BOARD OF SUPERVISORS

Administrative Agenda

• Items A3, A4, A6, A22, and A34 were pulled from the agenda at the request of a board member.
• Item A11 regarding a telecommunications consultant contract was pulled to gather more information on cost savings and features.
• Item A19 concerning the historic landmark designation of the Bryce Beach Cabana was pulled to schedule a public hearing for September 6.
• The Board approved the administrative agenda as modified with the specified items removed.

Sheriff’s Managers Association Tentative Agreement

• Staff presented a tentative agreement including a 2.4% wage reduction and a delay of a 3% wage increase.
• The contract extension runs through April 2015 with estimated savings of approximately $640,000.
• The Board approved the tentative agreement and the two-year contract extension.

Summerlin Oil Seepage Hearing

• Staff and state agencies presented the status of the Summerlin Oil Field and the leaking Becker Inshore Well.
• An engineering approach for remediation was outlined, with an estimated project cost of approximately $700,000.
• The Board directed staff to pursue funding from state sources and work with agencies to scope a master plan.

Hydraulic Fracturing (Fracking) Hearing

• State officials clarified that the County acts as the lead agency for environmental review under CEQA.
• Discussions covered the regulatory framework, including the federal exemption for hydraulic fracturing from certain Safe Drinking Water Act requirements.
• The Board continued the item to the September 20 meeting to consider available options, including a potential moratorium.

County Redistricting Ordinance Hearing

• Staff and Supervisors presented alternative redistricting maps with varying population deviations and demographic impacts.
• Public comment addressed the placement of Lompoc, Guadalupe, and Isla Vista/UCSB within supervisor districts.
• The Board moved forward with Supervisor Carbajal’s plan, allowing for modifications to the boundary between the Fourth and Fifth Districts.

Redistricting Map Adoption

• Legal counsel confirmed the proposed map’s population deviation is minor and compliant with the Voting Rights Act.
• The Board adopted the amended map, waiving the full reading of the ordinance and setting a second hearing for August 9.

2011-2012 Orcutt and Providence Landing Community Facilities District Special Tax Levy

• The Board approved the recommended actions A through E for the special tax levy.

Property Tax Exchange for Annexation into Santa Barbara County Fire Protection District

• The Board approved the LAFCO application 11-4 for the property tax exchange.

Mission Canyon Community Wildfire Protection Plan (CWPP)

• Public comment generally supported the plan, noting its role in securing federal funding for vegetation management.
• The Board approved the Mission Canyon Plan as put forth in the staff report.

Recommended Community Wildfire Protection Plan Development Process

• The Board approved the recommended development process with minor verbiage changes to Step 8.
• The change altered "adoption" to "consideration" to reflect the board's discretion in the process.

Resolution of Commendation for Lieutenant Ronald Sonny LeGault

• The Board presented a resolution of commendation for Lieutenant LeGault upon his retirement after 33 years of service.
• The resolution was passed and adopted.

Resolution of Commendation for Alma Ayala

• The Board presented a resolution of commendation for Alma Ayala as Employee of the Month for August 2011.
• The resolution was passed.

Closed Session

• The Board unanimously approved the settlement of all claims in Callaway v. County of Santa Barbara Workers' Comp Appeals Board for $75,000 in permanent disability.

Roll Call and Pledge of Allegiance

• The Board conducted a roll call, confirming all members were present. The Pledge of Allegiance was recited.

Approval of Minutes (July 12, 2011)

• A motion was made and seconded to approve the minutes from July 12, 2011. The Board voted in favor, and the motion passed.

Administrative Agenda

• The Board reviewed the administrative agenda. Items A3, A4, A6, A22, and A34 were pulled from the agenda at the request of a board member. These items included resolutions honoring the Old Mission Santa Barbara and Joe Garcia, an outside counsel agreement with David Lawrence, a professional services agreement with Service Master of Goleta, and the appointment of Ann Dietrich, Ph.D., to the Executive Committee of the Community Corrections Partnership. Public comment was received regarding funding for local organizations, vendor hiring practices, and performance monitoring of the Director of Alcohol, Drug and Mental Health Services.
• Item A11, regarding a telecommunications consultant services contract with Gartner Inc. not to exceed $145,000, was discussed. Staff noted the current phone system is at the end of its life and that a full Voice over IP replacement would cost approximately $3 million. The Board agreed to pull the item to gather more information on cost savings and features for future discussion.
• Item A19, concerning the Historic Landmarks Advisory Commission’s designation of the Bryce Beach Cabana and Finocular as a county historic landmark, was discussed. A board member requested the item be pulled to allow for a public hearing. The Board agreed to pull the item and schedule a hearing for September 6, within the required 90-day timeframe.
• Item A26, regarding the San Ysidro Road Safe Routes to School Path, remained on the agenda. Public comment addressed aesthetic concerns regarding concrete ramps and tree removal. A board member noted that the Montecito Association supports the project and that aesthetic issues had been resolved.
• A motion was made and seconded to approve the administrative agenda as modified, with items A3, A4, A6, A11, A19, A22, and A34 pulled. The Board voted in favor, and the motion passed.

