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 – 0:072 turns
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Good morning, could everyone take a seat and we'll get started today. Welcome to this December 14th special meeting of the Santa Barbara County Board of Supervisors here in the Santa Barbara Hearing Room. Would you call the roll Mr. Allen?
Ms. Wolfe, Mr. Adam, Mr. Lavinino, Mr Williams, Ms. Hartman.
a friend to many in this room. He had been before our board a number of times. Unfortunately he lost his life in a tragic car accident on Highway 154 after returning from our November 14th meeting leaves behind his wife Bobby and two small children Johnny and Mika, three and one. Also lost in that same accident was Jorgen Stufkoski who also was a married man in his 30's with two children so if we could have a moment of silence.
Thank you Madam Chair.
Thank you. I'd like to talk a little bit about today's public comment. There will be an opportunity in a moment for public comment on matters not on today's agenda, then we will go and have a staff report and board questions and then we will have a first public comment focusing on tax issues and that every speaker will be allowed two minutes and then we will later have a public comment addressing the rest of the issues. So people will be allowed two minutes and then another two minutes in the second public comment. Unfortunately, we didn't ask you when you submitted your slips so what we may do is have people line up and then announce your name and we'll pull the slip as you come.
So with that Mr. Allen do we have any public comments slips not addressing today's agenda on cannabis?
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Chair Harmon, members of the board we have no request to speak under general public comment.
Thank you okay then we're turning to Mr. Bozanich and the presentation
Chair Hartman, members of the board thank you for this opportunity. So to build upon and kind of show it graphically here's a proposed road map for the day today. So the chair in conversations with the chair she asked that we go through the entire presentation. It's total of 30 slides most of those slides are divider pages so it's about 20 slides of content But it does give a full context to various decisions we're going to ask the board to consider later on today.
After going through the entire presentation, we'll do a recap on the presentation on the economic and tax revenue analysis taxation structure ballot measure and staffing options which if you look at the board letter are connected with recommendations A, B and D And we'd like to then do public comment on that portion of the agenda letter today. So as the chair just mentioned around taxation, ballot measure and staffing options.
And then ask the board if they would consider at that time doing while it's fresh, public comment is fresh, ask them to do board deliberations and then possible motions to receive and provide possibly direction to staff on their recommendations listed above. Then we would come back and recap very briefly the presentation on responding to temporary and annual state licenses, again have a second public comment period on those particular issues as well as any of the receive and file issues that are also part of the staff's Board of Supervisors meeting opportunity to proceed today and with that I'd like to go ahead and kick it off. These are those recommendations, I will not go through them in the interest of time they are reflective of what's on the board letter but I'll just make note that we are asking specifically for the Board to provide direction to staff about developing a ballot measure possibly for cannabis taxation based on the information you're going to receive today from our HDL consultant, Mark Lovelace who I'll introduce in just a moment.
And then also provide direction to staff around the state licenses both the temporary licenses as well as the annual licenses that we discussed prior at a prior meeting, the November 14th meeting. So at this time, what I'd like to do is introduce to you Mark Lovelace. Mark is a former Humboldt County Supervisor for two terms. He also has worked prior to that as the Executive Director and President of the I want to welcome Mark to our federally declared disaster area and provide him a safety mask for today. He doesn't have to wear it during the presentation, but he may be helpful on the way out of the building.
He's also, just to mention too, he's got a Bachelor of Science degree in Industrial Design from San Jose State University. And so with that I'd like to turn it over to Mark.
Just one moment. Supervisor Wolf has a question or comment? Thank you Madam Chair. Sorry to interrupt you Mark. It's nice to see you here. Dennis can we go back to the recommendations just so I'm clear. Did you say that today we're going to make a decision on the annual state licenses or we're just going to be discussing that? Because as I understand it has to go to the Planning Commission.
Chair Hartman, Supervisor Wolf. You are correct this is about the state licenses just during that transition period because you are absolutely correct the land use permitting components are still moving through the planning commission process and will come to your board on hopefully February 6th but this is just direction to staff about what to say to the state during that transition period of roughly January 1st Good morning. As noted, I'm Mark Lovelace with HDL Companies.
In my time prior to working with HDL when I was on the Board of Supervisors for Humboldt County, I also worked with CSAC to establish their medical marijuana working group back in 2010. And so much has happened since then. At that point it was an issue that a lot of people were still comfortable saying let's just not talk about it and it will go away. As you're well aware we can't not talk about it at this point.
So I want to give you just a very brief background on the status of the industry and the state regulations affecting it at this point, and also the scale of the industry in terms of what you might expect to see as this industry comes out of the shadows, as the terminology has been. And as we normalize it and turn it into an industry that operates like any other legal industry in California.
Which one do I want here? There we go. Okay, so real briefly as I'm sure you're all aware Proposition 64 passed just over a year ago the Adult Use of Marijuana Act and then more recently in the middle of summer back in June the state legislature passed and the governor approved SB 94 which combined I want to start by recognizing the adult use of marijuana act with the existing medical cannabis regulation safety act to form the wonderfully named malcursive medical and Following that there was an addendum to that AB 133 was approved in September which allows for multiple licenses on a single premises and has some other impacts upon some of the vertical integration aspects of the industry.
And most recently, less than a month ago on the 16th, the three licensing agencies, the Department of Food and Agriculture, the Department of Public Health and the Bureau of Cannabis Control whose name has changed like four or five times in its one year existence. emergency regulations. And so as your board is taking this up at this point, it's a very good time because for the first time we have fully drafted regulations at the state level for your local program to integrate with. So even though there are numerous counties and cities that jumped into things earlier on in the process, everyone is going to have to go back now and make sure that what they have is consistent with this whole state framework that hasn't existed until now.
So the size of this industry, there can be a lot of concern in looking at this that this industry is going to overwhelm our communities. It is a new industry and it is a large industry and of course there's some places like in Humboldt where we've been dealing with it as a very large part of our community for decades. But the there have been some good figures that have come out in the past year as a part of these developing regulations. And one of those is a huge difference between the amount of production in As part of their regulatory impact assessment for the regulations, they came up with a figure of 13.5 million pounds per year as the estimated amount of cannabis production in the state and they note that that's only the amount that they can detect.
Anything that's flying completely under the radar that's not being picked up by Google Earth searches, by people trying to enter the permit stream or through enforcement would be additional on top of that. But then based on other sources that look at statewide cannabis consumption, it came up with a figure of 2.5 million pounds. So the amount of production in the state, the identified amount of production is already about five times greater than the size of the legal market. There's some additional modifications that can be made to that, that are in the report that we provided to you. That when you consider that a portion of that market is still going to, of the legal market in California, it's still going to be fed through people just buying it from someone they know or through the black market.
That 2.5 million pounds comes down even further. Additionally, there was a separate study that was done called the California Cannabis Opportunity Report that came up with figure of only 1.6 million pounds of cannabis for the amount of consumption in the state. So then if we look at the number of licenses, anticipated licenses. Who wants to get in on this business? The Department of Food and Agriculture in August 2016 published the results of an online survey that they did and this was not authoritative in any way it was just saying hey if you think that you might be wanting to pursue any of the license types in state I'm going to give you a little bit of background on this. It's not considered, you know, statistically The survey that was done, we came up with a figure of 14,277 cultivation licenses that were being sought statewide and using some standardized productivity figures they would be able to produce potentially 30-40 million pounds of cannabis.
Supervisor Wolf has a question for you. Yes thank you Mark so I'm just trying to reconcile these two slides this one says that there is a potential to produce 30 to 40 million pounds but But the consumption is much less. The anticipated consumption is much less?
Yes.
So, you know as we talk about bringing this industry out of the shadows it seems to me that there will still be a lot in the shadows because there's more being produced than will be consumed so one has to ask where is that going? Is it going over state lines? What is happening to that additional production?
Yeah, the excess is presumably going over state lines. Not all of it is being successfully tracked but we're well aware that there's a lot of cannabis produced in California that's feeding those states that don't have some form of legal access and also going around the world.
Supervisor Adams? Thank you.
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If there's any law enforcement that works, and maybe there's not really in the broad sense because it's been going on here as a black market industry for umpteen years. You can't I mean I would not think that you would be able to produce 30 million pounds And dispose of the balance of whatever we don't consume here, whether it's less than 3 million pounds. So 27 million pounds is gonna find its way out of this state and the stuff that is sold in this state is gonna drop precipitously in price And there's going to be a whole bunch of these legal guys that go broke.
You know, this is Wally World economically. This is not going to work.
And that's exactly the point, is that there's far more interest in people that want to come into this industry than the market can possibly support.
Right.
This is a gold rush mentality. Yeah. As someone who was until very recently a part of government and is now outside of it, I recognize that very often we feel the brunt of people's frustrations about the difficulties they're having with their business. The effect that we will have on this industry through regulations and taxes is nothing compared to the effect that the limits of the free market are going to have on this industry. That is going to be the single biggest limiting factor for anyone who wants to get involved in this, and with so many people seeking to be a part especially in the cultivation sector it is going to force prices to plummet, margins are going to have to be razor thin And it's very likely the people that are going to succeed are the ones that have some sort of financing that will allow them to basically lose money for a period of years until their competition has thinned out significantly.
Those free market factors are going to be far more difficult for people to overcome than the regulatory constraints that they'll find in their way. Right.
Thank you.
So just to continue, yeah these figures are as noted they're way off the charts far above the size of the market. So when we look at Santa Barbara in particular, that same CDFA survey only identified 200 people in that survey that were seeking cultivation licenses in Santa Barbara. But now that the county has its registry, we know that there's around 500 entrants in that registry for cultivation seeking potentially 1,365 separate licenses.
And again, running those through some standard productivity figures based upon the license type and the square footage and yield. They could potentially produce 3.7 million pounds which would be more than twice what the entire state of California consumes through its legal market. So we all have to have a much more realistic perspective on what the size of this industry is going to be not just in Santa Barbara but throughout the state.
So some takeaways
from that. I have a question there. While we're talking about the size of the market, I didn't see anywhere in here where...I'm kind of curious and maybe that this study took this into account but so you have an illegal product that somebody like myself, I'm not going to be interested in it. There's millions of people my age in the state of California that if it became legal I might go.
So when you're talking about how many pounds are being used right now, is that study inclusive of who they think might be interested in the product later?
So much more I could have put into this, but I was asked to just provide a little brief opening to kind of help frame up some of these things. The same studies that were done for each of the licensing agencies had to do their standardized regulatory impact assessment and There's really interesting tidbits in each of those and one of them that I believe is in the CDFA You know when adult use recreational cannabis is legal that they anticipate a very modest 9.4% increase in consumption, which is not a lot and essentially.
Cannabis is it's very easy to get one's hands on it and there's very few people in the state of California. It's believed that are you know, with that easy access are saying I'm not going to experiment with it or don't have any interest in it. But now that's legal, hey, I'll give it a try.
One other question is on usage do we know what? I know it's illegal for a grower at this point to send something across state lines but do we have any idea what the market of like the United States would be?
At this point there's 26 states that allow some form of legal cannabis use, mostly medical more increasingly in the adult use realm. And those states amount for over 60% of the US population that has some form of legal access to cannabis. with more every year, every election cycle looking at this issue. At what point will the dam burst and will federal prohibition come down? That's certainly not likely to be seen under the current administration and it's a difficult guess to make.
But just to add another factor to all of this, from one of these studies they determined that there'd be a modest 9.4% increase in consumption through adult use legalization and then along with that a lot of people are going to say well I no longer need to bother with having a doctor's recommendation. I can just go into a store and buy this including both people don't have what you or I might commonly believe is a valid medical reason, but also people that do have a valid medical reason that are just saying, why am I going to pay $200 for a doctor's visit and getting my state-issued card just to save a little bit on sales tax?
So they believe that around 65%, I believe it is of the market will end up in the adult use market. About 9% of that will remain And that leaves a remainder of 26 and a half percent, I believe is the figure. I don't have in front of me that they believe will continue to be fed by the black market people that just aren't going to bother going to the store because they're either growing their own or they got a buddy or something of that sort. So when you look at that 2.5 million figure, that 1.6 million figure, whichever one of those you want to believe is more accurate, Supervisor Adams.
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I am a farmer. I don't know if you know it or not, but I am a farmer vegetables and I know that farmers the first thing they're going to do every single time is overproduce And this is gonna be no different than anything else any other agricultural commodity They every single time they get over produced and when they get over produced The price plummets far beyond beneath the cost of production and It takes some time especially To the extent that the oils involved here are not perishable.
If I wasn't dealing in perishable commodities, that's the only thing that saves us in the veg industry. Because next week that stuff is gone anyway. If you turn all this stuff into oil it will be out there forever and that 30 million pounds could take 10 years to work out and when the supply finally falls If it's below consumption levels, then you can start entering back into the market again. But there is going to be an extended period I predict of really low markets on these things.
And I would agree and we're already seeing that. There are people in Humboldt County that are used to selling their product for $1,500 or $2,000 a pound I'm confident that they have a good reputation for high quality product and that are struggling to move their product at 500 right
now.
So it's going to be a buyer's market, and that's gonna be frankly bad news for the cultivators. They're gonna be The bottom end of this market that everyone else is going to be looking at, you know how cheap can I buy product for and then how much can I add value to it through manufacturing or through other things. Yeah, to boost that. There is one positive for the cultivators though which is the regulation and particularly the testing and labeling requirements are already starting to show an impact in terms of buyers being able to know the quality of the product and being willing to pay for higher quality product now that it's not just someone saying oh this is good stuff You know, they can look at a label and they can see here's the testing results.
Here's the THC content, the CBDs. Here is, you know, didn't have any impurities or whatever else. And yeah, they can be assured of, you know, the quality of product that they're buying and that seeing the top end of the market actually move up. So there'll be much like with wines, there will be room for a lot of price stratification in this industry but the bulk of the product is probably going to be continuing to move down.
And the black market stuff that can't guarantee the cleanliness and the food safety kind of aspect of it is going to always come at a discount. And so, it's going to further suppress their production because those guys are going to go broke too. They're not magic.
And it's assumed that there is a risk premium that people consider when they're determining whether they want to buy from some guy they know or their dealer, whatever. Or whether they want to walk into a store and buy illegally. And the stigma of buying stuff from the black market and the unknowns as far as the quality and the legal risk associated with it. It's believed that the ease of access through legal means is going to be a huge limiting factor on the black market that will over time, you know it's not gonna happen overnight when you've got 13.5 million pounds being produced in the state, it will take time but it is going to have an impact on the slow decline of black market.
Thanks. A little functional note here, I'm having trouble hearing. I don't know if anybody else is and I think it's the fans.
Mr. Lovelace something with the mic or how close you are would
help me much better. But if you can crank it up Mr. Allen
that'd be great. Okay, so just a few takeaways on that. As noted the current cultivation exceeds the size of the legal market by five to eight times. Statewide interest in legal cultivation exceeds the size of the legal market by 12 to 16 times and when we look at again these standardized production figures and how many cycles per year can be achieved off of say indoor cultivation it's conceivable That California's entire market could be supplied by as few as 200 type 3A medium indoor grows.
Conceivable but not likely, we imagine that there is going to be a lot of stratification, that there will be some much larger growers and a lot of smaller ones. But you might have heard some of the discussion recently about whether or not there would be a one acre cap on cultivation at the state level That definitely has an impact on this figure here because the more people that are allowed to grow up to 4, 10, 20 acres as the type 5 licenses may come online in 23, that's going to eat into the amount of market that's remaining for the small type 1 and 2 cultivators.
Then the last note is that interest in cultivation licenses just in Santa Barbara far exceeds the capacity of the entire state market. These are some of the tables that were provided in your, in the report that are more in here for reference if they come up for discussion later on but we considered a number, these actually have some different rates I think than were through our figures of 2%, 4% or 6% for some of the different activities. And so we put those into tables so that we can see for you how much revenue could be generated and in this case, we're only looking at 10% of the county registry.
The report provided 10, 20, 30 and 40% of that registry as numbers to look at but 10% is a good one because if you think it might be 20, And then we have the same thing for the commercial manufacturers and the retailers. And as noted in the report, manufacturers are an area where there's a lot of opportunity for growth in this industry. Cultivation is going to be pinched by the limits of the market but manufacturing is an area where there's lots of room for innovation and room for more jobs and more technical jobs.
Thank you, Mr. Chair and members of the public. I have a couple of recommendations for this industry and still some unknowns too. So it would be a recommendation to perhaps be gentle with what you do with the manufacturing sector because that's where you may have the greatest opportunity for jobs, innovation and economic development from this industry. And retailers as noted are pretty much limited by At some point, more retailers will simply cannibalize sales from existing ones. So there's kind of a limit to how many any community can absorb.
So lastly our recommendations that we would offer would be that recent changes to vertical integration through all of those things in the first slide In the past, HDL has pretty consistently recommended counties and cities go with a square footage tax on cultivation. But vertical integration right through to that last one of AB 133 This allows that a cultivator might also be their own distributor. A cultivator might also manufacture their product.
There's still some inconsistencies between the existing regulations and the co-location of different license types that's allowed under AB 133, but ultimately If you have a single business that is operating multiple activities, both cultivation and manufacturing, and you have one tax mechanism or one tax rate on one part of the business and a different one on the other, it might be difficult to tease out the separate operations for purposes of how you assess that tax.
You're a cannabis business, you're doing a number of activities and you fall into a 6% tax category or 4%, whichever that is. That becomes a much simpler approach at this point. The local taxes, we've been recommending to clients that they work to keep the cumulative state and local taxes at around 30%. And there's a table and a discussion within the report that goes out how you get that. The taxes are assessed at different places along the food chain so it's, yeah, the price at cultivation is very small relative to the price at the end retail.
So you have to figure out what the price of the product is each place along the way and how that affects it. But looking at the figures that we've generated, a tax rate of 2% across the board, we believe could generate around $8 million in revenue for the county. Tax support percent would obviously double that to around 16 million. A tax rate of 6% could generate perhaps $24 million for the county.
0:50 – 0:5711 turns
Can you tell us, do we know how much the state is taxing? What percentage?
Yes, the state has two different taxes that they assess on cannabis. A cultivation tax of $9.25 per ounce of dried flower and $2.75 per ounce of dried leaf. And that is a price that's independent or a tax that's independent of the price paid and so it's very sensitive to the price paid. In the report where we have that table of the cumulative price, we're assuming $1,000 a pound as a very general price.
And at that, let's see, give me just a minute here. If we back out and leave out any local tax, just the $9.25 tax on flour If the price drops down to $500 as we've been considering, it boosts the relative impact of that tax up to 40% of the product at that point in the process. Again, the price is low at that point and will continue to increase as it goes through manufacturers and distributors So the impact of that gets a little bit muted by the time you get to selling it at $12 a gram type price.
But it still does have an impact, especially on the cultivation community where it's huge.
Supervisor Williams?
I don't follow this. What is the market price right now?
On cultivation, at the cultivation end it's I think the last spot price I saw in California was around $1200 but that's moved down significantly from I think $1600 just earlier this year. And it moves around over the course of the year and the source for that data you know I've heard some people in the industry Don't give that source a lot of credibility. And then when you talk to a lot of individual growers, they'll say well that's fine but I'm as noted but I'm having trouble finding someone who will buy my product at $500 a pound and I'm having to sit on it and hope that the market is going to change a few months from now while my products still good before it becomes useless.
There's some disagreement on what the average price might be, but there is a broad agreement that it is headed down.
Supervisor Adam and then Wolf.
And anecdotally I was told last week by a carpentry grower on a tour down there at one of the facilities which was beautiful by the way that he was selling for $500.
Supervisor Wolf. Thank you, Mark I just need some help understanding the tax rate estimates the 2%, 4% and
6%.
So I guess let's just go back to the slide where you talk about cannabis dispensaries retailers and there's different options there 3, 6, 9, 12 of the number of licenses. So which one did you pick? What is the most likely one that you picked to come up with your estimate
for the estimates I provided in this report here? We kept it at 10% because that's the one that is the most top heavy in terms of, you know, the speculative end of it of how many people are looking to get in there. But manufacturers, the belief around manufacturing which is discussed in there right now, it's estimated And how that might change as the industry changes over time is anybody's guess.
But with a thousand manufacturers, how you figure where they're going to locate is the difficult piece. With cultivation it's a land-based activity and so there's a history of the activity in certain parts of the state and so we can get good estimates of where the industry is based upon that. With retailers, it's population-based. People are only going to drive so far to buy the product.
But manufacturers don't have to live near their source. They can buy source from anywhere in the state. There's people in Humboldt County that are selling product to people down in Los Angeles or the Inland Empire that are modifying it and moving it to market. So manufacturers have the ability to locate based upon favorable regulatory and taxation climate and cultural climate.
And we believe that what we're likely to see is that of those thousand manufacturers, they're probably going to mostly coalesce around certain hubs in the state. Those hubs will be places where there is an abundance of product, where there's a cultural mood of acceptance for this industry And where there's a broader support network for the industry. As anyone that's ever been in the private sector knows, no business exists by itself. Every business depends upon a whole variety of other businesses to support them and this industry is no different.
Places that have an abundance of this industry will likely be a better place to locate, even though it means perhaps more competition in one sense. It also means that you have more suppliers for all of the different things that your business needs. More technical support for the manufacturing sector has a lot of highly technical equipment that needs to be maintained and tested So just to put all of this in context, because I think when we look at these tax rates and these millions of dollars it looks very appealing.
0:57 – 1:037 turns
One of the problems that I see is that these numbers don't necessarily match with what our EIR is recommending. And so, you know just specifically manufacturing so it's much less than the 10 then that what you used as an estimate. So I think we just as we move forward on this In my opinion, we need to be cautious that what this is all based on is just simply an estimate because we don't really know at this time how many of these cultivators retailers manufacturers are actually going to be in Santa Barbara.
And that's a very good point. And I would encourage all of you to think of this, don't start with the taxes and with the figure that you want to achieve as your goal. There are still strongly held values around this industry, around this product. So we have more of a cultural conversation within our communities about how we want to deal with it. Jumped right in and said, you know, hey let's let's do it. You know where we're good with this And there's other places that are having a more difficult time wrapping their heads around the changes that have happened with this over time So you really do have the opportunity to think about?
You know how much you do want to embrace this industry And what you would like this industry to look like in your county In the near future
supervisor Lavinino
Thank you Madam Chair and I think we have been having, we've had many meetings so far already and so I think we're hearing from the community of what level they are comfortable with. When I look at these numbers and the usage that you brought up in these things and I think it's very important for us to look at that At the same time, I don't think we're not asking the county to invest in any of these businesses.
