gazzani? Chair and supervisors, that would also be because at the time this rolled out some years ago not too long before that the California Attorney General in a 1989 attorney general opinion had given the green light to a vendor preference program based on supplies did not address services. And the government code provision that actually supports this speaks in terms of counties with a purchasing agent not being required to follow a standard bidding process for county supplies. So if the board wanted to expand to services, we could take a deeper look at that but the law in this area previously has been focused on supplies.
Okay is that something you're interested in Supervisor Hartman or?
If we did reduce from 6 to 5, maybe we could expand that. That's my thinking.
I've got a couple questions so and I think this is what my confusion was the first time around. So when we talk about Kind of changing the local vendor preference, what we're really doing in this step is actually trying to get more competitive bids from outside and not local vendors. Because people have just basically failed to see the value in it of bidding on projects here because we end up giving it to a local vendor.
Chair Lavenino, in so many words yes. We want both. We want local vendors and as many vendors participating as possible.
Okay, so when we talk about that we're going to do this 6% available match if you're within 6%. So is that on just bids which would be over $25,000 or is it also any quotes that are 3,500 to 25,000?
Chairman Labadino, most of these items would be items that are bid more than $25,000 but there's nothing that precludes us from bidding an item below $25k. It would mostly encompass items that were bid by the Purchasing Department but its not just for items that would be more than $25K because there could be a circumstance and has been where we bid items below that threshold
Okay, but on the average you got a $15,000 order for toilet paper or whatever. You're not going to go out and you have a local vendor comes in, he's within 4%. He doesn't have the opportunity to go back and match under these rules, right? It would only be if it was a formal bid?
Yes,
this
would be if an item was formally bid, that's correct.
Okay, Supervisor Hart.
The other thing that you mentioned in the staff report was the 60% performance goal to meet for awarding contracts to local vendors. So it's not a 100% local environment now, it's a 60-40 and this proposal attempts I think to shift that to some degree. You're not wanting to eliminate local vendors but Provide a more even playing field for non-local vendors increase the participation of non local vendors Theoretically lower the cost to the county and that's going to reflect on this performance value, right?
Chair Labanino and Supervisor Hart so for clarification That is all purchasing. So that preference for 60% is all factors This is really zeroed in on just those tangible goods or that 4.6 percent or the 10 million or so though that we were Referring to So will it impact that overall spend? It would it would probably be very small impact
on because this is a relatively small percentage of the overall Correct, but the breakdown that you have within. This is 10 million local 6 million non-locals That's pretty close to the 60% all by itself too, right?
Supervisor Hart, of tangible
goods. Correct? Correct. That is
about 60% of tangible goods.
So you would not imagine that that percentage would stay the same, that 60%, or whatever it is within this tangible goods with this new
policy? Again for clarification, that's 60 percent performance measure that we have as a department. That would be the whole 215 million spend and roughly speaking Okay,
and so well I understand what you're trying to do and it makes sense. It disadvantages local businesses and the purpose of the local vendor preference was to give an advantage to local businesses. And I think the premise of that is that it's more expensive to do business in Santa Barbara County for a variety of different reasons. And this is an attempt to kind of rebalance the field and give a benefit to local businesses.
The match provision that you're proposing, it's going to eliminate that essentially. You're just going to be able to match the price and so I would expect that that would go down dramatically and there would be some kind of savings to the county but it would be at the cost of having local vendors recirculating that money in the local community and the benefit of that multiplier effect in the community. And I don't have a sense as to what that means in the overall economic scheme of things but I think that's the trade off. So I could see doing this for a while to take a look and see what the actual data is and what the result is. I can kind of imagine what the result's going to be, but if you came back in six months and had a report and said this has been the effect of that we conceivably could revisit it and readjust it.
It's not something set in stone, and I understand the point that you're trying to make. You want to test and see how many folks are not bidding now, and that would give some data. And then we'd understand the impact on local vendors as well.
Supervisor Adam
Well, the fact of the matter is we haven't done a proper study on On this to prove whether it has any effect or not And I think that if you did you'd find out that you're providing a disincentive from people for people from further away To actually make you a real bid and You'll end up paying more for stuff. And I think that it's it's something that's Pretty much just irresponsible with the people's money to be given incentives. And I realize what the thought behind it is and maybe it's a real deal, I don't know but I just suspect that if you did a proper study you would find out that it's just costing you more than 6% going to even the multiplier.
May may not be enough to offset how much extra you're, you're paying because you're not actually getting real bids from people further away because you're not going to the lowest bidder. And you're telling people that right up front with your policies so I don't think it sounds good, but I don't think it's having the intended effect.
Can you give us or at least talk about a little bit about what we do? You had follow up or- No sorry, I thought you were asking me. For Mr. Tony if you could just give us kind of a perspective What do we do as far as outreach? I own a business, I'm a new guy. I just opened up. I kind of want to do business with the county. I think I can provide some of these tangible goods. How do I know what's out there? What can I bid in? You talked about an online bidding site that's new. What kind of outreach do we do and how do we deal with that?
Chair Lavagnino, that's a fair question. We want to do more outreach. We do communicate with the local chambers but we don't feel it's enough. We feel we need to do more promoting of business opportunities with Santa Barbara County and we feel like we will be able to do more of that going forward. That's broadly one of our initiatives to improve procurement so right now I would say we don' t do enough
Okay, but is there a general website we could let's say somebody calls my office I can direct them to that says here's like the federal government does. Here's all of our contracts that are available for bid right now?
Sure, so right now on our website you can see what bids are available and we've within the last month or two We initiated the online bidding. So we were still doing formal paper bids for years another improvement We were trying to get beyond and there's a lot of improvements and iterations to go beyond that But they're it they can go to our County of Santa Barbara General Services website and be able to drill down on purchasing Very good
We do have public comment on this. So let's take a public comment and then we'll bring it back DOS Do you have questions or do you want to wait for public comment?
I Can wait for public comment. Thank You, Mr. Chair.
Thank you
To request mr. Caldwell and then Jordan errors
Chair Levin Nino's I was wondering if you would beg my indulgence. I'd like to know whether staff asked the local vendors that are getting preference right now if they told him about this meeting I
0:55 – 1:013 turns
Mr. Tony. Chair Lavinino, we did reach out to all of the local chambers obviously reached out to Mr. Caldwell also reached out to the Pacific Business Times to try to notify local vendors of this proposed policy change.
I want to know about the ones that are actually under contract with you right now because I would think this room and I'll tell you why because I called the one I knew and they didn't know anything about it and they've been a local vendor outreach since this program started And this is an example of the poor outreach, and I'm not going to blame these two guys because they're relatively new. We started this with Naomi Schwartz. As I mentioned last week, this is the only bone she ever threw to go left in 12 years because there's a supervisor Hart nailed it. The cost of doing business here is higher. And when you award the contracts outside the county, you negate the multiplier effect within the county including the multiplier effect of sales tax.
Just think about that, our sales tax is higher than the bid preference. And what happened one time when I came in the board, the public works is going to buy some loader scraper bulldozer thing that was hundreds of thousands of dollars. They're going to buy it from Ventura and I said we have a cat dealer in Santa Maria. Well they, the board pulled back, they went to Santa Maria, Santa Maria got $30,000 in sales tax.
So the bottom line here is, and again I'm not blaming these guys because this goes back. I used to offer general services every year when this thing came up. You can come on our radio show for free. We'll do a half hour promo, local vendor, you explain what the process, they never did it. Chambers of Commerce are usually not the kind of people that are selling the tangible goods that they need.
They need to go to manufacturing industry and other types of businesses, and they've never done it. And we don't hardly have any retailers in CoLab so this was just important to us on principle. And the bottom line is that we commend the staffs trying to save the county money but they're ending up costing the regional economy more money than Just by virtue of sales tax and that multiplier effect, which is real because we've seen it. We've seen the fact that these local businesses hire people. They live here and they spend money here versus shipping the money outside. One last point I remember one time I met with Willie Brown and we talked about the signs, the road signs that Caltrans buys couldn't be manufactured in California.
Because of our environmental rigs and all that money was leaving us and you guys spending money here actually can help the local economy. And we think that the difference between the two is negligible once you do sales tax in the multiplier effect, thank you.
Good morning, I'm Joe Armendariz representing Santa Barbara County Taxpayers Association. All too often we stand around and act as though somehow we have no control over the cost of Government, the cost of regulation, the level of taxation. The Byzantine rules and green and red tape that we impose on our local vendors. If we're really concerned about local vendors why don't we have a special hearing on how to make it less expensive to do business in Santa Barbara County? That would seem like a rather logical idea. I think sometimes these issues while they are popular and I remember when Salud put this thing forward. We did something similar in the city of Carpinteria to advantage Business operators, it's a slippery slope though. Let me just step back 30,000 feet from a philosophical perspective.
I'm a free trader. I believe that consumers of the world should unite. Everything we buy has a cost obviously if we only want to buy domestically versus internationally keep in mind that sometimes that's going to cost you more money. Would you want this rule or this regulation imposed on you as an individual? Because you're considering imposing it on us collectively. You're saying to us, collectively we ought to spend more to do business but who in this room would want to be told by government? You have to spend more in order to buy the things you want. So I understand what Andy is saying completely. To the extent that our local vendors can provide a service, we ought to give them serious consideration. But I think a hearing like this should be a lot more comprehensive in terms of what are the benefits.
Sorry, old habits die hard Greg. Supervisor Hart I think articulated the zeitgeist of this issue which is what are the induced, the direct, the indirect, the multiplier benefits of this policy? That should be part of the presentation it seems to me and as Andy excluded you from culpability here because of your newness, Thin in terms of details, and I think this kind of discussion has to be a lot more comprehensive in order for us to really know what we want to do.
It seems to me that what we ought to be thinking about first and foremost is does the county have any money to spare? Your item before this one suggests that we do not. You're going to have an item coming up after this where it seems to me the emphasis is going to be on the cost, the negatives, the pessimistic view of oil and gas versus the opportunity for us to maximize our comparable advantages. In order to generate revenues so that we fully fund the essential programs and the essential services, the taxpayers of this county are entitled to.
I like the idea of advantaging local businesses but I especially like the idea of having a complete rethinking of what it means to do business in Santa Barbara County. So that the tax payers of Santa Barbara County don't have to spend more in order to get the things they want because the policy makers and Make it so expensive to do business. Thank you.
1:01 – 1:074 turns
Okay, Supervisor Williams?
