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.0:03 – 0:068 turns
Good morning and welcome to our November 14th 2017 meeting of the Santa Barbara County Board of Supervisors here in the Santa Maria hearing room. Will you call the roll Mr. Allen?
Mr. Williams? Ms. Wolk?
Here!
Mr. Adams? Here. Mr. Lavinino? Here, Ms. Hartman?
And may I have a motion to approve the minutes of November 7th, 2017. Second? All in favor say aye. Aye. Any opposed? Minutes are passed. Do we have a CEO's report today Ms. Misato?
Thank you Chair Hartman and I do. I just wanted to announce that tomorrow is America Recycles Day, a nationally recognized day to promote recycling where thousands of communities across the country are participating to promote environmental citizenship and take action to increase and improve recycling Here locally, our county public works department is encouraging everyone to increase recycling by visiting www.lessismore.org which is our recycling and waste reduction resource. And I've asked Scott McGulpin, our Public Works Director to say a few words.
Thank you CEO Miyasato and board members and yes tomorrow is recycles day And we're very proud to be a strong participant in that area. Residents and businesses in the unincorporated areas of our county are diverting approximately 73% of their waste today, so that's through creative programs developed by staff and certainly a community That is motivated to recycle our waste and do more with trash. And as CEO Miyasato said, if you want to learn about recycling or lessismore.org site has all kinds of information for you to learn so thank you very much.
Thank you. And that's it CEO Miyasato. Okay turning to our honorary resolutions may I have a motion to adopt honorary resolutions A30 through A35? So moved. All in favor say aye. Aye. Any opposed? Motions are adopted and would you read A33 into the record Mr. Allen?
0:06 – 0:081 turns
Chair Hartman and members of the board I also will note that item 835 is going to be withdrawn today because Ms. French wasn't able to make it but they're gonna redock at that at a date when she can make it to the meeting so we'll go on with 833 this is sponsored by Supervisor Wolfe this is a resolution recognizing the month of November 2017 as National Court Adoption and Permanency Month in Santa Barbara County and Michelle Leon is here, is Michelle here?
Hi, come on up to the podium and with all of our other guests and I'll go ahead and read the resolution into the record. Whereas Santa Barbara County Board of Supervisors hereby recognizes that it's every child's basic right to belong to a permanent safe and loving adoptive family that provides the child with security and stability and brings a sense of fulfillment and joy to both the child and the adoptive parents And whereas California has more than 60,000 children and youth in foster care system. The average foster child waits for an adoptive family for more than two years. In Santa Barbara County there are over 400 children and youth in foster care and of those 100 children or youth are currently awaiting adoption by a forever family.
And whereas it's anticipated that at least 100 adoptions will be finalized this year in Santa Barbara County. The Santa Maria Juvenile Court will celebrate National Adoption Day on November 15, where at least 16 adoptions will be finalized. And whereas adoption provides children and youth with security and stability, today's adoptions are ensuring that many children and youth remain with their siblings, grandparents, and other family members, reducing long-term trauma and setting a healthy trajectory for these children and their families alike.
And whereas our adoptive children and youth and their families require and deserve support from our community. A court adoption of Permanency Month reminds us to honor the dedication and caring members of the community such as relatives, resource families, service providers in schools, members of the Juvenile Court, and the Department of Social Services that work collaboratively to ensure a better life for the children and youth of Santa Barbara County passed and adopted today by the Board of Supervisors
0:08 – 0:137 turns
Good morning Chair Hartman and board I'm Amy Krueger with Department of Social Services. This morning we wanted to recognize our foster adoptive parents Michelle and James Leon this month for adoption month we are trying to highlight the contributions of relatives as they provide care for over a third of the kids who are in foster care currently and Mr. and Mrs. Leon are caring for their four grandchildren They came forward in August of 2016 to provide temporary emergency placement and are going to be finalizing their adoption tomorrow at our Adoption Day celebration which they're looking forward to. So we just wanted to highlight them because they're keeping four siblings together and without them stepping forward to bring these kids into their home, these children probably would not have been able to remain together as a sibling group so we think that's extremely valuable contribution that our relatives make in keeping siblings together and we want to recognize them for that.
Thank you very much.
And would they like to say a few words? Well on behalf of the board and the county thank you so very very much. A 34
Chair Hartman and members of the board item 834 is sponsored by our chair supervisor Hartman. This is a resolution of commendation honoring Deborah Marsh of the probation department as our November 2017 employee of the month for Santa Barbara County and if Deborah would come on up I'll go ahead and read the resolution into the record. Whereas, Debra Marsh has been selected as Santa Barbara County's November 2017 Employee of the Month for her consistently industrious and competent approach to her assignment as an Administrative Office Professional 2 in the Probation Department Santa Maria office.
And whereas, Debra began employment with Santa Barbara County as a Clerk Typist 2 with the Flood Control District in 1983, and in 1985 she started to work with the Probation Department She's performed her duties as a member of an exceptional word processing team with a praiseworthy manner and has brought a can-do attitude to her responsibility as the department's main California law enforcement telecommunication systems operator and trainer. Additionally, she has served as custodian of the departmental forms, curator of the department's manuals and statistical information, and processor of a wide array of probation reports She's handled information with confidence and has demonstrated a high work ethic, efficiency, organizational skills, excellent syntax in report writing and readiness to assist her fellow staff.
And whereas Deborah is the third generation employee of Santa Barbara County. Her grandfather Victor Alves was employed in the sheriff's office for over 20 years and her father Walter Alves worked for the assessor's office for 40 years. Cumulatively this outstanding lineage possesses over 93 years of county service She's been married to her husband John since 1986 and they have two children, Eric and Megan.
And whereas Debra has served the probation department in a commendable fashion she is hardworking and sets an example for all of our co-workers. Now therefore it be hereby ordered and resolved that this Board of Supervisors recognizes Deborah Marsh for excellence as a Santa Barbara County Administrative Office Professional II and thus hereby extend its appreciation for continued term of dedicated service passed and adopted today
Chair Hartman, Supervisors good morning. I'm Tanya Heitmann your Interim Chief Probation Officer. Thank you for the opportunity to be here this morning to honor probation employee Deborah Marsh. Debbie has a legacy of public service and works behind the scenes to ensure that probation's reports and records are as professionally accurately and efficiently presented as possible.
She strives continuously for excellence The probation department is honored to have her as part of our probation family and to present her today as Santa Barbara County Employee of the Month.
I just want to say thank you very much to the Board of Supervisors for this honor and especially to my department. It's a joy to come to work every day, and I want to thank my parents and my daughter for being here, and all my friends. And especially thank my parents because they instilled in me if you're going to do a job, And take pride in your work, but also have fun with it. And the last 33 years have been a lot of fun. Thank you.
So turning next then to our administrative agenda we have one item A16 that Supervisor Adam would like to pull. Do we have any items from any members of the public?
Chair Hartman, members of the board we have requests to speak on items A4, A10 and A13.
0:13 – 0:1710 turns
Would you read item A4 into the record?
Chair Hartman and members of the board, item A4 is Community Services. This is to consider recommendations regarding subordination in county regulatory agreement on a multi-unit residential property that's located at 777 Camino Pescadero in Isla Vista. This is in the third district and I have Mr. Frank Thompson here who would like to speak on this item.
Hello Board, Frank Thompson. Nice to be here this morning I have served on the board of the Santa Barbara Student Housing Cooperative for about five years now six years and was just available to answer any questions if you happen to have any on this it's a good organization is producing affordable housing in Isla Vista and we appreciate your support thank you
Thank You
A 10 chairman members of the board. Item 810 is from the county executive office this is to approve and co-sponsor the 2017 Toys for Tots and holiday unity shop food drive campaign seek and seek participation by Santa Barbara County employees in the sock drive administered by the United Way of Northern Santa Barbara County and AmeriCorps we're going to go to Santa Barbara for two speakers Jeff Havlick to be followed by Tom Reed Mr. Havlik
Oh there we are. Madam Chair, members of the board thank you for this opportunity to come and represent Unity as I've been doing for 20 years and thank you for your support for all that time. I have Tom Reed the director of Unity with us and he'll take over from here. Thank you blessings
Thank you Jeff, Madam Chair, members of the board. As the director of the Unity Shop we're asking for you to approve and co-sponsor the Toys for Tots drive and the Unity Shop food drive for 2017 as a reminder we are countywide And we have about 19,000 low-income folks that we take care of on an annualized basis. So that means we'll have about 1,500 families coming to us for food leading up to Thanksgiving and another 3,000 that are leading up to Christmas. And so we need all the help we can get. We appreciate your sponsorship.
Those 3, 000 families represent 2.6 kids per family. So we're going to have about 7, 500 children that are gonna come for toys And we appreciate your help with the food and the toy boxes that will be placed in the county offices. That's a huge, huge help. We've got 3,000 boxes that are being gift-wrapped now for seniors in board and care facilities. We are the only long term recovery agency in the county for disasters and so we're proud to be a part of this county and we appreciate your support and your encouragement And we need all the help we can get. So thanks very much for your sponsorship and improving the food drive in Toys for Tots this year. Thank you.
Thank you CEO Miyasato could you tell us when the boxes are going out in the county and what the process is for us?
The boxes will probably be coming out next month but we'll send an email out to our employees as well.
OK thank you. And turning to A13.
0:17 – 0:259 turns
Chair Harmon and members of the board, Item 8.13 is from the County Executive Office. This is to consider recommendations regarding the Santa Rita Hills Community Service District Director appointments. And we're going to hear from Peter Kargasacki and then Marty New. Mr. Kargasacki?
Good morning members of the board. I'm here to ask you to table this motion or whatever it is to a future date, to a full hearing. The reason is that the county does not have jurisdiction to appoint a board The application was brought under government code 1780 which is only for the purpose of filling the balance of an unexpired term. So you don't have authority to appoint officials that are supposed to be elected except under limited circumstances and the code section used here specifically details the definition of the vacancy And it is the balance and remainder period of an unexpired term, not to new appointments. There are other sections that allow that but they do not apply here.
I'd also like to bring your attention there. The whole thing underlying this is a bad faith representation of property ownership on an easement across my family's ranch which derives from a surveyor's letter Sites a 2001 County Council memo in which the county council memo Initiates basically the demonization of my family by writing amongst other things that the problem derives from Kargasaki's repeated assertion That the road across his property is a private easement this turned into a snowball Was quashed and then brought up again by property owners. The issue is that That memo was written contemporaneous with building permit conditions, which indicated that the road was going to be built according to private road standards. And so the county had two different rules and was basically misleading everybody on that.
The county in 1986, there's a minute order. There's also a minute order in 2004 indicating that no public access exists. So everything that's cited in the subsequent County Council memo is misleading. It does not recognize all the previous action that occurred before that. The directors that you're being asked to appoint are not fit to be directors. This is a sheriff's report from one of the directors, Angela Levy, blocking and stating that the easement access is in a different location than where it is on the map. This is a sheriff's report and I'd also like to point out Martha knew one of the proposed directors in the LAFCO meeting of May 5, 2016 indicated that they're asking for the bridge and highway district in order to get eminent domain to deal with the private road.
So basically this is all going to something else and to wrap it up really quickly At the December 4, 2014 LAFCO meeting, the matter of Assembly Bill 2455 which was brought up by Assemblyman Williams. This is a LAFCO report written by County Council and Paul Hood, the Executive Director Indicating that Assembly Bill 2455 was chaptered during the 2014 legislation, blah blah blah.
To allow the Board of Directors of CSD to consist of three members rather than five to change the amount of a quorum. Since none of the incumbents filed for re-election for the November 4th 2014 election effective the first Friday in December 5th 2014 there will be no directors on the Santa Rita Hills CSD board. On December 4th there was no board Since the bill becomes effective on January 1, 2015 the process to reduce the membership on the Santa Rita Hills Board cannot be achieved because there will be no directors to conduct the required public hearing. So there is no quorum of three it's still five so even if you appoint a board it's invalid thank you sorry for taking too much time.
Our next speaker is Marty New.
Good morning.
Thank you and I speak on behalf of myself, Marty New, Mario Moreno and Angela Lee. The three of us are so grateful to be considered to be the leadership on the new board for Santa Rita Hills Community Service District. I believe we are three people who are ultimately qualified. We have vested interest in the development of this area that we farm in. Um, we believe with the support of expert legal advice including Best, Best and Krieger that we can work through these obstacles and issues that have been preventing us from the lawful use of our properties.
We have many other qualified property owners who would like to serve on the board as well. And once we move towards the path of a successor agency, they will be able to be part of this process that we have a full quorum of five and not just three which was approved by the way. Other people that are interested in serving on the board of course are Hank Blanco, a new owner Matt Clabaugh and also Joe Jerome. All attorneys and well informed on land usage which is going to be helpful in this coming situation. There's a couple things I want to point out just in direct reference to Peter Karkosaki's Insinuations that you do not have the authority to appoint us. I believe you have full authorization to do so, I believe there are special circumstances and we have three property owners who are registered voters willing to serve.
As far as being unqualified because I believe that we have the rightful use of an easement that is in our titles And also, let's just make a note. The Kargasawkees knew before they purchased this property that there was an easement for our district. This is not a landlocked district. The easement is in all our titles and they were full aware before they purchased that property that there was an easement on their property. There's been a lot of configurations ups and downs and sideways to prevent our lawful use of the properties and it's time that we push back. Sometimes you have to fight for your property and we are here to do that and we are so grateful for your support in that mission. Thank you
That concludes public comment.
Mr. Gazzone would you care to comment about our legal authority to act on this issue today?
Chair Hartman and Supervisors, within the board agenda letter package which is available both online and in the back of the room there's attached a memorandum from the Chief Deputy Clerk of the Board that has a good summary in the middle paragraph describing authority under Elections Code 10515B stating that the supervising authority in this case the board shall appoint a person.
This is an area where there's an overlap of the government code and the election to code. Describing this, there was an attempt at an election that did not yield members and now it shifts to the board and the board would be defensible to act today in making these appointments.
Thank you. Would you read A16 into the record Mr. Allen?
0:25 – 0:3215 turns
Chair Hartman and members of the board. Item A16 is from human resources this is to consider recommendations regarding an amendment to the ordinance setting compensation and benefits for members of the Santa Barbara County Board of Supervisors, and this is a second reading of the ordinance today.
Thank you supervisor Adam.
I just need a roll call vote.
Okay would you call the vote Mr. Allen? I'll move the
item.
Second. Mr. Williams aye Ms. Wolfe aye Mr. Adam no Mr. Lavinino aye Ms. Hartman
aye
passes 4 to 1.
Thank you and I have a motion for the balance of the administrative agenda
so moved
second all in favor say aye any opposed? Agenda stands approved do we have any public comment slips for matters not on today's agenda?
Chair Hartman, members of the board. I think we have about five requests to speak and we're going to start in Santa Barbara this morning with public comment from Dorothy Dent to be followed by Lind Entie. Ms. Dent?
Good morning, thank you so much for having a potential hearing on January 17th focusing on conservatorship issues with our citizens. I know that this is not necessarily under your purvey but what we've encountered is some difficulty in having people retain their basic rights Such as liberty and retention of their assets, and ability to live in their homes. And it's become an extreme problem because there is so much profit incentive for professionals to take advantage of these individuals.
And there are very many of us who are trying to advocate for people. And we ourselves, I just became a grandmother last month so there's a future for fairness hopefully in this system that will take into regard families, children Relatives who wish to care for these individuals at home and who the individuals wish that they are cared for at home. And that they have a right to express their desires, their will, their plans that they made their entire life.
In the court system, some suggestions are coming out particularly from the medical establishment that people, doctors and so forth that take Medicare should be required to take geriatric classes because very many of the drugs that are being prescribed are not made for individuals who are elderly. Many of the elderly are on polypharmacy, which is many different drugs that can actually cause the very dementia and Alzheimer's supposed diagnoses that they are received. And it caused them to be put in these terrible positions where they may never see the light of day, placed hours away from their family and friends, isolated, medicated, and then unfortunately they lose everything including their liberty And sometimes even their ability to see their own families.
So I really appreciate, even though it may not seem exactly in your purvey that you are so compassionate that you will allow us to explain and many others Please people out there if you've had difficult situations or if you have knowledge, or if you are professionals please contact your board of supervisor and Find out the best way to make testimony at the January 17th Board of Supervisors meeting. Thank you so much
Followed by Elizabeth Williams
Dear Supervisors, I want to bring to your attention the fact that the Public Defender's Office have offered little or no representation to my son William over the past seven years. William Entie was diagnosed with autism when three years of age. At 17 he was placed into a Level 4 group home by my former spouse Philip Entie without my knowledge or consent. On William's 18th birthday, he was conserved by his father.
My daughter and I received notice of hearing two days after it had taken place. No accommodation was made to allow William to be present at the hearing and his public defender failed to challenge the conservatorship or represent him in any way. For the past seven years, William has had no access to the court system and I have been allowed little or no visitation.
This isolation of a dependent adult is abuse Over the seven year duration of the conservatorship, there has been no modification to reflect William's maturity and increasing ability. In fact, the Conservator continues to place more restrictions and now allows only in-home strictly monitored supervised visits. William's most recent public defender defers to his conservator, who continues to violate his rights.
An upcoming hearing may well result in the court imposing even harsher restrictions on William. William is at a crossroads that could set the stage for the remainder of his life. Supervisors, I want you to be aware that conservatees with assets continue to be targeted by predatory attorneys whilst those less fortunate and the indigent receive little or no representation.
Attorneys encourage discord between families in order to rack up billable hours. In the meantime million-dollar estates belonging to the elderly and infirm are being depleted by attorneys and professional conservatives 25 years ago, autism was an unknown word to the majority of the public. Now because of autism awareness and statistics showing that 1 in 10 mostly boys are now diagnosed with autism it is a household word. Conservatorship is still a foreign word to the majority of the public however With baby boomers reaching retirement age and autism being rife, a huge part of the population is going to need representation in the future. We definitely now need Conservatorship Awareness Day. Thank you.
0:32 – 0:374 turns
We're gonna hear from Elizabeth Williams in Santa Barbara and then we're gonna come back to Santa Maria for Bruce Porter
Good morning. I'm Elizabeth Williams and I'm here on the behalf of William Inti and his mother No young man should be, his rights should not be taken from him by the courts to allow to visit his mom. To go to his home. To be taken out to dinner with his mother. I just would like to know what lies have been told to the courts about this wonderful lady that loves her son and spending all kinds of money Protect his rights and hers, and all our rights.
As the courts know my boyfriend Harry got conserved Five years he was conserved, and I won't go on that right now. I'm here about William. But we have a group now, a larger group. It's growing and growing. The rights of the elderly, the so-called dementia, these drugs, these homes they place them in, call the doctors, fax the doctors for a prescription to up their drugs because they woke up last night and they were not sleeping.
Or maybe they were roaming around with no proof, these homes tell the doctors this and then the doctors okay a prescription. And getting back to William why is he conserved? He goes to work By himself, but yet he can't be with his mother. I asked all of you think about this Harry got conserved. They cut the month two months before he died. I was only allowed to see him for a few minutes and each time they knew I was coming. He was drugged. He didn't even know I was there.
This is horrible, and the public should be aware of this. Not just the supervisors, everybody that's listening. Don't trust these homes where your loved one is living and the conservatorships and the guardians. You have to fight for your rights now. This needs to stop. Thank you very much.
We're coming back to Santa Maria for Bruce Porter and then Christine Cooper who's our final speaker. Mr. Porter?
I'm Bruce Porter, I live in San Ynez and yeah I'm here today to speak in support of our local school districts, college school district in San Ynez as well as San Ynez Valley Union High School District As you may know, those two school districts are basic aid and that means that we do not receive tax dollars from Sacramento to pay on a per head basis for the students. Instead those schools are funded totally from local property taxes.
So when you all sign that agreement for 143 new homes in the San Ynez Valley, that's a whole lot of kids. 143 homes and whether they're the Chumash may already be living there or not, that's an addition to the housing stock of 143. Maybe two kids per house, 280 kids. That's 14 classrooms worth of kids which will come with zero tax dollars to help support them.
We had an amazing opportunity to make sure all that was covered in the agreement that you sat down and negotiated with the Chumash. Peter, when you and Doreen were doing this schools are part of the conversation for that I appreciate it. I don't know what happened Joan when you decided to not be collaborative and when you decided to do top-down command and control decision making along with DOS somehow the schools got left out of that discussion.
So where do we what do we do going forward? You have reopeners with the tribe I would hope you would consider that has anybody even talked to the school districts yet? I brought this up in San Ynez, the superintendents haven't told me that they're doing that yet or at least the presidents of the School Board as well Or maybe you could have Mona talk to her counterpart over at SBCEO, Susan Salcido for a way forward here. But if these were regular homes in a regular part of the county, 143 new homes would be over $1 million worth of developer fees to build new capacity.
The tax dollars that would be taken out of property taxes that your tax collector would take, would be hundreds of thousands of dollars a year that would go to schools. And beyond that remember that Camp 4 as well as all of our other properties are encumbered by bonds for those two school districts plus Allan Hancock College and none of that was negotiated as well.
So I would ask you all to find a way to go back and figure out how to do what's right for our school districts Having negotiating with the Chumash we must be able to do that but this agreement didn't include that very key component and I would ask you go back and revisit that and see what we can do.
0:37 – 0:403 turns
Good morning. Dear Board of Supervisors, my name is Christine Cooper and I have worked in Family Support Services for some 20 years as a Senior Advocate, a Special Ed Advocate, a Foster Parent Advocate, Surrogate Educational Advocate, Professional Supervised Visitation Provider trained on the California Standards by Judicial Council of California Administration of Office of Courts and respected in our local courts as a Court Appointed Special Advocate I retired due to dissatisfaction of the status quo within the system that allowed old practices of abuses to the most vulnerable and those unable to finance their way through the system.
Old practices that ignore or disregard laws by guardians, then facilitated by court judicial officers through approval of such actions by the courts enabling guardians to break the law legally. Those being fostered, conservatees, disabled, wards of the court, adoptees, aged and our most vulnerable citizens are being denied their most basic civil liberties by being alienated and or hidden from family.
And refuse the right to communications with others of their choice. Family members are cut off from decision-making processes and falsely accused of abuses, becoming scapegoat targets victimized without evidence in our court systems and facilities profiting in situations of high conflict of interest. I have watched these practices for 20 years. These people speaking up now are not new complaints, this has been going on a very long time.
Coming to the forefront now and I am coming out of retirement to join the Cedar Coalition for Elder and Disability Rights movement. I respect the representatives of Santa Barbara for adhering to high standards of humane services for this community. I truly do, and its exemplary reputation is at stake. Please take these complaints that you are hearing continually.
Review them. They are full of factual evidence that is being ignored. Public pressure is urging you to exert pressure to force the courts to follow the law. Please start focusing on abusive probate judges who are running for reelection and facilities profiteering from conflict of interest at client's expense. Thank you in advance for your attention to these most important matters of abuse of civil liberties for our most vulnerable citizens.
That concludes public comment
So with that I close the public comment period in our agenda today and turn to our departmental agenda. And the first item would you read that into the record Mr. Allen?
0:41 – 0:4621 turns
Chair Hartman members of the board Item 1 is from County Executive Office this hearing to consider the adoption of the 2018 Board of Supervisors schedule a meeting dates and locations And this item is brought to the board from the executive office and it basically maintains our current practice of meeting twice in Santa Barbara, once in Santa Maria each month. That includes time set aside for budget workshops and our budget hearings.
It also incorporates a three-week summer break If you have any questions we are here to answer them. And I have no request to speak on
this item.
Thank you Madam Chair, well I don't know if I will be the NACO rep next year but just as a heads up and I was planning on attending if I take that position again next year but March 6th meeting here, well in Santa Barbara that we have scheduled. The NACO DC ledge trip is March 3rd through March 7th the conference and so I'm wondering if there might be a possibility of swapping out the 27th for the 6th since we're not going to be meeting on the 20th because it's President's Holiday.
So, um, I just noticed that so I just looked it up otherwise I would have brought it to your attention sooner but, um…so that's just an idea or you know I am planning on attending so I would just have to miss on March 6th.
Supervisor Adam?
Well I've got a prior commitment that March 27th date
and then not March 27th, I meant February 27 so we would move March 6 day up to the 27th if you don't have a
conflict. No
I'm good on February
27th, March 27 they get a problem The June hearings with the budget hearings and then into July we're having six meetings in a row including the budget hearings. So I'd like to see that at least the June 19th meeting held in Santa Maria.
