BOARD OF SUPERVISORS

All right, now we can get started. Good morning everybody. Thank you for being here. Welcome to this regular meeting of the Santa Barbara County Board of Supervisors of October 9th 2012. Mr. Allen would you call the roll please?

Ms. Wolfe?

Here.

Ms. Gray? Present. Mr. Lavagnino? Here. Mr. Carbajal? Here, Ms. Clark?

Here Would you all

Madam Chair, members of the board. First on item A6, this is from Public Works. The request is that the Board consider recommendations regarding the Tahequs Landfill Phase 2 partial final closure construction. This is County Project Number 129913 in the 3rd District and there's a request that this item be continued to your meeting actually on October 16th next week and we have a memo to that effect and you can make that part of your motion on the administrative agenda.

Secondly, on item D3 which was scheduled for later on today. This is from Planning and Development. It's a hearing to consider recommendations regarding the Goolsbee and Goolsbee-K appeals of the Montecito Planning Commission's approval of a Verizon wireless facility At the Montecito switch station located at 512 Santa Angela Lane in Montecito. This is in the first district and there is a request that this item be continued, and we have two speakers or We have one speaker on this item to talk to the continuous request mr.. Shatillo

Okay

supervisor wolf Thank You madam chair at the appropriate time I will step out of the room because I have to recuse myself on item a 12 And the reason for that is the proximity of my home to the project. So at your pleasure, just let me know when you're going to take that item up.

All right. We're going to deal with the administrative agenda except for 812 and then we'll deal with that separately and let you know. All right so as far as D3 goes then do we want to go ahead? Do we have to have somebody speak to that now?

Yes, Mr. Scintillo has a slip in on Item 3 to talk to the continuance request.

Good morning, Madam Chair, members of the board. Mark Shatillo and I just wanted to advise your board that I've been working closely with the Verizon folks to try and find an alternative location and they have agreed to extend the shot clock and support a request for continuance of the hearing. Until November 13th or November 6th, our preference is the 13th.

And so we'd appreciate your board offering us that opportunity to be able to try and work this one out further and find an alternative location for the cell antenna in Montecito.

Okay thank you. CEO Waller I think that when we talked about this in agenda review you thought that the sixth was better. Is that still your recommendation?

Chair Farr, I believe that will be the case. You may recall that there was some discussion on the jail project coming on the 6th but it appears at this time that that will very likely slide to the 13th which will make a very full day for you so currently I would recommend the 6th for that continuance.

Supervisor Carbajal this is in your district what do you want to do?

Well, I always like to acquiesce to my constituents when at all possible. I'm just wondering if the other party was so open or flexible to the 6th or the 13th if they didn't really have a preference?

Well, I think one of the considerations was that if

yes thank you we have a bit of a problem in the Orcutt area Last I think it was in June, the citizens of Santa Maria, the incorporated area of Santa Maria passed a one quarter cent sales tax increase. So there's so the sales tax went from seven and three quarters to eight cents. Well that took effect I believe it was yesterday. And some of the folks in Orcutt weren't quite clear that they weren't in the city of Santa Maria.

So some of the businesses in the Orcut area, and I don't mean just the small businesses even some of the large businesses are now assessing an eight cent sales tax when in fact they can't. And so I'm trying to get the word out but I'd like for county council to comment on this So that it will sound like I know what I'm talking about. Because I went around to businesses yesterday and some of them were like, who are you to tell us we don't have to pay this sales tax? So I spoke to county council in asking him to comment on if you're in the unincorporated area and if you don't know call the county clerk.

Don't raise your sales tax.

Madam Chair, the supervisor is correct. The imposition of a sales tax for the City of Santa Maria only affects the incorporated area and would not reach into any unincorporated areas or any other town or city in the county so I think it's important that People be aware of their geographical location, particularly if they're close to a boundary. Eventually the Board of Equalization will be advised of this when they start receiving tax receipts from areas that aren't in the incorporated city of Santa Maria so there'll be quite an unwinding process that will have to occur. So it's wise if those businesses become alert and aware of that sooner than later.

Is that something that our auditor's office would be involved with?

No, I believe all of that process would be with the State Board of Equalization who as I recall processes all the sales tax and they have all the requirements and procedures.