There's definitely gonna be winners and there's gonna be losers but at the end of the day, there is gonna be an industry. And so I'm not here to say we're gonna be overproducing that's what the market will bear. And if 100 people wanna line up to do it and 10 of them succeed I mean, I'm still going to collect the tax from those 10. So that's what I'm looking at. Number two is just to put things into perspective with the numbers that you put up even at 2, 4 and 6.
And if you look at what the top 10 taxpayers in the state, I mean in Santa Barbara County are putting in, if you take our top 10 assessment comes out to 2.1 billion, which is really $25 million a year in property tax, which is really about $10 million to the general fund. So this one industry as small as it might be as we try to pare it down still could generate as much general fund revenue As our top 10 right now which includes Exxon, Edison, the gas company, Biltmore, the Bacara, Winsett Farms, PG&E.
So I understand I'm not getting super excited about and trying to count our chickens before they're hatched Because I know there's a lot more that goes into this than just looking at the revenue side. But the revenue side is why I'm interested in it as well, because if we were sitting in the black right now with a big hefty surplus, I might be a little bit more hesitant to be talking about this than I am when we're in the financial straits that we're in. So it's all part of a bigger picture and I appreciate you kind of painting that statewide.
It's been very helpful and educational.
Supervisor Williams?
You guys look at also that, I mean that point that Supervisor Lavagnino brings up is brings me to this question. Do you look at the relationship in property tax and what that conceivably would mean for the property tax element of revenue?
We haven't looked at that through HDL, but I can tell you in my Former role on the Humboldt County Board of Supervisors. That was a huge issue we saw In the recent years as this industry was You know coming further and further out of the shadows And as we got a regulatory framework and started getting permitting a lot of real estate speculation and Obviously, you know when a piece of property sells and that changes its assessed value.
And there were stories that were published of people who had been in the real estate industry for decades up in Humboldt County that were having someone come to them and say I want to sell my property And the realtor would say, okay it's a small piece of dirt out in the hills. You know unimproved anything like that we think is probably going to be around $125,000 and the person said put it on the market for a million. And the realtor would say I don't think so they put her on the market for a million and it would sell the next day at a million dollars because they had a permit I don't think that you would have quite the same It's going to be different in each community and it's going to be a big difference based upon whether you have an existing industry that's looking to, as in Humboldt, an existing industry that's looking to emerge and become legal or whether you're looking at a new industry that's starting to move in or something between the two.
Each community is going to be a little bit different.
1:03 – 1:1919 turns
I appreciate you saying that because this board often has debates about oil and oil revenue. I've looked up how much property tax do we get from oil? What's curious is that we actually get far more property tax from greenhouses and cut flower than we do from oil. We also have, get more property tax from vineyards than we do from oil and the you know Empty greenhouses produce a lot less property tax than full green houses. So, I mean that is another element of this that you know I don't think we have analyzed here but should be significant.
That brings up the issue of driving out fruits and vegetables for cannabis. Supervisor Wolf?
I can't let that pass. In Carpinteria, unfortunately we just have vast acres of completely empty greenhouses which is sad but it's because of bad trade policies not because of what we're doing here at a local level.
Right. But we have to think about the impacts on the county
as a whole. Supervisor Wolf? Thank you Madam Chair. We can't get overly excited about the potential of taxes that might go to our general fund. As we're going to be seeing later in this presentation, the amount of money that we're going to be needing to spend to kind of mitigate some of the aspects of this industry. You know, Staff put on a conference where we heard from someone from Colorado who essentially said that don't expect a windfall of these taxes and funds to go into your general fund because in order to make this a process that protects the health and safety of your community, a lot of the money is going to have to go into as we're going to see later. First of all, that land speculation was fueled and predicated by $2,000 a pound material.
And it's not like that anymore. So I don't think you'll ever see that again in the foreseeable future and probably further out than that. And property tax is composed of parts And each part is important and they all ebb and flow as times go on. You've seen the oil have a tremendous impact when it went from $50 to $100, and then again when it went back to $50.
You know each as the wine industry goes through another downturn, which it will at some point. I hope that's a long time away because I just planted some. You'll see vineyards get ripped out and it will eventually go back to cattle grazing on a lot of it. I don't see, to your point Supervisor Hartman, vegetables getting ripped out and replaced with
cannabis.
But again, if a vineyard is old and it's over the hill and it's no longer producing enough to justify its performance. And then you've got to go spend $30,000 an acre to go replant it as a vineyard or maybe there's a different crop out there that you have to evaluate as a businessman. You gotta evaluate just about everything. And so those decisions get made.
Lots of people that are vineyard people have been spending their whole lives learning how to create vineyards and top quality grapes, and they're not going to change over. So maybe this is a little bit premature but I'm just going to throw this out there for consideration as we go through this by my colleagues. That my broad view is that we should be at around the 10% level about as easily as we can collect it.
And I think if you could collect it at one point, My point is that that would be as easy as possible. And so if you could piggyback on the state where they were going to have a collection point, then you don't have to chase people around because the state will do it if they don't remit. You know, you're not creating some kind of an alternative method by which you've got to go enforce your own collection deal and it turns into more work than it's worth.
So that's my thought.
Supervisor Wolf. No, Supervisor Williams.
Well I understand the caution about the expenditures that Supervisor Wolf indicated and I mean I do think that's why the tax is so important because if we were to try to get This is such a free-for-all wild west situation out there. I mean, both neighborhood folks and at least the ones who purport to be reputable growers want more enforcement out there. And we're not going to see it until there's the revenue to pay for it.
Supervisor Wolf? You know I was thinking about this after our meeting on Tuesday how we had the list of the 12 or the 10 financial challenges that are before us. After this meeting, after that meeting and considering today's meeting I almost wish we had a number 11 which would have included additional enforcement funds for cannabis because it is such a problem right now And that I think our county, you know we should be enforcing at a greater level than what we're doing right now. And the impact that it's having to our constituents just from these discussions that we've had over the months seems to me aside from additional taxation that we should try and put an allocation of funding into P&D, into sheriff, into enforcement So that we can get a handle right now on what's going on out in the field.
Supervisor Lavanino.
Madam Chair, I don't think anybody up here disagrees with that but the reality is all of that costs money and we don't have money to do what we're doing right now so the only way The only way to do what we all want to do and what our constituents are asking for is to collect revenue from those folks so that we can go out and do the enforcement. I was really excited to see, and I think we're going to be talking about it coming up of the very beefy enforcement team that we're putting together.
It was more than what I anticipated and I'm very excited about it. But we're barely keeping the lights on here as it is so to go out and hire another 20 people, good luck with that in the current environment.
Mr. Lovelace you had a response?
Just a couple of comments to some of the discussion that the board's been having. And as you're all well aware, the impacts of this industry are something that you already have. It's been there not just here but in communities around the state. As noted in one of the studies I referenced earlier we anticipate a very modest increase in usage of cannabis from adult use legalization so People that are likely to smoke cannabis are likely already smoking cannabis and we're already having those impacts which are very real. Social impacts, public health impacts, public safety impacts and as noted this provides an opportunity I'm going to talk a little bit about how we develop a revenue stream off of those players that are saying we want to come into the legal market and be good, well-regulated, respectable businesses.
It provides an income stream off of them, and interestingly one of the aspects of this that works for them is that as they become legal, And so the fact that there's a revenue stream that comes off of their legal activity, that helps to fund a crackdown on their unfair competition is beneficial to them.
Supervisor Adam?
I just want to caution and it's repetitive of Mr. Lovelace but I'll say it again. That I don't think we can decide how much we want and charge that much. And so, you know, that's why I'm heading towards some kind of a gross receipts or a weight or something because and I think the gross receipts is probably even more fair than and I'm all over the place on this thing. I apologize.
Because frankly this has been very difficult for me to deal with and I could barely make it through all the printed material. But you know if you go with a gross receipts, you know if the price goes up we have massive inflation at some point your tax is going to go up with the product and If they take a giant hit Your tax is going to go down with the product. So that's kind of a more fair way to look at it, maybe.
But I don't think under any circumstances we can just decide well, we would like to have $13 million a year and try and get that because you'll kill the industry and then it will be going on with the black market or just somewhere else.
I think we're getting some good discussion about principles to apply when we in fact decide on an approach if we do. Having said that though, I'd like to get to the rest of the presentation. We have a long day today and a lot of work to get done and it's already heading toward noon so...
I knew this would be a critical part of the discussion today and especially having somebody other than me talking about these issues, I think has been really good. And I'm reminded of kind of the old saying about experts, the further they come, the bigger their expertise is and so coming all the way from the other end of the state of California This is a big expert here so we really appreciate Mark being with us today and the discussion that's occurring. Back to our roadmap for the day, I do want to finish the entire presentation and because you've heard me drone on and on about this stuff before you probably won't have any questions.
So one of the things that we did present in the rather modest board letter was some taxation options that your board might want to consider. Number one was an excise tax based on gross receipts at different levels Supply chain in something about 2% on grocery streets for distributors and nurseries, 4% for cultivators and then 6% on grocery seats for manufacturers and retailers. And just to briefly describe the rationale behind the different rates is just in terms of the amount of value added at each steps in the process. This is really kind of taxing the increased value that that portion of the supply chain adds to the cannabis product on its way from production and consumer. So, that was the only rationale really for providing your board with that option The second option would be to adjust any of those recommended tax rates with a total rate across the supply chain of around 10% that we could be more flexible and as you think about it, as you think about the policy options around taxation that shooting for around 10 percent total and appropriating at either one point as some have suggested during this early discussion that your board was having Taxation option number three basically is doing something that a lot of other jurisdictions are doing, which is to start out at a lower rate But as we think about writing the language for a possible ballot measures for the voters to consider in approving a tax, we would include something where the board would be given discretion through that ballot measure to increase the rate to some kind of not-to-exceed point.
And so when we get to decision matrix a little bit later on about what you would like to include in the ballot measure, It does give you a decision point about whether you'd like to add this not-to-exceed kind of perspective, instead of basically hard coding the rate and not being able to change it. And many of the jurisdictions that have sought cannabis taxation measures in the last year have included this kind of not-too-exceed perspective.
Many also that have done that and set very high taxes, I will say this, are now reexamining those and going back and limiting those taxes and bringing the tax rates back down. And then the other options we lay out in the board letter would also be consideration of Supervisor Adam just mentioned a moment ago the taxation that the state does by weight. As Mark indicated, many of the early adopters of taxes in this industry looked at it per square foot tax so there are those kind of unit taxes that are also possible.
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Supervisor Adam has a question or comment?
Well, I was going to ask about option two. The 10% that's on gross receipts? Supervisor yes. That's
correct on gross receipts. It didn't say. I didn't know if you had a different theory there. Thank you. Sorry. I did label everything else that way, didn't I? So this is an options worksheet I would suggest we come back to at the end of this after you receive some public comment around the tax presentation both the economic analysis and the ballot measure things but this is something we'll come back to And also correlates to the matrix, decision matrix that you have as attachment B in your agenda packet.
And I've worked extensively with county council especially our attorney in the elections division to come up with that matrix but we will come back to this. But ostensibly some decision points are when would you like to go to the ballot? What's the basis and rate for that, for the taxes you might do? What are some terms and conditions around the collections of taxes? And then how do you want to apply those taxes? And I think finally a big decision your board will want to consider is do we want to condition the licensing and permitting ordinances that your board will possibly consider in February.
Do we want to condition that So we'll come back to this later.
Supervisor Wolf. On the tax terms and conditions, Mr. Buzanich when it says frequency of collection can and I know Mr. Filotti is here in the audience but I'm not sure who to ask but how does this all work as far as obtaining the funds whether or not its cultivators retailers?
Chair and Supervisor Wolf, the way in which the taxes would be collected in our county would be the responsibility by ordinance that the treasurer tax collector be involved in that collection process. We have seen in other jurisdictions where the treasurer tax collector uses the same exact page we all get for our property taxes and has modified that form to include a tax bill on a quarterly basis, semi-annual or annual basis that is based on what the voters would approve and based on your decision to put something on the ballot. And they are able to calculate So
what I don't understand though is that it's based on gross receipts. So how does the tax collector know what that is? When we get our tax bill, everything is pretty
Very clear, yeah. So many of these same counties even though they might have a square foot tax on cultivation almost all of them have a gross receipts tax on manufacturing and retail so there are people doing this already and typically what it is the submission of a set of audited financials basic P&L state profit loss statement that's provided that shows This is also analogous, it's important to note that when we talk about gross receipts this is very similar to the basis on which the IRS collects taxes on these businesses because the IRS has made a determination that while they're obligated to pay taxes even though they're in a federally illegal business As Al Capone knew all too well, you can also be brought down by not paying your taxes and so even the illicit businesses under federal law do require the payment of those taxes to the IRS.
But what the IRS has done is they've made a policy decision that you can't exclude your typical business expenses So for most businesses, as you know, the effective rate of taxes on a business is much different than what the stated rate is because you're able to write off a number of your business-related expenses. They don't allow that in the IRS under policy and so in essence what IRS is collecting is this gross receipts tax based on the revenue they generate purely on that so it's something The feds are doing already. It's something that a number of other counties are doing for parts of the supply chain, we would just be applying that and it would require the submission of documents and then a calculation by the treasurer tax collector on the tax liability and then they would have to submit that for payment.
Okay. So just summarizing, everything would come up on their tax bill and it's verified by the tax collector or the treasurer-tax collector?
So, ostensibly yes. It would not show up on their same tax bill that they currently pay for their property tax. It'd be a supplemental bill.
Right. Okay and I know the treasurer tax collector is not available to speak with us today but is he aware of this process that there will have to be some verification from his office?
Chair Hartman and Supervisor Wolf, yes. He is aware.
Thank you
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So one of the other components as we begin to think about the industry, and especially around financial considerations in the industry are these cannabis banking issues. And I just kind of want to walk through this. We've talked or alluded to this at many of our previous presentations but currently today just under 400 financial institutions are currently serving the cannabis operators out there And so it's important to note that while it is extremely difficult and I will say extremely expensive for the cannabis operators to engage in banking, in the typical banking system.
It is not impossible and there are folks doing this now. By the way that data that 368 is from the Department of Treasury from the federal government The Cole Memo, which is in the Department of Justice, does offer guidance to federal prosecutors regarding cannabis enforcement priorities. And ostensibly what the Cole Memo states is that as long as there's a highly regulated structure within a jurisdiction to monitor the cannabis industry and reduce the risk of cannabis coming into contact with children, and a number of other standards. That the Cole Memo which was written several years ago under the previous administration is said to say that if they're working well in a regulated market that should be a low enforcement priority for the Department of Justice.
Recently, Attorney General Sessions was in front of Congress and he was asked very specifically about his intention as the head of the Department of Justice as Attorney General. And Attorney General Sessions noted that they at this time are not changing their COLE memo standards in terms of federal enforcement. That does not mean, and I want it to be super clear for the board and for the public. That does not mean that it is not open for a redetermination on any day. It would be possible.
Chair Hartman and Supervisors, I generally agree with those comments. And just want to underscore that this is an area where the statutes involved include the Controlled Substances Act which is a general prohibition, the Bank Secrecy Act, and the Money Laundering Control Act. Those are the general prohibitions on distribution possession and money laundering in quotes And then the Cole memos of 2013, of which there were a couple.
And the Treasury's Financial Crimes Enforcement Network guidance are essentially policy decisions but it would probably be best to kept in mind that the statutory prohibitions remain in place and the Cole memo and the FinCEN guidance are essentially discretion doctrines that are out there that could be changed as Mr. Bozon has indicated.
Thank you. So the FINCED, which is the Financial Crimes Enforcement Network that Mr. Gazzone just noted did publish written guidance as well that clarifies the customer's due diligence expectations and reporting requirements for financial institutions seeking to provide services to cannabis businesses. And so there are some ways in which this can happen. Typically the testimony I've heard from people in the industry is that while they may be able to bank, it may cost them as much as $5,000-$7,000 a month to be able to meet these FinCEN standards that are laid out in their guidance documents. And then lastly on this, I want to note that the State Treasurer has convened a cannabis banking working group. They met for most of this past year and they did submit a report that identified what they believe are four critical steps to help with here the potential for cannabis industry here in California.
First of all was the implementation of a safer, more efficient way to handle all of the cash payments for whether it's taxes, fees or otherwise because for many folks, many of the people in the industry that don't have access to one of those under 400 financial institutions they are working with all cash The second thing that State Treasurer, the working group identified as a critical step is to come up with a portal of compliance and regulatory data that's available. And I'm happy to note that at the recent California State Association of Counties CSAC meeting in Sacramento There are a group of folks working to put together a joint powers authority to collect exactly this kind of financial data statewide, which will make the due diligence portion of the work that financial institutions will need to do.
It will greatly simplify that and give them in essence one-stop shopping for data that they would need in order to meet those FinCET requirements. And we are in discussions with that JPA, with the folks that are looking at that JPA. And we'll bring further news back to you at a later time. The other thing that is suggested from the working group is to look at a feasibility study of a public bank or other state-banked financial institution. You've heard a lot of discussion, City of Los Angeles, Alameda County and number of other places I should say the City of Oakland, is looking at what is the efficacy and viability of a state bank. And this would be for those who have looked at this issue in the past or other related issues are similar to what the Bank of North Dakota is for example which would be a state chartered bank.
The important part on that One of the things that I learned from some research I've been working on is to note that for that public bank to function in any way, to take deposits from anything other than the state or the county as a depositor into that bank. In order to move that money anywhere else it would require a federal reserve number that would have to pass the federal test of viable financial institution And then lastly, the Cannabis Banking Working Group suggested that there be the establishment of some kind of a multi-state consortium to pursue changes to federal law to basically deschedule cannabis from the Schedule 1 listing that it currently finds and then to also find other ways to remove barriers to cannabis banking.
So I want to provide you with some updates and then possibly ask you later on for some direction about staffing, and we've had a couple of comments based on that information. And as we turn to this, I really want Departments, especially Planning and Development, Sheriff's Department, Environmental Health, Public Health, Fire for looking at what their staffing requirements might be and trying to anticipate what you as a board may choose to do. The tax, what the voters may do with any kind of ballot measure. They've worked really hard to try to come up with that and as we similarly caveated the economic analysis I want to caveat this particular portion of this is based on a general sense of what's possible to the extent the industry is scaled up or scaled down these numbers may need to change so we ask some think One point, one data point that's probably more likely to be on a continuum.
One of the things that the business licensing could entail that the applications would be available after the board makes A decision about whether or not we want to license cannabis operations in the county. They would, as we've mentioned many times before, anybody who wanted to operate in the county would be required to have a county business license, would be required to have a land use permit when that part gets decided through the planning commission process and eventually their planning commission recommendations coming before your board also on February 6th.
And then they would also be required to meet all the state licensing standards, which includes having a business license and a number of other things at the state level. Any license, business license we would do would be effective for one year and this matches what the state does. Then they would need to be renewed. They would not be transferable so you know if, you know a cannabis grower named Nathan out there is growing and he would have, he would not be able to give it to myself or somebody else.
They would have to reapply for a new license. So it's not transferrable. It follows the individual. Next, you would define the specific cannabis premise for each license. And so very similar to what the state requirement is, you would have to have a parcel map and then you'd say here's where the cannabis is growing for this particular license. We would also most likely require fingerprinting and background checks for the owners of the cannabis business.
We would require access and site inspections, and we would also most likely require the payment of all state and local taxes in order to maintain their license. In that licensing ordinance, we would include a due process section where for some reason they were revoked or denied a license. They would have a due process and we're working on that. We are also looking at And we've had some discussions with staff at the District Attorney's Office, thanks to Brian Olmstead for the Sheriff's Department, facilitating a discussion where we've also looked at having it be a misdemeanor penalty for failure to have a license. Which would be a great enforcement tool going forward that if you didn't have a license you'd be subject to the misdemeanors which we can talk about a little bit later on but I think that's an important piece.
So this is the staff that Planning and Development, Fire, Environmental Health, Agricultural Commissioner as well as the Sheriff and some placeholders for County Council and Treasurer Tax Collector are there as well for 17-18 year, 18-19 and 19-20. And again these are somewhat estimates for your consideration, but you'll notice that just to be able to do some of the basic licensing compliance checks permitting on the regulated part of the cannabis business in Santa Barbara County. We're estimating around 20 people would be required to do that, that we currently don't have today and the estimated cost is about $2.5 million for those costs based on what we know today.
Supervisor Adam?
How come there's nobody on there for the DA and the probation?
Chair and Supervisor Adam, they have not submitted to me at this point that request. And I hesitate to share the informal conversation we had on that because they wanted to make sure it was final with the elected district attorney. But they do have some general estimate about what that would be, and it would still be in keeping you know, around 20 individuals countywide?
So
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I'm a little troubled by that answer. OK. So we didn't get any placeholder at all right there. That seems like a little bit of knowing withholding right there. Dude come on.
So a general workload estimate from DA staff was somewhere between three quarters of an FTE and one FTE. Real general. And probation? So I'm a little unclear, other than through the normal course They would not have any additional staffing just to deal with the cannabis piece. They deal with that and when we see the enforcement slide in a moment, this would be the normal course of enforcement as they end along with the sheriff encounter people who are under supervision of the probation department.
I don't believe Chief Heitman's here but if she was she's more than welcome to chime in on that I would think it'd fall under the normal part of their enforcement activities.
Supervisor Wolf? Thank you, Madam Chair. Is there anyone from Public Health here that can speak to this chart if I can ask? Hi Ms. De Ranosa, thank you for being here. You know I guess similar to Mr. Adam although you do have one individual that is allocated in this plan but it's really concerning to me that for public health there's one additional individual and I just needed some clarification as to why public health wouldn't need any more than one In particular, again I go back to that conference that we heard about or the conference in Buelton where the health education and health monitoring and epidemiology was so important.
And so if you can just help me out with this. And I also understand that we will be using some of the health education videos and so forth that California has already produced. We might use some from Colorado but you know it just doesn't seem to me, the allocation is very small.
Sure, Madam Chair and Supervisor Wolf. So we made this recommendation based on several factors knowing that there are, we anticipate prevention funds from the state going to other entities such as behavioral wellness. We know that CATA locally also our Putting efforts towards prevention. In the ideal world, we would love to build up our prevention unit and we have discussed that an additional health education specialist at about $120,000 with give or take $80,000 in services and supplies could be that single point to coordinate Countywide prevention efforts, utilizing what the state is offering us and tailoring it to the county. But we did not make a big ask because we're hoping to do some rearrangements in our department to allocate funds towards that effort.