Supervisor Williams.
Well I would ask from a procedural matter because there's five of us with different schedules and all that sort of thing, that we pass this as is. And I will if you choose me as chair next year do my best to accommodate the issues that have been brought up today. I think that there's probably some Moving around that's possible and I'll be informed by this or anything else you say in open session to try to accommodate that. I think particularly the NACO issue is pretty legitimate, we make that accommodation for the CSAC meeting every year and I'll do my best to make some accommodation for that.
I'm just wondering there's only two changes let's just see if we can't button it down today.
Supervisor Wolf? Yes thank you Madam Chair, I am fine with the changes that have been suggested so I'll make a motion And Mr. Lavagnino you can correct me if I'm misstating this that we will not have a meeting on March 6 but we will have a meeting on February 27 and that meeting will be in Santa Barbara and then on June 19 the meeting will be held in Santa Maria.
And further discussion Supervisor Williams?
Well I'm going to vote for it but I might just change it. I mean I just can't this spur of the moment be able to, we put a lot of thought into and came up with other proposals and this is mainly a synthesis of what staff thought was possible so going to make that caveat, I'll go with it if we can but I don't know that's going to be the substitute date. There may be another substitute date that is more doable but will try that one.
Okay so we have a motion and second supervisor Adam did you have more? Well
I was just going to argue for certainty and its nice to have it in advance at least You know, everything is fluid to some degree or another as we found out later this month.
Right so that's all I'm saying. I'll try to pull it off if I can but I just didn't want to make any promises.
So let's just have a roll call vote.
Mr. Williams aye, Ms. Wolfe aye, Mr. Adam aye, Mr Lavinino aye, Ms Hartman aye, passes 5-0.
Okay turning to item number two would you read that into the record Mr. Allen?
0:46 – 0:588 turns
Pardon me Chair Hartman and members of the board. Item number 2 is on public health this is to consider recommendations regarding a report on the homeless death review team
Good morning Chairman and members of the board. I'm Vonda Reynoso public health director with me are members of the homeless death review team, I'd like to introduce you to Ralph Barbosa who is our healthcare for the homeless program coordinator and Dana Gamble, Assistant Deputy Director for our clinics as well as Dr. Charity Dean Health Officer in absentia I'd like to also introduce you to Michelle Weimer who is our epidemiologist and created the wonderful graphs and analysis that you see in your report Today, Dr. Dean will do the presentation and Dana will be available for any programmatic and service delivery questions. Thank you.
Madam Chair, members of the board. We'll go ahead and get started with our report on deaths among homeless persons in Santa Barbara County. Dana's going to advance slides for me, go ahead. Thank you. This is the fifth Santa Barbara County Homeless Death Review Team Report. The Homeless Death Review team meets regularly. This report reflects data from the calendar years 2015 and 2016. The review process takes up to 18 months from start to finish and involves many partners.
Demographics in 2015, 40 individuals were identified. 80% of them were male. The average age of death was 53 for men 54 years for women 49 years by race ethnicity 70% were Caucasian 18% were Latino Hispanic. In 2016, 44 individuals were identified. 82% were male. The average age of death was 55, 55 years for men and 57 years for women. 50% were Caucasian and 43% were Latino Hispanic.
Location of death in 2015 there was again our number is 40. South County was 51% of the deaths, North County 41%, and Central County 8%. In 2016 South County accounted for 77% of the deaths, North County for 14%, and Central County for 9%. This data was compiled directly from the death certificates. Manner of death. The manner of death is determined by the medical examiner or coroner.
For 2015, 45% were categorized as accidental, 35% as natural, 12% as suicide, 3% as homicide and 5% as not determined. In 2016 with 44 deaths, 62% were natural, 34% were accidental, 2% were suicide and 2% were not determined. Cause of death and this is recorded on the death certificate and determined by a physician or by the medical examiner typically diseases.
In 2015 drugs are alcohol related accounted for 32% 32.5%. Cardiovascular 15%, all other causes 52.5% location in season for 2015, 52. 5% were indoors and 47.5 percent of deaths occurred outdoors And in the pie chart below you can see the seasons of the year and that 30% occurred in the summer. That was the highest number, the highest season for that year. In 2016 drug or alcohol related accounted for 20.5%, cardiovascular 15.9% and all other causes 63.6%.
Location and season for 2016, 52.3% of deaths occurred indoors and 47.4% of deaths occurred outdoors. And again looking at the color pie chart below you can see that the highest number was 34% occurring in winter. Access to Services. Records were reviewed to determine the percentage of decedents who had accessed any of the four county agencies within the year prior to their death.
68% in 2015 and 71% in 2016 received services from Public Health, Cottage Hospital or Marion Hospital. 95% in 2015 and 98% in 2016 had contact with the Sheriff's Department. 85% in 2015 and 68% in 2016 had been seen by the Department of Social Services. 45% in 2015 and 64% in 2016 had been seen by Behavioral Wellness. This is a table showing Santa Barbara County agency access. If you look over on the left upper corner under service provider, on the left we have the behavioral wellness department, the public health department, the Department of Social Services and the Sheriff's Department. Then if you scroll across the top you'll see the year of death 2011-2014 2015-16 and then all data. On the far right those percentages on the very far right Show that for all data number of one hundred and forty six total deaths that were recorded.
Forty seven point nine percent utilize behavioral wellness. Sixty seven point one percent utilize public health. Seventy one point nine percent had contact with social services and ninety six point four percent with the sheriff's department. Of note data was not collected in 2012 to 2013. Summary and conclusions. As identified in previous reports, substance abuse drugs and alcohol remains the most prevalent health condition identified in homeless individuals who died in 2015 and 2016.
The decedents died prematurely with average age of death being and this is a typo it should be 53 years in 2015 compared to 77 years in the house population for the same year. For 2016 the average age of death was 55, that's a typo it should be 55 years compared to 78 years in the house population for that same year. The leading cause of death in 2015 was due to blunt force trauma and in 2016 was due to drug or alcohol overdose.
These individuals had frequent contact with four Santa Barbara County departments, Public Health, Behavioral Wellness, Sheriff, Social Services and other providers of health care services including local hospitals. What brings people to homelessness is unique for every individual and ending one's homelessness requires the support of many. Now that I've presented the report's data analysis and conclusions, I'd like to tell you a story about one of the deaths included in this report. I will call him Jay and he was my friend.
I met Jay as a new doctor fresh out of medical school in 2005. He had been hit by a bus near the parking lot where he camped outdoors. We struck up a friendship in the emergency room, the next time I saw him was for pancreatitis from an alcohol binge and the next time for alcohol withdrawal which I treated him for a number of times in the intensive care unit.
Jay would come find me when I was working in the ER or seeing patients at County Clinic and would always ask how my kids were. He usually wore a black t-shirt that said in big white letters, life is good. I knew where he camped on Castillo and would swing by to check on him when I was downtown. One time I found Jay downtown in the early stages of DTs from alcohol withdrawal since he'd run out of money.
Knowing it was either another three days in the ICU or a pint of vodka, I gave him the 20 bucks to buy the vodka. Over the 11 years I knew Jay he developed progressive schizophrenia but didn't want to take the psych meds that were prescribed. He drank to calm the voices instead. He didn't want to stay at the shelters, didn't want to quit drinking and refused efforts to get him housed.
Jay was too mentally ill to consistently take his psych meds, yet not ill enough to be mandated into treatment or a psychiatric facility. So he lived between the streets, the emergency room, the jail and county clinic. I'd been looking for Jay but hadn't seen him in a year when we sat down a few months ago to review the data for this report. There on the list of homeless deaths in 2016 was his name and there on the death certificate under the official registrar's signature was my name as County Health Officer.
I stopped and stared for a moment. My friendship with Jay had spanned from my surgical residency to internal medicine, to rotations at county clinic, to very long nights in the intensive care unit, to my current role as health officer Knowing and caring about Jay had taught me the grim realities of those with dual diagnosis, mental illness and substance abuse. And how oftentimes there just are no simple solutions.
Jay's death is a data point included in this report but he's not a statistic to me. He was my friend. I work at the homeless shelter medical clinics treating scabies or abscesses. As a physician that treatment is really easy, but treating the mountain of social and mental health problems that led to the abscess is not so easy. That's what we attempt to do at the county across four different departments and it's what our partner community-based organizations do every single day.
Success in this arena cannot be measured just in data points. Success is also one person at a time being offered kindness and a warm meal on a rainy night. I want to especially thank our faith community, the many churches who opened their doors as part of the Freedom Warming Centers Jay showed up at these churches many times. Nobody stood at the door with a checklist to ask if he had finally quit drinking or if he had taken his psych meds. Instead, he was hungry and they fed him. He was cold and wet and they gave him dry clothes in a warm place to sleep.
Kindness is measured one person at a time. I also want to thank all the organizations and agencies working on the front lines to make a difference. Multiple agencies in Santa Barbara County work together to address the myriad of challenges related to homelessness, and provide critical services. Housing, drug treatment, medical care, employment resources or just a warm meal.
These dedicated team members deal every day with complex situations. We appreciate their compassion and commitment. Thank you and we'll take any questions
Thank you Dr. Deane and thank you for humanizing the statistics that you showed and shared with us today. Supervisor Williams?
Thank you Dr. Deane for your story. Could you go back to the slide with the pie chart? I think your story highlights a question that I have, the previous one. The
location of death?
No, the cause of death yeah. When you have a death by exposure or a death by overdose, or a combination thereof. What is that categorized in this pie chart as?
Well there's two larger categories of this pie chart, natural and unnatural. So natural is the top blue one and then unnatural is accidental suicide or homicide so it's divided up into those three. The question of exposure to an element I believe that would be accidental but confirm with Dana. Is that right?
0:58 – 1:0712 turns
And if toxicology reported that it was cardiac arrest or something from an overdose, would that also be accidental?
Some of this is up to the discretion of docs and I'll tell you it's challenging when I get asked to complete a death certificate with the cause of death. If I have a homeless individual who is an alcoholic who died on a cold winter night of cardiac arrest, then the physician has to decide how to rank those
items. Was it exposure or was it drugs? You know I mean the only reason I bring it up it's not to critique this work at all because I think it's important that you guys highlight it for the public and for us but it's just that the words that we use kind of make it seem like it's inevitable or that it's just part Existence, you know when we say things like it was an accident.
Or it was natural. When your other stat which is the difference in age cohort of deaths really tells a lot of the story? It's in this day and age. It's just not normal for people to be dying. Had an average of 54 years And and many of the things that lead to it are avoidable. As you indicated more of the deaths happen in winter and that's because of cold weather.
And when people can't get access to shelters or warming centers that matters when people are living out of their cars and don't have a place to park that that matters And so I just want to encourage you in your work, but also put out there that I don't really believe that most of this is an accident. It's avoidable or at least enough of them are avoidable that you could see a difference in age and the length of life in this population.
Supervisor Adam.
Yeah I wanted to kind of ask about that too on slide 9 if you go there. Yeah that was nine the last one was 9. Yeah there you go where we're talking about now instead of 40 it's 53 compared to 77 years in the house population. You know I would expect people that weren't homeless to be living longer. I mean that's kind of a statistical red herring there. Do we ever compare the death rates or the deaths ages or any of these other statistics to other jurisdictions?
Chair Hartman, Supervisor Adam we have not in this report compared Santa Barbara County to other jurisdictions. We certainly could collect data not every county or jurisdiction compiles a report such as this but there are enough now where we could compare
And yeah I would argue that you excuse me. I would argue that you should because you know what we you can't measure this population against normal people that have homes and heat. I think it's unreasonable. You've got a population that's basically living without benefit of Heat and that's going to make a huge difference in that population's health. And you can't compare that to the rest of us. So we got to look at how it stacks up against other jurisdictions and if you have some major departures from the statistics in those other jurisdictions then maybe you've got a problem but you know your this is a sad and Difficult problem.
And we've spent a lot of time and effort and money trying to solve it. And I don't know that we move the needle much You know in terms of making those numbers of people that are engaging the activity lower. So you know I mean it's going to get as good as it gets and then you're at diminishing returns at some point. And so that's why I'd like to see it calibrated against other jurisdictions experience because Maybe we're maybe we're not doing as well as other jurisdictions in which case got a look at what we're doing.
If we're if we're doing as well as other jurisdictions then you know maybe your any further further efforts in that regard or are Madam Chair,
Supervisor Adam. Point well taken and I bring your attention to page 6 of the actual report it has this graph showing the case rate so speaking to your point Supervisor Adam what we did is we took the numbers and calculated the case rate which is the number of deaths per 1000 homeless population based on a C3H point in time counts and so you'll see that for example in 2016 the case rate was 30.49 per 100,000 so what we can do if you'd like is we can take our case rates because that's comparing apples to apples with jurisdictions that have produced a similar report and have case rates and provide that information back and we can also add that to our next report next time we complete this.
Yeah and I think that to the extent that there's you know even the locations, the manners all of that stuff. To the extent that there is apples and apples statistics out there we should be aware You know of and evaluate our effectiveness in terms of what other jurisdictions are doing. And maybe everybody keeps their statistics enough differently that they're not really comparable?
I don't know.
Supervisor Lavanino.
Thank you Madam Chair. Well a couple things I took away from this was on the seasonal, if you go back to that 2015 actually more people died in the summer than actually in the winter so it seems like it's a year-round problem. The other thing in the staff report that really jumped out to me was that 65% of the people had actually had health insurance and so You know, when I look at this and I'm thinking OK.
We're seeing a majority of my social services we know who they are. Even have health insurance and we still can't fix the problem. What is the answer? I mean it's not more money. I think we throw not throw we spend $250 million a year in Social Services in this county so. What is the answer? I mean, the story you told of the gentleman. How do you get through to that person where he doesn't want to change?
It seems like a bigger issue than we can deal with. What's your takeaway?
Madam Chair, Supervisor Lavanino. My friend Jay had insurance that's why he came to County Clinic and saw me all the time and the good news is that because he was on Medi-Cal and could come to County Clinic that probably prevented a number of hospitalizations because I could treat his pancreatitis as an outpatient instead of him ending up in the ER so having health coverage does help prevent more ER stays there's no easy solution you know I've thought long and hard about What intervention would have helped Jay because his story is so typical of so many other homeless individuals I know.
I believe early intervention is the key. I do believe that earlier intervention or Jay's willingness to stay on psych meds or get sober he tried a number of times he just couldn't, he just couldn't stay sober and he finally gave up. So I know our colleagues at behavioral wellness would probably emphasize early intervention anything you want to say?
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Taking costs out of the response, housing would be the solution to end homeless deaths. Having people in housing with supportive services, not to simplify it.
But you have to have people willing to approve housing as
well? Yes. We have to have people wanting
to build
it. With all due respect I went from where we are today to Nirvana but that is what we would Ultimately work towards to end the problem of homelessness and people dying homeless.
Supervisor Williams?
With you on that point on housing, I'll just say though that the removal of housing is a conscious public policy choice when people decide to ban... It's hard to quantify how many people on the street are living in their vehicles, right? But it's a large number and it's a much more invisible number than the ones that we do counts on because a lot of them have jobs and try to blend into the surrounding population.
But when we have public policy in some jurisdictions that attempts to ban parking in part or all of the jurisdiction and then tows vehicles, you're actually creating more people that have no homes as a conscious public policy choice. So if housing reduces death, taking away housing increases death, that's a public policy choice. It's not even a fiscal choice. It's not even a money thing.
And so you know to me that's one of the important issues here. If you tow people's cars, you're taking away their housing and maybe endangering them and increasing costs on our health care and social service system.
Supervisor Adams?
You know if a society decides that it's OK to have people living in cars I think that they've abdicated. Any kind of measure of success. And I don't think that a society deciding that they're going to tow cars necessarily you know, I think we decided that people can't live in cars and it's not what we want because as a health and safety I mean where do they Do all the bodily functions that they have to perform. I mean there's a reason that we have plumbing and we have you know heating and we have refrigerators and this is what gives us the lives that we live.
And so to say we'd rather have people living in cars than outside the car is not a tremendous measure of success. The other thing that I wanted to take a little bit of issue with is, sorry I can't remember your name but when you answered Supervisor Lavanino and you said taking cost out of the equation. Dude, hello? You can't take cost out of the equation because it's always there. I mean if we went to the bank of unicorns and rainbows and we got all the money that we wanted we could do whatever we want but that is not a real bank.
Chair Hartman, Supervisor Adam. I appreciate that and it wasn't meant to take cost out of the equation but to address the question about well what can we do to reduce the number of deaths amongst homeless. So having more housing regardless of the cost or we ultimately need Need to decide where the where the priorities are and where the funding is available. But I didn't I simplified it and perhaps I shouldn't have.
Well I think you can never divorce the cost from any anything that we could do up here because it all costs money and then it competes with everything else we have to do which makes it really difficult
Supervisor Adam I appreciate that and at my day job I look at costs all the time and I realize the importance in this instance one additional level of support for people who are homeless in addition to the social services that we offer and insurance. Thank you More housing because they're not Santa Barbara County, because they have a higher vacancy rate for millions of reasons. But there is data to support supportive housing as a model that does help to prevent homeless deaths.
Yeah and before I turn off my mic, I just want to say that you don't have to build low income housing or any particular kind of housing. Any kind of housing creates more housing and people that are upwardly mobile vacate the lower cost stuff and that becomes available to other people so even if you go approve Rancho La Laguna At some point really. I mean there's people that move all the way up the economic spectrum at that point so you know don't dismiss that because those are 13 houses that you don't have people moving to.
Supervisor Wolk? Thank you Madam Chair. I hate to say that I look forward to this report but when we started and we asked public health to look at this, we were seeing a problem in our homeless community and we wanted it looked I'm glad that we, you know having an epidemiologist look at the document and provide information and having the experts in front of us. I think this county is well served.
What is interesting to me as I look at the report though, it looks like homelessness has gone down not by much. And I participated in the homeless count. I think Mr. Lavagnino did once and I know that it's a point in time, that's why they call it point in time count. And may not be totally accurate. But in looking at the numbers, the numbers have gone down and yet if you look at the total number of deaths that the amount, the number has gone up from 2011 to where we are right now.
And then on top of that, which makes me also wonder why is that it seems we have so many more services. People are getting, they have the Medi-Cal which they may not have had before. And I recently maybe two or three months ago, I went out with Doctors Without Walls as they were serving the homeless population around Stearns Wharf. And it and you know Dr. Dean talked about Jay and I just was watching the physicians and everyone who is working with each individual homeless person that they encountered and I stood definitely on the sidelines Just observing, it is an incredibly difficult proposition. And listening to the doctors talking to these individuals and trying to get them making appointments and or literally treating them on the street.
Some of them have veterans benefits and they don't know how to access or they get frustrated. There's so many issues that are related to this population. And then again I'm sitting here thinking about a visit I had two weeks ago with Dr. Gleghorn and our I'm here to talk about the private nonprofit mental wellness foundation in the city of Santa Barbara. The home that has been developed for five women, five homeless women who now have shelter and what was so incredible about this house in Santa Barbara where they don't just have shelter but they're also getting services is that Of the five women they have all been there for one year so there has not been any dropout rate of the women who have found housing. So on one hand I see these little incremental changes and people in the community working so hard and they're so passionate and yet You look at a number and you know it goes up.
Now so it goes up and I don't know if that's a statistically significant number but regardless, I think it's important for us to be educated. I think it's important for us to have this conversation. I think that this county is moving in the right direction that we have a county clinic where people will come where they will come to Thank you. We have some data points. You've added the sheriff which I think is good there may be some other opportunities for additional information but again just circling back, I just want to thank all of you for being diligent for looking at these 44 people like Jay and giving us a snapshot of their life in their passing so thank you Madam
Chair. CEO Miyasato?
Board chair and supervisors I don't want to end this conversation on such a dour note so thank you Supervisor Wolf. And also to add on that, if Dr. Gleghorn is not in the audience she's been talking a lot about the expanded ODS system, the expanded organized delivery system As you notice in the report, substance abuse is one of the prevalent medical conditions and federal government has an expanded drug Medi-Cal which means we will be able to provide more services for substance abuse including opportunities for residential services that Dr. Gluckhorn is looking at so we have been making incremental changes and we look forward to having more changes moving in a positive direction with our services.
1:19 – 1:279 turns
Madam Chair, Supervisor Wolf may I just answer the question about the number going up. We figured you might ask that and we wondered ourselves so if you're wondering if you look at the raw data so going up over the years the last one was 44 and then if you look at the case rate it's not in the slides but it's in your report going up to 30.49 case rates so that is cases over 1000 population. You are right the homeless population may go down in that survey. So we wondered, is this real or is this artificial from the data?
Some reasons we think it could be artificial but to be objective, we don't know. So we're going to follow this. We might be detecting more cases because when we started this, we weren't really sure how to collect the data. How do we make sure that we've identified all the homeless deaths? And so now we're getting better at collecting the data. We sit around a table, all of us have our laptops open from all the agencies and hospitals and trying to figure out who was homeless. So we're getting more meticulous about gathering the homeless death data. We're also including North County providers and they were not included in 2011.
So we think we're probably getting better at case finding but it also could be real and we'll have to see.
I had two issues before Supervisor Williams asks his question or makes his comment. The first is the location and why we see more in the south, more deaths? I think it's on page 4 slide 4.
Chair Hartman that would be because there are more homeless people in South County.
I thought the last point in time suggested that it was growing and we were having a lot more homeless people in Lompoc rather than in South County, that's why this really startled me.
We are. It is growing and if you look at South in 2015, 20 people died in the south and if you combine north with central which central includes Lompoc that would it's about 50-50 And in 2016 I know there are significantly more in the south that died but that really is just on account of where they were when they died. It doesn't have too much to do with the location.
Thank you and I just wanted to add that Pescadero lofts is in my district and Isla Vista. And Isla Vista used to have many people like Jay and it really works to have housing first with the surrounding services. Mr. Frank Thompson was here earlier discussing an item on our administrative agenda and he worked very hard on that project and he's also hard at work on another project in my district in North County so Housing first works but it is a big investment. Supervisor Williams.
Well I also participated in those homeless counts and as you indicated the numbers of in the south are going down in terms of total population but numbers in the north are going up and so I think it's something to really think about it, you know, in response to Supervisor Adams point Now, I've lived in my car so has my father because it was the only way we could survive in this community and I would much rather have a lot of land that was passed down from generation to generation but that's how we made it.
There's a lot of other people like that out there. And particularly if you interact in the realms of hospitality, restaurants, colleges or agriculture somebody you know or interact with probably lives out of their car and I can tell you it sucks but it's sure a whole lot better than not having a car and not having a place to sleep And, you know people who are conscientious can find restrooms.
There are public restrooms a lot of places open at all times of night so I think that does that make me content? That's the way it is? No but I don't think it's something we should dismiss as something better than people sleeping on park benches
Director Geary. Did you want to address us?
Yes, thank you. Supervisor Chair Hartman and supervisors and CEO Mina Sato I appreciate all the comments that are being made. I do want to reemphasize that we will be expanding substance abuse treatment options through the organized delivery system hopefully by July 1st. And one of the important interventions in that plan is the expansion of medication assisted treatment There is medication available for chronic public inebriates.
I actually had an article that just got published yesterday on using a very low threshold approach to giving people who are chronic alcoholics medication that can help interrupt the cycle of Substance abuse, addiction and help people take advantage of the opportunities that are afforded when they are not continually intoxicated. So I'm hoping that we will be able to work closely with the public health department in identifying people who have these conditions and Delivering appropriate services.
As Dr. Dean has so clearly pointed out this morning, sometimes people with substance abuse problems don't come to substance abuse treatment but they do form a bond with their primary care physician or physicians seen in other emergency settings and that's where we need to be launching some of these interventions. We need to be very low threshold in some of our approaches In order to save lives, if we as Dr. Dean said stand at the doors of shelters and make people clear certain hurdles those are people that are going to stay away from those shelters and those are people that are going to be more likely to appear in this report I also just want to say that we have made a lot of strides in providing very low threshold housing, but we've been only able to do that in a very small way and we need to continue our efforts in order to provide that care.