Well I guess it's our fault if we go on either side of this issue from the sentiment of the last speaker. So I just want to put out the fact that I appreciate staff trying Look under every nook and cranny to save the county money. That is their job, and I appreciate that they brought this item to us. Even if this was the right change in policy, I would believe it would be very much the wrong time to make a change.
I've been participating in a, I love local business effort. And if you want to see our music video, you can go on Facebook. It's really easy and it's fun and all that sort of stuff. But there's a lot of our local businesses struggling out there. From what I've seen of larger studies on these kinds of policies, not ones particular to Santa Barbara County. On a 6% preference we're going to be paying something but we're not going to be paying 6% more. We're going to be paying a portion thereof typically and If in my view, you gotta keep the big picture in mind as I think Mr. Hart alluded to and Mr. Caldwell plainly pointed out that our tax revenues depend on local businesses surviving.
It's expensive to pay the kinds of prices, the cost of living in Santa Barbara County requires. And in my view it is short sighted for a government agency Make policies where we essentially just sort of race to the cheapest instead of thinking of the impact that it has on our community and the impact that it has on tax revenue in general. Furthermore, I just think We're not government telling people what to buy when we ourselves decide where to buy something from.
We are, in my view, more leading from example as if we ask people Then we probably should be buying local. And I know most of you, even on the other side believe this because at oil hearings what do you typically do? You go these people ought to be actually not buying oil if they preach against oil. Well, I actually agree with that. Their purchases should be a statement of their values.
And whether or not we think of it, I think other people process things that way and I would like the county's purchases to be a statement of our values. And I think that the policy as it was is a statement of our values. So I'd be open to changes, especially along the line of what Supervisor Hartman was talking about. Whether to extend it to some services even if it meant scaling down the advantage for goods but I don't think that right now is the right time to make a change on this because there's too many local businesses struggling.
First of all, government confiscates people's money and I think has an obligation to put it to the most efficient use. You know, it's not a matter of us setting an example because people can choose to have a different way of looking at the way they spend their money and that's their prerogative. But for us here we need to be able to justify spending people's money which was hard earned by them and then required of them to pay us so Do the things that we justifiably need to do and spend out in the most expeditious way.
And the second point here is, if we know that we're costing people more money to do business in this county. Then we should lower the cost of doing business in this county and not try to make it be some backwards way of looking at this thing where we try to pay the people who tried to do business in this county even though it's very difficult. And try and keep them in business in some artificial way, rather than have an organic system that functions properly.
And you put the money to its greatest value instead of trying to make somebody exist somewhere they really shouldn't be able to exist. And understanding full well that we're causing that. So, I'm not going to be supporting it today.
Supervisor Hartman?
1:07 – 1:1210 turns
Well first of all we're not the only county who gives preference to local business and second I think there's a big debate about why it costs more but land cost might be a start. It's very expensive to buy land in a highly desirable area like ours with the kind of climate I would just have a question. Currently our policy is to provide a 6% preference, right? And now we're allowing a bid... Just explain the difference between what we are now and what we're proposing for the future
Chair Lavinino and Supervisor Hartman, so currently on tangible goods, so typically anything over $25,000. If a non-local vendor were the lowest bid but there is a local vendor that is somewhere within 6%, that local vendor would get the bid. This would be a switch of that where the local vendor would have the opportunity to match the lowest bid.
Right, and I gather there's no legal issues with that in contracting so... And we're doing this as a means of getting more bids and trying to get more competitive bids even from our local people. Correct. Even from our local people. Correct I support giving it a go. If we did this, could you tell us over time if we are getting more bids? How do we know if this is a success in other words?
That's a fair question because we're trying to do so many things beyond just this to stimulate more participation. Having a direct correlation might be a little more difficult to pin down as we try to do our online bidding systems, which I do more outreach but we would be able to track how many times it's been utilized going forward. If there were X number of instances where the match took place, we could report that back.
And is there any comparison so that we know if there's been a change?
Well, we could say it hasn't been used much in the last few years. We don't actually have many statistics on that. We do know it happened to get triggered in January of all timing. It was I think a large vehicle purchase and there was a 6% margin premium that we paid on that. But we would be able to say going forward how many times it's been utilized. There hasn't been much of it being utilized in the past, we just know from third party communication feedback back to us that outside vendors haven't bid just because they can't beat a 6 percent margin.
Mr. Ghazani? Chair and supervisors, just responding to Supervisor Hartman's comment about being on sound legal footing yes the board has a lot of discretion in this area as to a local preference program for supplies this is not the same set rules that applies to for example construction contracts which must go to the lowest responsible bidder so you have a lot of discretion in this area
Supervisor Hart. Yeah, I agree as I said before that we can try this but I do think there needs to be a lot more robust data collection. Looking back to see what the multiplier effect and the benefit that sales tax brings to the county. So that we have a complete picture here, because there are two variables in this. There's the advantage of having local vendors doing local business and what that represents to our local economy in Santa Barbara County. The offset by the additional cost that this vendor preference may or may not engender by not having the bids from outside. And since you don't have a lot of bids from outside, we don't know what that is. I don't know how we could guess at that without trying it. But by trying it for a period of time, we'll know and we'll be able to do the math and compare these two things after say six months or year.
And I think if you do a robust job of looking backwards and extrapolating those other two elements will know whether this is plus or minus and I would authorize going forward under those terms. Supervisor Hartman?
Is that a motion?
Yes, I would make a motion to attempt this new vendor outreach process for six months trial period with the report back to the board that compared Previous experience including the benefit that sales taxes locally in Santa Barbara County, as well as the multiplier effect of having those dollars recirculating within the economy. As compared to the additional vendors we get with this outreach system without those benefits.
1:12 – 1:1610 turns
I would second that and I would also be interested in services. As we look at all the other counties, they include services so I would in six months like to look at that.
OK. CEO Miyasato?
Supervisors, just whatever your motion will be for Supervisor Hartman, we would like in six months or before then to come back to your board with more research if that's what you're saying.
Thank you. Okay, so the way I see it is I totally understand what Supervisor Adams saying. Actually everybody made sense. So I think our fiduciary responsibility to address that because I think that's important is when we talk about its taxpayer dollars and we have to go with the lowest bid. Lowest bid doesn't always in my mind mean it's the most financially sound decision to make especially in a case like this When we do talk about on large purchases, for example if it's vehicles.
Those sales tax dollars are coming back and staying here and we talk about multiplier effect in local business. So sometimes I think it is financially wiser if we spend a little bit more money but we kept it local. So I feel comfortable that we are still honoring our fiduciary responsibility even though we have a local vendor preference. I think the thing I'm most concerned about, and I think the other thing is we have to also keep perspective of this. We're talking about $142 million in contracts.
We're talking about a very thin slice of the pie so that folks don't think all county contracts don't go out to the lowest bid when a vast, vast majority of them do. So this is just for tangible goods. I think the most important aspect is the reporting, the data mining and the new vendor outreach that we're talking about doing. All those things need to be strengthened, and I would support moving forward with this just to see in six months what it really means and how it affects us.
I'm not sure that will really give us a proper window to look at but we can look at it in six months and see what kind of effect it's having if we want to move forward. I'm not 100% sold on going out to professional services, but I'd like to dig into what the legal aspects of that are as we can find that in the next six months when it comes back for the next go-round and also what that might look like. So
Mr. Guzzone? Chair and Supervisor Hart, I was just trying to understand based on the board's summer schedule whether the motion was actually a six months and then a cliff Okay, so I think we have a motion from Supervisor Hart, a second from Supervisor Hartman. So we will move forward with a roll call vote. Mr. Hart? Aye. Ms. Hartman? Aye. Mr Adams? No. Mr
Williams?
Mr. Lavinino.
Aye.
Passes 3-2. So what
we're going to do is take a 10 minute break, we'll come back at 1030 to start or 1025 and we'll start the oil and gas hearing. Oh! We have another item? Oh yeah we have home never mind I'm not taking a break forget it. I want to spend some money in Santa Maria let's go. Affordable housing. Item three Mr. Chaptian. No I don't need a break I want to spend some money in Santa Maria.
Mr. Allen can you read it in please?
1:16 – 1:2214 turns
Chairman you know members of the board I am three some community services it's a hearing to consider recommendation during approval of action plan substantial amendments and 1.4 million dollar loan consisting of one point 11498 federal home funds and two hundred eighty five thousand and twelve inclusionary housing ordinance in lieu funds to Sierra Madre cottages for the share marriage at moderate cottages in Santa Maria this is in the fifth district okay
mr. chapter
Good morning Chair Lavinino and members of the Board. My name is Dinah Lockhart and we're here today in consideration of funding for the Sierra Madre cottages to be constructed in the City of Santa Maria. Presenting today is Senior Housing Specialist Matt Kropke. We have Lori Baker, Grants and Program Manager in Santa Barbara. Of course George Chaptian in the audience as well.
Assisting Matt is our brand new staff person. He has just started with HCD. Ted Tiber has joined HCD staff just this month a graduate of UCSB. Ted comes to the county from New York where he practiced real estate and environmental law. As a Senior Housing Program Specialist, Ted will be focusing on CDBG and home projects.
And
now
we'll hear a presentation from Matt.
Good morning Chair Lauganino and members of the Board. People's Self Help Housing is requesting Federal Home Investment Partnership funds for Sierra Madre Cottage's development project HCD is recommending the board approve a loan of over $1.1 million in home funds and roughly $285,000 in inclusionary housing ordinance in lieu funds for a total of $1,400,000 loan to Sierra Madre Cottages LP.
The staff will return to the board on February 26th for approval and execution of the loan documents The county receives an annual allocation of home funds from the U.S. Department of Housing and Urban Development to be used to expand the supply of affordable housing to low-income households. Approval of the home funds for this project requires submission of an action plan substantial amendment to HUD following a 30 day public comment period and public hearing.
The public comment period was advertised in the Santa Barbara News Press, the Santa Maria Times, and the Lompoc Record as well as posted on the HCD website The public comment period ends at the conclusion of this public hearing. The Sierra Madre Cottage's property is located near 624 East Camino Calejo in Santa Maria. The proposed use of the property is to provide permanent housing for low income seniors.
The project will consist of 39 senior housing units plus one managers unit. This slide shows the development costs and financing sources for the project. The home in lieu loan amount of $1.4 million accounts for roughly 6% of the total estimated project costs. Of the 40 units, 9 will be income and rent restricted by the county for 20 years and 1 unit will be reserved as unrestricted manager's unit. 39 of the units at the property will be restricted by the low-income housing tax credit program for 55 years.
