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Board of Supervisors — 2023-09-19

Board of Supervisors — 2023-09-19September 19, 2023

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BodyBoard of Supervisors
MeetingRegular Meeting
Date📅 September 19, 2023

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Meeting Summary

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Present: 4-Nelson, 5-Lavagnino, 3-Hartmann, Katz, 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

CEO’s Report

  • The CEO presented a "Your County, Your Heroes" video featuring Anthony Rodriguez and his disaster services work.
  • The county will submit a revised draft housing element update to the state following a seven-day posting period.
  • Public Health officials reported an uptick in respiratory illnesses and recommended simultaneous flu and COVID-19 vaccinations.
  • The CEO introduced the 2023 United Way campaign, encouraging employee participation in the October fundraising effort.

Clerk’s Announcements and Agenda Acceptance

  • The Clerk announced an addendum adding Administrative Items 26, 27, and 28 to the agenda.
  • Item 28, concerning a law enforcement services agreement, was pulled for separate consideration.
  • The board accepted the balance of the agenda, including the addendums, with the exception of Item 28.

Administrative Item 28 (Law Enforcement Services Agreement)

  • Supervisors raised concerns regarding cost recovery, staffing levels, and indemnification clauses in the new contract model.
  • The Sheriff’s Department explained that the contract includes a cost escalator, detailed accounting, and a termination for convenience clause.
  • The board approved the staff recommendation with the direction that the Sheriff’s Department return within one year to report on performance.
  • The motion to approve the agreement and require the one-year performance report passed.

Administrative Item 24 (AIA Architect Appreciation Week)

  • The board adopted a resolution designating the week of October 2–8, 2023, as AIA Architect Appreciation Week.
  • The resolution commended the AIA and the Architectural Foundation for their work in sustainable design and community education.
  • The resolution was passed and adopted by the board.

Administrative Item 25 (Recovery Month)

  • The board adopted a resolution proclaiming September 2023 as Recovery Month in Santa Barbara County.
  • The resolution highlighted the work of the Behavioral Wellness Department and community partners in supporting recovery.
  • The resolution was passed and adopted by the board.

Departmental Item 1 (Ambulance Permit Application Review)

  • Public Health presented two ambulance permit applications: one from the County Fire Department and one from American Medical Response (AMR).
  • Both applications were deemed to meet minimum qualifications under the new non-exclusive permit system ordinance.
  • The board outlined the review criteria, including experience, feasibility, economic viability, and community benefit.

EMS Permit Applications (Continued)

  • AMR presented its application for Type 1 emergency services, highlighting its local workforce and financial backing.
  • The County Fire Department presented its application for all three permit types, emphasizing integration with existing fire stations.
  • Public commenters expressed support for the County Fire Department and raised questions about the RFP analysis and inter-facility transport.
  • The board prepared findings to approve County Fire permits and continued the consideration of AMR’s application for one year.

Planning and Development – Appeal of Los Flores Pipeline System Permit Transfer

  • Staff recommended denying the appeal and approving the permit transfer as an administrative action not subject to CEQA.
  • The appellant argued the transfer should be denied due to compliance issues and requested a full Environmental Impact Report.
  • Applicants and staff clarified that the transfer is a ministerial process focused on financial responsibility and ownership.
  • The board voted unanimously to deny the appeal and approve the change of ownership, guarantor, and operator.

Fiscal Year 2023-2024 Countywide Free Library System Annual Agreement

  • Staff recommended approving the annual library agreement and exploring the potential for IVCSD to administer services in Isla Vista.
  • IVCSD representatives argued that direct administration would simplify service delivery and improve efficiency.
  • Supervisors discussed the complex funding model and the role of libraries as community hubs.
  • The board approved the agreement and directed staff to explore IVCSD administration, with one supervisor dissenting on the funding structure.

Ambulance Permit Application Review (Trailed Item)

  • Staff presented prepared findings for the approval of three permits for the County Fire Department.
  • Staff recommended a continuance to allow AMR to provide additional information for evaluation.
  • The board granted a sidebar to process the information and continued the item for further discussion.

EMS Permit Applications (FHIR and AMR)

  • The board discussed the practical implications of denying AMR, including contract breaches and employee retention.
  • The Fire Chief outlined plans to recruit AMR employees into the county fire department during the transition period.
  • The board approved the County Fire Department for all three permit types and determined the project is not subject to CEQA.
  • The board denied the AMR Emergency Medical Call permit based on the record and adopted the formal denial findings.