Finally, I do want to note that in this past year we initiated an overdose prevention strategy where our contractor Pacific Pride distributed more than 450 opiate overdose reversal kits and 150 of those kits Thank you Dr. Gleickhorn, Supervisor Wolf and then we'll go for public comment. Thank you Madam Chair just on the parking issue and folks living in their cars there's a balance
1:27 – 1:358 turns
I know in my district and our unincorporated area we sit between two municipalities that have passed ordinances against folks sleeping in their cars so it impacts Thank you. Where they will be monitored, where they have restrooms available to them. So is it a perfect solution? No but definitely it's helpful and again we couldn't do it without the partners in our community so I think just that one piece I think is so important because the county alone can't do it and so reaching out with our community partners is really important And I think we will be seeing some benefits. And I do want to thank again Dr. Deane and Dr. Glaghorn but all of your teams for working so hard on this problem and working with a population that's so difficult, and thank you too Dana for your work.
So public comment?
Chair Harmon, members of the board we have three requests to speak this morning on this item. We're going to start here in Santa Maria with Andy Caldwell then we're going to go to Santa Barbara for Brian Rosen and Cheryl Byrd. Mr. Caldwell?
Madam chair, members of the board I'm Andy Caldwell representing Colab. I believe that for the most part your board and staff are looking through the wrong end of the telescope at this problem You know as your staff member indicated and many of you have suggested housing would solve the problem. Well that's just flat out wrong because housing is not why they're drug addicts, alcoholics and mentally ill.
I would offer to you that they became homeless because they were drug addicts, mentally ill and alcoholics. And that's why their family is not part of their lifestyle in their construct. You got it back assholes. If you go back and look at their history, they lost their... And Supervisor Williams I agree there is a portion that are just poor through circumstances or whatever. But that's a very finite number. The overwhelming majority of homeless people not just the ones that die are drug addicts, alcoholics and or mentally ill.
It could be 80 to 90% or more So you have to back up and ask, well why are they drug addicts, alcoholics and mentally ill? If you need to answer that question if you're going to solve these people's problems. And to do that you've got to go back to their family construct and you have to go back to the issue of personal responsibility which has not been mentioned here at all.
Then you also have to go back to the area of the law. Why is it legal and why is it the moral choice that society has made, to let these people live like animals destroying their lives? Because we prefer that over forced confinement or forced meds? That's the choice we made as a society. So you're looking at the wrong end of the telescope. You've got to step back and say, what's really better? Let them die on the streets? Give them the bottle of alcohol?
Continue to let them make bad decisions and try to kiss their boo-boos in the meantime? Our family has somebody that was on that report, a death report. Yeah, take a big step backwards. We've got to change the law and we've got to change our approach to holding sentient beings responsible for the choices they make. How are we holding them responsible in any way shape or form?
They're getting Social Security. They're getting free medical. They're usually getting shelter. They're getting clothes. They're getting handouts. They are getting meals and we're wondering why they're not getting better Thank you.
We're gonna go to Santa Barbara for Brian Rosen and then Sharon Byrne who's our final speaker
Okay, I just want to mention Mahatma Gandhi again. I wish all of you would read Mahatma Gandhi what he had to say about helping the poor. A society is judged how it treats its weakest members and he said the weaker... These aren't his exact words but the more vulnerable and weak, the more entitled they are to our protection. I don't know what kind of society we are. Look how we treat the poor, the brutality toward the homeless.
We make it so they can't sleep on the benches and rest by putting barriers in the middle of the benches. And I wanna respond to Mr. Adam, a society that is brutal toward the weakest members is not a successful society. Hey we're the richest country in the world! We're loaded with money. What are our priorities here? Where does all the money go to? Most of it goes to war.
What kind of society is this? Life is cheap. We kill a million people in Iraq, we have terrible factory farms and how we treat the weakest is a measure of our society. We need to look out for people, help people, realize we're all one. What we do to others we do to ourselves. This brutality and cruelness toward the homeless isn't helping anybody it's helps everybody to be kind and giving but I wish Mr. Adam and all of you would read Mahatma Gandhi he was very profound and caring Years ago I wrote a letter to the news press. People are going to give money to the homeless, people want to give and it often goes to alcohol, it goes to junk food.
I've given to the homeless, I usually don't because I know it can go for junk food and alcohol but if it's a good thing to give if one is led from the spirit I think And I said we should have health certificates where they can go on and get healthy food. Go to a health food store, make them healthier that makes them live longer. They're not going to go out and buy alcohol with those health certificates they're going to redeem it for some maybe organic healthy food.
People are going to want to give to the homeless, so let's instead of giving to organizations that often want to subject them to pharmaceuticals. Well I'm not a big believer in pharmaceuticals. I understand pharmaceuticals are the fourth leading cause of death and the county seems to be promoting pharmaceuticals a lot. Gandhi didn't believe in pharmaceuticals he believed in natural remedies 999 cases out of 1000 I think there are other ways.
It's like treating a symptom of drugging, so we need to have a lot more compassion toward the homeless. Let's help the homeless. Let's raise them up. A lot of healing is needed
instead
of aggressive meanness. Thank you very much.
1:36 – 1:474 turns
Good morning, my name's Sharon Byrne and I am the current chair of the Behavioral Wellness Commission for Santa Barbara County. And I wanted to echo a couple of things that were in the reports and maybe introduce some new information. One is that this Wednesday in the Behavioral Wellness Commission we will be discussing opioids and overdoses and we have a doc from Cottage ER, Dr. Chris Flynn. That's going to talk with us. We are well aware that many homeless individuals will seek ER as a first level of treatment, particularly for overdose. So we want to look at the information that comes out of what Dr. Flynn tells us and the cottage system's efforts to deflect opioid overdoses.
Also, I'd like to commend the Department of Behavioral Wellness for introducing Suboxone last year as an alternative to methadone in treatment of opioid addiction. One of the deaths in your 2016 count is unfortunately one that we worked with through the Milpas Outreach Project as a coordinated effort under C3H. To continue to support C3H's work in this area, in my experience in doing coordinated outreach it works. It needs to be repetitive and it needs to be focused and persistent.
Dr. Dean your experience of an individual coming to you for care I can well understand that because when you're having repeat contact with someone as you do in coordinated outreach You establish a relationship and as part of establishing that relationship we were able to sign people up for Medicaid And also for our Medi-Cal and for Medicare, and to get them to clinics. And also to check them into detox facilities. So I think one of the best ways to prevent deaths in the homeless community by overdose and by health problems is definitely through coordinated outreach.
I also agree that Housing First is the way to go. The problem that we're having is that even with homeless individuals that we've been able to secure Section 8 and VASH, Veterans Assistance vouchers for, we still are not able to find landlords that are willing to take those. So even when we were able to get someone funded to go into housing, we don't seem to be able to find that housing.
But I do think that housing works, and I also think coordinated outreach works. And I think the consistent repetitive approaches in using medications like Suboxone and Vivitrol which I'd love to see introduced into county to help with alcoholism and help with opioid addiction are a way that we can look at seriously reducing homeless deaths in this county. Thank you.
That concludes public comment
Okay I bring it back to the board. Are there any final comments or may I have a motion to receive and file this report? Supervisor Bull? Thank you Madam Chair, I'll make a motion that we receive and file this report. All in favor say aye. Aye. Any opposed? Thank you very much the report is received and filed and generated a lot of good discussion thank you.
Okay I thought we could get through the next item and then take a break but let's take
Thank you. Okay. you
1:48 – 1:598 turns
In 2017 after a short break. Turning to item number three in our agenda would you read that into the record Mr. Allen?
Chair Hartman, members of the board item 3 is from planning and development it's a hearing to consider recommendations regarding Historic Landmarks Advisory Commission's designation of the Davison House as a county historic landmark this is in the third district.
Thank You. Ms. Black
Madam Chair, we have a very brief presentation and Mr. Wilson will present. Thank you.
Good morning Madam Chair, members of the Board. The item before you is to consider adopting a resolution to designate the Davison House as a county historic landmark. This house was located at 1930 Alamo-Pentado Road in Ballard. It was constructed in 1886. Its original owners were Edgar Billings Davison and Grace Lyons Davison This house was nominated by its current owner, Dina Benz for historic landmark status. On September 11th 2017 the Historic Landmarks Advisory Commission considered the application and adopted a resolution conferring a landmark status on the property this resolution is set to expire within 90 days which would be December 8th 2017 unless your board makes it adopts a resolution today that's attached to your packet that was provided to you Staff's recommendation is to adopt a resolution included as attachment A of the board letter and designate the Davidson House as a county historic landmark.
And impose certain conditions on the property, and determine that this action or the adoption of the resolution is exempt from further secret review pursuant to section 15308 which is attachment B of the board letter. In addition I'd like to recognize that Mr. Lansing Duncan a member of the Historic Landmarks Advisory Commission is here and would like to present information to the board today as well as Joyce Gerber who is staff's liaison she is in Santa Barbara and she's available for questions as well.
Mr. Duncan did you want to come forward?
Chair Hartman and supervisors thank you for the opportunity to address you this morning representing the Historic Landmarks Advisory Commission. However on a personal note I can't help but stand here without acknowledging your consideration of the issue before this one. That's something very serious and I'm very glad that your board is educating yourselves and the community about such an issue.
That's a tough act to follow having said that. In this case, I'd like to just review a little bit of what you're doing and what sort of resource we're talking about here if we could have the nomination forms there? The form we have here that has been completed by the property owner, this is a set of new forms that the commission has looked at and revised all their information materials that are available on the web. And to make sure that everything is consistent because we were working with a patchwork of older material so that's sort of an upgrade we've done I just wanted to let you know about and then going forward Through this form there's a couple pages of more dense text if we could go to those.
This is where the real meat of the nomination is, if you want to look to some of this history which really supports making this a landmark. This is where you're going to find some of it and the next page too And then if we go on to the pictures, I'll tell you a little bit more about the creature we're dealing with. That's what David Gephardt always called these funny structures creatures and then he had us analyze them as to what component parts they have so if we could see the pictures of the house itself This is somewhat of a sleeper. This is a single wall, board and batten house with the central core you can just see that central gable and that center of the horse. That's the original house built in 1886. The redwood boards would have been brought to the Gaviota Wharf And then brought by wagon up to Ballard.
Ballard was the hottest spot in the center of the community at that point because the Pacific Coast Railway had not arrived in Los Olivos, which it was about to in 1887. But when the Grace Lyons who inhabited this house and one of the prominent residents that were celebrating by making this a landmark. When she arrived, she arrived by the Gaviota Wharf. Her family had actually come across the country with the Transcontinental Railway Taken a steamer, landed at the wharf and then by wagon came to Bowerd. And then if you go around this and we can see some more pictures here you'll see that it remains all board and batten single wall. A number of the old double hung six light above six light below windows are still there and then we can go around it or you can see that big redwood tree there That redwood tree was no doubt planted by Edgar B.
Davidson and he's the one who is responsible for the wonderful redwoods that are found in Oak Hill Cemetery of which he was the steward. We can go around the back, okay? There's that redwood on the left here and there's also a very large conifer in the front another one a pine that's probably planted by him And you can go around the front and then all the way to the last two slides I have that I think will show you a little bit more about who we're talking about here.
So here's a picture of Edgar what he is really celebrated for is his work as an early ranger in what was to become Los Padres Forest wasn't called that man they had had to go through a number of evolutions it was It was a reserve system that he was actually instrumental in creating, i.e., he wrote editorials and the like to make sure that the public is aware of how valuable these resources were And then he had connections, which he took advantage of.
But this picture on the top shows him in the backcountry in Sunset Valley and he spent a lot of time in the backcountry doing all kinds of different things. He built the Davy Brown Trail. He planted all kinds of trees back there, thousands of trees and basically created an order and preserved the area as much as he could for recreational use and for preserving the resources.
Down in the lower left this shows him at home in Ballard. He was really a sort of a renaissance man. He did so many different things and he was interested in so many different things Just above him there's a picture on the wall that Senator Thomas Bard, California US senator. He was a good friend of his he named his son after Senator Bard and he was always Lobbying on behalf of preserving the natural forest. The helmet down there on the lower right, that's his umpire's helmet. He would umpire the local baseball games and he served on the election board. He was a really very interesting guy and he was celebrated obviously by and well respected by the members of his community with this monument you see in the lower right This is found at Oak Hill Cemetery today.
And so now when you go up there, Maybe you're walking your dog. You'll realize who it was that planted those wonderful trees there and is celebrated by this plaque. And then if we could go to the next one, this is his wife Grace Lyons. The Lyons family along with the Davisons arrived in Ballard early just a year after Ballard had been created and Pretty early on, she and Edgar became sweethearts but they couldn't get married for quite a few years because he didn't make enough money.
However this shows them just a year after they had become married. This was his headquarters that he established in Fir Canyon and Edgar can be seen over on the left washing dishes. His mom is out there with him Family members and all kinds of other people would come and visit. Famous botanists, painters, John Gamble the California impressionist came. All kinds of people would come and he would show them the resources that were to be found there. Grace is standing in the door and this was just after their marriage. And if you notice he's got a Dutch door, the Dutch door actually has the same six light windows that are found in his sash window so that's just one grabbed from home basically some salvage to create The door there down below you can see the Ballard school.
The Ballard School lies directly across the creek from this house and in fact those of you who are more familiar with other historians like Tompkins He describes sitting in Grace Lyons' garden across the creek from the school, listening to the school bell while he records history she is describing. Grace and her sister were instrumental in creating the San Ynez Valley Historical Society and ultimately the museum. So this is a picture of the school.
Grace can be seen at the far right and we can date this picture pretty well because the tower had been added, the water tower in the back and Belfry in the front had both been added at this time. And this was actually Grace's own picture you can turn this picture over when you see it at the Historical Museum and her name is signed in her handwriting on the back so I just wanted to tell you these few things to sort of bring to life what it is we're doing in trying to preserve our county's history and I'd be glad to answer any questions you might have
Well thank you very much for giving us that perspective and I'll look at that home in a whole new light after what you said today. Are there any other comments or questions? Can we open it up for the public?
1:59 – 2:158 turns
Grace was an author besides she was. She was a reporter for the news press wrote for many years but these are her two little books she wrote about Valley history if anybody wants to borrow them from me I'd be glad to do so.
Looks like they're well tabbed any public comments? No request to speak. OK may I have a motion.
So moved
and a second. All in favor say aye. Aye. Any opposed? Motion passes. Turning to item number four, Mr. Allen would you read that into the record?
Chair Hartman and members of the board, Item 4 is for Public Works Planning Development and the Treasurer Tax Collector. This is a hearing to consider the revised Tejiguas Resource Recovery Project and Comprehensive Plan Amendment to the Waste Disposal Facility Overlay. This is located in the 3rd District.
Good morning Madam Chair and Board Members. As the Clerk mentioned, Public Works and P&D are teaming up today for your consideration of the revised TRP and the comprehensive plan amendment to the Waste Disposal Facility. And as you know this project is the largest proposed greenhouse gas reduction project really in our county's history. And we believe we bring you a better project today than you've seen in the past. It has been a true team effort to get where we are today, both internally and externally, and a tremendous amount of effort has been accomplished to get here.
Internal departments included the leadership of the CEO's office, Public Works, P&D, County Council, the Treasurer's Office and the Auditor-Controller. And then our external outstanding vendors Mustang Santa Barbara, DeAnna Construction, Marborg Industries and quite a few outstanding consultants and specialists in our community so big thank you goes out to this tremendous team.
Our presentation today will be efficient and focused. It'll be a tag-team effort between Public Works and Planning & Development. Ms. Leslie Wells from Public Works will open and close the presentation, Ms. Tess Harris from P&D will review the comprehensive plan amendment items, and Ms. Jody Leipner from Public Works will cover the CEQA items. So at this point I'll turn the presentation over to Ms. Leslie Wells. Thank you.
Okay I think I'm good to go. Good morning Chair Hartman, members of the board as Scott mentioned I'm Leslie Wells a program manager with the Resource Recovery and Waste Management Division for Public Works we're here this morning to present several recommendations for your consideration related to the Tahequs resource recovery project Topics for the presentation include the project background, a proposed comprehensive plan amendment and the Planning Commission's conformity report related to the project. The addendum to the previously certified subsequent EIR. A second amendment to the contract between the county and MSB investors to design construct and operate the proposed facility.
A brief financing update and a summary of staffs recommendations Your board has received over a dozen presentations regarding this project but for the sake of the general public, the purpose of the proposed project is to provide the infrastructure necessary to manage our region's solid waste materials over the next 20 years. The region includes waste generated by residents and businesses in the cities of Santa Barbara, Goleta, Buellton, Solvang and the unincorporated areas on the south coast such as Montecito, Mission Canyon, Eastern Goleta Isla Vista and UCSB and the San Ynez and Ucayama valleys.
The state has established and approved regulations with the intent of decreasing the environmental impact of the waste that we all generate, more specifically targeting the reduction of greenhouse gas emissions. A series of recent regulations will require the state Including the residents and the businesses to decrease by 50% the amount of organics currently being landfilled by 2020.
And this reduction increases to 75% by 2025. While those dates seem far in the future, it's very challenging to develop the infrastructure necessary to meet these requirements in a timely manner. We are fortunate to have begun this process prior to the implementation of these new regulations. As you are aware, the proposed project is designed to process municipal solid waste and source separated organics and recyclables.
Looking a bit at the past project timeline, the planning commission evaluated the original project for conformity with the comprehensive plan in January of 2016. This action was followed by the board certification of the proposed projects subsequent EIR and approval of the 12 year contract with MSB to design construct and operate the project in July 2016. In December 2016, the board and each of the partner jurisdictions approved material delivery agreements to use the proposed facility as well as an agreement with Marburg Industries to deliver its waste material to the Tahecus landfill.
Also in December, the board approved public financing of the project and authorized several financial actions in order to proceed with the project financing. In early 2017 staff identified a portion of the project that was inside the state coastal zone boundary line and project and financing activities were suspended. Since that time, county staff has worked with the selected vendor to modify the proposed project to be outside of the coastal zone.
The revised project includes relocating the anaerobic digester outside of the coastal zone, replacing the landfill gas control system engine and flare and relocating them outside of the coastal zone and decommissioning the existing landfill gas control system. And lastly, revising the Waste Disposal Facility Overlay to encompass the changes associated with the revised project and to correlate with the site's existing solid waste operational permit.
So this depicts the changes graphically. The anaerobic digester is proposed to be moved outside of the state coastal zone boundary. The facility would now be adjacent to the composting area where that digestate, which is the end product of the anaerobic digester would be composted as a reminder the anaerobic digester and associated facilities We convert the organics recovered from municipal solid waste as well as source separated organics into biogas, which is used to power the engines and the digestate would be cured into compost or soil amendments.
The 20 year old engine and flare of the existing landfill gas control system located in the coastal zone is proposed to be replaced with two new smaller engines. And a flare relocated outside the coastal zone on the operations deck just south of the material recovery facility. Energy produced by these engines will provide most of the facilities energy needs This slide highlights the area that is currently being proposed to house the anaerobic digestion facility. Opponents of the project have indicated that the county is proposing to develop the Barone Ranch and impact its current recreational and agricultural activities.
East is at the top of the image and West is on the bottom. The straight blue line indicates the property boundary between one of the Tahequs Landfill parcels and the Barone Ranch parcel. The area we are proposing to use is currently within the Tahequs Landfill operational permit, and the grading of the location and development of a perimeter access road were included in the landfill 2002 EIR.
This area drains into the Tahigas watershed, not the Barone Ranch watershed and it's clear that the current activities at the Barone Ranch will not be affected by the new location for the anaerobic digester. The County Public Works Department continues to host the public trail on the Barone Ranch and is actively involved in realigning that trail to improve the public's trail experience on that property.
And now Tess Harris from the Planning Department will discuss the planning aspects of the revised project.
Good morning Madam Chair, members of the board. The purpose of the proposed comprehensive plan amendment is to accommodate the relocated anaerobic digester facility and associated facilities which would be located outside of the coastal zone. The comprehensive plan amendment includes revising the waste disposal facility overlay boundary The Waste Disposal Facility Overlay would be revised to add approximately 4.48 acres into the overlay boundary.
In addition, the overlay would remove approximately 55 acres of dense native vegetation not needed for solid waste disposal operations. This includes an area that was recently designated as environmentally sensitive habitat in the Gaviota Coast Plan. No operational changes are occurring. The same amount of tonnage, the same number of vehicles and the same operating hours would occur at the landfill.
This slide shows the location of the area that would be added to the overlay 4.4 acres up at the top of the slide. It also shows the location removed from the waste disposal facility overlay The resulting waste disposal facility overlay would look like this, approximately 302 acres in size. Exhibit 1 of the Board of Supervisors resolution which is attachment F of the board letter also provides a map similar to this that identifies the proposed waste disposal facility overlay boundary.
Staff reviewed the revised Tejigas resource recovery project consistency with the comprehensive plan and the Gaviota Coast Plan. Since your approval of the TRRP in 2016, the Gaviota Coast Plan was adopted. Attachment G to the board letter as well as the Planning Commission staff report also addresses government code section 65402 conformity and policy consistency for the comprehensive plan.
In addition, the Gaviota Coast Plan identifies the Tahigas Resource Recovery Project and specifically discusses the Anaerobic Digestion Facility and the Materials Recovery Facility. Want to speak briefly about some of the policy areas that are included in the analysis. Regarding visual resources and aesthetics, no new view impacts from the US Highway 101 would occur as a result of this project.
The facilities would not intrude into the skyline and public views would not be obstructed as a result of this project. Regarding biological resources, Arroyo Camado is located approximately 1400 feet from the revised Tahigis Resource Recovery Project. Therefore work would not be performed in environmentally sensitive habitat. Construction for the project is located on previously disturbed areas In areas of earthwork that have been previously disturbed and are comprised of sparsely vegetated upland and low value habitat, such that disturbance by the project would not significantly impact the California red-legged frog habitat.
Regarding the energy and climate action plan policies and public facilities policies, the revised Tahigas Resource Recovery Project promotes alternative energy. Biogas would be produced from the facility. The facility would generate approximately one net megawatt of renewable energy. The project would increase the region's diversion rate to over 80% and it is the largest greenhouse, would be the largest greenhouse gas reduction project in Santa Barbara County.
The project is necessary to meet state waste legislation requirements and to support greenhouse gas reduction legislation. In addition the project would not require a new landfill site. Regarding air quality policies, the project would not exceed emissions thresholds. Modern engines that would result from the revised Tahigas Resource Recovery Project would be equipped with a nitrogen oxide control system that would result in the county's reduction of stationary source emissions inventory.
The project would also reduce the landfill's methane emissions and would be consistent with the 2013 Clean Air Plan and the 2016 Ozone Plan. For these reasons the project is consistent with a comprehensive plan and the Gaviota Coast Plan. And it is in conformance with government code section 65402. And consistency with the comprehensive plan and Gaviota Coast Plan were reviewed by the County Planning Commission on August 30th 2017.
During that hearing the planning commission recommended that the board make the findings for approval for the comprehensive plan amendment as well as a recommendation that the board determine that no subsequent environmental review was required for the project. The County Planning Commission also adopted a resolution that recommended that the Board of Supervisors adopt a resolution amending the comprehensive plan.
Pursuant to California Government Code section 65402, the location purpose and extent of county construction must be submitted to and reported on by the county's planning agency which is the County Planning Commission. The Planning Commission made the 65402 determination of conformity during their August 30th hearing for the revised Tahecus Resource Recovery Project.
The Planning Commission also determined that the project was in conformity with the comprehensive plan including the Gaviota Coast Plan. Now I will turn it over to Jodi Leitner who will discuss the environmental review for the project.
2:15 – 2:222 turns
Thank you very much. So as Leslie had mentioned a final subsequent EIR was prepared and certified for the Tohugas resource recovery project and an addendum has been prepared for the revised resource recovery project As a part of that analysis we reviewed all the original impacts that were addressed in the original subsequent EIR and looked again to see if there were any revisions or changes to those impacts.
We conducted additional air quality, geotechnical water resource and hydrology technical reports. We updated the reports that were in the original subsequent EIR. We did additional surveys for biological resources and cultural resources. And we updated the visual simulations that were part of the original EIR. I just wanted to let you know that we did have to add another slide to the presentation that is included as slide 23 to address some comments that had come up from the public regarding red-legged frogs discovered in our south sedimentation basin.
The biological analysis in our addendum noted that since the subsequent EIR was certified, that in addition to other drainage features at the landfill red legged frogs were also observed in our south sedimentation basin. In numerous day and night surveys conducted at the landfill, our biologists have not observed red-legged frogs on the access roads in the vicinity of this basin or in other sections of our access road. However conservatively the subsequent EIR noted that red legged frogs may be present on the landfill as transients and they may occur in this area and operational impacts were identified as potentially significant.