Thank you. So it sounds then that you are going to be rearranging some of your staff to put, to allocate more toward this initiative?
Correct.
Which might impact other areas I would assume. Yes. Okay. Thank you very much. Do we have anyone here from behavioral wellness because as you mentioned it and thank you for that, I'm seeing that there is nothing, there's no additional staffing from behavioral wellness which is really kind of unbelievable to me. I've seen some articles that were written by staff from the Drug and Alcohol Department, and Dr. Gleghorn was at the meeting that I referenced before. Thank you, Dr. Gleghorn. And unless I'm missing it, there is no additional staffing that you need
I'm sorry, I walked into the meeting two minutes ago so I'm just going to catch up here. I'm not sure what the question
was? We're looking at this chart right here looking at different departments that are estimating their needs if and when we move forward with this and it is interesting that behavioral wellness is not requesting any additional staffing
So Supervisor Wolf through the Chair. Behavioral wellness wouldn't typically be involved in a licensing or permitting or compliance aspect, but in terms of any ill effects that we expect to have in terms of people requesting treatment because of expanded availability of marijuana Treatment services would expand through the organized delivery system that we are already putting into place.
That should begin in July of this year and that's almost entirely federally funded. So we will, and I've spoken to many of you about this. We will be coming back with new staff that we will need related to both the organized delivery system expansion and expanded service and monitoring demand on the mental health side per another state regulatory change. So we will bring in those positions but they're not funded through this, they are funded through state funds and federal funds so they're not part of this request.
Okay I get that. So you're not asking for any funds from this program or process? Not at this point, no. Okay and the federal funds are specific to this initiative or are they to go to other areas such as opioid issues or other abuse issues?
The federal funds are specific to both treatment efforts and we also get some federal funds for prevention initiatives. So, we do have several different sources of federal grants on the substance abuse side.
Okay, so and that's fine. It just seems that those monies would be allocated to where we are right now not necessarily what we might be seeing in the future?
Yes.
Is that correct? Yes So if we were to look into the future is there additional funds that would be required?
I would think that Funds for education and prevention could definitely be expanded. And, you know, but those would be sort of broad community level things that we would do in partnership with public health.
Okay. Thank you. CEO Miyasato? Thanks Dr. Glickhorn. If I could just follow up. You know Mr. Buzanich, I'm not sure what department heads if they were just thinking this was license permit and compliance when it sounds like from At least Dr. Gleghorn, that there might be a need in future years. CEO
Miyasato has something to add here. Chair Hartman and board members thank you Supervisor Wolf for bringing that up because it's a very good question and distinction we want to make. What Mr. Buzanich has shown on this slide and the next one which he hasn't gotten to yet, I believe is what would be the cost for staff for the licensing permits and compliance should the board pass an ordinance? To enforce our ordinance for compliance permitting licensing which we would have for any type of program that would be covered by permit fees are the costs were showing on this slide. The next slide is also what we have estimated for enforcement costs and this again is an enforcement to reduce the unregulated market.
And as our representative from HDL said, it's to basically clamp down on the bad actors that we haven't been able to do so far because of a lack of revenue. This would be from our general county revenues The reason we haven't been able to do it to date is because we haven't had enough revenue or that hasn't been a priority given other needs. So this slide is what the enforcement staff would be, so Mr. Buzanich says there's about 20 for a full year for the first slide and then we show about nine and a half about, but you raise an excellent point because this is a question that we've brought up several times. What about other asks from departments? We haven't done that yet and should the board want to go forward with the ballot measure and we get tax revenue, that is something that we can discuss.
There's administrative costs, my office isn't on here, the auditor controller, community needs that you've mentioned aren't on here so this was just limiting it to the enforcement and the compliance costs.
Thank you Ms. Miyasato, I think that's absolutely imperative if we want as close to accurate numbers as we can get. Thank You. Supervisor Lavanino.
Thank you Madam Chair. I guess I have a question for the Sheriff's Department. How many people do we have right now in our narcotics division? That's their sole responsibility.
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Supervisor Lavagnino through the chair. So right now the Sheriff's Office has five narcotic investigators and one sergeant assigned to the unit, but that unit is responsible for all the various kinds of narcotics, heroin, methamphetamine. A little bit of cultivation. Cultivation when the National Forest has been our primary marijuana enforcement right now just because it's strictly illegal in the National Forest, but then that unit also assists our Criminal Investigations Bureau and homicides and any other special case that needs So when I look at this breakdown and we go back to the slide before, we're basically
Well, 12 altogether in the Sheriff's Department whether it's for enforcement or license permitting compliance staffing. So we're more than basically doubling our narcotics division.
Basically we're adding one whole unit and that was the estimates based on Granted, we haven't gotten any direction on how many licenses or what kind of licenses. But it was based roughly on two investigators assigned to licensing, two investigators assigned to compliance and then two investigators assigned strictly to illegal rows and then a sergeant to supervise that unit and two civilian employees to do data and analysts and other investigative needs.
I totally support and I think what I'm trying to show the public is we're basically going to put, we're gonna double the size of what everything that you're doing right now for opioids, heroin, meth. We're doubling the size just for cannabis so. That's correct. We are talking about a very hefty enforcement team.
Correct, because right now I mean even with the legalization or the licensing we're still going to have a lot of illegal grows all the jurisdictions have seen that continue use until you can get enough enforcement there because we'll still see the illegal grows in the national forest will still see the illegal home grows will still see the pangas coming up from Mexico with the marijuana deliveries so
Absolutely, and I think all the people that are actually trying to get licensed are going to be cheering you on to continue to eradicate the bad actors if they're paying these taxes and following through. That's correct.
Supervisor Williams?
Well and one more intricacy to that. Have you guys calculated how much, because remember every county that does not try to have an illusionary ban maintained is eligible for the law enforcement essentially portion of the state tax? Have you guys calculated what that would be for Santa Barbara County?
We haven't looked at that. We get a little bit of money from the federal government to cover the overtime for the illegal grows in the National Forest, but other than that we're not receiving any other money and we haven't looked into that yet.
So just so you guys can put into your calculations and obviously let's put this in context this is a department that's understaffed right now so we shouldn't view this all as additive some of this is going to be needed just to like You know, keep the lights on. But I asked the State Police Chiefs Association what they estimate the amount would be for our county and they said somewhere between one and two million of the state tax we would be eligible to get back. So just look into that.
Okay Mr. Bosanich?
I was going to check with Mr. Lovelace, he has had some work on that tax
issue. Yeah the um, I believe the piece that you're asking about in terms of the state cannabis tax there's a little confusion about it because there's a number of different pots of money. There are certain set-asides that happen right off the top to pay for uh the program itself and then from that 60% goes towards Social and public health programs. And the county and organizations within the county would be, including schools, would be eligible to apply for that funding. There's 20% that then goes to Fish and Wildlife Service and state parks for eradication enforcement on public lands.
And that's only to those two entities. And then there is 20% that goes to the California Highway Patrol, two buckets of that go to the highway patrol for specific purposes and then one bucket of that 20%. That goes to the Board of State and Community Corrections. And that's the only piece that is limited to those counties which have, you know, which meet these certain thresholds of not banning. So I think the figures that you are referring to this is all going to be competitive funding. There's not a formula funding that's going to go to the counties through that so I'm not sure where that million dollars would come from.
Now that all of that information you just gave me is totally consistent with what the police chiefs said except for the final. You know I just think it would be something for you guys to look into because obviously we
1:53 – 2:0818 turns
So continuing with the presentation, and I appreciate CEO Miyasato's explanation of the other part of the equation here which is the enforcement. Which important to note that this will be required regardless of whether we do anything with a prohibition or regulated industry. And you'll note the departments that contributed here, I will call out for Supervisor Wolf, the health specialist which was going to be needed also from public health to do the public education piece and to contribute in coordinating those messages to the public around this.
Mr. Buzanich, before you go on I just want to be clear before we get into the health impacts on the banking discussion. I just want to be clear that we aren't speaking for our elected treasurer tax collector Mr. Hagan he has been busy this is a very busy time for him he hasn't been able to participate to the degree that he'd like so I just want to be clear that what we're saying on the banking issues or any of these are really our interpretation and at some point Mr. Hagan should be speaking for himself in his office just wanted to be clear
So continuing on, I want to make note and I'm glad our Public Health Director is here as well. If she would like to amplify in these comments, if you'd like she's here and available but there was a Preparing for Recreational Cannabis workshop held in Buelton with the Chief Medical Officer for the Colorado Department of Public Health And then also a researcher that was brought to the table by our Director of Behavioral Wellness, Dr. Leghorn was able to get this top-notch speaker on the effects of cannabis use.
They, in their findings from the first two years of legalization that they identified some findings that I thought I wanted to recap here and that others may want to amplify. But there were significantly more high school youth who were using cannabis preferred to smoke it rather than using vape pens and edibles and a number of the other consumption Models, I guess. That tourists are a major increase contributor to the increase in emergency department visits Again many are not used to consuming but they're on holiday or on vacation in Colorado They decide to take advantage of the market there and the adult use opportunities there and then they overdose And end up in the ED The prevention messages in Colorado, it's been shown that they really need to be focused and relevant to the various populations.
Especially the at-risk populations, nursing mothers, teenagers in particular. That there are individual unique high risk parts of the population that they need to focus unique messages on. And that alcohol continues to be responsible for more illness and injury than any other drug, including cannabis. And the Public Health Department mentions in our staff report that it does support a measured approach to local adult use cannabis policies and implementing a robust public education program.
So I also wanted to provide just a brief update as we've noted during this presentation earlier the state did publish their emergency regulations from, as Mr. Lovelace mentioned, from the three different licensing authorities at the state level. They published it two days after our last board meeting on this topic on Thursday the 16th of November. And there are some significant and somewhat surprising changes.
So one that was kind of the most, kind of the biggest change for many of us who have been working at this is now effectively no limit on the number of licenses that a particular individual could purchase. And that they would be able to be brought together and aggregated, for example on a property. But it's also important to note both in the regs as well as in the statute there are some restrictions on the excessive concentration of retail and micro businesses still in place.
The premise of each cultivation site needs to be clearly defined with their application and with a specific location on illustration of what the legal parcel is. A new delivery type license, a Type 9 license has been added and this is specifically the delivery between basically the retail end of the supply chain where An individual consumer would be receiving a delivery rather than having to walk into a cannabis store or storefront. And so this has now become its own license type. Previously you will recall what we've talked about, what was in the statute was the ability to have a retail outlet that didn't, was not having a brick and mortar store open to the public but operated through this delivery system. This has now become its own license type.
That edible cannabis products will be limited to 100 milligrams of THC per package. And this is that kind of consistent dosing message that Mark mentioned earlier in his presentation and that anything else, any manufactured products such as lotions and tinctures would be limited at 2,000 milligrams of THC per package. And this will prohibit the sale in California of some of the very potent edibles that are on the marketplace.
Fees and fines are established by the three state licensing authorities through these regs. It's important to note that as similar to the draft regulations that were published earlier this year, recalled or taken back in October and then replaced by these emergency regulations in November. That commercial cannabis activity is including any part of the cultivation, possession, manufacturing, distribution, processing, storing, laboratory testing, packaging, labeling, transportation delivery or sale of cannabis and cannabis products As provided in that chapter. So while we've had some discussion in the past about what is exactly, what does commercial cannabis mean? It's now clearly defined in the regs and then by statute all licensed operators will be required to sell their products exclusively to other licensed operators in either the medical or adult use supply chains However, until middle of next year, until July 1st of 2018 medical and adult use licensed operators can sell into either supply chain.
And this is a way to prevent some of the problems that happened with product availability in Nevada you may have heard stories about cannabis shops running out of product It was because there weren't enough licensees of all the different parts of the supply chain in order to be able to do that. So they'll be able to have a grace period on the requirement to stay within their discrete supply chain.
So you also asked us to, on November 14th, to come back with some additional information on state temporary licenses. And part of that was to bring something for final approval. We have done that at your request and based on the discussions that we had on November 14th as well as what was then published into the regulations on November 16th And on the slide here and in the staff report I've excerpted the language around what other authorizations are defined as from those new regulations. Again, we did not have this on the 14th. This was not available to us until the 16th.
of November, so other authorizations shall include at a minimum a written statement or reference that clearly indicates the local jurisdictions intended to grant permission to the applicant entity to conduct commercial cannabis activities at the premises. So that's an important distinction about what it intends to do. Medical cannabis operators that believe they meet the exemption terms, and I would say that believe they are legal non-conforming under Article X of Chapter 35 of the County Code could submit a letter of request to the CEO's office or any other department you may wish.
They would, in the body of that request they would be requesting some form of this other authorization as we discussed on November 14th the possibility was to include a sworn affidavit attesting to their qualification for that legal non-conforming designation under Article X It would require them to include details and descriptions of who, where and when medical cannabis cultivation began.
It would also require them as the board directed us to require a proof of property owner approval for cannabis cultivation at the particular site. And documentation was requested that they provide on the status of any odor control system and a security plan. On this item, and we'll really with the suggestion based on the roadmap I presented at the beginning.
We would suggest that the board take action later today either take no action that is to don't authorize our office or any other county department to provide the letter of authorization that is in your packet today or to direct staff to provide a letter and I would just simply note that draft letter of authorization is just provided for your consideration at attachment C in your packet today.
And Mr. Gazzone has something to say.
Chair Hartman and Supervisors, I just wanted to underscore Mr. Bozonich's comment about the state emergency regulations being very recent to us and in fact although they were provided in draft form in mid-November it wasn't until December 7th that the State's Office of Administrative Law made these regulations effective so essentially the staff presentation is reacting to regulations that became effective on December 7th. So I expect there'll be some iteration back and forth with the board on this.
Supervisor Lavinino.
Thank you Madam Chair and temporary licensing being three months, 90 days so that's at that point they would then have to do what? They would have to...
Yeah. Chair Artman, Supervisor Lavinino. So the state temporary licenses are good initially for 120 days with 90 days renewable With the requirement that they've submitted to the state their application for a
regular annual license. Okay, and then put that into the timeline that we're working off of so when are we anticipating to finish our EIR? And when do we anticipate bringing our ordinance before the board?
Supervisor Lavinino through the chair, we're still on a timeline you'll see in the final slide of February 6th is when we would bring it for first
reading. Okay so if we granted somebody a temporary license at this point it's only... Am I getting into shady area here? Just who's wearing the hat. It would be this state who's actually issuing the temporary license. Right okay right so the state would issue a license and then By the time that first initial period is up of their temporary license, we should at that point have an ordinance in place.
Chair Hartman and Supervisor Lavagnino, yes unless you live in the coastal zone. Correct. We're going to get to that. Get to that. OK. All right. Thank you.
Supervisor Wolf. Thank you Madam Chair, Mr. Bozonich the letter that the sample letter that we have in our folder isn't doesn't say it's a letter of authorization right so I just want to be clear that that's not what this is.
Chair Hartman and Supervisor Wolf it does not say it is a letter
Okay. Mr. Gazzani, do you have any comments on that?
Just going back to my comment before that again this county has its Article 10 medical marijuana regulations that have been in place for some time there's an urgency ordinance general prohibition that's been in place and then on top of that December 7th last week the state's regulations became effective as to what they wanted For this other authorization. So there is some tension as to what the county can provide under its ordinances and what the state is asking for under it's one week old regulations,
right? And I guess I just want to go back to article 10 because this is what I pointed out whenever we had this meeting and that was when we did Article 10 There was no entitlement for a permit variance or building permit or any other entitlement license or permit That was the intention when we passed Article 10. So anyway, I'm glad that you clarified what this letter is and what it is not. Supervisor Lavanino?
Thank you Madam Chair. So Article 10 also was to allow people that were legal nonconforming which we never determined who those people were and who we never made a final determination if they were legal nonconforming or not. So Article 10 can also be changed by three votes of this board at any time so I think what we need to do is basically work on this letter later and find out exactly how we want it to look. Because I also think Dennis is in a weird position that we're gonna send these letters, and I think we're gonna need to make direction to the states. Can I call Dennis?
And say, okay what does this mean? And we're gonna have to have some sort of a prepared response from county council. Whether that's silence or it's an explanation or something that Dennis can feed back.
2:08 – 2:2220 turns
Supervisor Wolf. Thank you, Madam Chair. Unfortunately or fortunately this issue had come up before about what we do with legal nonconforming and we had a whole ordinance in place that was going to deal with that and it was a process. It was a procedure. It was well thought out. We had staff go through it and at the last minute that was decided that wasn't appropriate and so now all of a sudden we have this leak, this letter which no one really knew about At that time, and now we have more information from the state about what that letter is supposed to include.
And yes of course we can change any ordinance with three votes but I also think most of our constituents would probably like some certainty in what we've done in the past and especially when we're looking at something that is so significant And to just change it willy-nilly when we had a better process in place, which some industry folks apparently didn't like. So now we're stuck with this letter that no one really knows what it means or what it will do whereas the ordinance was a much better process that unfortunately we didn't pursue.
Mr. Gazzone and then Supervisor
Williams. Chair Hartman and Supervisors, again we're facing regulations that have been in effect for a whole week and this is an area where the staff report was out before those regulations were actually in effect by the state But this is an area where you have received written public comment on different suggestions. The board will have an opportunity today to go back and forth and provide direction on this area, and we're prepared to work with you as you direct on this.
Thank You Supervisor Williams
I will remind Supervisor Wolf that you led the charge against the legal non-conforming process. We all didn't like it, it seemed kind of a little bit strange of a process to do and I don't like the fact that the state did temporary licensing at all but we do have to deal with that fact.
Back
to Mr. Bosanich If I could just say that honestly, Mr. Williams, I don't need to be reminded about anything that's been going on here because this whole thing when we first did Article 10, I was on the board when we did that and I know full well what our intention was And I think members who were on the board at that time agreed that it was just to allow a very, the marijuana cultivation and there were certain rules in place at that time. And now it feels like we are trying to circumvent those rules.
So your board on November 14th also asked us to come back with, provided some conceptual direction to staff about how to respond to state licenses for cannabis operations seeking the annual licenses during this transition period that we've discussed with your board previously. So in particular if you think about it for the inland and coastal areas, this would be between January 1st 2018 and then prior to the implementation of any ordinance that the board may choose to adopt. around business licensing and land use permitting.
Staff would respond during that period, that initial transition period would respond to the state within 60 days that all applicants until your possible ordinance becomes effective, all applicants are legal non-conforming medical cannabis cultivators pursuant and this will result in a denial of their state application So we also have this period, we kind of call it the coastal zone problem in the sense that it will take maybe as long as 12 to 15 more months after your passage of the ordinance and it becoming effective and the Coastal Commission certification But I'll also make a couple of additional notes of things that might influence and create a bit of a transition problem for others. For example, if they are growing cannabis in hoop structures you are set later in 2018 around mid-year to consider a hoop structure ordinance and so to the extent that they may be proposing a hoop structure operation you may also see them as not Yet ripe for any kind of a.
I don't know, what do I want to say? Validation from the county that they are in compliance with our local regs because in the example of hoop structures we don't have those quite yet. Another one would be if your board in our later deliberations around the ballot measure decided to add a component to that that would require the passage of the tax in order to allow the licensing and permitting program to proceed around cannabis, that might also create a bit of this transition period.
So one of the possible solutions for anybody in those particular circumstances where there is an additional transition period after your board adopts the cannabis licensing and permitting regulations there would be then the opportunity, if your board so chooses and we're seeking direction later for their ability to fill out some kind of a application for being able to do this.
And that then based on that, we would figure out if that application or request was complete based on what we would recommend that it include And that as long as they were actively participating in a consultation process around having their operation meet the requirements as laid out in your then board-adopted licensing and permitting scheme, we would remain silent to the State of California about that which would have the net result of their state license being approved under the current regulations and statutes.
I want to be clear that they would be able to get the state license in that transition period whether they're in the coastal zone, operating in a hoop structure, in a tax measure. But they would have to participate in this consultation process. This is what we're proposing and that failure to participate actively in that consultation process could result in a notification of noncompliance If the cannabis operator would not be in compliance even later, we would also notify somebody that state that they're not in compliance. So an example of this might be that we look them up and you set a buffer of some unknown feet from sensitive receptors If that operator was inside that buffer of unknown feet, we would say that they're not going to be in compliance with our local regs.
We would inform the state at that time that short of moving the sensitive receptor or their operation, they would not be in compliance. So that's an example where we might notify the state that they're not in compliance rather than stay silent and then staff just recommends you receive this We would want to confirm that this is board's direction and direct staff to implement this process.
So lastly, here's a timeline of some future public hearings for the publics and as well as for the board's consideration. So on January 3rd, the Montecito Planning Commission is set to hear a recommendation. Pardon me, is going to hear back on the environmental impact report and then make recommendations to the county planning commission which may eventually roll up to you as the board regarding Article 2 in the Montecito Land Use and Development Code Amendments associated with the EIR.
On January 10th, the County Planning Commission is going to hold a similar hearing. Consider the findings in the EIR, certify that and then make recommendations to your board about the land use and development code amendments. January 30th, we've tentatively identified as an opportunity to bring back the ballot measure and tax ordinance for the June 2018 election or holding that over until November 2018. 208 has already passed.
Then on February 6th, the plan would be to bring both a land use permitting draft ordinance amendments and then a draft business licensing ordinance to your board for a hearing. And then following that somewhere in June 20, or somewhere probably by June 2019 the Coastal Commission Certification and any recommended amendments that they may have to the ordinances that would be adopted on February 6th. So hopefully that provides a bit of timeline going forward of what your board might want to consider.
And then I'll just leave this up as the recommended actions today overall. Just providing some direction to staff on the ballot measure, providing direction to staff on the state temporary licensing including the letter and then directing staff to go forward with implementing the transition period plan between June and mid-March as well as then, pardon me January and mid-March. And then as well for mid-March through perhaps spring of 2019.
And that concludes my presentation.
Supervisor Adam?
Can I ask if there's any vision in terms of, and I know we're not going to do this now but in terms of putting together a matrix of instructions. Is there gonna be like a forget what you call it during the budget? I call it the candy store. You know what I'm talking about. Are we gonna put together a spreadsheet on our options here Or are we going to go through these slides like 16 for tax measure options worksheet? I mean, is that the vision?
