UnGovr Transcript
iHow this transcript is madeUnGovr transcribes the official recording with automated speech-to-text, separates speakers by voice, and matches voices to the seated roster. Names and attributions are AI estimates and may contain errors.Verify any quote yourself: click anywhere in the transcript and the official video jumps to that exact moment, so you can check any quote against the recording.0:02 – 0:0515 turns
31st 2020 meeting of the Santa Barbara County Board of Supervisors. Will the clerk please call the roll?
Mr. Williams?
Here.
Ms. Hartman? Here. Mr. Adam? Mr Adam?
Here!
Mr. Lavinino?
Here
Chair Hart?
CEO Miyasato, is there a CEO report today?
There's not a report today.
Thank you Madam Clerk any announcements or changes to our agenda
Chair Hart and members of the board, I just have one quick announcement this morning reminding the public the multiple ways to participate in the Board of Supervisors meetings as we are still not allowing in-person participation. There are three ways. The public can submit public comment letters to our sbcob at countyofsb.org email address and they will be included in the record. The public can also email that same email address and request that letter be read into the record during the meeting.
And the final option is by phone, if a member of the public would like to request to speak on a particular item please call area code 805-568-2240 and that will also be scrolling on the top of your screen at the moment. State your name, your phone number and which item you'd like to request and the clerk will call you at the appropriate time. Those are all my announcements.
Thank you very much next item is approval of the administrative agenda do any board members request to pull? Administrative item number one Hearing no one or is there any members of the public that want to speak to administrative item 1
Chair Hart and members of the board I have no requests to speak on the administrative agenda,
and then if you just read item a1 to the record
0:05 – 0:1019 turns
Yes, chair Hart administrative and number one is from the county executive office it is to approve budget revision requests and there is a forfeit vote required on this item.
Thank you can I get a motion to approve the mystery of agenda
so moved
second motions been made by supervisor Hartman and seconded by supervisor Williams roll call vote please
Mister Williams
I
miss Hartman I Mister Adam. Mister Lavagnino. Chair Hart
I
motion passes unanimously.
Now's the time
Agenda Discussionitems moved / continued / pulled, click to expand
for members of the public to speak on items that are not on the agenda. Madam Clerk, are there any requests to speak on items that are not on today's agenda?
Chair Hart and members of the board, I have one request to speak on general
public comment today and that is Tom Becker and I will go and give him a call right now.
Thank you Mr. Becker,
welcome. Okay hi this is Tom Becker speaking from Muleton and there are two points I'd like to make this morning first off you have received numerous requests from people for deferment of property tax in the county as you probably are well aware the IRS has deferred tax payments until July 15th and there have been other deferments from other government agencies for fees and taxes Your county hasn't done anything at all to defer property tax payments for people who have lost their jobs or whose businesses are going down the tube because of this crisis.
I just went on the county website right now, there is absolutely zero effort being made by you people to make any effort to defer property tax which could be a crushing blow to people. It just shows that you don't care, you really don't care do you? You really don't. Because if you defer a property tax, that might impact your union buddies somehow. That maybe they aren't going to get paid. So I don't know what your problem is. But anyway, that's point number one.
Point number two. You people, many of you have supported over the years the densification of communities by building apartment units, condos and very dense structures That kills people. We have now proof, if you didn't need any more proof you got it now in New York City that is an overdeveloped densified slum that half of all deaths are in New York City and you people especially Greg Hart who has been a densification person for years are putting this down that road And then Greg Hart's in charge of community emergency services here or something, I've seen him on the TV. That's like putting typhoid Mary in charge of the health care service.
You people need to stop densification and overdevelopment. You need to promote the construction of single family home communities. That is the greatest way of social distancing is by creating low density communities New York City is killing people at the rate of like 300, 400, 500 people a day. Even their idiot Governor Cuomo admits it's the densification of that city that's killing people at a rate 10 or 20 times higher than rural low density communities and I'll probably talk about this more on agenda item one and I'm really angry at some of you people just the fact that you're not even deferring property tax Shows that you're really not even thinking about the people out there. And that's all I have to say, thank
you. Thank you Mr. Becker. Supervisor Williams?
Well, I was going to indicate that there is something on the website for the county at the tax collectors website indicates though it is not Up to us since it the due date of property taxes is written into state code that anybody who has been impacted by the. Financially, by the COVID crisis can apply for a waiver of late fee and interest as articulated on that website.