Closed Session

  • The board discussed three items of existing litigation involving the Modoc Preserve, Rosser International, and SJ Amoroso Construction.
  • The board conferred with labor negotiators for the Santa Barbara County Deputy Sheriff’s Association.
  • The board took no reportable action in closed session.

Full summary

Agenda Item: CEO’s Report

  • The CEO presented a video from the "Your County, Your Heroes" series featuring Anthony Rodriguez, an Operations and Disaster Services Specialist for the Food Bank of Santa Barbara County, who discussed his volunteer work with CERT, the Least Loss program, and his role during the debris flow emergency. Supervisors thanked Rodriguez for his community impact. The CEO announced that the county will formally submit a revised draft housing element update to the state Housing and Community Development Department on Friday, following a seven-day posting period that began on Thursday. Public Health Director Mohannad Hammami and Public Health Officer Dr. Henning Ansorg presented data on respiratory illnesses (flu, COVID-19, RSV), noting an uptick in cases as flu season approaches. They identified high-risk groups, discussed transmission modes, and recommended flu and COVID-19 vaccinations, clarifying that both vaccines can be administered on the same day. The CEO also introduced the 2023 United Way campaign, co-chaired by Director of Behavioral Wellness Toni Navarro and Agricultural Commissioner Jose Chang, encouraging employee participation in the October fundraising campaign.

Agenda Item: Clerk’s Announcements and Agenda Acceptance

  • The Clerk announced an addendum posted on September 15, adding Administrative Items 26, 27, and 28. Item 26 involves the second reading of an ordinance to repeal outdated sections of the Santa Barbara County Code, Chapter 18, and amend Chapter 18C regarding the Certified Unified Program Agency (CUPA) and waste release. Item 27 involves consideration of recommendations regarding a public works report on emergency response actions from flooding and storms. Item 28 involves consideration of recommendations regarding an agreement to provide law enforcement services between the County and the cities of Buellton, Carpinteria, Goleta, and Solvang. A motion was made to accept the balance of the agenda, including the addendums, with the exception of Item 28, which was pulled for separate consideration. The motion to accept the agenda (excluding Item 28) passed.

Agenda Item: Administrative Item 28 (Law Enforcement Services Agreement)

  • Supervisor Nelson raised concerns regarding cost recovery, staffing levels in unincorporated areas versus contract cities, and indemnification clauses, noting that county taxpayers bear deductible and excess liability costs when deputies act in a city capacity. He requested a commitment to fully staff county positions before adding menu items for cities and modification of indemnification clauses. Under Sheriff Bonner explained that the new contract model includes a cost escalator and detailed accounting, that the relief factor is sufficient, and that the indemnification language was reviewed by County Risk. He confirmed that extensions require board approval and that the contract includes a termination for convenience clause with 365 days' notice. Supervisors discussed the four-year contract length and the need for data to assess cost recovery. Supervisor Lavinino proposed accepting the staff recommendation with the direction that the Sheriff’s Department return to the board within one year to provide data on the contract's performance. Supervisor Capps clarified that the return should occur in one year. A motion was made to approve the staff recommendation for Items A, B, and C, with the direction that the Sheriff’s Department return to the board within one year to report on the contract's performance and cost recovery. The motion passed with a four-to-one vote.

Agenda Item: Administrative Item 24 (AIA Architect Appreciation Week)

  • The Board adopted a resolution designating the week of October 2–8, 2023, as American Institute of Architects (AIA) Architect Appreciation Week in Santa Barbara County. The resolution commended the AIA and the Architectural Foundation for their work in sustainable design, historic preservation, and community education. The resolution was passed and adopted.

Agenda Item: Administrative Item 25 (Recovery Month)

  • The Board adopted a resolution proclaiming September 2023 as Recovery Month in Santa Barbara County. The resolution highlighted the work of the Behavioral Wellness Department and community partners in supporting mental health and substance use recovery. The resolution was passed and adopted.

Agenda Item: General Public Comment

  • Brian Rosen spoke regarding a dispute with a trustee and attorney over the distribution of an inheritance, alleging delays and excessive fees, and called for a county agency to oversee such matters. Kira Pusch of Strong Towns Santa Barbara spoke regarding the Modoc multi-use path project, requesting that the design comply with AASHTO guidelines for ADA compliance and accessibility, and that the county conduct public outreach to allow community input on the design process. Gretchen Leaf did not provide comment as she left the Zoom meeting.