We identified a mitigation measure to address the possibility that transient red-legged frogs could be present on the property and that mitigation which involves employee biological training and vehicle speed limits remains relevant to mitigate these impacts to less than significant level. Other impacts were similarly analyzed in the addendum and based on the revised analysis and updated technical studies there are no substantial changes proposed in the project. And no substantial changes have occurred with respect to the circumstances under which the project is undertaken, which will require major revisions to the EIR.
The projects geographic scope facilities and operational parameters remain generally the same as described in subsequent EIR And the revised ADF facility would be in an area that has been disturbed by permitted landfill activities and therefore the project changes would not result in new significant environmental effects or substantial increase in the severity of previously identified significant effects as compared to the project analyzed in the subsequent EIR.
I will now turn the presentation back over to Leslie Wells.
So as mentioned earlier your board approved the contract between the county and MSB investors for the design construction and operation of the facility in July 2016. Based on recommendations of the financing team and completion of several conditions proceeding contained in the contract, your board was asked to consider and it ultimately approved amendments to the contract in December 2016 and February 2017.
After identifying the permitting issue related to the coastal zone, the county requested that MSB submit a modified project design with its associated costs. The proposed contract amendment before you today formalizes these changes including The addition of the landfill gas engine, the procurement of that engine as well as the operation. The sale by the county to MSB for the landfill gas that would be collected at the Tegas Landfill site.
Increased pre-construction construction and operational costs as well as the inclusion of updated exhibits. So with regard to the updated project costs, the capital costs have increased $19,693,000. Of that close to 9.3 million is to replace the landfill gas engines. 10.4 million is to relocate the anaerobic digester. Operational costs increase from $15.15 per ton to $16.23 per ton.
Assuming your board approves your recommendations today, our team would need to go back and update the full financial model once we've updated the financing documents. However, we have done a preliminary update. We anticipate that these cost increases would lead to less than a 5% increase in the overall facility tip fee. Which means approximate 2% increase to the rate payer or 70 cents per month.
Staff will be returning to your board in the future to discuss financing of the project. Due to the delay in the project, the county declined a new clean renewable energy bond volume cap for the project which effectively lowered the interest rate for a portion of the project costs. Staff is requesting your boards authorization to submit a new application under this same program if more funds become available.
If your board approves the recommendations today, staff from the Treasurer Tax Collector and Public Works will update previously prepared financial documents. And the county team will then present the updated financial plan to the Debt Advisory Committee. Ultimately, the team will return to your board for approval of the necessary financial documents as well as authorizing the treasurer tax collector to abandon the issuance of the bonds if market conditions are deemed financially unfavorable.
So to conclude, staff is making the following recommendations that you make findings to approve the comprehensive plan amendment. That you consider the environmental documents and find that no further EIR or ND shall be prepared for this project. Receive the Planning Commission's conformity report. Adopt a resolution amending the waste disposal facility overlay boundary.
As well as approve and authorize the chair to execute the second amendment to the amended contract with MSB investors. Authorized a treasurer tax collector to submit an application to the IRS for I don't see any lights. I guess we're ready to go to public comment.
2:22 – 2:306 turns
Chair Harmon, members of the board we have nine requests to speak. We're going to start in Santa Barbara with Catherine Anderson to be followed by Anna Citrin and then Mark Sciatillo. Catherine?
I'm
gonna go first. Madam Chair, this is Mark Shatillo. With your permission we would like to reorder the presentation a little bit I'd like to make some introductory comments in my three minutes and then hear from Anna Citrin with respect to some of the environmental issues and then from Catherine Anderson so with your permission we would suggest that's going to be a better way for us to make our comments to your board if that's acceptable
sure
I can't see you, but okay. Thank you. Thank you Madam Chair. Mark Chatillo here on behalf of the Gaviota Coast Conservancy and as you're aware we have some severe problems with this project and dispute the adequacy of the environmental review document, the overall CEQA compliance and we would note that the board has not even taken the courtesy of complying with its own internal and mandatory board procedures for the consideration of documents in your evaluation and action on this project. We feel that you have abdicated your duties to the public and to rate payers with respect to this process, you failed basic governmental notions of transparency, you've lost your objectivity as decision makers and given the volume of information That you've been required to digest on an extremely short timeline.
You've failed in your ability to consider all of the facts and conduct an informed analysis that's visible to the public. It's an instrumental component of our democracy, that governmental decision making should be transparent and should be available to the public to understand. The fact that the county has entered into a contract and there's perceived liabilities associated with that does not This meeting is being recorded.
really appropriate for the county in this location or elsewhere due to changed circumstances and that the county is proceeding on a path that is going to ultimately be unsuccessful in approving this project but will simply snowball the costs to the county and the obligations that you will face as you go forward. So we would strongly urge your board to take a pause at this point, to reconsider The merits of this project and its finances and its propriety, its environmental impacts and the assessment that your board has considered as well as addressing issues associated with the coastal zone and other forms of noncompliance.
You received a letter from the Coastal Commission reiterating concerns that were raised by the commission 15 years ago. You'll be hearing a little bit more about that, but in the absence of clearance from the Coastal Commission and compliance with the Coastal Act, the Local Coastal Plan and the coastal zoning ordinance it's folly to proceed with the approval of this project and you are only digging a deeper hole for the county. So we would ask that you take a pause, that you do not approve this project. You do not adopt the findings and you direct staff to pursue an alternative which can better meet the needs of the community to address the concerns addressed by this project at a substantially lower cost. Thank you Madam Chair
Good morning Madam Chair and Board Members. I'm Ana Citrin, the Law Office of Mark Sciatillo representing the Gaviota Coast Conservancy. As Mark stated, I'll be addressing some of the environmental issues. One of the key findings that you're required to make today is that the addendum is legally adequate and that no subsequent EIR is required. Now we submitted a letter that details the substantial project changes and change circumstances that require analysis in a Subsequent EIR, I'm going to focus on two of those.
Two of those changed circumstances that really fundamentally alter the environmental analysis that was prepared previously in 2015 and 16. The coastal zone boundary discrepancy has not been adequately addressed. And the addendum fails to recognize that this is a significant change circumstance that results in significant environmental impacts. Not only as a substantial swath of the landfill now within the coastal zone and subject to coastal permitting requirements that have not been complied with, but we've also learned, and this is described in the Coastal Commission letter that was received just recently by the county, that in fact the extent of the county's rights to utilize the coastal portion of the landfill has not been determined and that no vested rights determination has been submitted to the Coastal Commission, when in fact they required this as Mark said over 15 years ago.
So this is a substantial issue that hasn't been addressed that results in substantial impacts both land use impacts and impacts to coastal zone resources. Another issue, another substantial change circumstance that has not been adequately addressed, notwithstanding the ultimate or the additional slide that staff discussed is the population of California red-legged frog.
Now there were revisions made in the most recent addendum with respect to the ridgeline that Thank you More importantly, there has been a substantial increase in the abundance of the frog and in their distribution. In fact, there's been over 1,000% increase in abundance of the frog observed on the landfill site. The original EIR that was certified in 2016 assumed the near absence of the frogs and the mitigation measure, mitigation measure bio 6 that staff referred to is very perfunctory and was not developed with consideration of this increased frog population, and does not at all speak to the southern portion of the frogs range which the addendum also doesn't clarify is the first time frogs have ever been found in the coastal zone at the landfill.
And there may be substantial impacts related to that. So for those reasons and others described in our letter, the addendum is inadequate and additional subsequent environmental review is required And you cannot make the CEQA findings to approve this project. Thank you very much.
2:30 – 2:352 turns
Hello and thank you for the opportunity to speak. I'd like to address development within the coastal zone and the visual impacts of this project. The operation of the ADF on the upper landfill deck relies on unpermitted development within the coastal zone. To date, only two permits appear to have been issued for recent coastal zone development. Unpermitted asphalt paved roads now stretch back and forth across the front face of the landfill. This development began in 2002 concurrent with a relocation of the green waste and treated wood waste processing to the coastal zone.
The proposed TURP would depend upon these roads for access. Vehicle emissions calculations pertaining to the relocated ADF were based upon the use of one road section that curves around the base of the landfill's mass, however a branch of this road clearly accesses the upper deck directly from the green waste area leading to the proposed ADF and composting area. This paved shortcut has been in use since 2006 and it is unlikely that its use will cease. This represents an omission of the routes traveled at the landfill and mischaracterization of the vehicle emissions associated with the ADF and composting area.
The 2002 EIR states that relocation of the green waste to the coastal zone would require a major conditional use permit, however this was apparently never obtained. This unpermitted green waste and treated wood waste area consists of a substantial three acre area of paved development in the coastal zone. The operation of the ADF itself is reliant upon the use of this unpermitted structure as green waste is to be used in the ADF process and for composting the digestate.
Approximately 2,400 feet of utility poles and power lines were installed in 2015 at the southern and eastern edge of the landfill boundary partially within the coastal zone also apparently without a permit. The revised addendum states that the ADF will be connected to the grid utilizing these unpermitted power lines. These unpermitted roads and structures now provide the only access and support for the entirety of the landfill and represent intensified use in the coastal zone in vehicular traffic noise emissions and hazards for threatened species.
And to address visual impacts, the revised addendum failed to focus on the ADF and reflect its changed location. Viewpoints utilized had been established under earlier EIRs and it had been meant to illustrate issues pertinent to those EIR's and not the proposed changes associated with a relocation of the ADF. In some instances, the original photographs were used despite being 16 years old.
The revised addendums state that they have added changed heights and locations of water tanks at the ADF but did not provide adequate information on their exact locations to allow evaluation of potential visual impacts. The revised addendum provides no photographs or view simulations from the lower Barone Ranch trail area. Views from this area are discussed in a TOPA drawing provided, but inadequate information is provided in the revised addendum to be able to evaluate the visual impact from this public location. CEQA guidelines state that evaluations must be done from current not proposed conditions and the future position of the trail may not be considered. There's no information provided as to the views of the Barone Ranch or the unpermitted power lines installed in 2015.
The highway 101 view is inadequate to address the change location. We're going to hear from Nancy Black and then from Phil McKenna
Good morning, members of the board and supervisors. I'm happy to speak with you today. My name is Nancy Black. I am on the Board of the Gaviota Coast Conservancy but I'm speaking right now as a mother. I raised my kids here. This project we're looking at the next 20 years in Santa Barbara County and I have a concern about the financial aspects that this is a crazy amount of money and who's going to pay it? It's our kids It could be as much as a 40% increase over the life of the project.
That's one of my concerns. Another concern is we're talking about putting a dirty MRF that will put out recyclables that were, we were told that would generate a revenue stream but I don't see a revenue stream coming if China said they won't buy that anymore. So that's a big change that happened since the scope of this project and I understand it takes a long time to get a project approved but Thank you.
It would be great to have more conversation about these large impacts. And we expected that this landfill was going to be closed in 2015, and now it's looking more like 2036. So this really is a generational conversation and I would appreciate more time to really assess the impacts even as conditions on the ground change. Especially with how much money it's going to cost. It's a crazy amount of money and I think we could do much better for far less, and our taxpayers would pay less.
Thank you.
2:35 – 2:415 turns
Phil McKenna is our next speaker followed by Carrie Mickey
My name is Phil McKenna. I'm a board member of the Gaviota Coast Conservancy. I practiced as a financial consultant for 35 years in Santa Barbara. I've reviewed hundreds of financial proposals and prospectuses offered in the public domain, and this proposal in front of you today is financially irresponsible, and if it was offered in the private market, it would be laughed out of the marketplace immediately.
Let me give you a little bit of history so that you can understand my concerns. Initially, Mustang the developer of this project and I'll refer to him he's morphed into the company has morphed into other entities but I will refer to it as Mustang throughout my comments here. Mustang was going to finance this project privately. With their own private financing and they were going to take the financial risk of that financing.
As they refined their proposal, they discovered that the financials weren't working because the cost of the financing was too expensive for them The interest rates were too high. And that wasn't because interest rates went up in the marketplace, that was because the risk of this proposal as judged in the financial marketplace for such debt was so high that they had to charge a higher interest rate for it.
And Mustang found that, you know, we can't make a go of this under this way. So they came back to the county and they said to you folks, listen if you issue municipal bonds to finance this project, you can do that under a lower interest rate and then it'll pencil out for us. Well, the outcome of that is that now the county bears the financial risk at this project and the financial burden The risks of this project are very considerable.
Think for a moment that China recently said, we don't want to take contaminated recyclables anymore and think that this project is a dirty mirth. This dirty mirth takes contaminated recyclables and attempts to sort them but the end product is likely not going to be saleable And 75% of the operating revenues that Mustang will receive come from recyclable products. So if there's no market for those products as produced by this project, how are they going to remain financially stable? This project really needs to be taken back to the drawing board and looked at in a more responsible and thoughtful manner. Thank you very much.
My name is Katie Mickey. I'm a 37 year resident of Santa Barbara and I am a business owner on Quarantine in Bond of 28 years, the Santa Barbara Body Therapy Institute So I'm here in support of everything that the Gaviota Coast Commission has said about a no vote on the Tiegas landfill It sounds like it is an ill-conceived project with many many different problems associated with it And it's extremely expensive and we don't have a revenue stream to support it We're shackling future generation kids with bearing the cost of this and ourselves in the future. So I don't support the project, and I'm here because as a member of the Lower East Side there has been an alternative proposal That has made its way to Doss Williams office. We've heard about it that the alternative proposal to Teague's landfill is The Lower East Side at Yonanali in Quarantina To install a dirty MRF and we already have a dirty MRF on the lower east side, we already have substantial air pollution problems and We think that that is a very ill-conceived Alternative plan if you are at all considering that so I'm here to to make a statement about that as a business owner, as somebody who spends the majority of my day on the east side and we're close to community center where they're planning to do this.
We're also close to elementary schools, to junior high, many different sectors of the population will be affected by exposure to a dirty MRF. If that's at all being considered, I'm a no vote on that as well. So I am a vote for us to take this back to the drawing board and see what other solutions are possible. And I understand there is possibility up in Santa Maria and so that's my vote is take time, study the situation, and see what else is possible. Thank you.
Would you hold just a moment? Supervisor Williams has a question.
Well, it's not a question. It's just that that's not a proposal that I put forward. It was an option over a decade ago when the initial siting of the project was taking place and it has been cited by some of the opponents of the Tahequs Resource Recovery Project as the alternative. So when you're saying move go back to the drawing board That would be the only case in which we would entertain something like that.
It was one of the other two alternative sites besides Tahequs for this project and it, the only ones who have brought it up to my knowledge are folks who are opposed to the Tahequs Resource Recovery Project because they're I guess trying to dissuade us from going forward.
2:41 – 2:489 turns
So we're going to stay in
that clarification. And that's good thank you.
We're staying in Santa Barbara for Guy Dolev and then Sharon Byrne and come back to Santa Maria for John Dewey who is our final speaker. Mr. Dolev?
Hello everyone. So I'm also a business owner in the Lower East Side, not a lawyer. I agree with everything that was said so far. I think the Gaviota Coast absolutely needs to be protected but also the lower east side is an area where you have a lot of mixed uses and it's an area that was extremely poorly planned. You have junior highs, a lot of residents then you have Other uses like the dirty MRF that's already there, which is the subject of constant air quality complaints. So installing another facility like this in the area is absolutely unacceptable. We have a lot of people that have organized together because of these kinds of uses, a lot of which were We're putting in ways that were terribly planned and probably illegal because this zone was M1, not industrial usage.
And it's very close to the coast as well just because there are already some unpleasant uses there doesn't mean more can be stuck there. So this project, even though some EIRs have already been conducted will absolutely put more nasty pollutants into the air. And the people to profit from this are Marburg Mustang and I don't want to name anybody else but this is a project that will not benefit the community and I've seen that some considerations have been made for doing this project in an urban area rather than rural with considerations for Fossil fuels being used for trucking materials out there, but Marburg is already using CNG vehicles which supposedly according to them don't put out so much pollutants. So according to their logic this wouldn't be something that's such a serious consideration.
So if something needs to be done with this kind of project then I would certainly Thank you very much. And I'm going to put it somewhere else that shouldn't be right in the middle of a community center thank you.
Thank you. I want to second the comments made by Katie Mickey and Guy Dolov that the Gaviota Coast Conservancy has made a really solid case for why this should not be located in the site that's been chosen, but we would like to also support that it not get possibly moved to the east side as an alternative for the reasons Guy mentioned. We've already filed EPA complaints against the MRF that's in existence This MRF, the dirty MRF would be or the dirtier MRF I guess would be situated five blocks from Franklin Elementary School. Two blocks from Casa La Rosa which is a major Eastside community center and five blocks from another major community center at Franklin Neighborhood Center so in our opinion not a good site especially in a dense urban area and thank you Supervisor Williams for your clarifying comments we just want to make sure that that option just really doesn't get on the table thank you
Back here to Santa Maria for John Dewey. John's our final speaker.
Madam Chair, members of the board. Let me first thank county staff who has done an amazing job of adapting to the new circumstances we learned about a year ago. I first want to correct a number of misstatements and omissions by some of the project opponents. First of all you may recall this is probably one of the most thoroughly studied projects that county has ever undertaken. The environmental document was Evaluated over the past four years, it's more than 4,000 pages. I may be one of the few people in the room that's probably read every page so I know what's gone into it. Most importantly project opponents suggest that there are alternatives that are either more cost effective or more environmentally beneficial. That's absolutely untrue.
If you look at the alternatives analysis in the EIR that you folks approved last summer, very clearly Alternative D looks at the possibility of aerobic composting of all the organic waste up here in Santa Maria at the Angle and Gray facility. That is a least environmentally preferred alternative from a greenhouse gas perspective Aerobic composting uses ten times more water than anaerobic digestion. It uses four times the land and you have additional GHG emissions from aerobic composting and the transportation of the materials.
Additionally, Alternatives F and G looked at the transport of waste to remote landfills either City of Santa Maria Or Simi Valley. Both of those cases are environmentally inferior to the proposed project, primarily because of the truck-based greenhouse gas emissions and the consequence of kicking your environmental responsibilities down the road to another community. It's also determined in the environmental analysis there are environmental justice impacts of not dealing with your waste locally and responsibly.
The simple conclusion, this project although nobody likes the location unfortunately is the best location out of all the available alternatives. It's also the most economically sustainable alternative on a long-term basis when you look at the alternative trucking your waste or the aerobic composting versions. We're well aware of the impacts of China. Unfortunately China or fortunately China is not the only buyer of this material. Southeast Asia and domestic Thank you.
sustainable environmental solution for waste processing in Santa Barbara County. So obviously we've put the last eight years of time, energy and effort into this and we look forward to your continued support. Thank you.
That concludes public comment.
Thank you back to staff for any clarifying comments
2:48 – 2:548 turns
Madam Chair, members of the board. I thought it might be helpful because two of the public speakers spoke about the impact of the recent developments in China on the recycling revenues. I think it's a very important issue and it's certainly something that we all want to pay really close attention to but I want to put it into perspective Largely, what China manages for us is a lot of mixed paper and mixed plastic. So those are the lower value commodities.
China went through this process two years ago where they started to enforce their regulations related to quality material. Material recovery facilities nationwide responded by slowing down the speed of their sorting processes Again, they are now ratcheting up the level of quality that they want. Basically lower amounts of contamination. MRFs across the country are scrambling to adapt to that. They're buying new equipment, hiring more sorters, slowing down the belt speed.
It's not that they're shutting the doors, they're just asking for better material. So I think we're in a good position because we're gonna have updated equipment that does have an ability to kick out a higher quality Thank you. While this is a moment of transition in the recycling industry, this project isn't going to be up and running for two-and-a-half years. And there already are market adaptations to the current situation. So looking at right now we're seeing lower prices for cardboard and paper If we would assume that were to continue to two and a half years when our facility would be built, we're looking at ultimately the increase to the ratepayer would be 35 cents per month. So we're not talking catastrophe these are not the highest value commodities so I just wanted to put that comment into perspective.
Supervisor Wolk?
Thank you Madam Chair I have a couple of questions. One of the speakers brought up the permitting of power lines can you address that?
Madam Chair, Supervisor Wolf. We don't operate in a vacuum and every project that has anything close to the coastal zone we always consult with planning and development on the need for permits. And we did on the transmission lines and because they were serving existing uses there was an exemption from CDP for that. So, again I'm very conscious of our presence in the coastal zone and when we have projects that are close to the coastal zone boundary we would always consult on what permits were necessary for those projects. Some projects were determined to need permits and some projects were determined not to need permits. Great thank you for that
and I have one more question Madam Chair. There was also mention of the November 2017 Coastal Commission letter and in looking at that it looks like they are asking the county to make a formal determination of vested rights. Is that something that you are planning to do? What is the status of that?
And if I might piggyback, what are the potential impacts on the project and the timing and the financing?
Chair Hartman and Supervisor Maybank take the first cut at that. So we did just receive a letter from the Coastal Commission requesting that the county pursue a vested rights determination. We'll be working with staff and with you as to next steps on that. I don't have a legal recommendation as to that at this time. This is something that as is discussed in the Coastal Commission's letter, the Board of Supervisors and staff looked at previously in 2006 also. I think what may be helpful for you to talk about your discretion today a little bit we have some of the speakers and certainly the November 10th letter from Gaviota Coast Conservancy asserting Violations in the coastal zone component of the Teague was landfilled by the county. So that's stated in the November 10th letter from Gaviota Coast Conservancy asserting the county has taken actions in the coastal zone that constitute violations So I think when you receive that information it may be helpful to just talk about discretion and the CEQA baseline.
The CEQA baseline is normally the environmental setting as it exists on the ground at the time that the notice of preparation is published and the environmental analysis has commenced, however the board does have discretion To decide how the environmental setting can best be measured and to use something other than existing setting on the ground so long as that is supported by substantial evidence.
I'm going to go back and forth a few times with this as we go through here, but really just emphasizing your discretion. So not just for the revised Tejiguas project but the general rule in the CEQA cases is to rely on existing conditions even if current conditions on the ground include unauthorized conditions or even things that were not previously studied it might not get studied if they're part of this baseline.
CEQAs does not envision rolling back a baseline to prior conditions So, having gone through this I just emphasize that the baseline on which this environmental analysis is grounded is a defensible baseline but your board could direct a different baseline if that was what you wanted. We would have to check and see if there was substantial evidence to allow that.
But as we look at this normally assertions of violations in environmental review are treated a little bit differently they're not treated at the same time and they're not rolled up into the CEQA analysis
Thank you Mr. Gazzani just before I just one more thing I just want to thank the three of you women for an excellent presentation it was very well done thank you
2:54 – 3:027 turns
And as a prompt on my social skills, I'll just note that with me today is Senior Deputy Marie Lasalla who's been working very hard on the second amended draft. In the background Danielle Drossel and we have two other attorneys in Santa Barbara who've also been part of this, Jenna Richardson and Steve Martin.
I just wanted to continue on the previous, the vested rights issue in terms of its potential impact for delay and delay time is money so delay could increase the cost. Is there any sense of what that, what this letter means for the cost of the project? What the potential delay might be?
Chair Hartman and Supervisors, maybe again I can take the first cut on that. Within the board agenda letter for the project there is some discussion at page 5 of the fact that no part of the revised Tejigawas project will be being constructed in or staged from the coastal zone and that the county has already completed construction Over a multi-year period to close the portion of the landfill in the coastal zone.
So I think probably at 10,000 feet discussion with the Coastal Commission about assertions of vested rights in the coastal zone certainly will be something we'll be looking at with you and with staff but actually do not directly impact the construction of this project.
Supervisor Lavanino
Thank you Madam Chair. Didn't have any questions just comments and I appreciate the folks that showed up that we're talking about the alternative at the Lower East Side because I think you totally made the point of what we're looking at is there is no great place to put a landfill. I don't know anybody that's lining up to site one in their backyard so I think we've studied this to death. This is the most environmentally sensitive place we could put it.
You know, I find it's a little ironic because there's a lot of mixed messages going on from the environmental community. This is the largest GHG emission reduction project that the county has ever done. And I know the governor was in Europe just this last couple of days and he was talking about the need for a reduction of GHG in the state of California. And I don't know about other supervisors, but my inbox has been blowing up this week of hundreds, literally hundreds of emails that I'm receiving of people that are opposed to the oil industry and saying 100 million people are going to die by 2030 if we don't reduce GHG.