This is a summary of today's recommended actions. We're happy to answer any questions you might have. Additionally, Lori Baker our Grants and Program Manager is in Santa Barbara and Carlos Jimenez of People Self Help Housing is here to answer project related questions. Thank you this concludes the staff report. Thank You Supervisor Hart
Yes, I had a question about the affordability length of term. It appears like from the staff report that it's 20 years but there is reference to 55 years for the loan term. What is the affordability term?
Yes, Supervisor Hart through the Chair. The affordability term that we are placing on our nine specific units, seven which need to be home HUD units And two of which are county for the in-lieu fees. Those are going to be monitored by HCD staff for 20 years and that is the required amount of time that HUD requires us to monitor the home units because it is a 55 year tax credit property administered by the state program, all of the units in the property will need to be income restricted for 55 years and the term of the loan itself is 55 years
Okay, thank you. And then this is a residual receipts loan so the interest payments are only after the financial obligations of the project are met and there is a quote-unquote cash flow profit. My experience with the City of Santa Barbara is those loans oftentimes ultimately end up as grants at the end of the 55 year term. It's very difficult for a project to have a positive cash flow over that kind of time period Given the maintenance or costs that are going to escalate over time. Is that your experience as well? And if it's so, I mean it's a viable project. It's a great thing. It's necessary. It is important to do but I don't know if that's how you conceive of those things at this stage.
Supervisor Hart, through the Chair. We actually have a successful track record of receiving residual receipts on prior projects and have been pleasantly surprised I would say. It's predicted that we will not be taking in residual receipts on this particular project for several years down the road but we are hopeful. Additionally there is a monitoring fee to pay staff time to keep track of this project
So you're expecting that the residual payments will cover the interest. You'll have the principal due at the 55-year period, okay? And then that refinancing of it at some point and another extension of affordability at that stage.
Supervisor Hart, through the chair, that's exactly right.
Okay thank you.
1:22 – 1:3315 turns
I just had one question about the cost, the overall $23 million price tag. So if you break that out by amount of units it comes out to just under 600,000. Is there a benefit? Because I know that there's 40 homes that you could find in Santa Maria for under $585,000 What's the benefit of keeping the homes together and having the community shared space together, as opposed to taking that money and extending it further? And just going out and purchasing homes on the open market that would be considerably less.
The total price tag, the construction of the project itself is more like in the $9 million ballpark. And due to the financing and structure etc., that's where it runs up in that total dollar amount just to appear that high. Because much of the equity that will be coming into the project is through the low income housing tax credit program, Mr. Caldwell?
Chair Lavinino, members of the board, Andy Caldwell representing COLAB. Supervisor Lavinino your last question was our question but I didn't get the answer. I don't know if you got the answer. The bottom line here, what we've never understood and I got some complaints from people in Lompoc about this. The three most or three only affordable housing markets quote unquote affordable housing markets are Lompoc, Santa Maria and Guadalupe.
And yet, what we keep seeing is more and more affordable housing units being built in those already affordable housing markets using taxpayer dollars and or fees that developers paid. But where you really need the affordable housing in San Diego Valley and South County. And it doesn't make sense to us like I just looked that there's Several dozen homes, not small dinky little apartments but full-fledged homes for sale in Santa Maria for $420,000 or less.
And it just makes you wonder well if we're spending developers dollars and taxpayer dollars why wouldn't we buy them a full fledged home instead of a dinky little apartment? The other thing that's not clear is my understanding is typically with these kinds of projects, those properties aren't on the tax roll. We were just kind of talking about that in the last item.
There's a lot of things that government does, it ends up costing the taxpayers because these facilities use resources and they're not paying property tax. So we always kind of wonder if this is the best way to address affordable housing versus going back to Supervisor Adams point in last one is the rules and regulations in place. The cost of housing is a functional land. Well, the price of that land is incumbent on how high you build.
So for instance, if Santa Barbara got rid of its height restrictions, you could probably build more affordable housing in Santa Barbara because you're not using any more land and you're getting more units per acre. Nobody wants to talk about that. So I don't know, I just look at this one and I still like to see somebody break down the math. It's not clear to me how you could buy an existing brand new house for $180,000 less than this scheme?
If this is non-profit, the other one's for profit. There's no breakdown when they do these projects. How much is the developer making per square foot? What's the cost per square foot, you never see the breakdown on any of that and anybody that buys a house has a 30 year mortgage but the bottom line though still is it should a nonprofit shouldn't be costing more than a for profit project thank you.
Thank you Mr. Caldwell anything else? So I guess that's the bigger question but what we're talking about today is a loan, a $1.4 million loan to you know we're not doing the whole $23 million whether we'll ever see that money ever get paid back. I think Supervisor Hart kind of brought that up. You know, I think as part of this if I'm not mistaken though is the there's a common area as well that would be provided for seniors for folks to come in and provide services and those types things. So there's added benefit I think to having people in one location. I get that.
But it would be nice to see the actual breakdown of what this costs because it does seem, I know our portion of its $1 million or 1.4 actually but it just seems like the price tag is a little high for me. I know the need is great in the Santa Maria area for senior housing, especially those on fixed incomes. So this is something I will still support but I would like, you know, I think it's incumbent upon us and future as well is to look at the overall project not just our piece of the pie so Supervisor Hart?
Yeah, I would. I think this is incredibly important to have a big supportive affordable housing projects have a lot of experience in the city of Santa Barbara and to Mr Caldwell's point, the most dense housing developments in Santa Barbara County are being built in the city of Santa Barbara at densities That no other local jurisdiction would even begin to imagine doing 60, 70, 80 other proposals 90 units an acre. And they are tall and they are dense and they are extremely popular and efficient. And oftentimes they are the best developments in a neighborhood. They're the highest quality, they are architecturally the best looking And they are real assets in the community, so there are no downsides to building affordable housing. The folks who are going to live, the seniors that are going to live in this project can't go out and buy the homes that we're talking about that are on the marketplace.
They don't have an income stream that would support those mortgage payments. That isn't a choice, it's a fake choice between those two items. There is a legitimate question about could you do it differently in a different world if Affordable housing programs were structured in a different way, but they're not. This is how affordable housing projects in the state of California are financed and structured. This is the way the State Tax Credits Program works We're taking 1.4 million dollars of local dollars and leveraging it to create a 23 million dollar housing asset in Santa Maria that's going to be affordably controlled for 55 years and then beyond that when those Loans are due, they'll likely be extended and continued. So this is leveraging local tax dollars in a massively significant beneficial way.
It's a great project and I would make a motion to approve items A, B, C, and D on the staff report.
We have a motion. Second. And a second. Supervisor Adams? And then Supervisor Williams?
If memory serves me, this project cost $600,000 a door. That's extreme cost per square foot. To me that's nuts. I hope it is architecturally pleasing because that may be all anybody gets out of it. I don't know. I won't be supporting. Thank you. Supervisor Williams?
Well, I'm going to support it but I have the same heartburn. I do think that even in the city of Santa Barbara, I see much more lower cost per unit on affordable housing developments or at least I did when I was on the city council, which by the way as evidenced by Supervisor Hart's knowledge is a great training ground on affordable housing units because you see a lot of projects move through this system or at least we used to.
And the only thing I want to add is I completely agree with Mr. Caldwell's point that these units are needed much more in the south and we need to be finding sites in the south To be doing some of more of these projects because we know unfortunately used to depend too much on the city of Santa Barbara's program, the city of Santa Barbara's program has slowed down because a lack of cash. We need to step up more both in Carpinteria, Santa Barbara and elsewhere.
Okay, we have a motion and second roll call please.
Mr Hart? Aye. Ms Hartman? Aye. Mr Adam?
No.
Mr Williams?
Hi,
Mr. Lavagnino passes 4 to 1.
Okay we'll take our 10 minute break now and then we will return for the oil and gas hearing ♪
1:33 – 1:371 turns
Music playing Hello, everyone. Music playing You. You. Thank you. You.
1:39 – 1:421 turns
Oh All right, let's reconvene this meeting of the Board of Supervisors and we'll go to item number four.
1:42 – 1:587 turns
Chair Lavigno, members of the board, I'd like for us in planning and development it's a hearing to consider recommendations regarding a briefing on oil and gas development in Sonoma County and compliance status of oil and gas operations
within the county.
Good
morning Mr. Chair, members of the board I will be giving the presentation with me is Erin Briggs of the Energy Division Compliance Supervisor and Diane Black. So today's briefing, just kind of a quick overview. I'll be giving kind of an updated status on onshore and offshore oil and gas existing development and anything that's been proposed as new or that we're processing. I'll also give you an updated status on the compliance and inspection results.
Last time your board heard this was in December 2017. We've augmented the report a little more comprehensive and have reached out to Environmental Health Services as well as two state agencies, the Division of Oil and Gas and Geothermal Resources or DOGR and the Regional Water Quality Control Board so providing some of the inspection results that they've done in the last 2 years. And lastly I'll give an overview of the federal oil and gas leasing programs for which there have been 2 in the Santa Barbara County area.
So this map shows the location of a majority of where the Ontario oil and gas development is. Primarily it's located, well almost all in North County and most of it in the Santa Maria Valley, Canyon area, Orchid, and there are actually some as well in the Cuyama area. Since the last six or seven years ago, we've seen a kind of a change. Some smaller operators have been purchasing some of the leases from some of the larger oil companies such as Shell, Texaco, Exxon and so we have a couple applications that we are currently processing with smaller ones which are using some alternative ways cyclic steam to get some other resources out that weren't obtained before and I'll go over those later on this presentation This just shows most of the facilities in Santa Barbara County is offshore.
There are 16 offshore platforms that are located adjacent to Santa Barbara County, eight of which have been or currently were sending product to onshore facilities which are under the jurisdiction of the Fire Department, Planning and Development, and APCD. There's another eight facilities which are further south located off of Carpinteria and Ventura County There's another four located further south off Ventura and Oxnard, two of which also send product up to the carpentry onshore facilities.
In addition, there's two major pipelines, significant pipeline systems that transport crude within the county and beyond until its rupture and cessation in May of 2015. The Plains Pipeline Segment 901 which is along the Gaviota Coast. And then there's a second segment referred to as Line 903 which transports oil from the Los Flores Canyon facility or did at the time out to the county and ultimately out to the Pentland Station in Kern County.