Thank you Supervisor Hartman
And I just wanted to add that our treasurer, Mr. Hagan was here at our last board meeting to talk at length about that.
Thank you both for clarifying that. Are there any additional public comment?
Chair Hart and members of the Board, that was our only request to speak.
Thank you. Next item is Department Item 1. Would the clerk please read the item into the record?
0:10 – 0:215 turns
Chair Hart and members of the board, departmental item number one is from the county executive office. It is a hearing to consider recommendations regarding a coronavirus disease 2019 COVID-19 update.
Thank you Dr. Dorninoso I know you're getting settled over there just take a minute thank you for being here thank you for all the incredibly long hours that you are putting in helping us
Thank you and my what I tell staff is that this is our jam. And I'm going to stick with that so thank you for your support good morning. I'm here to give you an update about our work and the state of affairs, but want to remind everyone that our response objectives is number one, to flatten the curve. Reduce the spread of infection and deaths. Two, reduce overload to the healthcare system.
Three, to protect healthcare workers and frontline responders. Four, protect other essential personnel. Five, assist the most vulnerable individuals affected. Six, assist with economic mitigation and recovery. And seven, inform the public with accurate and timely information. The situation status as of yesterday in Santa Barbara County, we have reported 88 cases.
Total tests and the testing lags because we are still processing the lab results from both commercial labs and private labs so in our county 600 and 761 Total tests have been completed with 128 pending. 49 of our 88 cases have recovered, recovering at home and to give perspective in California as of the 29th there are 5,763 cases with 135 deaths. And in the US that number would be roughly 140,904 cases with 2,405 deaths and these numbers are reported as of yesterday.
Case progression in our county versus California and the nation. And you can see that roughly, California and the nation, the curve is on the same trajectory. What's a little bit different about Santa Barbara County is that we're about one week behind in lagging, and the scale is much lower. The non-smooth curve that you see It's most likely artificial due to lag in lab reporting and it's more obvious because of the small sample size.
You have heard that we, as a county, have embarked on modeling efforts. So what I can share with you is that we are looking at three models. One is from Penn Medicine. The other one is from a NAHER lab. It's not Mayhear, it's Nayhear Lab and the University of Washington. So the key variables for these models they take into consideration the number of cases that we have, the number of hospitalization, the number of folks in the ICU and the number of patients on ventilation.
In just really roughly looking at the three models, we know that there's a range in peak dates. So that peak date ranges from April 26 to July 28. So peak date really refers to when we crest, where we're at the top of that curve. While the model is limited by the small size of our county and the lack of precise data, it does offer us critical information on what we should plan looking forward. So we're running the models and Debating which really reflects our local needs.
But as we do that, we're planning for the best case scenario or the worst case scenario. So as more data becomes available, we can scale that need. So based on our preliminary modeling, we are aggressively pursuing 500 to 1,000 alternate care beds. And these alternate care sites will allow our hospitals to care for the critically ill. What's interesting in our initial modeling efforts is that as we play with the percent of social distancing in our community, that has the largest impact On the number of cases and it has the largest impact on hospitalization rates.
So what that means, what the modeling efforts really mean is it allows us to further work with our hospital partners with surge planning. My team, Jan Kogler and her hospital emergency preparedness team have been working on surge capacity with hospital partners and will be meeting with leadership teams from the hospitals this week to get their input on our final model.
So in terms of alternate care sites, as I mentioned earlier we are hoping with EOC and we're really planning on 1,000 beds with the goal of standing up to 500 beds as early as two weeks. With regards to medical equipment. So while we're planning, while we're modeling, we're still aggressively pursuing resource for our community. So we are submitting a request today to the state for thermometers, ventilators. As I mentioned earlier in a previous meeting, we will be requesting 100 ventilators, 500 disposable ventilators Supplies to run the three alternate care sites and specimen collection supplies.
There was a question about how many vents do we have in our community? As of today, we have 85 ventilators so that includes the 64 ventilators and 21 surge ventilators. And we know that the hospitals have put ventilators on their order lists. Immigrant Health Rapid Response Collaborative. So this is a group of committed community members and academics of UCSB that realize that our immigrant communities need additional support in terms of bilingual and bicultural education.