And so it's you know we've got this dichotomy and I don't really know what folks want to do. I mean I don't know if you just want to close the facility and let Santa Barbara turn into a third world country and have an environmental disaster but the idea that you would, the first thing that would come to mind is well we'll take Santa Maria and dump it there I think says a lot about You know where the thought process is going.
I would totally be opposed to that and I know we're not even looking at that any further so like I said for me we've studied it. I'm confident, I think our staff did an excellent job and I also do want to thank all those this thing's been tied up there are so many legal questions I think our legal team has done an outstanding job as well so I really appreciate all the work that's gone into this.
Peters Supervisor Williams.
Well I want to echo the comments of my colleague Mr. Lavanino. I can't think of an occasion where I have been more dismayed about Whether the things that we really believe in as Santa Barbara environmentalists can ever be achieved. Many of the speakers are people that I've known for many years, worked with enormous respect for but they all people that have or many of them are people who have implored me of the urgency to address climate change That acting now is an imperative we can't wait five or ten years down the line.
And the question comes then then if we are not going to address The county's biggest role in producing GHGs from county facilities. I mean, I don't know any other way that the county could reduce its own emissions more than addressing the methane emissions which Twenty year time horizon of eighty four times. The impact of CO2 emissions on climate change I don't know any way that we could address emissions more substantively.
And it just makes me wonder- you know I founded my up my whole time in public service on one hinge point which is to try to make our environmentalism about To make it, to make us as a community be internally consistent. That we won't just talk about making the environment better that we won't just tell other people what they should be doing to make the environment better or to reduce their impact not just saying no to projects that are bad for the environment but do our part to make the environment better And instead I have suggestions that instead of this project you know we should Keep on killing the planet by continuing to landfill green waste. But let's just do it up in Santa Maria so we can close landfill down in our backyard and let the North County people deal with it.
Oh, and by the way, we'll just increase the amount of pollution and greenhouse gas emissions by trucking it farther. I think you all know what the word for that is and it makes me so sad. And, you know, I'm still looking for the day and I hope there will be a day when environmentalists will rally around a project to improve the environment in Santa Barbara County substantively Not just symbolic, let's cut a ribbon on a little piece of minute solar on a rooftop. But something real, something big. This is something big, this is something real and we should do our part.
3:02 – 3:089 turns
I have a question for staff and that has to do with the regulatory environment. If CalRecycle does require businesses to source separate their food waste, then what happens to that? I mean the dirty MRF is supposed to take that as part of the digester I've been to places like San Francisco, Napa, Napa County and heard about Rancho Mirage, Tustin Laguna Hills, Anaheim Lake Forest that all have implemented the successful food waste separation programs with individuals as well as with restaurants. So if we, does this project work against that or how would the two work together? If that were a more efficient and better way to go forward to get higher quality compost say for healthy soils initiatives and things like that.
Chair Hartman, members of the board. So how the regulations really the regulation that has the most teeth would be SB 1383 and it's geared towards not individuals per se although it gives the county the ability if we aren't able to reach those targets to start. Finding or taking enforcement actions against individual businesses. But what is allowed according to that law is, it ultimately wants the reduction in the amount of organics that's being buried and you can achieve that through recovering the materials from a processing facility.
As well as collecting material in a source-separated fashion. And frankly, there is no one answer. There's some circumstances where it makes a lot of sense to collect materials from a source-separated standpoint and others where it makes sense to just collect the trash and sort the materials out of it if it relates to space constraints The volume of people who are generating the material versus, say a large cafeteria where you're training 10 individuals and their stable employees that work there for a long time. So they would become very good at source operating organics. So this facility has the capability to process both so we can create compost from both organics recovered from MSW.
As well as create compost from source separated organics. I do want to stress that source separated doesn't mean clean. I have a picture, I know that we need to move along with this but typically what we're seeing in the industry is up to 25% contamination in source separated organics. So what's happening is including the composting facility we have here and They're needing to pre-process this material. They can't just compost it, they have to pull the tin cans out in the plastic bags and that's what's happening statewide. And so there really is the need for processing capability to handle both source separated material as well as recovering organics and recyclables from the trashcan.
So just to make sure I understand so we have the ability to take the green waste that is source separated and treat it separately and it may be a higher quality than what we put through? I see a head nodding back there.
Chair Hartman and members of the board, the anaerobic digester has 16 individual cells and so what we've said all along is that we could dedicate a certain number of cells just to source separated material or specific material types And that we could market that material to different targets based on the type of compost and the nutritional value. There's a whole science behind compost but yes, we have the ability to treat materials differently based on their generators.
Thank you. Are there any more comments or questions? Supervisor Adam.
Well I just think from a business standpoint and practical standpoint you got to have some place to throw your trash. And notwithstanding all the environmental reasons to do it, I think utilizing a place that you already have landfilled bunch of trash is just a natural and we've already shot the bullet on this one. This is out the barrel so I'm going to support
it.
Supervisor Thank you Madam Chair. Now I've been very supportive of this project and have watched the inception and the discussion of getting us to this point, and of course along the way there was some disappointment but I just want to express appreciation to all the staff to get us to where we are today. And I definitely want us to move forward. You know, I've been involved with my planning commissioner when this item came recently to the Planning Commission for approval.
I've talked to staff about this project. I had some concern about the Brown Ranch. There have been multiple issues that have been, that I've discussed with staff and I feel more than comfortable that we're moving in the right direction even though we had that major hiccup and I think this is time to move this very good project forward. Thank you Madam Chair.
I did have one other question that is our extension of the landfill is with this project is about seven years. Is that and my question is with delays we keep putting more material in the landfill and is that shortening and changing the finances on this project?
3:08 – 3:1214 turns
Madam Chair, members of the board. Without the project Landfill will close in 2026 and with the project it'll be extended to 2036. Just be reminded that a lot of things can change in that time frame based on waste habits habits of people and what they throw away and how much but but that's the current projections for the project.
And if the project is delayed a year or two would that change the finance the financial picture?
Delay costs money. It also delays the environmental benefits of the project as well.
Okay
I don't see any more lights up here Supervisor Williams?
I just wanted to give you an observation to address your previous question about feedstock, about whether there will be enough for composting programs and I think the other thing is just a historical observation because when I was a city councilman, we very much struggled with this. We wanted to do composting operations but we also wanted to be a team player at least most days we wanted to be team players for the county or some days we want to be team players with the county.
We wanted, and you know that the city has a voluntary food waste composting program in commercial. But when we looked at the numbers and we looked at overall trends it looked pretty obvious that we might not for a long time and we might never have the problem of having too little waste to process. Meaning that competition is only a danger if somehow people really reduce their throwaway habits and that historically since the beginning of recycling in this county, people have thrown so much more away that they've almost kept pace With the amount of.
Waste going in the landfill even though we now. Recycle almost 70%. So unfortunately I think. The affluenza you know our wasteful habits will prevent your question from ever being a problem or at least not for a long time.
Well. I came to this position and the train was well down the track. If I had an opportunity to start at the beginning, I don't think I would support where we are. And I'm still very concerned that conditions have changed The financing is questionable over the long run but I don't see an alternative. I came expecting to vote against this for a number of reasons but if I try to articulate those reasons here now with some of the answers to the questions, I really don't see a better alternative so I'm prepared to support it reluctantly.
Thank you.
Madam Chair, I'll go ahead and make a motion that the Board of Supervisors affirm the recommended actions A through G as noted in our staff report regarding the revised Tejigawas resource recovery project. And the comprehensive plan amendment to the waste disposal facility overlay.
Any
second?
I will second that.
Roll call vote. Supervisor Adam did you have more you wanted to say for the discussion? No, just
getting ready to vote. Mr. Williams Aye Ms. Wolk Aye Mr. Adams Aye Mr. Lavagnino Aye Ms Hartman Aye Passes 5-0
Okay I think it's time to break for lunch. Mr. Gazzone would you describe our closed session agenda and what time you think we'll be back to talk about cannabis?
3:12 – 3:132 turns
Chair Hartman and Supervisors, today the board is agendized to consider three matters in closed session two cases of significant exposure to litigation and one separate item of existing litigation in that case involves Rancho La Laguna versus County of Santa Barbara my estimate is a little bit less than an hour and a half
So we would be back about quarter to 2 2 o'clock. All right.
3:20 – 4:321 turns
Okay. Yeah. you Okay. You. Thank you. You. Thank you. Yeah. I'm Hmm. Okay. Hi, everyone. Music Mm. Yeah. You. Okay. you You. Yeah. Hi. Yeah. Yeah. you Okay. Good morning. Hi. Yeah.
4:38 – 4:552 turns
Good afternoon everybody. For anybody who's planning on testifying today, please get your speaker slips filled out and turn them in up here at the front or in the back of the room
you you Thank you.
4:56 – 5:0917 turns
We're reconvening the November 14, 2017 meeting of the Santa Barbara County Board of Supervisors here in Santa Maria. Mr. Gazzone would you report out from closed session please?
Chair Hartman and supervisors today in closed session the board was agendized to consider three items two cases of significant exposure to civil litigation and one matter of existing litigation which is Rancho La Laguna versus County of Santa Barbara there are no reportable actions
Thank you. Turning to number five in our agenda list, Mr. Allen would you read that into the record please?
Chair Hartman and members of the board item 5 is from the County Executive Office it's a hearing to consider recommendations regarding the state cannabis licensing options and amendments to article 10 chapter 35 county zoning ordinance.
Thank You. Mr. Bozanich are you starting us off today?
Chair Hartman, members of the board. Yes I am so I appreciate the opportunity to be in front of you this afternoon So we are bringing back to you a couple items from the October 17th hearing that the board requested that staff return with There'll be two components of this presentation The first part will be on the options for temporary state licenses what our local process might be and The second part would be to review the amendments to article 10 of the zoning code to create the amortization period. So I'll be doing the first part on the temporary licenses and Mr. Dan Clements with me to do the second part on the amortization period, and I'll pass it along to him.
So with that just to get started, just to provide some background to members of the public and to you the board. On October 17th, the board rejected a proposed process to determine legal non-conforming status on existing medical cannabis cultivation operations. But the board did ask staff to follow up with the state on states temporary interim licensing process and I do have some updates on that. Also, just a note that temporary licenses according to state statute would be good for 120 days with the possibility of 90 day renewals if a completed license for the annual license an application for the annual license had been submitted And in addition to that, by statute the county would need to provide an authorization letter for submission with a request by an applicant for a temporary state license.
A couple of pieces that we have been made aware of is that by statute and after discussion with state staff, the authorization letter would contain some basic things and then a lot of things we don't yet know because of the lack of published regulations. I did read in state statute as well as in discussion with state staff they were able to confirm that those parts of the statute include the name of the individual applicant for the temporary license. So in our vernacular, we've talked about it here, that's who would be involved in a cannabis activity Secondly, which specific cannabis activity or operation are they being licensed for? So for example would it be cultivation if it had been allowed. It could be manufacturing or something else but at this point for us the only potential allowable activity for a temporary license might be those medical cannabis cultivators that were exempted in Article 10.
Additionally, the state said that it would need and the statute and state staff confirmed that it would need to identify the specific location for that stated cannabis activity. So if you think about this, it really is the who what and where of the cannabis activity that would be critical for the state to receive from us as a county. In addition to that, and importantly the state emergency regulations may have other requirements. And state staff did infer that was going to be the case though they were unable at the time of my call late last week to confirm what any of those other requirements might be We have also been told that those emergency regulations are anticipated literally any day now.
And so we are bringing this back to you as requested by the board but understanding that we perhaps don't have the full benefit of the published state regulations of what those additional requirements might be. It's also important note that…
Sorry Supervisor Wolf has a question. Mr. Bozonich without knowing the specifics because I've also understood and I've talked with CEO's office about the requirement as I see from CDFA on temporary license applications on their bulletin that the applicant also has to specify That their application has been approved for commercial cannabis activity within the jurisdiction.
And I also found a article That was dated September 21st of this year. California unveils temporary licenses to allow early 2018 retail sales and one of the people representing the state, her name is Ajax had said that the biggest thing is that folks will have to have local approval for conducting commercial cannabis activity. So what we have as you noted was we have authorized medical cannabis prior to whatever the date was January 19th or something like that.
But it wasn't commercial now I know that there's some question about what the definition is of commercial so my question to you is since there are so many unknowns how is it even possible that the board could consider option one?
Chair Hartman, Supervisor Wolf. The consideration of option 1 or option 2 or option 1A would really be most beneficial in December When we could come back and talk about how that might happen and what in what way we might do it. So you'll notice in our actions today, we note in our recommended actions that it really is to receive requested information on consideration for options not make a firm decision so there would be an opportunity Supervisor Wolf I believe to come back to provide direction today, provide input on what those might be and then have staff respond to that more fully in the December meeting.
Okay so when we asked for you to come back to us today to check with the state you're saying that they don't have any of the information that's necessary for us to make a decision?
Chair Hartman, Supervisor Wolf if you're asking that in coming back today do I have the full information from the state? The short answer to that is no I don't have the full answer because we do not have the published regulations at this time.
And then, sorry for interrupting but this is just one question before we get into this with Mr. Gazzone because Article 10 was referenced a lot and when I looked at Article 10 and that has to do with our ordinance for the allowance of medical marijuana It says that no use permit, variance building permit or any other entitlement license or permit whether administrative or discretionary shall be approved or issued for medical marijuana cultivation in the unincorporated area of Santa Barbara.
So given that is part of article 10 how is it? I mean we wrote that into our ordinance basically saying that if we allowed that medical marijuana cultivation We are not giving any other entitlement licenses or permits. So to Mr. Gazzone, how could we even consider now or in December the possibility of issuing a letter that would in fact then result potentially in a temporary permit?
And chairman and supervisor Wolf I'm going to come back to your question in person started 10,000 feet and to describe maybe a Venn diagram because in addition we to article 10 concerning medical marijuana cultivation. The county also has And acted in April 2017 and then renewed in May 2017 a non-medical marijuana interim urgency ordinance. So the non-medical marijuana interim urgency ordinance is a general prohibition on cultivation and sales of non-medical marijuana Thank you very much.
People who were legal nonconforming as of the date of article ten. Or for the personal medical use exemption so there's a very small amount of daylight that's not prohibited by the combination of those two ordinances within both article ten at section one thousand three B which you just referenced no entitlements and the urgency ordinance there is somewhat similar language about not processing or issuing Land use entitlements for activities that are otherwise prohibited So so the county has a general prohibition in place both through article 10 and A temporary prohibition in place through the non-medical urgency ordinance. I
Thank you for that. So I guess just the general overall comment as you move forward is this, I don't see how we as a county given Article 10 and that provision can even move forward and consider issuing an entitlement given what we have in Article 10. And I didn't see that analysis in any of your presentation or on the board letter. So I think we are moving down a slippery slope to consider, to even consider that, to talk about it today or bring it back in December. Thank you Madam Chair.
Mr. Gazzani, that raises a question. Isn't the legal non-conforming? Can't we issue letters of authorization or permits for those uses?
Chair Hartman and supervisors so as to. Starting again at within the medical marijuana. Ordinance article ten there is a there are two exceptions one for personal medical use in the second for legal nonconforming uses so I think that challenge or the problem with issuing any form of authorization letter for legal nonconforming use is that the county does not presently have a process to adjudicate such illegal nonconforming use so Since there would presumably be winners and losers who are asserting a legal non-conforming use and may or may not have such a thing, if there was going to be a refusal to issue an authorization letter you need to have some kind of due process such that somebody would understand what the process was and would have an appeal right out the back end.
Supervisor Williams?
I just wanted to ask that process question, you know, that was brought up. Even if this process was in conflict with our ban, we have no previous board can bind the hands of the current board. The current board can change it right?
5:09 – 5:1510 turns
Chair Harmon and supervisors that's correct. The county currently has two separate ordinances in place affecting marijuana, one for medical one for non-medical but the board would have within its discretion as is being contemplated within the ongoing study the ability to amend or replace those ordinances.
Mr. Bozanich would you like to continue?
I'd be happy to. So part of the county's prohibition you know is as Mr. Gazzone just noted made up of those two separate ordinances, the urgency ordinance that your board adopted last spring as well as article 10 with those very very limited exemptions that were noted and letter of authorization It might be possible for medical cannabis cultivators that meet the exemption requirements in Article 10, really because they do utilize the term there legal non-conforming. And so that was how we move forward with being able to consider option one.
And so part of what we would imagine in this realm of an option and again I remind you that in October we were asked to bring back options plural and so we worked to come up with two. At least. Option one would be to submit a letter of request for a letter of authorization, so you've got to kind of follow the bouncing ball there to the CEO. So it'd be a request to CEO or another department you may designate for a letter of authorization.
Submit and then the second part of that would then require the requester to submit a sworn affidavit attesting to the qualifications for the medical cannabis cultivation exemptions as articulated in Article 10. The affidavit would provide the details and descriptions of who, where and when recalling that those are the pieces that up to now the state has been clear about what would be required as part of a county letter or local jurisdiction letter of authorization.
And then the affidavit could also require that the applicant upon request by the county provide documentation set to the qualifications as a medical cannabis cultivator and include any other aspects that the state may require through its imminent emergency regulations. And then the staff, based on that affidavit would prepare a letter using the facts from the affidavit and possibly including as a result of the discussion at the October meeting. Including the registry data that the individual had registered their operation back during our registry period in the second quarter of this year earlier this year.
And Mr. Bosanich may I interrupt? Could we include anything else?
Chair Hartman it's an excellent question and in my discussions with county counsel it would just really, the short answer is yes we could include other pieces. It would probably really go to how we would enact this particular provision so the simpler we keep it Then we could perhaps do this by resolution. If not, it might require an ordinance and so that would be something to consider at least in my discussions with council that was the dividing line.
Chair Hartman and Supervisors, I think the tension here again we're dealing as Mr. Buzanich said in a world where we have not seen the states implementing regulations so hard to know what they would require but if they're requiring an affirmative statement of compliance from the county my concern in this area would be that if you're doing that you would need some kind of a due process mechanism so that someone who was aggrieved by not getting that letter would actually have an appeal avenue So that's the challenge of where we're at right now.
Supervisor Williams?
Well, if we go this way what I would hope that we include in this is a little bit more you know teeth in it to make it a little more meaty like proof of owner approval on the property. You know let whoever's the registered owner on the APN Should be. Giving permission to use the property for marijuana cultivation and for my purposes down in Carpinteria asking them if they have odor control and what kind of odor control they have would be very helpful because then it could at least help us figure out how many places you know still haven't gotten significant odor control
Supervisor Wolk.
You know some I just really need some clarification Mr. because Mr. Besonich we shouldn't we only have based upon we basically have a ban in place correct? So there should only be a I don't know a few a couple of cultivators that were actually talking about it maybe at some point Ms. Black could could help us understand that but so it's not Is that right Ms. Black? How many are we actually speaking about possibly because these are the people before we put the ban into place.
5:15 – 5:2914 turns
Madam Chair and Supervisor Wolf, I don't know how many. Given the requirements of the non-conforming determination that there's a caregiver relationship that you're in compliance with all county and state regulations including planning and building code regulations and some other factors, I suspect there aren't very many but we have not We've reviewed some of the complaints that we've received and made some preliminary determinations on those. There are many other operators, and so we really haven't been able to look at the facts associated with each of those. And I know Steve Mason who is the assistant director in charge of enforcement is in Santa Barbara Did Mr. Mason want to add more?
I don't hear anything, don't see anything so misrepresentation.
So moving on to the second option staff would be not in a position to act would not act on the request for temporary state license until the adoption of that should be of not on of possible new business licensing and land use permitting ordinances in early 2018. This would, following the effective date of the licensing which would maybe be 30 days after the adoption of the ordinance by your board in the inland parts of the county and then effective following certification by the Coastal Commission in the coastal zone.
The staff would process requests for letters of authorization based on the requirements of those ordinances and in alignment obviously with the state regulations at that point in time. So those would be the two options for addressing the public's request at the last meeting to consider offering a letter of authorization for the temporary state licenses. I think it's important to then put these temporary state licenses into the context of what I would call the state annual licenses.
The language gets a little tortured here but it would be nice to be able to say the other kind of license is a permanent license if one is temporary, but the state licensing ongoing will be annual licenses that they will offer. And it's expected to begin to accept applications for both temporary as well as these annual licenses right after the first of the year.
Applicants for the state licenses have the options of filing applications with or without a local license, with or without a local permit land use permit, with or without a letter of authorization So it's different than in the temporary licensing scheme where it has to be, the request for a temporary license has to be submitted with the letter of authorization. When it comes to the annual state licenses that can happen later on. The state will then notify the local jurisdiction of each application and the county can respond with whether the applicant is compliant or non-compliant.
Or the county could remain silent and after 60 days, the state license would be issued. So one of the things that this does is it does create a bit of a gap and transition period for the state licensing between when the state will become effective, state licensing program will become effective on January 1st. And when or if your board decides to act to lift the bans And to authorize licensing and permitting of any of the cannabis activities within the county.
And it's also, which probably wouldn't happen until late March in the inland portions of the unincorporated area and not until after Coastal Commission certification of the EIR and of our ordinance in the coastal zone Which I think we've previously provided you with some guidance that is likely to occur in the first late first or early second quarter of 2019. So there is this gap transition period between when our ordinances would become operational and when the state licensing system would come into existence.
So direction on those operational options during the three to four month period or 12 to 15 months in the coastal zone is important as we examine scale, scope and timing of possible staffing. And will be a more important part of our conversation next month. Staff has developed some options for this period and they are rather broad but it felt like an opportune time to connect it with our conversation today about temporary state licensing. So if the board were to approve licensing and permitting in the inland and coastal zones, the first option would be to inform the state that the applicants aren't in compliance. This is again between roughly January and the end of March right? Before our ordinances become operational. So inform that applicants aren't in compliance since the prohibitions are still in place, new ordinances are not in effect and once local ordinances are effective local licenses and permits could be issued and then the state notified.
Second option would be to not respond And then allow state licensing to occur after 60 days. Local licensing and permitting could follow, and if for any reason local licenses and permits were not issued so we rejected a license application or we've discovered that we cannot provide the land use permit then we would notify the state and the state would take the action to revoke the state license at that time.
In the coastal areas only, there's perhaps another additional option and I'll just point you to option number two in the middle of your screen. Option one on this slide is the same as option one on the previous slide and option three is the same as option two on the previous slide but option two is really the new one in the coastal area. So again this is going to be maybe a 12-15 month gap or transition period from the effective date of the county's potential ordinances and land use permitting ordinances.
So in option 2 we would inform the licensing authority about the proposed operations compliance with the ordinance. And then compliance could be determined by completing a local application, site visit by local licensing and permitting staff that confirms compliance with local licensing and permitting requirements. Or completing a local application and actively participating in a consultation process with planning or business licensing staff to assess compliance with the effective but not yet operational local ordinances.
Let that sink in for a minute. So what board, what staff would appreciate today is really going back and focusing in on the temporary state licensing which would be what options with the board direct staff to take on providing a letter of authorization to applicants for submittal In concert with their request for a temporary state license. And just for brevity's sake, I added up here option one which was to provide the letter based on an affidavit and registry question mark or option two do not provide a letter.
And I suspect there could be options three four or five out here as well. And so at this point we could engage that conversation or if you'd like we can proceed with the balance of the presentation on Article 10 amendments on amortization and then come back perhaps after some public input for discussions on these questions around the temporary, the letter of authorization for temporary licensing.
Supervisor Lavanino.
Thank you Madam Chair I just have a question about timing Dennis. And I think we keep talking about this December hearing, but I don't think the public understands that we've picked a date of December 14th to have an all day. Well it's just dedicated to this issue and it's I mean, I think that the way we're going to look at it is everything with the zoning is going to be what the taxation is going to be. The rules are going to be so when we talk about December there is going Make it a little bit easier for everybody.
So okay so somebody feels that they're in illegal nonconforming status and they want to apply for a temporary permit from the state, so they would contact us first or go to the state and then the state would contact us?
Chair and Supervisor Lavanito, they would contact us first.
Okay so they contact us first and I'm just curious at what level at that point do we look at were they part of the registry? Do they have owner support? Are we looking at where their zoned? How deep how in depth are we going before we decide what course of action we're gonna take?
