UnGovr Transcript
iHow this transcript is madeUnGovr transcribes the official recording with automated speech-to-text, separates speakers by voice, and matches voices to the seated roster. Names and attributions are AI estimates and may contain errors.Verify any quote yourself: click anywhere in the transcript and the official video jumps to that exact moment, so you can check any quote against the recording.0:02 – 0:0711 turns
Right, OK. So after the honorary. Good morning and welcome to the Santa Barbara County Board of Supervisors meeting of September 12, 2017 here in the county Santa Barbara hearing room. Ms. Alexander would you call the roll?
Mr. Lavagnino, here.
Mr. Williams,
May I have a motion to approve our minutes of August 29, 2017? All in favor say aye. Aye. Any opposed? Minutes are approved CEO's report Ms. Neosato.
There is nothing to report this morning Chair Hartman.
Okay turning to our administrative agenda we have 10 honorary resolutions to approve A17 through A26 could I have All in favor say aye. Any opposed? They are all approved and we're presenting five of them would you read a 22 into the record Ms. Alexander.
Chair Hartman and members of the board item A22 is from Supervisor Williams it is to adopt a resolution proclaiming September 2017 as National Recovery Month in Santa Barbara County and if the recipients hear from CADA From Good Sam and up in Santa Maria we have someone from Coast Valley in Santa Maria. If you can all come to the podium that would be great.
And I'll go ahead and read the resolution. Whereas the Santa Barbara County Behavioral Wellness Department provides, in partnership with community-based organizations, a continuum of care which includes the prevention, intervention, treatment and recovery from mental health and substance use challenges. Promoting the message that behavioral health is essential to wellness. And whereas this year's Recovery Month theme, Join the Voices for Recovery Strengthen Families and Communities The 2017 theme highlights the value of family and community support throughout recovery, and invites individuals in recovery and their family members to share their personal stories and successes in order to encourage others. And whereas the County of Santa Barbara Behavioral Wellness Department supports recovery programs in all areas of the county to assure everyone has an opportunity to achieve and sustain long-term recovery by improving their health and wellness Living a self-directed life and striving to reach their full potential.
And whereas we encourage individuals and groups who are in long term recovery to be vocal, assertive, and promote recovery. Now therefore be it hereby order and resolve that the Board of Supervisors proclaims September 2017 as National Recovery Month in Santa Barbara County and encourages all residents to support men, women, youth, and their families who are in drug and alcohol addiction treatment and mental health recovery programs throughout our community past and adopted today.
I would like to thank the Board of Supervisors for recognizing all of us in the recovery community for the important work we do. It's a very impressive group of community-based organizations that provide these services and were very thankful for the recognition. With me today is some of our key people. Ed Quay on the right is with Teen Court, we've got Jill Franzen who runs our adolescent treatment program.
We have next to Dr. Gleghorn we've got John Gabbert who runs our adult program and Wynn Bracayakou's administration.
I'm Sylvia Bernard. I'm the Executive Director of Good Samaritan Shelter and with me is our CFO, Hector Giron.
Again thank you very much for the recognition.
Thank you and Mr. Hamlin in Santa Maria were you going to say a few words?
0:07 – 0:104 turns
Mr. Hamm is not with us this is Chuck Madsen, Director of Programming for Coast Valley Treatment Centers. Thank you Board of Supervisors for recognition of those struggling it with addiction and mental health disorders and recognizing September as National Recovery Month.
Thank You Turning to item A23
Chair Hartman and members of the board, Item A23 is from Supervisor Wolf. It is to adopt a resolution of commendation honoring Custody Deputy John Furster upon his retirement from the Sheriff's Office after over 21 years of faithful and distinguished service to the citizens of Santa Barbara County. If I can have John come to the podium? Whereas, John Furster Jr. will be retired from county service on Monday August 28th 2017 having faithfully served the Sheriff's Office for over 21 years during which he served as a Sheriff's Corrections Officer and Custody Deputy. And whereas, John Furster Jr. started his career with Santa Barbara County on July 29th 1996 when he was appointed to Sheriff's Corrections Officer and was initially assigned to the main jail In December of 1998, he transferred to the Honor Farm now known as the Medium Security Facility where he finished his career having well and faithfully discharged his duties for approximately 19 years.
And whereas John Furster Jr throughout his career provided the employees of the Sheriff's Office friendship loyalty and whereas John Furster Jr provided the citizens of Santa Barbara County extraordinary professionalism and sensitive law enforcement service while dedicating his life to the pursuit of justice And now, therefore, be it hereby order and resolve that this Board of Supervisors commends John Furster Jr. for his faithful and distinguished service to the citizens of Santa Barbara County, congratulates him upon his retirement, and wishes him and his family continued good health and many years of happiness passed and adopted today.
I'd like to thank the board for their recognition. I also would like to thank my wife for putting up many years of the hardships we had to go through and helping me through them. Also, thanks to the Sheriff's Department, my partners. Couldn't be the best family that I ever could have had. Thank you very much.
0:11 – 0:144 turns
A 24.
Chair Hartman and members of the board item a 24 is from Supervisor Williams and Supervisor Wolf it is to adopt a resolution proclaiming the week of September 17th 2017 through September 23rd 2017 as Constitution Week in Santa Barbara County. And if I can have Anne Rycroft and Kathy Green who are receiving on behalf of the Mission Canyon Chapter National Society Daughters of the American Revolution come to the podium go ahead and read the resolution.
Whereas September 17, 2017 marks the 230th anniversary of the drafting of the Constitution of the United States of America by the Constitutional Convention. And whereas it is fitting and proper to accord official recognition to this magnificent document and the anniversary of its creation And to the patriotic celebrations, which will commemorate the occasion. And whereas it is fitting and proper to protect the freedom set forth in the Bill of Rights. And whereas public law 915 guarantees the issuance of a proclamation each year by the President of the United States of America designating September 17th through 23rd as Constitution Week. And whereas Constitution Week urges all citizens of the County of Santa Barbara to study And reflect upon the privilege of being an American with all the rights and responsibilities which that privilege involves.
And now therefore be it hereby ordered and resolved, that this Board of Supervisors proclaims the week of September 17th through 23rd 2017 as Constitution Week in Santa Barbara County passed and adopted today.
I'm calling Kathy Green up here with me because she worked for two years to get this proclamation. So on behalf of all of the members of Mission Canyon Chapter, National Society Daughters of the American Revolution we are very happy to accept it and we're grateful that Supervisor Williams and Supervisor Wolf have recognized the value of this important document as what you say is the 230th anniversary We feel that it has ensured the freedom of everyone who lives in this, what I believe is the best and always has been the best country in the world.
And in the spirit and memory of the men and women who fought for American independence sacrificing their lives and fortunes. Thank you very much.
Item A 25.
0:14 – 0:184 turns
Chair Hartman and members of the board, item A 25 is from Supervisor Wolf and Supervisor Hartman. It's to adopt a resolution proclaiming the week of September 10th 2017 through September 16th 2017 as National Suicide Prevention Week in Santa Barbara County. And if I could have Gina Carvalho on behalf of the Glendon Association come to the podium? And anyone else who's here with her as well?
I'll go ahead and read the resolution. This resolution recognizes suicide as a national and statewide public mental health problem, and suicide prevention as a national and statewide responsibility, and designates September 10th through 16th as National Suicide Prevention Week in Santa Barbara County. This week overlaps World Suicide Prevention Day, September 10th, recognized internationally and supported by the World Health Organization.
And whereas suicide is the 10th leading cause of death in the United States and the second leading cause of death among individuals between the ages of 25 and 34. And whereas in the United States, one person completes suicide every 11.89 minutes resulting in 44,193 suicides according to the Centers for Disease Control. And whereas, suicide is the only top 10th cause of death in the United States that has increased every year for the past decade. And it is estimated that there are over 1.1 million suicide attempts each year. And whereas, over 90% of the people who die by suicide have a diagnosable and treatable mental illness. It is estimated that 4.73 million people in the United States are survivors of suicide loss according to the American Association of Suicidology.
And whereas the stigma associated with mental illness and suicidality works against suicide prevention by discouraging persons at risk for suicide from seeking life-saving help and further traumatizes survivors of suicide, recognizes suicide as a national and state public health problem and declares suicide prevention to be a priority. Promote awareness that suicide is a public health problem that is preventable. And develop and implement strategies to reduce the stigma associated with being a consumer of mental health, substance abuse and suicide prevention services.
Now therefore be it hereby ordered and resolved that this Board of Supervisors recognizes September 10 through the 16th 2017 as National Suicide Prevention Week in Santa Barbara County passed and adopted today.
I want to thank the Board of Supervisors through the many years that we have been working on suicide prevention you've been such supporters of not just suicide prevention but mental health. I want to accept this resolution This is Anne Grimacy from Santa Barbara County Behavioral Wellness. It is a partnership, all of us together here in this community are helping to deal with suicide prevention and mental health and it's definitely with this partnership that we've been able to do the work that we're doing in this community. And I would like her to say a few words too to the Board of Supervisors and I want to thank you for your acknowledgement and your support.
I also brought fliers today. If anyone, we are launching these Save a Life flyers. They're very simple how-to if you're worried about somebody so I'll leave these here for you and thank you.
I echo Gina's words. We thank you so much for not only recognizing the importance of this week but recognizing the importance of this area of attention within our community. Thank and recognize the community for their involvement in so many activities that have taken place this month And also want to recognize and really thank and underscore the value of our partnership and collaboration between the Department of Behavioral Wellness, and the Glendon Association, the Santa Barbara Response Network, and so many others as we work together on this important cause. Thank you.
Thank you.
0:18 – 0:214 turns
Chair Hartman and members of the board, item A26 is from Supervisor Hartman. It is to adopt a resolution of accommodation honoring Jamie Bohorkas of Child Support Services as the September 2017 Employee of the Month in Santa Barbara County. And if I can have Jamie come to the podium? I'll go ahead and read the resolution. Whereas, Jamie Bohorkas has been selected to be the September 2017 Santa Barbara County Child Support Services Employee of the Month for her outstanding work as a financial office professional and as the department's safety officer. And whereas, Jamie embraces her role as the department's safety officer and performs such role enthusiastically and diligently which has been acknowledged even by those who were observed exiting the building using unapproved exit routes during the past three fire drills.
While continuing to perform her financial office professional responsibilities in an exemplary manner. And whereas Jamie is appreciated for her dedication and her craving for perfection in all tasks assigned to her, as well as for her communication skills infectious smile and humble behavior when working with clients and staff members. And whereas Jamie's individual efforts as a member of the child support services team have been made co-workers Feel safer in the workplace and have made a meaningful difference to families and children throughout Santa Barbara County.
Now, therefore be it hereby order resolved that this Board of Supervisors recognizes Jamie Bohorkas as the September 2017 Employee of the Month passed and adopted today.
I just want to mention what a delight it is to work with Jamie. She always brings an attitude of cheerfulness and joy to the workplace, and from her many years on the payment window, I can attest that she even makes people enjoy paying their child support.
I just want to say thank you to the board and to child support and to my family for making me the person that I am today and keeping us safe besides doing my other everyday duties. And they always say it takes a village, well it does take a village to get child support to the children in our community. Thank you.
Turning to the rest of our administrative agenda, Ms. Alexander were there any announcements regarding any items on the agenda?
0:21 – 0:2718 turns
Yes Chair Hartman and members of the board we have one announcement and that is the department is requesting to continue items A2 from behavioral wellness to consider recommendations regarding first amendments with transitions mental health association Mental Health Association for fiscal year 2017 through 2018. And items A3 is from behavioral wellness and it's to consider recommendations regarding a contract renewal with Crescent's first fiscal year 2017-18 to our meeting next week which is September 19 in Santa Maria.
So may I have a motion to continue those items to September 19?
So moved.
Second. All in favor say aye. Aye. Any opposed? So those items are continued so I have already A5, A7 and A24 are there any other items in the administrative agenda that any supervisor would like to pull? Do we have any public comment asking for any of these items to be pulled?
Yes chair Hartman members of the board we have requests on item a five and a twenty four.
Would you read a five into the record please?
Chair Hartman and members of the board, Item A5 is from community services it is to consider recommendations regarding the continuum of care program for fiscal year 2016 grant agreements and applications for the fiscal year 2017 continuum of care program competition.
Okay and Supervisor Lavinino I believe you yeah could we have public speaker first that might okay.
Chair Hartman members of the board we have one request to speak on this item and that's Chuck Flax.
Good morning Chair Hartman, members of the Board of Supervisors and members of the public. Chuck Flax from C3H, Executive Director. I'm also a member of the Continuum of Care Board of Directors. I also sat for the whole day as the Rankin Review Committee observed and approved The list of projects for this year's continuum of care grant. The item before you has several things going on but as I understand one of them is that you're gonna approve the county's entering into a plan to use next year's continuum of care money to administer some changes to our system And I just want to mainly say that I'm here if you have any specific questions about the process.
We did vote unanimously in favor of putting forward the application as is we are, I feel personally very sad that we had to pull some funding from existing We've been hearing from HUD how they plan to change the rules and make sure that we're doing things their way, or we risk losing millions of dollars. And so we felt that it was important that the county become very engaged in overseeing this work and ensuring that year after year we continue to get those funds.
It requires administrative oversight. It's an incredibly complicated system and process that I don't think any single agency can handle, and it needs the county's blessing and process to make it go forward. I don t like it. I don t think anybody likes how HUD is administering this. It s this annual very complicated process. But at this stage where we are in this transition, we need the county's support and involvement on an ongoing basis.
And again I'm happy to answer any questions. I know that HCD is here as well. Thank you.
Mr. Plax, I did have a question
and
that is so you participated in the process. Yes. Could you describe the criteria and how they've changed if they have?
You know I'm not an expert in this and I would defer to the expertise of HCD, but what I do want to say that my understanding is that when these funds were originally approved long ago we were in a very different situation in terms of homeless service providing. And shelters were really the front line to provide services to homeless people. Unfortunately in Santa Barbara to a large extent that's still true. We absolutely desperately need the shelters to continue their support because in many cases that's the only way to get people off the streets in the short term. However, HUD has made it very clear that the requirements now are really housing first and to get people off the streets as rapidly as possible. That includes, and in some cases the shelters are doing this, rapid rehousing and finding alternatives to sheltering people getting them into housing as quickly as possible So the big change that's happened is this push towards Housing First.
The second big change is the requirement that we develop a system called Coordinated Entry, and this particular system—this is where I think we need the county's support—it's a fairly complicated change in how we're doing business countywide. It involves opening up our HMIS system, expanding the number of licenses tremendously, I'd like to start by saying thank you to all of To an oversight to make sure that we're in compliance because if we're not in compliance, we risk losing the funding. And it's this annual complicated application that needs staffing support to make sure that that continues. Ideally, we could be independent and you know, we wouldn't need county administration to do this but I'm not aware of any counties that aren't doing this.
I mean, in general counties across the country are the ones that are administering the coordinated entry process and the continuum of care process.
Thank you. Any other public speaker slips on this item?
Chair Hartman and members of the board, that was our only request to speak on this item.
Are there any questions or comments? Supervisor Lavanino.
Thank you Madam Chair I do have a question so if but probably for HCD. So this is a complicated so the way I remember it and I was always kind of the one that was I didn't understand why always the same projects always got We're going to go through that process of why this is different.
0:28 – 0:337 turns
So HUD has definitely been asking communities to prioritize projects that provide permanent supportive housing, that implement a housing first model of service which is to rapidly get chronically homeless individuals quickly into housing and then provide the services afterward. And while we have a number of very outstanding homeless service providers throughout the county HUD requires communities through their continuum of care, which is the group of stakeholders to really double down and do a very methodical process looking at performance measures on how programs have been able Thank you very much.
is we had the community go through this process of identifying a scoring tool which would really look at projects and look at how well they've done through their annual performance reports. So this was a very objective review of reports that they are already submitting to HUD, and what we did is we put that information into a grid. And so depending on how well projects did or how many individuals they served Whether they were able to draw down their funds in a timely manner, it actually created a quantitative score for those projects. So afterward those projects were ranked and then it was up to the committee to essentially provide a subjective review and they could also add what other priorities the community wanted to place on top of that if they wanted to adjust those priorities.
Okay thank you. So the, but it seems like there's a and we've contracted now with Home Base that is out of the Bay Area which has a housing first kind of model I mean background or are they just trying to match us up with the HUD requirement?
They're actually matching us up with the HUD requirements so The board of Supervisors meeting And I'm a
real late comer to housing first because I totally did not buy into it at all originally and now I do see a place for it but for me, it's not instead of clean and sober housing. It's in addition to and so I have Because and I thought this was kind of the way our county was moving. I know at least in the North County we have clean and sober shelters. My thought was that the South County was also because funding partners in the private sector were more interested in funding clean and sober shelters than they were maybe a housing first or rapid housing can you talk speak to that at all why?
So what HUD has found is they've been implementing what they call an evidence-based model, which is to get the chronically homeless very ill individuals off the street very quickly because they found that to provide services in a transitional emergency shelter setting was simply not going to help those folks who have issues of mental health And I think Santa Barbara County has done that. We've stepped up with our general fund funds for shelter projects here locally We have the Human Service Commission.
We also have been very successful in getting state emergency solutions grant funding, and this board approved over a half million dollars last year, another $650,000 this year from state ESG funding. And what's interesting is that both the state and HUD are saying the same thing. They're saying that communities need to implement a housing first model They need to also implement a coordinated entry system, which is to assess people equally throughout the communities that you're getting the very sickest people into housing first.
The other grant that we expect to get in the near future is called No Place Like Home. That is specific funding to construct permanent supportive housing for those chronically mentally ill Individuals and that's actually a grant that behavioral wellness is working on now, and we're at we're working with them as well
Okay, my last request would be Well when do we find out? What the result of this application is
So we're submitting the application but HUD always works a year in advance, so we won't receive notification about our funding award until possibly sometime in December of this year with contracts to be available in 2018. So this change is not really going to go into effect until mid-2018 and at that point I think we'll have an opportunity to look Thank you.
0:34 – 0:4621 turns
Supervisor Wolf. Thank you Madam Chair, Ms Lockhart thank you for being here and for monitoring this program which is very extensive and your reporting your staff report was also extensive and it brought up a concern for me. And that has to do with the monitoring of the clean sober living in the LTHP program I think we talked to you I would like to get some. Assurance because what what is stated in the report is that there has been some concerns with the findings related to program design client documentation and misclassification of line items that had been identified and that staff believes a resolution of these findings will be completed If those findings are substantiated, do the funds continue to go to the organization as specified?
And I'm sure you understand the reason why I am bringing this up because of our past experience with another provider.
Absolutely. So yes, Supervisor Wolf through the Chair. This county and HCD and CSD takes HUD regulations very seriously. And to that extent, as part of our fiduciary duty as the grantee which sub-grants money to Good Samaritan, part of our duty is to monitor projects and so we did that this year. In fact, we did it twice this year. We involved Home Base who is a technical assistance provider and they did the review using HUD regulations using the HUD handbook They went out, they did an assessment, wrote up their findings.
They also provided those findings to staff. We went out there a second time, reviewed those notices and findings with Good Samaritan. We did a financial review of their bookkeeping and we found that There are issues as they pertain to the strict adherence to HUD regulations. So for example, HUD wants you to document chronically homeless individuals. They want you to have in your records how you've identified how many times a particular homeless individual has been homeless over the last three or four years. Many times homeless individuals don't recall The other issue regarding of funding.
Expenditure line items again it's it's not that money was ever misspent or miss or incorrectly used It's simply that if you indicated some operational expense, but you classified it as case management. You either have to do a budget revision or provide the time sheets and documentation to support that. So it was at that level of specificity none of the issues rose to the level Miss use of funds or or the program was not impacting or or effect. Improving the lives of homeless individuals it was an issue of documentation and simply making budget revisions so that the budget that had has is consistent with the invoices and documentation were being that we're being submitted by good Samaritan so staff is working through those issues we consider them at the level of technical assistance And we expect those issues to be resolved within the next 30 to 60 days.
It's simply now a matter of getting a final report out to Good Sam and Good Sam to provide documentation that they have been able to provide all the documentation that home base and staff have found
they need. Okay well thank you for that explanation and so based on what you said I trust that everything will move forward in that Your staff has reviewed everything and it will be fine. Yes. And thank you for doing the follow up that we would expect. Appreciate that. Thank you.
