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Board of Supervisors — 2023-08-22

Board of Supervisors — 2023-08-22August 22, 2023

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BodyBoard of Supervisors
MeetingRegular Meeting
Date📅 August 22, 2023

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Meeting Summary

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

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

At a glance

Appeal of Pacific Pipeline Company (PPC) – Installation of Safety Valves

  • Staff recommended upholding the appeal and approving the installation of 16 safety valves, citing that an EIR addendum was sufficient.
  • PPC and the State Fire Marshal argued the valves are required by state law for safety and pipeline restart, while opponents cited environmental risks and the 2015 spill.
  • Legal counsel clarified that a 2-2 tie vote would result in "no action," leaving the Planning Commission’s denial in place without a one-year reapplication ban.
  • The Board was unable to take action on the appeal as both the motion to approve and the motion to take no action failed.

Truth Act Community Forum (Sheriff’s Office ICE Cooperation Policy)

  • The Sheriff’s Office presented data on ICE interactions and clarified that it does not enforce federal immigration law or detain individuals for immigration violations.
  • Presenters explained state law requirements for written consent for ICE interviews and noted recent policy updates to stop sharing information for certain misdemeanor cases.
  • Community members urged the Board to formalize a policy ending all transfers and notifications to ICE, while others raised concerns about public safety and legal definitions.
  • The Board voted to receive and file the Truth Act Report.

Cannabis Business License Fee Ordinance Amendment

  • Staff proposed a 3% charge on state renewal fees to recover costs for the county’s membership in the California Cannabis Authority and access to its data platform.
  • The proposed fee structure aims to generate approximately $280,000 for Fiscal Year 2023-24, as state legislation providing free data access is currently in suspense.
  • The Board approved the first reading of the ordinance amendment, waived further reading, and set a hearing for the second reading and CEQA determination for August 29.

Emergency Management and Public Works Updates

  • Public Works and Emergency Management reported that the recent plant fire is at 75% containment, with evacuations and road closures largely lifted.
  • Officials noted that rainfall from the tropical storm was less than expected and that a 5.0 magnitude earthquake triggered seismic gates on the Rincon Hill Road Bridge, which was subsequently inspected and reopened.
  • The department is continuing El Niño preparations, including clearing flood control basins and utilizing Executive Order 1023 to expedite environmental permitting.
  • Information was provided regarding FEMA individual assistance and new SBA Rural Agency Disaster Declarations offering low-interest loans for recent storm damages.

EMS System Budget Revision and Contracting

  • A speaker representing a government watchdog organization raised concerns about a $3.4 million sole-source bid for ambulances that did not go before the Board for approval.
  • The speaker questioned the timeline for transitioning the EMS system to county control and suggested extending the current AMR contract to allow for a proper RFP process.
  • No motion or vote was recorded on this item.

Closed Session

  • The Board entered a closed session and County Counsel reported from the session upon reconvening.

Full summary

Agenda Item: Appeal of Pacific Pipeline Company (PPC) – Installation of Safety Valves (Lines 901 and 903)

  • Discussion and Presentation: The Board considered an appeal of the Planning Commission’s denial of PPC’s proposal to install 16 safety valves on pipelines 901 and 903 to comply with Assembly Bill 864.
  • Staff Recommendation: Planning staff recommended upholding the appeal and approving the project, stating that an Environmental Impact Report (EIR) addendum was sufficient for the valve installation and that a new EIR was not required. Staff noted that the county’s authority is limited to the valve installation, while the Office of the State Fire Marshal (OSFM) retains jurisdiction over pipeline operation and restart.
  • Appellant Presentation: PPC representatives argued that the valves are required by state law to reduce spill volumes, that the Planning Commission’s denial was based on incorrect findings regarding viewshed and public safety, and that CEQA exemptions apply. They stated that if the appeal is denied, PPC would submit an alternate compliance plan to the OSFM that does not include valves in Santa Barbara County.
  • State Fire Marshal Presentation: OSFM officials testified that the valves meet "best available technology" requirements and are necessary for pipeline restart. They clarified that the OSFM is the final authority on pipeline safety and that the county does not have authority over the interstate pipeline’s operation.
  • Public Comment: Comments were received from 41 individuals. Opponents cited pipeline corrosion, environmental risks, the 2015 Refugio spill, and the intent to restart the pipeline, urging the Board to uphold the denial. Supporters cited compliance with state law, safety improvements, and the creation of local jobs, urging the Board to approve the project.
  • Board Discussion: Supervisors discussed the scope of the Board’s jurisdiction, noting it is limited to the valve installation. Legal counsel clarified that a 2-2 tie vote would result in "no action," meaning the Planning Commission’s denial would stand, but the applicant could reapply without the one-year prohibition associated with a formal denial.
  • Motions and Votes:
  • A motion was made and seconded to adopt staff recommendations, uphold the appeal, and approve the project. The motion failed.
  • A subsequent motion was made and seconded to take no action on the appeal. The motion failed.
  • Outcome: The Board was unable to take action on the appeal.

Agenda Item: Truth Act Community Forum (Sheriff’s Office ICE Cooperation Policy)

  • Discussion and Presentation: The Sheriff’s Office presented data on Immigration and Customs Enforcement (ICE) interactions with the county jail for 2021–2022, noting an increase in ICE requests and a decrease in re-arrests following release. The Office stated it does not enforce federal immigration law or detain individuals for immigration violations. Presenters explained the requirements of the Trust Act, Truth Act, and Values Act (SB 54), including provisions for written consent forms for ICE interviews and notification of release dates. The Sheriff’s Office clarified the distinction between "transfers" and "releases" and noted recent policy updates to stop sharing information for certain misdemeanor cases and to improve attorney notification.
  • Public Comment: Comments were received from 20 individuals. Speakers from immigrant rights organizations and community members urged the Board and Sheriff’s Office to formalize a policy ending all transfers and notifications to ICE, citing family separation and community fear. Others raised legal questions regarding definitions of "pickup" vs. "transfer" and compliance with state law. One speaker expressed concern that ending cooperation could compromise public safety.
  • Motion and Vote:
  • A motion was made and seconded to receive and file the Truth Act Report. The motion passed.