I think that's what we're deciding here
today. Well for me the option of being silent at the state is, I just think that's a really bad idea if we don't do anything and then after 60 days you just get approval. I also think there's a lot more people to think that they're legal nonconforming than they probably are so you know I definitely want to send a letter and I guess we'll figure out what's going to be in that letter. One thing though that I know a lot of people are concerned about is this idea of well the grower, the cultivator would be able to just fill out an affidavit and what happens after that?
I would like to see something in there that if somebody does fill out the affidavit and swears that they are who they say they are and all those kinds of good things, and we find out later within that 120 days that they weren't legal nonconforming or they were operating in a zone they weren't supposed to operate in or for some reason they were a bad actor. I think we've got to have something in there that's punitive as far as, otherwise you're going to have everybody and their brother just saying me too.
So I don't know if it's putting them at the end of the line or if it's banning them for a year or whatever it is but there has to be something that gets people on the right track and I think it's got to start You know I think one thing we all have to get in our mind too, we are talking about a 120 day temporary license. So this isn't even the temporary annual license this is a 120 days while we finish up what we're doing right now so.
But I still- And Supervisor Lavanino could you elaborate why that's important?
Well it's important for me because I think once you start allowing somebody to do something, it's so much more difficult to go back and stop them later. Because they already feel like they have some sort of vested interest. And that's the situation we're in right now. We have a ban and because of a lot of different factors people are working outside the law.
But as we try to build this and get people to say that they want to follow the rules I think this would be the first one, if you're really going to fill out that affidavit. And really, if I was on the borderline as a business owner, I mean I would err on the side of caution because It's only going to be another two or three months before we get our ordinance built in. If you really believe that you are legal nonconforming and you're following all the rules, then sure go forward and go through our process but I really think there has to be that catch at the end if somebody is doing it in bad faith. And I don't know legally Mike might be able to help me of what that could look like.
Supervisor Lavanito through the chair just a couple of things and I'm going to hand it over to Mr. Gazzone. Just to be clear what's before you that we're asking for direction is for the temporary license and so there's some confusion about if we take no action after 60 days the state will just assume it's approved, that is not the case for the temporary that's the case for the annual correct? So what happens if we don't act then? Then my assumption is that they would be rejected.
Let me ask Mr. Bozanich. So just on that, so if we did nothing they would not have the second part of what they would need to submit to the state in request of a temporary state license and they would fail?
And the second part of that Mr. Gazzone if he could comment on if we were to go forward with some authorization could we put something in there that's punitive
5:29 – 5:3712 turns
Chair and supervisors my recommendation would be not to include a punitive prong on that. Again going back to due process concerns when we look at things like our administrative fines ordinance, we have a due process framework on that so if we give notice of violation there is an appeal process and we know where that lands I think though that if you had a declaration pursuant to California law under penalty of perjury and somebody actually perjured themselves, there's a built-in sanction on that.
And Mr. Gazzone if I could just follow up on that and if they later came in for permanent permit could we look at that as a condition that would shape our judgment?
Chair Hartman and Supervisors we could look at that deeper but my initial recommendation would be to avoid anything sounds like a blacklist you know prior violation. But one of the one of the things we look at with discretionary permits is violation history along the way so we could look at that deeper.
Supervisor Adam.
Well you know I'm just this whole thing makes me kind of queasy because I am not a big fan of responding in a panic to set of facts and law that's not even final yet. I think that perhaps we should revisit the whole determination of legal nonconforming. You know we rejected that idea last time but It seems like you're going to have to go through it at some point anyway and I think maybe we ought to reconsider that.
Supervisor Lavanino.
I don't think we are. I mean if we, if we get the ordinance passed, if the EIR is, I'm looking at a timeline, so if the EIR's certified in February or so and our ordinance comes out in March, at that point I think legal non-conforming goes away. Am I correct?
I think we are setting a period by which it would go away and that is the next topic so maybe we should get into
that. That would be the next topic and I think it's a little longer than just going away automatically on adoption of the ordinance.
Supervisor Wolf you had something? I do, and I'm looking at our schedule. And back in October we were supposed to be talking about cannabis taxes, a draft ballot measure And then coming up in the end of this month, we were again going to talk about the ballot measure for cannabis taxes. So we and I actually thought we were going to be talking about financial issues as it relates to cannabis in our ordinance.
And it's I don't know when we're going to be getting to that. But then I go back to this whole issue of us doing a temporary license and again, it has supposed to be commercial. I don't believe that our legal nonconforming places are commercial, but let's just assume that they are. How does that work? We don't have any anything on the books right now as to the collection of taxes Thank you.
So again it's board discretion if they want to just receive public comment on this item we're going to keep it as an open item for later on but perhaps let Mr. Kleeman pursue article 10 yeah so at this point I'll turn over to Dan and follow up on the boards request
Yes good afternoon Madam Chair, members of the board. For the record my name is Dan Clemon, Deputy Director of the Long Range Planning Division. So pursuant to the ad hoc committee's advice in July your board directed staff to draft ordinance amendments to article 10 that would effectively do two things one was establish a procedure to determine the legal non-conforming status of existing medicinal cultivators and number 2 establish an amortization period for existing cultivators To either cease their operations or bring their operations into compliance with the likely permitting and licensing regulations that will come into effect early in 2018.
So pursuant to your direction, we prepared draft ordinance amendments. We presented those to the County Planning Commission and the County Planning Commission make a recommendation to your board. And on October 17th, we presented the planning commission's recommendations And effectively your board instructed us to return today and you did not take action on the nonconforming regulations or the amortization period instead directed us to return with just amendments which just included the amortization period. So we have prepared that for you it's in your attachment to your board letter.
And effectively what that would do is it would revise Article 10 and would establish an amortization period that would be as follows. It'd be either six months after the operative date of the new regulations or 18 months after the effective date, whichever is later. And the reason for providing that flexibility is we don't know at this point in time what operative date you're going to establish for the new regulations. You could, for example Um, have the operative date occur after the tax balloted curves if you wanted to do that. If you want to ensure that taxation all of the operators were taxed first before you allow any additional cannabis activities. Also we wanted to establish enough time such that people who are already currently operating under a legal non-conforming status truly do have enough time to either cease operations or become compliant with the new regulations.
I shall also state that we also provided An option for those who get their applications into us before the end of the amortization period. The application is deemed complete and we can see that they have all their ducks in a row to pull the entitlement that would be required for their cultivation activity plus whatever license, they would be allowed to continue operating while we process their applications so once again we're just trying to be as flexible as possible knowing that there's going to be a number of people in different situations and we want to afford them an opportunity to avoid any sort So with that said.
Our recommended actions are set forth in the board letter and as Mr. Buzanich stated earlier we're looking for direction from you with regard to the letters of authorization and then to take the actions to adopt the ordinance amendments to Article 10 which includes making the findings for approval, making the CEQA findings that this is exempt from CEQA and then ultimately adopting the ordinance which would effectuate the amendments to Article 10.
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Any questions for Mr. Klayman?
I've got one for Mr. Gazzone and it's totally outside this realm. But I did get some other public comment this week of course regarding Tepeskaya. And so I would just like you to weigh in from a legal point to determine whether it would be legally defensible to exempt a certain geographical area for example at Tepeskaya from this ordinance. I mean could you have it illegal in Tepescaya but legal everywhere else in the county?
Chairman and supervisors, this is an area where our general advice is that a prohibition like that should be universal throughout the county. There are some limited exceptions in the area of alcohol for certain neighborhoods where we work with ABC on the findings that allow slightly different treatment in different neighborhoods but something like a prohibition or an exemption from a prohibition concerning Cannabis production would be something that we would recommend be universal throughout the county and not within just a particular neighborhood.
I'll take this opportunity for those of you who haven't met Ashley Flood before to note that she's with me here today. Johanna Hartley has also been working with us but is on the road today, and they've both been part of ramping up for today's hearing.
So seeing no more lights we have 27 speakers who would like to address us today and it's getting late in the day so I would ask people to keep their comments to two minutes or will wear out. We won't be able to give this our full concentration. And if there are any people who'd like to keep it even shorter than that it would be much appreciated. So Mr. Allen.
Chair Harmon members of the board we're going to start with our first group of speakers in Santa Barbara. Let's start with Bjorklund to be followed by Leo Elevitz So please go to Santa Barbara for Bjorklund. And then Leo Elevitz.
Good afternoon Chairman, Chairwoman Harmon and supervisors. From a growers point of view we need the temporary licensing To keep us legal through this period of permanent licensing and not put us at a disadvantage to other producers in California or in other counties. Very important, I could go with either the existing medical marijuana growers or option one with an affidavit stating grow meats with state law and article X.
Um, as far as the amortization period, option one doesn't work for me. That would be fatal to my business. Option two non-conforming use permitted under CLU would work. Thank you very much.
Leo Elevitz, Santa Barbara followed by Eric Van Hoosten.
Madam Chair, Supervisors thank you for the time to comment on this issue. The temporary licensing under the terms of the state are intended to provide good players with a buffer of transition. These business owners in our county want to operate in compliance with state law and should be accorded an opportunity to move their businesses into full compliance with minimal encumbrance at this point since they will already be going through an intense vetting process while applying for state licensing And the county will have an ordinance early next year.
A simple affidavit requires minimal expense on the county's part while establishing a list of all the operators who are on a path toward legitimate state compliance. As for the allowable transition period, since the Coastal Commission won't be making their decision until 2019 it makes sense to provide 18 months of temporary licensing for the coastal zone Thank you.
would mean you're working on smart policy to support the big picture, which is public safety and mitigating environmental impact. Remember, the black market generates profits by selling to anyone minors a product that is not approved safe for consumption. The black market does not invest in good environmental practices. The black market does not mitigate how it impacts its neighbors and it does not pay taxes.
Thank you.
5:42 – 5:486 turns
Eric Ben Houston followed by Barbara Cruz.
Madam Chairwoman and Supervisors, I'd just like to add that you know being a compliant organization for quite a number of years now and working very hard to maintain that compliance through all the different regulations were our business really just looking for An opportunity to continue operating the way we are now, which has been under compliance throughout the beginning of 2018. If nothing happens quickly, if we don't have some sort of temporary permitting in the very, very near future I think we all risk either losing our businesses or being unable to continue in the manner with which we've been providing jobs and
Good afternoon I'm Barbara Close from the Eastern Goleta Valley Coalition. Of particular concern today is the consideration of a temporary permit being given to those applicants on the registry who basically are all just have been self reporting This is pretty shocking and I cannot think of anything that would serve our community less. Everyone knows that the majority of those on the registry admittedly have not been growing legally or have not been growing at all, and yet you are going to blindly hand over a temporary permit today. Why is this a good idea?
The county staff has repeatedly told us and actually reassured us that everyone will eventually go through a thorough vetting process. However, this process is so broken at the moment that you're now giving away permits like candy to unknown entities The public has no idea who they are. Why would the community believe that you're going to suddenly reel in these licenses at a later time?
Authorization of these permits would be a slap in the face to the Tepiscoy community, the residents of Carpinteria and the rest of us citizens in the county. You know, as Supervisor Wolf has just talked about that the state specifies that a permit or authorization must stipulate that the applicant can conduct and is approved for commercial cannabis at a certain location.
According to Article 10 of the County Code, there is no commercial use authorized anywhere in the county. So how can the board even begin to approve something that is not even lawful? We have no ordinances, no enforcement, no regulations, no tax collection, no designated acreage for cultivation and not, to our knowledge, not one registered site has been verified.
This appears to be a way for the county to help the cannabis industry get their foot in the door. We in the community urge you to clean up this messy process and make it much more coherent and credible by voting no on authorizing any temporary permits, thank you.
Anna Carrillo is our next speaker to be followed by Graham Farrar
Hello, I'm Ana Carrillo from Carpinteria Valley. This is regarding the temporary licenses first. I feel that the board's only possible solution is to select option two. Providing an authorization letter is a joke when so many operators are occurring with no regard to neighbors. Why should they be legalized since the only ones truly legal are those medical Cannabis operators who were growing before January 19th, 2016 when there were no complaints of odor. There is no way that current staff can verify that the applicant can conduct commercial cannabis activity at the location requested for the temporary license. The information from the registry cannot be used as it was all self-reported with no substantiation. If it were public knowledge, it would be another matter.
But we don't know, and right now the smells are just becoming tremendous. New places are coming up all the time. Regarding the state annual license, the county has to select option one and inform the licensing authority that the applicant is not in compliance with local regulations since a new ordinance is not in effect And therefore, current prohibitions are still in effect. Meaning that the only cultivation that is really legal is the medical cannabis permitted before January 19th of 2016. It's not fair to the residents of Carpinteria who are experiencing the greatest problems as mentioned in the draft EIR. That operators should be given a green light and given a free pass to continue to do What they've been doing with no regard for neighbor complaints.
It's always harder to take something away after it's been given, which would be the case if option two were chosen. Regarding amortization those who won't be eligible for permits must cease their operations by November 14th 2018 We who are experiencing the negative effects on our quality of life have had enough and the county needs to support their taxpayers and can't allow this non-compliance to continue. Those who are in non-compliance have earned plenty, and the county shouldn't be in the business of helping those businesses more than their voters. Thank you very much.
Our next speaker is Graham Farrar followed by David Lombard
5:48 – 5:535 turns
I'm not sure where to look. Chair Hartman, Board of Supervisors thanks again for your guys' time and work on this issue. I apologize for the state of California for throwing us all this last minute curve ball with temporary licensing but the reality is that they have and I think we can look at it as a step forward as it moves us closer towards the ultimate regulated environment that we're all looking for so one thing I wanted to bring up is that I don't believe The state is asking for the county to issue any permits. All it's looking for is for the county to affirm, formalize, memorialize what is currently happening which those of us who are growing compliant with Article 10 and a legal non-conforming status are doing in pursuant to the rules that are currently on the books and I would urge the board to support Option 1 which requires operators to sign an affidavit which moves that process another step forward And then to submit to the state that those operators are currently operating with authorization from the county pursuant to Article 10.
It's important that we do this quickly, otherwise by the end of this year we'll be looking at an entire industry in Santa Barbara County that is effectively forced into the black market. For the second part within the coastal zone, I'd encourage the board to support option two which would have the board, the county inform the Coastal Commission about what's currently happening and then allow the Coastal Commission to catch up. There is precedent for that as that's currently what we're doing with article 10 today. Thanks again for your guys' support and again I'd encourage option one on temporary license and option two in the coastal zone. Thank you.
David Lombard to be followed by Sandra Weil
Good afternoon, my name is David. If we haven't met I run the top rated boutique cannabis delivery in Santa Barbara and my intention is to separate fact from fiction kind of giving you insight into actual business statistics and best practices while dissolving some misconceptions about what we do as these things are going to come up with the state soon and so we desire to mirror the state's current licensing program And I can assist in drafting a Santa Barbara County ordinance for a delivery-only Type 10 retail license. Marin County's recent ordinance is a stellar model to work from. Trailer Bill SB94 states that type 10 businesses have the option to be delivery only, or a non point of sale, non storefront. SB 94 was a relief to over 80% of the counties in California who already have a delivery only law.
Why? Because as documented by CCIA and NCIA.org, delivery is easier to manage regulate and enforce than storefronts. Now I'm not suggesting we don't have dispensaries now or in the future. I'm simply saying let's be responsive to consumer behavior in 2017 as this is an Amazon Prime e-commerce driven world. Consequently, I suggest appropriate zoning for our fulfillment centers. Let's open up type 10 delivery only licenses from the county to industrial and manufacturing zones in the unincorporated areas.
And how will these types of licenses lower crime? This fall an industry co-study anonymously surveyed hundreds of deliveries and dispensaries and they found on average that there was less than one security incident in a delivery's first five years versus a staggering Four to seven security incidents, incidences in the first 18 months for walk-in dispensaries. And as an operator this wasn't surprising to me at all as we've had zero security issues for over four years. We're also mindful of our neighbors in the community so there's no disruptive or negative impact and our cars are appearance and our demeanor is impeccable as we love being the example some additional delivery only benefits include convenience and discretion for consumers improve diversity and equity for mom and pop Thank you.
Good
afternoon Madam Chairman and Board. I'm a resident of Carpinteria Valley, and the reason I am here today is to say we can't wait three months, six months, 12 months, 15 months. We need help now. The odor is unbearable. I am talking about Casitas Pass Road. I am talking about the 101 freeway by Santa Claus Lane. We have many growers now, whether they're legal or not that are not good players.
We need your help we need you to step up I know Doss Williams lives in Carpinteria but the other four of you do not. I invite you to come and sit in our classrooms at our high school I invite you to come and Thank you. You are ruining our community with this horrible odor. People have complained when they're on the freeway driving past Carpinteria, they want to know what's going on with us. Help us! We need your help and sitting here and listening to you talk in the various questions that you're asking each other it's very unsettling because it seems like there's no clear direction. Please please do something now
5:53 – 6:0011 turns
Back to Santa Maria for the balance of our speakers starting with Linda Tunnell and then Dave Clary.
I'm actually representing our neighbor, Tim Bennett. He was not able to stay so I'm reading his statement to the County of Santa Barbara supervisors. It is part of your job as an elected county supervisors to be responsible for the safety of the people of our community. Allowing Tepeskay Road, a narrow winding blind corners road to be used for commercial cannabis growth would be irresponsible.
Tepeskay Road is simply not designed for safe or commercial use. Two years ago my wife was hit head on and killed by a small car that lost control on Tepescay Road. Please do not put the Tepeskay community in danger. Allowing commercial cannabis grows where it is safe for the residents of this county Not in Tippiskaya Canyon. Thank you
Dave Clary be followed by Lil Clary. Yeah good afternoon I'd like to take a quick moment to respond or comment about Supervisor Lavanino's question about treating Tepeskaya Canyon with we consider it in respect to the specific conditions of Tepeskaya Canyon, we think it is very different from most other areas more akin to the mountainous areas in South County which already Thank you very much.
I know that you have to be concerned about equal protection issues, but there's an equal protection issue involved in Tepeskaya Canyon. So you treat us in the same way Health County is treated and these are very important issues not just for merely discussion here in this forum. And I know everybody here understands that so thank you very much. Supervisor
Lavanina.
Thank you I think that does, Mr. Clary brought up a good point so I'd like Mr. Gazzone to weigh in on that as far as mountainous zones and if we have any areas in the county that are already prohibited because of zoning.
Chairman and Supervisor we do have certain both special problems areas in mountainous zones that have special rules to them but I'm staying with the original answer that for something like a prohibition or an allowance of something like cannabis we'd recommend that be a generally applicable allowance or prohibition.
Lil Cleary is our next speaker followed by Steve Junak.
Thank you. I'm a 20-year resident of Tepeskay Canyon and a member of the Tepeskay Canyon Crisis Committee. Californians voted last year to decriminalize the use and possession of marijuana Once they realize what's at stake in their communities however, they want specific regulations to fulfill the promise of Proposition 64 which is that the safety of the citizens and the environment of this state will be protected.
So how is Santa Barbara County addressing this? Well the optics are really bad folks Because the amortization to prevent possible financial loss of cannabis investors who operate so-called legal nonconforming medical marijuana sites out there in the public. What prompts this giveaway, this amortization? Why should these individuals have up to 18 months to recoup losses by bringing in additional crops?
They had to have known at the outset that they were gambling on being able to remain in business. Does the county subsidize gambling losses? I don't think so. And what about impacts like odor, as mentioned by the folk down in Carpinteria? If a current legal non-conforming operator won't install equipment is he or she allowed to continue to spew odors into the environment for another 18 months while making at the same time a huge profit on that cannabis crop?
And who will ensure that sites not eventually permitted will be cleaned up and any environmental issues will be addressed. Amortization is a bad joke, it's insulting to law-abiding taxpayers do not pass this amendment thank you.
Steve Junak to be followed by Renee O'Neill.
Chair Hartman and board members thanks for accepting public comments today I'm a resident of Sabata Canyon And I'd like to comment on article 10 amendments specifically about the amortization period. And allowing this 18 month amortization period for illegal cannabis growers to comply with the regulations seems excessive during that year and a half our neighborhoods in Sabata Canyon, Tepeskaya Canyon and other areas would be continue to be subjected to the skunk-like odors produced by the plants as they are reaching maturity I hope that the amortization period you are considering will not apply to illegal operations that have no hope of gaining legal non-conforming status.
Otherwise, you are rewarding that illegal activity. The letter to the Board of Supervisors received today from the county's executive office for today's meeting stated that cannabis completes its life cycle within 12 months. In actuality, cannabis plants grown indoors or in hoop houses complete their life cycle in three to five months. It takes plants grown outdoors six to nine months to grow from seed to harvest. Plants that are grown from cuttings rather than seed take even a shorter time to mature.
The majority, nearly 60 percent of those who responded to the registry expect to get two to four harvests per year. Less than 18% of the responders expected to get only a single harvest per year in the future. Growers in our Sabata Canyon neighborhood are expecting to get four harvests per year, and right now the illegal plants they started growing this last summer are already approaching harvest which will be completed in a couple weeks.
Illegal cannabis growers clearly don't need 18 months to recoup their investment when dried marijuana is selling for $1,000-$1,500 per pound and each individual plant can produce up to a pound of product. Eighteen months would allow most cannabis growers to harvest three to five crops, each potentially worth hundreds of thousands of dollars. Please start shutting down the illegal growers in Santa Barbara County sooner than later and please help us protect the quality of life in our rural neighborhoods. Thank you.
Rene O'Neill is the next speaker to be followed by Steve Decker.
6:00 – 6:057 turns
Good afternoon supervisors, first I'd like to thank Supervisor Labanino regarding that he preferred to err on the side of caution. I think that's a very effective and responsible way of looking at this whole thing. I also believe in as a retired schoolteacher one of the techniques that I used in my classroom was you are real strict with the students in the first few days. You hit them hard, you let them know, sorry not physically but let them know they are going in big trouble if they don't follow the rules of the classroom and so after that you can relax the law. So the penalties should be.
Severe for the people who are out of compliance. In the last four days after we decided to develop a petition for our community, in four days we've received over 100 signatures from our community We're also working on expanding that to the surrounding communities including South County. So if I got 100 petitions in four days signatures that absolutely oppose commercial cannabis, want it prohibited in our canyon It's a big statement.
I'd like to know what this county is going to do as happened, I saw in today's Santa Barbara News Press Coho Halama Ranch restoration project which paid $500,000 to the commission's violation remediation account to fix the problems they created in that area. I would like to know what this county is going to do. Are you going to ask for a bond from these people who have already annihilated hundreds of acres in our community just destroyed them?
I want you to require these corrupt actors, don't call them bad they are corrupt. Replace the oak trees, repair the damage to the hillsides and the riparian environments due to their reckless grading practices. Remove their environmentally toxic waste potting soil chemicals pesticides rodenticides well drilling slurry human waste trash.
And that is your time.
And abandoned the unpermitted wells.
Thanks.
Steve Decker followed by John Defrio.
Madam Chair, members of the board and staff thank you. I have been a 20-year caregiver to cannabis medical cannabis users and wishing very much wanting to continue in that role. Medical cannabis is very very important it is growing in its efficaciousness and dealing with medical issues more and more every year we discover things that can benefit people with I support option one to allow for temporary authorization.
We are in a process of transitioning and some people are not going to want it to happen at all, some people are upset that it's gonna take too long but it's the only way that we can get to a point where you could regulate this properly and identify the good players, and have the issues that the environmental impact report raises dealt with. And at the same time if someone is willing to swear in an affidavit subject to penalties of perjury that they're legally non-compliant and move forward with the process invest money and time and so forth and it turns out that they're not or that their properties cannot qualify for land use permits so be it there's the penalty And they lose out. So I encourage you to move forward not backwards by adopting option one.
And in my case proving that I've been doing this in my location since 2001 consists of the first letter use letter I have dated at 2009. I have current letters for this past year but not any other than that one prior to 2016 when the ordinance article 10 came into effect. So glad to give the county whatever proof I have and need and so forth that I am a legitimate operator in that regard. Medical cannabis, I'd be glad to cooperate in that regard but let's move forward.
John DeFriel to be followed by William Hape
6:05 – 6:1516 turns
Good afternoon Chair Hartman and board members. I'd like to thank everyone for all their hard work and the staff, I feel like as a community has come a really long ways in this discussion and staff definitely seems like they're becoming experts on the subject matter so I've enjoyed watching all of their speeches. So just to be clear I'm in support of option one for the temporary licensing and option two for the coastal zones But I just like to reflect a little bit on how we all got here.