Another pipeline system is the Line 300, which is the Phillips 66 line. It starts at the Lompoc Oil and Gas Facility and heads north, transports oil from the Point Peninales Project and other onshore oil and gas production and takes it to the Santa Maria Refinery in San Luis Obispo County And lastly, there's a Phillips 66 San Maria pump station which gathers oil from various onshore producers that truck to that facility. And then from there, that oil can be entered into line 300 and transported north as well.
The next couple slides are just going to give a kind of overview or summary of some of the conclusions of the inspection results. So for the planning development, the petroleum staff they inspect over 2400 existing wells and 125 related facilities over the four year period from 2015 to 2018. They issued 156 violations 134 which were directed towards one single operator.
A high was 65 violations were identified in 2017. And as a result, in 2017 and 18 approximately $154,000 were collected in total related to penalties that were associated with the notice of termination of fines following up from the notice of violations that were issued. This briefly summarizes the fire department over the four-year period approximately 140 facilities are inspected annually. 732 violations were issued over the four year period, a high of 381 violations were issued in 2016 most of the violations that are issued by the fire department we're considered relatively minor in nature and were corrected in a timely manner With respect to the Air Pollution Control District, over the four-year period they inspect approximately 70 stationary sources throughout the county.
250 violations were issued over the four year period. A high of 71 violations were issued in 2016. 125, approximately half of the violations were issued to a single operator over that four year period. Approximately $466,000 have been collected in fines in 2017 and Associated with the notice of violations that were issued by the Air Pollution Control District.
Spill statistics, this slide summarizes spills that were reported and were observed by the fire department and the petroleum unit over the four year period. So over four years there was 34 spills reported. None of the spills impacted any of the active waterways. Spills ranged in size from one barrel to 150 barrels. In 2018, had the highest spill volume was approximately 230 acres total of produced water and oil.
The largest bill was 150 barrels of crude oil that occurred at the E&B facility in Quiama as a result frozen valve that froze because of low temperatures. There was water in the line, the spill was confined to the secondary containment area like I said it was that resulted that spill occurred in late 2018 since that time that case has been closed it was cleaned up so Environmental health inspections, just briefly. They inspected 29 facilities in the two-year period.
Ten violations were issued in total over the two year period. Three were issued to just a single operator. Most of the violations that they identified were considered relatively minor nature as well and corrected in a timely manner. Division of Oil and Gas and Geothermal Resources, we obtained some data from them. So they inspected approximately 500 facilities in a two-year period of time. 196 violations were issued over that two year period.
68 of those violations were issued to a single operator, HVI Cat Canyon. And examples of the violations issued are related to spills, environmental lease inspection violations which could be faded signs or vegetation and containment areas. And also as other examples would be underground injection control tests that are not done overdue, not failure just overdue and non-compliant berms around tanks are examples of some of the violations they identified.
In regards to the Regional Water Quality Control Board, two violations were issued in the two oil and gas related activities. One was HVI Cat Canyon that was a failure to submit a technical report detailing the potential injection well casing breach and another one was related to the Gaviota Terminal Company. That site is currently ongoing restoration And they were cited for work activities within Alcatraz Creek that exceeded the scope of approved work plan.
Lastly, the one related to the HVI Cat Canyon, the Regional Water Quality Control Board is still working with HVI Cat Canyon to obtain additional information to understand the scope of that well failure. Next is I'm going to go over the status of some existing projects and ones, just kind of give you an update. Vinico which used to have the platform holly and onshore facility as well as pipelines that related to them and two piers. Currently there's off Galena Beach there are two piers with two wells and those are currently being abandoned by the state lands commission for which they've taken control over this property.
Those two peers, the plug and abandonment I think is going to begin work next week for the plug and abandonment of those two sites. Next they'll go out to Platform Holly. There's approximately 30 wells on Platform Holly. The State Lands Commission plans to plug and abandon about one maybe two wells a month so that process will take quite awhile. All that fluid will be sent to the Elwood Onshore Facility.
From there, it will be trucked out. In the meantime, the platform hauling will be invisible for next couple years while they're doing that work. With regards to the Plains Pipeline, the pipeline remains empty and still shut in. The Plains Pipeline submitted an application to reconstruct the pipeline. That status of that application is that well earlier today your board approved the environmental contract to commence work on the environmental impact report as well as the environmental impact statement as portions of the pipeline also cross federal land board Bureau of Land Management so the EIR contract will commence shortly after now and we'll start that.
Exxon Las Flores Canyon, the processing facility as well as the three offshore platforms are currently shut down as well. As a result of the plane's pipeline as they relied on that to transport their oil out. They have submitted an application to begin trucking the oil, well transport the oil via trucking until the planes pipeline is available. It's part of a phase starting it would just be a portion of oil not their entire production but a portion of it so that they can begin at least some processing and transportation of oil to their destinations The status of that application is that staff is working on an environmental impact report and that EIR will be released for public review in March, next month.
Two more of the projects, the Puerto Guayo project. Currently that project is also shut in and as a result the applicant or Freeport-McMoran, the operator has contacted staff and they've indicated to staff that they are planning to shutdown and decommission both the offshore platforms as well as the onshore facilities. We have yet to receive an application for the reclamation and demolition of that facility.
Freeport-MacMoran has indicated that that application will be submitted either late 2019 or early 2020. Lastly, the Point Pit Analysis Projects. That's also operated by Freeport-MacMoran. Platform Irene and Lumpoc Oil & Gas Facility remain operational. They were not affected by the Plains shutdown so they've continued to operate. Going back to this figure, just wanted to show you that we do have currently three applications for production of onshore oil and gas in the several fields here. The first one is the Arrow Project which proposes 296 wells. The EIR was released in late 2018.
The comment period ended in January and currently staff is reviewing the comments and will begin working on finalizing any IR and the staff report that is planned to go for the Planning Commission this summer. Another project is the ERG resources, proposing 233 wells. That project is planned to go before the Planning Commission in March 13th so approximately one month from now that will be considered by the Planning Commission.
Lastly is the Petro-Rock Facility Project Proposes 231 wells, that EIR is currently in progress and working with a consultant to move that forward in the permitting as well. I'd like to talk briefly about the Underground Injection Control Aquifer Exemptions. It's responsibility of the DOGGR and Regional Water Quality Control Board to review and prepare the aquifer exemptions. Currently there are several here in Santa Barbara County, one is the Cat Canyon Oil Field. An exemption application is planned to be released later this month and that will go out for a public review period of approximately 45 days.
In regards to the Lompoc oil field, the main area of the Lompoc oil field, the aquifer exemption area. All current injection is confined to the approved Monterey Formation. However in the northwest area an application is currently under review by the Regional Water Quality Control Board to review a request to perhaps inject into the northwest portion of that field boundary.
With regards to the Kazmiri and Zacher oil fields, current injection activities are all located within the exempted aquifers. These exemptions were processed back in the 1980s so they're consistent with that. I understand DOGGR has received another request to perhaps do another aquifer exemption in the Kazmiri field and that they will begin preparing the application for public comment as they get more information on that request.
Supervisor Hartman has a question.
This is somewhat new to me and I just wonder if you could back up and just describe the process for exemptions and why it's allowed, why it's important, and what the county's role is in this process?
Mr. Chair, Supervisor Hartman. So the underground injection regulations are regulated by the EPA and essentially what it is is there's a process in which mining companies or oil and gas companies can request that they take their produced fluids such as some of the produced water from the oil and gas operation And that they can send it back into certain aquifers if they meet special criteria. Typically the criteria is that it has to have above 3,000 total dissolved solids and so anything between 3000 and 10,000 TDS is where they can submit a request for an aquifer exemption. If it's below the 3000 total dissolved solids then I think it's not allowed because I think that's kind of considered a safe drinking water.
And anything over 10000 I think is automatically exempted as I understand it. So that application, usually the information is gained by it might be several oil and gas operators. And they provide the information, they do kind of the groundwork for the Regional Water Quality Control Board and DOGGR. They review the applications and then they submit actually those state agencies submit the application to the EPA as in asking for an exemption to be allowed to send their produced fluids into a certain section of the groundwater that meets that criteria.
So with the county, we don't really get involved in that process. It's done at the state level. However there is a public comment period where the county can comment on those applications.
1:58 – 2:036 turns
And do we typically do that? And are there ever violations of this or does EPA monitor it or the regional board?
So Mr. Chair, Supervisor Hartman, we have typically not got involved too much in the comment period in this area. I don't believe there's been any violations. I believe in another area of California, I think it was Kern County where there was some issues with the underground injection and whether it was done correctly and whether it was located in an area that should have been but it hasn't occurred here in Santa Barbara County.
One final question if I may. This is an exemption so there's not really an environmental analysis that is done ahead of time?
My understanding in talking with DOGGR as well is that the application review, the public comment period is part of that environmental review. That's all the environmental information that backs or supports whether the request to exempt that portion of the Aquifer boundary has to be information to support that and during that public comment period is where that information is provided.
Okay, I think I concluded with this slide. Just lastly, Kazmin and Zocker oil fields all the injection activities are currently within exempted aquifers. A couple of other things just to briefly note. In July 2017 under the direction of the Trump administration, the U.S. Department of Interior's Bureau of Ocean Energy Management or BOEM initiated a development of a new Outer Continental Shelf OCS leasing program for the period of 2019 and 2024 which would have replaced the existing one of 2017 and 2022.
The new program is intended to consider, among other things the potential for issuance of leases in the Pacific OCS region including offshore California. It's a lengthy multi-step federal process that has numerous opportunities for public comment Staff provided comments in 2017 on the initial request by BOEM. The next step is to release a public document for the leasing program, which would be available for review and comment. It's uncertain because of the federal government shutdown when that will be released. I think it's planned for this year 2019, probably later maybe summer or fall.
In 2018 the Bureau of Land Management, they sent out a notice of intent for solicit comments on the preparation of a supplemental EIS. The EIS would analyze impacts of hydraulic fracturing technology on public lands and mineral estates in the central portion of California. This would cover a lot of the counties that are located within the Central California area. Approximately 400,000 acres, portions of which are in Santa Barbara County. Again similar to the OCS program it's a multi-step federal process. There will be numerous opportunities for public comment and the next step would be for a public comment review on a draft supplemental EIS which I believe is planned for release again later this year 2019. And this concludes my presentation today.
Do we have any questions from board members for staff at this point? Supervisor Williams.