Okay, so Supervisor Gray

Thank you, that's what I needed. And I see Nora is back there writing rapidly so she'll cover this because people just didn't understand. Thank you.

Some did. Thank you. It was important to get the word out. All right and then we have other public speakers. Mr. Allen?

Madam Chair, we have three requests to speak. We'll start with Richard Robinson here in Santa Barbara to be followed by Jack Boysen.

Madam Chairwoman, members. President Obama when candidate Obama was asked who is his favorite president he did not say John Kennedy. He didn't say Abraham Lincoln. He said Ronald Reagan. Point. Skull and bones, when it was formed after the stock market crash in 29. George Bush Sr., former President Gerald Ford, I believe Princeton decided no more economic problems for the United States of America protect the system capitalism Mr.

Obama, my cousin, his wife is a Robinson, South Carolina. I don't have to go into a long dissertation about the interrelationship of black families in the United States of America for 400 years but when asked Ask about the ID thing, I see nothing but politics. The fact of the matter is when you register to vote your registration application is sent through a process that's determined whether you are a citizen of the United States of America Whether you are a felon, if you're a felon you can't vote.

And you receive in the mail a voter registration card. Now the whole argument about ID at the polls November 6th is a construct of those within my own party who are somewhat racist The fact of the matter is when the voter goes to the poll, all he needs for identification is his voter registration card unless the folks at the polls are somewhat unaware. Thank you.

Thank you.

Our next speaker is Jack Boyson to be followed by Lori Gaskin who's our final speaker for public comment.

Good morning.

Good morning, Madam Chair members of the Board of Supervisors. My name is Jack Boyce and I'm here representing Good Samaritan Shelter as you know the county of Santa Barbara has been under scrutiny by the Department of Housing and Urban Development resulting in a temporary freezing of home funds Good Samaritan Shelter is in the middle of construction of a 16-unit apartment building called Casa de Familia in Santa Maria, designed to house the neediest of the needy. Those individuals formerly homeless falling in the lowest of income categories.

Funding for this project is primarily from those home funds that have been frozen. This project is located on our shelter campus, providing supportive services onsite to assist in stabilizing these families and assisting in the ultimate goal of maintaining sobriety and self-sufficiency. In short, this is a very important project serving a population desperately in need of permanent housing.

The irony of this situation is that the Casa de Familia project is the poster child for what these home funds were originally intended for. We have been working closely with your housing and community development staff to solve this issue. I might add that your staff has been nothing but cooperative, and have demonstrated that this is an absolute priority for them and the County of Santa Barbara. We are honored to work with them.

We are here today to request that your board consider emergency funding to allow this important project to continue while the home audit requirements are satisfied. We have been under construction since June and have yet to receive any reimbursements. To date, we have incurred costs totaling $600,000 under the HOME program. Thinking it was going to be resolved in a few days, Good Sam advanced $59,000 to the contractor in early September to keep the job moving. We have been fortunate to be working with an understanding contractor who has seen fit to carry a significant portion of the financial burden.

Additionally he is responsible to numerous subcontractors who are owed significant amounts of money. As an example, one of the subcontractors was notified last week that his material supplier would no longer allow him to purchase on credit until his material bill for the Casa de Familia project is settled. This will have an effect obviously on his ability to perform on his other contracts and will have severe consequences.

If not resolved, we would ask that you consider agendizing an item for your next week's board meeting to consider providing Good Sam with emergency funding until home funds become available. While we are currently owed $600,000, 390,000 would bring us current with the contractor through August 31st and would allow work to continue until this crisis is resolved.

I am here along with Sylvia Bernard, our Executive Director if you have any questions.

Thank you. Supervisor Lavagnino?

Thank you Madam Chair. I guess I'd like to direct the question to our CEO is what kind of timetable are we looking at? Do we know what the timetable is of when these funds might be released?

Chair Farr, Supervisor. We have been working very closely with Good Sam and much like they appreciate the cooperation that they've seen from our staff we appreciate their cooperation as well. In fact, we've been able to put together a substantial response to HUD regarding the home funds and specifically Yesterday we forwarded that information to the federal HUD. They were on vacation yesterday, but we are following up with them with a phone call asking them to allow us to walk them through the information And to expedite their review, which would then free the funds. So I think we'll have more information for the board probably after that discussion later this week and will continue to keep your board informed of the progress that we make.