You know, Article 10 references Prop 215 SB 420 which mandates that cultivators have direct relationships with the dispensaries and the patients that they cultivate for As you consider that, you need to consider how the supply chain has worked and it's been cultivators. And cultivators have historically been their own nurseries and their own distributors in order to get the product to the dispensaries where it is then distributed to the patients.
The cultivators have also been processors for themselves as well as their neighbor farmers. So in considering what license types you would give temporary licensure to, I would encourage not only cultivation but distribution nursery and processing as well because we need to consider the supply chain here with the way the new rules are coming out even if we get just temporary cultivation licenses.
We're required to sell through a distributor who is the point of collecting taxation as well as the point of getting all the product tested. So you have to have distribution to ensure that product can go from cultivation, to testing, to sales anywhere in the state whether it's in Santa Barbara County or not so without considering the entire supply chain even just giving a temporary licensure to cultivation It won't facilitate sales. So you have to consider the whole supply chain in thinking about this as well as all businesses consider, we always focus on cash flow. We have many employees with myself and our colleagues in the business council. We represent hundreds of employees who have health benefits. We have leases on ranches that many landowners in the county rely on.
So just consider cash flow and the industry. Thank you very much.
Good afternoon. My name is Vilja Hape, and I have been farming in Carpentaria for almost 30 years. Just two short items I'd like to address. I'd like you to adopt option one and I'd like to urge you to adopt option two for farmers in the coastal zone. And just to remember to decide soon since the state applications for cultivators are due in December. The other item is odor control.
I know it is important for you to hold farmers responsible, and I live right there on a farm. My tenants have superior odor control in place. They take odor control serious. I know because I live right there. I'm a farmer who lives there where they grow cannabis. Thank you.
Kyle Wolf to be followed by Eric Edwards.
Hello my name is Kyle Wolf. Supervisors thank you for your time, Madam Chair. Thank you for your time. Supervisor Labanino I believe that looking into everybody as detailed as you can would be the smartest option because It's, this is so highly collaborative. It's between the individual and the county in law enforcement and fire and everything everybody has to be so compliant. It's very very expensive and it's very very complicated you know.
It's going to be legal in the state, so it's gonna be everywhere. You guys might as well tax it and profit from it because this county is broke. So you can't do anything without money. And so without a temporary license how can any of us Eric Edwards is our next speaker to be followed by Paul Kowalski.
Good afternoon Madam Chair, supervisors. My name is Eric Edwards and I work with a handful of cultivators in Carpinteria who are eager to come into compliance as soon as possible and with that I urge option one for the temporary licenses and with respect to the coastal zone I would urge the board to adopt option two. Thank you.
Paul Kowalski followed by Thomas Martin
Good afternoon, madam chair supervisors and staff. My name is Paul Kowalski and as many others have said this is a process of transitioning the Transitions been going on since nineteen ninety six and it's time that we take action so that we can identify the impacts mitigate any of these. Impacts that are negative I would recommend that you adopt option one which is the affidavit in registry and for Letting the.
Communicating the state that the operators are in compliance, thank you.
Thomas Martin to be followed by Sophia Van Vingerden.
Madam Chair and Board, thank you for getting us this far. It's been quite the journey. I'm here to urge the board to adopt option one today with regard to temp licensing and then option two regarding the coastal zone. The reason I urge those two options is because it does two things. It supports the good actors and it gives them a really smooth transition into the new laws which are very rigorous like we've talked about today. And then number two, maybe to the contrary of some of the people with negatives is that by giving a smooth transition to the good actors it really will start to weed out all of the bad actors and it sounds like from most of the complaints that that is the goal of those people with negative statements today.
Thank you. Hello
Board
of
Supervisors and staff. As a third generation grower in the Carp Valley I urge you to act today in favor of option one for temporary licensing. We are very interested in working with our community and staying in compliance with requirements I believe this temporary license is a good way to keep us all on track as we move forward. For the permanent license, I urge you strongly to support option two, permanent licensing for those growers existing in the coastal zone.
Growing plants is our livelihood and we are located in an ideal geographic location for doing so. We also have the most efficient and eco-friendly infrastructure for growing. We take our commitment to being good stewards of this plant seriously. Thank you.
Robert Fedor followed by John Stashenko
Madam Chair, Board thanks again for all your hard work really appreciate it I had two comments one about today urging the board to adopt option 1 my other thought was about legal non-conforming again I feel like I'm legally not conforming I'm a member Trade Association I feel others are as well and. I think what I've been advised by my lawyers is that you know if we're held accountable to the old patient caregiver model then no but supposedly California has a collective model and if that's the case then absolutely- everybody's got their own individual situation. I was vetted last week for temporary license in Los Angeles so I have a legal point of sale like So that's just I've got 20 acres, I've got less than an acre. People are unhappy in Sabata.
I'll move give me a way to move. I actually believe with prices coming down to stay in business you kind of need to own your own farm that's what I believe. I'd love an opportunity to move so I know that's not today please consider that the other thing that was brought up was if you have 20 acres and somebody's house just happens to be within 500 feet of your security fence or God forbid your hoop houses which I do.
When I did permit work in Los Angeles, I can remember a specific case where I did a preschool on a cul-de-sac and it wasn't going to fly and the neighbors on either side of the preschool signed a notarized affidavit saying they didn't have a problem with it so I'm asking you to consider if you're gonna put in that language that your hoop houses no matter what size property that you have is going to be within 500 feet of a primary residence on another neighboring property They signed an affidavit saying it doesn't bother us that maybe that's good enough for you guys as well.
John Stashenko to be followed by Bruce Watkins
6:16 – 6:227 turns
Good afternoon supervisors. Thank you for moving so quickly on these issues that have been really complex and without much guidance from the state it's been difficult to make any solid decisions but a couple thoughts I have is just one of what I've seen from attending these meetings and seeing here today with the opposition and those four moving forward, it seems like what everyone is trying to do is to separate out those Actors who are in compliance and those actors were not in compliance. Every step that we can take to have this process move forward is going to help to sort out the compliant actors from the non-compliant actors It doesn't have to be perfect, it just has to get done.
And we can make it perfect and nitpick it down the road as the state gives us more guidance. But I just want to take the time to urge the board to adopt option one in reference to temporary licensing. And when it goes to permanent licensing for those in the coastal zone, I urge you to adopt option two as well I think that it is a very important action to take to allow operators to continue being compliant and separating themselves from the bad actors.
One other note that I would like to make is You know, I've been in Carpinteria and I have experienced odors and I've experienced farms that have zero odor and have incredible odor mitigation. And those folks who are going to sign up and who are going to sign an affidavit and hold themselves liable for perjury are the ones who have invested the time and money into odor control Something else to think about is just those nursery operators also in the ordinance don't have odor. So thank you very much for your time.
Bruce Watkins to be followed by Mr. Siegfried
Hi, thank you for your time today. I'm Bruce Watkins. I'd like to start by just voicing my support for option one and option two in the coastal zone. It seems to me that although you could have a little bit of a blend there even on option one and an option two and I mean it in this context From the registry you see that there's dozens, possibly hundreds of folks that want to expand operations come in apply for new licenses and I've done licensing in a lot of states now. And usually the way it works you know notwithstanding the focus of our conversation today usually the way it works is you apply for a license, you get your license and then you open your operation And so it's conceivable that a lot of folks will want to put in license applications with the state of California in January, not for things that they've been doing but for things that they'd like to do future on.
And so that's why I say kind of consider a blend with option two in it. One of the things we're not talking about but I think anybody in Sacramento will tell you and most of us inside here The state of California is going to get 10,000 plus applications in January for dispensaries and cultivations and on and on and on. Even the little states I've worked in like Maryland they get like 2,000 plus there's not an army of people sitting there to review these things so the likelihood that people are going to file applications in this in January And the county's going to get a letter from somebody 2 or 3 weeks later is possibly slim. I'm speculating but it might be June July August before you get a letter from the state saying hey are these guys OK and then hopefully something will exist in Santa Barbara so just want to point that out, you know just kind of keep things in context thank you.
Mister Siegfried people by Aaron Weber
Good afternoon Supervisors and everybody here. I'm a 37 year resident in Tapiskay and I would urge you to support option one and that's about it, thank you.
Aaron Weber followed by Luis Gonzalez
Good afternoon, Chair Hartman and supervisors. I'd like to just start by clarifying the difference between the process with temporary and permanent licensing. So as staff stated if the board takes no action today for temporary licensing existing cultivators will be precluded from being able to apply for temporary licensing so it really is different than the permanent process in which it's optional for you to attach any sort of authorization from your local government So there's several reasons that it's important for us to be able to move forward with temporary licensing. I would say most of the industry and our clients are more interested in permanent licensing, but we can't move forward with securing a permanent license until we have The county's ordinance completed and those permits have been issued so this is really a vital sort of interim step for compliance for the industry.
Also it's important because those who do not secure a temporary permit will be considered black market so just would encourage you guys to take action today as opposed to delaying any sort of action on this issue We are committed to being first in line for these applications and we're concerned about the time it will take the industry to come forward, submit the applications to the staff and then for staff to review the materials and return the documentation back to the industry. And then of course submit that to the state. The last thing I would comment on is the content of the local authorization letter For the temporary state license we have had conversations with CDFA, the Cal Cannabis Division.
They continuously express their commitment to being flexible and deferring to the local jurisdiction however it really is important that specifically the letters state that existing cultivators are approved for commercial activity under Article 10 so there is some nuances to the language there but thank you for your action on this important issue today
6:22 – 6:2712 turns
Luis Gonzalez to be followed by Helios J. Spring.
Good afternoon, my name is Luis Gonzalez I'm a local businessman, I am a local homeowner as well as a partner in multiple ranches in the Tempesque Mountains. I started cultivating cannabis with House of Holistics nearly 10 years ago But I have been operating the Tempescade Mountains for the past six years. Over the last six years from originally starting on one property, we now operate on over seven properties in the Tempescade Mountains.
This expansion is due to the fact that we are hardworking, honest beneficial members to our community. This is why our opportunities and operations have been able to continue flourishing. We have learned and refined our techniques over the years growing in this specific region and in these specific mountain ranges where no other farmer would venture into these rough, unusable terrain.
We have managed to work with the land in these adverse conditions and have created a flourishing work environment as well as a safe, secure place to produce our product. Over the last six years I am proud to say our operations have run smoothly with no negative contacts with no county officials law enforcement or have had any detriment to our environment We've registered our pre-existing cultivation sites and are looking forward to being licensed and being a positive attribute to our county. Thank you very much.
Elios Jayspring to be followed by Brian Adams
How's it going everybody? My name is Helios Dayspring. I'm the owner and operator of House of Holistics. I've been cultivating in Tebascape Mountains for nearly 12 years. Tebascape Mountains have been the center of the production for my business, my entire career in the cannabis industry. I have gotten to know these mountains microclimates every month of the year and have spent the time to learn everything beneficial and detrimental about every mountain peak and valley that my lands encompass.
Over 12 years I've invested into these mountains starting with one ranch and currently owning eight. My team and I have created a recipe for success in operating in these conditions, I have handpicked every ranch to meet the parameters of no neighbors being able to see it, smell it or hear it. Most of these ranches are extremely remote and only share borders with national forests My company has just acquired the very first dispensary permit in Slough County. We will be opening in Grover Beach within three months. By state law, the cannabis that is retailed must come from a locally registered or state licensed property.
It is a scary thought that all my investment and work building these thriving businesses could be in vain if my area is zoned out or I'm not able to obtain a permit in a timely fashion. These properties and my ability to cultivate on them have given me a competitive advantage in the market. If my ability is stripped to operate how I have been for years, it puts my business model in jeopardy.
My company beat out many large competitors trying to bully their way into our local market. It is only because of our long-standing great reputation for investing locally, hiring locally and paying into our local economy why we were able to beat all 12 of these rivals. Please do not stifle our opportunity to expand and grow our local identity. We need to be licensed
Supervisor Lavanino has a question.
Mr. Dayspring I would just recommend that if you're going to continue in that area and you think you have a stellar track record, you might want to talk to your neighbors because if you're going to be there for awhile and you're gonna go through our process then you're gonna need to have to build a relationship with those people around you You've personally caused me a lot of heartache and headache along the way. So I'm looking for people that are going to follow all the rules and go through the process the right way, so...
I would love for anyone who's interested to come up to Tapas Gate. I've been up there. You've never been up to my property?
Believe
me, I've seen
your property.
Well, as you know, you can't see it from Renee's house and most of my properties actually are all down one driveway. And I'm surrounded by thousands and thousands of acres with no neighbors, nobody to complain, nobody to hear it, smell it or see it. So- I would just encourage you. One of our eight properties is next to Renee. Sorry for that but that's the way the cookie crumbled on that.
And our next speaker Mr. Allen. Mr. Allen I would ask people to be quiet and we'll get on with our public testimony thank you very much.
6:27 – 6:3511 turns
Chair and the board, I'd like to think that we're all professional here. And I think that we you know in general bring up that image and I'm here to support licensing and option one it's not perfect but it's also temporary and it's also legal. You know what we're asking you guys for is a path to move forward on things. We understand it's not perfect the state law isn't perfect and we're starting something new But the people in this room for the most part have all been involved in this process. You've seen us all here every month, every meeting and we're trying to move forward with things. We're good actors, responsible, professional and looking for a legal option To operate in the black market simply because we won't take action, I don't think it's responsible for anyone.
And if this is going to move forward as it is moving forward, delaying it so that our state licenses aren't legal and delaying it so that we can't do business, I don't think it's fair to anyone. I don' think it benefits the county. I don't think it benefits the members because you're pushing people to continue to do illegal things instead of giving them a path to act legally.
In the ad hoc priorities, there was talk about tax revenue and bringing things out of the black market. A licensed path accomplishes both. We're looking for a responsible way not necessarily just to punish and restrict people, not to put them in jail and not to create a black market but to allow people to continue a responsible business I'd like to appeal to the opportunity that Supervisor Adam might have had when he had his first farm or that each of you might have gotten on a professional or political basis. Someone, somewhere gave you a chance to be responsible. We're asking for the same thing.
Mike Palmer and then Christian Van Vingerden.
Madam Chair, members of the board. I appreciate the time and all the hard work. I just wanted to give you guys an update. Well first it seems clear what options are best for the industry to help us survive and the actual good responsible operators to be able to survive to be good taxpaying employers in the future but an update on odor control as you know I'm a member of the Cannabis Business Council of Santa Barbara And recently we've helped six, almost seven of the cultivators in town install the latest odor control systems in town.
Which has been a huge improvement and I've personally helped go install all these systems and it's a completely organic all-natural product that That completely, well it neutralizes all the odor that it comes in contact with. So as of now if you drive through the sensitive areas of Carpinteria they're considerably considerably much better at this point. Not all the operators have them yet and there are still some other people that need to get them but a lot of people have them on order and it just takes a long time.
A big process and a big expense but we want to be good neighbors. We want to work the community, we want to do what's right and we support odor control with the new ordinance. Thank you guys.
Kristen Van Wingerden And then Liz Rogan who is our final speaker
Good afternoon Chair Hartman, Board of Supervisors and staff. As a family owned and operated grower in Carpinteria Valley my husband and I encourage the board of supervisors to act today to adopt option one for temporary licensing it's very important to keep this industry timeline in mind we want to keep the momentum going and in order to be compliant with the state laws this temporary permit will allow us to be considered compliant by state and not forced into the black market We want a clear compliance pathway with temporary permit until the county finalizes its ordinance. Please do not delay action on this item.
I also want to encourage you to support option number two for the coastal zone in which the county would communicate to the state that the cultivator and operators within the coastal zone are in compliance with local requirements. Keeping our greenhouses viable in Carpinteria is essential to our livelihood and will allow us to continue to be active members in this community.
Please provide us with a pathway to come into compliance at the same time as the rest of the industry. Thank you for your hard work and time.
Liz Rogan, Liz is our final speaker.
Good afternoon Chair Partman and Board of Supervisors. Thank you again for your time and also to the staff thank you I know you've all been working really hard on this and I'm glad to be the last one today so I wanted to urge you to adopt option 1 today which requires the operator to sign an affidavit attending to their compliance with the county's legal nonconforming ordinance Essentially someone is willing to sign something in order to not perjure themselves on this or they could possibly perjure themselves. So I think that's something that's pretty important to realize.
It's also really important that you approve this process in a timely manner as the industry, as you can see these are family farms, they're local residents we all want a chance to thrive and bring money to the community And we the industry is committed to coming into compliance as soon as possible. As you can see by all the people have spoken today but we do need the clarity and a path forward. I understand there's a lot of contention about odors but as Mike Palmer said there is also mitigation measures and that is something that should really be looked at because remember alcohol prohibition took, it took a lot of time to change and it was technically medical and then it became recreational so I also think in that it's really important to remember the patients.
The people have been here since 1996 and as they've brought together the medical and recreational aspects, the patient should not be cut off from their supply of medication. If you ban this in Santa Barbara County then patients basically are now cut off from medications so you would be pushing them towards opiates which is obviously a huge problem right now.
So essentially and also I urge you to support option 2 again for the same purpose. We just want to move forward, we want to get answers everybody's up here arguing about smells and stuff like let's just find some reasonable solutions I think zoning provides that and I think you've heard a lot of feedback from our community so I trust that you're going to find some good solutions for us so thank you guys appreciate your time.
That concludes public comment. Mr. Gazzone?
Chair Hartman and Supervisors, I just wanted to get back to a question that Supervisor Lavagnino had had based on public comment about one of the other zones in the county. And although I don't think there's a way to parse out marijuana cultivation from other agricultural cultivation in a mountainous hyphen whether it's Gaviota, Goleta, Toro or a new Tepezcate zone. I think if there was a general prohibition on cultivated crops you could have a zone that did that I think it's a pretty complicated area, but if there was interest in that we could maybe talk offline or talk more with planning on that concept.
So we would be banning agriculture all in
one zone? The current mountainous zones as they address cultivated agriculture Okay.
6:35 – 6:505 turns
I'd like to take a 10 minute break and then come back to Mr. Bosanich and Mr. Kleeman to answer any questions or make any comments related to public comment. you 17 Santa Barbara County Board of Supervisors meeting here this afternoon in the Santa Maria hearing room. We have closed public comment on our agenda item cannabis. We've come back to Mr. Bozanich and Mr. Klayman for comments and clarifications and then we'll come back to the board for deliberations.
So Chair, members of the board I am loath to do any follow-up comments but I thought in a couple cases it might be helpful for your discussion to come. So I'm just going to kind of run down my list of things that I thought might be helpful for you know. You know I think it's important note that the state may or may not accept a letter based on the proposed letter of authorization that we're putting forward to you and option one That will be often going to be really determined a lot by what else is in the regs and whether there's greater specificity required. So I just want for your board, for you as board members and policy setters and for the public to be aware of that. And Mr.
Bosanich is there a date certain when we will know or do we just have to try it?
In terms of when the level of specificity of what the regs will identify as components of that letter of authorization, there's a lot of rumors that it is today or this week in terms of those regs. Again we would be relying on an affidavit for them to state that they are compliant to our article 10 exemption and we don't know whether or not that will pass. So I just want us to be kind of eyes wide open on that, I hope that helps the board in their discussion.
Second kind of follow-up item was there may also be, we talked about a gap in transition period between the adoption of our local ordinances and the 30 day clock for any ordinance to become effective and operational. And also then the Coastal Commission. There may be another little gap or transition period that just so we're all again aware For hoop based cultivation there may be a gap for that period because your board at this time hasn't considered kind of final regulations around hoop structures and that is expected sometime in early summer let's just say and so there may be a gap period between March and that the hearing of the board on hoop structures that would create a gap period even in the inland area. So I just wanted to make mention of that.
And then we did talk briefly about the December 14th meeting, Supervisor Lavanino brought that up and I just wanted to run down items that are kind of our tick list at this point For that December 14th meeting for your benefit as well as for the public. So you'll recall back in September, you gave us some conceptual licensing options and the intent is to bring those back and for a fuller discussion about licensing and permitting options amongst the board members based on that initial conversation that was had in the middle of September As Supervisor Wolf inquired about the economic analysis and tax estimates, that would be a part of that. We did receive the final report from HDL. We're reviewing that for final acceptance and that would be part of the agenda packet for the December 14th meeting.
The enforcement staffing, another item for the December 14th meeting would be enforcement staffing against unregistered operators so what we would imagine might be needed to if the board chose to create a licensing and permitting structure in the county. What would be some additional enforcement staffing that might be necessary against unregistered operators?
And similarly some staffing for any license application and compliance check system that your board may consider and approve what those staffing requirements might look like. And a key thing on those, I would note that the enforcement staffing gets unregistered. Would perhaps be a funding source coming from taxes that the voters would have to consider and approve. Whereas the application and compliance staffing if your board adopted ordinances supporting licensing and permitting could come from fee revenue based on existing fee structures in our various departments.
is to follow up on this discussion that we are having today based on the direction you're about to hopefully give us. So with that I'll ask Mr. Klaman if he has any
thoughts. Supervisor Chair Harmon, I just want to add two more things to Mr. Buzan's list. And that is one thing on this idea of revenue just so everyone's clear. The county cannot impose any new taxes until the voters approve a ballot measure, so we would not be getting any new tax revenue from a temporary license. So I want to make that clear. The second thing is another option that's not before you because we did talk about it last time in October was a process for determining legal nonconforming. We provided a path So that the good operators out there who are legally operating under our existing ordinance could have a way to get a determination from the county. I believe your board and public comment thought that was too onerous, I spoke again to Ms.
Black. That's still an option for your board if you'd like to still consider it we can bring that back. I just want to put that out there.
6:50 – 7:066 turns
Supervisor Adam.
First of all, there is nobody going to jail for perjury. On this thing. That that is a weak, weak you know just because somebody signed something under penalty of perjury if it turns out not to be true they're not going to jail so there's nothing solid in that. The industry is not going to get shut down between now and March. It's not gonna happen nobody's gonna get shut down Nobody in Tepeskaya is going to get shut down, nobody in Carpinteria is going to get shut down. It's not going to happen.
In fact it's probably a lot longer than that. When the ball stops bouncing and we can tell who can be legal then maybe we'll start enforcing something. But I just don't see any kind of enforcement actions. You know the whole idea that this has got uncertainty in it is nuts and thank the state for designing something that is unintelligible You know, how the hell are we supposed to make a fish or a fowl out of this thing? It's nuts.
They're not even done drafting the rules. We don't even know what we're responding to and you know I just feel like – I don't know how you guys feel but I just feel like I'm getting railroaded here. You know, maybe they've scared the crap out of the industry and you know they're putting a lot of pressure on all of us to try to make something in this temporary stuff. That's nuts! It's temporary because they haven't got their stuff in one sack. I mean how did that become our problem?
The whole thing drives me absolutely nuts and you know this has been the biggest botched process that I have certainly seen. And you know I haven't been in this business that long but I find it difficult to imagine something worse. And you know, you guys that are producing out there are playing with fire to some degree or another. You know, you guys know that this is sort of a quasi-legal and metamorphosizing time so Don't don't don't come in here and tell us to fix it all for you because we don't have a magic wand here.
And all we're going to do, all we're likely to do in my opinion is make things worse. You know we'll start digging when we should have zagged and then it will have a different problem. I really I didn't like one of the public comments that basically threatened us that if we didn't do this then everybody is just going to go to the black market. Okay well if that's what you want to do, go ahead.
You know then at some point these things, the balls are all going to stop bouncing and the ropes are going to come tight. And then we will know who is supposed to be here and who's not, and then we'll start taking away at the places that have a problem. But you know don't tell me that we will just all go to black market because that dog is not going to hunt either.
I just got a bunch of disjointed ideas here. So anyway, I'm not going to do anything today on option one. I can't support either of these things. I think we just have to wait until the state comes up with some real rules that we can respond to and I'd rather do something slow and good than fast and wrong. And I'm not going to get bullied into doing something rash. The amortization portion I can support. I think there is a concept there that's got some value and we need to start drafting some ordinance to that effect and so I would support a motion to adopt staff recommendation C.
Supervisor Lavanino?
Thank you Madam Chair well for me it comes down to I think Supervisor Adam was correct in saying that talking about the enforcement side of things. So so the way I look at it is we have two choices today, we can go business as usual which is everybody's pretty much just doing what they're doing or we can start down the road normalization. I'm all about And I don't know if this has come across or not in the past hearings, but my number one goal on this is to bring about the enforcement of well, I guess Ms. O'Neill called them corrupt actors and I want to remove those people.