Supervisor Williams.
Well one thing I noticed about the scoring in system in this case that there was one. Applicant that did not get as high but the points were very close and it can't how does the work of the process work in those cases, I mean do we sometimes you go when when it's that close to go well what if we reduced all grant amounts by 5% and then we we Fund one more project mean do you ever think about doing things that way and of course I guess the ramifications in this case would be depriving ourselves of. Of money but I mean.
How is that ever part of the process and shoot and if it's not should it be.
So that would be a great solution and staff would gladly jump on that solution if that were permitted and if that was something that HUD looked favorably on. But HUD wants communities to really Fund those projects that are meeting community needs, which are the permanent supportive housing projects assisting chronically homeless individuals. And simply shaving off from all the projects to fund a less priority project for the community is not where HUD wants us to be. HUD looks at the entire application, they score the entire application. They look at your scoring process so this whole process that we've gone through, the use of the scoring tool, the use of three committees, the rank and review and appeals committee and the COC board all of that is part of our point score to really We're going to secure the entire funding that's available to this community, which is $1.7 million.
But this is competitive funding so our entire process is transparent. It's transparent to the community and it's transparent to HUD and they will score us depending on how we have selected projects. So that's why we went through this very difficult
process. So if I'm understanding correctly we would undercut our position in winning the grant if the board changed what the public process or what this very tri-level process has determined.
Yes, yes at this point I would not encourage the board to go in that direction because Again, HUD wants this to be a community process and the other issue I would say is that even the county has applications in this.
So it's a conflict of interest? Absolutely. I just wanted to say a couple of things and echo what Supervisor Lavinino said about clean and sober living and housing first. It seems to me In housing, there are many different populations and people who are mentally ill and addicted and isolated. The Housing First model is a really appropriate one but for families who were evicted from their home or women with children who are recovering Thank you.
I also want to just say that I've had the opportunity of visiting the Good Samaritan facilities in Lompoc and in Santa Maria they were featured and we brought a busload of people with first five seeing what works. And we visited the Santa Maria facility and it was extraordinary so I'm a big supporter of that model as well, and I just want to put that on the record. Supervisor Wolf?
Thank you Madam Chair this conversation just brings up another question for me. Who is on the COC board? Because it looks like from your report that the board then recommends the COC review and rank committee that is appointed by the board. So I'm just curious who sits on the board?
So I'll speak to the question in general and then get specific so although the COC Board approves the final ranking Those COC board members who are conflicted, that is those who have applications being considered must recuse themselves. And board members that also participated in the rank and review process or appeals process must also recuse themselves. So the individuals on the COC Board who actually approved the final rank and review We're a subset of the board and that was only 3 individuals on those 3 individuals who had the final approval were not conflicted.
But to get specifically to your question on the board are representatives from transition House good Samaritan people self-help housing, housing authority, the city of Santa Barbara, a city of Santa Barbara representative County of Santa Barbara, I hope formerly homeless community member Housing Authority of the County of Santa Barbara, New Beginnings Counseling Center, County Public Health and the City of Lompoc. So those agencies are formally represented on the COC Board.
So I can only hear one that might not have a conflict. So which would be the homeless representative but you said that there's three or is at the ranking committee?
So so I neglected to mentioned that the board has a new member which I forgot to mention was Chuck Flack so the individuals who voted for the final rank and review committee were City of Santa Barbara, Central Coast Collaborative on Homelessness and People Self Help Housing. So I forgot to include. Central Coast Collaborative is on my board as well.
Okay all right thank you.
So I see no more lights. Do we need to take a vote on this item or just vote as part of the administrative agenda? Okay, well we'll move on then thank you. Thank you. A7 would you read that into the record?
Oh one last question. And this thing maybe should have been a D, it's probably going to be our longest item of the day.
Please let us know if you want it to be a D item
next month. I think any time we're passing out money. On the licensing that you had mentioned, how many licenses are we putting out there right now in the community? It's a lot.
So I don't have that exact figure and I apologize for that. But we don't, we don't have enough licenses so we have prioritized those agencies that are required to have a license which are the COC funded agencies and those agencies which have other federal funds which get their funding if they are partnering with the local continuum of care such as Veterans Administration and I think runaway and homeless youth. There's a couple of grants that also receive federal dollars that are required to partner in HMIS.
Thank you. Go ahead and move the item.
I think we decided we didn't have to vote on this one okay so read A7 into the record Ms. Alexander?
0:46 – 0:527 turns
Thank you. Thank you.
You know when we originally did this you know we were adding dollars to a recording fee and I just wanted to give a big shout out to the DA's office and our district attorney Joyce Dudley. You know for one full time employee I want to start by saying thank you to the board of Supervisors. We've been pursuing 45 investigations and I don't you know, I kind of wish everybody had a chance to read this report in public. There are some people doing some crazy things out there in real estate fraud.
Amazing, and it's great that we have people looking out for us. And I really applaud the DA's office of sitting down in the recorder assessor's office trying to kind of be a voice of reason for people that are trying to defraud the county by encouraging them not to move forward with their illegal activity. I saw the monetary loss suffered by victims of this case close to $5 million. So, I think it was money well spent and just a big shout out to Joyce and her crew.
Okay. And the only other item I had was a public speaker on A24 is that correct?
Chair Hartman and members of the board yes we have a request to speak on Item A24 and that was previously read into the record and the speaker on that is Denise Adams.
Good morning. Thank you for allowing me to speak and thank you Supervisors Wolfe and Williams for acknowledging the importance of the United States Constitution. As a resident of the county I'd like to know what that means now that we've acknowledged the importance of the constitution, I want to again share What I know, the typical student and person in Santa Barbara County doesn't even know about our Constitution. So my question to you is how are we going to implement something related to Constitution Week for the 231st anniversary of the Constitution?
For example, one of my personal concerns here in Santa Barbara County is that my Sheriff Brown, he's up in Sacramento. I've met with him on Washington D.C., and he's in full support of implementation of the Constitution. He rose recently with the Sheriff's Association. He's blasting SB 54 which is our sanctuary state building. And the U.S. Constitution's a unifier, and if people understood the Constitution they would understand that Sheriff Brown is trying to uphold the rule of law in the Constitution If you go like I have for years to the Boys and Girls Club, I've been involved there for 30 years on both. The typical student has no idea what it is they've never read it so I wanted to share with you today that I'm very willing as are others who support the Constitution if you want a plan and expand the constitution week for next year we will provide pocket constitutions to students so that the schools whether in Santa Maria Orchard Santa Barbara, Carpinteria.
They can read the Constitution and at least know what the preamble says that we are the people and we're a unified group of people. I then went to a meeting at the Hyatt Hotel as a guest where my district attorney for the county she spoke in front of approximately 400 people at the National Women's Political Conference meeting and she assured us that They do not have to follow the rule of law, and that everyone's safe. Then I went and read the mission statement for the county district attorney. The mission statement doesn't say anything about the Constitution. It makes no reference to upholding the Constitution or following the rule of law. Rather it says our mission is to be ethical and moral. That's important too but I hope you'll take this opportunity Make this meaningful week more than just a proclamation on a piece of paper.
As a citizen I want to thank the Daughters of the American Revolution and again our two supervisors for putting it at the forefront now with discourse, I think it has a very important role to play in our community and I want you to know when you decide how to implement it or what to do to expand it for 231 there's a group of us who will help make those constitutions available. Thank you
Supervisor Williams.
And I know normally we're not supposed to respond to public comment but I just wanted to say that I would be happy as a former history teacher anytime you any community group could get together, high school or junior high students or even college students those are age groups of my former expertise. I'd be happy to volunteer my services to teach a unit on the Constitution and citizenship You know it is frustrating that it's not just young people its Americans in general have a very Short memory is part of one of our advantages in some ways but it's also one of our disadvantages.
We reinvent ourselves and we reinvent our country but sometimes we do it without the knowledge of those that have come before us so I would be happy to volunteer my services on any day except for Tuesdays to speak to a group of students.
0:52 – 0:599 turns
Okay may I have a motion to approve the balance of the administrative agenda? All in favor say aye.
Aye.
Any opposed? Administrative agenda stands approved and now we turn to public comment this is the time during our meeting when we have public comment on matters that are not on today's agenda.
Chair Hartman and members of the board, we have eight requests to speak on general public comment today. And we are going to begin here in Santa Barbara with Linda Entie, to be followed by Colleen Peterson. Linda?
Good morning. Dear supervisors, two weeks ago you kindly gave me the opportunity to share with you the horrendous situation my son and I have been forced into Owing to the illegal granting of conservatorship of my son William to my former spouse Philip Entie by Judge Staffel seven years ago, I now feel that it is imperative I update you as to the present situation and the most recent violation of William's civil rights. The details of which are provided in the handouts.
I know you must be inundated with materials and handouts However, I do implore you to give much thought and consideration to this situation. One of the reasons I feel compelled to make awareness of this issue is because this is not just an isolated case. But it is happening in your jurisdiction. There are many, many victims of isolation and abuse not just through conservatorship but also by the authorities in the residences and establishments in which they reside.
These victims whose voices cannot be heard are not always the elderly and the infirm. They are often young people with a disability or perhaps what was once considered to be a disability and is now not the case. Often these young people have evolved considerably since they were conserved at 18 years of age. However, it is almost impossible to reverse the lifelong sentence imposed by conservatorship upon them.
Upon closing I wish to inform you that Novellus is no longer allowing me to visit my son Contrary to the judge's orders, they have also threatened to call the police if I should dare to even try to see him. This, Supervisors, is a Dickinson travesty of justice in the year 2017 affecting both me and my much-loved son deeply. Thank you very much for your time.
Our next speaker is Colleen Peterson to be followed by Peter Marin. Is Colleen here?
I want to apologize. First off, I had not meant to come on a day in which Behavioral Wellness was getting all the awards or I would not have probably come but maybe this is a dose of reality. My name is Colleen Peterson and on September 1st 2015... Would you speak
just a little more loudly
we don't want to miss a word and thank you. On September 1st, 2015 I was taken from my home and held against my wishes by a person who represents behavioral wellness. It was called a 5150 hold. A relative who did not live in the area was concerned for me and had done a wellness call. Had I considered suicide? Yes, but had not acted on it. Let it be known I had not done any harm to myself nor was in any immediate danger. In fact, I just finished having lunch with a friend at my home and was expecting another friend to visit me that afternoon.
But my calm and peace was shattered when a young and inexperienced person who works for Behavioral Wellness demanded that I be taken to Lompoc Hospital. He appeared angry and controlling. He did not listen nor ask questions. Once at the hospital, my purse, phone, clothes were taken away. I was given blue scrubs in a cold room with sliding glass doors. It was an emergency room which I can guarantee you had better use for it than me.
My friend who followed from my home came into the room and we hugged. And as we did, a woman came into the room quickly and shouted inappropriate behavior. I quote, a third party written account that I had obtained recently. PT quote unquote patient and visitor was told by Gabriella that behavior was inappropriate. PT verbalized understanding and became very tearful. PT hugging visitor goodbye.
Next day, it's written in the papers. PT friend is requesting a visit. Notify that patient will not be having visitors at this time period per policy and past interaction with visitor. This is over a simple hug. I sat alone, scared and bored in that room. I couldn't understand why no one was coming to see me or why I was wasting a hospital room. My concern was for my dogs and the future bill of the room was stressing me." Another quote from the writer I do not know why.
24 hours after being held there, I walked in the hallway and demanded to speak with someone from this so-called CARES. Within 20 minutes two men walked in asked two questions of me then walked out told the hospital staff to get my clothes they drove me home It was a nightmare, ironic. I was going through a divorce with attorney fees of $60,000, an ex-husband who took our money when we moved overseas. I was broke, tired and scared. My life in a gated community in Orkut as a mother and wife of 30 years was gone.
Behavioral wellness agency made my life worse. The lack of care and indignity was surreal, there was added stress and humiliation. I reached out to Alice Gughorn with no reply. I'm asking you today to reimburse me for the hospital bills that went from $7000 I got down to $2110. I believe that the budget you'll be discussing later in this meeting, or maybe you already did.
Involve behavioral wellness of the two and over $2 million will cover this payment. Thank you for your time on this matter. And I'm quite embarrassed, I'm sorry about today.
0:59 – 1:0612 turns
Our next speaker is Peter.
Supervisor Wolf, yes. Thank you. Mr. Gazzone could you direct the last speaker where to make a claim against the county?
Yes in fact
I'll step
out just for a moment
and do that. That would be good thank you.
Our next speaker is Peter Marin to be followed by Ed Kalaski.
I'd come today all prepared to make a vehement and no doubt eloquent complaint about the sheriff and the jailers who up till today were still dragging their feet about the ride program. On my way in, I was assured by the jail commander that they have finally decided at which points they can drop people off in town which seemed to have taken up to three weeks And within a week or two, that's a quote. They will have the jail ride program up and running for which I'm very glad. I want to especially thank Doss and his office for keeping after the jail and helping put this whole thing together and through what I've discovered as I sat in the back is that once you put something into the bureaucracy it is more likely to go wrong than if it was kept outside of It would have been my recommendation to you that you take this ride program, give it totally to Good Sam which is the way it used to run.
Have the jail cooperate with the organization that's running it but not leave anything up to the jail because it does take them necessarily I believe three or four times or even more time to get something up and running than it takes people working outside the system so maybe when we look at this again we can think about doing that It seems to me rather than working with the sheriff you could fund Good Sam directly, which is what we used to do when it was a private program.
And the jail just hosted the ride program but had nothing really to do with running it and at that point it worked much better. Having said that I see I have a few minutes left. Continuing to pressure the city. To diminish the number of inebriates it sends up to the jail because that's the majority of people who are requiring rides at night and there is no reason most of the people sent from the city up to the jail could not be sent to the sobering center in the past I was told it's the city's policy curious an unwritten policy that if people are repeat offenders They don't like to take them to the sobering center more than three or five times because they seem to feel it discourages their inebriation by taking up to the jail and making them walk back to town.
We all know that doesn't work and it's not true, and hopefully the police chief will see that it's not so and maybe cut down the number of people that the jail has to take care of. I will add that the city pays nothing towards the ride program I want to make it clear that not only do we need the rides but that the people it sends to jail are the majority of people who need the rides. There seems something wrong with that and I talked to Chuck flax about raising this issue at C 3 H so that the county and city can talk about it there's no reason Having said that I want to add one thing to the discussion about HUD and that is in our experience the problem is with the disabled who still get $800 or $900 a month which they got 20 years ago. That is not sufficient to get anybody housing in Santa Barbara or any surrounding area And those of you who can should pressure the city, should pressure the federal government to double that amount because it's the only thing that will get half the people who are on the streets off the streets.
Thank
you.
Our next speaker is Ed Kolaski to be followed by Elizabeth Williams.
Good morning. Boy, this is really appropriate today with Steve's comments and Doss' comments and with the lady talking about the Constitution. She was talking about people taking the for sale sign down on a house and people moving in. Well I went to the Board of Architectural Review here to have my project reviewed. That's my project there. The red outline is the second story overlay over the dining room, the kitchen, and the garage When I went before the board the fifth day or the fifth meeting, I expected that we were going to get approval. We had a five-to-two vote prior to this and the two dissenting votes did not like the idea that our second story was solely over the garage so we expanded it over the kitchen in the dining room.
So what are they going to do? We already had a five-to two vote. They had a scheme set up ahead of time to kick us out of the meeting. Just like being kicked out of a house or putting up a for sale sign, you're not allowed here anymore! This is the fifth meeting we could not get our project that project presented to all seven members four of the members never saw the project they had no idea they said Ed you didn't make any changes We added three hundred square feet to a four hundred square foot project. What do you mean we didn't make it? Why don't you look in the documents?
Oh, by the way, the sixty-four page report on our house supposedly doesn't show this drawing. It shows some of the old drawings. It doesn't show the overlay. They didn't want anybody to get confused that the overlay is over the kitchen and dining room and the garage. This is your for sale sign This is corruption, kicking us out is illegal. It's also a scam if you make somebody pay as a requirement to do a duty you are required to at least do something answer some questions we weren't allowed. We were kicked out in 15 seconds The constitution.
Yes, I've mentioned this many times. You stand up here for liberty and justice and you got this corruption going on? You know what, I talk to architects and I show them this and I tell them hey we were ruled solely over the garage and they look at you like you're crazy. That isn't solely over the garage! What are you talking about?! They can't find an architect who will say that's solely over You know, Dossier is in history.
And he knows about the Constitution and rights. And we need to clean up something here. There are five members here. Not everybody's corrupt just like on the Board of Architectural Review. Not everyone was corrupt. Four of them were not corrupt. Two of them were told what to do.
Thank you Mr. Kulaski
1:06 – 1:1212 turns
Our next speaker is Elizabeth Williams to be followed by Penny Collins.
Supervisor Williams?
I guess I'm feeling uppity this week, I just wanted to make sure that people in the audience and Mr. Kolaski know that it may sometimes be a frustrating process but the only way to remedy it is to reapply That we as a board don't just overturn those decisions without the process and the process that he would undergo would be a reapplication.
Thank you please go ahead.
Thank you for listening to our group today. I'm with the rest of us at the end of the aisle here and it's about conservatorship and I'm here because Linda Kincaid and also Linda Edna, their son, Linda's son has been conserved. No one no one Should be denied their mother, their family members or friends to come and visit and threatened to be kicked out by the police officers.
My boyfriend that happened to me. And so we're a group of people who need you all to recognize what's going on with our loved ones. And it's not only our loved ones is going to be your loved ones one of these days. My boyfriend died a horrible death and I've suffered horrible from it because of being conserved. He had no one but me, no family, no one. And here's a young man that got conserved for what? He has a mother and a father and he's conserved?
Why? Ask yourself why would they conserve a young man whose mother loves him and father loves him? Conservatorship is about money and attorneys and the court system. And my boyfriend died in poverty because he got conserved who worked hard all his life So please look at it and I thank you for your time.
Thank
you. Our next speaker is Penny Collins to be followed by Brian Rosen.
Thank you for being here and listening to us. I'm here for the same reason, my father was conserved. Speak
into
the mic
so we don't miss a word you say.
At 89 years old, my father was deemed incompetent by the court therapist. He had five doctors who said he was competent. My father was very clear of what was going on So he was deemed incompetent. They ignored his trust, his will, his power of attorney, durable power of attorney which I had all of those things and I cared for my dad under this conservatorship and it was so abusive She never met my dad ever after a year and a half. He had to call her and beg her for money, for food, for medical. His health went down because we didn't have enough for food.
I'm a single person on commission, and I spent all of my savings, all of my earnings, and all my inheritance taking care of my dad. I turned his life around from where he was living. And unfortunately, the court took him over. It was a terrible, terrible experience. I lost my dad in March. Due to the fact that he was in the hospital for a minor issue and they drugged him. And within 24 hours, he was gone.
I was his health directive. I told them do not give him any drugs and they did anyway. And then I get a phone call in the middle of the night that my dad's gone. He didn't have his rights given to him. He was all alone, his trust and will clearly stated he wanted his family with him He then had to lay in a morgue for over two months because they claimed there wasn't enough money to bury him. They wouldn't give us an accounting after a year, we have no idea what was going on. He had an income of $5300 a month coming in.
So I finally had to tell the more to put a lien on his house so that we could get my dad buried. I never got to say goodbye to my father and because Not the morgue person told me it wouldn't be advisable to go and say goodbye to him. He was neglected every day because of this situation, and he was a kind, loving, religious man. And he didn't deserve to be treated this way. He told his attorney I served my country and this is how I get treated?
It's disgusting these people what they did it's corrupted and he was neglected and isolated from me. And there is no regulation on these people why? Thank you. It's not OK.
1:12 – 1:196 turns
Our next speaker is Brian Rosen to be followed by Patricia Rosen who is our final speaker.