As to specifically when we would anticipate resolution, at this point in time we believe we have responded appropriately and fully to HUD's request. However, we can't control their timeframe for response but as I mentioned, we will continue to keep you and good Sam apprised of the progress that we're making.

Supervisor Gray then Supervisor Lavanina then Supervisor Carvajal

I believe that we should probably agendize this just in case. If HUD does come through, I think we should put it on the agenda so if we need to discuss the possibility of a bridge loan knowing that it's going to be funded that we at least discuss it and are ready to grant the loan if need be. So what I'd like to see is put it on the agenda. We can always pull it off if HUD comes through.

This

is

an unfortunate predicament we're in, but I think as we consider any bridge loan. I think one of the things we ought to be doing is really pressing our U.S. Senators and our congressional delegations so that they could call get HUD's attention to be perhaps as responsive as they can be and not delay any further, any interaction or communication with our office.

But having said that I guess anytime HUD puts the brakes on things, I think our board should also have a better understanding of audit exceptions and all those audit issues that usually draw the attention of HUD And as we have seen, we've had a lot of issues in our county in recent years that warrant some attention. So one I think we need to put some pressure on HUD to be more responsive and I'm glad to facilitate that to the extent that I can to help you Supervisor Lavanino since this is in your district but two I think it would be good for us to understand from HUD what it is that they have identified as exceptions to the audit because we have a responsibility to the taxpayers, as well, to make sure that any loan or expenditure of funds, that it's within keeping within the guidelines and there are audit exceptions that are also addressed which I know that they're attempting to do, as well.

Thank you. Supervisor Labanino?

Thank you and I'd also like to have either Terry or our CEO speak with our federal lobbyists, and this might fall out of a little bit of the scope of what their normal work cycle is. But expediting something through I think would, I'd like to see them involved in this as well so. I think this is something we need to walk through the process. I've dealt with federal government for many years, and these are things that can fall into black holes and take weeks and months if somebody's not babysitting it all the way through the process.

And I agree, I think what I would be concerned about is if HUD has requested certain information and we have fulfilled all those requirements that we should be done and not be expecting that they're going to come up with a whole new list of things to extend this process. And I think it's really unfortunate that Good Samaritan finds itself in this situation and of the other entities that were also asked to provide documentation They are the only ones that are under construction and really caught in this serious situation. So I'm certainly supportive of having more information and bringing this back.

All right, and I think we have one more public speaker.

Our final speaker is Lori Gaskin.

Good morning.

Good morning, my name is Lori Gaskin and I have the honor of serving as president of Santa Barbara City College. And what I wanted to share with you this morning is to put a face to a name and to extend appreciation for all you do in support of higher education in this region. I am in awe of your service as it exemplifies a real commitment to the common good and undergirding that common good is education. It is the fabric by which social continuity continues in life, it undergirds the strength health and vitality of our economy and our society and it creates opportunity and potential. And I want to thank you for believing in Santa Barbara City College And for giving us the opportunity to serve as we do with what I believe such distinction.

And I want to leave you with a comment that I have, that I look forward to the future. To partnering with all of the residents in the county and with all of you. To ensure that City College remains the institution of first choice. The institution of second chance and the institution of hope and potential. Thank you.

Thank you, and thank you for taking time out of your busy schedule to be here. I know all the board's looking forward to getting to know you better and working with you. All right that concludes public comment and we'll go ahead and take up the administrative agenda I don't think we other than a twelve we don't have any other speakers on other items so I'll entertain a motion to approve the administrative agenda except for a twelve.

Second

Thank you Madam Chair we could have Chief Dyer come up And I'm also going to ask him to bring up his, there we go. Mr. Peter Eric Peterson and Dave Sudecky will be joining the chief. And again it's a real honor for me to be able to present or sponsor this resolution proclaiming the week of October 7th through the 13th as National Fire Prevention Week. And as we all know, for many tragedies throughout the world and our country you can never prepare enough. And it's important for families and everybody who is watching and everybody who is here to take a moment to think about whether they have a fire escape plan in their homes that they've talked about it with their children with everybody who lives in the home to make sure that everybody's aware of how to escape during a fire And also to check those batteries in those smoke detectors that many of us have.