Good question. So for the discussions on these particular items where we're asking for direction, particularly on the ballot measure, we have a well-developed tool that was attachment B in your packet that really does go through the decision points so we do have that matrix. The other ones In terms of process around the, what do we want to do or what would you like us to do as your staff in terms of temporary state licensing? It really is. You've got a sample letter if you'd like to obviously make edits where we're happy to receive that information and then finally just looking for direction to either do that or make no recommendation or make no direction to staff on this
thing. Madam Chair, we're going to do this at the end Public comment,
what's it look
like?
I'm proposing a slight change from what we initially thought because of the time. I suggest that we take a 10 minute break and then come back for public comment on the entire matter understanding that the key decisions to deliberate for the board today are indeed the tax structure, the ballot measure And whether we have a letter of authorization, the temporary. And then I guess there may be issues related to the transition period that we could decide or not. What we're not looking at today though is the EIR. We don't have that. The land use issues and there was an attachment but I think that attachment E or something but we probably won't get to that today.
So to the extent that people can focus their public comments on those issues that we actually have to make decisions about, that would be extremely helpful. So does that sound okay? A break, come back, public comment then lunch and closed session?
Yeah and maybe our staffs can be working on our position. Okay thank
you. And how many speaker slips do we have Mr. Allen?
32.
So we're going to have to limit it to two minutes. Otherwise, we're just never going to get through it. And so and
Supervisor Wolf? Thank you. Just real quick Dennis on item H which is the annual non-temporary state licenses and the transition period. And then you mentioned something about staff doing a consultation. I just want to say at the outset that's not clear to me. So when we get to that decision point, I'm going to ask that we just have more information. Thank you.
2:22 – 2:372 turns
2:37 – 2:4414 turns
Thank you for taking your seats. We're reconvening the December 14th special meeting of the Santa Barbara County Board of Supervisors here in Santa Barbara. This is my last meeting as chair, so I'm going to use this thing. And we're about to turn to public comment. We have 30-some speaker slips, so it's going to be two minutes and we're going to ask you to please line up so we don't lose a lot of time as people walk up to the podium.
So Mr. Allen would you get us started please?
Chair Hartman and members of the board, we are going to start in Santa Maria where we have speakers this morning. And our first speaker is going to be Rene O'Neill to be followed by David Cleary and then Lil Cleary. And I'm going to be reading the names a couple in advance and as your name is called if you're not the speaker that's currently speaking please stand up and kind of get ready and move your way towards the mic so we can keep this moving. So we're going to go to Santa Maria for Rene O'Neill and then David Cleary
May I ask a question before I start? Is my slideshow presentation going to be visible? Your
slide show is ready to go.
Okay, thank you. Honorable Chair and Supervisors last minute adjustment in eliminating... We aren't hearing you as
loudly as we'd like to however.
So what can I do?
Speak
close to the mic that
might help.
I'm very close to the mic. I'd be putting my mouth on it.
They're turning it up.
Thank you. While they're turning it up, I just wanted to say I was planning on speaking to Attachment E. But I can tie this slideshow into issues with law enforcement and taxation. So Honorable Chair and Supervisors, the slide show is a presentation of a very minuscule version of the traffic that goes through our front yard 53 feet from my door on a regular basis. I'm getting feedback.
We have thousands of these photos identifying traffic that goes to just one farm being used by one grower on a daily basis. And I'm asking you to consider requiring growers to post bonds, as they do with casinos and tobacco companies, to cover the cost of enforcement ahead of time. We shouldn't have to put the cart before the horse, Suggest or mentioned that there's no funds in the county coffers to cover the enforcement right now.
We're for years dealing with the problems that this is creating in our community, Tapiskaya Canyon as it is in other communities. We strongly recommend suitable zoning in Ag 1 and Ag 2. We strongly recommend prohibiting the hauling of water to cannabis grows, which have continual stages of plant development year round. We ask and plead that you provide immediate enforcement to reduce the abuse of our community safety by the reckless practices of the drivers who refuse to abide safe speed laws, stay in their traffic lanes or be considerate of other drivers.
We support immediate and strong language for penalties and encourage the good actors By allowing them to have permits and to catch him being good. I have 161 petitions signed from our, I have 120 signatures on our 161 petition. That didn't make sense but you know what I'm talking about thank you.
Good morning, my name is Dave Clary. As of next Tuesday my wife and I will have lived in Tepco Canyon for 21 years so I've had to change my presentation a little bit because the topic is limited but I think taxation's a critical issue when you're coming to enforcement. The state law I hope Sheriff Homestead is accurate. He found some money in the state law for local entities, I found nothing in the taxation section.
The initial part of that law says that 4% is to go of the cannabis proceeds, tax proceeds are to go to enforcement. I mean not to enforcement, I'm sorry, to the administration and To collection, and so I interpreted collection perhaps only erroneously as meaning. Including enforcement of the very tough state laws regarding taxation they are really tough. But I made it be wrong on that in so if you have tough loss enforce unenforcement and no money what good does that do? And that's the state law. So, I think we're going to wind up counting on you a lot. And I think illegal grows one very strange thing the statute SB 94 says illegal grows growers after the law starts those who do not choose to go choose the legal route.
They will have to pay three times the cost of a license. And the statute says that these charges are cumulative for every single day that the violation is in existence, and their regulations did not include that final part. So if someone has to pay a license fee because of the regulations which didn't include the statutory language, the cumulative language Then that's meaningless. So we're down to enforcement against illegal growers by us, by us in this community.
I'm much encouraged by your looking at using the enforcement method by misdemeanor and probation with the DA brought in. And I congratulate you on that. So that's all I have to say, bye.
2:44 – 2:5512 turns
My name is Lil Clary. I'm a resident of Pepisque Canyon and I've been attending your meeting since last spring. And here's what I have observed. First, the supervisors, the planning commissioners, members of the original ad hoc committee and all county staff we work with are concerned about balancing the need for tax revenue with the overall physical and social environment of the county. And for that, I thank you.
Second, the public face of cannabis cultivation at these meetings is generally a very bright young people who say they just want an opportunity to earn a living growing cannabis and to support their families. Unfortunately I can tell you that none of these earnest young people are anywhere near Tippiscay Canyon. The face we see in Tepeskay Canyon is sleazy and criminal.
Therefore, I am very pleased to see the positive proposals for positions especially in law enforcement. And thank you Sheriff Olmstead. I would like you also to consider that you may want to fund because as prices drop and these cultivators go bankrupt someone will have to pay to clean up the environmental damage they leave behind. They will walk away leaving trash, polluted sites and damage to our water supply in Pebesque Canyon.
Hopefully the added positions supported by the tax structure will help close down the illegal operators before conditions they will leave behind get any worse. I thank you very much for your time today and appreciate your efforts. Thank you.
Steve Junak be followed by Joe Armendariz and then Denise Peterson
Thank you I'm I was here to speak about land use issues today and I will. Postpone my comments until the appropriate time when you cover that in one of your meetings thank you.
Good afternoon, I'm Joe Armendariz representing Santa Barbara County Taxpayers Association. Appreciate the opportunity. I think that one of the things I would suggest you try to do with respect to sizing any tax instrument as it relates to this industry is make cost recovery perhaps your only fundamental objective. Somebody earlier suggested or in some way compared this particular industry with the oil and gas industry. I would just remind you that in Santa Barbara County, we consume 146 million gallons of gas a day and don't nearly produce as much as we consume. The actual opposite is true with respect to this industry. And so I would say that, to the extent that we want to incentivize the expansion of this industry in the future particularly in the Carpinteria Valley where they're having substantial and significant impact issues should be considered very carefully by this board.
Finally, I just have to acknowledge and I know maybe Andy might talk about this. I don't think anybody on the board was around at this time but in reading the city of Carpinteria's letter to your board, I couldn't help but appreciate the irony Greenhouse growers including many of the van bringer dens 15 plus years ago warned the county that if they pursued the draconian regulatory scheme on the flower growing industry there would come a day when the only economic viable industry in the valley would be marijuana growers. Everybody thought that was a joke everybody thought that was being sort of an attempt at hyperbole well In fact, it ended up being true. And I would say with all due respect to Supervisor Williams, it isn't the trade policies necessarily albeit they may have an impact.
It's unquestionably the county's regulatory imposition on industry in general, the flower growing industry in particular and of course, I would say by extension, the oil industry today and ongoing. Thank you.
Denise Peterson then we're going to come back to Santa Barbara for Fred Shaw and Andy Caldwell.
Madam Chair and Supervisors, my name is Denise Peterson. I live in the Sabata Canyon area. My speech today was going to be directed towards land use but I do have issues also on safety. In our high fire area, is locations going to be considered when issuing licenses? Rural is a broad term. Our development is rural but we are also a residential community with homes, family and livestock.
Since all these growers do not have permits in our area, they have been reported to county law enforcement. How are things going to change after the first of the year? Can I pick up the phone and report them? Is anyone going to come out? I do not see law enforcement present at all. This is very important to our safety. There's one very large operation at the entrance of our canyon.
If they were to start a fire by hot lights, other via volatile means of cultivating we would all be trapped no way out. None of these growers have inspectors for electrical, grading, well tests, weed abatement, all requirements that would fall under a permit yet you allow them to continue to exist endangering everyone in our canyon. Running a business, cannabis growers applying for permit should go through the same process for a conditional use permit. Notifying neighbors of their intentions so we have the right to appeal their permit requests.
A conditional use permit, the requirements, the project must not be detrimental to the comfort, convenience, general welfare, health and safety of the neighbors. With these growers' intimidating attitude, I do not feel safe. Water usage is a very important issue. These grower's houses are demanding a lot from our groundwater. Once our groundwater is gone it's gone and the residents here have to deal with this alarming fact.
With climate change, we are too vulnerable to fire. For these reasons I strongly urge you not to allow the commercial growing of cannabis in the Rancho Santa Rita estates and existing rural residential development. Thank you very much.
Mayor Fred Shaw, then to Andy Caldwell, then Anna Carrillo.
Good afternoon Madam Chair and members of the board. I'm Fred Shaw, mayor of Carpinteria with 52 known operations essentially across the street from our residence we're living with the effects of cannabis daily Our high school is even surrounded by cannabis growers. The city receives calls, emails and texts daily concerned about odors night lighting and public safety with this in mind on behalf of the city I urge the board to not take any actions to support or enable cannabis businesses to acquire temporary or annual state licenses prior to the adoption and effectuation of the county's own Cannabis Land Use Ordinance and licensing programs. Thank you very much.
Mr. Caldwell, be followed by Anna Carrillo then Mark Ashomala
Madam Chair, members of the Board. I'm Andy Caldwell representing COLAB. Our board won't be meeting on this until January so I don't know what they're going to decide but I have a feeling that we and the taxpayers may get involved in the tax ballot measure. There's – and I'm going to be talking out of both sides of my mouth because you know this thing is so far and wide ranging We can't foresee you guys issuing licenses apart from the tax because then you'd have another $4 million hole in your budget.
But at the same time, you're going to have to ask these people to go through a permitting process which gives them certain rights based on the fact that you're going to be taking fees. We don't know how much you're going to charge in terms of fees. We don't know how much you're going to charge in terms of conditions for approval and where that money, especially the money from the taxes will go. Is it just going to disappear into the general fund?
We don't know whether or not you're setting up these growers to be competitive or to fail. We don't know whether you are going to create competition for legacy ag commodities or not, or undercut them. We don't know what the land use controls are going to be. We don't know if there's gonna be a spillover effect to other ag commodities based on these, i.e., is this the first domino to fall?
One of the biggest things we're concerned about is whether you guys would get dollar signs in your eyes and say, you know what? If we get this money coming in, we no longer have to cater to or permit legacy industries. You've already kind of pretty much got rid of short-term rentals, the wineries that got a kibosh on them, greenhouses and carpentry put the kibosh on them 20 years ago, and of course oil.
And we do not want to see the legacy industries replaced. Thank you.
Anna Carrillo to be followed by Mark Asimala and then Nick Bobroff.
Hello. Due to the fire, I don't have my notes as well organized as I would like. Okay, I would like to say when I added up the two pages of the expenses came up to $4.3 million when I looked at the 2018-19 year. Didn't see money for social services or the education for youth and pregnant and nurse feeding women. And I'm adding about the social services because there's a quote from someone from Colorado that the homeless population increased so I see that as something you need to be aware of.
If you're going to have the tax, I think it should be in April to get the money in as soon as possible. But I have a question if the taxes are countywide would that then allow the cities to get some part of the revenue or is it just going to be in the unincorporated? So that was a question I had about that. I think it should be a general purpose tax because I think we need to pass it, but I also think the whole permitting process should wait.
I hate to say this, but I think it should wait until you have your rules in place and pass the tax because otherwise you're going to have a poison pill if the tax doesn't pass to shut down the operations and people might vote against it just to get rid of the industry because we're having so much trouble here in Carpinteria. One comment I have to make is there has to be no outdoor, no hoop, no shade, no personal cultivation outdoors because we're having the problem with the greenhouses and they are somewhat enclosed. They are enclosed and the outdoor would have no odor permits at all. Thank you very much.
2:56 – 3:0410 turns
We're going to go with Nick Barbara followed by Ben Williams.
Good afternoon Chair Hartman, Supervisors I'm here representing the City of Carpinteria we've submitted a comment letter to your board which I believe you've all received but I just wanted to reiterate a couple key points there. The city is particularly concerned with the contemplated interim licensing strategies In terms of the temporary licensing strategy, we feel that unless the county can develop a way to individually verify the legal non-conforming status of each existing medical grower then the county shouldn't be issuing letters of authorization on their behalf. We believe that a non adjudicated letter would not satisfy the state's requirements In terms of annual licensing, we also see a number of problems with the county's contemplated approach here.
We believe that issuing provisional approvals or authorizations prior to the ordinance taking effect in the coastal zone is problematic. For one, we don't know what that final ordinance will look like. We all know in terms of your board and your staff that it's very likely the final ordinance adopted by the Coastal Commission or certified by them will not mirror what the county approves. There's likely to be changes here and that poses problems where Uses are allowed here prior to the ordinance taking effect in the coastal zone and then runs counter to what the final ordinance looks like. We also believe that in the instance where the county might take action to authorize uses that are not currently allowed under the county's current zoning ordinance, Coastal Zoning Ordinance that again you'd be creating regulatory problems down the road.
State for example if manufacturing ends up not being allowed in coastal ag zones and provisionally the county is issuing authorizations for those to occur Finally, we note that in terms of environmental review the interim licensing strategy has not been addressed in your EIR for the cannabis ordinance and it's unclear how or under what mechanism you could actually require enforcement with mitigation measures or compliance with regulations coming out of the ordinance if it's not in effect. Thank you
Ben Williams to be followed by Sandy Pierce and then Charlotte Brownlee
The latter two are on my staff at CATE. I'll speak for CATE school today. I'm the headmaster there we submitted a letter, I hope you've read it and so you know our thoughts on this. We oppose any cannabis cultivation in the Carpinteria Valley with respect to land use we hope that at some point will have an opportunity to make comment in regards to the issues under consideration now I'd like to speak to the interim period question and how you handle that Kate School has been part of the Carpinteria community for over 100 years.
Marketing a boarding school, in particular is marketing a town. My Board of Trustees and the community have had extensive conversations about this issue. We have lived in Carpinteria through world wars, through fires, through droughts. We are currently not on our campus right now because of the evacuations. We see cannabis cultivation in the Carpinteria Valley as the greatest threat to our school in its history and we trust that as you go through this process you will consider carefully any interim licensing. We ourselves as an institution have just gone through the conditional use permit process We updated it and got our new conditional use permit in June. It was a three-year process during that time we had a single neighbor who was concerned about the odor that came from a wastewater treatment plant we constructed on campus in order to conserve and reuse our gray water as a result of that process The commission required us to cover that facility completely at great expense to Kate, which we were happy to do ultimately because of the impact on a single neighbor.
You are now talking about growers who are having dramatic impact on every resident of the Carpentaria Valley and you must use the same cumbersome process that we went through to make sure that those mitigations are complete and thorough, and that we are not impacted adversely by someone else's operations. Thank you.
Sandy Pierce be followed by Charlotte Brownlee and then Leo Elevitz Sandy and Charlotte are both passing. Okay, then we'll go to Leo Elevitz Leo here Paul Ekstrom It's Paul here Bruce Watkins And then we'll go with Steve Decker following Bruce what I
All right, thank you all. So my dad used to always say to me, son if you're going to be a bear, you gotta be a grizzly bear and what he really meant by that was if you're gonna choose to do anything don't do it halfway I think it's only fitting the California state flag has a grizzly bear on it because our spirit of get it done, go big or go home is probably unequaled anywhere in the world. And so I just wanna take a moment to kind of focus on what I'd call being a grizzly bear here in Santa Barbara County. The licensed cannabis industry is the fastest growing industry in the United States right now, in both job creation and year over year growth.
Here we are in Santa Barbara County. We're 2.5 hours north of Los Angeles and Southern California. We're 3.5 hours south of the Bay Area. Southern California is arguably the largest market in the world in this space. We have a clearly strong agricultural community, infrastructure and resources. We have the perfect microclimate. This oversupply issue This is the whole reason I came here. The first time I ever spoke to you guys, I spoke about the guillotine and that issue. And we have the perfect microclimate for low cost production of a very high quality product here. And we have a built-in branding advantage. This is Santa Barbara County. It has Panache built in.
If you look around Southern California at the county bands in place, Ventura County, Kern County, Riverside County, Orange County, San Diego County. It only leaves Los Angeles and Slope County and us positioned to serve the largest market in the world. Page 7 of your board letter for this meeting shows, according to HDL, we were talking about just 15% of this year's registry would yield about $20 million in annual county tax revenues. The 608-page preliminary EIR the County Commission with Anne McFoster Wheeler recommended avoiding restrictions in each of the alternatives presented in the concluding section of that report. This county really can be the most successful county in California and by extension offer the most highly prized cannabis appellations anywhere.
And that is your time. Thank
you.
Steve Decker, we followed by Mike Byers or Mark Byers pardon me and then Dr. Michael Masterman Smith and I believe Mr. Decker has a slide.
Madam Chair, members of the board and staff. To the point of the gentleman from Humboldt County earlier today about the impact on the market from taxes this is a chart that I picked up off of a website called Leafly and it made the point that Washington's tax rate Is has resulted in a 41% of its state cannabis markets still being illegal. Look at California's proposed tax levels as an aspiring local cultivator, I can tell you that my biggest competition looks like it's going to be the legal market.
And our cost of doing business legally is going to be so burdensome that, to Mr. Lavinino's point I'll take the exception that out of 10 people that get into this there may be no people left over After trying to be in the market legally. So I encourage the board and you're going forward with your process and so forth to be very encouraging, very supportive of the people that do want to take a chance in this market legally.
And to give your support allowing us to vertically integrate and this is gonna be a critical, Mark Byers, followed by Dr. Smith and then Patrick Lang.
3:05 – 3:1111 turns
Hi, my name is Mark Byers. I'm the owner of Byer Scientific and Manufacturing. We're based in Indiana. I flew out here today to address the board. We're an odor mitigation company. We focus on solid waste and agriculture. Some proactive growers in the valley here have sought our services and I just wanted to inform the board with respect to the cost structure that these folks face within the context of taxation etc.
Odor mitigation is not an inexpensive proposition. Initial cap costs, capital expenditures can range from 60 up to $100,000 initially. Subsequently anywhere from 40 to 60 to 70 thousand dollars a year to continue to maintain the system so the cost structure that these folks face is not necessarily as well known as it may be I wanted the board to be aware of The significant cost involved in doing the right thing, which many of them are thanks.
Doctor Michael Smith Patrick Lang and then will you hop a?
Good to see you happy holidays. I want to thank you Supervisor Lavagnino for and the other members of the board for recognizing memorializing John Shostanko he was my friend. He was my partner and On behalf of that, you know we're here today and he always said his big term was he was a cannabis patriot. And I think everyone in this room sort of can is going to be the spiritual heir of that thought and philosophy and identity so we stand on the shoulders of giants and John definitely was a giant to all of us.
So today I'd like to speak against agenda A It's clear we do not understand the economics of our industry enough to determine a tax structure that would be appropriate for it to grow and reward both our industry as well as the citizens of Santa Barbara. So I recommend to the board not to take any final vote today. Let's take it easy and walk through this, get good data, get good models, and then let's make a decision as to how we're going to regulate this industry and tax ourselves.
We do want to be taxed. We want to be contributors but we can't damage the industry in the process of trying to solve that problem. Thank you very much. Have a good holiday. And we go from here.
Patrick Lang followed by William Hoppe and then Mr. Trotter.
Hello supervisors nice to see you today happy holidays I really appreciate your tribute to John Sashenko he was my partner as well. I invited him here to Carpinteria about a year ago to start the project and his participation in these meetings was I think it was important to the meetings themselves and it was very important to him And I think that he spoke very clearly on many subjects that needed to be cleared up.
And I've just watched you guys and everybody evolve this discussion to an amazingly sophisticated level, and I think we need to continue I think that there is a quest to make this a better discussion and better informed discussion. And as Dr. Masterman said, I think the tax matter is something that needs to be further discussed and will only be resolved with further discussion.
You know, I do think the gross tax makes the most sense. It's the only thing that is kind of fair across the board. Yeah, a lot that I would like to say. I'm a little upset with somebody else but thanks again. Happy.
Yeah, if
I could ask the last speaker. Sir could I ask you a question? Which is you think the gross tax, gross what?
Gross revenues.
Gross receipts yeah thank you.
Good afternoon. First of all, I also want to thank you for taking a moment to remember our friend John Stashenko. He was a wonderful man. My name is Vilja Hape. I'm a long-time farmer in the Carpinteria Valley for over 30 years. In order for cannabis growers to take steps towards state compliance it is important that counties issue letters as soon as possible to current operators in the county.
I was going to stop there, but then I realized that you received a letter from the City of Carpinteria and I would like to add that I stood here at this podium 30 and 20 years ago applauded by the City of Carpinteria who said they were so happy with the greenhouse owners in Carpinteria. Not only because of the tremendous financial contributions we made and still are making to the community, but because our ring of greenhouses around the city limits Carpentria can keep its small-town feel, and no box stores like Costco or Target can move in. And now Carpentria City is just sour that we changed to another crop.
Finally, I'm in greenhouse operations in Carpinteria seven days a week. I see these young people work. Most are American-born, have a two year college degree education from Santa Barbara City College and are making up to $20 or even more an hour and spending all that money locally in the city of Carpinteria. Without this new daily influx of money into the city of Carpinteria businesses, Carpinteria storefronts would look like State Street. Just these past two years many new retail and restaurants opened in Carpinteria and they are thriving! These young employees ages 22 to 32 are working hard paying taxes and contributing into the county.