Agenda Item: Cannabis Business License Fee Ordinance Amendment

  • Discussion: Deputy CEO Brittany Oderman presented an amendment to Ordinance 5181 to recover the cost of the county’s membership in the California Cannabis Authority (CCA) and access to its data analytics platform. The proposed fee structure is a 3% charge on the state renewal fee for each active state cannabis license, billed quarterly, aiming to generate approximately $280,000 for Fiscal Year 2023-24. Staff noted that Assembly Bill 687, which would provide free data access, is in suspense, and the state’s "Metric Viewer" tool is being evaluated as an alternative.
  • Motion and Vote:
  • A motion was made and seconded to approve the first reading of the ordinance amendment, waive further reading, and set a hearing for the second reading and CEQA determination on August 29. The motion passed.

Agenda Item: Administrative Items (Consent Calendar and Resolutions)

  • Minutes: The minutes from the July 18 regular meeting and July 19 special meeting were approved. Passed (Unanimous).
  • Consent Calendar: A motion was made to approve the consent calendar, excluding items A46 and A16 for separate discussion. Passed (Unanimous).
  • Item A11 (Sanctuary Center Loan Documents): Recommendations regarding the approval of loan documents and security instruments for the Hollister 2 affordable housing development were considered. Passed (Unanimous).
  • Item A16 (PRISM Board Appointment): The appointment of Nancy Anderson, Chief Assistant County Executive Officer, as an alternate to the Board of Directors of Public Risk Innovation Solutions and Management (PRISM) was considered. Passed (Unanimous).
  • Item A46 (System Improvement Plan): Recommendations regarding the Santa Barbara County system improvement plan for 2022–2027 were considered. Passed (Unanimous).
  • Resolution A55 (City of Lompoc Anniversary): A resolution honoring the City of Lompoc on its 135th anniversary of incorporation was adopted. Passed.
  • Resolution A56 (Women’s Equality Day): A resolution proclaiming August 26, 2023, as Women’s Equality Day was adopted. Passed.
  • Resolution A57 (Breastfeeding Month): A resolution proclaiming August 2023 as Breastfeeding Month was adopted. Passed.
  • Resolution A58 (Child Support Awareness Month): A resolution proclaiming August 2023 as Child Support Awareness Month was adopted. Passed.
  • Resolution A59 (Esther Jacobson-Bates Retirement): A resolution honoring Esther Jacobson-Bates upon her retirement from the El Rey Museum was adopted. Passed.
  • Resolution A60 (Employee of the Month): A resolution recognizing Courtney Stockton of the Fire Department as the Employee of the Month for August 2023 was adopted. Passed.
No decision 0–0

Agenda Item: Departmental Items

  • Departmental Item 1 (Public Health Nursing Waiver): A request was made to waive standard hiring procedures to retain a retired nurse as extra help in the women’s health program due to recruitment challenges. Passed.
  • Departmental Item 2 (Pacific Pipeline Appeal): This item was discussed under the "Appeal of Pacific Pipeline Company" agenda item above.
  • Departmental Item 3 (Cannabis Fee Ordinance): This item was discussed under the "Cannabis Business License Fee Ordinance Amendment" agenda item above.
  • Departmental Item 4 (Truth Act Report): This item was discussed under the "Truth Act Community Forum" agenda item above.

Agenda Item: Emergency Management and Public Works Updates

  • Plant Fire: Public Works and Emergency Management provided an update on a recent plant fire. The fire grew to 5,464 acres, reached a peak of 678 firefighters, and is currently at 75% containment. Unified command was established with the Forest Service. Evacuations and road closures have been lifted except for areas under investigation for the cause. Public meetings regarding home hardening were held.
  • Tropical Storm/Rains: Rainfall was reported as less than expected, with peak intensities of about 0.15 inches per hour. The storm stayed south and east of the county.
  • Earthquake: A 5.0 magnitude earthquake triggered seismic gates on the Rincon Hill Road Bridge in Carpinteria. The bridge was inspected and reopened. Emergency alerts received by residents were identified as coming from the MyShake app or USGS systems.
  • El Niño Preparation: Public Works and OEM stated they are continuing preparations for El Niño, including clearing flood control basins and dredging, utilizing Executive Order 1023 to expedite environmental permitting.
  • Disaster Assistance: Information was provided regarding FEMA individual assistance for January storms and a new SBA Rural Agency Disaster Declaration for February-March storms, offering low-interest loans for residents and businesses.

Agenda Item: EMS System Budget Revision and Contracting

  • Discussion: A speaker representing a government watchdog organization raised concerns about a $3.4 million sole-source bid for ambulances that did not go before the Board for approval. The speaker questioned the timeline for transitioning the EMS system to county control by March and suggested extending the current AMR contract to allow for a proper RFP process.
  • Outcome: No motion or vote was recorded.

Other Proceedings

  • Closed Session: The Board entered a closed session. Upon reconvening, County Counsel reported from the closed session.
  • Adjournment: The meeting was adjourned, with the next meeting scheduled for Tuesday, August 29, in Santa Maria.