And I also want to support the industry that wants to do it right. Now how do we do that? Well, that's very difficult to do. But there is this transition period and you know I wasn't around when alcohol was legalized believe it or not but I can imagine it was just as difficult Because really you're behind something. You know right now like we have this ban and we're attempting to ban something that's actually going to be legal January 1st so we absolutely have to transition.
You're right the process is terrible. I think any time that you're a partner with state in anything you know Yeah let's hope our other projects work better. But at some point it is necessary to begin moving forward, I would support option one as far as the amortization you know I'm not sure we got the message out to people of the legality of why we need to have an amortization period but I understand that people in the coastal zone and the good news is I'm hearing I guess through the grapevine is that maybe it's not going to be 18 months with the Coastal Commission that could be considerably less than that.
So but I would support option two in the coastal zone just to give us that wiggle room and that's where I'm at.
Supervisor Williams.
Well, I'm going to start on the permanent licensing question which is what to do. How to respond at state? If they have requests for a. Permanent or yearly license in January or February. What we should be doing while the ordinance is passed but not effective in the coastal zone. And the reason why I'm starting with that, because that is what's most important for the First District, particularly Carpinteria.
Because this is really our only hope of getting effective odor control in the near term instead of waiting for the Coastal Commission to approve our ordinance. So if we don't get option two, then there's no hope in sight. And so option two is extremely important because if we can Respond with a letter to the state's question of whether they are permitted or not by saying, we've done a land use consultation with this party. There's no enforcement actions against them and they comply with the provisions of the draft ordinance.
I would love for it to actually end up in our materials because it starts eroding the public's confidence that that is actually going to happen. Thank you. My biggest issue is we need option two for permanent licensing in the coastal zone, which makes sure that we have a process where our staff are actually on site verifying what claims are being made. And to give growers an incentive to buy odor control now instead of waiting till some midway through next year.
I how to respond to folks before the effective before it before the the ordinance is passed. I'm not really sure. I am not sure that that is actually going to be an issue because I think it's a as one speaker mentioned, it's really kind of up. The 60 days is from when they ask us Meaning the application goes to the state first and then the state asks us. Even though technically you could apply for a state license on January 1st, it's pretty hard for me to see that them actually turning those all around to us in January. And it's only a problem if they do that in January. If they wait till February and they ask us or March, then we can respond within the 60 day window.
Because I don't want to stay silent when silence is implied consent for any grower, even ones we haven't checked out. Like my colleagues, this whole temporary licensing thing drives me crazy. I think it's always too easy to bash the state but unlike SGMA, this is not their finest conclusion. This is not in the law and they did it after the legislative session so we would have no way to go back to the legislature and fix it Like if this had happened a month or two beforehand, we could have ran it, ran a bill to fix it through the legislature.
But we can't and their intent was very well, you know I asked them, I talked to the staff that they wanted an incentive for everybody to come into the light right? Well we already got that handled here so it really didn't help because it's provided nothing but a distraction From, to me what's the real goal is figuring out our permanent ordinance and what requirements we should have in doing it well.
However, if you believe that the county does not have the enforcement capability to close all 250 or more operations down in the first three months of next year which I do believe then we might as well do the option one under temporary permitting because otherwise we're really being disingenuous with the public. We're saying we're going to terminate operations for three months.
The only ones that would terminate operations for three months are going to be the ones that are so concerned about adhering to the law, that they're probably not the ones we want to shut down for three months right? The ones we really want to shut down are not going to comply with it right? However, just an affidavit is too loosey-goosey for me. You know, there are many growers that I would trust their affidavit. I got to say there's plenty that I would not.
And so I do like Mr. Lavagnino's idea of having there be some accountability if you're bringing this back to us whether that accountability is they don't get a permit from us for a year or whether we when I asked the state staff If we give consent, can we revoke consent? Their answer was absolutely. So maybe the remedy would be simply to revoke consent if they're found to be lying to us in their statement.
But in my mind, there should be some form of accountability whether that is the back-of-the-line or whether that's the revoking of our consent. The other thing is, you know we should ask everyone who wants a temporary license. Do you have voter control? That at least and if so what kind that would at least help us informationally Because in my area, I'm so desperate for odor control. I'd be willing to knock door-to-door at these addresses to beg them because our community needs odor control and if you ask that question, you would at least make my job of finding the ones who don't have odor control easier.
That being said, From what I understand, and you could verify it. We don't need it for nurseries or other entities that don't produce odor. It's just the grow operations. And we should require proof of owner consent. For those of you that want more enforcement then that makes the temporary licensing a way to start weeding out some folks. Because not everybody that's doing this has owner consent.
They should, that's required by the law but I'm sure some of them don't so I think we should at least start with that and then at least it serves some purpose besides being a useless exercise that the state has made us do.
7:06 – 7:2028 turns
Supervisor Wolk?
Well I'm really puzzled because we've been told that there are no regulations in place right now. Not sure, I think what you said Mr. Buzanich is we're not sure if the state will even accept a letter. I'm not sure that was it maybe I misheard you on that? Yes could you just answer that?
So just to clarify my comment there, given the absence of the regulations and the specific information that would be required in a letter of authorization. That would be perhaps one fail point for the state with us until we have that. We don't know whether we can provide that information accurately or not. The other part of that really has to do with the fact that we would be basing this on an affidavit from an individual self-certifying that they meet the terms of our exemption for the operations, cultivation operations prior to January 19th of 2016 that were compliant with the state laws at the time.
And whether or not that affidavit statement would be sufficient as our relying on that to for our letter of authorization is unclear to us until there's either clarity in the rags. Or we test it and see if it passes muster
OK
just so you know I asked the same question of them and their response was them being the state regulators and they're their response was Well it's not finished but what we want is something more than a property tax bill. They're expecting to get like all sorts of loosey-goosey stuff from people like passing trying to pass off as County authorization they want something from on county letterhead from the county not some you know property tax bill. And and you know so it may not be that
complicated. So a self-certification wouldn't work anyway? Okay.
Well, no. Our process that's being outlined by staff very much could because what they want is something from the county that actually deals with that property and that location and that use not just a property tax bill.
If I could. I believe that the state of California is issuing these temporary licenses because there's many local jurisdictions who have already permitted or have provided licenses to dispensaries. And so for those Dispensaries or cultivators, they can then take their permit or their license and go to the state and say I have this permit or license. Will you please give me the state permit? And so that was a pathway for those operators to move forward.
Then, now all of a sudden you know two weeks ago or whenever it was we heard about this letter of authorization which was kind of came out of thin air for me I never knew that was even a possibility. That if a municipality wrote a letter of authorization then they could take it and get a temporary license. The fact of the matter is we know what a permit is, we know what a license is. We do not know what the letter of authorization is that's the fact so why would we as a board move forward and say yes were going to go with option one? I think the reason we would do that is to give, you know we've heard from a lot of folks from industry that this is they want to continue operating.
They need the license to help them move forward and this is a way for them to come into compliance I get that. That's really good for them to have, but it's not good for the county and it's not the right process that we follow. The right process was the process that I think came out of ad hoc which was to formulate a plan to deal with these legal nonconforming uses so that's when we went through the whole process of going to the planning commission. The planning commission comes back to us That's what happened at that meeting. So that all of those potential legal nonconforming use folks would go through the process and frankly what I am getting this feeling is is that that process was too onerous it was perhaps going to take them too long, it was going to cost too much money and so hence during the hearing the idea of a letter came about and you know I find that a little insulting.
That we have got we I didn't even really like the whole idea of going through the legal nonconforming piece but we did and we spent a lot of time and then all of a sudden the rules of the games changed so now we're stuck with this letter that no one knows what's supposed to be in it. So how in the world are we as a governing body Thank you. I don't believe that within Article 10, that we can provide a letter or for that matter, a permit or a license.
That would give a medical marijuana grower any kind of entitlement. We passed that ordinance, that's what it says and so letter or not, I don' think we have the ability to do it based on our current ordinance. Then on top of all that it says from what we hear and I too have looked, I haven't talked to anyone at the state. I guess I don't know the right people but if you just go on the website and we've had this discussion with staff is that it has to be a commercial medical marijuana cultivation. We as a county is what I've heard and maybe Mona you can confirm this We don't know if what we have currently permitted for the medical marijuana is in fact commercial.
What we do know is that they have to be nonprofit, they shouldn't really be receiving any Any financial benefit, they are a non-profit. Okay so that's another reason. A final reason is we don't have any kind of tax plan in place or as Mona said we don't have any fee structure in place. So someone theoretically can apply for this letter and there is going to be a lot of staff time, a lot of research And then we're not charging any fee for this process.
It is folly for this board to move forward with that option at the very least, at the very least. We need to wait till December 14th and look at all of these items first of all like we can't go forward with option one in my opinion because we don't even know what we're doing so I think that We table the whole idea of a letter. We continue to move forward and try and get our ordinances in place, that's what everyone has been wanting to do. They want us to get it done and what I feel like we're doing is we're taking this little off ramp that's going to take us a lot of time and staff time when we should be focusing on our main mission which is to get our ordinance in place. I mean we haven't even talked about the financial piece.
We're way behind schedule so let's stick to our plan, let's not diverge. I don't think we can do it because of our ordinance and again I just think it is the wrong thing for us to be doing. It's bad policy.
Supervisor Lavanino?
Thank you Madam Chair and to that I would just say well maybe in hindsight breaking up the ad hoc subcommittee that I recommended was not a good idea because I think a lot of this was getting done in the ad hoc. And what takes a long time is just the way we schedule this out and now we're not going to have another hearing until December 14th so you know we can't have it both ways or we can't knock these things out and not meet so.
Supervisor Williams?
Well, I mean. It's kind of weird that you're saying, well we should go back to the nonconforming because last hearing you were arguing against the nonconforming process.
I think I admitted that.
I
think I said that I didn't want to do that.
I'll just reiterate the reason why I thought it was ridiculous.
But so you don't need to remind me why I voted the way I voted because I do know that but what I'm saying is if you're going to allow legal nonconforming that is the better way to do it than to just do a letter
Well, I'm just saying the reason why I thought it was not worth the resources was number one. It doesn't address the main issue in at least the South County which is odor control and we needed a process that addresses odor control and option two under the permanent licensing does address odor control or at least so the second reason is because You have at least 250 operations. How many of those will get appealed?
So what we're going to do 100 appeals in a few months when we're passing an ordinance in March, that doesn't seem like a smart process.
Because I don't really think those 250 will be legal nonconforming so I don't think you're going to have 250. And regarding the odor control, Supervisor Williams if you come up with some way… I think the chair called
on me Supervisor Wilson. Can I just finish? I have not been able to finish my statement.
Can I just finish my statement about odor control? Maybe you'll like what I'm going to say. And that is if you can come up with an opportunity for us to do that earlier as opposed to later and fit it in somewhere like as part of what the planning commission rules would have been, that would have been an appropriate place to do it. Put it in at any point, I've never seen odor control other than when we're talking about the ordinance. That's why I want us to move toward the ordinance phase so we can get that in there. Again if you can get it in sooner and you want it somewhere else that's fine with me but none of this a letter or anything like that is going to do that at least not today.
Well, I'll just repeat my point that we can do it by doing it under option two. And and that's what I would advocate for today. You know, and I'll make a motion whenever people are ready
Supervisor Wolf did you have something?
So option two to clarify is not the temporary license.
No under the permitting license. On the third list, the coastal areas only option 2.
Mr. Gazzone.
Chair Hartman and Supervisors as we are talking about where this motion might go I just remind you that we're actually agendized for at 10,000 feet two separate items first an action on the temporary license second an action on the potential amortization piece And as we're talking about another option one and another option two, that's on slide nine by staff which pertains to the annual licenses. And I think on that the board today would be providing some conceptual direction for staff to come back and address but really your agenda is today to take action as to temporary licenses in a potential amortization period as shown on the agenda?
Thank you. Mr. Basanich I had a couple of questions, the first has to do with the commercial issue that Supervisor Wolf raised and it may be that Mr. Gazzone wants to chime in but could you respond to that please?
7:20 – 7:2714 turns
Chair Hartman and Supervisors, it's a good point that Supervisor Wolf raised. I think what we did was the question is how is commercial activity defined? Commercial cannabis activity and again we're waiting for the new regulations to come out so we don't have a clear definition however looking at some draft regulations that the state had done last year which they rescinded as they were developing these new regulations They defined it more in terms of non-personal use rather than commercial meaning for profit. And so that's why, that's why we looked at it thinking that commercial use the state is defining it could be non personal use rather than commercial as in for profit but if the state comes out and says no commercial is for profit then Supervisor Wolf would be correct.
Peters Thank you.
Chair Hartman and supervisors. So this is an area where the board agenda letter at page three as it discusses option one in the affidavit I think there's clarity on that but then it stops as to what additional piece of paper would come from the county so I am concerned about a process that would sound like an entitlement coming from the county without some ability for someone who does not get one to have an appeal of not getting that entitlement so it's almost the flip side I don't know if that's what supervisor wolf is saying but I'm agreeing with that too. So we had talked offline about if you wanted to pursue this affidavit approach and then the county the county's letter simply said here's an affidavit. We have not adjudicated their assertion of nonconforming we have no open enforcement case on them that's not an entitlement.
But it again that suffers from the defector probably not being received and acted out at
Uh, And the state regulations I mean they deal with a, would they deal with odor? I know they deal with setbacks from sensitive receptors. How much is it just we have no idea what's coming today
or tomorrow? Chair Hartman I don't know around this specific issue of odor control but again I would say that what is specific in both the statutes and the regs And draft ranks, prior ranks. But primarily in the statute is the ability for local jurisdictions to apply a variety of conditions on both land use as well as on licensees and that has been at the forefront of even the reason why we're having these discussions. And so even regardless of whether or not there's a specific standard for What kind or anything else it really is that we as local jurisdictions would have the authority to put in place anything we would want to do.
And I just have a did you have a follow on to that?
No, I was just going to make the comment that this is just a speculation fest and call for a question not the question because I'm not gonna make the motion but
I still have a few more questions if you would allow me, indulge me. And this has to do with the letter of authorization. If we did have such a thing with an affidavit then we got a complaint from someone, we went out and saw that we asked for production of records at that point could we revoke consent? Is that
Chair Hartman, the ability to revoke either the temporary or the annual license is given to the local authority by noticing the state that circumstances have changed or new information has come to light. I would also make note of the fact that in the temporary licensing section of the state statute it also takes away any of What we call kind of due process things, there's no appeal rights for the revocation or the denial of a temporary state license.
Thank you that's important one final question is just procedurally is today's decision final or on the 14th can we review it in light of what we've learned about the state regulations?
Director Hartman for today regarding the temporary license we wanted to get your direction so we could bring something back if you wanted us to continue to pursue some kind of authorization. So we would come back at the December special meeting.
Thank you well I just want to put my view out there. I'm supportive of option one, I realize it's cumbersome and awkward and raises a lot of issues but like Supervisor Lavanino I am very eager to get the bad actors out and do all that we can to support the good actors on path towards legalization and give an advantage to our local People who are on our registry and local business. I am very concerned and eager in the future, this is just an aside about Cemeda Canyon, about Tepeskaya and about Ag One in the Santa Ynez Valley residential areas and figuring out how to address issues there so with that Supervisor Atom and then Supervisor Wolf
I'm just wondering Mr. Gazzone are you comfortable advising us that we can revoke approval Even if we just changed our mind. Because you know so something didn't happen with a producer that is a violation or something like that it's just that we change the rules post facto and decided that they did that day. We didn't have any we didn't have any rules when we quote approved unquote of their activity and then when we When we create the rules, thank you, it puts them in some kind of a different column and so they are no longer appropriate.
Can you defend that? Chair Hartman and Supervisors I think I've heard a couple different things in the past couple minutes. One was some conceptual direction to staff to return on the 14th and take some action on how the county wants to treat A potential response to temporary licenses. That's one thing where the action today would not be a final action, it would be conceptual direction to staff return on the 14th. As to Supervisor Adams' specific question about even as to a temporary license undoing this letter from the county I do have concerns for a couple reasons. I was going to hold up two fingers but I might need more than that.
If the county was to go down the road of saying, here's an affidavit. We have not adjudicated the assertion of non-conforming rights. We don't have an open enforcement. That's not an entitlement. The county could change its mind on that. If the county however was to have a more positive statement that this person is illegal non-conforming or to deny that then you should have due process for someone to appeal that and if you're going to take it back you would need a due process path to do so.
7:27 – 7:3430 turns
Would we have to have the appeals process thought out in advance or can we patch that?
Chair Hartman and Supervisors. Trying to state the bare minimums for an appeal process is difficult. My recommendation would be to not try and engineer it after the fact, but to actually know what the rules were going into it so that there's no appearance that the appeal process is being tailored to a particular complaint. But to actually have the process laid out as part of the action
So option one then if we go down that path without having an appeals procedure laid out in advance, that would be
good. Chair and Supervisor my concern on option one you know I have a concern if what the county is doing sounds like an entitlement and I don't have that concern of what the county's doing is saying we received an assertion we did not adjudicate as to legal nonconforming we don't have it open enforcement case those are simply facts. I don'y have that same concern I do have the concern that it might not be accepted by the state.
Okay so but which one are we going to make a motion to do here?
Well were giving conceptual direction but I think we go with what Mr. Gazzone has recommended, that would be my strong and I see heads nodding.
What is Mr. Gazzaniga, who's
making a motion? He's not, Doss will make the motion but did you want to repeat what?
Again today I think the board is providing conceptual direction to return on the 14th at least as to the first piece of the agenda is action concerning temporary state licenses and I think there's a fork in the road as to the strength of what this county piece of paper is doing. Is it Potentially just a letter that says the county has received the attached affidavit asserting legal nonconforming. We have not adjudicated that claim we don't have an open enforcement case on them period or is it more than that and actually saying this person is entitled as they state? And if there's an entitlement flavor to it, that's one where I'd recommend having an appeal process so that someone who feels that they were wronged has a-we know what the path is ahead of time.
So are you asking that part of the motion include one of your prongs?
I just for clarity as to which way you're going with
it.
CEO Miyasato.
Chair Hartman and supervisors, I guess I just want to make sure that's cogent with what Supervisor Williams asked for earlier which was in whatever letter we provide if it's as Mr. Gazzone stated to ask if there is odor control on what that is and if there's proof of owner consent?
I'm just suggesting that as a precondition for us doing that affidavit. That we require proof of owner consent otherwise we shouldn't be given that out at all because that's a basic question of adhering to the state law
and wouldn't that be something that the affidavit would attest to that they either own it or have owner consent I mean wouldn't those be some of the things we
don't know what you asked for from the owner not from The grower right?
Chair Hartman and Supervisors again the problem in this area is if it's simply an assertion of legal non-conforming status you know by the operator I know what that means. When we, if we ask for voluntary information on top of that and this is involuntary I do or do not have an odor control system I do or do not have owner consent voluntary I know what that means also And if the county is not adjudicating this assertion of legal non-conforming rights, I don't see a problem with that. I do see a problem if we are trying to add requirements to this assertion of legal non-conforming status without having a legal framework to look at that.
That's helpful.
OK, Mr. Supervisor Williams.
Sure. So I'll make the motion on the temporary license thing to go with option one with the additional questions of owner consent and odor control. And and maybe I'll just parse it out in three different things because there's some things that people might want to vote for and not vote for
Wait a second, just a second. I thought I heard Mr. Gazzone exact opposite of what you just said. So I thought he said you couldn't put that in without a legal framework.
So Chair Hartman and Supervisors, maybe I can help with this? Okay. And again you've got your agendized for two separate actions today and I think what we're talking about is letter of authorization. We would envision or just on the temporary license the top half of the page in the agenda and I think what Supervisor Williams is saying is that he's moving conceptual direction to staff to return on the 14th for Action that would pursuant to page 3 of the board agenda letter, option 1 receive a sworn affidavit request voluntary information as to odor control. Request voluntary information as to owner consent and then have staff return on the 14th for what attachment the county would attach to that.
And could I add something to your list and that is security?
Sure. I think that's good. That's a good just ask them for
fencing how they how they protect their crops.
So yeah again this is getting down the road less you know the more voluntary I know what that means and if it's if it questions you know Please answer these questions. But again, less is more and if the county's attachment says we have not adjudicated the claim of non-conforming status then you know it's useful information but it's not part of your letter that's going out from the county.
Just to confirm this letter that is not an adjudicated letter which you say the state mayor may not accept anyway. I think that's just be a useless action.
I don't know that the state would accept
it. Thank you
7:34 – 7:3925 turns
so we have a motion does and do we have a second?
I'll second that
And do we need the motion repeated or do we all understand what it says? It's
option one with the other questions that were going to put on the request.
And again this is all conceptual direction, return to staff and return to the board on the
14th. So we have a motion in a second Mr. Allen would you call the vote?
Mr. Williams, aye. Ms. Wolfe, no. Mr. Adam, no. Mr Lavagnino, aye. Ms Hartman, aye Passes 3-2
And then I would make a motion that we give conceptual approval in the annual non-temporary licenses to go with option two in the coastal zone, which is a consultation process by which we respond to the state's questions Essentially saying. We visited the site they adhere to the provisions of the draft ordinance or they
don't. Chair Hartman and Supervisors so as I'm hearing option two again I had some confusion before us too we got a couple things labeled option two there is a slide nine from staff's presentation that has option one and option two for the inland and coastal areas
yeah I'm going to try to address that second.
So is this
just.
Sure they want me to do a motion on amortization which hopefully is a Kumbaya and remember for the purpose of the public amortization is necessary in order to terminate people's rights to keep on growing without a permit. Right? If we don't amortize this, then people will be able to keep on growing without adhering to any of our rules. So I think this should be a kumbaya so I'll move the amortization period under item C in the agenda.
C123 as recommended by staff.
And I understand that this is an actual action item by the board? That's right, finally.
Supervisor Lavinino if you seconded.
Yes ma'am second
and would you any further discussion would you again call the vote Mr. Williams
aye Miss Wolfe aye Mr. Adam aye Mr Lavinino aye Ms Hartman aye passes 5-0
It's good to have brief moments of the Kumbaya in all this. So I just want to address the coastal zone one in the conceptual motion before going into the inland. I am on page four of the board letter, page four and five option two. Respond to the state licensing authority and inform the licensing authority about the proposed operations compliance with the ordinance. Compliance would be determined by completing a local application and site visit, by local licensing and permitting staff that confirms compliance with local licensing and permit requirements or permitting a local application and actively participating in consultation process with planning or business licensing staff to assess compliance with the effective but not operative ordinance This is the only way for us to get odor control before the Coastal Commission certifies our ordinance.
It is a process that we've at least asked the Coastal Commission staff about and they have supported it in concept, The only hope for Carpinteria to get odor control in a timely fashion. So I just move the conceptual direction of approval of option two under the coastal zone.
So Chair Hartman, just so we're clear as we move forward. We're all looking at staff's slide 10 and I think Supervisor Williams is moving option 2 on staff's slide 10 as conceptual direction for staff to return in the future as part of the complete package?
That's
right. And I know that's the motion and just for clarity from CEO's office do we think that will all occur on December 14th or there might be other parts of it?
It can occur December 14th that would be our intent but we would have to wait to see if there's any more clarity. But just as you know, we can come back on December the special meeting there is an or of those in option two and we can have further discussion with the board at that time.
Okay so it's just so I understand sorry Madam Chair we're just coming back to discuss the option 2
Chairman and Supervisors as I understand the motion it's providing conceptual direction staff to more fully flesh out option two bring it back to a future board meeting on December 14th and or later.
7:39 – 7:406 turns
So we have a motion did we get a second on that one? I don't think so.
Second.
Any further discussion again call the vote.
Mr. Williams, aye. Ms. Wolfe, aye. Mr. Adam, aye. Mr Lavinino, aye Ms. Hartman, aye Passes 5-0
I think the only question is really what to do with the period from January 2nd to March in the and I definitely am not comfortable giving silence if silence is viewed as consent. You know, hopefully we will not have the issue because it would have to be somebody who like applies online January 1st and by some miracle the state processes their application and sends us something by the end of January But my sense is that if silence is implied by the state as consent that we should not be giving silence.
Director Peters Okay December 14th is going to be a long meeting but our next meeting is Tuesday, December 5 and that will be in Santa Barbara and see you there and have a happy Thanksgiving.