Finally, in two years there has been no increase of crime in rural areas of Carpinteria. And finally please cannabis does not use more water than cut flowers. I know because I grow both. Thank you
Mr. Trotter to be followed by Eric Bjorklund and then Liz Rogan
3:11 – 3:176 turns
Madam Chair, Supervisors thank you so much. I'd like to address a couple comments that were made first one to Mr Adams about visiting a farm this last week and seeing the price at $500 yes that's true this is the wet season the dry season it will go up things are seasonal as you so well know in the farming industry. The second part I'd like to address to Mr Adams is Extractions, manufacturing. I do not cultivate. There is no such thing as a duck, a fish, a deer or a moose lasting 10 years in any kind of freezer and not tasting like a shoe.
It won't sell. All right. The next thing that I want to go to is Mr. Lovelace, you spoke of there being over 1,000 manufacturers. I find this to be incredibly interesting. Does that include people who are cooking? Does that include all the other aspects, the edibles? Because if we're talking just manufacturing of oil, I know that it takes approximately $500,000 to set up one machine.
I don't think we have that many machines in the state of California. I happen to know that there is only one in the city of Santa Barbara, there are several in the city of Goleta and there are several in the San Yanez Valley. Thousands? I'm not so sure. When you talk about the immense amount of cannabis that's going to be on the market Most of it's coming from Northern California in the gray area, not here. I think we're going to have a better regulation, Brian right there and his commander and partners will take care of that. As far as giving me a license, I need a license. If you give the temporary license to the growers and I can't buy from the growers where do I go? Thank you so much for your time.
Eric Bjorklund to be followed by Liz Rogan and then Kristen Van Wingerden
Thank you honorable supervisors, staff, departments, shareholders that are here today and the citizens of this great county. We have matured to the age of commercial cannabis Because of the state's emergency regulations for cannabis cultivations and because of the unexpected opening up of the industry to large corporations, to cultivate more than four acres of land.
We now have cultivation project in the Salinas Valley which encompass over 2000 acres each. These large projects will be our immediate competition here locally. I believe that in order for our cannabis businesses and for this county of Santa Barbara to receive their fair share of cannabis revenue and taxes, we need to be competitive with other counties and cities throughout the state of California.
We need to focus on the marketing and the taxation departments. If our government overhead is higher or more restrictive than those in Salinas or other counties, then we will lose our market share to other farmers. Thank you very much.
Liz Rogan be followed by Kristen Van Wingerden and then Sophia Van Wingerden.
Good afternoon Chair and Board, thank you staff. Thank you for your time today my name is Elizabeth Rogan I am on the board of the Cannabis Business Council of Santa Barbara County also wanted to thank you for taking a moment for John that meant a lot and I also want to thank you guys because I know in going through this fire I've seen specifically Doss Williams and Janet Wolfe on TV and as we're evacuated I really appreciate just knowing you guys are there with us and thank you that really does mean a lot Through this time kind of knowing that we're together in this so Essentially back to the topic. I wanted to say that the board we do not support the proposed recommendation We feel that the rates are too high and not sustainable if you look at a cultivation tax of 4% gross receipts and a manufacturing tax of 6% It would not facilitate a successful robust industry in this county Many operators are not going to seek licensure or relocate elsewhere.
As you can see, Santa Barbara has made a lot of progress so has Lompoc. So I would urge you to also kind of stay in line with them so you can be competitive and also there's a lot of land in the county but obviously it will not support the numbers that you were talking about with thousands of operators Also, the state tax of $9.25 an ounce for flour and $2.75 for leaves and a 15% excise tax plus the new annual licensing fees will tax the industry at 40%. And as you said Supervisor Adams we don't feel that this is sustainable at all it'll definitely drive it towards the black market so I ask that you do not take final direction today asking for an opportunity to continue the conversation thank you for your time
Kristen Van Wingerden, to be followed by Sophia Van Wingerden and then Aaron Weber.
3:17 – 3:258 turns
Good afternoon Chair Hartwoman and Supervisors. In order for cannabis growers to be successful in Santa Barbara County, your leadership and sound decision making in today's meeting is crucial. I am the wife and the owner of the third generation grower of two farms in which currently is cultivating cannabis in compliance with Article 10 in Ag 110 in Carpentria.
We utilize best management practices and have been leaders in biological pest control and currently only use predacious insects to control pests. No insecticides or fungicides. Our irrigation water is 100% recycled in a closed loop system and our odor control has been extremely effective, so much so that our immediate neighbors thought we no longer grew cannabis as the odor has been mitigated.
We've reviewed the materials on your consideration today and I'd like to narrow it down to two suggestions. Please direct your staff to issue a letter of local authorization needed to apply for temporary state licensing We are simply asking for a letter which will allow us to comply with the new state regulations. This is an important first step on the path to compliance.
Without the temporary license, we cannot continue to operate. As local residents and active community members, we are eager to secure permits as quickly as possible and operate in compliance with local and state requirements. Additionally, we support the proposed amendments from Hollister and Brace to strengthen and clarify the letter of local authorization.
We have been diligently preparing over the last year to comply with new state operating requirements which as you know are very rigorous. Authorizing us to apply for temporary licenses will expedite the industry's compliance with new regulations and decrease the impacts to the community. My second suggestion, we urge the board not to make final action today on tax recommendation but rather direct staff to continue the dialogue with the industry.
Please provide us with the opportunity to have additional conversations with the county at a more balanced tax rate.
Thank you. Sophia Van Wingerden, to be followed by Erin Weber and then Mike Palmer.
Hello Chair Hartman and Board of Supervisors I'm going to reiterate a lot of what Kristen just mentioned my family owns and operates a farm that is currently cultivating cannabis in Carpinteria today I would also ask that you please direct staff to issue a letter of local authorization from the county that will allow us to apply for state temporary licenses We want to comply with the state regulations, but will not be able to operate without a temporary license. And we do support the proposed amendments made by Hollister and Brace to strengthen and clarify the letter of local authorization.
I believe the current tax recommendations are too high and unsustainable. I am confident that everyone in the Valley can benefit from this crop, but the high cost of compliance coupled with a cultivation tax of 4% and manufacturing at 6% of gross receipts will quickly diminish the viability of our family nurseries, a problem that large corporations of the world should have less trouble with.
Staying compliant with regulations has already cost us thousands of dollars and as the state regulations come online, we are looking at hundreds of thousands of dollars annually to keep up. I have also come to understand that a nursery tax is being discussed which means we are taxed twice for a plant that we have grown and cut ourselves. We cut clones from our more mature plants and use those to make new plants for ourselves. We do not buy from others.
It seems unreasonable and unsustainable to be taxed twice for such a growing method. In closing, I ask that you please provide us with more time to work with the county on a tax rate that is more balanced. Thank you.
Aaron Weber to be followed by Mike Palmer and then Christine De Nereira.
Good afternoon Chair Hartman, honorable board members. Erin Weber with California Strategies representing several cannabis growers in compliance with Article 10. Today we're requesting a letter of local authorization that the state authorities will accept and will simultaneously meet the county's objectives of providing factual information and cannot be interpreted as an entitlement.
Our clients are supportive of the minor edits to the letter proposed by Hollister and Brace, which would better contextualize the status of Article 10 as well as the county's efforts on a comprehensive ordinance. This will allow for existing operators who have been faithfully pursuing compliance to continue to maintain their compliance with state law. As for the taxes, we're highly concerned that the proposed recommendations would have a negative impact on newly legalized businesses, hinder local businesses' ability to compete and be successful long-term. We're mostly concerned about the cultivation tax proposed at 4% gross receipts and the manufacturing tax proposed at 6% gross receipts.
We're urging you to please not take final action today. Finalizing a rate that will balance the needs of the county as well as the viability of the industry, we believe warrants additional time and discussion to better understand the current status of the market and the economics of this new industry. We're requesting to continue the dialogue and we're committed to trying to reach a compromise on something that both the county and the industry can support at the ballot box next year. Thank you for your consideration.
Mike Palmer to be followed by Christine de Nereira, and then John DeFrio
Thank you, Madam Chair and Board. I appreciate you guys holding this meeting for us today. My name is Mike Palmer representing the Cannabis Business Council which includes over 75 current and prospective cannabis businesses. The most important item for our membership today is the issue of the letter of the local authorization to allow us to apply for temporary licenses.
Although he cannot be here today, you should have received a letter from Peter Candy with Hollister & Brace who is representing our membership We urge your board to direct staff to incorporate all of the suggested modifications to the proposed letter of local authorization. We are very concerned that absent these edits, the state will not interpret the letter as clear Authorization for us to apply for a temporary license. The change will simply strengthen the letter and provide additional clarity in context, which we feel are important for the state to understand. The suggestions would also clarify that nothing in this letter creates a vested right or obligates the county to authorize an extension of the temporary license or grant an annual license.
Strengthening this letter is very important to all of us here today because it is the next step in our path to compliance. We are simply requesting that your authorization to comply with the new state regulations. The state is very clear that existing operators must have a temporary license by Jan 1. Secondly, please do not provide final direction on the tax rate today. This decision will have profound impacts on our members and we request additional time to engage with the county on a rate that both the county and industry in the industry can support at the ballot next year. Thanks for your consideration.
Christine Dean Herrera be followed by John Defriel and then Sarah Rotman
3:25 – 3:3132 turns
Hello, good afternoon Madam Chair and members of the board. My name is Christine DeHerrera and I am the sole owner and operator of Pure Source Consultations Collective which is a delivery that offers exclusive cannabis services to terminally ill first-time use and chronically ill patients in Santa Barbara County I'm here to address the tax structure. Specifically, I would like to bring up a point that I think has been overlooked which is Measure D and that is a 20% gross sales receipt tax that has begun being collected in Santa Barbara City as of March 1st of this year.
So I am paying that monthly in addition to the current state tax. After January 1st, I will be required to pay the 15% excise tax in addition to any of the other taxes that are going to be applied and permitting fees in addition to overhead costs that are gonna be going up. I'm not here on behalf as myself as a business and an entrepreneur. I am here on behalf of my patients because I primarily service terminally ill and chronically ill patients They pay for their medication out of pocket, they aren't able to submit for reimbursement through health insurance as we all know because cannabis isn't federally recognized. So I believe that the current tax rate of 6% on retail is going to be an undue burden for my patients at the end of the day and I encourage you guys to not take action.
I encourage you to consider what this is going to end up how it's gonna impact Consumers in the county specifically Santa Barbara City And I would also like to encourage you guys to consider issuing a letter of authorization. I have always complied in every way possible with every permitting system that has been in place. The only thing that I need is this letter of authorization to submit to the Bureau of Cannabis Control and having spoken with them, they have said that this letter will not satisfy their requirements and my patients will not be able to have access to services after January 1st without this letter and without me being able to obtain state licensure.
Thank you very much for your time. Would you wait? We've got a couple questions here for you. Supervisor Allen?
Thank you. Yeah, what I was wondering is a little bit of the math on the other side. What's the very high quality stuff that comes out of Santa Barbara go for in retail level per ounce?
Per ounce?
Per ounce.
I'll
figure out the pound by then.
My patients pay anywhere from $280 to $340 an ounce for their medication
Okay. Can you tell me what your margin is on that?
My profit margin is currently anywhere between 60 to 80 percent.
60 to 80? It's
very high, yes.
Okay thanks.
Thank you. Supervisor Williams.
So I also have a question for ya. Oh
sorry!
How much of a tax are you paying in the city right now?
I pay 20%.
So if you were located in the county, why wouldn't you want a 14% less tax?
Well because I'm a delivery. I'm required to pay the tax where the sale is made.
My point being that you're telling me you can't survive a 6% tax in the county when you have a 20% tax in the city.
Well it's cumulative so...
No it's not! We can't assess a tax in the city's jurisdiction.
I've been advised by my CPA that I would have to pay all these tax cumulatively.
Yeah, the state and local tax has to be done cumulatively but we can't assess a tax in the city boundaries. So I think you should be very happy having a much lower tax in the county.
Mr. Basanich?
Chair and Supervisor Williams it might be helpful just to clarify one of the decision points in your matrix little later on this afternoon there is an opportunity to consider Those staff does not recommend the application of this tax countywide. It is a one of the peculiarities of the cannabis taxation and within the revenue taxation code of the state that allows this again I'll reiterate that staff's not So let me just clarify. So you're just against us trying to assess attacks in the city, not against us assessing attacks less than the city?
No, I'm ultimately concerned about what my patients are going to end up having to pay cumulatively after all of the taxes are assessed by the state, the county and the city.
So if I'm understanding Mr. Blasanich it could be cumulative if we decided to have a countywide tax but it would be at the point of distribution or sale if we just did unincorporated area?
That's absolutely correct Chair and she would say 14%.
Okay, Supervisor Adam.
Yeah I just wanted to say that I just calculated that out and by the pound because we pretty much talk about by the pound here your $280 an ounce is $4,480 a pound. Sorry? Your $280 an ounce is $4480 a pound
3:31 – 3:3613 turns
Yeah the current rate that I pay for my pounds is about 18 to 2200.
Right and your profit on that, you said 60-80 so I use 70 is over 3000 almost 4000 if you look at both of them? A pound. So maybe, you know I don't know if you're making me feel sorry for ya and I applaud you for caring so much about your patients but maybe you're going to have to rejigger the math when we get done with this?
Yeah that being said I did take intent to answer his patient a lot of my prices were in anticipation of the taxes going up and that is so that...
So you're already charging them?
Yes, and not so that I wouldn't have to adjust my rates. I was hoping that I wouldn't have to have a huge price increase. Yeah. So
we just started early. Cool.
Thank
you. You want to hire her on the farm? If you're looking for a job later come see me.
Our next speaker is John DeFriel followed by Sarah Rotman and then Graham Farrar who's our final speaker.
All right, good afternoon Chair Hartman and members of the board. Thank you very much for the opportunity to be here today and I appreciate you guys asking all the hard questions and getting into the details. I'm also in support of a temporary license for cultivators. In my business alone if we don't have the temporary licenses we'll have to lay off about 60 people come January 1st The threat of fines is also great and enough reason for us to shut down the business since it's a very, very large sum.
But our greatest problem with this is that we have a large nursery genetics breeding program they've spent several years and many millions of dollars developing proprietary varietals and if we were building cars or something we could just turn all the robots off and all the parts could just sit there in place but we produce a living product and we cannot kill all of those plants So we'll have to find somewhere to relocate outside of the county.
Additionally, in Article X it specifically states that we're supposed to follow all state laws. The state law has now transitioned to us requiring to ask for temporary licenses in order to maintain compliance. So I would also urge you to add the language from the Hollister and Brace letter. As you're aware, the taxes at the state level are high. Production is high as well which has led to an extremely competitive marketplace which has shrunk margins and lowered revenues.
We would encourage a low tax locally, ideally in the 1-2% range which is competitive with Sonoma County and Mendocino Counties. You could develop it to be variable and increase it as well. But in order to encourage the industry to grow and develop and establish here, a low tax rate is necessary. Otherwise the business will leave the county. And also to touch on some points based on Hollister Embrace's calculations that would equate to about 700 to 1500 acres of production. There's 168,000 acres of row cops in Santa Barbara County so if all state production happened here it'd still be less than 1% of all agricultural production. Thank you very much.
Sarah Rahman, be followed by Graham Farrar.
Good afternoon Chair Hartman and the members of the board thank you so much for allowing me to speak today I just wanted to also echo some of the comments made by some of my fellow growers and cultivators of which I am one in northern Santa Barbara County with my husband would like to talk about the tax. I did a little bit of quick math while we were speaking and talking today And based on the proposed tax numbers, we would have to increase the size of our grow to produce at least 6,000 pounds just to break even which is a pretty big production and that would be at a price of 500 a pound. If we look at what's happening in Washington, the price per pound has actually gone down to around $350 based on their taxes I see you laughing and it's distracting.
Which is going to be extremely prohibitive in the only way that we'll be able to even make our ends meet, is to continue to up production which as we've all talked about today has been somewhat of a challenge. I'd like to also address the fact that the itemized taxation elements along the delivery chain could escalate the tax liability for us cultivators exponentially. I would encourage you to consider more time to consider an aggregate and reasonable and sustainable cap In It's not just prohibitive, it's obscene. Asking any American farmer who is laboring intensively to operate within local laws, employ local residents, increase the local tax base and live in harmony with our community is really unconscionable. And it is something that no other profession or industry has ever been asked to do which to me is the very definition of discrimination.
I urge the board to support those of us in the industry who are seeking to live within the rules and to support our community through the most sustainable and reasonable tax policy available to us so that we may continue to thrive and support the community around us.
Thank you for your time.
3:36 – 3:4414 turns
Chair Hartman, Board, thank you again for your guys' time and effort on this issue. First and foremost I'd like to urge you to direct staff to send a letter of authorization to the state that clearly indicates the current state of affairs with Santa Barbara County in our cultivation. I support the comments made by Hollister and Brace. I think that clarifies the position of the letter and provides the county with more protection from any vested right issues. I would point out that this letter is not a license or permit from the county, but merely a communication on the current state of Article 10 that we have in Santa Barbara County to the state. The state requires that all active cultivators have a temporary license on January 1. If we don't have that, we are either forced out of business or forced into the black market, both of which are not good for the industry, the community, or the county.
I believe that the county and the industry are both united in the desire to bring the industry into compliance. This is the first step towards that. I'd also point out that Article 10 requires cultivators in operation to be compliant with state law, and this is what we need from the county to continue that compliance. Secondly, I'd ask that the board not take action on the tax measures as proposed until there's an opportunity for all the stakeholders to come together and have a conversation on that. There's a handful of stakeholders that have some contrasting views to those that have been presented here today in terms of cost and price in the market and I think it would be a better partnership for everybody for those views to be heard particularly around an exception for vertical integration something that we Have heard support for voice by the county and by the industry, whether that be an exception for vertical integration or a cap.
As proposed, the current taxation would literally have cultivators paying taxes as they move plants from one area of their greenhouse to another. It doesn't make sense it won't encourage development and won't encourage a successful and profitable taxpaying industry in the county. May
I ask a question before you leave? Sure, please. Has the industry had an opportunity to sit down together with staff to talk about the implications of the taxation or the economic study?
No there has not yet had the opportunity to converse either with staff or even with the consulting firm that put together HDL that put together the tax proposal. There was no opportunity to contribute to that.
Thank you. Supervisor Williams
Well if we're getting into comments and questions, I mean I'll just put...and you want us to talk about the tax before?
Well I'd like to wait. Mr. Bozanich and Mr. Lovelace have some comments about what they've heard. And then I think after that we would go to closed session. Mr Gazzone would tell us unless there's something critical that you need to tell us first.
So thank you, Chair. And I apologize but I'd like to get Mr. Lovelace on the road back up north so he did have a couple little bits of additional information that might help your board in their future discussions. So with that I want to turn it over to Mark and then see if you have any other final questions for him and then we can say goodbye and get him on the road.
Thank
you.
I just wanted to comment a little bit on Supervisor Adams had presented the idea of cumulatively the taxes since there's multiple touching points in the process of taxes that cumulatively add up to 10% is what I understood him to be saying. And so while I've been listening to the comments, I've also been doing a little work here on some figures But I want to also point out that there was a little bit of daylight between what I was presenting to you in terms of tax rates and what has been put forward by your staff, in terms of the staff proposal of 2% on distributors and nurseries, 4% on cultivation and 6% on retail.
The figures that I provided in your report were a singular rate across all of those. Thank you, Mr. Chair and members of the public for those figures that we came up with particularly to address the issue as mentioned around vertical integration that if you have a business doing multiple types of operations under a single business model it might be very difficult to tease out what portion of the profits came from this piece versus that piece so just If the county, assuming that $1,000 a pound price that we're working from.
If the county had a local tax of 2% across all cannabis business types then collectively when you add that price in at the different price points and it's lowest at cultivation then it moves up when you get to And I guess I should add in the point that this is not including manufacturing because there's so many variables in there and how the product can move at that point, but it's really hard to do that other than a specific instance for making projections.
So if it was 2% on cultivation, on distribution and on retail collectively they would add up to a 3% tax. On the end product, that's of course has to be included with the other taxes and the cumulative tax when the state rates are added in would be around 27% there. 4% on each of these touching points works out to 6% collectively and then 29% when you add in the state rate.
6% moves up to 9% when you tax all of them, and that goes up to 31%. Would you include the state taxes? And if we're going to try to figure out how to get to that 10% figure that Supervisor Adam had mentioned something right around 7% would come A 10% tax, but that would push the combined state and local taxes to 32%. And as discussed you know one of the things that we try to advise is to try to work within an overall envelope of 30% for state and local taxes combined.
All of that changes if the price goes down because, of course, the state taxes are based on per ounce rather than the dollar price. And so they would move to potentially as high as 35% collectively for the taxes.
Supervisor Adams?
Yeah and I figured out that 925 a pound is, I mean 925 an ounce is $148 a pound. And I think it's entirely possible that this thing is 50 bucks a pound at some point. Well not if the tax is 148 a pound.
Pardon me? Not if the tax is 148 a pound. It's got to stand high enough to cover
that. Well no but that's what I'm saying. I think the real price on the market may be as low as $50 a pound At some point, which is going to get a little awkward if you're charging $148. I don't know how it all goes out. See when we get stuff that we can't sell it goes to the cows or it goes to the dump or it goes to food bank.
3:44 – 3:5211 turns
And with this product, anything that doesn't sell there's very specific rules about how it has to be destroyed. And so you can't just put it in a pile out on the back pasture.
We have the luxury of putting it into the pasture.
The last one I wanted to just give you was if you did implement the 2, 4 and 6 rates that were in the staff report collectively. The local taxes collectively would be 6.5% when you add them together and the combined state and local tax would end up being around 33%. So that just gives you some ballpark of how, since there's multiple touching points on this tax or on this product, how they collectively add up.
And with that Dennis has offered to excuse me so I can begin my ten and a half hour drive back to Humboldt County but before doing so I certainly would offer an opportunity for any questions if there are any.
Do we have anymore questions for Mr. Lovelace? Supervisor Williams?
Well, so first of all thank you for coming so far. Your assembly member Wes Chesbrough was the only one that drove as much as almost as much as I did to go from Sacramento to here. We were the biggest, I guess longest commute in the legislature. So your point is that and I guess this is both a question for you and Dennis is that you're attempting The reason why the staff recommendation for an 8% cumulative cap is that anything over that is clearly in excess of a 30% cumulative state and local tax.