I wanted to start, uh, I have to respond to something about the constitution here. I want to show you all this book by Mahatma Gandhi right here. This is his autobiography. I really recommend you take a look at it. Um, he strongly believed in boycotting that's our right. It's the people's power. You know, you all are the power elite. You've got it pretty good. Most people don't and um, People have the right to boycott under the constitution I think DOS has done a lot of really good things. And correct me if I'm wrong, I really don't want to believe this but it was very upsetting when I found out that he voted for this AB 2844 that put a cloud of suspicion on anybody who boycotts. It's our right to boycott DOS and all of you And that's a fundamental principle of the Constitution.
The ACLU and all kinds of organizations oppose this bill, it started out as a Zionist bill and in the end the Zionists weren't even happy. I support the Palestinian movement if it's peaceful and non-violent, I support Palestinian rights. I think everyone should be in equality and I certainly believe in nonviolent boycott, taking people's homes and doing terrible things to people. Violence is bad Mahatma Gandhi promotes nonviolence and boycott Doss and all of you so please maybe Doss you can make up for that supporting that horrible bill because he did take a oath to defend the Constitution And it is our right to boycott Israel. I don't approve of the government, I don't approve anybody who engages in acts of terrorism, it's all bad.
Terrorist governments and terrorist individuals but a non-violent peace movement and boycotting people in governments that do bad things is good and it's our right. Our constant, I'm going on to the elders now. Their constitutional rights are being terribly violated. It's an abusive system, I think it's like something out of Charles Dickens. It's so awful. The conservators isolate Medicaid, take the estate, they drug the people up with drugs and if somebody isn't into drugs and objects they're doing undue influence.
I like what Gandhi says in this book about drugs I believe that man has little need to drug himself. 999 cases out of 1,000 call can be brought around by means of a well-regulated diet, water and earth treatments and similar household remedies. My wife narrowly escaped death through serious illness. The cures were due to household remedies. And then he says from God we can only ask for justice.
So if we're against drugs or we don't feel good about drugs, that's our right. That doesn't mean we're doing undue influence. The Adult Protective Services and the Public Guardian and all the drug crazed society that we live in whether it be illegal or legal needs to recognize this fact that not everybody is into drugs. And there are alternatives a holistic approach I think is very effective.
We're wrapping it all up now. But please, a society is judged on how it treats its weakest members. It's a terrible conservative system. They get whatever they want. They get the money for whatever wrongdoing they do. We need help. We need the laws to be enforced. We need stronger laws. God help us all truly or whatever your concept of God is. Thank you very much.
Our next speaker is Patricia Rosen who is our final speaker.
I want to talk about
you can pull the mic down so we can hear you better. Thank you.
OK. I was put under conservatorship around 10 years ago what happened was I am Well it's hard to explain exactly but I was told that I had dementia. I was in an accident first of all and they took me to the hospital and a nice lady came to me and she said she would be my conservator And I didn't know what that meant. Who had ever heard of anyone having a conservator? And what happened was she took me to the bank and she had me sign some papers that I would give her the house, and I didn't know what I was signing frankly. And she took me to the bank and had me withdraw all my money which she kept And there wasn't anything I can do with it because she sounded so official like it was something that the county had her do you know that she didn't like to do but she did.
So she wanted to take over my whole house. She said right now I own your house because I'm your conservator. So I'm really here to tell you that be careful when someone says You need a conservator, you know because often it can be someone who's trying to take your money. Trying to steal your money and that's what I went through and finally I got away from this woman by a very good person Arlene Diaz She came to me and she said what is happening to you. She heard about my case and I told her all about it. And so she said that she had clout with the judge and she would take care of it and she would give him my freedom back. So that's all they wanted to tell you to be careful if someone tells you if someone tells anyone that they're under conservatorship for some reason that they're really after their money often.
Thank you.
1:19 – 1:216 turns
I'm sorry we can't do that but does that close public comment? CEO Miyasato could you comment on this.
Just briefly Terri Nessidge has been working with some departments since the first public speakers, we can't speak a lot about this because it wasn't agendized but we'll give you an update and just for the public if anyone is watching Arlene Diaz is part of our public guardians office and she's been fantastic in working with our community.
Yes good morning Madam Chair, members of the board. As CEO Miyasato mentioned immediately following the board meeting where the individuals last spoke we did meet with both our public defenders Tracy McCougar and our public guardians office Harry Hagan and Arlene Diaz. Many of the issues that have been brought before you in both of these sessions are under the jurisdiction of the courts.
Therefore, I will be reaching out to Darryl Parker specifically on the last items that were mentioned at your prior meeting and then also bringing the items to his attention that were mentioned today.
Thank you very much. Did any supervisors have any questions for Ms. Nisic? Supervisor Williams.
No, I just wanted to address the bill question. I voted for that not because people can boycott whatever they want to boycott but in my view the BDS movement has made a real error by in their breadth of their boycotts and in fact their big victory of the boycott was boycotting SodaStream which was located in the West Bank. And that victory just deprived hundreds of Palestinians in the West Bank out of good, high-paying jobs and instead SodaStream moved to the Negev. So I don't understand how a boycott movement is supposed to help Palestinians and Israelis achieve peace by depriving Palestinians of good paying jobs.
Okay with that our public comment portion of the hearing is over and we're turning to our departmental agenda. Would you read item number one into the record Ms. Alexander?
1:21 – 1:2410 turns
Chair Hartman, members of the board, departmental item number 1 is from first five children and families commission it is a hearing to consider recommendations regarding services for independent contractor and a retirement waiver request for first five.
Hello Mr. Romo.
Good morning Madam Chair, members of the board thank you very much for considering our request as you know First 5 has been experiencing a decline in revenues as our revenues from sales taxes on tobacco products decline and we've made a number of reductions internally at First 5 when I started about five years ago we had about 15 employees and now we're down to 10 We did make the decision in our budget process last year or leading into this year that we would reduce funding, no longer fund a management position and in our efforts to continue to provide services It would be very helpful to engage this consultant who has now who used to be that employee that was in that management position but has now started a consulting firm. Would be very helpful to engage her for services in some of the areas of expertise that she's unique that she uniquely possesses during during this time of transition but also on in the foreseeable future.
So that's our request is to actually there's a there's Typical requirement that former employees wait 180 days before engaging in a consultant contract. My understanding is the board can provide a waiver so we're asking for that waiver today so those services can commence immediately.
Okay are there any questions that the board members have? Do we have any public comment?
Chair Hartman and members of the board, we have no request to speak on this item.
I'll move approval.
All in favor, any further discussion? All in favor say
aye. Aye. I just want to note that we really appreciate Mr. Romo's leadership on navigating a shrinking pie and remaining effective at the same time. Just want to appreciate that.
Well we appreciate the county support and CAO Miyasato and her staff have been very helpful for us so we appreciate that very much and the board obviously as well thank you.
Thank you. Did we vote yet? We did vote, okay. Would you go to item number two Ms. Alexander?
1:24 – 1:2812 turns
Chair Hartman and members of the board departmental item number two is from planning and development it is a hearing to consider recommendations regarding amendments to chapter 14 grading code.
And Dr. Russell
Good morning thank you madam chair members of the board. Today assistant director Steve Mason will be making a brief presentation on some minor adjustments to the grading code.
Morning Chair Hartman, members of the board before you is a request to amend chapter fourteen grading regulations of the county code. This proposed amendment is in response to the twenty sixteen grand jury report. In that report the grand jury found two instances where individuals Could avoid obtaining a grading permit. The first by conducting multiple grading operations of less than 50 cubic yards, which cumulatively would have required a permit and the second by mechanically compacting soil so that it would be less than 50 cubic yards.
We've not received complaints or observed either of these activities in the field. Neither of these changes would impact agricultural grading So section fourteen dash six sets forth permit requirements. Permits are generally required for grading of that exceeds fifty cubic yards this proposed amendment would address the possibility where multiple grading operations of less than fifty cubic yards could be conducted to avoid obtaining a grading permit and next proposed amendment clarifies that compaction is not a factor for calculation of cubic yardage That would be the presentation and here is the recommendation.
Okay any questions from the board? And do we have any speaker slips on this item?
Chair Hartman and members of the board we have one request to speak on this item and that is in Santa Maria for Andy Caldwell.
Madam Chair, members of the board. I'm Andy Caldwell representing Colab. I have great respect and value of the grand jury however on this one sometimes I'm wondering if we should point out the obvious that they seem to be barking up a wrong tree on this report in terms of a solution in search of a problem That having been said, we did have some huge problems with the grading ordinance about 10 to 15 years ago where there was a memo from County Council that wanted to redefine grading as any movement of dirt.
Now thankfully I'm hoping all that is behind us. But any, you know the bottom line though I don't know if the grading ordinance is as clear as it should be in view of that one legal opinion that the board got back then. My final thing, I just sent you a note all of you by email But perhaps in light of all the public comments you had, maybe you could put a postscript on this response back to the grand jury and ask them to look at conservatorships. So you would have independent eyes with people being able to basically subpoena people to tell the truth behind closed doors And get an independent review of conservatorships in this county. That would have been better time spent than what they did with this report, thank you.
Are there any other public speaker slips
that was our only request
to speak back to the board? Any other thoughts or comments may I have a motion?
I'll move the motion, I'll move the recommendations.
And second. All those in favor say aye. Aye. Any opposed? Motion passes. We will take the next item number three and then we will take a break after that before number four. Would you read item three into the record Ms. Alexander?
1:28 – 1:3510 turns
Chair Hartman and members of the board, departmental item number 3 is from community services. It is a hearing to consider public comments and staff recommendations regarding the home loan for property acquisition and rehabilitation in the amount of $550,000 and the draft fiscal year 2017 through 2018 action plan substantial amendment. Mr. Chaption
Good morning. Chair Hartman, members of the board. I want to introduce Don Lockhart our Housing Community Development Deputy Director and Matt Kromke who will do the presentation today.
Good morning chair Hartman and members of the board. Good Samaritan Shelter is requesting federal home investment partnership funds or home funds for a property acquisition and rehab project The county receives an annual allocation of home funds from the U.S. Department of Housing and Urban Development, or HUD, to be used to expand the supply of affordable housing to low-income households.
Approval of this project will require submission of an action plan substantial amendment to HUD. Today concludes a 30 day public comment period on this proposed amendment. As of today we have received zero comments on this amendment. The property is a residential building located in Santa Maria. $520,000 in home funds are to be used for building acquisition and $30,000 in home funds are to be used for rehabilitation.
Good Samaritan Shelter is committing $26,000 to the project. The proposed use of the property as transitional housing and residential treatment for women and women with children. The County's Capital Loan Committee has concurred with the HCD staff recommendation that $550,000 in home funds be provided to GoodSAM to purchase and rehabilitate the property. If the home funds are approved, the Board will execute loan and regulatory documents that will restrict the use of the property to occupancy by low-income persons.
The restrictions will remain on the property for 15 years. The loan will be forgiven after completion of the 15 year compliance period. This concludes the staff report and I'm happy to answer any questions you might have on the project
Do any supervisors have any questions? Supervisor Lavinino.
I just have a comment and I think this is a great project. I also want to thank domestic violence solutions for kind of giving us a little bit of time to maneuver and do the right thing, and I think this is another piece to the puzzle up in Santa Maria. And staff did a great job as well. Thank you.
Do we have any public comment on this issue?
Chair Hartman and members of the board, we have no request to speak on this item.
Okay bringing it back to the board seeing no further lights may I have a motion?
I'll move that we move the recommended actions. Second.
All in favor say aye. Aye. Any opposed? Motion passes. So will take a 10 minute break and then come back for item number four. Hi. ♪
1:36 – 1:471 turns
♪ ♪ ♪ Music playing ♪ ♪ ♪ ♪ The. ¶¶ Yeah. you
1:49 – 2:066 turns
Convening our September 12, 2017 meeting of the Santa Barbara County Board of Supervisors here in the Santa Barbara hearing room. We're turning to item number four on our departmental agenda would you read that into the record Ms. Alexander?
Chair Hartman and members of the board departmental item number 4 is from community services it is a hearing to consider recommendations regarding an energy and climate action plan progress report
Good morning Chair Hartman, members of the board. With me today is Jen Krieger who is our project lead for the ECAP program and behind her is Frank Chen who is a program specialist who has also been working on this so I'm going to turn this over to Jen to do the presentation.
Thank you miss Krieger. Thank you George, good morning Madam Chair members of the board thank you very much for having us present to you today to share a little bit about our progress implementing our energy and climate action plan. Before we get started I do want to do a little bit of introduction of the very large team that has been working diligently on this it's certainly not all my work I'm here representing several folks from across the department We'll get to that in one moment and then just kind of walk you through where we've been getting to this point today where we are delivering our first progress report to you on our energy and climate action plan.
Help you navigate the kind of lingo and structure of the plan a bit, and then we will dive right into how we're doing. And then of course, I want to share some kudos for some of our projects that have been tremendously successful in helping us reach our greenhouse gas reduction goals. As well as we have a few staff recommendations if you're interested as well.
So without further ado, all of these multitude of people here on the screen in front of you make up our County Sustainability Committee. It is really that County Sustainability Committee that is tasked with helping us implement our Energy and Climate Action Plan And works with staff in my division, in the Energy and Sustainability Initiatives Division that's part of the Community Services Department. Like I said we've got representatives from ten different divisions and departments across the county as well as two partner agencies with the Santa Barbara County Air Pollution Control District and the Association of Governments as well.
Well, everybody has done an absolutely tremendous job helping us navigate through some tricky numbers and reporting systems. I do want to especially call out the work of Frank Chen who as George mentioned works with me in Energy and Sustainability Initiatives Department and has done an absolutely fantastic job putting in place a really sophisticated reporting system And he also created this beautiful energy and climate action plan progress report, which is what brings us here today. So thank you very much Frank for all your hard work and also to Matt Pontus who is our fearless chairperson of this committee so thanks to all of them.
So just to get us all back up to speed on the county's commitments over the past eight years or so related to greenhouse gases and taking climate action. So your board really took its first committed step in the realm of climate change and greenhouse gases I'm so excited to be here. Thank you for having me back in March of 2009 and the board at that time adopted a with some climate change guiding principles and kind of directed staff to identify cost effective greenhouse gas reduction strategies and that kind of led to the creation of several planning documents.
At first focused on what we could do So the first plan that was put in place by General Services was a sustainability action plan back in 2010. That really looked at ways that we could green our county facilities and operations. There was also kind of a follow-on energy action plan adopted in 2013, that focused more explicitly on ways that we could try to conserve energy from our county buildings.
There was also a precursor to the ECAP itself, kind of a scoping document. It was called the Climate Action Study that was prepared by Long Range Planning and it basically gave us a better sense for what activities that we as a county government, as well as our community members, what were the activities that we're responsible for that do create those carbon dioxide and other greenhouse gas emissions? And help give us a flavor for some of the strategies that your board might consider to help reduce our greenhouse gas emissions.
That scoping study or that climate action study eventually led to the creation and adoption of the Energy and Climate Action Plan in 2015. That was a very large public involvement and planning process that was completed by long-range planning And what it does is it officially sets a goal to reduce our greenhouse gas emissions in light, I'm sorry, in line with state commitments. So the goal was to reduce our carbon dioxide and greenhouse gas emissions by 15% below 2007 levels by 2020 and then it adopted this specific strategies that we would take to get towards that goal.
So after the plan was adopted, County Sustainability Committee was put in place really to kind of shepherd the plan through implementation and make sure that we were doing a great job undertaking all of the commitments you laid out for us. So we over the past year, year-and-a-half have been working really hard to develop a reporting system and put together this first progress report that we're sharing with you today.
A little bit more about what the ECAP is, and I know it's a little bit jargon heavy so I apologize for that. But the Energy and Climate Action Plan as I mentioned was a way of showing our local commitment towards the statewide greenhouse gas reduction goals The goal of the E cap is to reduce emissions by 15% by 2020. A B 32 was the with the law in place at the time that are you have was adopted it basically said we as a state want to try to collectively reduce our missions by 15%. By 2020 and so the E cap adopted that goal for us here locally.
And then as I mentioned earlier it does identify this specific actions that the county can do in our own facilities So there are a few examples of some of the emission reduction strategies that are included in the plan. I was trying to give you a sense for the full scope of the types of actions that the ECAP commits to, so the first is that we're looking at things that we can do to take a leadership position to really drive down emissions from our county operations. So for example continuing to upgrade the county vehicle fleet with newer and less polluting vehicles We also have identified several emission reduction measures that the county actually implement specific programs or initiatives. That helps the community take action to personally lower their carbon footprint are there greenhouse gas emissions so some examples of that would be The resource recovery and waste management division they have several recycling and composting programs for example their business focus food scraps collection program.
Or back in ESI we also have our empower residential energy efficiency program that helps homeowners upgrade the energy efficiency of their homes. Similarly, the third type of emission reduction measure that could be included in there are programs or projects We have a number of programs that are led by and implemented by the community groups with some of the county's partners but they have the full support of the county and that help us reach our greenhouse gas reduction goal so. An example of that would be the community environmental council solarize programs- That helps to try to buy down the cost of rooftop solar- As well as the traffic solutions program that's implemented by S. B.
It's a pretty broad scope in that it does address the county's emissions as a government entity, as well as the community's emissions as a whole. But the focus is really on voluntary actions that the county and the community can take so we're not talking about large industrial facilities that have to get A carbon permit to emit greenhouse gas emissions. We're talking about things like what comes out of our personal vehicles tailpipes or the pollution that is created from powering our computer screens and our lights, so we're really talking about unregulated emissions Most of the emission reduction strategies that are included in the E-CAP are voluntary. There are some kind of zoning and permitting changes that can be considered mandatory, but for the most part they are voluntary actions that we're asking ourselves as the county and our community at large to take.
And then the last thing I'll mention is that one of the benefits of having this energy and climate action plan is that it does allow for a streamlined environmental review process under the California Environmental Quality Act. So, for example, if somebody wanted to put in place a large-scale solar project or pursue a mixed development housing and commercial project those types of things could have an expedited environmental review process which could potentially save time As I mentioned, it's a little bit jargony. So before I go too much farther, I want to take a step back and just kind of make sure we're all on the same page terminology-wise. So I've been throwing around the term greenhouse gas quite a bit.
Carbon dioxide or CO2 is the most notable greenhouse gas but there are also things like methane, nitrous oxide, any of these pollutants that contribute to climate change They're measured in something called metric tons of carbon dioxide equivalent. So when I show you some tables and graphs later, you may see MTCO2E. That's just a measurement of the greenhouse gas emissions. There's also a couple terms I will continue to use.
One is an emissions reduction measure that has a specific action, a program, a policy that we as the county have put in place to try to reduce greenhouse gas emissions. In all, throughout the Energy and Climate Action Plan there are 53 of these different emission reduction measures. They are then rolled up into like groups called core strategies. There are 11 of these core strategies overall. Essentially they boil down to three main things.
One is trying to get all of us to drive less and otherwise reduce emissions from the transportation sector. The second is to try to reduce the impact of our building energy use, including both electricity, natural gas. And then the third is things that we can do to try to keep trash out of the landfill. So recycling, composting, using less, reusing. And for all of those three areas, transportation, building energy use and keeping trash out of the landfill.
They can be approached in different ways. There's kind of a planning and design element. There's a technology and engineering element. And there's an education and behavior change element. So to make that a little more real for you I wanted to give you a few examples from the energy space. For example, Planning & Development has done a lot of work to update our codes and zoning to meet or exceed some of the state energy efficiency requirements as well as to encourage density.
Similarly in the energy space from a technology perspective, the investor-owned utilities have rolled out statewide including in our region smart meters that allow all of us if we want to look at our electricity use in real time so that if we see any spikes in our electricity use we might take action to try to reduce that and that reduces emissions And then the third on education and behavior change component is we have again that empower residential energy efficiency program or the smart build Santa Barbara program. The provides education and incentives to try to get people to conserve energy So with that little bit of road map in mind, I wanted to share with you kind of where we started. This is our baseline. We started measuring our greenhouse gas emissions in 2007.
So what this pie chart and accompanying table shows is all the ways that we in unincorporated county, this was specific to the unincorporated county, how we create those carbon dioxide and other greenhouse gas emissions. So the main thing here is that Transportation, mainly on-road transportation and building energy use are the two biggest drivers of greenhouse gas emissions in unincorporated county.