Public Comment

• The Board received public comment from several individuals. One speaker requested an apology from a board member regarding a past alleged racial slur. Another speaker opposed a reservation system for Halama Beach camping, citing first-come, first-served access for families with limited income; a board member offered to have staff speak with the speaker after the meeting. Multiple speakers representing SEIU Local 620 addressed ongoing contract negotiations, expressing concern over the pace, requesting authorization for a two-year agreement, and citing concerns about wage concessions, pension reform, and offsets. One speaker discussed the impoundment of their vehicle, which they use as housing, and requested its release; a board member directed the speaker to staff for assistance. A speaker from Santa Maria, also representing SEIU Local 620, requested that the Board give negotiators full authority to reach an agreement.

Departmental Agenda

Item 1: Sheriff’s Managers Association Tentative Agreement

• Staff presented a tentative agreement with the Sheriff’s Managers Association (SMA). The agreement includes a 2.4% wage reduction through April 2014, a delay of a 3% wage increase until June 2013, and a reopener for pension reform negotiations after April 14, 2014. The contract extension runs through April 12, 2015, with estimated savings of approximately $640,000. Public comment was received from a representative of COLAB regarding pension issues and fiscal impact, and another speaker raised concerns about the Board’s treatment of the Sheriff’s department and unrelated budget issues. A board member noted legal constraints on unilateral changes to pension entitlements. A motion was made and seconded to approve the tentative agreement and two-year contract extension. The Board voted in favor, and the motion passed.

Item 3: Summerlin Oil Seepage Hearing

• The Board held a hearing to receive presentations from the California State Lands Commission and the State Division of Oil, Gas and Geothermal Resources (DOGGR) regarding oil seepage in the Summerlin area. Staff provided background on the Summerlin Oil Field, noting that while significant remediation has occurred, periodic oil sightings continue, particularly from the Becker Inshore Well. A State Lands Commission engineer presented the history of the field, past remediation efforts, and the current status of the Becker well, explaining that previous remediation attempts were limited by tidal conditions and Coast Guard decisions. Staff presented a geologic cross-section of the Treadwell Piers area, identifying the Becker well as a leaking conduit that manifests on the beach 10–15 days per year. An engineering approach for remediation involving a crane, copper dam, and coil tubing rig was outlined, noting the requirement for CEQA review and permits. Staff provided a status update on the Santa Barbara Channel Hazards Removal program, noting that eight of 24 identified hazard sites have been addressed using a $700,000 grant, with approximately $300,000 remaining for five additional sites.
• During Q&A, a board member inquired about the estimated cost for the Becker well project, which was stated to be approximately $700,000. A DOGGR representative noted a $2 million hazardous idle well orphan fund account but stated no Summerlin wells are currently on the remediation list. A board member indicated intent to work with state legislators to pursue funding. Another board member asked about the process for inspecting abandoned wells; staff explained that legacy wells predate current regulations, and DOGGR permits the plugging and abandonment of wells, requiring State Lands Commission to obtain permits from DOGGR for work on the well casing. A board member requested staff to address the relationship between legacy well issues and current policy debates regarding offshore oil exploration.
• Public comment was received from Andy Caldwell (COLAB), who argued that extracting and marketing the oil would be more cost-effective than plugging the well; Dr. Lee Heller, who urged the board to pursue funding through the state budget; Lee Williams, who expressed health concerns; Dr. Robert Johns, who questioned the use of the "craft fund"; and Kira Redmond (Santa Barbara Channel Keeper), who reported citizen complaints about oil sheen and odor. Staff clarified that the Becker well is not the primary source of daily sheen, with natural seeps being the predominant source, and that man-made wells contribute only 1–2% of overall offshore seepage. A board member asked about the cost and scope of a "master plan," with staff estimating additional surveys and studies would cost at least $500,000.
• A motion was made by Supervisor Carbajal and seconded by Supervisor Farr to: 1) receive and file the report/presentation; 2) continue working with state officials to pursue necessary funding from all sources, including the DOGGR account and state budget; and 3) work with state agencies to administratively scope out a master plan or determine the cost to fund one. The Board voted in favor, and the motion passed.