The group has identified five areas of priority. The number one is health education, number two is interpretation and translation, three is access to healthcare, four is communication, five community outreach and immobilization, and six other social determinants of health. So as a public health department we quickly addressed last week access to healthcare We created an opportunity for anyone who has COVID-like symptoms to enter into our healthcare system free of care. And we pushed that flyer, that information out and it was translated as well as interpreted by our community members. We want to make sure that any community members who are feeling sick, that cost is not a barrier into entering into our healthcare system.
So we are, as a public health department again, we are meeting weekly. This effort is led by Dr. Melissa Smith. She is a physician at UCSB as well as a provider in our public health department. Coordinated response, I want to point out that our website continues to be updated on a daily basis. www.publichealthsbc.org is a site where people can get updated statistics and information. We have our call center available for community members at 833-688 5551, as well as a community wellness call center.
This is where we can provide emotional support to anyone in our community who may need it and that number is 888-868-1649. As always 211 is available, as well as CDC and CDPH websites. And I'd like to end with practice social distancing always. And stay home if you are sick, always.
Thank you Dr. DiMarino. That was a great presentation. Questions from board members? Supervisor Williams.
Well, did I hear 84 events correct? And just to give a context 85 85 you Terry and you reported to me on the 9th that was there was 46 So that's that means that you're making progress That our medical community is making some progress and having greater supplies even before I think that should give people some. Assurance that you guys have been working on this ventilator issue and have made progress nearly doubling the amount.
0:21 – 0:2811 turns
Thank you and thank you for all your hard work, Dr. Del Reynoso. It's been 24-7 for you and all the people working with you and we appreciate that. Could you talk a little bit more about the immigrant health education materials and how we can all support you in getting this information out to the various people and groups that we work with?
Sure. So we right now are, the collaborative is meeting on a weekly basis and we are rather than reinventing the wheel, we're taking health education material that's already published either on our website or via CDC and making sure that they're bi-cultural and they are bilingual. The big need that we're acknowledging is that within our immigrant community, there are community members that it's not in written language, the indigenous population. So we are partnering up with our community interpreters to be able to do that and so this is an effort that is joint and that will be supported by philanthropic activities as well.
Are there any additional questions? Supervisor Lavenino.
So I think that's important, but in speaking with the hospital it didn't seem like it is the Oaxacan community or the farm worker community right now that's hospitalized. While highly Hispanic rate, it seems more like a middle class That's been affected immediately, and for some reason the message isn't getting to our locals here in Santa Maria. So my question is how do we? Is there a strategy in our county of either doing PSAs or text messaging or something that Kind of helps people understand what they should be doing.
Because what we're doing right now, I mean our press conferences are great. I watch them but I don't expect that that has a high view rate and so how do we get to that average person that's just staying home right now or not staying home? And how do we contact that person and what's our strategy on that?
Great, great point. Supervisor love me know so I will say that now that we've had a moment to breathe. That is a question that I will pose to the collaborative beyond what we're currently doing how do we mobilize Community leaders within the immigrant community, within the Latino community to be able to be our partners and be our spokesperson to change the norm and the behavior in their community.
But here is Terry as well.
I'm sorry, I'm not trying to interrupt you. It's just hard going back and forth when we're out here like this so if I do, I am sorry. For me, it's like you said the collaborative meets once a week. And the way this thing is evolving we're already behind and I understand you've had a lot of other things to do so I would offer myself that I would be happy to work with Gina or whoever that can craft something. We definitely have folks up here in Santa Maria that the community listens to. I know who those people are.
And it would just be nice if we could say, hey I can get something done in the next 24 or 48 hours. We just need to know give me a message. We can have it delivered and it's going to cost practically nothing but I really feel like if we wait around for another week and then by the time you craft something you get it back to us and we're talking two weeks at that point is too late so If we could work offline, but I just need the go ahead from this body and whoever that can tell us yes, this is a priority. This is something we need to do so that I can do it.