Certainly waste and agriculture, water and wastewater are other significant contributors but the biggest ones are transportation and building energy use. In 2007, our emissions were about 1.2 million metric tons of carbon dioxide equivalent. I know that's probably not super helpful so for a little bit of context, our emissions in 2007 were roughly one and a half times the greenhouse gas emissions of the city of Santa Barbara for example. Our population in unincorporated counties is about one and a half times the population of the city of Santa Barbara. Equivalently our greenhouse gas emissions are about one and half times
Thank you I do have a question can you give examples of
off-road. The city of Santa Barbara. So to the north and south Our missions are significantly smaller than either of those. I don't have those numbers off the top of my head though. So that's where we started back in 2007, we established our 2020 goal based on where our missions were in 2007 so this is now where we're headed and this is a little bit more complicated graph so bear with me I'm going to try to walk you through it here Follow my pointer here this red line.
That is our 2007 emissions that I just showed with you that's we were at about 1.2 million metric tons back then the dark blue line That is where the counties again unincorporated counties emissions we think would be in twenty twenty. If we as a county and the state as a whole did absolutely nothing just said business as usual keep on doing the same things that you do in creating the greenhouse gas emissions that you do. Without any intervention from the states or here at However, as I think we're all aware, the state has done quite a bit to implement policies that try to drive down our carbon emissions. So they've introduced things like the Renewable Portfolio Standard that sets renewable energy targets for all the utilities.
They've introduced clean car standards and a low-carbon fuel standard, building energy efficiency standards. So all of those things taken together gets us to by 2020 following this light green line And so what you'll see that it turned it up a little bit to twenty ten and then started going back down just from what the state policies are doing here at our local level. So what that means is that again if the county want to do anything explicitly to try to reduce our greenhouse gas emissions and just fell in line with what the state was asking us to do- we think by twenty twenty our missions would be I'm not going to get into the details of that but if you'll recall our goal is actually to get to 15% below where we were in 2007. So that leaves kind of this 14% gap that the county was trying to make up through the adoption of our energy and climate action plan and that gets us to this purple line a purple line is the trend
2:06 – 2:246 turns
So I was reading somewhere else. I think that the didn't legislature, the governor just come out with a new directive like 50% lower by 2030
it's 40% by 2030 corrects
so where does that
what does that mean
yeah what does that mean on
On that chart it means that we need to be quite a bit lower. We would be below the Y axis there, but that is something that I will raise later. Our energy and climate action plan only gets us to the state goal for 2020. We will need to update the energy and climate action plan to meet the state's now deeper greenhouse gas reduction targets post-2020 so we'll talk about that in just a minute good point Okay so now that we have a little bit of perspective on where we started and where we're trying to get to through the ECAP, I want to also lay a little bit of groundwork here in talking about there's two different ways that we can measure our progress.
One is an option to try to measure our progress reaching that 15% reduction goal And the second is measuring our progress, implementing these specific activities or those emission reduction measures that your board committed to by adopting the ECAP back in 2015. So the first approach is what I'm going to call a snapshot approach. That allows us to compare ourselves apples to apples with other jurisdictions by estimating the amount of greenhouse gas emissions that are created from the things that all of us do living our lives throughout the county every day. So things like driving, powering our homes, watering our yards And throwing away trash. This is certainly the standard, albeit somewhat limited way for local governments to measure their greenhouse gas emissions to try to determine if their climate action plan is having the intended effect of reducing the emissions.
I refer to this as a snapshot approach because this type of emissions analysis is typically only done every two to five years and that's really just because it is very time intensive. There's a lot of data collection involved. You may also hear this referred to as an emissions inventory. Using this snapshot approach, we are very much on track to meet our 2020 emissions reduction goal and we are certainly in line with other governments that have climate action plans.
That said, while this snapshot approach allows us to see actual changes in greenhouse gas emissions it does not allow us to attribute those changes to anything that the county is or is not doing. In other words, it doesn't allow us to take credit for implementing those specific emission reduction measures that we committed to in the ECAP. So as I mentioned earlier on road transportation and energy use are by far the biggest drivers of greenhouse gas emissions on incorporated County.
And while the county does can and does put policies and programs in place to try to influence how much energy we use and how how we move around There are factors outside of our control. So for example, when we have really hot summers or really cold winters, our energy goes up as a direct result of changes in heating and cooling to adjust to the weather. Similarly, when the economy isn't doing great gas prices tend to go down. When gas prices go down people tend to drive more. The more we drive the more emissions were creating So there are certainly things that the county can and is doing to try to reduce emissions in these areas, but we can't control everything.
So to better understand what is driving those changes in emissions and to show our commitment to the specific emission reduction measures that your board adopted in the ECAP staff has created a very sophisticated reporting system So if I previously referred to the other approach as a snapshot approach, then this more detailed reporting process is what I'll call a live stream approach. It actually allows us to see on a much more frequent basis the impact of implementing the specific emission reduction measures that are in our plan.
So this live stream approach really is what allows the county to take credit for the specific actions that we committed to reach our 2020 emissions reduction goal. So to give you some examples, members of the County Sustainability Committee that I mentioned earlier. They regularly report back to us and ESI the specific emission reduction measures that they were given. So for example, let's start with transportation for example in Public Works. They tally the number of bike lanes installed and increases in car and van pooling through the traffic solutions program that I mentioned earlier And that's important because everything that we do to encourage alternatives to driving alone cuts down on our greenhouse gas emissions.
Planning and development, for example, keeps staff in ESI apprised of specific comprehensive and community plan updates that they're making to better facilitate the linking of where people live and work so that we can cut down on commutes between the two. Again, driving less reduces our emissions And then the Resource Recovery and Waste Management folks, they report the amount of trash that we're able to keep out of the landfill through our recycling and composting programs. And on the back end ESI, specifically Frank is doing the calculations to convert those specific policies and programs to avoided greenhouse gas emissions.
So I know this sounds kind of complicated and pretty time intensive, and it is. But I will say that having this extra layer of implementation progress can help us to be more attractive to outside funding sources. And we were just up at a statewide climate action planning conference, and we're presenting our methodology in our approach to reporting, and the other local government attendees were blown away. I mean, we truly are setting the gold standard. They were asking us how they can do what we're doing.
So now that I've given you the framework, here we go. What have you been waiting for? The results! So this is taking that first snapshot approach right? This is a very rough estimate of our year-to-year changes in greenhouse gas emissions for the unincorporated county. The dotted blue line horizontal blue line you see there is our 2007 emissions baseline The downward trending purple line shows our 2020 reduction target. And then the red bars show that our greenhouse gas emissions are indeed trending down and are on track to reach our 15% greenhouse gas reduction goal. So we're currently 14% below 2007 levels so that's just 1% shy of our goal.
Well this is great news. Because of the limitations of this type of snapshot approach and not being able to attribute specific greenhouse gas reductions to specific activities that the county is doing, we cannot accurately assess the impact of our county actions. That's why we've also adopted the live stream approach so we really need both to tell a complete story So here's the other side of the equation.
This is that live stream approach, this is showing our implementation progress for each of the emission reduction measures that are rolled up into those larger buckets, the core strategies that I mentioned. So let me help you navigate this table a little bit. Here in this first column these are all of the core strategies that I mentioned earlier so there are things like built environment is talking about building energy used waste reduction I think it's pretty obvious Thank you very much. Thank you.
This is the amount of greenhouse gas emissions we think we can keep out of the atmosphere. If we do all of the emission reduction measures in each of the core strategies, we think we can keep this many metric tons of greenhouse gas emissions out of the air in 2020. So this is what we're working towards. This next column over is how many greenhouse gas emissions we're keeping out of the air through 2016. So we've finished our reporting through calendar year 2016, it does not yet account for 2017.
So I think the takeaway here is that it's a little bit more of a mixed story right? There are certainly some areas where we're doing great. For example in water efficiency, renewable energy, government operations. We're well in line of where I think we should be to reach our 2020 goal For that specific bucket of emission reduction measures. You also will notice that there are some areas that we are a little bit further behind.
So overall through 2016, we've reduced an estimated 30,000 metric tons out of the 190,000 metric tons we think is necessary to reach our 2020 goal so that puts us overall at about 16% of the way there again measuring it through this more live stream approach looking at each individual mission reduction measure I will point out here that 16% is likely significantly underreporting our progress.
As I mentioned, we put in place a really sophisticated reporting system but it is highly dependent on having good data. We have worked very closely with all the members of the County Sustainability Committee, as well as some of our outside partners that hold some of the data to try to get the best data that we can. But right now, we're only able to quantifiably measure about 75% of our emission reduction measures. So I can tell you for example in transportation, we're only showing 4% of the way It's not because we are necessarily behind in the things that we've committed to as a county. It's that we don't yet have the data to report for all the transportation related measures so to give you an example, some of the measures we committed to were trying to get more kids and their parents to walk or bike or skate to school rather than having their parents drop them off by themselves.
We get that data from an outside partner. We just don't have a complete dataset County wide I'll also mention maybe in industrial energy efficiency, you'll see that we haven't yet implemented any emission reduction measures in that area. While we have focused on residential energy efficiency quite a lot, we have not yet tackled the non-residential space although we certainly have plans to do so and some funding to do But that doesn't mean that nothing's, there isn't any energy efficiency efforts happening for industry in our county. The utilities do offer financial and technical assistance to some of our industrial constituents. We just don't have access to that data from the utilities.
So I want to certainly reassure you that we are working as hard as we can to try to close some of these data gaps. And we are also very focused on the areas over which we have more explicit control, specifically in that government operations core strategy. So that could mean looking at ways for example to use our significant purchasing power maybe to award additional points to vendors that use cleaner construction equipment for example We're continuing to upgrade the energy efficiency of our county facilities maybe through this energy savings performance contract idea.
And I should also point out that as comprehensive as the ECAP is, it does not capture all of the really tremendous sustainability activities that the county is doing. Staff is keeping a list of all the lessons learned that we've gleaned from our County Sustainability Committee and we hope to consider those in an update of the ECAP in the relatively near future.
So now that I've given you a little bit of the big picture, I do want to share some featured stories with you. I hope you had a chance to see in the board letter there was this separate document that says Energy and Climate Action Plan 2016 Featured Stories. There are some really impressive projects and programs that we're implementing so I encourage you to check out some of those but I just wanted to mention a few of them here for you today.
So I know it may seem a little counterintuitive that saving water can actually reduce our carbon footprint, but using water actually uses a whole lot of energy. In some cases it can be if you have an electric and water utility within a government organization More than half of your electricity use can be attributed to treating, heating and moving water around. So water is a significant energy user and creating energy creates a lot of greenhouse gas emissions so everything we do to save water not only protects our limited local resources and saves money but it also reduces our greenhouse gas emissions So under that government operations core strategy that I mentioned earlier, general services and parks have taken great strides to try to conserve water from county facilities.
Most notably at the courthouse in some of our county parks. So today I just wanted to share a quick story with you from Los Alamos County Park. Los Alamos Park has quite a bit of turf grass and it has historically been one of the county's biggest water consumers. Thank you so much for being here. But thanks to funding approval from your board- the parks division replaced a rather old outdated irrigation system there with a much more efficient state of the art system that has some embedded sensors. That do two things one they can measure the moisture content in the air and not turn the system on if it's reasonably moist- and second is it has centered sensors that can alert Early on and also mention the parks has retrofitted all of its restrooms to be more water efficient as well.
And then in the renewable energy space, I certainly wanted to call out the Quiama Solar Project. So I think all of you are aware the county has broken ground on our very first utility-scale renewable energy project in the county. We have a 40 megawatt solar project going in in Quiama. When construction is finished later this year we're estimating that this solar project alone will generate enough energy to power approximately 16,000 California homes And it will help us reduce our greenhouse gas emissions by more than 30,000 metric tons. So that's more than twice what our actual renewable energy target is for 2020 so that'll make a significant dent and you'll certainly see our progress jump as a result So as I mentioned there are many more examples but those the ones I wanted to share with you today.
You know as I'm sorry, I know your have heard many times but with many of our county activities funding is a barrier to greater ECAP implementation progress So we had just a few kind of high level ideas we wanted to share with you and if you have more specific ideas you want to discuss or bring up in more detail, we have some information that we can try to share with you as well.
So the first is that ESI again our division energy and sustainability initiatives, we would be more than happy to work with the departments to highlight specific projects and programs in their budget requests that help support the ECAP so that we can bring these to your attention during the budget approval process. I also suspect that you'll be getting a request for some funding for long-range planning to update our energy and climate action plan. As I mentioned earlier, it was developed to meet state targets that were in place for 2020.
The legislature and governor have since adopted deeper greenhouse gas reduction targets trying to get us 40% below 2000... 40% below by 2030. So we will need to update the ECAP to meet those deeper targets, as well as to allow that continued environmental streamlined review process. And then there's also something that's happening at the state level. There is this growing trend of counties with climate action plans taking a more inclusive regional approach and including their cities in their climate action plans as well.
So we've broached this idea with a couple of our cities. There's at least some preliminary early interest What this means is that when we're doing that greenhouse gas emissions inventory? We would include all of the city's emissions in our carbon footprint analysis as well And then we could develop a list of specific emission reduction measures That each of the cities and the county could choose to adopt and customize for themselves This is the approach that for example, Sonoma County and the Western Riverside Council of Governments is taking And then you know as as always we could certainly use additional funding to go after additional outside resources right now with the budget. We have we have funding to really play a coordination and monitoring role it doesn't give us much flexibility to spend time going after outside dollars.
So we would of course prioritize any additional dollars wisely and focus on the areas where we could get the greatest carbon bang for our buck so to speak. And again that's in building energy use transportation and waste So next steps we will continue to work with the county sustainability committee to improve reporting feel some of those data caps and identify more funding sources to enhance implementation.
I know that long-range planning right now is overseeing an update using that snapshot approach of doing a more detailed emissions inventory for 2016 And then we will as I mentioned earlier need to revise the E. cap by twenty twenty two line with those deeper greenhouse gas reduction targets continue that streamline environmental review process and then potentially include some of our cities as well.
With that I'll turn over for any questions or comments thank you.
2:24 – 2:3011 turns
Summarize that there seems like there has been very good work, but that we are short on our share of the work to meet these targets. We may have lucked out for solar building a solar facility out in the Cuyama Valley that will help I'm interested in looking at how much that would cost to do more- but I mean it would take some cost, meaning it would take some of your time.
But that the cost to the county would be a little bit less. So a couple questions. Why do we only have a target of 5% fuel efficient vehicles for the county as part of this? And what is the definition of fuel efficient vehicles in the report? That seems like a really low target.
Thanks Supervisor Williams to the chair and I appreciate that question I personally was not here when that target was adopted so I may see if Jeanette or Mitch would like to speak
Yes, Supervisor Williams to the chair. When we set that goal it was back in 2008 during really poor economic times and it seemed like a reasonable target without over committing the organization to buy more expensive vehicles at the time we couldn't afford so we were just very conservative
Well I mean my experience with efficient vehicles is sometimes they cost a little bit more on the front end but they save a whole lot more money on the back end. My fuel costs are extremely low and we're an organization that can afford to look at the long run so I'm interested in what if the place that we're really falling short Is transportation and we can't control consumer behavior but we can control our own behavior.
Why can't we do.
Well I agree and oftentimes when you look at the life cycle of the vehicle, recovering the upfront capital costs through fuel savings just doesn't work. We just don't retain the vehicles long enough. For example we buy Ford Focuses for approximately $17,000 and this year we bought some Ford C-Max I think the focus is are getting like 34 and the C maxes are disappointing maybe 37. So we're just never going to recover the capital investment through fuel savings over the life cycle of the vehicle as an example.
Ms. Pell did you have something to add?
Yes I just wanted to add that our fleet is very diverse and we have fire engines and police vehicles that may not be able to use alternative fuels. Whenever we can, especially like in the pool car area, we do look at right sizing the fleet and ensuring that we're bringing the right vehicles in for the application that they're designed to be used. I just wanted to add that.
And I guess one added I know why the methodology used to exist, that we only use fleet cars for a certain number of years. But technology has changed dramatically. Cars have gone from having a useful life of say 180,000 to have a useful life sometimes of 300 and 400,000 miles depending on what we're talking about. So a lot of these really fuel efficient vehicles would have a longer life if we didn't have a policy replacing things after five years So why do we, why can't we use cars longer?
And thereby recover the additional cost through fuel savings of these fuel efficient vehicles.
By extending the life of the vehicles?
Yeah I mean some of the electric sedans on the market are gonna last for 400,000 miles so why would we replace them sooner when we could Realize large savings. In reduction of fuel costs
yeah and we would be delighted to look at that you know currently our replacement criteria is based on industry standards and I think they're pretty responsible ones in Quite frankly, if we did nothing but replace vehicles, we would go a long ways towards getting them more fuel efficient and much greener fleet. Because every year when we replace cars, we get new technology, the CAFE standards are greater.
So if we extended the replacements, we're almost hurting ourselves because we're not enjoying I think our life cycles are pretty reasonable.
2:30 – 2:3610 turns
I guess it would be my opinion that that is somewhat dated standard. But the this is a why? Why are we have our goal says we would have 3 have 10 medium sized solar arrays. We've only built one. Why why are we.
So we're in the process we have an RFP on the street for a couple of additional solar arrays so we are we made that report few months ago and we are moving forward with that. And
Madam Chair if I may. Sure. I would just add that also when the cap was written over several years leading up to 2015 and then ultimately adopted in 2015. I mean they were their ideas that were brought up by our consultants and deliberate upon and community involvement meetings but I don't know that we necessarily had this specific projects lined out and mapped out exactly where they would go and whether they would be public or private ventures so I think you know, I think we are looking at those details now
We got a lot of we've got a lot of our own land I'm just talking about stuff we can control I mean like the easy way out of this is to just say well we can't control everything but I'm talking about the things we we we can control. In this side, I don't have a judgment on but I mean have we as the county in the past explored the idea you know Mandating that 50% of our employees telecommute one day a week or some such TDM measure. Now I'll say that according to your guys report, our TDM numbers are awesome.
That our transportation demand management mitigation numbers are really good but has that been explored in the past?
We have not. In Southern California there's a lot of organizations that do 980s because Southern California AQMD has required some reductions of pollution controls from way back when, so that's done in other communities this would it would have to be negotiated with our unions gets the condition I would expect so we haven't looked at that but we could certainly do that as part of actions from this report
And then one more question that actually would probably be best fielded by Jeanette. We've only built 3% of the EV charging stations that our report goal 2020 was aiming towards. At the same time, at both the Santa Maria lot and here I see county employees wanting to use them. They're full all the time. I'm here to talk about the cost sharing. My understanding is in most of these arrangements, there's a cost sharing between the provider and that Relatively cheap.
And in some cases they're free because the user pays a charge so why aren't we doing a lot more of these? Because you can use lots, we could use surface streets there's a lot of places we can put them because we're the entity that has parking lots and has jurisdiction over the streets
So I'm not an expert in this area, and I may need Mitch to come up. We are trying to install them where we can but there's also a usage, and we're not seeing a lot of usage even in our lot. It's the same couple of people. And so we're trying to be mindful The cost and if there are grants associated. I know that some of the initial chargers were installed with grant money in partnerships, but the last time I don't believe we did we get any?
I mean, I just want to kind of respectfully disagree. Maybe it's only on Tuesdays because I'm usually only in Santa Maria on Tuesdays, All those bank of chargers at the Better Avia Center are full. The lots here, our chargers on most days are full except for the Board of Supervisors ones are full right? If you look at what the usage of the downtown lots they're full so any provider could And I think it's really important that we put someone somewhere. I mean, the city massively overcharges and they're still full right. They they're the only entity that actually charges more than what the then gas would be.
I think miss Krieger has something to add here.
I do. I just wanted to mention that we recently reinitiated kind of a regional collaboration called plug in Central Coast where We're trying to do our homework behind the scenes and be ready to take that regional
2:36 – 2:4419 turns
Supervisor Lavanino you don't want to. Sure
what the heck? So so you're starting to get me worried here, so I figured I better jump in. So I'm all good with where we're a large employer and we should be doing our part and we I mean there's some easy low-hanging fruit that I think we've already gone after which is great but you know this was the first time when you when you mentioned this that it I don't know what I was thinking about but our cities are not part of this So we're this is what scares me is it I see this at a PCD all the time is that.