Item 4: Planning and Development – Hydraulic Fracturing

• Michael Harris, Planning and Development staff, presented the staff report regarding hydraulic fracturing, noting the item was continued from a June 7th briefing to allow for input from state officials. Harris stated that Planning and Development requires an oil drilling and production plan for any hydraulic fracturing and mentioned ongoing discussions with the oil industry and the potential for a programmatic Environmental Impact Report (EIR). Derek Chernow, Acting Director of the California Department of Conservation, introduced Elena Miller, State Oil and Gas Supervisor.
• During Q&A, Supervisor Lavagnino asked about the permitting process and lead agency status. Miller clarified that under CEQA, the County of Santa Barbara acts as the lead agency for environmental review, while DOGGR issues permits for drilling, reworking, or abandoning wells subsequent to the CEQA process. Miller explained that DOGGR’s Underground Injection Control (UIC) program excludes hydraulic fracturing from its definition, though all injection projects require review. Miller noted that DOGGR engineers conduct site visits for new wells and annual inspections for UIC projects. Supervisor Lavagnino asked about the integrity of well casings and potential groundwater contamination.
• The meeting continued with staff testimony and public comment regarding hydraulic fracturing, groundwater protection, and regulatory authority. Miller explained that the UIC program is audited by the US EPA and mandated by federal regulations under the Safe Drinking Water Act. She clarified the distinction between federal and state protection standards and addressed the federal exemption for hydraulic fracturing from the Safe Drinking Water Act’s UIC requirements, noting that the injection of diesel fuel is subject to Class 2 UIC regulations. Miller described "zonal isolation" requirements ensuring injected fluids remain in the target hydrocarbon zone and do not contact fresh groundwater. She reported on interactions with the Los Alamos Community Services District regarding monitoring wells and clarified that monitoring wells for drinking water are managed by the Public Health Department.
• Supervisors asked questions regarding the relationship between the 1983 primacy agreement and the Safe Drinking Water Act exemption, the lack of federal oversight, the application of DOGGR requirements to fracked wells, the source of water used for fracking, and the disposal of produced water. Supervisor Lovnino requested staff to provide the original intent of AB 591 and the major changes made to it.
• Public comment was received from numerous individuals. Speakers opposing fracking or calling for regulation/moratorium included Brian Sagi (Environmental Defense Center), Bob Fields (Sandy Nez Mutual Water Company), an unidentified speaker, Vera Benchton (Carbondaria), Jeffrey Stearns (CBA Carpinteria Valley Association), Susie Serban (Montecito), Carol Lee Krieger (California Water Impact Network), Kira Redmond (Santa Barbara Channel Keeper), Chris Rather (Los Alamos Valley), Steve Lyons (Kick-On Ranch), Michael Hanrahan (Carpinteria), Hillary Blackerby (Assemblymember Doss Williams’ Office), Dr. Lee Heller, an unidentified speaker, Geeti White (Carpinteria Grower), Renee Moss (Food and Water Watch), Nathan Alley (Environmental Defense Center), and Michael Lyons (Get Oil Out). Speakers supporting industry or opposing a moratorium included Thomas Gibbons, Marlon Brown, Merrill Blasio (Los Alamos Resident), Blair Knox (California Independent Petroleum Association), Andy Caldwell (COLAB), Kathy Staples (Santa Barbara County Energy Coalition), Jack Usseferi (Harrington Investments), Fran Farina (Los Padres Sierra Club), and Dr. Johns.
• Supervisor Carbajal requested a slide showing the changes to AB 591, indicating that two core functions—mapping of hydrocarbon resources in groundwater aquifers and disclosure of plant chemicals prior to hydraulic fracturing—were removed from the bill. The remaining provision requires disclosure of actual chemicals used within 60 days after hydraulic fracturing. The board agreed to take a break for lunch and return to see the slide regarding AB 591 and then proceed to take action on the item.