I do. Go ahead. Issues that I just wanted to follow up from the conversation that the Assembly Natural Resources Committee and county staff had a couple years ago with the spill, and one of those is that I think we pointed out some deficiencies in the safety of the pipeline and, of course, I would expect that anybody who thinks they have a prayer of approving such a thing would address those safety issues. But we also examined some insufficiencies on oil spill response, specifically one comes to mind to me is the ability to address spills in the near shore environment and at night.
Remember the assets for the cleanup left for the night and came back the next morning by which time the spill had gotten much larger. What steps do we have to take In order to make sure that any future spill must have night fighting capability and near shore cleanup capability.
2:03 – 2:1118 turns
Mr. Chair, Supervisor Williams I'll give a brief response and then maybe Mr. Guzzone may chime in as well. Currently right now the Office of Emergency Management is preparing a county oil spill contingency plan it's an update to the existing plan And so they're currently working on that and through that plan would be provisions for situations perhaps that Mr. Williams discussed as far as what the county can do and react when a spill occurs, and there's effects of it during the nighttime. So we do have a County Oil Spill Contingency Plan and that's currently going through an update process right now through OEM.
So essentially we can't force that to happen until we update our own
plan.
Supervisors, we did provide to your after action report after the refugio oil spill with different actions and some of it was having pre-staged resources. I can't remember specifically how much and where but that was one part of it. The Oil Spill Contingency Plan which will come to you in March will have more detail and I'm looking at Mr. Pontes if he has any further information.
He says no.
And I'll
just add
that we are working closely with the Office of Emergency Management on the contingency plan. But in response to Supervisor Williams' question, that does not preclude other activities that have been going on which is coordination with the Coast Guard for example, recurring command exercises and you could actually have field exercises with that and they're on a recurring schedule So the county is now precluded from working closely with the Coast Guard while the oil spill contingency plan is being updated.
And Mr Pontus, if Mr Lewin is understandably preparing for future storm events and other issues could you just give him a heads up that this is something that I hope is in the preparation of the plan and would want to hear back at the March hearing?
Will do.
Great
thank you. I had a question, Mr. Zurovich about the spills. Did we have any that were out? You said the E&B one was in secondary containment. Did any of our spills over these last four years in this reportable period, was it four years or in the last year, anything get outside of containment?
So Mr. Chair, I think the short answer would be no. The major spills that were around in tanks that had a secondary containment area were all confined to the containment area but there are certain spills that happen along a pipeline which don't necessarily have a design containment area but those spills they didn't They weren't large enough to go into any open water or into a creek or result in flows into a waterway. So they were either confined into a secondary containment area, or the smaller ones were small enough to where they didn't go into an open waterway.
Supervisor Adam?
Yeah I just want to say that the biggest thing that happened last time was the contractor who showed up to stop the spill and was on site within 45 minutes of the spill being understood it actually happened, was prevented from stopping it by the feds who didn't want anybody to do anything until they got here. And so if you're not prepared or with permission I guess ahead of time from the feds to do the best you can until they get here then it's kind Superfluous to talk about somebody doing something at night because nobody could do anything until the next day because the feds didn't have their picnic tables set up. So I think that's what we really need to pursue right upfront is the ability to just do the best we can until they get setup which would've been pretty damn good as it turned
out. And I think we are bringing back spill contingency plan in March, okay very good. So, let's go to public comment. Mr. Allen?
Chair Lavagnino, members of the board we have five requests to speak. We'll start in Santa Barbara with Linda Kropp and then we'll come back to Santa Maria for Judy Birch.
Thank you and good morning. I'm Linda Kropp, Chief Counsel of the Environmental Defense Center. Thank you so much for having this briefing. I want to first address a couple additional items to include in the briefing and then some requests we have. So first of all with respect to what's happening offshore, the briefing should be updated to note that with respect to the Offshore Leasing Program The draft proposed program was already released and commented on last year. What we're waiting for, which could be imminently released is the proposed program in the draft environmental impact statement. With respect to offshore fracking and acidizing as a result of our litigation there will be state consistency review by the California Coastal Commission and the county can participate in that process.
There's also a draft programmatic environmental assessment regarding other types of drilling from the platforms that we hope the county will participate in that process as well. And I'm glad that the Refugio oil spill was brought up, we have been actively involved in the update for the Oil Spill Contingency Plan, there's the County's plan, there's also a federal plan so it's important that both of those address these issues and there's also the Natural Resource Damage Assessment Process which can provide some The rest of my comments are going to address some requests for new or changed action by the county. First of all, as we mentioned at the last briefing, we're concerned about companies going bankrupt and leaving the county or other agencies or taxpayers responsible for abandonment and decommissioning and remediation.
The state and federal agencies require Sellers and transfer oars to retain liability for those activities in state and federal waters. And we'd like to see the county consider an ordinance through its land use permitting authority to do the same so that we are not left holding the bag. Second, we'd like to see the Energy and Climate Action Plan expanded to include stationary sources. This came to light with respect to the proposed onshore oil projects which are going to be significant emitters of greenhouse gas emissions at a time when the county is already falling short of its target.
These facilities are regulated by the county under its land use authority which actually has a stricter CEQA threshold than APCD so it's really important that they be included in the plan We would like the county to hire a full-time oil spill prevention and response coordinator. This position has been vacant for over a year now. It's necessary for the planning that we're talking about, for coordinating with the other agencies, for providing the training and drills. One of the things that Supervisor Adam mentioned was that the county was stymied. What we're talking about is having the county certified by the Coast Guard to be a first responder, that's a whole nother suite of obligations and responsibilities and planning so we would like the county to replace that position.
And finally, we would like to have these briefings held annually. We think they are very informative for both the public and the board. Thank you.
Thank you. Judy if you could just hold off for one second we're going to go to Brian Troutwine in Santa Barbara and the balance of the speakers in Santa Barbara then we'll come back to Sue Santa Maria thanks Mr. Troutwine
2:11 – 2:164 turns
Thank you very much and good morning. I'm Brian Troutwine, analyst with the Environmental Defense Center. I'll be discussing two serious problems with onshore oil not adequately discussed in the staff report. The first issue is soil contamination. There are at least 23 contaminated ARA and ERG sites in Cat Canyon. If their projects are approved, the sites will not be cleaned up until decommissioning 30 to 50 years or longer. Cleanup can't wait that long. These are dangerous levels of hydrocarbons Carcinogenic volatile organic compounds and metals such as chromium, cobalt, lead, mercury, nickel, vanadium, benzene, toluene and naphthalene. Unless cleaned up this contamination can spread by wind, water off gassing to the atmosphere and through the food chain.
There are 255,000 cubic yards of contaminated soil on Arra's site alone. That's a football field 153 feet deep over 7,000 to 11,000 truckloads which will have to be hauled offsite. Arra says it wants to reuse the soil onsite to build roads but it lacks regional board approval and it shouldn't be reused onsite. It should be remediated ASAP. The only way to expedite cleanup is to stop approving oil projects and require cleanup upon discovery.
The second major issue is fires. During climate change, fires and floods are severe natural disasters that threaten life and property. Continued oil development will make this worse. Oil projects also directly start fires like the 2016 Cat Fire and the 2017 Lease Fire in Cat Canyon. The county's incident reports find that ERG did not clear vegetation around its power poles and the old fuses sparked and emitted molten material into the vegetation.
Now, county fire response times are greater than five to six minutes, the standard county response time but we got lucky in those two instances. Winds were not severe, the fires didn't start at night And we had air support. But given climate change, this danger will get worse. Approval of the Cat Canyon projects will worsen climate change and increase life-threatening fires.
In conclusion when you think about oil projects, think about the impacts of delaying site cleanup. Impacts to our dwindling water supplies and to human health. Think about the danger of increased fires and climate change caused by oil development. These issues should be better addressed in next year's briefing through coordination with County Fire and County Environmental Health Services Site Mitigation Unit.
Scientists say we have as little as ten years to transition away from fossil fuels, to avert a worldwide disaster. Approval of oil projects is no longer supportable. The future of the world and our future generations hang in the balance. Thank you very much.
Next speaker is Lauren Lankenau to be followed by Tara Messing.
Hello, I'm Lauren Lankenau. I am a fourth-year double major in Environmental Studies and Geography at UC Santa Barbara. I am also an intern at the Environmental Defense Center. Fossil fuels need to stay in the ground. As it is, the Earth is already warming, the climate is already changing, and the effects are already observable. The oceans are warming and acidifying, ice sheets are shrinking, sea levels are rising, and weather events are intensifying. Continuing to perpetuate this will only exacerbate the issue.
It has already been established that the impacts of emissions from fossil fuel burning do not only stay local. While burning does have immediate effects on air quality, the bigger problem is its climate forcing potential. Not only does carbon dioxide itself warm the atmosphere, but it also sparks a positive feedback loop of warming. Essentially increasing CO2 warms the atmosphere which increases evaporation. Since water vapor itself is a greenhouse gas this leads to more warming and more evaporation thus restarting the loop Each CO2 molecule has the potential to initiate this loop for the 20-200 years it stays in the atmosphere. Even with zero emissions, the Earth will continue heating.
According to a recent report published by NASA on February 6, just last week, Earth's global surface temperature in 2018 was the fourth warmest since 1880, ranking behind 2016, 2017 and 2015. Since any increase in greenhouse gas emissions will have an impact on global climate change it is evident that we need to take more decisive action by adopting a zero-emissions threshold for evaluating oil projects.
Tara Messing and then we'll hear from Alicia Rossler.
2:17 – 2:236 turns
Good morning, my name is Tara Messing and I'm a staff attorney at the Environmental Defense Center. My testimony pertains to the following two categories of information omitted from or inadequately addressed in the county's oil and gas briefing. First, the aquifer exemption process and wastewater injection wells and second trucking In order to accurately provide the public and the board with a comprehensive report on oil and gas development in our county, the briefing must set forth additional details regarding these two activities as both are critical elements of oil and gas projects with potentially significant impacts on the environment and public health and safety.
First, the briefing must provide additional information about the aquifer exemption process and the currently pending aquifer exemption at Cat Canyon. Aquifer exemptions allow underground sources of water to be used by energy companies for disposal purposes in compliance with EPA's UIC requirements under the Safe Drinking Water Act. The process for an exemption begins with DOGGR and the State Water Board concurring that an aquifer meets certain criteria.
The request for the exemption is sent to EPA which makes the final determination. Between 2011 and 2014, DOGGR became aware that it had issued permits for potentially thousands of oil and gas wells injecting into non-exempt aquifers. The briefing must quantify the number of injection wells in the county that had previously discharged produced wastewater and other contaminants illegally into underground aquifers.