The largest offenders are not under our jurisdiction so you end up which you end up doing is when you set a goal for reduction and you don't have You know I know we're just talking about the reduction in our own County area. But you end up chasing something to the point of spending additional general fund what I'm trying to do is put it into context of you know the reality of what were accomplishing when if I don't know where are negotiations are going with the cities but they're not part of this and we're doing our part and we're doing our best and they're not I mean the reality is, where's the overall good? At what point do you say okay we're chasing what do you call it rainbows and
unicorns. Diminishing returns
at
some
point so
where are our
negotiations with the city?
Mr. Chapshian first
I think Jen can answer that. I think it's a matter of approaching them and having staff time to do that, and we are going to be doing that as part of the next steps is involving some of the cities. And some of the smaller cities don't have the capacity to do this but I'm sure would be willing to work with us. So once I think Jen and her staff start contacting them, I think we'll get more better data
And I have just a follow-on to that. The live stream, I mean other cities have goals, I mean Santa Barbara City has 100% goal but the live stream approach to measuring, I assume that no other cities have that and that would be partly what we could incorporate and perhaps together be more attractive for grant opportunities because we have a more accurate way of measuring success?
I can address both of those. Supervisor Lavagnino through the chair, we have had some conversations with some of the cities when I started working on this project back at the start of the year. Frank and I kind of went out and met with some of the cities to better learn what are you doing in this space? Do you have your own climate action plans? What are your goals? What are the things you're doing to reach those goals How are you tracking your progress and to my knowledge within the county of Santa Barbara, Goleta and the city of Santa Barbara are the only 2 cities that have their own climate action plans.
And just like many of the local governments across the state almost half of all the local governments in California have some form of comprehensive climate action plans. They all look very similar they all have similar targets in line with the state level goals and they all pretty much say we should be doing the same thing So the reason why we're interested in trying to be more inclusive of the cities going forward is to reduce some redundancy.
I think there's particularly their cost savings, not only for the city says as George pointed out they have limited resources and staff just don't have time to take this type of thing on. And it actually helps us on the back end as well because right now it's an extra step on the reporting side of things for us a car about And then I think chair Hartman to your point.
Yes the city of Santa Barbara and Goleta do have their own goals so we're we're had some preliminary conversations with staff at some of the cities and I think that they would be interested in exploring it further and I think that we have a good kind of network in place to continue to build some of our inner jurisdictional relationships and pursue them supervisor Adam you've been waiting patiently
yeah always As far as this usage goes you know all of this is anecdotal information. Your client Supervisor Williams claiming that there's lots of charging that goes on and Ms. Pell says there's not that much charging that goes on, is there any way we can get some actual information for the next time? Because those things all have reporting meters on them and stuff.
Sure, Supervisor Adam through the chair we can certainly share some of those data if you'd like to respond.
We can capture that data and report back.
Yeah because at least for the next time I don't know that you need to make a report on it or anything but at least the next time this comes up we could have that that data and settle this whether people are using it or not because that's I'm sure that's all built into these these charters
yes we can get that
information okay great thank you
Supervisor Wolf. Thank you Madam Chair, before I make my comments I just say that we've got some students from Anacapa school that just walked in so welcome to all of you. We are right now talking about our energy and climate action plan so we hope you find this discussion interesting and welcome to the Board of Supervisors it's always nice to see you. Okay well you know I was on the board back in 2009 when we started out with this whole thing and developed the principles. And I went back and looked at those principles and I think that we have as a county, we've done fairly well.
There's one principle that I noted that I think that we as a county can definitely work on I'm going to just read it, it was number eight. The county will enhance our local economy through the incubation of clean technology by attracting innovative firms and talent through private sector incentives and by creating opportunities for local residents to attain jobs in training in the growing regional green economy.
And I think that there was some discussion during budget about working with our chambers and economic development, CEO Miyasato. So I was just thinking as I was going through this that it would be good if somehow we can combine this principle with what we had talked about during budget and come out with some We're going to be discussing. Objectives of power and planning of how we're The other thing I wanted to talk about was what Supervisor Adam had talked about was the anecdotal report and I think if you can bring us back that information, I think that is important. But I do just want to restate that I think it was General Services who came back and gave us the information on the one megawatt solar array over by the county campus and there was a really good discussion about the amount of energy savings that we have achieved from that.
And also the cost savings so things like that I think are really important. Also is HR part of your team, Jen?
2:44 – 2:5012 turns
They were not explicitly included in the beginning, but we have had some conversations about including them. I think there's some interest among the Sustainability Committee members to maybe do some more sustainability-related employee training both for new employees as part of the onboarding process and for all employees so that we start to build out that kind of culture and practice of sustainability overall.
Yeah, I appreciate that comment. I would definitely encourage HR's involvement just in what you talked about but also in following up on and I suspect this may have to be negotiated but you know what can the county do to incentivize We know that a lot of our folks do use public transportation. But I don't know if the county subsidizes that in any way, and if we were to do that how would we do it?
So that's a suggestion that I think if we can follow up on. You know just in general I think we're on the right path. I think all of us would like to see us move a little quicker but I think what you said is that we're not necessarily grabbing all the information and I understand why now that was going to be my question, why don't we have all the information? But I think your presentation was very much on target and I'm really glad that we have this progress report when will our next one come to us?
There is no explicit timing laid out in the ECAP itself but I think we were initially thinking that it would be an annual reporting cycle. So this is the first one through 2016. Okay very good thank you very much. Supervisor
Adam?
Just wondering if there's any public comment.
There are three and I had a couple of questions my first question had to do with the CEQA expedited review for projects has anyone taken advantage of that yet?
I have heard from planning staff that yes there are some projects that have taken advantage of that. I don't know if anybody from planning wants to address that in more detail?
That would be something maybe next go around we could hear more about and grants, have we applied for any grants under cap-and-trade or received any grants yet? We
have not yet applied for grants under cap-and-trade but we are very ready to go as soon as those hit the street. We do intend to apply for many of the different pools of money under the cap and trade dollars and that is something that our group would like to do more of it just with our current funding or a little bit constrained. Okay
seeing no more lights let's go to public comment, we have three public speakers right now.
Chair Hartman and members of the board, we have three requests to speak. And we're going to begin in Santa Maria with Andy Caldwell and then return to Santa Barbara for April Price. Andy?
Madam chair, members of the board, I'm Andy Caldwell representing Colab. I think that what we're suffering here from is this meme that was created about 20 to 30 years ago that we can all make a difference. Well, that's just simply not true. We'd hate to find out how much this report and these ongoing efforts have cost. Let me explain to you in no uncertain terms why you don't make a difference. First of all, the state of California is already gonna be doing most of this stuff by way of state mandates. All that we have to do is plug our stuff into a socket and that reduction's gonna happen by way of state mandates of the utilities. Number two, the state's already moved the goalpost. So you can pretty much file 13 the reports you got today because it's irrelevant now with the new mandate.
But the biggest reason you don't matter is you're trying to deal with 190,000 metric tons of CO2. The state output is 440 million tons of CO2. China, 8.5 billion metric tons of CO2 and within a few short years India and Pakistan will be equaling China. China right now is equal to the entire United States and all of Europe This is global. We're supposed to be doing this global climate change issue, you don't matter.
You're probably one ten thousandth of 1%. Why don't you fix the roads pay your bills Get out of the way of the local economy from growing rather than doing this feel-good exercise. As your own staff reported, technology is going to overtake whatever you're doing in time. What you're doing doesn't matter. You know, the other thing is one of your big things you're going to rely on is community choice aggregation. Well, the press release went out yesterday that it's not feasible for the tri-counties.
Again, your report's not worth the paper it's written on. China is now 25% of all global input. Pakistan and India are catching up We don't need to be doing any of this stuff because again the state mandates are what they are, technology is doing what it is and we're too small to matter. We wish you would be spending your time energy and taxpayer money doing something that's going to actually make a difference thank you.
2:50 – 3:026 turns
We are going to return here in Santa Barbara with April Price to be followed by Cameron Gray.
Good morning Madam Chair, Supervisors. My name is April Price with the Community Environmental Council. I'd like to start by thanking Ms. Krieger for your report and I do agree with most of your recommendations and I would like to take this opportunity to just highlight a few further priorities. The current ECAP focuses on greenhouse gas reductions but there is also an opportunity to draw down our current emissions through something called carbon farming and we would not be the first county to implement carbon farming as a priority. It's also been done in Yolo and San Diego counties.
Carbon farming is a way to capture excess carbon from the atmosphere and store it in the soil through the management of the agricultural land And one simple carbon farming practice is to apply compost. According to our analysis, applying a dusting of just a quarter inch of compost to about 15% of the suitable grassland in our county could offset the annual greenhouse gas emissions for the entire county's agricultural sector. So I really urge the county to look into this practice and the ECAP update.
In terms of the renewable energy section of this report, the county has seen impressive growth in distributed energy growth and residential growth particularly. And also making incremental gains in their non-residential projects but as Supervisor Williams brought up there is this lag in this goal for 10 midsize utility scale projects and we only have one project that's currently moving forward In the at the county so I believe we believe that the county said should really research what steps it can take to make the county more attractive and And more feasible make it easier for developers to come to the county and to invest in large-scale renewable energy and storage projects, and So I really do urge you to prioritize that work as well And in terms of the energy efficiency and government facilities, this is really low-hanging fruit here.
The county has a great opportunity to save energy within your own facilities. You're at 10% of the goal for energy efficiency savings and there are utility incentives and financing mechanisms available such as on bill financing and revolving funds that will allow you to save this energy and money on your operating expenses And there is a utility program, the South County Energy Efficiency Program that's administered by Edison and SoCal Gas. That looks at the savings that all of their participating members achieve, City of Santa Barbara, City of Carpentria, City of Goleta and if the county can work to improve their goals we're going to, that partnership is going to have increased funding for the reductions for all of its participating members.
And I would just like to quickly address Supervisor Wolf, your comment about the clean tech and green economy growth opportunities. And the Community Environmental Council is working with the Los Angeles Clean Tech Incubator hosting their Director of Santa Barbara Ventura County program and so I think there's definitely opportunities to research some collaboration opportunities there as well. And that is your time. Thank you.
Our next speaker is Cameron Gray, who is our final speaker.
Good morning Chair Hartman and County Supervisors. My name is Cameron Gray and I am the Transportation and Climate Specialist with Community Environmental Council. Today I want to talk about specifically the sustainable communities and transportation recommendations that staff brought forth today. Transportation emissions are the hardest emissions for us to curb right now However, with that in mind there's going to be an unprecedented amount of funding for transportation infrastructure updates coming from the implementation of Senate Bill 1. And now is the time to think big and envision bold transformative improvements for our county's transportation plans and infrastructure.
Demonstrating leadership and an attention to cutting-edge approaches used in other communities in California will better position our county for state funding awards and grants, allowing staff to bring home the bacon and make the transportation improvements our communities need. Right now the county has a couple things that they can do to demonstrate this leadership. One would be to shift from an outdated level of service standard which evaluates transportation system on the basis of automobile travel delays only, to a multimodal level of service standard. This multimodal standard puts all transportation modes including transit automobiles walking and biking on a level playing field. The city of San Luis Obispo has adopted this standard And they've been putting it to work very effectively.
I'd be happy to talk with you more about what it looks like and how the county might be able to implement it. So in addition to the recommendations that staff brought to you today, we'd like to see more concrete approaches for moving forward the work on transportation and reducing emissions. For example, we could have stronger targets for zero emission vehicle adoption. And I'd be very happy to talk with city staff look at some of their spreadsheets and see if maybe there are some applications where electric vehicles could be used at the county that would be Delivering more financial benefit. So that's one thing that we'd really like to do, I'd also like to explore electric vehicle and residential EV charging station rebate programs that could be offered.
There are also some counties in other parts of the nation that have offered electric vehicle group purchase programs that offer a limited time discount. And that could be something that our county could do as well. So we've got a couple other items on here all be sure to send that info to you via email since I am running short on time but I want to highlight the fact. That there are things we can do in this county's actions do matter.
We need to be the change that we want to see in the world and model the way to display leadership and take action on climate change that will deliver economic benefits to this region because there are real tangible social economic environmental benefits from this work thank you
Thank you. Supervisor Williams.
Well I think one of the worst lies that we tell ourselves is that we don't make a difference and And I think people make that judgment because it's actually a lot easier to go through life thinking that you don't make a difference. Because then your actions don't matter and you can keep on making poor decisions over and over again, and you can tell yourself there is no consequence to that.
That's not only bad to do on an individual level but it's even worse to do that on a societal level or for us as leaders. Buy into that thinking when it's our job to lead. And people do it, it's much easier to blame oil companies or Donald Trump or China for our problems with sustainability than it is to look in the mirror and go actually we're using more energy per capita than anyone else and even though I'm a Santa Barbaran and I view myself as an environmentalist A big part of the problem.
And we can change that we can make decisions that are in step with our values. We have the capability particularly in these areas where were already spending money on capital expenses on a vehicle fleet on these things. I hope that we'll make a lot more progress in the next year. I want to put out there that one of the reasons why I've been a supporter of robustly funding our capital improvement and our infrastructure is because this is a part of our capital improvement and infrastructure, To me, if energy efficiency in our buildings aren't going up with that money and if sidewalk and bicycle improvements aren't getting their share. If solar isn't getting their share and transit not getting their share then that's gonna evaporate my political will to keep on funding you know the capital improvement program to the level that it is so I hope that will make more progress in the next year.
I want to point to one thing that's not in the county's control, that would make the county's work a lot easier and I just put it because SCE has a representative here today is that it would be a lot easier for us to do it financially if SCE would allow us and the cities to aggregate our meters right now Thank you, Mr. President. We're a huge user. And we could build a lot more for a lot less money if SCE would just allow us to do that simple thing of aggregate our meters.
So I'd love to make the motion to accept the staff report and recommendations with one small request, That staff come back to us with a recommendation or options for an MPG threshold including what vehicle types would not be included in the threshold. Ms. Pell rightly pointed out that fire trucks are not really an easy one to put into that rubric. But I do think that staff could come up with a recommendation for a higher standard. Right now our standard just says we will have fuel-efficient vehicles and that's not much of a standard so I'll move the staff recommendations with the addition of asking for staff to come back to us with an MPG threshold.
3:02 – 3:097 turns
It might be a good thing if you would hold your motion until we all had an opportunity to put out there what we would like to see. Sure I only saw one other light. Okay, I haven't had a chance either yet. Supervisor Adam.
All of you check out except for the children. I just want to talk to the children here for a second. We are financing all of this stuff on your back, okay? You're going to pay for all of this stuff because we are not taking care of the roads and we are not taking care of these buildings and when you get here these buildings are going And everybody that works here is going to say well you've got to pay for new buildings.
Because they didn't take care of the buildings back now and at some point they are going to be uninhabitable, unusable and then you're going to need to give them a new building. And there will be a government. So that's like the third thing that's unavoidable to death and taxes. So you know, you guys are watching all this now and I know you hear a lot about climate change and all this stuff but you have real world problems in your roads. Your roads are $260 million underfunded right now and the longer that goes on The way they are like this, they are deteriorating even faster because we're not taking care of them.
So the buildings, we have $100 million of unfunded or deferred maintenance in the buildings and that's not really the right number. That is the official number but every time we cut into a job there 2 to 3, 3-4 times higher Right, Ms. Bell? Then we thought they were going to be when we start so there's a lot of money out here that is on your back due to the fact that we're not taking care of business now.
And we're doing these things that are really sexy and politically expedient like climate change. And personally I don't believe in it, and I think that it's just a really expensive idea Designed to take people's eyes off the real balls which are the unsexy real world things that are going on in our world and specifically Santa Barbara County. So you know I'm all for efficiency and I know we're going to get a lot of efficiency out of technology in time and if we can save a bunch of money by putting up even solar arrays and stuff like that, that is fine. But right now those things are 7 to 8 year paybacks and in the meantime we're not taking that capital and allocating it to other uses that are going to cost you more long-term. So I'm not a fan of all this stuff.
And the idea that we are lying to ourselves, telling ourselves that we can't make a difference. I think it's just, it is a method of being realistic about what your, because you can't do everything. You have to allocate your resources on the things that you can do something about. And our roads are real and our roads, your roads that are deteriorating. That's all happening so you know I would prefer to see our money go to those kind of things that if we don't preserve them then you're going to pay more later. So there you go.
Supervisor
Wolf? Thank you Mr. Madam Chair. You know, I really am glad you guys are here but I bet you never thought you would be getting all this attention. I want to tell you just the opposite of what you heard from Supervisor Adler. And trust me, you don't need to go to Washington D.C. to hear varying viewpoints on something that is as important as climate change because you can hear it right here in our chambers where you have someone who doesn't believe in climate change And someone here, me who does. And someone who also believes that we do make a difference each and every one of us makes a difference. So just to let you guys know that as you might have differences of opinion amongst yourself We do up here.
Some of the issues that we grapple with up here are sometimes pretty intense and heavy, and I happen to think that climate change is a very important topic. I'm really happy that you brought it to this board. I'd like to remind everyone that back in 2009 when we adopted the climate change principles, I was actually in the minority with Supervisor Carbajal. Supervisors Centeno, Gray and Firestone.
It was a unanimous vote to move forward with these principles because I believe that we all understood the importance of what was happening in our world, in our nation, in our community and that we could individually and as a community make changes. And we saw from your chart that we are making changes. And some of the things that were talked about, which were the economy and global warming. What was not mentioned is the health of our community.
I mean it's mentioned in your report but it was not mentioned here. And so what happens in our environment locally has an effect on us individually and personally for children, for us well I guess now I'm the elderly and for So it is important and I think every one of us bears some responsibility. And we can do more, and I really believe that the county is moving forward in that direction.
Whenever we have a motion that would be made, I would like to include that we ask staff to come back with more information on HR and what they can do as far as getting us closer to our goals. Thank you Madam Chair. Supervisor Adams?
Yeah and I get to follow up now. No, I just want to tell you guys just for your information even though we intensely disagree on this and many other subjects I mean you can't find two people that are further off politically than Supervisor Wolf and I. We actually like each other a lot so and we get along very well. And you share a
birthday right?
Right and that too. But you know in today's world I think it is really important that you not look at us up here disagreeing and not understand that we really like each other a lot so.
3:09 – 3:158 turns
Supervisor Lavanino.
Thank you Madam Chair well then there is somebody in the middle right? I think all the things, I think everybody's made a good point so far and as long as we keep these things in perspective and context. So far what I've seen from what we're doing is almost all efficiencies and I think that's a great thing whether we believe in climate change or not it's always better to have something that pays for itself and it's an improvement. So I think everybody up here will agree with where we are right now.
I think we've been around long enough and see where it could get to. And that's probably where I'm going to have a problem somewhere down the road, but this is a receiving file so I'm not that worried about it more you know putting things in perspective here.
Mr.
Chairman if I can chime in I think HR does have some programs, I know they have the bus program where they do help pay for buses and there is the 980 flex schedule it's not a mandate but you can work that out with your staff and also telecommuting so we've taken advantage of that in CSD and I'm sure other departments have as well but we'll come back with their reports as well but they do have some programs in place.
I just so people understand the role of the chair wear two hats. One is just to facilitate the meeting and then at the end I get to say what I really think and put on my own hat. And I really appreciate that we do have young people here today, young adults. We up here are custodians of a short-term decision making power but we wield it really for the long term trust and so your being here reminds us We each consult our own values and knowledge experience about what's going to make the world better for you, for the future. And that's what I believe is the most important thing we do.
I think Arnold Schwarzenegger said it best about global warming. He said if 99 doctors tell you that your child needs a certain treatment and one says no, most parents are going to go along with the 99 doctors they're not going to risk their child's health and I don't think we should risk our planet's health so I think we need to address this and address it seriously We could say things don't make a difference, we might not vote. I mean what is one vote among millions and millions? But we each hope you will vote, I hope you are here because of citizenship and we each as Supervisor Williams said have to live our values and I think that means being engaged on these issues so were so glad to see you here today. I wanted to mention a couple of things.