Yeah, you can work at it either from either end but The state taxes as was presented, though they vary depending upon what the going price is for the product. They tend to be around 25% currently and that's before you do anything. And then with the multiple touching points, if a county is only taxing one aspect of it, they're only gonna tax cultivation or they're only gonna tax retail, then there's perhaps a little more room there but Broadly all the different activities which because of the vertical integration factor it's difficult not to at this point.
You have to recognize that tax will touch the product repeatedly as at different points Where the product is moving from again, you know 500 to $1,000 perhaps at the cultivation point and then as it moves through the distribution and the price goes up because of the distributors premium. And then it goes to retail in the price goes up for all of those reasons. It's taxed the base rate of the base price of the product is different each place along the way so You add in the multiple touching points and you get a higher ultimate price than, again, a 2% tax ends up being 3% by the time it's hit the product multiple times. And a 6% tax bumps up to 9% after it's hitted a few times.
For vertically integrated establishments would you suggest some sort of cumulative cap that is less than if you took Cultivation, distribution and manufacturing all together and added them up?
My recommendation would be to tax the business entity regardless of the activities. So if someone's licensed to conduct three different activities as they move their product to market that you're not looking at different pieces separately How that vertical integration is going to work out for this industry is swiftly developing. Until a few months ago, vertical integration was not allowable in the form it is now and people are looking at the micro business model as the one opportunity to be able to kind of really control the whole thing but the changes in law allowing multiple license types being located on the same premises and without limitation to how many different license types you can hold Really changes that and to allow the business models to develop as best suits the product or the niche that they're trying to occupy.
I think it's best to assume that the majority of businesses will likely have more than one license type that they're operating under. That may or may not be the case, but it allows them that flexibility and doesn't penalize them if they choose a model that's a little more sophisticated.
So are you saying that we should just, in a vertical integration, just tax them at the highest tax rate?
The recommendation that I would provide would be a single rate across all license types.
Okay, all right. I'm just trying to get my head around it but I also wanted to just say something briefly because if we're going to closed session and I don't believe in talking badly behind when people are not here and usually I leave these hearings being honestly a little bit disappointed in the impracticality of folks who come in here against cannabis because it's like It's here you hate the status quo. Why do you want us to not make any more rules so the status quo can change? But I also say that today, I'm a little disappointed in everybody because My job is not to make sure all of these cannabis businesses survive. That's not my job, my job is to create public policy that's best for the county and then some of you are going to go out of business and it's not our fault.
It's the fact that the market price is dropping like a stone and so You know, we cannot do in my view something as laughable as a 1% tax when the city has a 20% tax. The state you know has depending on your calculation a 22 or if you believe that $500 per pound is going to persist forever 40% tax. We would not gain enough revenue to provide adequate public safety and be able to shut down unpermitted operations at that rate.
It would be to me wrong of us not to provide enough revenue to make the situation for the whole county, including people who don't like cannabis better than it is now. And my goal is not to permit as many operations as possible. My goal is to have better enforcement and to have a system that rewards people by playing by the rules and punishes those that don't, and have odor control as quickly as possible. So then now I'm going to go back to saying bad about the other side.
People who say that we should not take action on the consult on the yearly permits Before Coastal Commission action, you're basically saying that I should subject the Carpinteria Valley for another six additional six months of no mandatory odor control. To me that's nuts. People want in our community want odor control like It's going to be fun to follow you though because everybody is already upset.
3:53 – 4:048 turns
I served on the ad hoc and the taxation portion of this thing. I've tried to be involved in this as much as I can, and I've changed my mind five, six, seven times. It is very confusing. And while we talk about and we complain about the overall tax structure, I mean like what got me was when I went to CSAC and the first thing I heard from the state was well rule number one is local governments you should not overtax this industry. Well you already took care of it so that part's done.
So but everybody in the whole state has to pay that tax right? And by theory cannabis should not be coming into the state from outside the state. So you're all on a level playing field as unleveled as that is at the state. I feel is what we have to be most cognizant and most aware of is, what are other counties doing? And how do we if we're going to have this industry here, how do we make this industry just like we try to do with others. My job is not to try to encourage the industry or try to get to make it grow.
But it is to at least provide a level playing field so that somebody here in Santa Barbara County, in this industry, is not at a serious disadvantage to somebody that's in San Luis Obispo County or Sonoma County. So for me what I'm going to be looking at is what's everybody else doing? Trying to keep competitive. And I think this industry just has found out, has come probably late to the party of finding out what every other industry in Santa Barbara County has found out is that there's a premium to do business here.
And generally things cost more in this county. So I would really prefer, there's so much data, I really feel like I'm just not prepared to pick a certain number out of the air and say this is what, you know, I think is fair. My number one goal is I want to encourage vertical integration because I think from an enforcement standpoint it's so much easier for our deputies to go out to Fewer locations than to hundreds of locations where one guy's just manufacturing, one guy is just growing. One guy is just the distributor and we have everything together so yeah the taxes for me are crazy and I think if we point to like the city of Santa Barbara at 20% Yeah they're probably not going to have any activity pretty soon because no one's gonna be dumb enough to pay that 20%.
You know, and I think I'll get to the other stuff later though as far as Kate's school. And as far as folks calling for the status quo because... Well, I'll get to it right now just real quickly. Status quo for me is these are the cuts we made in last year's budget. Status quo was we unfunded six county deputy positions, closed the Santa Maria Jail We unfunded two deputy positions in aviation support. We unfunded ten custody deputy positions at the main jail. We unfunded three sheriff's sergeants, two sheriff special duty deputies and four sheriff deputies and reduced overtime on Isla Vista foot patrol which we partially restored.
This is pages and pages of what we've been doing. What we've been doing doesn't work. We can't have, we can't continue down the path of just saying there's a ban and we don't have any enforcement and folks in Tippiscay are ready to I mean their petitions and letters and I get it but The only way I can start sending deputies up there with any type of regularity and consistency in having a black and white, you have a permit or you don't have a permit is to follow down the path that we're headed right now. So I would really encourage our staff to get with not just the industry but see what other counties are doing as well and find out come to a resolution on the tax rate but I'm not gonna be able prepared to deal with it today.
Mr. Buzanich?
So with that Chair, if there are any further questions for Mark I'd like to excuse him and send him on his way but I also want to check to see if there's any clarifications from my comrades up here about to help you in your thought pattern and then I would suggest I think you wanted to go to lunch and closed session so let me just check anything okay seeing none for the rest of the staff.
Supervisor Adam did you have a for Mr. Lovelace do we have anything more
No, I was just going to pile on top of everybody else.
Okay well let's do our final pile-on before closed session and at least get a few ideas to percolate while we're away and then we'll come back.
Okay so the first point is if you thought it was hard to operate here illegally wait until they legalize you. Second point is, you know normally I don't do this but since these guys were getting mad at both sides. I'm going to say what a wonderful job everybody did today except the retailer that was really bad. And then I want to say that I think Supervisor Lavanino's right yeah we have to do something here Because as it is, it's just too tough to send the sheriff out and they're in a bad spot. And we have to create a bright line where some activity is illegal clearly.
And I think we're having trouble finding the line in today's world and if we don't create that line Then you know as much as I'd like to just do a total ban on it. I'm not in favor of the crop but You know, I will say that the operations that I've seen are absolutely top-notch Pinnacle of 3,000 years of agricultural evolution being applied to a crop that is disagree with but But you know you guys do a great job for the most part and But, you know we've got to do something that's so the Sheriff and the DA have a bright line that they can enforce on.
And we're going to probably have to make some compromises up here that none of us want to do but we'll come up with something.
Supervisor Wolf. Thank You Madam Chair. Mark thank you for your report and your analysis. If the board wants to wait on making a decision on taxation, you know that's what we'll do. But I feel like we should make a decision today so that we can start moving along in this process otherwise because it's not just that we make that decision. We saw from your PowerPoint Mr. Bozonich of all the steps that need to happen and if we want this to go on in June, I think that was the discussion. It seems That we should at least have a time certain as to when we're going to decide. If we don't want to do it today, let's I think we have to do it in early January so that we can start moving this forward.
I appreciate and I don't think it's any secret to anybody who's been at these meetings you know that there is a philosophical divide sometimes amongst some of us board members When I feel very strongly about if we're going to monetize land use, how do we do it and how does it impact our community? And I think today we heard from two other community groups or municipalities. We heard from City of Carpinteria. We heard from Cate School. I know in the past we've heard from people in my district and the unincorporated areas about how this industry will impact the community And I give great weight to those concerns.
And, and I thank you for coming out and I think you should continue to come out and speak to those concerns because while we have this industry and we, I guess we want to be competitive what I have heard is that there are so many issues and concerns related to cannabis. I know some people downplay it and they may think I'm crazy or old fashioned but I think that From what I've read, from what I've heard from the experts there is an impact to our community and whatever we do we have to do it thoughtfully.
I don't believe that you know our county council has come forward with a letter that I don't want to speak for you Mr. Gazzone, but a letter that seems appropriate for us to issue based on what we have done in the past and what new state law recommends. And while I wasn't in favor of the letter, Because it just seems kind of silly to me. We have that letter in front of us and either we adopt that letter the county council is telling us is the most that we can do as a county or we don't adopt a letter at all.
If we want to go back to the ordinance to talk about legal non-conforming, then that's what we do. The other issue and I mentioned this to Mr. Bozonich but I'll say it now because I don't know what you're really talking about and that's part of the frustration about this is dealing with the coastal zone and having a consult Well, what does that mean? That there is going to be a group of people who are going to get together and decide if this is acceptable or it's not acceptable. I don't know what that means but it's basically saying It appears that you will have, we will be giving you a right to operate. And I don't know how we can do that, how we can do a letter until we have a taxation system in place and until we have an ordinance that outlines and deals with all of our land use policies.
The representative from Kate's school talked about what they had to do. It just seems like we have got to follow our policies in a methodical orderly Thank you.
4:04 – 4:125 turns
I wanted to say a few things about the tax, first of all. And I think the principles that are important to me and that Mr. Lovelace brought forward was that 30% total cumulative state and local at least that gives us kind of a target to think about as we look at the various tax rates suggested. I think Supervisor Adam mentioned how important it is to have something that's easy to collect that we don't create a huge burden on our own county staff and departments.
As Supervisor Lavinino suggested, it's got to be fair level playing field we want to keep our county competitive with other counties and so I think there was some information in our materials about that. I'm also very concerned about doing what we can to support our local businesses and offering them an opportunity to grow and Succeed here in Santa Barbara County before were invaded by a lot of people from outside so for me the registry has always been a very significant factor in I'm also open to the idea of a graduated rate that we might start low.
So those are some of the principles that I think are important and exactly how we deal with vertical integration. If I understand this correctly, Mr. Lovelace is suggesting that if we have a constant tax rate across the board for each activity cultivation or distribution The other thing that is important to me and I've heard at least Supervisor Lavinino say he may not be ready to decide on the details of this today.
Whatever we decide, I think it would be important to go back to the people in the industry and give them an opportunity to lay out what their accounting shows. And so that when I make a final decision, I can rest assured that all of this has been aired because it seems to me it's coming to us not quite fully vetted Thank you. Just to try to manage this, I know that Supervisor Wolf and Lavinino still have more to say but we have to break for closed session.
Supervisor Williams rather sorry. We'll come back and if we don't finish off the tax part, we'll finish off tax and ballot measure as far as we can get and then we'll talk some more about the temporary authorization if we have an opportunity about the transition and Mr. Gazzone
Chair Hartman and Supervisors, I estimate closed session today at about one hour. You are agendized for two matters. The first is existing litigation concerning the bankruptcy proceeding by Veneco. The second is a conference with real property negotiators for three parcels in the area of 303 South C Street in Lompoc. The negotiating parties are Lompoc Valley Medical Center and Lompok Healthcare District. Again my estimate is about an hour with lunch.
Okay and I think Supervisor Williams and Supervisor Lavinino both have something yet to say.
Just because I hate to go through a four hour hearing and not have any product yet, no pun intended about product is You know, I think there may be a compromise between where Supervisor Wolf and Supervisor Lavagnino are. I actually agree with Supervisor Wolf we have to move forward on attacks if if there is not enough revenue in this to help this enforcement situation be better then that's a big deal so And to get something ready for a June ballot, they've got to start working now. So I would suggest that we go forward today with direction to staff to return to us in January with the language for a proposed ballot measure where the tax doesn't exceed say the 8% that they said won't go over the 30%. We could leave this specific beginning rate not decided today so that we could look at more dialogue.
But I don't just want dialogue from the industry, if folks want to tell us they can't afford something when they're having 80% margin right now Then I want to I want you to show us your books because you know it's just hard. It's hard for me to take that without a grain of salt so the And we could also include in that some flexibility, i.e., that the Board of Supervisors could adjust the rate every January based on market conditions.
I think that's important because we might set it too high or too low and we should have some mechanism to correct that. You know, I was telling some people yesterday if you know If we set a tax and there's like 1,000 applications I'm going to be like maybe we need to have higher tax rate. I mean you know there's a certain point where this community does not want to be drowned by this right?
And yet if we set a tax rate and only you know there's only 100 applications and several hundred people working in Conceivably in the black market then obviously we've set a rate that's too high. So I don't know, I guess I'd just suggest just making a motion that we direct staff to return in January with ballot measure language for the June ballot at a tax not to exceed 8% with the chance for the board to adjust every January.
CEO Miyasato Chair Hartman and Supervisors, before you vote on that motion or if there's a second, there are other things we would have to do in preparation. So I appreciate that you asked us to come back in January. That doesn't give us a lot of time. We could do it. It doesn't give us a lot of time. We have basically five weeks to get everything pulled together not including Christmas and if you want the auditor, one thing we didn't get to was whether you wanted the auditor to do a fiscal analysis. The auditor is going to need something Early as possible to actually do an analysis including that the rate so So I just say that we could come back in early January, but there are other things. I'd like you to Request that you consider at this time if that's your direction to us and one is whether it's going to be a special or general tax Whether the tax rate applies to the unincorporated or countywide and our recommendation is only an unincorporated whether you want a different rate to medical Blood sugar would be helpful for me.
You know how I get
4:12 – 5:279 turns
I might be voting for a whole band in another
15
minutes.
Chair Hartman, I would just recommend that we had laid out a fairly step-by-step sheet that I think would be helpful for your discussion which could be done now or after lunch but I'd recommend you follow that for a guided decision
Using the chair's prerogative, we're going to break for closed session after Supervisor Lavinino. I just
had a question and it was something I heard from Supervisor Wolf and maybe I heard it wrong but she said that Mr. Gazzone talking about the letter that that was as far as Mr. Gazzone had said he could go and I just didn't know if you reviewed the Hollister Embrace Letter or so folks when they leave for lunch You know, I know we're gonna come back and talk about that. But as a determination been made by county council one way or the other on that letter.
Chair Hartman and supervisors, I think what I said earlier in session was we had actually looked at that letter will be prepared with any options to discuss any options with the board on that stay short of actually providing an entitlement and article X does provide a bookend as to how far they can go but we will be prepared to address it after lunch
Okay so we'll be back at 315 and we will walk through some of the decision trees that staff has developed for us. Hi, everyone. Yeah.
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5:29 – 5:378 turns
Uh, yeah. They're out
of. Morning
Walk in and get my stuff and go home.
Oh.
Good afternoon and welcome back to the December 14, 2017 special meeting of the Santa Barbara County Board of Supervisors here in the Santa Barbara Hearing Room. We have spent the morning listening to staff report hearing public comment and now we're back to the board for deliberations And I'd like to before I turn to Mr. Gazzone say that we're, I propose that we do this in three boxes.
That is first we look at the tax rates then we look at the ballot measure And then we talk about temporary permits and letter of authorization. If we have more time and energy, we can go beyond that but I think each of those we talk about separately so that we can reach a motion, a decision and then move on. So that brings us then to Mr. Gazzone.
Chair Hartman and Supervisors, today in closed session the board considered two matters. First was existing litigation in the bankruptcy case of Veneco in the U.S. Bankruptcy Court for the District of Delaware. The second was conference with real property negotiators concerning property at 303 South C Street in Lompoc which is a discussion with the Lompoc Valley Medical Center and Lompoc Health Care District there are no reportable actions
Okay Mr. Buzanich do you want to lead us through this and I think a few of us may have a few more questions but you can kind of shape up what the, what you'd like us, what kind of feedback you'd like how you'd like to guide our discussion about the tax?
Chair Hartman, members of the board. CEO Miyasato came up with a handy dandy form that looks probably vaguely familiar to you as soon as the projector comes up. We're also putting those in the back of the room and publishing them online for members of the public that want to follow along. This chart that is in front of you and will someday magically appear on the screen, is really a replication of the decision matrix chart that's attachment B in your board packet today.
It follows all the same components that County Council has identified as important for helping in the drafting process I'll note that during the public comment today and some of the discussions that followed that with your board, there was some desire to engage with industry some more to talk about specific tax rates. For that part of the chart in the decision matrix, it might be valuable to either give us just kind of general conceptual guidance and direction about what that might look like or table that discussion until later. And what we would do is create a fill-in-the-blank And we could come back. But staff would have the ability then to really create all the other documents that would be required in order to bring that back to you in January for review and potential adoption later on.
5:37 – 5:4310 turns
Let me just ask, I mean it seems to me that we do have some general principles that could guide you. Are you willing to hear those or do you want us to take a stab at filling this out?
If you have some general principles on the rate piece that would be very helpful if you would also direct us to engage with industry folks. On some of the other pieces, I think it might be better if we kind of walk you through the steps so we don't miss anything that Ann Ryerson from our county council's department is going to be working on this. So I don't leave a blank space for her. I would not want to do that.
That would be my suggestion about how to proceed and so if I was reading the board's intentions earlier Perhaps not necessarily starting off talking about rates would be helpful. We could go make a whole bunch of other decisions I think fairly quickly and then come back and see if there's general direction or specific direction, your pleasure either way.
Okay, general direction about rates?
Yes.
Okay.
Yes.
Supervisor Williams, Lavanino and then Hartman.
So all I guess work from backwards. I think the tax should be a general Not a special, though we should be articulating to the community some of the needs that we would address with it including obviously the public safety need and enforcement need and some other things in the ballot language. Some other things in there but we can talk about that some other time.
This is how the city did their tax, you often do taxation because then you have the lower threshold but you also commit to using it for certain purposes. I'd rather just hear from the auditor controller before we decide on whether to do a fiscal impact statement. The local tax should just apply to the unincorporated area. I don't feel right making taxation decisions for our cities, but I agree with the staff recommendation that the frequency of tax collection should be We defer until you can get that input.
I think we should have a method to adjust rate because our chances of getting it perfect the first time is relatively low. I think we should every January adjust the rate and if people are worried, that's why we would have a not-to-exceed rate so that there is certainty. I also do not believe that we should have a sunset I don't believe that we should have a different medical rate because it just gives people the incentive to try to pretend to be something different and the whole framework statewide is going towards one system rather than two systems.
I do think we should establish a not-to-exceed rate and be honest with the community that we're not planning on going to that high of a rate, but that we should just put something so that people know that we're not gonna go hog wild. And that we should do it in June so as to affect things in the next fiscal year. And when we do set an initial tax rate, I think we should be cognizant that it may be that the tax rate needs to be higher for the first six months than it is for the subsequent 12 months. Because if this is done in June It means that whatever tax rate we set at first, the actual tax for next year is half of what it is. So if we set it at 4%, the actual effective tax rate is 2% for next year because the first six months of the year you're not taxed and so it makes That a little complicated.
And that's another reason why I think we should have the adjustment because the tax is only going to be in effect for half of next year.
You want it in June? Chair, can I just ask a clarifying question? Supervisor Williams, I thought I heard you maybe mention what you thought the spread or the delta ought to be between the initial rate and the exceed rate did you? Or did I mishear you?
No, I think what I was referring to was that I do think that there should be because some of these businesses are going to have three or four two, three or four functions under one roof. And instead of adding up all the tax we should have a cap or some mechanism where if they do three or four things their tax rate isn't 12%, right? That we should not, an individual business do not exceed rate.
And that is an advantage for vertical integration, but I view vertical integration as being the only way that small farmers are gonna survive against the Philip Morris's of the world whenever they start gobbling up stuff. So I'm okay with that and it also appeals to those of you that have expressed the desire to have local growers have something in their advantage and this would be in there in their advantage.
5:43 – 5:5217 turns
Supervisor Levin
thank you Madam Chair I've got a couple that aren't on the list so I'll start with those then I'll go through the list is one I would like to see it not to exceed with the state and the county of a total of 30% so that we don't get over what we've been told is kind of the tipping point.
And I second that just so you can fill in the form, I'll chime in when I agree.
The chart then after that so June 18 of course for me. I also think we should have let's just start with a not to exceed rate but I do think retailers, I'm not really sure I don't see how retailers fit into that so I'm okay with the not to exceed and then we can come back after discussion with the industry and with others of what those rates actual rates should be.
But I wanna see some sort of a cap or a vertical integration discount as well so that we encourage that. I don't think there should be any difference with medical or recreational. If we incentivize that, we're gonna see too many people just move over to that. Okay, so the method to adjust the rate I'm good with an annual discretion, but I think it should be a four-fifths vote because what I foresee is we never have enough money.
And I've never been to a budget hearing yet on this board where we said wow we've got too much and we don't know what to do with it there's always something else we could do so what I'd be afraid of is that no matter what rate we were at You know, we always hear all these great things other things that we should be doing and we could be doing. And we would say man if we just move up the cannabis tax another 1% that would generate X amount of dollars and we can fill this hole. So I don't think budget shortages should be born on the backs of one industry.
So if there's a good reason to move that rate, four-fifths of us will agree that it should be moved. I don't think there should be a sunset date in the tax. Flipping the page, also good with hearing from the Treasurer Tax Collector and sooner rather than later on all of the banking issues and the tax collection. I can't believe that we would be allowed to tax inside the cities, but I'm just gonna make that easy and say unincorporated is fine.
Yes, direct the auditor to prepare the fiscal, make it a general tax and then get the language obviously will work with county council to get the language as close as we can to letting people know what we want to do with it without creating a special tax situation. And that's it for me.
Let's see, so I'm on the matrix that starts with frequency of tax collection. Is that the right? It's page two.
Ms. Chair, can I ask a question?