As set forth in EDC's comments on the ERG Draft EIR, one of ERG's injection wells in Cat Canyon illegally discharged wastewater into a non-exempt aquifer. Past illegal injections of waste into aquifers that may be suitable for drinking water supply and other beneficial uses pose a potential threat to human health and potential impacts to water quality. For this reason prior unauthorized wastewater disposal must be disclosed in the briefing.
Currently, an aquifer exemption for the Sisquaka Monterey Formation in Keck Canyon is pending approval. We strongly encourage the County to monitor and comment on the Aquifer Exemption proposal when the comment period begins. The briefing also omitted information about the number of wastewater injection wells in the county, the types of chemicals injected into underground aquifers, the volume of produced water Injected underground and whether any breaches into underground sources of drinking water have occurred from the re-injection of wastewater.
In a DOGGR report dated January 25, 2018 it was reported that Santa Barbara County has a total of 115 disposal wells to support the 917 enhanced oil recovery wells. The county has the highest number of disposal wells in California other than Kern County which has a whopping 1,330 disposal wells to service its 45,100 EOR wells The briefing must set forth the information described above and assess why such a high number of injection wells have been permitted in the county. I also briefly want to set forth our request that the briefing disclose information about trucking involved with oil and gas projects. Trucking is a major component of oil and gas projects that can have serious impacts on wildlife and habitats as well as public safety.
As such, the briefing must disclose the number of trucks on local roadways to support oil and gas projects. Accident rates, the types of chemicals and hazardous materials carried by these trucks, and roadway damage caused by heavy trucks and corresponding cost to repair the roads. Thank you very much for your time.
Thank you.
Yep, thank you.
Alicia Rossler then we'll come back to Senator for Judy Birch
Good morning, I'm Alicia Rossler, Staff Attorney for the Environmental Defense Center. We appreciate the briefing's more comprehensive disclosure of all the agencies that provide oversight and enforcement for Santa Barbara's oil and gas projects. For example, the briefing now includes information concerning inspections and violations from the Department of Oil and Gas and Geothermal Resources, otherwise known as DOGGR, the county's Environmental Health Services, and Regional Water Quality Control Board. However, it would be helpful to have more information about the nature and frequency of the inspections and violations.
For example, P&D's Petroleum Unit, the Fire Department Inspections, AHS and DOGGR, the briefing only discloses how many facilities and wells were inspected for each operator. But it fails to disclose how many facilities or wells each operator owns and whether all of the oil operators' facilities and wells were inspected and how often. There is also very little information provided to the public in the report about the nature of violations.
For example, we've seen a tremendous increase of enhanced oil recovery projects using thermal extraction techniques. And these types of oil projects use a much riskier and more energy intensive method of extraction than conventional oil projects due to steaming and acidizing chemicals as well as produce a tremendous amount of wastewater that they inject back into our aquifer. It would be helpful to know how many of these violations are related to enhanced oil recovery or operations?
PCC, VCARA and ERG who operate extensive EOR operations in our county are consistently among the top violators across almost all of the reports for spills and violations. Right below Greca, of course. This would provide valuable information to the public and decision makers in evaluating the impacts of approving several of the future EOR projects in the county.
I'd also like to briefly comment on disclosure of freshwater use. The briefing should also consider disclosing the total fresh water consumption of all of the county's oil and gas projects, and its impact on the county's freshwater supply, particularly in light of recent drought conditions. While much attention is given to whether EOR projects use freshwater for steaming, it often goes unknown that these projects require a significant amount of fresh water for drilling, well clean out, well completions, acidizing and other well maintenance.
Even the oil briefings description only makes mention they don't use local groundwater yet many of these projects use a significant amount of freshwater this should be disclosed. For example, both ERA and ERG's project failed to adequately disclose the freshwater consumption. Yet they'll each be relying on local groundwater support their projects. ERG's draft year estimated that each well would require one work over a year. According to notices found on DOGGR, the amount of fresh water required for a one-time acidizing treatment was 2,400 barrels or 100,800 gallons.
Okay, thank you.
Back to Senator Judy Birch, be followed by Joe Armendariz.
2:23 – 2:295 turns
Good morning. I wish I was a little better prepared today, but I'll do my best. I found that the three agencies of inspection and regulations informed planning and development that there were no noteworthy code enforcement violations But I want to point out that we have violations because they represent danger. All the major fossil fuel disasters were due to violations, oil and gas will continue to violate when fines are so small they become a cost of doing business and not a deterrent And of the non-compliant practices, not all are discovered. When they are discovered they're not enforced due to inadequate funding, not enough inspections for example, not enough staff to do it.
Additionally there are more methane emissions than previously thought according to Science Magazine they're up to 60% more due to misdetection such as California, Colorado, New York and Pennsylvania There's just a lot of methane and it's worse than CO2. I wanted to comment also on the aquifer exemptions that have been talked about because I think that there shouldn't be exemptions for hardly anything, because a lot of what we consider sacrificed water could be regenerated in the future with desalination or newly invented processes to recover the water.
So that I don't like either. I am against the project, I'm against pipelines to distribute in the trucking building new stuff when we should be concentrating on Alternative energy in the future there are cities all over the US and the world that are discovering new ways of setting things up to get alternative energy going. And to keep doing something this dirty, and to just be talking about mitigations which only reduce severity of disasters I don't know why we're even bothering to do that.
To me, it's like the tobacco industry back early in the 60s. They knew what they were doing and they did it anyway and the oil and gas industry knew in the 80s that what they were doing was dangerous to the climate. Initially, they tried to do something about it now they just try to cover it up so we have climate change to worry about. That's it.
Thank you.
Joe Armendariz to be followed by Andy Caldwell.
Members of the Board, I'm Joe Armendarz representing Santa Barbara County Taxpayers Association. I wish we had an economic defense center in Santa Barbara County, and I wish that these type of hearings would focus on the glass is half full. Because the pessimism, the negativity that exudes from the environmental left in Santa Barbara County is tedious and it's tiring.
Notwithstanding the slanderous comments of the prior speaker, I think it's important to point out that even as fossil fuel production has grown substantially over the last several years, methane production is actually down. My dad is an old life insurance salesman and he used to tell me no matter what the problem I had in life, it could be helped by selling another life insurance policy.
And what he was of course saying was, there's no problem we have that more money can't contribute to its solution. The fact of the matter is our oil and gas sector is a dynamic sector with the potential to throw off tens of millions of revenue on an annual basis. What are the real crises facing the body politic of Santa Barbara County? I will submit that it's crime. What is the solution for crime?
More money for public safety. I would submit that it's the future upward mobility of our kids and their competitiveness in a 21st century economy. What's the solution for that? Fully funding our schools. How about gridlock, and traffic, and congestion? What's the solution for that? More revenue for our Public Works departments. This industry is something that should be celebrated Maximized, encouraged and empowered. And I would submit to you something else. This type of hearing which focuses on the regulatory regime that we've established in Santa Barbara County indeed statewide is not taking place anywhere else in the world. I would submit that you don't have these types of hearings going on in Russia. You don't have these types of hearings going on in Iran or Iraq or Angola or certainly not Venezuela.
Maybe you might have hearings like this going on in Canada Because the fact of the matter is, is the way we are producing oil and gas reserves and supplies in Santa Barbara County is bar none the most superior clean and ethical place to do it anywhere in the world. And that should be the narrative of this hearing today. We shouldn't be dragging the industry up to some sort of a political tribunal and treating them as though they're guilty until proven innocent.
I don't object to the scrutiny that we're subjecting them to as it relates to health and safety, but I would submit to you something else. You impose or you subject any industry to a fine tooth comb of regulatory oversight, you're going to find violations. Thank you.
Andy Caldwell. And then we'll hear from Larry Bishop who's our final speaker.
2:29 – 2:364 turns
Chair Lavinino, members of the board. Andy Caldwell representing COLAB. Since EDC gave you their wish list I'll give you mine. Number one, I wish you would separate out GRECA from or whatever their name is now from all the other operators because they gave all the other operators a black eye No offense to Greta, but they did. I hope they cleaned up their act a bit. The bottom line is the rest of the industry's record is absolutely stellar if you filter out that one company's foibles over the last couple years.
Point number two, a couple years ago I had a marine biologist from UCSB which is not exactly a pro-oil institution Telling me if they remove the rigs, the legs of the rigs. It would be the largest wholesale slaughter of marine life in the history of California. Tens of millions of organisms are on those legs and attracted to the ecosystem that thing provides. So I think that you guys need to weigh in, to leave the legs in place as these offshore rigs get decommissioned and removed because it's a literal wonderland under there for sea life.
The other thing I want to bring up is nature of violations. Your staff does a good job in this report and it's thorough, but the nature of violation sometimes it's something like not having an exit sign or not having the fire extinguisher marked correctly. A few years ago, probably 20 years ago, I went on a little road show with a meter This was the meter used by the APCD to monitor leaks out in a field, flange leaks, valve leaks and things like that.
Well our demonstration project was bringing a bottle of alcohol, a magic marker, a bottle of whiteout and a bottle of perfume they all pegged the meter Because they all had oil-based products, or they were oil-based products. Or the content of the same was emitting the same type of gas that wasn't allowed out in a field that somebody in an office or their home, they're triggering that same meter, that same violation every day.
So what I'm trying to say here is we need to put, even if you separate out Greca then you need to put the rest of them in context of what we're actually talking about. And I think it was great news. The industry should be patted on the back that there was no spills out of containment, no spills into creeks or waterways. The other thing, two other things. Seats I'd like to get a seat report we're hearing for people down in Goleta that the seats have not been this bad for decades and again we want to blame everything on the oil industry mother nature's the biggest polluter out there that we've got finally I got a call from somebody in Hope Ranch those bluffs the seats and the emissions off that bluff are driving these people crazy and we'd like you guys to do something about it thank you
That concludes public comment.
Thank you for this opportunity to comment on this report, and thank you to the Planning Department for accumulating all of this information regarding compliance. I wanted to briefly as much time as I have talk about The oil industry in its very nature being messy. It's like my garage, if you go into it I would write myself up lots of violations and it's hidden and underground by its very nature. Also wanted to talk about the violations are always found there's no zero violations.