I believe the ECAP long-range planning did earn an award for their work on this and I think the new live stream is also very exciting, and I'm appreciative to the staff in the first rate report that you did today Ms. Krieger and all the work that your staff put into it. I am in terms of going forward interested in two things. One is the collaboration with cities and I would like to suggest that there are also nonprofits and at some point profit-making industries as well and how we you can't do everything at once, you can't do it without more budget but I'd like you to think about that. One thing that drives me is jobs for the future and jobs for the future are likely to come from Thank you.
The other thing that I think wasn't on the radar when the plan was first developed was something that was mentioned by CEC representatives and that is carbon farming. I think there's a tremendous opportunity, especially given that we're an agricultural It's our largest business and it brings together things that the county has control over. It also may bring some financial remuneration I have in my district a pilot program that has proved out extremely well And so I would like to have something come back to the board, a workshop, a presentation about opportunities associated with carbon farming and maybe what some of the obstacles are that the county puts in the road and how we might move forward more efficiently. So that's something I would like and I'm not sure if we need a motion or whether we could just give direction of some of the things we all care about here.
Chair Hartman I think it'd be preferable for us to have a motion so we can make sure that we're answering all the things you requested and if you don't mind, I could repeat what I heard.
That would be great.
So I believe your directed staff or you would make this as part of your motion to direct staff to return at the next update are before for options for an MPG standard for county vehicles and types of vehicles to which it would apply or would not apply Information from HR and what other employee related actions could get us closer to reducing our greenhouse gas goals. You'd like us to look at collaboration with cities, nonprofits or businesses particularly in the area of renewable energy jobs and a workshop or presentation in the future on carbon farming.
3:15 – 3:2012 turns
And I think it would be our intent to not wait a year for all of that. And and I think if it's easier for staff to bring those things out one at a time to us as smaller items, I think that that would be fine. I just wanted to lighten it up a little bit because we've had a couple of ideological debates here. One of my favorite little cartoons is a cartoon that says Climate Summit and on the board there's cleaner air, clean water, healthy children, green jobs, energy independence, preserved rainforests and one guy stands up and he says What if it's a big hoax and we build a better world for
nothing?
I think most of the things that we would do to try to achieve these targets have multiple benefits, financial, clean air, jobs. So I hope that will move forward whether or not we believe in climate change.
Would you like to make the motion you were
going to make earlier? I will move that we accept the report and that staff would return to us with the fuel efficiency threshold, HR's role in TDM etc., carbon farming and cooperation with other jurisdictions and businesses.
Supervisor Wolf. I'll second that. Would you like a roll call
vote? Mr. Lavinino, aye. Mr. Williams, aye. Ms. Wolfe, aye. Mr Adam,
no.
Ms Hartman, aye motion passes 4-1.
Okay let me just take a check I'm this went a little longer than we thought I wanted to go forward with the next item in our agenda but I want to see that I don't have a rebellion either okay
I'd like to get a roll call vote on that please
Okay, sorry. Thank you. Well just thumbs up or down? Do we continue going? Okay let's take a five minute stretch break and then we're gonna come back to ADUs because we got people here okay ♪ ¶. ♪ ♪
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¶. Music playing ♪ ¶. ♪ ♪ The. ♪ you you
3:26 – 3:3912 turns
Good afternoon after a short break welcome back to our September 12, 2017 Santa Barbara County Board of Supervisors meeting here in Santa Barbara. We are about to turn to the last item in our open session on our departmental agenda would you read that item number five into the record Ms. Alexander?
Chair Hartman and members of the board, departmental item number five is from planning and development. It is a hearing to consider the recommendations of the county and Montecito Planning Commissions to approve case numbers 16 ORD 14, 16 ORD 15, and 16 OR D16. We have a motion to amend the county land use and development code which would amend respectively the county land use and development code the Montecito land use and development code and article two coastal zoning ordinance to revise existing development standards and permit procedures in order to implement recent state legislation regarding accessory dwelling units.
Well I would just like to for the sake of discussion make a motion that we continue this item until the state stops messing with whatever it is and then whatever it is in the end we can take an action on. That would be a little bit more efficient than trying to predict where this thing's going to go since we know for a fact that it's not over yet.
Supervisor Williams and then Wolff.
I would say that we should try to at least have some discussion to give the staff some direction based on what's out there and what works and what In my view maybe some provisions of the ordinance that are already contradict state law and would make it illegal already. So maybe we could fix some of those things and at least have staff come back afterwards or discuss whether there's three votes to fix some of those things.
Supervisor Wolf? Yeah just quickly I think we need to move forward. I think whatever the state does if we have to, we can modify the work that we do. But I think we should move forward.
Supervisor Lavanino?
So I guess our efficiency only pertains to energy so we're going to probably hear this two or three times I imagine then.
So we had a motion it doesn't have a second and we do have at least 12 public speakers and I think we need to give them an opportunity. So Dr. Russell.
Thank you very much Madam Chair, members of the board today's presentation will be done by Noel Langel.
Good afternoon members of the board. We're here before you today in response to two pieces of legislation that were adopted by the state of California in the latter part of 2016. Those are known as Assembly Bill 2299 and Senate Bill 1069, both these bills revised government code section 65852.2 The purpose of those bills was to streamline the processing of what are known as accessory dwelling units in order to increase the supply of housing stock within the state of California.
Pursuant to the revisions to section 65852.2 effective the first of this year outside of the coastal zone, existing local ordinances that regulate the construction and permitting of accessory drilling units that are inconsistent with that section as revised are considered null and void in the local jurisdictions then have the options of either adopting ordinances consistent with a section Or not adopt any new ordinances and strictly approve applications for.
Accessory dwelling units if they're consistent with the statute. Just to summarize the requirements of 6585 2.2 it requires that all applications be considered ministerially. That the application must be acted on within 120 days of the submittal. If the 80 use accessory to an existing dwelling It restricts the scope of development standards that may be applied to applications for ADUs and does allow for development standards in the areas of floor area, parking requirements, setbacks, owner occupancy requirements and the minimum length of any rentals.
The section also provides less restrictive requirements for accessory dwelling units that are developed entirely within an existing building versus those that involve new construction. In May of this year, the Montecito Planning Commission concluded their review of the proposed ordinances and acted to recommend that your board adopt the ordinance amending the Montecito Land Use Development Code as revised by that commission.
And in June of 2017, the County Planning Commission acted to recommend that your board adopt ordinances amending the county land use development code and the article 2 coastal zoning ordinance also is revised by that commission Just by way of in trying to keep the different set of circumstances straight that may apply to different applications for accessory dwelling units. We created essentially these three categories The first category, category A pertains to lots that are residentially zoned and contain an existing principal dwelling.
And no new construction is proposed. That is the accessory dwelling unit will be developed entirely within either the existing principal structure or an existing accessory structure located on the project site. Category B units are applied to those situations where the lot is residentially zoned, contains an existing principal dwelling and new construction is proposed in this circumstance. In other words, the project contains either an addition to the principal dwelling or an addition to an existing accessory building or the ADU's proposed to be located within a wholly new accessory building.
The last category pertains to those lots that do not contain an existing principal dwelling. And the ADU would be constructed concurrently with a construction of the principal dwelling, or the second circumstance would be that the ADUs proposed to be located on a lot that is not residentially zoned. So quickly to summarize the proposed changes within the recommended ordinances In regards to the permit requirements, the existing requirements are that either a CDP or an LUP is required for all ADUs except in the case of a detached ADU that's located on a lot zoned for agriculture one in the coastal zone. In which case a minor conditional use permit is required and also if the ADU is located within the Naples town site zone, a major conditional use permit is required.
Under the proposed regulations The only change really would be that a zoning clearance would be required for category A units located outside the coastal zone instead of the current land use permit. And the existing permit requirements would be maintained for all other applications for ADUs. As far as minimum lot area goes, the existing requirement says that in order to have an attached ADU, in other words one that's attached to the principal dwelling That your lot has to be at least 7,000 square feet in size and that to have a detached accessory dwelling unit.
The lot must be 10,000 square feet if the lot is located outside the Montecito planning area however for detached ADUs located within the Montecito planning area the minimum lot area requirement is currently 5 acres Under the proposed regulations for categories A and B, there is no minimum lot area requirement. And for category C, the proposal is to maintain the existing requirements.
For lot coverage, the existing requirement is that the total area of all buildings on a structure on a lot including the floor area or the floor area of the ADU cannot exceed 40% of the lot area Under the proposed recommended ordinances outside the Montecito planning area, there will be no lot coverage required for the categories A and B accessory dwelling units.
Within the Montecito area for category A, no lot coverage limit but for categories B and C to retain the existing maximum 40% lot area restriction. For maximum floor area of the accessory dwelling unit currently outside the Montecito planning area varies from 600 to 1200 square feet depending on the area of the lot that is located on within Montecito. The existing requirement is for the lot area be ranged from 400 to 1000 square feet again depending on the lot area under the proposed to be consistent with the revised state statute for category A units The law area would be limited for an end for an attached 80 to 50% of the principal dwellings existing living space up to a maximum of 1200 square feet.
And for the detached accessory dwelling units, 1200 square feet for category B where again new construction is proposed Outside the Montecito planning area, the Planning Commission recommendation is that the floor area be limited to 8% of the lot area with a maximum of 1,200 square feet. And within the Montecito area, the recommendation is that the floor area range from 400 to 1,200 square feet depending on the lot area.
In regards to parking requirements, the existing regulations do require that one additional space be provided per bedroom within the accessory dwelling unit. Under the proposed regulations that would maintain the existing requirement except in order to be compliant with state law There are five situations where additional parking would not be required. And basically those are, if it's located entirely within an existing structure, it's located within one half mile of public transit, it's located within an architecturally and historically significant historic district, on-street parking permits are required but are not available to the occupant of the ADU, and that there is a car share vehicle within one block of the accessory dwelling unit.
In regards to design review, the existing requirements provide that the chair of the applicable BAR in whose region the ADU is proposed or the designee of that chair reviews and approves the proposed design of that accessory dwelling unit. Under the proposed regulations for Category A units since they're located entirely within an existing structure no design reviews is required for all other ADUs The proposal is to add development standards that address architectural design and if the ADU's located outside the Montecito plan area, to shift the review from the chair of the BAR to the director of planning and development but within Montecito to keep the review with the chair of the Montecito BAR.
Under the existing regulations, they do require that the owner must live on the property either in the primary dwelling or in the accessory dwelling unit. And that if the future owner chooses not to live on the property then the ADU must either be converted to an allowed accessory structure or removed. Under the proposed recommendations, the existing owner occupancy standards are maintained.
ADUs may be rented under the existing regulations. However, there is no minimum rental term specified and on the proposed ordinances for your consideration today the Planning Commissions have recommended that a 30-day minimum rental period be imposed on the accessory dwelling unit. So in conclusion our recommendation is that the Board of Supervisors follow the recommended action In the board agenda letter and for each of the ordinances make the findings for approval.
Determine that the adoption of these ordinances are exempt from the California Environmental Quality Act and adopt the ordinances as attached to your board letter following review and approval by your board of the article two amendment we will submit the amendment to the California Coastal Commission for certification. And that concludes my presentation I'm happy to answer any questions
questions Supervisor Williams.
3:40 – 3:458 turns
Well, I think that I'll start with the biggest one is I'm wrestling with the question of Why we would not defer to HCD's opinion on what a discretionary review is. They are our regulator. They have been really clear with me that and in their guide guidance document which I'm happy to pass out that. That this requires applications for second unit units to be considered ministerial without discretionary review or a hearing. They accept the application and approve or disprove the application ministerial without discretionary review.
You know how an appealable process is ministerial. Is I guess something I have questions about but I'll go into the smaller things so one of the things is that
would you like an answer to
sure
in sequence I think maybe then I can follow her
So Madam Chair and Commissioner Williams, or Supervisor Williams sorry. The planning commissions with our advice did I think a pretty good job of coming up with ordinances that include discrete standards that can be applied and that I would apply the same as Noel would apply, as Dr. Russell would apply and that's really what we interpret the state meaning in terms of ministerial review.
So we do believe we've devised a ministerial process. Those, that ministerial process though through a land use permit is subject to appeal to the planning commissions and your Board of Supervisors ultimately. And if an application were appealed to either the Planning Commission or ultimately to your board you would sit in the shoes of staff and basically The guidance document on for the state law page 5 reads an application should not be subject to excessively burdensome conditions of approval.
or public comment and should not be subject to any discretionary decision making process. There should be no local legislative, quasi-legislative or discretionary consideration of the application. I mean to me that...I don't understand how that's open for interpretation.
Mr. Cassoni?
Chair Hartman and supervisors as some of your earlier conversation involved we might see some clarifying amendments from the state right now that underlying statute itself at six five eight five two point two. Although discussing the term ministerial has at least a couple provisions that sound less ministerial including architectural review and making specific findings in some situations we classically think of ministerial As you know at the counter, are you building your house with a two by four or two by six based on the size of the structure? That's a clean definition of ministerial. So when we start looking at architectural standards or findings for decisions those don't fit well for that and at 10,000 feet Our California Supreme Court has made clear that a decision by local government in order to comply with procedural due process, we would either have internal appeal path or great clarity that it's a final decision not subject to appeal which enables the applicant or a neighbor affected by that decision to proceed directly to a writ in superior court.
So however phrased by the legislature, and I understand the intention but at some point an applicant who is denied or a neighbor who feels that their property has been affected will have a follow-on review whether with the Board of Supervisors or across the street at the Superior Court. And I think what's lacking in the statute right now, although describing a ministerial process as any kind of statement that the determination on this permit is final and not subject to an agency appeal.
And that is part of what may or may not be clarified in follow-on amendments. And I think, as Ms. Black indicated, the Planning Commission and staff, I think have wrestled with a challenging problem and tried to provide some standards That address how to make something like architectural review ministerial.
3:45 – 3:5112 turns
So that's I guess my big issue but let me ask some the small questions one is. Why would it be in our interest. To have an. Cavalry requirement that the main building be occupied before the 80 you if if if If affordability is a good thing, a lot of times it's going to be easier for a property owner to build the second unit before the main unit. Why would we prohibit people from living in the second unit if they're building the main unit?
Madam Chair and Supervisor Williams I wasn't quite expecting this question. So we sometimes see people wanting to build a guest house before they build their main house. And so they'll build a small structure, they usually put a kitchen in it for some period of time and then they'll build their main house and convert their guest house to a true guest house.
If somebody built a second unit first, we would essentially treat that as their main house until they came in and wanted to build their second And we would basically go through a conversion process. If you only have one house, Madam Chair and Supervisor Williams, if you only have one house on your property that's just de facto your main house. And then when you come in and build something else you can convert that main house into some other permitted structure.
I think it would be. Better for you if they came in with an application for a whole site plan.
I'm going to start with the state law and then we'll move on to the board of Supervisors. Madam chair and supervisor Williams, it would the state law doesn't read that way and I think this is one of the things Mister got because only says kind of awkward in the way that the state laws drafted. It has a set of regulations that apply if you already have a main residence on your property instead of regulations
I'm not aware of any of the ADUs that are currently in the application process. Would they just be treated under our old system?
No, Madam Chair and Supervisor Williams if they're not located in the coastal zone then all we can apply are the standards in state law so our residential second unit ordinance is null and void
I think those are my main question.
Supervisor Adam.
My biggest problem with this thing is the difference between the Montecito standard and the rest of the unincorporated county, and we keep getting told all the time that we have to have the same standard apply everywhere. And Mr. Guzzone can you talk about that a little bit? Why it would be a good exception this time because I don't get How that works this time but not all the rest of the time.
Chairman and supervisors this may not be the crisp answer that you're seeking to raise your hand up but I think we have two principles at play one is uniformity within same type of zone for example residential or AG one in the second is consistency with a community plan so as you go through and look at We do have a number of areas that are applying zoning regulations or zoning uses in the same zones and different locations in the county we have both of those- at play.
I will summarize that yes the more they're the same thing where they check off the uniformity requirement. Under state law and when we look at the evolution of And again for those who are not here every week, our community plans are part of our general plan in the county. But we have both of those factors that are out there so yes I agree with your point on regulations being uniform within the same type of zoning districts throughout the county and the but on that is they also have to be consistent with the community plan in which they are affected.
And doesn't that come into play with Mission Canyon here?
And I think that the just to complicate this a little more. That the state law which again is describing A ministerial process also makes exceptions for what in our parlance are special problem areas. So if we have a sewage or septic or water, special problem areas there is a special regime for that also which is probably another aspect that does not sound uniform.
3:51 – 3:569 turns
You know have we have we reviewed each place with a with a. With a plan community plan like Orchard Community Plan. We've reviewed this for consistency or I mean how do we handle this? You know we have all these different community plans in this in this county and you know is there a different set of rules possible for each one?
Could I tag on a question to doesn't Montecito have its own code so
Yes those are all complicators. Any of our zoning ordinances are required to pass muster under the community plan whether it's the Orca Community Plan, Montecito Community Plan, the Gaviota Coast. Plan Eastern Glade Valley. So we are required to comply with those I mean there are times when those are updated, you know years down the road Or when we update a particular element like the safety element or the land-use element of the code Ideally there would be no no Significant difference within the same zone wherever it is in the county and
Yeah but I mean if you're if you're putting a standard that's smaller in Montecito than you are just square footage wise. That would seem like it was significantly different given any zoning let's just say residential in Montecito than it is in Orkut.
Ms Black
Madam Chair and Supervisor Adam To answer your first question, did we look at the community plans to determine consistency? Yes, we did. There aren't a lot of really specific standards in most of our community plans. There are in a couple. In Mission Canyon there's a specific provision that deals with second units and in Montecito They have very specific design standards and so we tried to bring those factors into our ordinances. In Orkut, we don't have specific design standards that deal with square footage. We don't typically have that in other areas of the county but we did look at them.
Well I guess the thing that makes me a little uncomfortable is how we seem to be Picking and choosing how we're complying with state law here. And in fact, we don't even know what the end maybe some of us do but I don't know what it says at the end of whatever the state's going to do With this. And so I feel like we're kind of putting the cart before the horse here because we don't really know what the final result is going to be at the state level and so what I'm told is that they're modifying the previous version of the law to patch up some of those stuff that were trying to defeat their purpose on. So what do you know about that?
Madam chair and supervisor Adam we do know that there are there's legislation pretty far through the process that would have some effect on the ordinances that you're considering today. We are operating in a situation where we are just implementing state law and nothing more so we don't have our own ordinances to implement we do have Thank you very much. I think 4039 are in Montecito so you know it's a it's a choice for the board the board could wait until you think that state law has settled on this issue and then we could come back and revisit the ordinances or we could take an incremental step and come back once.
We think state law has settled again it really depends on what standards you want to have ongoing applications of reviewed under
And just to piggyback on Ms. Black's comments, I think what it comes down to is do you want to have our own ordinances in effect not really knowing what's going to happen at the state or do you want to just wait and that's certainly your discretion but Our recommendation is that we adopt the ordinances. It certainly doesn't hurt anything because if we don't adopt the ordinances it's still going to be a bunch of work to go back and rewrite stuff if they do pass what is being considered, but we just don't know what they're going to do so given where we are our recommendation is that we adopt the ordinances and maybe we'll have to come back
3:56 – 4:0312 turns
Well you know just back to Mr. Casoni what control I mean something controls at the end right it's either zoning or community plan?
I wish there was a crisp answer on that. We find out when we litigate these cases that the surest way to know the answer on a particular project, I'm not talking about a legislative arrangement on a particular project is to apply it as best you can within the existing zoning and then expressly amend the community plan to make clear that this project is consistent with that plan. That has been You know a rather cumbersome way to know the answer at the end but that is the approach. I don't I don' know that you could call heads or tails today whether uniform zoning or community plan consistency is going to where that's going to fit compared to the state mandate on a process that is described as ministerial but has some aspects that certainly look discretionary to me In the state statute.
OK well
I remain troubled by by the inconsistency or apparent inconsistency maybe it's more consistent than I think it is but I remain troubled by that.
Supervisor Wolf. Thank you Madam Chair. Just to comment on, well first let me just thank staff because this issue has been really I have to say it's been complicated for me to go through and fully grasp and I appreciate what Supervisor Adam talked about with Orcutt to fully grasp Not only did you provide me with a map, but a very thorough explanation. So I thank you for that. I still have some questions and concerns so I'll just go through my list Regarding the appeal process I agree with staff and Mr. Gazzone, I think this is appropriate for us to continue to maintain in our draft ordinance.