And for those that don't have smoke detectors, that they really go out and buy some or get some somehow and put them up in their home to ensure the safety of their families. Mr. Allen if you could read the resolution?

Madam Chair, members of the board. This is item A-1. It's a resolution proclaiming the week of October 7th through 13th 2012 as National Fire Prevention Week. Whereas October 7th through 13 has been declared National Fire Prevention Week, a time to reflect on our nation's past fire history remembering the Great Chicago Fire of 1871 and how out of that tragedy a national interest in fire prevention and safety emerged.

And whereas, the reality is that when fire strikes your home could be engulfed in smoke and flames in just a few minutes. And whereas it is important to have a home fire escape plan that prepares your family to think fast and get out quickly when the smoke alarm sounds. And whereas the 2012 National Fire Prevention Week theme Have Two Ways Out focuses on the importance of fire escape planning and practice.

And whereas the Santa Barbara County Fire Department is dedicated to the safety of life and property from all harmful effects of fire. Now therefore, be it hereby ordered and resolved as follows that the week of October 7th through 13th is proclaimed National Fire Prevention Week throughout Santa Barbara County In support of our fire service agencies, we encourage everyone to participate in fire prevention activities at home, work, school and every other place. In addition, we encourage every citizen to set apart Tuesday October 9th 2012 to rededicate themselves to the commitment of practicing fire safety.

And also to make this Fire Prevention Week the beginning of a year-long effort to improve fire safety wherever you are and whomever you are. Passing adopted today by the Board of Supervisors by unanimous vote.

Morning Chief.

Good morning Madam Chair, members of the Board. Observed each October National Fire Prevention Week commemorates the great Chicago fire 1871 by promoting fire safety every year a new theme is chosen for Fire Prevention Week this year's theme is have two ways out I also like to call it exit drills in the home or Edith Surprisingly, a recent survey by the National Fire Protection Agency showed that over one third of the American households had never practiced a home fire escape drug.

Let's not let everyone in Santa Barbara County be a part of that statistic. Fire Prevention Week also serves as a good reminder that fire safety and prevention should be practiced all year long. The Santa Barbara County Fire Department offers this simple fire safety checklist Install and maintain a working smoke detector and carbon monoxide detector on every level in the home, in sleeping areas. And remember to change the battery as Supervisor Carbajal said twice a year.

Designate two escape routes from each room in your house and practice them regularly. That may involve getting one of those escape ladders for the second floor if you need to get it. Teach everyone to stop, drop and roll in case clothing catches on fire. Avoid storing unnecessary items in the home or the garage. And we all know what gets stored in the garage.

Teach kids that matches, lighters, candles are tools not toys. Matches and lighters should be stored in a secure drawer or cabinet. And as a service to our citizens, anyone living in the area served by the Santa Barbara County Fire Department can call our headquarters at area code 805-681-5500 or visit our website at www.sbcfire.com to set up a free home inspection by one of our engine companies.

Our firefighters will give you helpful advice for evacuations, fire safety and making sure smoke detectors and carbon monoxide detectors are working properly. Emergencies can happen anytime anywhere while firefighters are critical in firefighting and responding to fires our best tool for preventing fires is an educated public by taking a few simple steps now to get prepared You can keep your family safe for the remaining 51 weeks of the year. Thank you.

Thank you, Chief. All right, and our second resolution to be presented is to adopt a resolution proclaiming October 2012 as Energy Awareness Month in Santa Barbara County. Certainly, as a county we do all that we can to be energy efficient and aware ourselves. And I think for all of us with the recent spike in gasoline prices if we weren't thinking about it before we certainly are now. And particularly with the winter months coming on. So for the county, many of you may have heard about our Empower SBC program but even before that the county was working on being more energy efficient ourselves and helping others be more energy efficient as well through our Innovative Building Review Committee.

Angie Hacker, Angela Hacker of our Empower SBC program come forward and I think Megan Bernie of the CEC and Herman Parker. Anybody else that wants to come forward to receive this resolution? And Angie at some point in time you may just or they may all want a speaker or you can introduce everybody. So Mr. Allen, I'm going to have you read the resolution please.