Agenda Item: Closed Session Report

• The Board reported on the completion of one item from the previously held closed session. In the matter of Callaway v. County of Santa Barbara Workers' Comp Appeals Board, the Board unanimously approved the settlement of all claims in the amount of $75,000 in permanent disability, less advances of $6,840.

Agenda Item A1: Resolution of Commendation for Lieutenant Ronald Sonny LeGault

• A resolution of commendation was presented for Lieutenant Ronald Sonny LeGault upon his retirement from the Sheriff’s Office after 33 years of service. Sheriff Pete Ensley spoke in support of the resolution. Supervisor Gray added remarks regarding LeGault’s service in North County. Lieutenant LeGault accepted the commendation. The resolution was passed and adopted.

Agenda Item A2: Resolution of Commendation for Alma Ayala

• A resolution of commendation was presented for Alma Ayala, Employee of the Month for August 2011, from the Treasurer-Tax Collector’s Office. Ms. Ayala accepted the commendation. The resolution was passed.

Agenda Item: Hydraulic Fracturing (Fracking) Hearing (Continued)

• The Board addressed a hearing regarding hydraulic fracturing. Michael Harris stated that water storage in pits would require a permit from the Regional Water Quality Control Board, noted that no cleanup has been required in the state to date due to hydraulic fracturing, and stated that the Regional Water Quality Control Boards play a supportive role to the Division of Oil, Gas and Geothermal Resources. Supervisor Gray requested that staff return to the Board with a memo outlining the feasibility of a moratorium. Supervisor Wolf suggested that staff review the Santa Barbara County Fire Department Business Plan to determine if modifications are needed to reflect issues related to fracturing, specifically regarding the storage of chemicals for 30 or more days. A motion was made and seconded to receive and file the report and continue the item to the September 20 meeting to consider available options, including the amendments proposed by Supervisors Wolf and Gray. The Board voted in favor, and the motion passed.

Agenda Item 5 & 9: County Redistricting Ordinance Hearing

• The Board held a hearing to consider recommendations regarding the county redistricting ordinance. Staff presented a summary of the plan adopted in the previous meeting, noting that after two requested revisions, the population deviation was 1.42% and the Hispanic voting-age population in District 5 increased by 2.55%. Staff then presented Item 9, a proposed redistricting map submitted by Supervisor Carvajal. The maximum population deviation for this plan was 0.98%, and the Hispanic voting-age population in District 5 increased by 4.7%. County Surveyor Mike Emmons outlined the specific district boundaries for this proposal.
• Supervisor Carvajal spoke in support of his proposed map, stating it complied with the Voting Rights Act, maintained equal population, and respected communities of interest. Supervisor Gray presented an alternative map, arguing that it kept Guadalupe in District 4 and maintained a 48% Hispanic population in that district. Supervisor Wolf discussed the impact of the proposed maps on the Mesa area, noting differences in boundary lines between the proposed maps and the previously approved map. Supervisor Gray stated she had no hard position on the specific line placement but emphasized the importance of keeping Guadalupe in District 4 and Lompoc whole. Supervisor Wolf indicated that determining the population balance for the Mesa area would require further time and analysis.
• Public comment was received from approximately 27 speakers from both the Santa Barbara and Santa Maria locations. Speakers addressed the placement of Lompoc, Guadalupe, and Isla Vista/UCSB within the county’s supervisor districts. Several speakers expressed concern over maps that split Lompoc between two districts or moved Guadalupe into a district with significant ideological or geographic differences. Speakers representing Isla Vista and UCSB students urged the Board to keep these areas in the 3rd District, while speakers from the Santa Ynez Valley expressed concern that the high population density and transient nature of the student population in Isla Vista/UCSB disproportionately influence district outcomes. Multiple speakers criticized the Board for drawing the maps themselves, citing conflicts of interest, and recommended that the Board recuse itself and appoint an independent committee or a citizens’ commission to draw the final boundaries. Other speakers supported the Board’s current process. Speakers referenced various maps, including the "MVP" map, the Central Coast Wine Growers Association map, and maps submitted by Supervisors Gray and Carbajal.
• The Board continued public comment. One speaker expressed support for the map submitted by Supervisor Carbajal, citing that it moves the fewest number of voters and keeps communities whole. Another speaker raised concerns regarding voter turnout statistics in the Isla Vista precinct and argued that the current Third District configuration disadvantages agricultural areas. A third speaker advocated for a prudent, incremental approach to redistricting.
• Supervisor Lavagnino expressed confusion regarding the status of previously discussed maps and questioned the board's direction. He presented findings regarding campaign contributions made by individuals associated with two of the proposed maps to a former supervisor, arguing that this created a perception of impropriety. He proposed referring the redistricting process to an independent three-person panel consisting of the District Attorney, a former superintendent, and another local official. Supervisor Carbajal responded by stating that the map he proposed was distinct from the previously discussed maps and addressed legal requirements and community concerns. He proposed using his map as a baseline and inviting Supervisors Gray and Lavagnino to negotiate the boundary between the Fourth and Fifth Districts. Supervisor Wolf expressed disappointment with the accusations made regarding campaign contributions and urged the board to move forward with the process. She noted that her primary concern was the treatment of the Guadalupe community. Supervisor Gray stated she could not support a first reading of the map because she believed the City of Guadalupe had not received adequate notice of the changes affecting their district. Supervisor Carbajal countered that the Mayor of Guadalupe had been notified over a week in advance.
• A motion was made by Supervisor Wolf and seconded by Supervisor Carbajal to move forward with Supervisor Carbajal’s plan, with the option for Supervisors Lavagnino and Gray to make modifications to the boundary between the Fourth and Fifth Districts. The Board voted to approve the motion. The hearing was trailed, with the board directing staff to finalize the ordinance and supporting documentation for a first reading at the end of the day.