Supervisor Lavanino. Hi, this is Mona I just want to yes We would love your assistance in that the Joint Information Center is doing a lot and I want Terry just to brief you quickly about all the things that we our baseline is to do almost everything in Spanish that Other agencies aren't doing but we've always done that for disaster So I wanted to give a little background But yeah, we would love your assistance in doing that
Great, thank you Mona. Chair Hart, Supervisor Lavinino. Absolutely as our CEO mentioned we will use every avenue available to us to communicate with our public during this crisis absolutely. We immediately reached out to Mary Ann Regional Medical Center yesterday they made an offer through their public outreach individuals once we became aware of the concern yesterday.
We reached out to Mary and we also immediately reached out to the city of Santa Maria. We have been working with their PIOs as part of our operator, our OA, Operator Area PIO's so we made an immediate contact Yesterday afternoon to take them up on their offer of support as well. But in terms of what we are currently doing, over one month ago I think we were one of the first counties to stand up a fully translated Spanish website with all materials specific to our county in Spanish. We also have produced over the course of the last several days several videos that will be releasing and we definitely would like A broader Spanish-speaking campaign.
However, in addition we need to reinforce our early messages. Very early on we had information out about the basics as Dr. DiMarino so indicated wash your hands socially distance etc. We need to continue to reinforce those messages across the entire population because that's what's going to make a difference and we will work on that. So yes, we will be in touch this afternoon to make sure we get you messages. Thank you so
much. I really appreciate that. That was a very quick turnaround.
Yep,
absolutely. So I have another question about the events on the order. So is there a priority number or? I need to know more how about that works so that 85 vents is better than the number we've heard in the past. But from what I'm understanding, these patients are now staying on the vents longer than anybody had originally anticipated. And so a number that we had might actually be half of what we actually thought we would need. So how does this work?
0:28 – 0:3411 turns
So-
We just file something with the state or how does this actually happen?
Yes, so we submitted a request for 100 vents. And how many of the hundred in our order to be gotten is anyone's guess? In addition to that, we have ordered 500 disposable vents and in hopes that between the 100 vents and the 500 disposable vents that our community will get some. In addition to that, again the hospitals are pursuing purchasing events from non-state stock. So that is a situation that I think every community is worried about and as our nation supply events come online, that is something that we will again aggressively pursue.
And with regards to your earlier question about how those events will be distributed, we have a fairly rigorous algorithm for dispersing scarce medical supplies that the community providers, hospitals, emergency preparedness experts are on and we allocate the resources via that method.
Okay, I had one more question. It was about the immigrant health rapid response. Can you explain? So you said something about that if folks show signs that they would come in free of charge Can you explain that?
Sure. So early on, we had heard in various communities not Santa Barbara County that there were COVID patients who were sick and didn't get the care that they needed due to cost being a barrier. So when that was raised to our attention from our community partners Quickly, our team assembled and said because we are a safety net what can we do? So typically the co-pay is $45 to that is their cost of share for us to initiate the patient visit. That for now has been waived so any member without insurance can with COVID like symptoms Can come into our health care centers or any of our 5 health care centers and be able to get the care that they need. And the other question was some concerns about well, what if I came in with covid like symptoms but it turns out that I am negative that doesn't really matter as long as you present with those covid like symptoms we will treat And so we were, and I want to just really pause and give a shout out to my team for making this happen.
My electronic health records team, my fiscal team, providers for quickly hearing a community need and putting it into action within a few days.
Thank you. Supervisor Adam did you have any questions?
Yeah, I'm just going to refrain from going into the individual slides and stuff. I really have a problem with these nominal numbers getting thrown out. I think we should be looking at things More in percentages, and I really don't like our graph on page two that is a cartoon because there's no numbers associated with it. That's depicting flattening the curve because we don't know that any of that stuff's true and it gives a false impression Happening or likely to happen, and we don't know any of that stuff. So I'm not a big fan of the way we're dealing with this. I wish that we were dealing with it with more rational numbers and converting things to percentages.
Specifically page four, the graphs on page four should be apples-to-apples comparison. Instead of just nominal numbers because I just don't think that means anything.
Supervisor Hartman, did you have a question?
I have one more question.
Supervisor Lavinino?
I was just wondering if we could get a quick update. I guess this would be the right time for it on the Santa Maria High Shelter and how that's working or not working.
0:34 – 0:516 turns
I don't have that information readily available.
All right.
We'll have somebody get that to you or we have additional presentations from Sheriff Brown and Fire Chief Hartwig, so maybe in the interim time we'll have staff available to answer that question. Supervisor Lavinino?