Madam Chair, members of the board. This is a resolution proclaiming October as Energy Awareness Month in Santa Barbara County. Whereas reliable and affordable energy is critical to Santa Barbara County's prosperity, health and quality of life. And whereas the production and consumption of energy affects our everyday activities and natural resources And whereas, Santa Barbara County has a long tradition of environmental stewardship and has implemented many programs that promote responsible and efficient energy use within county government and among its citizens. Including EmpowerSBC, the Innovative Building Review Program, the Green Business Program Landfill gas collection and conversion, fuel efficient vehicles and county facility energy management and renewable energy installations.

And whereas Santa Barbara County has made clean energy a high priority policy issue in recent years and is committed to efforts that support statewide goals to reduce the impact of traditional energy production and consumption on climate change. And whereas, Santa Barbara County is also home to many proactive organizations and businesses that work diligently to support local energy awareness and conservation efforts.

And whereas, energy efficiency and renewable energy development can offer employment and economic opportunities while contributing to a sustainable Santa Barbara County. And whereas the U.S. Department of Energy has designated October as National Energy Awareness Month to underscore how central energy is to our national prosperity, security and environmental well-being. Now therefore be it ordered unresolved that this Board of Supervisors declares October as Energy Awareness Month in Santa Barbara County and encourages all citizens to commit to improving energy efficiency and conservation efforts in their homes, schools, businesses and communities passed and adopted today.

Thank you so much Chair Farr, members of the board for the opportunity to accept the Energy Awareness Proclamation. The first energy awareness proclamation for the county. The Community Services Department is pleased to join with departments including general services planning and development and public works along with many active local organizations in continuing to work on addressing energy issues throughout the county. We appreciate the board's continued leadership and support as we engage in these efforts.

We welcome all to stop by our fuel up station outside this hearing room for coffee and information on October energy events, and local energy initiatives. And as one of the local organizations that is working on these issues, Megan Burney from the Community Environmental Council would also like to say a few words. Thank you.

Good morning Madam Chair, Board of Supervisors. Today I really just wanted to take a moment and thank the board for your leadership on this issue and also thank your staff they have gone above and beyond to help the community really reduce their energy use and the results are fantastic both in energy savings and a reduced environmental footprint and I know the county as well has seen greatly reduced operational costs and want to thank you for that

Thank you. Thank you for the work that you do and the CEC does. Anybody else want to speak? All right, thank you all. Thank you for being here. All right in our last resolution to be presented today will be presented by Supervisor Lavagnino. You want to go ahead introduce this one.

Thank you, Madam Chair. I already got the stare. Anytime you talk about 4-H and it's not Supervisor Gray, I feel like stepping on toes here. But I'd like to bring up Tiffany Cream and the Santa Barbara County 4-h All Stars. And while you're coming up, I just like to talk a little bit about them. I didn't have the opportunity to participate in 4-H as a kid, but I've seen them at the fair and their work with animals.

And after bringing them into my office and talking to him, I realized that's just a small portion of what they do. It's a great program that really instills a lot of great leadership skills in these young folks. Mr. Allen?

Madam Chair, members of the board. This is a resolution proclaiming October 7 through 13, 2012 as National 4-H Week in Santa Barbara County. Whereas, 4-h is the nation's largest youth development organization and expansive network of over 280 adult volunteers and over 800 youth members in Santa Barbara County. And supporting 6 million young people nationally engaged in project based learning activities in the areas of science, citizenship and healthy living.

And whereas, 4-H has been helping youth and adults learn and collaborate together celebrating the centennial in California this year. And with more than 600 million alumni across America responding to challenges every day in their clubs, communities, countries, and in their world. And whereas 4-H is brought to urban, suburban and rural communities throughout California by the University of California Agricultural Natural Resources and supports healthy families in communities by connecting parents and volunteers with University of California faculty staff and resources which direct access to technological advances in agriculture and environmental sciences engineering and technology health and human development and related areas.

And whereas 4-H teaches young people essential skills they need to thrive and succeed throughout their lives, such as identifying sparks, desiring knowledge, setting goals, self reflection, adapting to new situations, communicating and responding to the needs of others. And whereas, the University of California Cooperative Extension Santa Barbara County 4-H Youth Development Program staff and volunteers support young people from elementary school through high school with programs designed to shape future leaders and innovators. And help young people to reach their full potential as competent, confident leaders of character who contribute and are connected to their communities. Now therefore be it resolved by this Board of Supervisors that the county of Santa Barbara proclaims October 7 through 13, 2012 is National 4-H Week.