Agenda Item 2: 2011-2012 Orcutt and Providence Landing Community Facilities District Special Tax Levy

• A motion was made and seconded to approve the recommended actions A through E. The Board voted to approve the item.

Agenda Item 6: Property Tax Exchange for Annexation into Santa Barbara County Fire Protection District (LAFCO Application 11-4)

• A motion to approve was made. The Board voted to approve the item.

Agenda Item 8: Mission Canyon Community Wildfire Protection Plan (CWPP)

• The board agreed to take this item before Item 7 to accommodate constituents with subsequent meetings. Public comment was received from representatives of the Mission Canyon Association, the Santa Barbara Urban Creeks Council, and the Environmental Defense Center (EDC). Speakers expressed support for the plan, noting its role in securing federal funding for vegetation management and its inclusion of conservation measures. One speaker from the EDC clarified that their organization supported the plan and had helped clarify conservation recommendations, emphasizing that future vegetation management projects would remain subject to the brushing ordinance and CEQA. Another speaker raised concerns that the plan was incomplete without prescribed burns on the wilderness side of the mountains and argued that strict adherence to species protection during fuel reduction could be impractical during high-wind fire events. Supervisor Carbajal acknowledged the efforts of the fire department, staff, and stakeholders in reaching a compromise. A motion was made and seconded to approve the Mission Canyon Plan as put forth in staff report items A and B. The Board voted to approve the item.

Agenda Item 7: Recommended Community Wildfire Protection Plan Development Process

• Public comment was received from the EDC and the Santa Barbara Urban Creeks Council. Speakers supported the development process and the inclusion of conservation recommendations in the process guidelines. Supervisor Wolf commented on the collaborative nature of the process and noted minor verbiage changes to Step 8 of the process document, changing "adoption" to "consideration" to reflect the board's discretion. A motion was made and seconded to approve the recommended process as amended with the minor changes to Step 8. The Board voted to approve the item.

Redistricting Map Adoption

• The committee reviewed the demographic changes in the proposed redistricting map. It was noted that the total maximum deviation between the highest and lowest districts is 1.0, which is comparable to other plans considered. Specific demographic shifts were highlighted, including a slight increase in the Hispanic voting-age population in District 5 and an approximately 5% increase in the 18-and-over Hispanic vote in District 3. Legal counsel confirmed that the population deviation is minor and that the plan does not present issues under the Voting Rights Act. A motion was made and seconded to adopt the amended map as indicated in the attached package. The motion included waiving the reading of the ordinance in its entirety, setting the second hearing for August 9 on the D agenda, and determining that the redistricting is not a project under CEQA. The motion passed with a vote of 3 to 2.

Closed Session and Adjournment

• The board adjourned to closed session to address existing litigation and labor negotiations. Upon returning, the board completed the closed session items. Supervisor Farr requested to adjourn the meeting in honor of Leo Masterson, a longtime resident and civic leader of Solvang who had recently passed away. The meeting was adjourned.