Board of Supervisors — 2023-10-10October 10, 2023

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BodyBoard of Supervisors
MeetingRegular Meeting
Date📅 October 10, 2023

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Meeting Summary

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

Administrative Resolutions

  • The Board adopted resolutions for National Cybersecurity Awareness Month, Adopt-a-Shelter Dog Month, Fire Prevention Week, and Indigenous Peoples Day.
  • These resolutions encourage safe cyber practices, pet adoption, fire safety, and recognition of Chumash history and culture.
  • Items A7 and A9 were approved, while Item A8 was continued to the next meeting to allow for further review.

North Fork Ranch Frost Ponds Project Appeal

  • Staff recommended denying the appeal due to the critical overdraft status of the Cuyama groundwater basin and potential CEQA deficiencies.
  • The applicant argued that the project protects vineyards and proposed a compromise of building two covered reservoirs instead of three.
  • Opponents cited significant groundwater level declines and argued that the project would exacerbate water scarcity and impact neighboring communities.
  • The Board voted to deny the appeal, upholding the Planning Commission’s denial of the Conditional Use Permit.

Board of Supervisors Agenda Policy and Protocols

  • Staff presented an updated resolution to replace Resolution 09-368, which guides meeting conduct and remote public testimony.
  • An ordinance amendment was introduced to establish regular meeting dates as the first three Tuesdays of the month at 9 a.m.
  • The Board approved the first reading of the ordinance amendment and the updated resolution.

Polling and Potential Tax Measures

  • Staff outlined three potential tax options for the November 2024 ballot, including general-purpose and special sales or parcel taxes.
  • The Board directed staff to conduct public opinion polling in November 2023 to gauge voter interest in these measures.
  • Supervisors discussed legal limits on tax increases and the impact of state ballot measures on the county's revenue strategy.

Other Business

  • The Board continued the termination of the OBGYN services contract for one additional week to allow for further review.
  • The Board acknowledged the value of the flood warning system and real-time data provided by Public Works.
  • The Board approved improvements to the Kachuma Campground, citing benefits for recreation and revenue generation.

Closed Session

  • The Board discussed existing and anticipated litigation, including the American Medical Response West case.
  • The Board authorized County Counsel to seek appellate review of the Regional Water Quality Control Board’s order regarding the former Simcoe Twist Drill & Tow Company site.
  • The Board also discussed the appointment of the Director of the Community Services Department.

Full summary

Administrative Items: Resolutions

  • Item 14 (National Cybersecurity Awareness Month): The Clerk read the resolution into the record, noting the county’s adoption of NIST-based policies in 2021, mandatory staff training, and plans to partner with the Department of Homeland Security. The resolution encourages citizens to engage in safe cyber practices. The resolution was passed and adopted.
  • Item 15 (Adopt-a-Shelter Dog Month): The Clerk read the resolution into the record, highlighting the benefits of adoption for shelter dogs and human-animal bonds. The resolution encourages the community to consider adoption as a first choice. The resolution was passed and adopted.
  • Item 16 (Fire Prevention Week): The Clerk read the resolution into the record, noting the 2023 theme "Prevent Kitchen Fires, Cook with Caution." The resolution reaffirms the county’s commitment to fire safety and urges residents to maintain smoke detectors. The resolution was passed and adopted.
  • Item 17 (Indigenous Peoples Day): The Clerk read the resolution into the record, honoring the diverse Native and Indigenous peoples of the Americas and specifically recognizing the history and culture of the Chumash people in Santa Barbara County. The resolution recognizes the county’s partnership with the Chumash Nation. The resolution was passed and adopted.
  • Other Administrative Items (A7, A8, A9): The Board reviewed items A7, A8, and A9. Item A8 involved a personnel decision with estimated cost savings of approximately $300,000. A motion was made to continue Item A8 to the next week’s meeting; the motion was seconded and passed. Items A7 and A9 were approved.