Agenda Item: Departmental Item 1 (Ambulance Permit Application Review)

  • Public Health Director Hammami presented the review of ambulance permit applications under the new non-exclusive permit system ordinance. Two applications were received: one from the Santa Barbara County Fire Department (for all three permit types: emergency medical, inter-facility transport/special events, and critical care) and one from American Medical Response (AMR) for emergency medical calls only. Both applications were deemed to meet minimum qualifications. The Board has the option to approve, approve with conditions, or deny the permits. The presentation outlined the criteria for review, including experience, feasibility, economic viability, and community benefit.

Agenda Item: EMS Permit Applications (Continued)

  • Board members disclosed ex parte communications with Chief Hartwig regarding permits and general matters, and one member disclosed a conversation with Sue Anderson of Marion Hospital regarding the acceptability of either 911 provider. The Chair clarified that ex parte disclosures are limited to parties or public members providing information outside of hearing materials. A coin toss was conducted to determine the order of presentations; AMR presented first, followed by the County Fire Department.
  • Mike Sanders, Regional Director for AMR, presented the company’s application for the Type 1 emergency 911 services permit. Key points included AMR’s five decades of service in the county, employment of over 150 paramedics and EMTs, financial support from Global Medical Response, use of proprietary analytics for deployment, and community benefit initiatives such as CPR training. In response to questions, Sanders explained that Types 2 and 3 permits are not sustainable without Type 1, that deployment would be determined with LEMSA using historical data, and that the PulsePoint app allows the public to view ambulance locations.
  • Chief Hartwig and Deputy Director Shawna Jorgensen presented the County Fire Department’s application for all three permit types. Key points included the public sector model where surplus revenue is reinvested into the community, leverage of existing 37 fire stations and over 470 firefighters, and four pillars: innovation, integration, clinical commitment, and financial strength. The proposal includes community paramedicine and caregiver support. In response to questions, Chief Hartwig confirmed the use of tracking systems, explained the use of paramedics for non-911 outreach and behavioral health, stated that conservative financial models allow for adding ambulances, and confirmed 24/7 service in rural areas. He also confirmed readiness to begin services on March 1, 2024.
  • Public comment was provided by Rob Adam Perry (SEIU Local 620), who expressed support for the County Fire Department application; Andy Caldwell (CoLab), who questioned the RFP analysis and criticized the non-exclusive permit language; Dr. John Anise (Emergency Physician), who emphasized the need for a reliable inter-facility transport system; and Chris Mayles (Fire Chiefs Association), who supported the County Fire Department proposal. AMR and County Fire provided rebuttals. Staff clarified that cost was not a scored factor in the RFP process and that state law dictated the RFP criteria. Staff also explained the process for new applicants after March 2024 and confirmed that Section 5-15(B)(9) requires the 911 permittee to partner with LEMSA for a community paramedicine program.
  • Supervisors discussed the two competing applications. Several supervisors expressed support for the County Fire Department’s proposal, citing its integration with existing fire stations, transparency, and proposed community benefits. Concerns were raised regarding the AMR application, specifically noting a lack of integration with existing stations and the requirement for 100% market share for financial feasibility. Supervisor Lavagnino expressed concern about the legal risks associated with denying the winner of the previous RFP process. Supervisor Nelson proposed holding AMR’s application pending further discussion on integration, while Supervisor Hartman moved to approve the permits for County Fire. Staff clarified that applications submitted prior to March 1, 2024, are subject to current standards, and that the board could continue the consideration of AMR’s existing application to a future date to allow for resubmittal of information.
  • 1. Motion to Prepare Findings for County Fire Permits: Supervisor Hartman moved to prepare findings for the approval of permits for County Fire (Options A, B, C, and E). Supervisor Nelson seconded. The motion passed. 2. Motion to Extend AMR Contract: Supervisor Lavagnino moved to extend the contract with AMR to allow time to set up a non-exclusive system and organize dispatch. No second was offered. The motion failed for lack of a second. 3. Motion to Continue AMR Application: Supervisor Nelson moved to continue the consideration of AMR’s permit application for one year, allowing them to resubmit a modified application that integrates with the existing system and addresses feasibility with less than 100% market share, under the current permit standards. Supervisor Hartman seconded. The motion passed.
  • The board noted that these were conceptual motions. Staff will prepare the necessary legal findings, and the board will reconvene later in the day to take final action on the permits with the proper findings attached.