Of course, yeah.
I have to wait until the target is listening. Yeah, Mr. Labanino 30% not to exceed 30% total state in ours if does that mean that if the state goes up to 30% that we're
out? That after I said that you know it did bring up an interesting point so initially I'm saying with the initial The initial start, I don't wanna go over 30 combined. I'm hoping the state eventually looks at what they're doing and has a- And backs up? And backs up. That's never happened before so that's from a division of the Bank of Unicorns and Rainbows. Thank you.
Okay, frequency of collection. I think we're balancing two things one we want to get the money as fast as we can and two balanced against ease of administration so it would either probably be twice a year or yearly but I'm open to get our tax collectors feedback on what would be easiest to do Unincorporated area rather than countywide. The assessor or the auditor, I'm open whether it's a general or special tax. I prefer a general tax but that means we have to get a four-fifths vote up here I think so and certainly going forward in June as Supervisor Williams suggested the City of Santa Barbara with its 1% sales tax went I'm for a general tax, but
that does presume we have a four-fifths vote of the board to go forward. So I hope we can have a general
tax so we only need a majority. I do think this merits a little discussion in terms of what the City of Santa Barbara did with their 1% sales tax. Supervisor Williams just brought this up, that it was a general tax but there was an intent on how this money would be spent and I think that's very important and for me That would be to help recover costs for licensing and permitting and administration of the program. I know some of that will happen through fee recovery, but that's important. And for me a percentage or we try to specify that it's going to programs dealing with the impacts of this And clearly I think addiction, education, public safety and for me first five. They're dealing with the matters trying to stabilize families dealing with young parents and so I think that would be something worth at least considering.
I think if we are able to agree as a board on that general direction I think it could make the voting for the tax more attractive if people got a sense that at least this was what we intended to do. So then I think we're into, so that deals with the ballot measure is there anything more I need to say about that?
You might know I think then we'd be on to the how would we adjust the rate, what's the vehicle for that and as well as a sunset.
And the vertical
integration
question. So I agree with I think what I've heard about vertical integration. I want to support our local businesses and make sure they have a tax that doesn't layer or accumulate in a way that's a disadvantage if they are I know some people have suggested that they want to start with a higher tax and maybe go down lower. My thought would be to start with the lower tax and graduate it higher over time as things settle out, but I'm I'm willing to go along with the majority on that, but not to exceed amount. And again, I think this principle and I'm just trying to cling to something that it's a 30% that that's a target with state plus local tax.
I think that at least gives us something to aim for and Again, eager and glad that you're willing to meet with the industry and just understand. I'll rest easier when I know that in fact we understand how their accounting is working and this can work to make them successful. Is there anything I haven't answered yet?
Two brief ones which might be helpful. Thank you, Chair. One did you want any kind of differential in rate for medical or non-medical? Same. Same okay and then the other question about which ballot either the June prime? June. Thank You.
5:52 – 5:5811 turns
What chair Harmon did you also answer a method to adjust the rate whether an annual and also if would you wanted to include a sunset date?
No sunset date, and I'm not sure about the method to adjust the rate. I'd like to get more information about that. And again, Supervisor Lavinino's point about other counties having a 30% cap and being competitive with other counties, that's important to me in however we establish our rates so that we give our people an advantageous playing field as we can.
Supervisor Wolf.
Thank you Madam Chair, Mr. Bozonich in your board letter you made a recommendation of 2-4-6 and Caput 8 can you explain why you made those recommendations?
Sure, Chairman Supervisor Wolf. Looking at where the majority of the value added in the supply chain gave me some indication that those are where the impacts of any taxation decision by this board would be lessened. So what you see generally is that there's very little extra margin or anything added at the nursery and distribution level No value really added in the supply chain on those, so kind of keep those at a fairly low rate. And then moving into cultivation where obviously there's some degree of markup as they sell it to the next step in the process.
So there was some value creation there and so added a bit, doubled basically the taxes. value added to the supply chain is really in the manufacturing and at the retail side of things. So that was my idea of the 2, 4 and 6. Nothing magical about those but they seemed to kind of fit I also had the data from HDL to kind of be able to do the calculations from. That was the other advantage of that. Well,
that's what I was looking at too was their report. Yes. Thank you for that and then to Ms. Miyasato what I'm hearing, I could be mistaken is that my three colleagues are saying that we should talk Industry before you come back with a recommendation, or are we taking a vote today?
Supervisor Wolf for the chair it sounds like they're asking us to meet with industry With some of the general principles They've laid out if that's the board's will before we come back to the board for for a final determination on the tax rate
Okay, so didn't I hear you say before That there is an issue with timing
Supervisor Wolf to the chair. Yeah, we would like to have a determination as soon as possible if we come back I would say to come back at the first meeting in January because we need to get moving on all these things and Get clearance from County Council and other involved department it so we could do it just like our first meeting isn't until the 9th So whether?
So but the sooner the better for us
And I did ask Mr. Bosanich if we could do that and he thought that was possible, but I do think we should give as much specific direction today as we can. That's our hypothesis and just test it.
Can I make the point that we don't even have to set an initial rate to put it on the ballot? The city did not. They just said a do not exceed rate. Unfortunately, that means defaults to the highest until the city meets and they'll likely lower that rate. So you know the question is not only what rate do you want to set but it's also do you even want to set an initial rate? That's also within our discretion.
I guess what concerns me as has this whole process is that we ended our last session with a motion and then we took a break. And now, we come back and basically that motion is off the table. And now, we're going to be meeting- There was no second. I said a motion. I didn't say a second. And actually, I wanted to second the motion but then we took a break. But aside from that so there was a motion, we broke and now we're coming back and now were saying pretty much not the opposite, but I will say that it just doesn't sit well with me. That now we're going to speak with industry to talk about how we set our tax structure.
It's just beyond comprehension why we would do that because I really feel that what Mr. Bozonich has put before us, and if you read the report it makes perfect sense. And so the only thing that I can see that's going to happen is one of two things. Well one thing for sure we're delaying the process which isn't good. The second thing is that we may reduce the tax structure. We may or may not.
Given the anticipated expenses that we have, it just doesn't make any sense to me. So I could have gone with either one of those, the 2-2-4 or 6-8 all the way through but to wait again on something that's so important? It just doesn't make any sense to me And you know always good to get input from industry and I think that they've had a really good seat at the table on this issue. But to wait again is, I think really, I think it's the wrong course for us to take as a policy body. And I know I'm speaking to industry reps out there who probably have not been happy with me at all, and probably even more so right now. But I'm looking out for the county and when you look at our expenses, I think that we need to move forward.
5:58 – 6:0615 turns
Chair Hartman and Supervisors, I know that the board package has flagged the ability to adjust rates and some other jurisdictions have done that. But I would just offer as you're thinking about this that the devil would be in the details on something like this where this is a new area in terms of Changing rates that are not linked to some objective factor. So I'm just cautioning as you're having your discussion here and thinking about changing it once a year, twice a year to the extent you could tie it to something.
Just trying to picture what this looks like four years from now and what challenges you might face either working it out or challenges from the public on how a particular rate was set.
Supervisor Lavanino.
Thank you, Madam Chair. Well I would just have to say in response to that is when we've tried to move fast on this board with this ordinance we're told we're going too fast and we have to slow down and then when we say we want to take a second look at it we want to slow down work with people were being told hurry up and get it done today so can't win
Supervisor Williams and then Adam.
I just wanted to say, I'm with you and when in January when this comes back if to me these tax rates make sense particularly in the first year because they get six months tax free But, and to change my mind I would hope that industry folks would show us their books if they really want to change our mind because I just don't want to be lobbied and spun on this.
To me the consultation should be substantive. You know the differences that I hear from folks make me like not necessarily willing to take it at face value. So you know if we can't get evidence, I'm going to be with you on setting that same tax rate.
Supervisor Adam.
See none of that mattered. I don't want to see anybody's books because The books don't make any difference. The price of the retail product, that's what makes a difference and we just got some good information today about how much stuff is worth so You know, I think that you got to just make some basic assumptions. And it doesn't bother me to talk the industry because we ought to take a little extra time and do it right.
As I've stated many, many times, and maybe some people aren't all that happy with me either, I'm a lot closer to Supervisor Wolf on this than I am to affectionately the Dubie brothers down there politically. And if I wanted to be unreasonable, I'd just vote for a ban. You know, but I think that we're going here whether we like it or not and I think we should get somewhere that makes sense in the end.
And for me that's about 10% of the retail price and it's a very complicated Mr. Lovelace was using because He spit out some figures pretty quick, so obviously he's got something where he's got a calculation on that. Because for me as a farmer and I have a nursery you can charge yourself whatever you want. So if you're going off 2% of the gross revenue or receipts, I could charge myself $20 a thousand or I could charge myself $2 a thousand So, you know that's see I think the nurseries shouldn't even be taxed. It's all going to the consumer in the end. All of this tax is going to the consumer in the end. The consumer will pay 100% of this tax not one of these people is gonna pay the tax if you think through your tax and those guys you're wrong The consumer's going to pay this.
So we shouldn't get out of control, we need some money for sure but we shouldn't get out of control and I do think the price of this stuff is going to fall at the retail level so there's room in here for us to have a pretty generous tax because even though the consumer is going to pay for it they're probably going to save money off what the retail price is today anyway.
That being said, I'd like to just meet with industry and maybe Mr. Lovelace can help us a little bit in addition and give us some kind of formula that we see what kind of distribution cultivation manufacturing and retail mix we might reasonably expect And then get some numbers that kind of come out pretty close to 10% of the retail
price. Just a procedural thing, Supervisor Wolf have you, do we have Supervisor Wolf's input here yet? We don't fully. Okay so we have your point, we'll come back to you but we want to finish this
up. First of all on nurseries those Do they have licenses right now or do they come in 2023? I can't remember.
Chair Hartman, Supervisor Wolf, they are available now. They will be available January 1st. Okay.
All right so I guess I would do the 22466. I would not do a not to exceed rate. I would not apply a different rate to medical. I would not do an adjustable rate. For medical it would be the same. Method to adjust rate, no. Include a sunset date of tax, no. And then the frequency of tax collection. I know my colleagues have talked about getting input from the industry, but it says here hear from the treasurer or tax collector.
I think it should just be unincorporated. I think the auditor should prepare a fiscal impact statement and it should be a general tax. With some of the, to the extent that we can legally define where we would want that money to go. I suggest that we incorporate that.
Any final comments on this round Supervisor Wolf? Supervisor Adam.
Okay, we'll start on the front page Timing I think June is great if we can make it Yeah
supervisor wolf wants June as well
okay
6:06 – 6:1518 turns
There's a fair bit of consensus as we look at this
Okay and then And then 10% of the retail. I don't like the not to exceed rate, because I think it undermines the certainty of giving everybody what the rules are and let them be able to respond to that. No differential for medical and recreational. I like the four-fifths, but I also like the certainty of not on a rate of adjustment method to adjust rate. I kind of have more of a no on that one, but I'm not completely off the four-fifths. I think the four-fifths could be a good compromise.
Sure.
So, sorry to interrupt Supervisor Adam but on the method to adjust the rate don't we have to go back to the electorate or can that be written into the ballot measure that we can adjust it?
Chair, I'll have Mr. Buzanish can discuss some of the background that he's done on this but the board agenda letter package discusses changing the rate in what appears to be when looking at some of these other jurisdictions tied to some factors like a step that goes up and down. That's why it was cautioning that if we're thinking about a rate if it's starting at a particular number and steps up That would be great, or if it's tied to a particular factor. And then after that I think we're going into a new area and this taxation scheme is a new area but normally you would want some tightness as to what your tying it to. Some of the jurisdictions have tied it to CPI. Some have started with initial rate that steps up.
The further you stray from that, the more likely it is to be a voter requirement. That's what we're trying to avoid.
CEO Miyasato? Supervisor Wolf, through the chair, you raise a good point. The intention was if the board has a not-to-exceed rate and an initial rate, what's the method by which you would get not to exceed rate and that's why Mr. Gazzone is talking about tying to some factors so I would say for those board members who did not want it not to exceed rate like yourself the method to adjust the rate would likely be no because there's not a method to change the rate
Maybe you guys can help me. What do we, for SB CAG with measure A how do we? Do we have? It's just a straight tax. It's just a straight tax so there is no CPI or there is nothing attached because that's just the sales tax.
I think the theory is that we would approve a tax rate at 8% but that anybody has discretion to collect less taxes than they are authorized to. And that is the, that's how a do not, does not exceed rate would work. Is that where we're thinking?
So now what I'm thinking is if this is an ongoing tax and it's theoretically to pay for some expenses Why wouldn't we build into the ballot, into the text of the ballot a CPA adjustment? Say for instance like we have with CSA 3 or some of our other. That's one that comes to mind but we do have a CPI adjustment which seems reasonable that we should be able to anyway that's a thought Mr. Bosanich?
Chair Hartman, Supervisor Wolff a couple of thoughts about this so I think the example that Supervisor Williams gave a moment ago where the voters approved a higher tax rate and even in the ballot measure included a lower initial rate gave them some latitude with the voter's permission to be able to then make those changes by resolution and we could certainly look at that Mr.
Bozanich, could I interrupt just while you're there? Mr. Gazzone said we need to tie it to something to be more defensible. What did Santa Barbara City do or what thoughts do you have on that?
So on that example the best example I can think of is that Monterey and I believe this is in your staff report Monterey County took a year kind of a yearly approach to it and they laid it all out in the ballot measure where for the first couple years it was at a lower rate and then it gradually kicked in at different rates The reason you, so to Supervisor Wolf's question about why would you do this is at least the way I'm interpreting your question. One of the reasons why is because this is brand new. We don't know necessarily all of the impacts for example when you approve in Measure A an increase in the sales tax there are some anticipated impacts that you can take and put into your discretionary decision about that from a policy perspective.
Given that this is new and this is a new industry, given what Mr. Lovelace described earlier as the really changing dynamic in the price of cannabis for example, some flexibility might be of value to you in terms of creating a more stable funding stream. There's a lot of reasons to do it. I just happen to agree with the certainty issues that others have expressed here, having it at a stable level without much playing with but that's really a board discretionary call.
Chair Herman, so again looking at some other jurisdictions that did this I would just say that what they had done is different than some of the conversation was occurring here like a six-month or 12 month change up and down year to year which seems problematic if it was setting an initial rate of X and increasing to this number with some discretion are tied to some certain factors. I understand how that would work I'm just trying to picture not this year or next year, but five years from now what that process would look like. So certainly the clearest way would be a set number. Next clear should be an initial number that escalates to that set number.
CEO Miyasato. Supervisor Hartman to the chair, I just want to add to that if you choose a rate like we're talking gross receipts rate, you wouldn't use a CPI. The consumer price index is usually set to flat amount so some counties used $15 a square foot and they said that rate would increase by CPI because it's a set amount. That's kind of how we do some of our other parcel taxes so to speak for a set amount. So if you choose a rate It wouldn't make sense to do a CPI on top of the rate.
So just so I'm clear on this, so the question before us is do we want to have a fixed rate or do we want to start with a lower rate and graduate it to some not-to-exceed? You're looking
confused. Yeah because my vote I think was maybe it Maybe I was wrong or misconstrued or something. So when I was talking about a not to exceed, I thought this was for us to work towards and that we go meet with people and then we actually come up with what it is but today we're just going to say it's not to exceed 8%. But I don't think that's what I thought was going to go on the ballot or gonna be year one is it's not to exceed 8%. So, I fully believe that within the next two or three weeks we sit down or in the next month and we really hammer out. It's gonna be 2% for cultivation, it's gonna be 3%, 2% for whatever it's gonna be but So I was just using that up to 8% so we don't, so we just had some room to talk. Okay. So you
want a fixed whatever it is? Supervisor Williams did you want to? Hang on. I didn't get through my
list.
I'm sorry. We're coming back to you for your whole thing but I just wanted to get this point if I could so that we know where we stand what we're talking about.
6:15 – 6:2422 turns
Well my caution of the fixed rate is then we really have to get it right and You know, the ability of an adjustable rate to as other jurisdictions have done to collect less than the authorized tax amount because the market conditions aren't there is better than having to go back to the ballot several more than once. But I mean, I think a fixed rate if it was high enough would be fine.
Okay now Supervisor Adam.
Okay so let's change that Dennis to a no, just remove all the other pros. Yeah just change that to a simple no okay. No sunset date I will wait for Treasurer Tax Collector to make a determination on the frequency of tax collection. Yeah, I would do it countywide and I'll tell you why because we'll get more business out of it and if we get more business out of it we'll get more cash flow.
And I think people will vote for it. So, you know, I think we can go and do something within the cities if people vote for it. Yes, direct the auditor to prepare a fiscal impact statement general tax with the caveat that everybody needs to understand that wherever this tax gets Spent, it gets spent and they can talk about whatever they want in the ballot measure. And we will name off all kinds of stuff but at the end it's coming in as general fund revenue and it'll get spent however this board determines it's going to get spent so if we don't have enough money to provide enough sheriffs that'll just be on us.
The last thing I would say, and I'm all over special taxes. I like special taxes a lot better because I think people will support a special tax if you actually tell them yes we're going to spend this money on sheriff, we're going to spend this money on mental health, we're gonna spend this money on public health, we are gonna spend all the stuff that goes along with this or that everybody assumes is going to go along with this.
Let's just lay it out and tell people what we're going to do, and I think they'll support it but you know that said um I would be by myself in requiring a special tax so the last thing is on this letter
There is an additional question that I don't think we caught in your charts and that is whether to make the local tax permitting and licensing contingent upon passage. So could we get a sense of the board on that? I am a definite yes on that. whether to make local cannabis permitting and licensing this whole program contingent on the tax passing. If the tax doesn't pass, I'm out of this.
I think we just got a bunch of motivated volunteers.
Chair Harmon, just quickly that's an important point that we raised in the board letter but also that is that would be incorporated in the ordinance that you pass that you're looking forward to in February not necessarily part of the actual language of the tax measure.
Okay but it seems to me important for people to understand that earlier rather than later so does that Does that cover it for the ballot measure and the tax?
Chair Hartman, members of the board maybe I could review what I think we have as consensus here at this point. So clear consensus on the June 2018 ballot. A little bit more ambiguity around the initial tax rate question. And there seemed to be a shift away from a not-to-exceed model, but I want to test that a little bit to see if they're The flat raters or the continuous rate folks if that's really what we want to do versus kind of a max with an initial rate. So I don't think we quite have consensus there so let me come back to that one. Those are, I think, the outstanding ones. I think everything else we're in pretty good shape.
Everybody wanted to have medical and adult use taxed at the same rate. The method to adjust is really dependent on whether you want to have an adjustable rate. And so that might be a moot point if the set-rate folks prevail in the consensus. Sunset date, clearly nobody's in favor of that. Coming back and asking and conferring with the treasurer tax collector on the frequency of the tax collection was clear consensus.
We had almost unanimous, but not quite unanimous on the application of the tax in the unincorporated area. Absolute consensus around the auditor controller and consensus around the general with a couple of caveats. I did hear consensus on this last issue having cannabis regulations contingent on the tax And then there seemed to be just short of consensus around whether to use either from a discussion with industry or some metric of this, that the total accumulated tax rate would be less than 30%. We had a couple of supervisors that mentioned a desire for that. And then a couple of supervisors that thought we oughta come up with a mechanism for allowing for vertical integration and not get taxed at, let's say both steps but only get taxed at the perhaps the step where the greatest value is created and apply the tax at that point.
Because that vertical integration can happen in all kinds of configurations coming up with the language around that will be a little bit tricky but I think you know I see some possibilities or can hear some possibilities. That was all.
Supervisor Wolf? Thank you. Maybe this is a question for P&D, but doesn't vertical integration cross over into zoning and how we draft our ordinance?
Madam Chair, Supervisor Wolf, yes you are correct and that is one of the things we are considering in our recommendations.
OK, but we haven't done that yet. So it may not even be relevant?
Yes, that's correct. So just to clarify, Madam Chair, Supervisor Wolf, so we'll be presenting our recommendations to the planning commissions next month and then in that recommendation will be discussions of ways you could do vertical integration and then whatever the planning commissions recommend your board will be presenting that to you in February.
And did the EIR talk about vertical integration?
Yes it
does. And what they said, that was a good thing?
Madam Chair, Supervisor Wolf. The EIR really doesn't get into a discussion of whether or not it's valuable or not valuable. It just looks at what would be the environmental impacts if you do have vertical integration. That's right.
Thank
you.
And I just would like to clarify, vertical integration could be on one site but it could be you could just have one owner conducting these various activities in whatever zone it's allowed in and that would still be vertical integration isn't it?
That's correct, especially with the change in emergency regs now it appears that will be allowed.
Supervisor Adam?
Yeah, I just wanted to say that we should find the highest value points in the chain instead of trying to nickel and dime every point. Pick the highest value points and tax those and make sure that it comes up with about 10%. And I would drop the price too in the calculation. Max on per pound of, you know retail value and that'll get you in a pretty conservative range.
And that way see when the price drops, you'll be closer to where you are as you start out, you'll end up with more in the near term. You'll end up with more based on the fact that the price hasn't dropped that far
6:24 – 6:3016 turns
Chair Hartman, Board Members. I think Mr. Buzanich said something and I actually didn't hear it so I want to be clear with the board and that was this last point that you raised, Chair Hartman about whether the local permitting would be contingent upon the passage of this tax measure. And I think Mr. Buzanich said yes but I don't think we finished the chart because there's a couple of distinctions we want to make and one is that we spell out in the board letter And if your board can provide us direction now, that'd be great. If you want to wait when we come back again, that's okay as well. But it's really would you want the effectiveness of an ordinance that we're preparing to be effective upon passage of a ballot measure? Or would you want the effectiveness of an ordinance to occur with then some contingencies to occur if the measure didn't pass?
Oh yeah, so in other words our regulatory scheme would go into effect before the ballot measure and we need that to go into effect but then could we retract it if the ballot measure doesn't?
So Chair what we're talking about here is both board control and How you announce and establish reasonable and distinct investment backed expectations by people in this business. So if we were thinking about the clearest way to do that would be that no permissive regulation will be effective until the ballot measure passed, which would push the effective date down the road Another option would be to clearly state in the land use ordinance that these entitlement, these permissions and entitlements are effective only for now. And they're revoked if the ballot measure does not pass or that they're amortized if the ballot measure does not passed. But that would be something that will be important within the land use ordinance itself so that the distinct investment backed expectations are clear to everyone up front
So we don't need to decide exactly how we would do it, but just that we would like the long-term life of the program dependent on passage of the tax. Is that enough for today? Chair Hartman yes. Let's just go down. Supervisor Lavanino, your feeling on 41
there? I'm fine with beginning the process and let's just have that caveat in there. If we go to a general tax, we're talking 50% plus one and I don't know of any tax measure that has failed throughout the state for this under that measure so I'd be fine with let's go forward with it and if we have to go back and kill it later we could.