Thank you.
Next step. Sheriff Bill Brown, would you please come? Thank you for being here. And thank you and your department for all your service in this moment.
Good morning Chair and members of the board, members of the public. Thank you for the opportunity to come and present some information to you about how law enforcement collectively and the sheriff's department in specifics is dealing with and responding to this unique and unprecedented set of challenges that we're facing. The Sheriff's Office and all of our law enforcement partners throughout the county are faced with maintaining law and order Protecting the citizens of our county, protecting our own employees and those in our care from not only the day-to-day challenges that we face but also this new threat of COVID-19.
To that end, our County Law Enforcement Chiefs have united in our efforts to Educate the public and seek voluntary compliance with the stay at home order. And other public health orders as well as protecting the public from those who may seek to victimize people during these difficult times, and I want to take the opportunity to summarize some of the adaptations and preparations that we have undergone.
As an agency to both combat and prepare for this pandemic. And let me summarize in four key areas. One is law enforcement operations, two will be custody operations, three is the coroner's function and last but not least what we are doing as an employer. As far as law enforcement generally goes at present our current deployment of frontline law enforcement resources has not changed We are currently deploying normal patrols throughout the county.
And we do have investigators who are still investigating crimes, albeit a focus and an emphasis on the more serious crimes. Deputies assigned to patrol operations have been supplied with personal protective equipment or PPE. And they have been given guidelines for when to don this protective gear. Dispatchers are screening 911 calls to determine if first responders should don protective equipment so that our first responders arrive at emergency scenes prepared.
Deputies on patrol are using discretion in their contacts with the public, to both maintain social distancing whenever possible and also to minimize the number of people who are brought into custody and ultimately into our custody facilities. We are using online and telephonic reporting. We have a robust online reporting system that is available to members of the public through our website at www.sbsheriff.org, and many types of reports can be reported online and also can be followed up with by telephone.
We've developed staffing plans and redeployment plans in the event that we are impacted with a significant reduction of our available personnel or if there's a need for increased law enforcement presence for any given situation. As an example, many of our investigators have redirected their daily tasks to limit their interaction and potential exposure to the public so that they may be available to respond to primary frontline law enforcement functions if needed.
All of our county's law enforcement agencies have, as I said, presented a unified front in coordinating and communicating. And we conference regularly for mutual aid and regional cohesiveness. And we in the sheriff's office have law enforcement embedded I met and we are coordinating our activities and strategy with our other county partners. As far as enforcement of the public health order, that united approach by all law enforcement throughout the county seems to be bearing good fruit.
Our efforts have been to gain voluntary compliance with the order and to collaborate and educate with the public and with businesses and the community generally on the necessity to comply with the orders. The Health and Safety Code authorizes health officers to take necessary steps to prevent the spread of infectious disease, and it grants the authority to the sheriff to enforce those orders.
And that same authority is granted to chiefs of police and to the district attorney and to all of our collective sworn law enforcement officers. If voluntary compliance is not achieved and a given situation requires enforcement action to limit the spread of the virus, we are prepared to take necessary steps to ensure the public safety and the effectiveness of the health officer's orders.
The levels of cooperation that we are seeing however, are exceedingly high. And the vast majority people are adhering to the state and local orders. I can't emphasize enough, however that it is critically important. That everyone in our community embrace this stay at home order and understand its gravity and understand the importance of it in the collective strategy on how we are going to contain and ultimately beat this virus.
This is a highly contagious deadly virus and it is not just a strain of the flu. It is something that we all have a responsibility To work together and the you've heard it ad nauseum, but the idea of flattening the curve is critically important. And it's what we can do collectively right now As I mentioned, we've received a small number of reports of violations of the order.
We have contacted individuals through persuasion and through education been able to gain compliance with them. Some of the calls have been misunderstandings in terms of what is and what is not permitted under the order. The state order. But we will be steadfast and I want to make it very clear diligent in seeking and bringing to justice any criminal offenders who would attempt to take advantage of this situation to prey on other people and that includes not only outright And obvious crimes like burglary and fraud and theft, but it also includes those who would repeatedly or egregiously violate the stay at home order.