Pass and adopt it today.

Madam Chair, members of the board, our esteemed alumnus, Supervisor Gray, Supervisor Lavagnino, thank you for this honor this morning. I've been coming to this opportunity since 1999 first as a 4-h volunteer and the last two years The Santa Barbara County 4-H representative, and my name is Sherry Mills. And I'm just so excited to be part of 4- H. We're really on the go and on the grow. We've got fantastic volunteers in each and every one of your districts helping our youth in the county.

And this is our week every year where we celebrate National 4-h Week. We kicked off the week on Saturday With a National 4-H Youth Science Day event at Foothill School in Santa Barbara. We had over 160 people attend that event and about half of them were non-4-Hers, so it was a great opportunity to reach out into the Santa Barbara community and we have all of our clubs, about 18 clubs right now, a couple new ones. Still in the forming stages and some other ones in the works.

And all of the clubs are celebrating in one way or another this week as well, and we'll end this week with a booth at the Lemon Festival in Goleta where we'll be presenting our Agua Pura 4-H Watershed Education Project. We reached over 4300 people with that last year So that's something we're doing in addition to our clubs and we really appreciate your support of UC Cooperative Extension here in Santa Barbara County, which allows us to have a 4-H youth development program. And our program here in Santa Barbara County is becoming more and more well known up at the state 4-h office. We sent a delegation to our State Leadership Conference this summer. We were one of the largest delegations.

About 19 people go to that and that's for high school age youth. And we have another big delegation going to a leaders forum at Asilomar in November, and that's for our adult leaders. So you all should be very excited about what we have going on here for the families and youth of our county. We have a task force that was formed last year of youth and adults to work out a five-year strategic plan for Santa Barbara County 4-H, and one of our All Stars, Emily Martinez, was one of the young people that served on that task force. She's here with Tiffany Crane who is our All Star Advisor And three of our four all-stars and all stars are the county ambassadors, the top kids who've reached the highest level they can in the county program of 4-H. We've got Jonna Emrick and Patrick Metzler and Emily Martinez.

And over here, we've got some 4-H'ers from Carpinteria. You can tell they have a little bit different style maybe with their dress. They are in a club that's, yeah, they're the surfing guys, yeah. They're a club that is becoming more and more bilingual, and we're very pleased to see that happening reaching out to the Latino community in Carpinteria with that club And then we have a couple of our volunteers here today, too. Andreas Piper is here and Mrs. Kitt is over there. And would it be all right if they take some photos? Maybe if they could come through this way to get some photos as Emily speaks. So I'd like to introduce you to Emily Martinez now. Thank you.

Madam Chair and members of the board, on behalf of the Santa Barbara County 4-H members and the Santa Barbara County All Stars I'd like to thank you for this honor that you've presented us.

Thank you. Well we're all very proud of you and thank you for being here and for all the wonderful things that you're learning and we know that you're contributing to Santa Barbara County. And for the leadership that you have now in the position that you are in as All Stars to provide leadership for the newer members that are coming up so thank you for that. Anybody else want to speak that's here right now?

Supervisor Carbajal.

I know when we funded 4-H last time there was a discussion about incorporating carpenteria more and making sure they were not left out so I'm really pleased to see the breadth of diversity in geographic diversity and what have you so before us, so thank you very much and great job you guys all of you

And it's very nice to see part of our county family here. Mr. Piper is a part of it as well. Thank you for that. All right, thank you very much. All right now we're going to take up our last administrative agenda item A12 Supervisor Wolf. You're gonna be accused. All right, Mr. Allen, why don't you go ahead and read it into the record?

Madam Chair, members of the board, item A-12 is from planning and development. The request is that the board set a hearing for October 16th to consider recommendations regarding case number 12APL00000015. This is an appeal filed by Mark Stilwell on behalf of the San Antonio Creek Homeowners Association in the Channel Islands chapter of the California Native Plant Society of the County Planning Commission's approval of Park Hill Estates V.2 project and this is located in the Goleta area in the second district

I Think we have a couple of public speakers. We need to hear from first. We

have a request speak for mr Nelson, mr Jeff Nelson and also from mr. Sutilis will start with mr. Jeff Nelson

Morning, mr. Nelson

morning care fire and supervisors I'm Jeff Nelson on behalf of the Park Hill project team. I speak in support of the proposed hearing date of October 16. Planning Commission approved this project on September 5th, the hearing is set 41 days later. This will be the seventh public hearing on this project and they have hired yet a third attorney to file the appeal on this.