So you have three but just I said yes as well and Supervisor Williams do you want to be on record on this?
You know, I feel like that ultimately my support for this would evaporate without a tax. But that I'm not sure that I want to have it built in because I don't want that to be the political football of the election. So, I think we ought to think this through a little bit more.
But I think we have that option. We have ways of how we can do this so it doesn't have to be on the ballot, right?
Chairman, that's correct. We're just noting the linkage between the tax measure and the land-use ordinance so it would be important to have these thoughts in the land use ordinance to make clear if it was the board's thought that if the ballot measure doesn't pass these entitlements would would be revoked to Make that clear from the outset
But we don't need that for the ballot measure, we need that for the land use ordinance so let's not reach a conclusion on it
today. Alright well I think you see that a majority of the board is in favor of figuring this out in some way. Mr. Buzanich have we filled in the boxes that you have for us?
So I think on everything except this rate discussion, it seemed like there was a little bit of on the rates.
And I think Supervisor Lavinino may have wanted to change what you had recorded for him?
No, I just want to leave mine open and I thought today we were saying we weren't really going to come to some conclusion on the rates so I'm good with an escalator in there and start low and move higher or whatever, but I want to hear more about the real numbers.
And I agree with that. Mr. Casoni?
Chair Hartman and Supervisors, and for purposes of drafting what's going to come back to you even if we don't come up with the numbers today if the thought was that there would be a stepped approach to a final rate I would understand what that looks like for drafting purposes and we just want to make sure they were hearing the right inputs we come back with the right draft material for you in January
6:30 – 6:3518 turns
Supervisor Wolf and then
Adam. Thank you Madam Chair, Mr. Bozonich as you go back and work out these numbers I suggest that you talk to Probation Behavioral Wellness Public Health and some of the other departments who hadn't had input into their cost proposals so if you could include that.
And could I just tag on to that? I'm sorry to interrupt, but what does the state money pay for? You don't have to answer that today. But when you come back answering Supervisor Wolf's question because I don't have any sense of that. Go ahead.
And the DA, if you're putting things on your list. I just want us to recall that we take four-fifths to get to a general tax here, right?
Yeah, I think we had it up there.
So yeah.
You're satisfied that we have it up there? I think it was all five. Well,
I think we got some sticking points that only have three votes. And I don't know if you want to, are we trying to get to the end of this today? Or are we trying to, what are we trying to do?
Chair and Chairman of Supervisors. So the thought, I think the thought in the agenda was to provide direction on what to bring back so it's not, this is not the first reading of the ballot measure. So you'll have an opportunity to give direction. You could change your mind, give different direction. It's just that's one of the reasons why we had advocated coming back before February because the two meetings in February are going to be critical for first reading and second reading to get on the June ballot. So if we could bring this back in January and find out whether we hit the mark or miss the mark, that would still give time to adapt it. For me I still have some confusion as to in drafting this would it be I'll drop year-to-year discretion, but if we don't find another way to adjust it then
I gotta dig in at a higher rate. What the industry's talked about, 1 or 2%, I can't go to the public and say that's gonna be enough money for enforcement and to make this situation better. And that causes me to go, I'm out of here completely. So the problem with not having an adjustment is that it forces us to dig in on what the tax rate would be. For me, it better be higher because I have to be able to look people in the eye and tell them in Carpinteria that they're going to have better enforcement and better law enforcement and a better life after this. Not we're gonna become you know just like that's a mono culture of one type of crop.
Supervisor Adam?
We'll see at the same time, just like you're telling these guys that you're not here to make sure that they don't go out of business. I'm not here to make sure that we get X amount of money. So this is why I wanna attack this thing and get it right. You're saying you don't want to dig into the value of this stuff and make sure that your tax is at the right place to get 10%.
And then see for me, it's really important to be even if we assume a lower price. That's okay that's the safety play that I think we have to make but we need to make sure that we end up with 10% not more and not less. All I'm saying
is that means that one and 2% off the table for me. One or two percent means I'm no on everything.
One or two percent, I don't even understand what that means. Like are you saying one or two percent of cultivation? Because see the deal is it obviously
depends on what you start accumulating as a tax but I'm just telling you where I'm at. Unless I can look people in the eye and tell them that the public safety issues that are associated with this will be taken care of by the revenue, I'm
not going to do it. But you'll never be able to tell them that because you don't even know how much money is going to come in because we've never done a study that says what it's going to yield.
I think you can run some pro forma about especially if we have temporary licenses, we'll know how many people are going to be applying. Supervisor Adam, are
you finished?
6:35 – 6:4727 turns
I'm contemplating this whole thing now between a general or special tax because I am so concerned. Supervisor Williams just said making sure that we have enough money for law enforcement and the only way that you can actually itemize those impacts is to have a special tax. Otherwise, the money might go someplace else and I know running school bonds sometimes it's really difficult to get a special tax passed but I also think if it's really specific and people know where the money is going that they will pass such a tax.
And I guess on the other hand, you know the other part of me feels like just because I am so concerned about the impacts and yet I know that if there is money available for public health, I sound like a broken record all of those things that we've talked about public health behavioral wellness law enforcement how are we going to know that that money is actually going to go there?
That's what I think we have to have and that's what we heard from that Colorado doctor is that you have to make sure your taxes cover the impacts. And so, I'm going to change my thing up there to a special tax.
Madam Chair.
Supervisor
Lavanino.
So we spelled out an enforcement team that to me was almost overkill, but I want a lot of enforcement so I'm cool with that. Enforcement planning and development now behavioral wellness and public health weren't in there but it can't be that much more? And that was four million dollars if we can't make four million dollars off the tax structure that we're talking about here We got a serious problem.
I'm just saying, Steve,
that if the state has a 30 to 40% tax and the City of Santa Barbara has a 20% tax, if you're going to say we should have a 1% tax here, I'm out!
I'm out. Great. So what you're saying though when you say you're out is let's go back to what's out. What's out is status quo Everything the way it is or we find a way to come to a reasonable number that the first four million goes towards enforcement which is covered by, a lot of its covered by the licensing that they have to go through. So it's not like the money's coming in from the taxation and goes to that.
Okay, I think we've made a lot of progress here and I get the feeling that things are unraveling quickly.
Because if Supervisor Wolf is interested in the special tax maybe I'm interested in the special tax. Because I'm right there with you. Here's the deal. They require two-thirds majority and it's a bad idea. Okay, but here's the deal if you want to do the enforcement thing see here's the problem. You go generate all this money if there isn't sufficient will on the board to put money into that enforcement program then you're not going to have that enforcement program and it was all just a ruse
Well a lot of it, I mean we are the board and do
we have faith in ourselves? Well I've been here a little longer than you have and I've seen us do things that didn't make sense before. But a lot of it
has to do with the faith
of the voters too.
Well here, what I had proposed was something like what the City of Santa Barbara did and that was that they specified in general the kinds of things, in their case it was infrastructure. Here I think for us it would be impacts and I think we could look at that in greater detail and see how we can have a special tax but communicate with the voters and make a commitment here that it's to cover the impacts of the program.
CEO Ms. Soto.
Chair Hartman and Supervisors, I think some of the frustration on the board and the challenges that we're not giving you complete information and we're making suppositions or assumptions about what we can and can't do at this point so I think it's clear that there is definitely things you would like the tax to be used for And you know I agree that we need to do something for our mental health, behavioral wellness, social services. Some of the social services things and so really it's the question is whether we can work with county council on what is to the extent that we can actually specify that?
You know, what's your board's intent? Your board will be this will be the board that approves the budget for next year. There'll be a different board in the following year but the four of you would still be here and so I think it's important to remember that those that's the board that we've making the decisions as well. As far as the issue about whether you can escalate it and how that would work I think we should we would go back and look at what other counties have done Because I know Mr. Gazzone is talking about you have to be specific with a starting and an end, we can look at that and give you some options. We can also look at what other counties have done and to see what's the flexibility you have in that? I think we're making some assumptions now that we just want to give you clear information when we come back in January before you kind of settle on your final decision.
So we'll be back again the first meeting in January and that is January 9th. And Mr. Gazzone?
Chair Hartman and supervisors, so for the time between now and January 9th to be fruitful in terms of drafting I think it is worth taking a slog through on some concepts that seem like you have agreement on that this would be gross receipts, whatever the number is it's tied to gross receipts. That's one thing that you seem to have consensus on. I will say that we have researched and we go through this every election cycle on what can you say on a general tax and not convert it into a special tax in the ballot measure? And the language is something like proceeds would be used for Items such as but not limited to X Y Z. That's a general tax you can call out things if you want to say just limited to certain things public safety mental health whatever that's a special tax once you limit it down to those those certain things and jurisdiction I watch that some jurisdictions cut that closer than others, but per the per the elections code in the Constitution.
You're not supposed to say x y & z for a general tax
Understood. Okay, I think we have enough on the ballot measure and the tax that you can go and meet with people come back And give us more information on our next January meeting So I think the issue of temporary permits and letter of authorization is still on our agenda Supervisor Lavinino did you
I really, to be honest with you. That was just very frustrating process right there that I think the longer we spent on it, the more screwed up we got to be honest with you.
Well let me put something forward with regard to the temporary state license and letter of authorization. I don't think it's up to us to wordsmith a particular letter but I do think Mr. Candy's Suggestions that we state in the letter, the purpose of the letter create a context around section 35 1003 explaining the January 19th 2016 date and inform the state about our impending development of regulations. That to contextualize the letter I would be supportive Providing just the fax letter. Supervisor Williams?
I would be supportive of that too in looking at their letter, the particular good suggestion. This is the Halstern Brace suggested amendments to Mr. Gazzone's letter. What I would characterize as the really good suggestion is just saying that the county does not have the process to adjudicate it non-conforming uses under the code essentially If we're going to say that the operator's claim of compliance has not been adjudicated, we should also say that there has been no process for that adjudication.
And I think that that's the crucial element of that and so I would second the motion if that's a motion.
Okay Supervisor Adams?
Mr.
Gazzone, do you support that letter?
Chair Hartman and Supervisors I think the Hollister Embrace Letter has several pieces on it and I think some would do no harm to the county code and others would be in tension with the county code so we had worked based on the sense of the board this morning on a couple add sentences that if we could put those up on the board In the third paragraph of the draft letter it currently reads, The operator's claim of compliance has not been adjudicated by the county. I think it would be accurate and in compliance with our county code to add these two sentences that first provide the context that the state's emergency regulations just became effective And then that the county presently does not have a process in place that by early 2018 could adjudicate claims of legal non-conforming status under that County Code provision.
I have no objection to that language, I think that's fair and accurate. I think the next paragraph provided by Hollister Embrace becomes more problematic with Article X in that when we start We have a prohibition in article X about anything that sounds like an entitlement And I think the letter would just speak for itself and does not need to say That the purpose it's being submitted is to allow the issuance of a temporary cultivation license. I think the letters speaks for itself It does not need that language, so I think less is more in that area
Okay, so what happens to any of these that are under a violation or zoning complaint?
So I think the draft letter that was provided here. For reasons of due process, note not whether there's an allegation but whether there's a completed notice of determination on that property. And in our system, the allegation which is essentially notice of violation is a conclusion by planning that there has been a violation on the property which then invites the landowner to come in and contest that. And if a violation is then finally found, that's what results in a notice of determination.
6:47 – 7:0118 turns
Did you have a further question? Supervisor Lavinino and then Wolfe.
Thank You Madam Chair I'm just confused with that sentence the County of Santa Barbara Presently does not have a process in place that by early 2018 could adjudicate claims illegal non-conform But okay, so we're saying we just we aren't going to do that process but I understand why we wouldn't say this letter is submitted to allow that. But can't we say or shouldn't we say as an alternative the county's focused on finalizing what we are going to do?
Because when I first read that, I thought that was saying we were going to by early 2018 have a process. But we aren't going to adjudicate that.
So I think that in the final version of this it would not be an italics or have underlining. That was meant to be a reading aid. I think that the concern I had on part of this new paragraph from Hollister Embrace Saying excuse me this new sentence saying the county is focused on finalizing This ordinance and licensing program. I think the board is certainly in the process of considering this for your action, but You have full discretion in this area And I'm
right we don't put anything it just looks like we're not even doing anything with it
So again you have some discretion in this area
Could you say considering or is in the process of reviewing?
We could and really for purposes, I'm not sure whether we need final direction on this today or whether you'd like to go back to staff and write this up. We tried to give you something that you could approve today with this change.
I see. Mr. Bessanich
Chair Hartman and just to add a point on the last question about timing, I would suspect that if the board wants to consider providing a letter, the timing is now.
Okay. And so I would move that we use the letter that Mr. Gazzone worked up with the addition of this amendment but also That we use that sentence, the last sentence of the first paragraph starting with as an alternative. And instead of focused on finalizing, we say the county is, what was the word you used Supervisor Hartman? Is considering a commercial cannabis. So at least they know that we're working on something.
We're just not ignoring it. Madam Chair.
Yes, Supervisor Adam.
Can we have a five minute break, ten minute break and create a letter and take a look at it please? I mean you already have this language right? Yeah okay. Print
five copies please. Five minutes we'll do it. We've got to finish this in five minutes and we're going to try to be out of here by 5 o'clock. Okay, we're reconvening the December 14, meeting of the Santa Barbara County Board of Supervisors after a short break to develop a letter that could authorize temporary cannabis operations or not authorized but at least offer factual statement that growers can offer up to the state. Mr. Bozanich would you like to just say what went into this and then Supervisor Williams and we'll...
So just reading the words here, the words in non-italicized font are the paragraph in the draft letter that was provided in your packet today as attachment C. It just says the operator's claim of compliance has not been adjudicated by the county The additional phrase that Mr. Gazzotti brought back after the break was the state of California's emergency regs for temporary licenses became effective on December 7, 2017. The county of Santa Barbara presently does not have a process in place that by early 2018 could adjudicate claims of legal nonconforming use status under County Code Section 35-1003.
The additional language just put together says the county is considering a commercial cannabis land use ordinance and licensing program consistent with state law. Action by the board is scheduled to occur in February 2018.
Okay, Supervisor Williams?
I will move that we direct staff to use the amended letter.
And I'll second and Supervisor Wolf? Thank you, just for comment there was something that was mentioned, I don't know if it's in the letter about an affidavit that people have to sign and I had asked staff if there was a copy of that. That was one question. The other question I had because this seems like a land-use issue Mr. Buzanich to be the point person I was just wondering why we don't have Mr.. Russell be the point person who could Be the point person Especially if the affidavit talks about the how we did article is it article 10 or article X?
10x I always think it's Article 10 because when we did the intention of Article 10 was that there were a lot of requirements that people had to abide by which was, you know being a medical cannabis operator they had to have records of all their patients. It had to be a non-profit. I mean there were certain things that had to happen and I'm just wondering if an affidavit would incorporate those things because they have to sign it and say that's who they are and what they're doing.
I believe
we have a draft somewhere, but I'm not sure. Ms. Black did you want to start or Mr. Buzanich?
7:01 – 7:078 turns
So I'll start with the part about who signs the letter. I'm happy to let Dr. Russell sign the letter, not to be unfair to Glenn. I know we were teasing that. The one only and not an important policy issue but I had put Myself down as the point of contact with all the state licensing authorities and not that they would anticipate seeing mine, my signature at the bottom of that by any means or shape or form.
But that was really the only reason why I was included in
the draft. If I could just interrupt that and that's okay. I just would suggest that if you get these letters that they at least be looked at by planning and development?
And what about the affidavit? So I believe County Council has worked up a draft of what a possible affidavit might look like. So I can outline that briefly for you. It does follow very closely with what the board's direction was last time and so I'll go through those components of what they have to do. The affidavit says, I'm operating a medical marijuana cultivation site. Mr.
Buzanich could you hold on one second?
Thank you for helping with that role. I'll wait a moment until each member of the board has it. So in this draft affidavit, David, the opening paragraph is as you would expect having the individual identify themselves and their entity, cultivation entity. And then as we get to what they are certifying, they would be certifying that they're operating a medical cultivation site at a specific place which these are two critical components of the state statutes on this That is a legal non-conforming cultivation site in conformance with Santa Barbara County Code 35-1003.A.2 as the site has been operated in compliance with state law continuously since on or before January 19, 2016. These are the exact words that come out of Article 10X.
They also then are identifying, because this correlates to what we would be providing the state whether they have or have not received a notice of determination on any kind of zoning violations. Then again, they would certify and attest to the fact that they did or did not participate in the county's registry. And then a statement that any of these facts identified above are under the penalty of perjury.
Thank you. Thank you for that and thank you, Mr. Gazzone. So I guess this is general enough but do we need to include some of those other things that I mentioned in that they have to be a nonprofit? They have to have a list of their patients there was there was I remember That when we passed this, there was a list of things that people had to show to P&D if they were asked.
Is that incorporated somewhere in this? Like for instance the county code 35-1003?
Chair Hartman and Supervisors, so going back to the board's enactment of Article 10. The statement was very broad of compliance with state law then in effect and state law at that time had various factors depending on which box you would fall into and that's why when we were asked you know to draft something we kept it fairly general to assert the compliance with Article 10 and state law and I think that would actually work And I'm just noting that copies of this also been distributed in the back of the room and clerk of the board is posting them online also.
One of the reasons that I suspect that this won't be changed, but one of the concerns that I have in this affidavit is that it doesn't say that the individual would have understood that this does not allow for any other entitlement. That there should've been a statement about that because And basically what we're doing by even providing this, which I appreciate that you've put together is basically going against what we had. Even though it's very contradictory and that's why I'll be voting against moving forward with this letter because it could be construed to go
7:07 – 7:1425 turns
Okay. Remind me did we I think you moved, I seconded and now we've seen for the letter that the county would send and now we've seen additionally this letter Supervisor Adam?
Yeah. I'm a little confused why you think it's contradictory with Article 10 because If I understand it right, we're not really saying anything here. There's nothing to be contradicted because what we're saying is this person who's filling out this affidavit is saying that they're in compliance. We're not saying they're in compliance. We'r enot saying they have a right to be there. We are not saying anything.
So it's on them as this comes back around. And the reason we're having to do this is because of the sloth of the state. This isn't, you're not. I want to make sure that we're both understanding what we're doing here because maybe you can explain it to me how this is a contradiction but I'm just explaining it to you right now that I didn't think it was and why I think that we're just having to respond to this crazy goofball law that the state's putting out If we're going to do anything in the future.
We've got to allow these guys to stay in business to some degree.
Okay, I'll tell you why because and this is the text of the proposed regulations it says that this letter that this is from the state regulations shall include at a minimum a written statement or reference that clearly indicates that the local jurisdiction intended to grant permission to the applicant entity to conduct commercial cannabis activity at the premises So that what I'm saying is the contradiction is, is that was not our intention when we passed Article 10.
And not only did we talk about that but it's written in Article 10 that that was not the intention so therein lies the contradiction and if people want to You know, send this in and who knows what the state's going to do. That's fine but I just think at a policy level we should be consistent and not move forward with this letter. And then on top of that you know we've heard from our partners from the City of Carpinteria. We've heard from a lot of people who are asking us not to move forward with this and I think their rationale is right. I don't think that the majority of my colleagues will agree with me, but I just think that was not the intention of Article 10. Well, I know it wasn't. It's spelled
out. The last thing I'll say about it is it's not in contradiction with Article 10, it's in contradiction of the state and they've messed us up so much that I think they can just take what we give them. And that's, we'll give them what we're willing to give them and they can accommodate us or they can tell all these guys oh sorry your county didn't do it right. Well neither did they so if you guys get mad at somebody you can get mad at the state
Mr. Cassoni, did you have something to add here?
Just that if there was a motion on this I think we're referring to recommended action G to direct staff to provide the letter that's included in the staff report as modified by the slide that you've seen today.
That is my
motion. Can I comment on the motion? Could you, I would like to see this attached to the letter as well so that we know that the state, the affidavit goes with the letter to the state so that the state is seeing that it is the person swearing to this and that would be nice.
I will amend my motion to direct
that. Mr. Allen, would you call the vote please?
Ms. Wolfe? No. Mr Adam? Aye. Mr Lavinino? Aye Mr Williams? Aye Ms Hartman? Aye Passes 4-1
And just because the board had been taking these in pieces, we still have just the CEQA action at J determining that this is exempt under 15378B5.
I'll make the
motion
that it is exempt. Second.
All in favor say aye.
Aye.
Any opposed? Oh, I'm sorry. I just need a timeout for a second. That this action that we just took about the letter
Yes, actually it was for the actions. This was J so the actions throughout the day in the tax motion and on the letter are exempt under
what we're concluding in the day's actions. We're not talking about the coastal piece? No. Okay thank you
So once again, I think we have a motion and a second. All in favor say aye. Aye. Any opposed? Motion passes Before we adjourn CEO Miyasato has a report about the fire update and some very sad news
Thank you, Chair Hartman and board members. I don't know the progress of the fire. I don't think there's been much change posted but I do want to say that we're very sad to say there was a firefighter who was killed on the line today. Fatality occurred. It didn't tell me where on the line but it was a member of our Cal Fire squad from San Diego. He was a Cal Fire engineer There's not a lot of details as I know Cal Fire is contacting his family but I know that we all in Santa Barbara County, your board and our residents want to express appreciation to that firefighter and his family who was here helping us in our condition. So our condolences go out to him.
Thank you Mr. Cassoni
Chair Hartman, in talking with Mr. Pisanich he was just requesting a final motion on the A portion of the agenda which was basically I think adopting the table that the board had discussed but he'll speak to that
So members of the board and chair, I would suggest moving item A sub number little Roman numeral 2B which gives us the other direction you gave us earlier today. Agenda recommended action B little number 6 in Roman numerals then CDEF and I to go with the CEQA action that we took a moment ago and the other motion you took on item G.
I will make that motion, may I have a second? Second. Do we need a roll call vote? All in favor say aye. Aye. Any opposed? Motion passes so we are adjourned until January 9th.
7:14 – 7:151 turns
And since this is your last meeting i think you did an outstanding job as chair Music