Agenda Item: Closed Session

  • The board entered closed session to discuss three items of existing litigation: Community Association for the Modoc Preserve v. County of Santa Barbara; County of Santa Barbara v. Rosser International; and SJ Amoroso Construction v. County of Santa Barbara. Additionally, the board conferred with labor negotiators for the Santa Barbara County Deputy Sheriff’s Association. The board took no reportable action in closed session.

Agenda Item: Planning and Development – Appeal of Los Flores Pipeline System Permit Transfer

  • Staff presented an appeal of the Planning Commission’s approval of a change of ownership, guarantor, and operator for the Los Flores Pipeline System. The applicants are Pacific Pipeline Company (owner), ExxonMobil Pipeline Company (operator), and ExxonMobil Corporation (financial guarantor). Staff recommended denying the appeal and approving the permit transfer, stating that the transfer is an administrative action not subject to CEQA review and that the applicants meet the requirements of County Code Chapter 25B.
  • The appellant, represented by Barry Capello, argued that the permit transfer should not be approved, contending that the pipeline lacks valid property rights, the cathodic protection system is non-compliant, and the restart would result in significant greenhouse gas emissions without a full Environmental Impact Report (EIR). The appellant requested that the board impose conditions including a $1 billion financial guarantee, ongoing county oversight, automatic shutoff valves, and a full EIR. Supervisors disclosed ex parte communications with Steve Gregg and Linda Kropp of EDC. The board voted to accept the appellant’s PowerPoint presentation into the record.
  • 1. Motion to Accept PowerPoint into Record: Chair Williams moved to accept the appellant’s PowerPoint presentation into the record. The motion was seconded. The motion passed.
  • Lauren Kaplan, representing the applicants, presented arguments in support of the permit transfer, stating that the transfer is a ministerial process focused on financial responsibility, ownership acceptance, and operator capability. She argued that issues regarding pipeline integrity, cathodic protection, and CEQA are outside the scope of the Chapter 25B decision or governed by state/federal regulators. Supervisor Nelson asked for clarification on the distinction between Chapter 25B and the Land Use Development Code, and confirmed the pipeline is currently active and maintained. Supervisor Capps asked if the ownership change signaled a restart of the pipeline; staff responded that the transfer is independent of any future restart or valve installation decisions. Chair Williams asked about cleanup resources; staff clarified that the $100 million financial guarantee is a state requirement and that the county is preempted from assessing pipeline safety details due to a settlement agreement with the previous owner. Supervisor Nelson asked about the consequences of denying the transfer; staff explained that denial would create a discrepancy between asset ownership and permit holding.
  • Anna Citron, representing the Gaviota Coast Conservancy, requested that the Board use the alternative finding under Chapter 25B requiring a written agreement for compliance rather than finding current compliance, arguing there was substantial evidence of noncompliance with the Final Development Plan regarding corrosion and cathodic protection. The appellant’s representative argued that the cathodic protection system was ineffective based on PHMSA reports and criticized the $100 million financial guarantee as insufficient. Don Sestito, representing the applicants, rebutted by stating that the Planning Commission’s approval was proper, that there were no notices of violation, that the state Fire Marshal has exclusive jurisdiction over pipeline safety, and that the Board cannot impose new financial guarantees beyond maintaining existing ones. Staff clarified that the county is not a party to the consent decree and that the settlement agreement with the previous operator preempts the county from overseeing pipeline operations.
  • Supervisor Nelson expressed comfort with the transfer, noting the legislative intent of Chapter 25B was to prevent under-resourced operators from taking over. Supervisor Levin stated the item appeared to be a name change and expressed concern about characterizations of staff as "rubber stamps." Supervisor Capps stated that while she has concerns about fossil fuel companies, she agreed this was an administrative action not impacting the environment or signaling a restart. Chair Williams stated that while she had concerns about the sufficiency of the $100 million guarantee for a restarted pipeline, she believed the Planning Commission made the correct legal decision and was prepared to uphold it.
  • A motion was made to deny the appeal, make the required findings for approval of the change of ownership, determine the request is not a project under CEQA, and adopt Staff Recommendations A through D. The motion was seconded. The motion passed unanimously.