In my experience and they're expensive, very expensive to document and to enforce. The reports given were very charitable I thought. to the oil industry. The information in this report is very informative and disturbing. As a retired hazardous materials specialist who has inspected many of these facilities from 1986 to 2011, the number of violations found in these reports seem extremely conservative. I'm especially troubled by the number of zeros violations found. And folks didn't show The grid slides that showed lots of agencies just found nothing when they did their inspections. This is extremely unlikely if an inspector is paying attention.
The oil production business is very active and messy, rarely have I left an inspection with zero violations found in a report. It's like You know, doing an inspection of a Julia Child's kitchen and not finding any food on the floor or flour on the floor or on the counter. Or you know, doing a CHP report on speeders, not finding any report of speeders found. Or perhaps a GAO going to Washington D.C., finding no loan lying at all being conducted.
So when I did my inspections, I found very few, I found rarely did I have any zero violations and it could be because the violations that are recorded here have a very high barrier to be crossed. And to get any enforcement going, it's a very uphill process from violation found by the inspector to get it past the supervisor, to get it past the chief or the director and then get it to the DA and the DA to accept it. It's a very uphill process to take enforcement
action.
2:36 – 2:419 turns
That concludes public
comment. Yes, Mr. Zarbich?
Mr. Chair I just wanted to note that I didn't include my presentation while I have the benefit and opportunity of providing the summary of this report to you it was a coordinated effort and so I just want to let you know that there's representatives from the Air Pollution Control District County Fire and the Division of Oil Gas and Geothermal Resources here as well if you had questions or
just wanted to give you very good thank you so much Supervisor Hart
Yeah well this is very helpful to me as a new person up here seeing this report and the comprehensive nature of it, all the staff working collaboratively from the different agencies to give us a little picture. I do think this is a useful tool as a decision maker. I think the idea of doing it annually is a great idea. Thank you. The contaminated soils from the existing operation, what is the status of that? What does that mean? Is there an effort underway to remediate that? What is the status of that, I didn't know anything about that.
The community's obviously very concerned about fire risk and all the attention that's being paid now to Edison and PG&E and their electrical lines out in the wilderness. What does that mean as these private systems for electricity to remote sites? What is the fire risk? Is the Fire Department looking at that? Are they concerned about that? I'd like to know that.
The impacts of trucking, you know what is going on right now? What is the baseline for the operations and the trucking that's going on in county for the existing operations will need that for the context of evaluating the other projects that are being proposed. Also, freshwater consumption. We're in the middle of a drought still and worst drought in recorded history in California knowing the relationship and the perspective on that in regards to these operations is important.
I think it makes sense as Mr. Caldwell mentioned to understand better the P&D and fire inspections what is exactly the details of that rather than just talking about the number of inspections and what are the nature of those violations so we can understand them more qualitatively And then the wastewater injection wells, I don't know enough about that. Supervisor Hartman asked some questions about that. I would appreciate an understanding more about that in context and what that means in our county.
Very good any other comments from the board?
Mr. Chair, I thought it might be useful to respond to the last speaker's comments about the number of violations that are recorded by facility and explain sort of at least planning and development's goal in our inspection process. We do inspect every facility at least once a year Um, and our goal is to get compliance. That's our goal. So our goal isn't to write notices of violation. Our goal is to- to achieve compliance. We do go out to facilities and we will see things that are not, um, in compliance but they can very easily be fixed. And so we give the operator, you know, we're in the area, we give the operator a chance to fix those things that we Notice that can be fixed very easily and we come back later in the day. And most operators fix them, so it's not that we don't see things that require some attention but they're very easy to remedy and so that results in what I would consider to be a pretty good inspection result.
We got compliance. And we didn't have to go through the paperwork and citations. That is a more difficult process, but not one we're afraid to do or one that we shy away from when it's necessary. But I just thought it might help the board to understand that we're working collaboratively with the operators to the extent we can to get them in compliance and that's how we do that. We do that through our inspection programs on violations throughout the county on non-oil and gas operations too. First thing we do is we send out a request to do site inspection, we give people two weeks usually unless it's something very serious and half the time they've corrected it and that's really our goal is to get them in compliance so I just wanted the board to understand sort of the context of the inspection results that we
report. Supervisor Hartman?
Thank you Mr. Chair, well I agree with what Supervisor Hart said about some of the broader themes that if possible to report on in the future so I'll limit my focus to just one and that has to do with a comment you made opening your presentation Mr. Zorovitch which was that we're seeing larger companies selling out to smaller companies onshore I attended a number of Veneco hearings and a lot of discussion about who ultimately would be liable. And it turns out it's Veneco, but I think it's also Exxon and previous owners carry liability forward although state lands is also having to pay a fair bit for that. So what do we have for onshore? If a smaller company goes bankrupt, what kind of liability carries over from previous owners?
2:41 – 2:4714 turns
Mr. Chair, Supervisor Hartman I can address real quickly and maybe the DOGGR person may want to add more to it so in the County Code Chapter 25 we don't have anything in our ordinance which specifically allows us to go back to future operators however DOGGR does have that in their code for onshore oil and gas and offshore hence why they were able to apply it to the state waters So there is a provision to where they can go back through a series of whoever was the previous operator. I think their ordinance allows them to go back as far as 1996, and that's for all onshore oil and gas whether it's in a state designated field or not. And if DOGGR would like to provide more, they
may. Do any counties have something in their own ordinance? Or does everybody refer back to DOGGRs?
Supervisor Hartman? I'm not aware of any other counties that do. I think they rely on the state ordinance because it does cover them for entourage production.
Mr. Guzzone, you want to add? Chair and Supervisors yes and this is not universal but the county did have the experience on one particular pipeline of locating performance bonds that were underneath that so you have both future owners We have appeared in bankruptcy To get a result on a pipeline and then we also have performance bonds in place under for example some of the franchise areas So that's another piece of the puzzle Thank you
Chair and Supervisors, I'm Pat Abel and I do represent the State of California's Department of Conservation Division of Oil & Gas. And with regards to the concerns over idle wells and operators becoming bankrupt you touched on Veneco As Mr. Zorvich did touch on, the division does have regulatory authority to go back to operators from 1996 forward, so previous operators. Selling a property doesn't essentially relieve you of that liability if it's after 1996. Also there was touched on with county bonding and the state does have blanket bonds and individual well bonds. Now with an operator in transfer or the acquisition of a well, those are lifetime bond, so they're not releasable. So we can access those funds to plug and abandon. If we should do an order to plug in a band in a while, we can access those funds to defray some of the costs associated with that.
Also, they've talked about the resource in Santa Barbara County being a great resource for the county and energy. And for every barrel of oil that's produced, the state of California has an assessment for that production. And the legislature takes a portion of that assessment and sets it aside for various funds. And those are to address plugging in abandonment of wells Our hazard for defunct operators, orphaned wells. So we have various funds to address just that and we will effectively if an operator does not satisfy an order to plug in a ban or remediate a well the division will step in and take measures to do so.
Great
thank
you. Thank you so much for being here we really appreciate that as well. And all of our staff that's here that's in a support role. We do appreciate that, Supervisor Hart.
I had one other thing I forgot to add too as well. Mr. Caldwell mentioned seeps is there does anyone do any data collection on seeps that end up on the beaches?
Mr. Zorbich?
Mr. Chair, Supervisor Hart that's something we'll just have to look in it's a little nebulous and I'm not quite sure what data we have available to collect that. Thank you. Ms. Blatt?
Yeah there there have been some studies you know use every once while you see graduate students out on the shoreline of Sands Beach gathering Ms. Black?
Mr. Chair, I was just going to say essentially the same thing that UCSB does a lot of studies of seeps and actually we use some of that information well the agency's used some of that information in fingerprinting from the Rufifio oil spill so we can provide a little bit of information about this sort of the status of seeps and technology at a future
And while you're answering questions, somebody brought up something during public comment that I'd just like you to address. Is that if you feel you have enough staff to perform the required inspections that we're asking of you and then are required of the permits?
2:47 – 2:535 turns
Mr. Chair and Board yes. If I didn't I would've asked you for more.
I didn't think you were shy about asking for additional help if you needed it so I just wanted to make that clear. You know, my takeaway from this is I think it's a really good exercise for the board and for, I appreciate you putting this all together Mr. Zorovitch, it's helpful. I think there is some context when you do talk about violations, it's important to realize which ones it would be nice to get a grading scale or something of minor or major.
The fact that we didn't have anything outside of containment is nice. I think this really comes from perspective. I've had different people read the same report, and those that are supportive of the industry will say hey, this is a great report. Obviously there's violations but things are moving along well. Others that may be not so supportive of the industry look at it as a complete indictment on the industry. So it's kind of whatever prism you're looking through, but I still think gathering the information is helpful.
I think the one thing it should do for folks is make them understand. I've had people in my office that think that once an oil and gas operator gets a permit that they basically just go off into Cat Canyon and pretty much have carte blanche and do whatever they want. An alphabet of government agencies. Just reading that one, it's P&D and Fire Environmental Health, Air Pollution Control District, DOGGR, Regional Water Quality Control Board, Department of Fish and Wildlife, US Fish and Wildlife, the Federal Bureau of Safety and Environmental Enforcement. There's a lot of people that have oversight in this and are out there looking.
And so I'm glad that they are. There's obviously serious impacts if our permit requirements aren't followed, and so I don't know anybody in the industry that is asking for These organizations to stop inspecting. And so I just think it's par for the course and I do appreciate it. I think there should be maybe one slide that does, if we're going to look at a briefing on oil and gas development and compliance, I think the compliance part of it is great. The briefing on oil and gas should have What's the status right now? How many jobs are out there, what's it creating revenue for the county.
Because it's a balancing act for me and I think that part needs to be addressed as well so. Outside of that if there is no other comments, if I can get a motion to receive in file and I guess A and B that it's not a project under CEQA we can move forward.
I'll make that motion, but also just chime in. I did have a question for the dogger staffer and sorry I missed your name and I appreciate you being here. Just sort of as the follow up on the liability so it would be your assertion that when the state or local jurisdiction has had to Remediate a site that it has been for sites that have been sold or permitted after 1996, or before 1996.
And that there is no longer the need for covering that liability. I just want to make sure that I got that right.
Thank you Chair and Supervisors, thank you for that question. Yes 1996 January 1st 1996 if you were an operator, Operator A and in February of that year you sold to Operator B and if Operator B became defunct or bankrupt and had no resources available to remedy the order The division could then go back to Operator A because it would have been after the enactment of that regulation or statute, January 1st 1996.