Regarding the different standards that Mr. Adam brought up I did have a question about that. First I was asking the question about the lot area and the maximum size of the dwelling unit between the county standards in Montecito. And I feel comfortable with the 8% that the county has Now I don't know legally if we have to have them be the same. You know the maximum is twelve hundred but I think that the way that the county has worked through that, I'm OK with that.
The other inconsistency that was concerning to me was that the MBAR chair or the designee was the design review authority And I mean, I know this is what Montecito Planning Commission wanted to do and I understand their reasoning for it. It just feels odd to me that you would have a citizen doing being the review authority person I've just never seen that model before.
But again, that's what Montecito Planning Commission chose to do. It just seems very unusual and I don't know how it would actually work especially if you have different chairs but anyway that's...I think that the way that the county has it that it's the director-designee is the appropriate course But going through that though for the director designee to make their final approval we have, and just correct me if I'm wrong but we have 120 days from the time an application is provided to your department. Is that right?
Madam Chair and Supervisor Wolf yes that's correct.
Do they have 120 days to go through and do all of their permit requirements like going through fire, water districts, all the other building and safety? What is timeline if you could just go through that for me because I guess my concern is since this is ministerial. I want to be sure that all of these things are being looked at before a permit is provided.
So Madam Chair and Supervisor Wolf, I may need to lean on Noel to answer some of the specifics if we get very detailed but there are two permits that anybody gets from our department. A planning permit and a building permit. And what we are really addressing in the ordinance is the planning permit which in most cases will be a land-use permit. Some of the review happens with the land use permit And some of the review happens with the building permit.
So, water district sign off and things like that typically happens with the building permit not with the planning permit.
Okay well then I'm what about fire?
Fire I think is a part of the building permit. The fire protection, the certificate that they get from the fire department happens now that the fire departments already reviewing the application we provide it to them when we get it but their actual sign off occurs with the building permit
Not a land use. Correct. So you might get something at your desk that doesn't include any anything that has to do with fire or water and you just have other checkoff items?
So Madam Chair and Supervisor Wolf we start, we look at those issues and we forward it to the departments or the agencies that are responsible but it all gets wrapped up at the building permit phase if that makes sense.
So the building permit phase happens after they get the land use permit? Yes. Okay, thank you. So how much time do they have for that phase? Is that wrapped into that 120 days?
4:03 – 4:1219 turns
It's a very good question. Madam Chair and Supervisor Wolf, I think we believe that they need to get that we have to get through the land use permit phase in 120 days because that's the only part of the process that we really control and then the applicant typically has to provide detailed building plans. That's not something that we get at the planning phase so it often takes people Months before they or years before they are ready to submit for a building permit and obtain a building permit. So we believe the 120 days is to get through the planning part of the process.
OK well that's really good to know. And it's good for me to know and I don't know for the public because I think at least there was my perception that this was going to happen quickly in 120 days someone would be ready to go but that's not what I'm hearing if
Madam Chair and Supervisor Wolf if somebody really wanted to try to get through in 120 days they may might be able to get through in 120 days we've been seeing them
OK And they pay the applicant pays fees to your department and then to the other departments for their review.
Madam Chair and Supervisor Wolf that's right they pay a fee for the land use permit, they pay building permit fees, there are fees for some of the other departments that are wrapped into our fees when we collect for them. They have to pay all of their mitigation impact fees. I'm not aware of any connection
Then the issue in all of those fees follow along pretty much with what it would have been for applying for a second, a secondary unit right? Yes that's correct. Okay and then in the chart that we had now I want to just go to the owner occupancy part because we were changing that for accessory dwelling units and we're adding this I guess first a temporary absence of a owner.
And how and who what is the definition of that is it who looks at that. And it talks about sabbatical illness and then secondary unit we don't have that correct? We do have it.
Madam Chair, members of the board those reflect the existing circumstance for the current regulations that apply to what are currently called residential second dwelling units that are changing to accessory dwelling units essentially it's up to the director of the department To approve an extended leave if you will for various reasons some of those are named in the ordinance to provide examples of what could qualify.
So a sabbatical where they're not part of a different institution for awhile or the owner for whatever medical reason that may occur is not able
to live there. And it's been working?
Yes
okay. Thank you and then another issue has to do with the enforcement of design compatibility so that happens in the permitting process.
Madam Chair and Supervisor Wolf, that would happen with the land use permit process whether it's the planner who is reviewing the case or in the case of Montecito as the ordinances are drafted the Montecito They would review the application against the standards that are included in the ordinance.
And those standards are based on kind of being compatible with a primary unit and screening and setbacks and those types of things. Okay, that's all for now thank you Madam Chair.
Supervisor Williams?
I just missed a couple. One is doesn't the county have multifamily neighborhoods that are still in single-family sort of structure and why were they not included in the ordinance. So the ordinance permits this in single family neighborhoods but doesn't permit it in multifamily neighborhoods and I kind of want to understand why?
So Madam Chair and Supervisor Williams, we don't have a lot of multifamily areas aside from design residential or planned development areas. Probably the biggest exception is in Isla Vista where there are multifamily zone districts. The reason we didn't include the application in DER and PRD zone districts is they're really designed as a whole unit The property owner typically just has an interest in the property but doesn't own anything more than maybe a postage stamp what their house is sitting on or it may be an airspace condominium. So, it didn't seem like there was really much of any opportunity to develop second units in those areas.
Isla Vista has unique zone districts And it didn't seem like it was going to serve much of a purpose to provide for second or accessory dwelling units in Isla Vista where. There's already tremendous overcrowding and it would be very, very difficult to include those in the zone districts. It's multifamily. If people wanted an additional unit they would probably just do it under their existing density. So
that's kind of what we did. I can see how it wouldn't matter if you didn't have places where And then I pointed to staff that look like there was a drafting here in one of the parts where. In one section about parking you include all of the The limitations on what parking requirements could be allowed or was missing. Was that a mistake? Or is there a reason why that's in one section and not in the other?
Madam Chair and Supervisor Williams, the reason that one category contains the five criteria and the others only contain the four is that in that first category what we call Category C actually where you're developing a principal dwelling and accessory dwelling unit at the same time there may exist circumstances where You have a lot that already has an accessory dwelling unit located on it because it was developed some time ago when we allowed adjacent lots to be developed as a whole without having to require that they be merged in order to do so. So you might have the situation where there's principal dwelling on one lot, the accessory dwelling on the second lot. The person now is coming and wants to build the principal dwelling And so if there's already the accessory dwelling unit, we provided the existing or the additional exemption from the parking that if the whole of the ADU is within the existing accessory dwelling then they would not have to provide parking consistent with the spirit of the statute for ADUs.
And I just want to take a quick moment to defend Montecito Planning Commission's recommendations. I think it's fine for different parts of the county to have different recommendations as long as they're functional and in the case, for instance, of the ratio, the ratio is functional if our object is to have some housing that's less It's expensive. Well in Montecito there's larger lots and it's more expensive to have a little bit more fewer like smaller ADUs in Montecito would be at least functional so I want to defend you know the thought that was put into that by the Montecito Planning Commission.
Supervisor Adam?
4:12 – 4:2221 turns
Well, I don't know why they wouldn't be good for everybody in the county
The standards that in Montecito might be overly restrictive in areas where the lot size is smaller. And so that I guess would be my thought.
I would think they'd fit better on a smaller lot than they would on a larger lot.
Yeah it just depends on whether you think 400 or 800 or 1200 is a good size square footage for housing. And I tend to think that 800-1000 is the sweet spot for housing because that's large enough for more than one person to live in and small enough to be affordable.
Well why wouldn't we want affordable in the North County?
Yeah, but I mean in North County a 1000 foot or 1100 square foot or 1200 square foot might be relatively affordable. Whereas in Montecito that probably wouldn't be very affordable at all.
I don't understand the difference but anyway what I was turning my light on to begin with was wondering how you intend to enforce the owner occupied provision long term?
Madam Chair, Supervisor Adam. I think this is done through a notice to property owner so that anybody who buys the property knows that that's part of what they're buying and restriction on the use of the property.
Well, that doesn't address enforcement because if I buy that and I understand that yet I just rent it out anyway then what happens?
Then. Madam chair and supervisor Adam it's an enforcement issue that we would respond to if we received a complaint and otherwise we would not.
So it's all complaint driven. Yes OK so you really won't bother me unless my tenants start making a scene
be nice to them.
OK I think we're ready for public comment. I think we have 12 speakers I'd like to limit it to two minutes each please.
Chair Hartman, members of the board. We had two late requests so we have 14 requests to speak on this item and we're going to start in Santa Maria with Andy Caldwell and then return back here in Santa Barbara with Reina Stapleman.
Madam Chair, Members of the Board. This is Andy Caldwell with CoLab. I would characterize this differently than the one I just spoke on. This is one where in essence you really don't want to make a difference. Santa Barbara could be the poster child as to why the state of California keeps having to issue various mandates Is because in based on what we just heard this last hour, you have zoning regulations designations minimum this maximum that plus community plans which are all bulwarks against the creation of affordable housing and you love it so. The Planning Commission is where affordable housing projects in essence go to die.
I believe that what staff is bringing forth to you is violating the spirit of this law. I would just reference Supervisor Williams' points at the beginning, reading from the guidelines. You're violating the spirit of the law. The state of California wants this to be the same across all zone districts. That's what they say. They want it across all zone districts in Montecito, in the coastal zone, all zone districts.
The stringent requirements are requiring again you guys pull numbers out of out of the air of what you feel comfortable with. Well how many families? We need affordable housing for families. How many families can fit into 800 to 1200 square feet? You know, the bottom line is your zoning laws and your community plans should not trump state law. And I have a problem with the state law to tell you the truth because I think they should send us water when they send us a mandate.
And finally, agriculture needs second units as much as urbanites. Thank you.
We're going to return here in Santa Barbara with Reina Stapleman be followed by David Kim Looks like Raina left so you're going to go with David Kim to be followed by Deborah
Schwartz. Is that possible? OK I'll do my best. I had to try. Dear supervisors, I want to thank you for working to provide clarity to the requirements for accessory dwelling units. I'll shorten that to ADUs from now on. During my term as the 2017 president of the Santa Barbara Association of Realtors, I've received by far more questions regarding implementation of ADUs than any other topic of discussion.
The state legislature has mandated that local jurisdictions must allow ADUs and that the process for doing so must be simplified. As you work through the recommendations please keep in mind the spirit of the law, the intent, that the process be simplified for homeowners. The law requires a ministerial and not discretionary review process. Santa Barbara has a housing crisis, the county. There's a lack of affordable rental housing. We've pointed out that the high cost of rent issue is really one of supply and demand rather than one of increased regulation.
Please realize that the state legislature has given you a gift toward helping the renters in Santa Barbara by enacting this ADU legislation. We'd like to offer a couple suggestions for changes in the draft ordinance. One, the recommendation in front of you allows ADUs only in limited zones. HCD was very clear in stating that the ADUs be allowed in all zones, multifamily zones and single family zones so we strongly recommend that residential property located in any property zoning that allows for residential use be allowed to have an ADU.
Number two, limiting the maximum living area of ADUs to 400 square feet and lots under 10,000 square feet could be considered burdensome on the creation of ADUs. Typical maximum unit sizes range from 800 square feet to 1200 square feet per the law per HCD so less than 800 square feet is outside the state's recommended range we recommend that you look at increasing the maximum size allowed.
Number three, there should be no excluded areas. The state law covers all neighborhoods excluding one specific neighborhood Mission Canyon is inconsistent with the law. If I can just wrap up my final points junior ADUs offer the simplest and most affordable housing option they would count toward the housing element numbers and would fill the niche between roommates and full separate tenancy although not mandated by the state we recommend inclusion of JADU's in the proposed ordinance Five and six, design and historic landmarks reviews as proposed are inconsistent with the intent of the law. If I
let you go on I have to let everyone else go on sorry.
Thank you for your time.
Our next speaker is Deborah Schwartz to be followed by Bob Hart. Bob Hart to be followed by Dennis Adams.
Good morning. Chair Hartman and members of the Board of Supervisors, I'm Bob Hart. I'm the executive officer for the Association of Realtors. Many local jurisdictions have been sending their proposed ordinances to the housing community development department at state we highly recommend that. We think there's some things in here that may not be consistent with the state law and to have it let's find that out in advance before we pass an ordinance rather than afterwards so although it's not mandated that you do that I think it's highly recommended that you utilize the HCD. So with that in mind we encourage you as Supervisor Adam recommends to not implement this at this point in time but to do further research.
They also think, as we're listening to the ECAP discussions and things, we're talking about how we can get more traffic off the streets. Well one way you can do that is provide more housing in Santa Barbara. We have so many people commuting in from outside the area that again, as David was saying this is a gift from the state to allow you to provide housing and to spread it out throughout the county not have it just in one lump area.
There are new state mandates coming. We know that there are, so again we recommend postponement waiting to see what they are and as issues with the community plans and things we know the state law trumps your existing ordinance. They're saying you know our existing secondary dwelling unit ordinance is out because it's been trumped well doesn't this trump issues in the community plans and other things also?
So to say we've got to be consistent with all those, we have to make sure we're consistent first with state law. And we think there are some things in there that need to be more properly vetted to make sure that we have that taken care of. The other thing is we heard that they're saying it's the land use permit is 120 days I don't believe that's the case again we need to check with HCD for clarification but my understanding is from The next speaker is Denise Adams to be followed by Tom Jacobs.
4:22 – 4:2812 turns
Good afternoon, I want to agree with the previous speaker and thank Supervisor Adam for introducing a motion that this is all premature. I think you've heard from your own staff today the ignorance that abounds. I don't think there has been any dialogue between our staff and the state of California at least with Greg Nicholas that I heard. Thank You supervisor Wolf for your questions This is the first I heard today that there's a distinction between a land use permit and a building permit. My understanding from HCD is it's one process, it's 120 days start to finish until we get clarification from the state and I'm the first to admit there's a lot of errors, loopholes, oversights in that law. I don't like it. It's sloppy, it messy but From my perspective, what would we expect from Sacramento?
With that being said I would like to ask you today just to help reduce the anxiety and at the great potential for investment loss from everybody who is holding a land use permit from the County of Santa Barbara. And this dovetails with a letter that was sent to Supervisor Wolff and it's contained in your packet. I would specifically like you to today to make a motion to confirm That the terms of the California ADU state mandate applies to all LU permit holders through the building and construction process.
And that any terms of any adopted local ordinance will not apply to applicants until 90 days after adoption, To give the county 60 days to submit to HCD, 30 days for them to respond to you. And I think based on the letter that was sent to Supervisor Wolf from one of her constituents this is what everyone's looking for whether from Santa Maria to Orchard because of the great uncertainty, the overreach in particular from the Montecito Planning Commission. You're going to tell me I spent $40,000-$50,000 getting a land use permit And they can remove it, no lender will talk to me. That's overreach. It goes on and on and I know my time is up but again I want to underscore what your other speakers have said and Supervisor Adam proposed please it's premature send it back to the drawing boards let's clean it up.
And then I had a letter I wanted to leave from Darlene Barrett, who apparently is out of the country and she couldn't get her internet to work. And so she asked me to pull from your past record something. So anyway, here's
this. Can we just ask that question? Because Darlene and her question is the same as if it has to be owner occupied and you sell And then the second the owner isn't. Owner occupied and it's already built. They have to demo the 2nd unit how do you deal with that.
Madam chair and supervisor Williams, it's a restriction that runs with the land and if they don't owner occupy the property than they have to convert it to a conforming use
So no lender will
land. Wait a minute, what's that mean?
Take out the kitchen and convert it to a guest house. Convert it to an accessory structure that isn't habitable.
A kid's playhouse.
Kid's playhouse.
Okay, alright.
Our next speaker is Tom Jacobs to be followed by Jarrett Gorin.
Good afternoon Supervisors, Chair Hartman. My name is Tom Jacobs and I've been practicing architecture here in town since 1978. I'm going to bring up a question or topic that has not been brought up before but is very important. It's legislation under the table. Lots that are requiring septic tanks and many of them in the county do, are controlled by EHS. EHS requires a lot of two acres or two-and-a-half acres depending on whom you talk to there for an accessory or second dwelling unit.
That law has been on the books for a while. It's apparently part of their local plan, their LAMP plan but it will make it very difficult for most property owners to successfully go through an ADU proposal. The second topic is placement of the project on land. There is proposed that the ADU must be placed to the rear of a main residence This makes no sense. It has no planning value it has no health and safety value. It is a holdover from the architectural review provisions and is basically taking the ministerial part of it and turning it on its head.
There's no reason why an ADU has to find a specific spot on the parcel none whatsoever. Thank you.
Our next speaker is Jarrett Gorin to be followed by Cassandra Inouye.
4:28 – 4:368 turns
Good afternoon, I'm Jarrett Gorin. I'm a local land use consultant. I also had the pleasure of first five years of my career working here at the county and planning and development with Diane and Noel. Senate Bill 229 and Assembly Bill 494 are moving forward they're probably going to be signed into law this month we do know what the state's gonna do the statement that we have no idea you can look these up on Google Mainly these laws are to plug holes that jurisdictions like our county have been using to evade compliance with state law.
An example would be the revisions say that ADU is allowed in any zone district that allows a single family residence, okay? You're not allowed to exclude zones. That's to clarify what the current law says which is already pretty clear but now there's no doubt. A land use permit process That's discretionary. When it takes three minutes to explain why it's not discretionary, that kind of confirms that it's discretionary. Okay this idea that the 120 days applies to the planning process is completely incorrect. The state law contemplates that only a building permit is required for an accessory dwelling unit It doesn't contemplate 120 days for some other planning process, because there is no planning process. It's ministerial. It's like remodeling your kitchen.
You don't notify the neighbors of your kitchen remodel permit and they don't have the right to appeal it. And as for due process, there is a final decision when a building permit is issued or is denied issuance. That doesn't violate any due process. We issue hundreds of permits, thousands of permits a year that don't have appeal periods and don't run afoul of any due process claims.
The development impact fees that the county charges are predicated entirely on the basis that these are new residential units. State law says they are not, they're accessory to the primary residential use. That's inconsistent with state law and this needs to be continued. There's just so many things wrong with it. There is no way this could move forward at this time and we should avail ourselves of HCD's willingness to review this before we come back. Thank you.
Our next speaker is Cassandra Ennoberg to be followed by Stacey Kaplan.
Good afternoon Board of Supervisors, thank you very much my name is Cassandra Ennsberg and I'm an architect here in town and many others have already stated what I also agree with Andy Caldwell for one the purpose of this new California law is to say yes And to help and to assist and to change the way that we think. How we have been doing things to get housing much needed where we want to help our residents to spend their money to develop their property so the whole The first thing is to simplify and to let go of some of these things that we've had before and to do it in a different way.
I want to just mention with so little time, I just want to mention about this what Mister Jacob said about the location on the property. I think that's really important. The county is so different than the city. These properties are larger. There can be a carriage house in front Where that piece should go, should be a design element and not dictated by regulation.
And then the other thing that Mr. Jacobs also mentioned is about the sewer. If we're trying to make this affordable for people if they have to hook up to the city sewer And not be able to use their already perfectly functioning septic system then it's a no go because they're going to have to spend you know thirty forty thousand dollars to do that. So if they have an existing system septic system that is shown to be fine then I would like it would be great if you guys could consider allowing that so I would just say That we should continue this and work on it. And I think that you have the help from Sacramento and also local architects, I'm sure would be happy to step up and help too. Thank you.
Our next speaker is Stacy Kaplan to be followed by Corey Heyman. All right our next speaker will be Corey Heyman to be followed by Alex Maisel.
Good afternoon members of the Board of Supervisors. The Montecito Association supports the proposed ordinances before you today we believe that these ordinances comply with not only the requirements of state law but also its purpose to provide more housing as well as upholding the community plan and maintaining a semi-rural We understand that there is a potential concern about the appealability process of an ADU permit to either a planning commission, Montecito Planning Commission or the County Planning Commission and that is a public hearing so it would violate the state law. We recommend that you simply designate either the chair of the NPC or the County Planning Commission and have a non-public hearing to rectify that potential problem.