Departmental Item 1: Appeal of Planning Commission Denial – North Fork Ranch Frost Ponds Project (Case No. 23 APL-00023)

  • Discussion: The item concerned an appeal of the Planning Commission’s denial of a Conditional Use Permit (CUP) for three water storage reservoirs (frost ponds) on a 6,000-acre parcel to protect an 840-acre vineyard in the Cuyama Valley.
  • Staff Presentation: Staff recommended denial of the appeal, citing the critical overdraft status of the Cuyama groundwater basin, potential CEQA deficiencies in the Environmental Impact Report (EIR), and impacts to native grasslands. Staff noted that the Planning Commission could not make six CUP findings, primarily regarding groundwater extraction and general welfare.
  • Applicant Position: Representatives for the applicant (North Fork Vineyard) argued that the project is a mix of discretionary and ministerial acts, that CEQA applies only to the discretionary act, and that the EIR found evaporation impacts to be less than significant. They stated that the Department of Water Resources (DWR) approved the Groundwater Sustainability Plan (GSP) and that DWR modeling indicated pumping in the northwest region would not impact adjacent regions. The applicant proposed a compromise of building two covered reservoirs instead of three.
  • Opposition: Public commenters and representatives opposed the project, citing the critically overdrafted groundwater basin, significant groundwater level declines (up to 100 feet since 2016), and the inadequacy of the EIR’s threshold of significance. Opponents argued that frost ponds are ineffective in high winds, that the project would exacerbate groundwater depletion, and that it would impact neighboring communities and shallow wells.
  • Board Deliberation: Supervisors discussed the jurisdictional distinction between the Board (land use) and the Groundwater Sustainability Agency (GSA) (water use). Concerns were raised regarding the severity of the groundwater overdraft, the uncertainty of sub-basin connectivity, and the potential impact on other water users. Some supervisors expressed concern that approving the project would facilitate increased pumping during a period of significant water scarcity, while others noted the agricultural necessity of frost protection and the existing water usage of the vineyard.
  • Motion and Vote: A motion was made to deny the appeal of the North Fork Ranch Frost Ponds project and not certify the EIR, following staff recommendations. The motion was seconded. The Board voted to deny the appeal, upholding the Planning Commission’s denial of the CUP.

Departmental Item 2: Board of Supervisors Agenda Policy and Protocols

  • Discussion: Deputy CEO Brittany Oderman presented an updated resolution to replace Resolution 09-368, which guides meeting conduct, including provisions for remote public testimony. An ordinance amendment to Chapter 2 was introduced to establish regular meeting dates (first three Tuesdays of the month at 9 a.m.) and set general annual dates for the summer recess. The location and specific dates for 2024 meetings are to be established by a separate resolution in November 2023.
  • Motion and Vote: A motion was made to approve the first reading of the ordinance amendment and the updated resolution. The motion was seconded. The Board voted to approve the first reading.

Departmental Item 3: Polling and Potential Tax Measures

  • Discussion: Deputy CEO Brittany Oderman presented an update on potential tax measures for the November 2024 ballot. Three options were outlined: a general-purpose sales tax for unincorporated areas, a special countywide sales tax for libraries, and a special countywide parcel tax for libraries. Staff proposed conducting public opinion polling in November 2023 using the firm Fairbank, Maslin, Mullen, Metz and Associates (FM3) to gauge voter interest. The timeline includes refining proposals in early 2024, ordinance adoption in May 2024, and the election in November 2024.
  • Board Deliberation: Supervisors discussed the legal limits on sales tax increases, the inequity of taxing unincorporated residents for general services, and the impact of state ballot measures (ACA 1 and ACA 13) on the strategy. Some supervisors expressed a preference for raising revenue through business growth rather than tax increases, while others emphasized the need for public safety and library funding.
  • Motion and Vote: A motion was made to direct staff to conduct the proposed public opinion polling in November 2023 regarding the potential sales and parcel tax measures. The motion was seconded. The Board voted to approve the direction to proceed with polling.

Other Business and General Public Comment

  • Termination of Contract for OBGYN Services: The Board discussed public comments regarding the termination of a contract with an OBGYN physician and concerns about compromised patient care. A motion was made to continue the item for one additional week to allow for further review. The motion was seconded and passed.
  • Flood Control and Public Works: The Board acknowledged the value of the flood warning system and real-time data provided by Public Works for emergency response and agricultural use.
  • Kachuma Campground Improvements: The Board highlighted the project as a dual benefit of improving recreational opportunities and creating revenue. A motion was made to approve the item. The motion was seconded and passed.
  • General Public Comment: Members of the public provided comments on various topics, including the North Fork project, water rights, county services, the Santa Barbara County Search and Rescue team, and the termination of the OBGYN contract. Comments were entered into the record.
  • Closed Session: The Board met in closed session to discuss existing litigation (American Medical Response West v. County), anticipated litigation, significant exposure to civil litigation, and the appointment of the Director of Community Services Department. The Board reported that it authorized the County Counsel to seek appellate review of the Regional Water Quality Control Board’s cleanup and abatement order regarding the former Simcoe Twist Drill & Tow Company site. The action to seek appellate review was unanimous.