If you're an operator who sold it, Operator A sold the property in 1985 and sold it to an operator who continues to have it into the 90s or today and they become defunct we cannot go back to the operator Using that statute because it would have been a prior sale prior to 1996. One thing that I would like to clarify, the funds that are continually put in on an annual basis through our assessments are used on operators where there is no funding.
So if there was an operator who had a well in 1985 and became defunct, in 2019 the division would utilize funds that they have. Wouldn't be based simply on the sale and whether or not we could or could not go back. So if there is a situation where we've got an order and we need to address a hazardous situation, derelict facility, the division does have funding for that.
And now the follow-up is in the scenario of the 1985 sale. Say that operator comes to us for a new permit, does the 1996 statute trigger apply in that case or not?
2:53 – 2:596 turns
Well we do have criteria and if an operator for instance does not pay their idle well fees or their annual assessments, or if they don't have a valid bond there are certain criteria that we can use. And if they don't meet that criteria the division will not issue a permit. So the system actually we've, I'd like to if I have a moment to just talk about the division in our new system as part of our renewal plan. We're computerizing and a lot of the information we hope that Mr. Zarovich will be able to access online as well as your constituents and your offices so for that Quest to be transparent and have those numbers available to you, we've implemented a new computerized system WellSTAR. And so our operators are no longer filing notices through paper but are going online to file those notices.
And the system if they are on the list where they have not satisfied certain criteria, the system will not allow them to enter their notice. And so you have to be in compliance and a good operator in the state of California, in good standing in order for us to issue a permit to do work. Now of course Santa Barbara County is the lead agency I heard some touched on CEQA earlier Our system is allowing us to look at every notice that's filed, to drill a well or rework or plug an abandoned and ensure that they have the appropriate CEQA documentation.
And that information so you'll see operators that will be coming to planning and development for that information. And also as you are looking at your new EIRs, you've mentioned the ERG project coming up Or the ARA project or even Petro Rock. In those documents, if you would clarify in those and it will be part of our responses to those. It'll be very important for you to outline the specific operations that you will be permitting or reviewing through that CEQA approval process.
That will help to facilitate our system and our review of those notices because after they come to the county then they'll come to the division.
I think Mr. Gazzone would like to weigh in as well. Go ahead.
Yeah, I appreciate you going over some of the great improvements to DOGGR as an institution. I think it's my hope it's going to be a new agency in a lot of ways but What I'm trying to ask, and I don't feel like I'm getting an answer yet. But if I'm just going to rephrase it so you've convinced me that there's no problem with government whether it's you or us being on the hook for a cleanup for a sale that took place after 1996.
Or at least that's what I'm understanding from your comments. The problem, the question I have is what about somebody that the sale happened before 1996 but then comes in and asks us or you for a new permit? Is there a possibility of us being on the hook, your agency or mine for cleanup for a well that was sold previous to 1996 but has obtained a new permit for some purpose?
Well if they were drilling a well and it was in 1985 for instance, and they continue to produce that well. And then they come in today in 2019 and they want to have a permit to rework the well. If they're an operator in good standing we will give them a permit to rework Our permits are usually tied to, well not usually, they are tied to specific operations.
But does that change liability? Does that change the liability meaning do you have a condition of approval on them that yeah you get the permit but only if you agree to fully remediate the site and what I'm asking is would the county if we had a rule that said anybody who gets a permit has to fully remediate the site Would that be duplicative because of your 1996 statute, or would it not be duplicative? Because it doesn't apply to old wells who come in to get a new permit.
An operator always has to be in good compliance and be in good standing. They have to be paying their assessments and so forth. If they are not, the division would review the permit that we're going to issue and there is in some instances depending on what those items would be. We could make those as a permit requirement but if that operator didn't even come in for a permit and they were bankrupt or defunct, the division still has funds that we can utilize to go in and address the plugging and abandonment of that well or the remediation of that well. You said that would be on the hook or we wouldn't be concerned. I think the division is extremely concerned about that potential because we're looking at this statewide, not just on a county but a statewide and in fact had a study done to review and look at the potential liability for the State of California so it is a very important And I think the division, you talked about a renewed agency.
Part of that renewal is to have new and revised regulations. One of those is our idle well regulations which are more stringent testing requirements. The fact that we have life of well bonding is fairly new in facility bondings. That we didn't have in the past. We have new UIC regulations in the making, we've got more stringent gas storage regulations. So we have done a lot to ensure that operators have a clear understanding of how to be compliant, to do that good oil field practice and to what the expectations are here in the state of California.
2:59 – 3:0413 turns
So just maybe as a follow up, I would just ask that the whether it's the next time we have a hearing or God willing sooner than that. I'd love to have Mr. Gazzone's opinion of Whether there are some wells that would not be covered, that we would have the potential to cover in a county ordinance. Or whether there are non-well oil facilities that there is potential liability to the county.
Whether there would be some utility to having an ordinance facility or existing facility that comes to us for a new permit would be required to take liability for cleanup. So, I guess that's a request for it to do and I kind of detected that there was appetite among other supervisors for that from the comments made today.
Mr. Gazzani, would you like to address that please? Chair and supervisors I don't disagree with anything that the Department of Conservation just said. I would just maybe put it in context that when we're talking about this and part of the analysis that will be glad to bring back Would break out You know the different axes or grids that were talking about whether we're talking about a well or pipeline Whether we're talking about a pipeline that's controlled Under the authority of the FEMSA, the federal agency or the state fire marshal as to wells. Whether we're looking down well or in the vicinity of a well whether we're in a state oil field or not and then another player that we haven't discussed Is if there's an imminent risk of discharge into the navigable waters, the National Pollution Fund Center is the go-to source for funding on that.
So it's a pretty complicated determining what item we're talking about where it's located and whether it's in the state or federal for the primary jurisdiction. But we'll be glad to look further at that and put it together. And we do this from the context of just having gone through this exercise on different oil entities pipelines and wells in the county.
If I may just add, I do want to say the division does not issue permits for facilities so your tank batteries and so forth only for the wells.
Supervisor Hart. I'm sorry, Pat.
We have another question. I did have one last question for you, I'm sorry. You mentioned that the state had recently looked at an analysis of the liability that's exposed out there, the cost of unmitigated oil wells versus the revenue that you have to address that issue. Could you give me a flavor of that? The scope of that uncovered liability?
Well, the report I've actually not received a copy or nor read the report but it is a statewide analysis. So it would be looking at all areas Los Angeles Basin Ventura Santa Maria San Joaquin so
Does it have information specific to each county or is it just a total for the whole state?
As I said, I've not seen the report yet. I do also want to say there was some interest in the aquifer exemption process and some of that information regarding injection wells. I'll be more than happy to have myself or some of our staff stop by your office if you'd like that.
That would be great. We have a motion from DOS to receive and file A and B, staff recommendation A and B. A second? Second by Supervisor Hart. Roll call please.
Mr. Hart? Aye. Ms. Hartman? Aye. Mr. Adams? Aye Mr. Williams?
Aye
Mr Lavinino? Aye 5-0
Okay So we are moving into closed session.
3:04 – 4:105 turns
Chair and supervisors, today in closed session the board is agendized to consider five items. The first is a matter of existing litigation, Barbary versus County of Santa Barbara. Then a conference with real property negotiators concerning eight parcels located generally on- Can
you just give us a minute please?
Eight parcels along Randall Road in Santa Barbara, as well as East Valley Road in Santa Barbara. Third you have a conference with labor negotiators concerning all bargaining units and fourth and fifth you have two public employee appointments for consideration the first is human resources director And the second is Director of Planning and Development. And based on a change to the Brown Act that became effective about a year ago, I am informing you that the approximate salary under consideration for the Prospective Human Resources Director is about $15,500 per month and for the Director of Planning and Development approximately $15300 per month. My estimate is about an hour for closed session.
All right. We got to fix how we do that somehow we gotta do it before we tell everybody to go. All right, we will move over to closed session now thank you.
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4:10 – 4:147 turns
Man, I gotta find some. I haven't had one in 20
years.
A few. No, I have the bumper sticker. I have the kids CHP so I have a special bumper sticker. I got pulled over because I had no front license plate in ORCID also.
All right, Mr. Gazzone may we please get a report out of closed session?
Chair and supervisors, today in closed session the board considered five matters. The first was a case of existing litigation, Barbary versus County of Santa Barbara. In that matter through unanimous vote the board approved county council's recommendation to appeal a qualified immunity issue to the Ninth Circuit Court of Appeal. The second item was conference with real property negotiators concerning properties on Randall Road and East Valley Road in the Santa Barbara area. There's no reportable action on that.
The third item was conference with labor negotiators for all bargaining units, there is no reportable Action on that. The fourth item was Human Resources Director, and the fifth item was Director of Planning and Development. The reportable actions on those are that the planning director was appointed through a vote of districts 1 2 & 3 yes district 4 & 5 no, and the human resources director was appointed through unanimous vote, and I'll now turn that over to the CEO
Thank you Mr. Gazzone, so I'm pleased to announce that the board approved the appointment of Lisa Plowman as the county's next Director of Planning and Development. Ms. Plowman has more than 13 years of experience assisting private and non-profit developers with land use entitlement and planning processes. And as you know she also served 11 years with the county in our Planning and Development Department. For the past five years, Ms. Plowman has served as a principal and planning manager of the RRM Design Group, a multidiscipline firm with over 130 employees in four offices in California.
As I said prior to her work as a consultant she previously worked for the county's P&D department leaving in 2005 as a deputy director over long-range planning. Uh, we look forward to having her join the county. She'll begin in mid-March. I also want to do a special thanks to Diane Black. As you know, Diane has served as our interim director since March 2018 upon the retirement of Dr. Glenn Russell. Diane, as you know, has had a long tenure with the county for almost 35 years and will miss her wealth of experience, her encyclopedic knowledge, and her tremendous commitment to the planning and development department.
The next appointment I'd like to announce is I'm pleased to announce that the board approved the appointment of Maria Elena DeGuevara as the next director of the Human Resources Department. Ms. DeGuevara, as you know has been our interim director and she was selected for her great wealth of experience. She has over 30 years of human resources work She headed the HR functions in her past jobs as a Vice President for Santa Clara University, Associate Vice President for San Jose State University. She was the HR Director for the city of Redwood City and also been a manager in Santa Clara County. So we look forward to working with Maria Elena as well.
Awesome. And if Diane, if you're starting now I can't imagine what it's going to be like when we have your send off so with that I am going to adjourn this meeting and we meet again February 26th in Santa Barbara at 9 o'clock. Music