The delay has been a specific tactic of a few neighbors on this to delay this project that's consistent with existing zoning. And they succeeded in delaying it 850 days from filing to the Planning Commission hearing and 890 days to the Board of Supervisors hearing, which is extraordinary. Under the state law limits for processing projects with tentative maps. So we request that you set the hearing for October 16th as recommended by the staff. Thank you very much.

Thank you. Mr.

Thank you Madam Chair, members of the board. I'm Mark Shutillo for the Channel Islands Chapter of the California Native Plant Society and the San Antonio Creek Homeowners Association. I will withdraw my request for a continuation based on a discussion that I had with County Council where additional authority was identified with respect to the Subdivision Map Act and the requirement that the hearing be scheduled within 30 days. I don't necessarily agree with the authority or concur with it. I haven't done a full analysis but I can appreciate that it's going to be their opinion that this needs to go forward on the 16th.

It certainly does jam me given the amount of information that's involved in this particular project and so, I wanted to ask the board for a bit of dispensation and a courtesy to allow me to submit documents as late as noon on Monday. I know that the ordinary protocol is that you would receive all your documents by noon on Friday, and I will endeavor to get as much and hopefully everything to you by that time. But I have a couple of different experts that I'm working with, and this matter does involve some evidence that I would like to submit and provide to your board that you would have time to consider Before the hearing and I can appreciate it doesn't, it's never easy when you get large volumes of information at the last minute.

And as I said, I will endeavor to get as much as I can to you by the noon Friday deadline. But Madam Chair, I'd like to request that your board consider giving me some direction and authorization to file any other information that I accumulated and put together over the weekend So I can provide you with hopefully a more synthesized set of information that will be a little more easy to work through as opposed to just dumping a large volume of information that I haven't had a chance to organize for the benefit of the board on Friday.

Thank You Mr. Chateau. Counsel, do you want to comment on that request and how does that work procedurally?

Madam Chair, under your board procedures your board has the authority by four-fifths vote to accept late filings. Separate and independent from that most likely opponents, appellants would have the ability to submit CEQA documents The difficulty is that the later we receive the documents, the less opportunity staff has to present countervailing evidence. But that can also be factored in on any subsequent judicial proceedings by the court. So you do have the authority to grant late filing and perhaps, and we haven't had a chance to fully review the law in this area but perhaps have the requirement I'm going to go ahead and ask a question.

You know, take a formal action on it. I mean just kind of at least for the board you know we may get things on the Monday or the Monday night before hearing now maybe there's no requirement then that unless there's a vote that we take that into consideration but I know if I have a chance to read it I do take it into consideration

I think some late filings are not part of a record for subsequent judicial proceeding. If it's a legislative matter, then it's really just part of the information that your board has to consider. This is a quasi-judicial proceeding and the record is the determination... Is the basis upon which judicial review was had as compared to a legislative action.

Okay. Supervisor Gray?

Thank you Madam Chair. I'm concerned that the volume might be a problem, that the other side may not have an opportunity to respond and I know we do take late material but normally in Mr. Tito's comments he was kind of indicating that there was a lot there and it's not like this is a new issue so maybe we have to wait until we get it and then determine whether or not We can process it. I don't see how we can determine that right now.

Supervisor Carbajal?

Thank you. My biggest concern above everything is our inconsistency, even with quasi-judicial land use matters. I could probably go back and find all the times we receive stuff late But my biggest concern is inconsistency. So in whatever we do today, it's precedent setting if we're going to be consistent in the future. I sure hope CEO Waller that you're paying attention here because when we have land use matters We get a barrage of things the whole after 12 o'clock on Friday. They just keep coming in and Monday, and we never have a procedure that says okay this came in after 12 on Friday board Do you want to accept or not? There's-we don't do that procedure on a regular basis. We're inconsistent as you can be So if that's really our procedure, we oughta really have something by where the clerk gives us a packet and says this came afterwards You've got to vote on it because we don't consistently vote on it.