Agenda Item: Fiscal Year 2023-2024 Countywide Free Library System Annual Agreement

  • Staff presented the annual library agreement, recommending approval of the FY 23-24 agreement, direction to explore the potential for the Isla Vista Community Services District (IVCSD) to administer library services in the Isla Vista area, and a determination that the actions are exempt from CEQA. Staff outlined the funding structure, noting the county contributes approximately $4.6 million to support both city and county libraries. They detailed the complex funding model involving per capita funding, cannabis-derived revenue, and small library funds. Staff highlighted increasing costs for labor and digital materials and the expanding role of libraries as community hubs. They noted that IVCSD has expressed interest in assuming responsibility for library services in Isla Vista, which is currently served by a Goleta bookmobile.
  • Jay Freeman, speaking in his personal capacity as a member of the IVCSD board, argued that the current three-way negotiation between Goleta, IVCSD, and the county is inefficient and that direct administration by IVCSD would simplify service delivery. Marcus Aguilar, President of the IVCSD Board, supported the idea of IVCSD taking over the directing of library funds for Isla Vista to allow for independent decision-making on how services are conducted, while continuing to value the Goleta bookmobile service.
  • Supervisor Capps supported the staff recommendation to explore IVCSD administration, noting the importance of libraries as social safety nets. Chair Williams supported the exploration, emphasizing local decision-making and the potential for competitive proposals. Supervisor Nelson expressed support for IVCSD independence but criticized the current funding model, arguing that county funds should primarily serve unincorporated residents. He proposed a funding model where county dollars are allocated differently for city versus unincorporated residents but stated he would not support the motion due to his disagreement with the current funding structure. Chair Williams responded that alternative funding models had been analyzed by consultants and rejected due to significant negative impacts on specific libraries. Supervisor Hartmann noted that the current Joint Powers Agreement (JPA) model is unique and cumbersome but that no better alternative has been found.
  • A motion was made to adopt the staff recommendations: approve the FY 23-24 countywide library agreement, direct staff to explore IVCSD administration of library services, and determine the actions are exempt from CEQA. The motion was seconded. The motion passed with a 4-1 vote.

Agenda Item: Ambulance Permit Application Review (Trailed Item)

  • The Board returned to a trailed item regarding an ambulance permit application. Staff presented prepared findings for the approval of three permits. Regarding the second conceptual option for AMR, staff noted that County Code Section 5.9 allows for approval with conditions or denial. Staff recommended a continuance to allow AMR to provide additional information and for staff to evaluate it, suggesting the continuance be limited to the time needed for this process. Supervisor Nelson requested a five-minute sidebar to process the information. The Chair granted the request for time. No final decision was recorded in this part of the transcript; the item was continued for sidebar discussion.

Agenda Item: EMS Permit Applications (FHIR and AMR)

  • A board member expressed support for denying the American Medical Response (AMR) permit, citing that the application was incomplete, lacked specific coverage plans for rural areas, and did not demonstrate integration with existing fire stations. The member noted that AMR required 100% funding to operate and suggested that denial would allow for system evaluation post-March 1st. Another board member reiterated that dispatch capacity, hospital preferences, employee stability, and financial clarity necessitated a decision to ensure the new system could launch. A board member inquired about the practical implications if AMR breached its contract or withdrew services. Staff explained that this would constitute a breach of contract, leading to legal remedies and operational reliance on mutual aid partners. Concerns were raised regarding the retention of AMR employees who currently staff ambulances. The Fire Chief outlined plans to recruit AMR employees into the county fire department, including workshops and communication through the CEO’s office and legal review. The goal is to integrate the current workforce into the county system within the five-month transition period. Staff recommended reviewing draft findings for denial. No public comments were received from AMR or FHIR representatives regarding the findings.
  • 1. Motion to Approve FHIR Permits and Deny AMR Permits (Partial): A motion was made to receive and file the applications; make required findings under County Code Chapter 5; approve Santa Barbara County Fire (FHIR) for Permit Type Emergency Medical Call, Permit Type IFT, and Permit Type CCT; and determine that the project is not subject to CEQA. The motion was seconded. The motion passed. 2. Motion to Deny AMR Emergency Medical Call Permit (Conceptual): A motion was made to deny the Emergency Medical Call permit for AMR based on the record, with the understanding that formal denial findings would be prepared, posted, and reviewed before final action. The motion was seconded. The motion passed. The board took a break to prepare and post the formal denial findings. 3. Motion to Deny AMR Emergency Medical Call Permit (Final): A motion was made to deny the American Medical Response Provider Permit for Emergency Medical Calls and adopt the findings placed in the record under Section 5-7. The motion was seconded. The motion passed.

Adjournment

  • The meeting was adjourned to Tuesday, October 3, 2023, in Santa Maria.