That was not the intention of the planning and rulemaking process that occurred. Substantial effort and resources, county resources community resources including the planning commissions having undertaken several hearings went into the development of the proposed ordinance in good faith to achieve compliance with the state law. And with minimal opposition I therefore strongly request that the board adopt the ordinances With the possible changes regarding the appealability provisions that I've outlined in these comments today, I find it unlikely that the state would penalize the county which has acted in good faith in developing these ordinances. In contrast to other jurisdictions which are trying to prohibit new ADU development altogether including places like Los Angeles City and the hillside areas When we have acted in such good faith and devoted resources to again achieve compliance and maintain our community plan.
Thank you.
Our next speaker is Alex Maisel to be followed by Everett Woody.
Good afternoon. Thank you very much for this opportunity and the staff for grappling with this very important issue. I stand before you today as a father and a son, I have a son who's 28 years old with Down syndrome and autism when you take a look at why laws are created they are created for your constituents they're created for Where people are evolving, it's why the Americans with Disabilities Act was created. We are creating and sustaining a population of people with disabilities. My dad started the Rehab Institute which is now rehabilitation has become an institution in a big business this law is a godsend for families like mine.
My son cannot speak for himself and he also cannot afford to live in Santa Barbara. We need to be able to create caregiver housing as well as family housing when you take a look at what the square footage is that are required, and you're talking about two bedrooms for a caregiver. It's premature right now to adopt local ordinance while there is all of this conversation and grappling going on And in addition, the ADU provisions were established in order to be able to create something that's understandable and for families like mine to be able to get through.
Now the fees and the process are so confusing that it requires more study for who this is created for to be able to establish it. You have an opportunity to serve your constituents and the people that this was created for. And I urge you to postpone a decision today, and continue so that this conversation can be done and wrapped up in a holistic way. Thank you.
Our next speaker is Everett Woody to be followed by Toby White who is our final speaker.
4:37 – 4:4110 turns
Madam Chair, members of the Board. After today's discussion I don't even know where to start except to say this should go back to the Planning Commission for further review. I personally met with Senator Wieckowski and have had multiple phone conversations along with my partner Gil Garcia, with Greg Nicholas with Housing and Community Development This draft ordinance flies in the face of what the state's mandate says. Just by interpretation of the English language, how can ministerially approving a project even come close to issuing a land use permit which requires an appeal process?
And I issued you my memo, so I'm going to kind of gloss over everything and get right to what I want to talk about is health department approval. If on-site water treatment systems comply with the current plumbing code And you have an existing building with low flow fixtures. Why should that possibly be denied by the health official? What's the difference? The plumbing code doesn't discern the difference between full-time use and part-time use, it doesn't. It looks at that fixture as if it would be used full time.
So I would just like to provide an example from something that I received from Environmental Health. And what they did is they created language that really didn't exist, calling an ADU a de facto lot split. How can that possibly be? In that case, the health department has circumvented the state statute by declaring without authority that an ADU is a separate residence with dedicated utilities and a physical address. That is not so.
Keep in mind that accessory dwelling units or ADUs are not residential second units. I would suggest that... That's your
time.
Thank you.
Our final speaker is Toby White.
Good afternoon Madam Chair and Supervisors my name is Toby White I'm the Director of Public Affairs for Californians for Population Stabilization. Yes California has a housing crisis we also have a population crisis SB 1069 to mandate more housing is Essentially a band-aid to avoid the real work that needs to be done. California had 10 million residents in 1950, 20 million in 1970, 40 million today in 2017 with a projection of 50 million by 2035 Shelter is a basic need as is adequate infrastructure, water, energy, roads, schools, hospitals. California needs an updated master plan.
The last one in 1950 identified maximum carrying capacity at 30 million. Again today we're at 40 million. Santa Barbara County can use SB 1069 to lead, initiate, clarify the planning process. We could try to grant amnesty to encourage owners of all unpermitted units to register their units. It's estimated California has three to four million illegal unpermitted units. Santa Barbara likely has ten thousand alone.
And I ask that you instruct your regional planning commissions to address junior ADUs. We need efficient small units for workers and singles, so in addition to getting the law right which is exponentially important we also need to address and make part of the dialogue stabilizing our population and sustainability. Thank you so much.
So with that I close the public hearing portion and Supervisor Wolf.
Thank you Madam Chair, you know people were talking about sending the ordinance to the Department of Housing and Community Development because I thought I had seen this as part of the law and it looks like that is something we have to do. Within 60 days of adoption, it goes to their department for review and comment. So that will happen regardless. Is that correct? Mr. Gazzone or someone?
Chair, Ministers, that is correct. That's subsection H of the statute within 60 days after adoption.
Thank you.
And I should have asked for staff if there were any responses to public comments
4:42 – 4:509 turns
Madam Chair, I think we'd rather respond to comments or questions that
your board has
as
a result. Supervisor Adam?
You know this just seems to me that this is really kind of a tool to increase density everywhere but Montecito. I think honestly, I think that's the whole point of this exercise and you know I just think if it's fair for Montecito to have those size units and those conditions then do it everywhere in the incorporated area You know that's all I would ask is not to disincentivize development in Montecito at the expense of everywhere else.
Supervisor Lavanino.
Thank you, Madam Chair. Well it's funny I was discussing this yesterday with the Citizens Planning Association and you know I think most people that were looking at this read the law as hey this is going to be a fast track and this is a new way to build some affordable units that we need and my take on it was It's not going to happen here because of the history. I knew there would be a way that we would somehow muddy the waters and get it confusing.
The law is very clear or the state laws in my view has a very clear it's not very clear but it has a very clear intended purpose and that's to expedite our process. And I didn't really want to have the hearing today because I didn't think we were ready for it because the state law, I think it just passed the cleanup bill just passed It's moving it obviously has a lot of support. I don't know why I didn't understand why we were going to have the hearing when we could just wait but I think some really valid points were brought up and one is absolutely have to have the clarification what 120 days from when to win.
We have to find out I think we need to do a better job in the entire county of bringing everybody especially environmental health and. To answer the question about what what happens with it subject tank that has to be discussed. And so you know it's funny how these things tied together we just heard about You know we heard a lot of talking about the environment before it's easy to talk about it. But when you actually have to do something You know, well somebody's neighborhood people then start saying maybe this isn't the greatest thing in the world. You know I don't want this impact this impacts me you know I don't want this here. Well they go hand-in-hand so I'd like I think I'd like to see staff go back get some clarifications but you know what I think somebody said we are probably the poster child for why You know, I think it's really important that we have some of those things under us and maybe allow.
Us to you know cut through some of the bureaucracy that tends to you know, try to read the staff report really in is so. It's probably because they don't have a land use background and I'm not a lawyer but. That's not what I read and you know in the in the guidelines so it seemed a lot clearer there. So I'm not gonna be able to vote to move the ordinance forward my suggestion is we heard some great suggestions today about what we need to work on and I think we need to take it back for second run through after the state law passes.
Supervisor Williams.
Well I guess I'm caught between two conflicting desires and I think actually there's no way we can make a change to the ordinance today without it needing more review. It's going to, I think unless We're going to have to inform staff about what are some of the things we need to fix and have it come back. So that's I guess that's what I would advocate for today because I do think there The state law is fine with their being objective standards right things that are not But that the problem comes when you have a discretionary review with subjective standards.
And so I would advocate for a process at very least, that is tries to conform to state law. The suggestion that I've gotten is similar to what Corey just mentioned Well your H lack review is is definitely ministerial there it's clear that they don't can't approve or or disapprove it so if you're going to have the bar chair look at it. That should be the same as the H lack review it should not it should be a review not an approval disapproval.
And I do think we should try to run it past HCD before we try final approval of it. I mean, to not seems a little weird to me. We wouldn't want a local attorney to advise their land use client on our land use regulations just based on their own legal opinion. We would want them to come to us and have us tell them what the rules are here in Santa Barbara. Well, HD's job is to tell us what the rules are in the state of California so I think it would be a good idea To run it by the regulator because I think what happens if we pass.
If a lot of local jurisdictions pass ordinances that are contrary to the state law, what will happen is the state will continue to take more local control away and I think that's not desirable I think it would be better for us to make it work somehow and I just I guess, I'm just a little jaundiced about this partially because I went through the city's ADU process almost a decade ago.
They promised we're going to build some ADUs and since then you know and we passed an ADU ordinance by the way there were a lot of people that said this is the end of Santa Barbara single-family neighborhoods. It's gonna be the end! And since that ordinance passed there's been less than one a year approved. For the entire city of Santa Barbara, less than one a year approved so I would hope we do something to make it work which is to let staff go forward not just You know tell them completely to go back to the drawing board but to tell tell them what we need to fix in this ordinance and have them bring it back to us and my list would be run up by the state make the process more ministerial.
And you know take away these elements that make it look like a discretionary process and You know where there are objective standards preserve sort of the local control of those objective standards.
4:50 – 4:593 turns
Supervisor Wolf.
I just, I guess of the speakers I probably agree most with a woman from Montecito. You know having watched this process move through both Montecito Planning Commission and the County Planning Commission listening to the, I didn't listen to the Montecito but I did the County Planning Commission listening to all of the people who came and spoke. And the changes that were made and I think very deliberate changes.
And I really have to say that I think both commissions worked really hard on this. I think it's interesting that we have all seen this feeling in our communities of people caring about the character of their neighborhood and so I guess I do take an exception to the point No one wants this to happen. The fact is that our both commissions have developed a process whereby this will happen and it will be expedited, it's faster than the secondary unit permit so that is the reality I'm concerned and You know I think people.
I'm concerned in my district about fire so in our community plan we didn't have the restrictions that are in Mission Canyon but I was able to get some sense of security by the fact that it was going to go through a building permit and it was going to be reviewed by the Fire Department. So there is a concern for me that there was at safety element that was going to occur I think that's a good thing.
I don't think we should have accessory units, secondary units, granny flats or anything without any type of substantial review. That is just where I come from and I think that is what constituents in the second district especially because it is very urbanized except in the mountains I think that is what we expect. I don't think that the regulations are subjective. I think that most of the regulations that have been outlined are very definitive and could easily go through a check process.
I know supervisor Adam was concerned about the about consistency and you know, I would be okay if Because I know what the County Planning Commission Was dealing with in coming up with a lot area and the accessory dwelling unit size. I Would be okay if if the county moved toward the Montecito language But I think it's so important that we move forward with this ordinance. Because if we do not, what we are going to be stuck with is the state telling us what to do and how many times do we say we don't want that to happen? We want to take control so that we have standards. And here we've gone through the process and obviously there's people in the room who don't agree with where we are right now. But the fact is that we have gone through the process, we've taken public comment.
I think it's imperative that we move this through otherwise were going to get stuck again in that process of just recycling the same information over and over again. I think if we could be really clear, and of course this is up to staff how it's done but I think we have to make a statement that we approve this ordinance and if there are some minor tweaks that we have to make then we do that. But I definitely think we need to move forward because I do not think that we should be following this kind of open-ended Well first of all I want to talk about Supervisor Williams' example of Santa Barbara. If you're doing less than one a year what that means is it's not ministerial.
Because ministerial, the weddings never stopped. You know those are ministerial so you know that just means it's not ministerial anyway and this seems like a pretty good attempt to remove most of the ministerial out of the ministerial on our part too and that's You know I have mixed emotions about this whole thing. I realize there's a need for housing and I wish that it didn't come to this, I wish we could have seen our way clear to increase the amount of single family units But as a response to our refusal to grant single-family units, here comes the state telling us again you shall allow development and if you don't like single family units maybe you'll like ADUs. I don't know But I would second Supervisor Lavanino's motion to come back later if he would make that a motion.
What he talked about, come back later after the state gets done and we can respond to a final rule and maybe tweak a little bit and make it also to make it-I would like to see it more consistent than it is right now. Consistent throughout the county. Whether it's you know at the 4 to 4 to 12 well, it's not for the 12th. 4 to 1000 400 to 1000 square feet and outside Montecito 600 to 1200 I just think that's that's indefensible It's it's just in this indefensible. There's no real.
I think it's. It's really Two different standards with no real distinction. You know you kind of I think you're making an argument that's unsupportable that the community plan and that's why I was asking earlier which one controls at the end. And you know zoning is in my opinion the thing that's going to control this in the end because There is a certain amount of arbitrary and capricious in all community plans. They take on a life of their own, each and every one takes on a life of its own depending upon who's involved.
Not a standard that you should have as a county standard because it's just. It's too willy nilly in each and every community plan, whereas zoning means something if you're going to have a residential zoning and then you have a standard that goes along with that for ADU then I think that's defensible but I don't think it's defensible to sit there and try and shave at that fine community planning area, you should be able to do one thing and then in other community planning areas you should be able to do something else.
4:59 – 5:0518 turns
Let's see. I start from the principle that every piece of property is unique, every neighborhood, every community is unique and that's why we have community plans coupled with our zoning ordinance to try to accommodate the difference and that makes a much richer environment in cities and in the county as a whole. I very much support infill development as we heard with our ECAP. That's extremely important for transportation and housing, so I do support and I think today we're seeing that the demand for housing is Thank you, Mr. Chairman.
This is infill development within a property so I'm very supportive of that but I do think we need to try to adapt it to different neighborhoods and particularly looking at things like septic, like fire where we have health and safety matters. At the forefront, so we the state has a one size fits all and we're doing our very best to adjust that to our community.
And yes there's an agency but that is that's a state agency that's interpreting state law and we don't know that they're the final authority on it either. So I'm not quite sure where I come down. Do we adopt what we have before us? Because I still do have questions about the septic in particular, and I think the issue about the 1,000 versus 1,200 in Montecito is a question. I'm not sure that that's fully justified given the larger lots. It seems a bit of a stretch logically anyway if I understand So I want to get those those thoughts out there anyway. And I guess we had at least sort of a motion from Supervisor Lavanino and sort of a second from Supervisor Adam but let's make that formal
Well I'll make a motion that we give direction to staff to. I think there were a number of things that were listed septic probably location of the property that was brought up. Shoot put my notes away.
You're getting hungry.
That passed a long
time
ago.
I got a piece of chocolate here that help you. Here
we go. So clarification on the 120 days what happens to the folks that already have a land use permit. The lamp question. The I don't and I don't know if there's You know I was going to say the countywide fix but I don't think that's more philosophy than it does clarification. And you know so my motion would be that we have staff go back in and then also get with And I would second that and I would like to see you agree. Staff make a recommendation as to which standard would be best
applied Countywide just give us some options when it comes back We
have a time frame on when this will come back.
I would say as soon as the state law passes so what's the deadline for the state long.
That would be 5 weeks essentially so it's not that long. Mr. Gazzone?
Chair Herman, I would just recommend before you vote on this that you might want to hear from planning as to their initial impression of if any of the information that we've talked about is information that would go back to the Planning Commission just so there's no ambiguity on that as you're about to vote.
And also just could you address the timing piece.
Madam Chair and members of the board in terms of whether or not this would go back to the planning commission I don't think any of it comments that the board made today would require it go back to the Planning Commission but I'm concerned about the changes in state law that will really I think that would require a change in the zoning process. I don't think it would change the zone districts in which 80 years would be processed through this ministerial process. I think that's much more significant than any of the comments that that the board members made today for potential changes so I think that would probably require go back to the planning Commission and if that's Early next year and not before.
OK but if we pass the ordinance we have now in the state law goes through and makes changes so now we have an ordinance that's not I mean so we're going to go back and make changes anyway?
We're going to have to go back. It's really what are the rules going to be until we go back and right now the rules will be the state's rules if we don't adopt something if we adopt something they'll be our rules until we go back so it's really a that's really that I think
supervisor Williams
5:05 – 5:1016 turns
The motion except that I mean, I. I tried to address the regional issue by by making the M bar process the same as the H like process I guess that would be another matter. But I'd have a hard time voting motion. And unless we just if you're basically saying we can't have different rules remember the M the MPC hearing was before the planning commission hearing so it was more of the planning Commission hearing thought that So it's not like you know the NBC said oh, the countywide rule doesn't work for us. They came up with a rule beforehand.
I don't have to count that's not my that's that that's Peter's thing. I mean to me the fact that we have a Montecito Planning Commission is is this is this is what you can end up with me of 2 different planning commission so I mean that that horse left the barn along time ago as far as I was concerned so
Supervisor Adam.
Well and we're the final word on this stuff so I'm trying to help us out not have something that's really inconsistent indefensible if you want to have something really inconsistent indefensible that's fine I'll just vote no on it. You know I just don't think the world's burning down at this point. I think we should just move ahead with it and try and respond in the most complete and orderly fashion that we can If it's not final, you know I mean this is why I suggested we just put this whole two hours off. You know although it's been just a great time.
You know there's two hours of my life I'm never going to get back again. So you know we could easily just continue this item until it became
I think we learned some things today.
I
think we learned some things that will help us down the road and so I don't think it was complete waste but I do think we should wait until the state moves forward.
Supervisor Wolf, we do have a motion in a second so we're discussing that we're soon going to vote
Yeah I just wanted to say I'm not going to be able to support the motion because just simply what Ms. Black just mentioned that we're not going to have an operative ordinance in place until sometime next year and right now we have that opportunity. And it's, I think its really unfortunate its kind of how, it just feels like this is Supervisor Williams.
With. If you're not trying to address that I was going to just then I didn't then I'm OK I'm OK with the motion if we're if we're still allowing that different ratios and and local site local all right.
Call for the question.
Okay could we repeat the motion please? And Mr. Casoni did you have something you wanted to add
Thank you. Chairman just that I was going to recommend clarity on the motion because of what I think I'm understanding today is not presently adopt the ordinances and then after that.
We're past that the deadline right now they can't amend it. It's the sessions over in another week and then the governor has got 30 days so it's about 5, 6 weeks stops.
So Madam Chair just a reminder I think this would require that we go back to the planning commissions to incorporate state law so I think your direction would really be for us to look at these issues, go back to the planning commission come back to your board.
In light of any changes in state law because that would require we go back to the Planning Commissions okay. So I still need to hear the motion.
5:10 – 5:1211 turns
I'm getting frustrated. It's probably because I haven't eaten so if you would like to form it, I can go ahead
and... Chair Hartman and Supervisor Levin, you know, I think I understand the motion to be not presently adopt any of the ordinances, be informed by changes anticipated in state law and return to the planning commission as needed before returning to the board.
With also the direction to staff not just some of the changes that were state law but some of the things that we talked about here as
well. So those the ones I think you directed were to look at the septic issue and lamp, the location of the unit on the property, the 120 day period and what that is supposed to encompass And to address what people do that have land use permits under state law and not the revised ordinance. And to have HCD review in advance.
Yeah, and to have you guys when it does come back you guys make a recommendation about which one would be countywide? And then if we want to bifurcate it up here again okay fine.
So which approach to the standards should we recommend?
And I would like to add what Supervisor Wolf said about the BAR being the review authority in Montecito. That that's a very unusual and maybe it should be a planning commission zoning administrator is that something we can consider further?
Madam Chair without We have a motion.
Mister Williams. This will know Mister Adam I miss Hartman
I
passes for one.
5:12 – 5:214 turns
Okay we're going to close session Mister is only would you report out what we're going to consider
Chair Hartman and supervisors today the board has two existing litigation cases that are related. County of Santa Barbara versus Zinke and county of Santa Barbara versus Pacific Regional Director Bureau of Indian Affairs you have one meeting with county council deciding whether to initiate civil litigation, you have a separate conference with council significant exposure to civil litigation and then one real property item involving property near Guadalupe Dunes County Park.
My estimate is between an hour and 15 and an hour 30 minutes.
Okay so we'd be back here about 345? you
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6:48 – 6:504 turns
Peter Piper picked a peck of... Peter Piper picked a peck of...peckers.
Chair Hartman and supervisors today in closed session the board considered five items. Two related cases, County of Santa Barbara v. Zinke and County of Santa Barbara v. Pacific Regional Director Bureau of Indian Affairs. You also decided you considered deciding whether to initiate civil litigation in a meeting with county council. You considered one matter of significant exposure to litigation and you also considered a real property item involving parcels near Guadalupe Dunes County Park there are no reportable actions today?
Thank you Mr. Gazzone so we are adjourned until September 19th Tuesday in Santa Maria.
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