Like to now talk a little bit about what we're doing in the jail to protect our inmates are staff and the public alike. We've been in constant communication with the courts, with the district attorney and public defender working on measures to ensure the continuity of access to the jail. Court operations have been suspended for most proceedings except for arraignments detention hearings for juveniles.
The issuance of emergency protective orders and a handful of other emergency legal actions We have installed and we will be implementing video court appearances this week, which will reduce the number of inmates who have to be physically transported to court. The court has taken unprecedented steps to allow for ex parte experiences appearances. Which means that in cases that are before them now they can be heard using only an attorney and not a defendant himself or herself without the need for that person's physical presence.
We've increased the jail capacity release credits for sentenced inmates from an existing 21 days that we had already implemented as a result of jail overcrowding and to limit our population. And we have modified that to 30 days at this time, but we're still looking at how an inmate scores on their likelihood to re-offend and using that in the ultimate decision to release that inmate early.
We've examined hundreds of inmates for early release and maximized our electronic monitoring. Unfortunately, due to the current crisis, the supply of ankle bracelets and GPS units are about as hard to find as M95 masks are. So we have ordered more, and as we get them, we will expand that program as well. The probation department's pretrial unit has been likewise reassessing hundreds of inmates for inclusion in their recognizance programs.
And behavioral wellness has stepped up in their efforts to screen and assess inmates that have behavioral health needs, to get them released for placement in the community In community based programs and housing so that they can be released from jail and have continuity of care. To protect those who are already in jail who must remain there, and new inmates who are booked for serious or violent charges, we have cleared several housing areas for reception housing.
All newly admitted inmates are spending their first 14 days in incarceration isolated from our general population. Thereby reducing the potential of introducing the virus into the jail. In addition, we have consolidated our most at-risk inmates in one wing of our facility. This has allowed us to restrict access and separate them from potential sources of exposure.
Our WellPath healthcare partners and command staff have developed a state-of-the-art response plan that is being shared and copied across the state. It follows CDC, NCCHC state and local public health guidance to detect respond and contain the disease. To date there have been no confirmed inmate cases of COVID-19. We're taking strong steps to protect the integrity of the jail and the perimeter of the jail in our quest to keep the virus out.
We've instituted temperature checks for all persons, employees and others alike. Vendors repair people and what have you. Anyone that has to come into the jail for business has to have their temperature checked and if they have a high fever they will not be granted access to the jail period. We've also limited access to our staff dining hall within the jail to only those employees and contract staff who work in our facility We've suspended all inmate visitation for the foreseeable future.
However, we understand the impact that this has on inmates and families. And we've taken steps to keep them in touch with their loved ones. These include giving them additional free telephone minutes and also providing them with free postage paid postcards so that the inmates can stay connected with families and friends while they are incarcerated. We've also expanded the availability of our educational Wi-Fi tablet program.
This allows for longer access to more inmate housing areas, in order to provide the inmates with constructive activities that they can pass the time with. Some of the most vigorous efforts have come from the front lines. Field deputies and police officers throughout the county as I say have encouraged the exercise of discretion wherever possible and have reduced the number of physical arrests significantly.
The rate of admissions to the jail has decreased to levels that we have never seen before in modern history. This has played a significant role in reducing our daily population. Yesterday, our count in the jail was 685. That's the lowest number that we have seen in the Santa Barbara Jail for more than 50 years. Our law enforcement and custody staff have always been the first act And the last to stand down in a crisis, no matter the potential for personal harm and custody staff in particular are doing a tremendous job.
And I just want us single them out as well as our patrol people for the tremendous job that they're doing. As far as the corners operation goes while we are hopeful that our efforts throughout the county will result in a decreased number of deaths associated with We're planning for a surge in the number of coroners investigations and the overall impact on the coroner's system.
The Sheriff's Coroner's Bureau is actively engaged with the statewide coroner's mutual aid system. We've expanded our local surge capacity in the event of a rise in mortality rates in the county, and we are prepared with staffing plans with disease prevention and contamination efforts if we see an increase related to COVID-19. And lastly, some remarks about the Sheriff's Office as an employer.
As an employer of nearly 900 people who are in a variety of full-time part time and volunteer capacities we are taking many precautions and proactive steps to ensure the health and welfare of our employees. We are considered an essential workforce and all of our employees play a key role in keeping the public safe And our frontline law enforcement operations and corrections functions operating.
As you are aware, through our press releases and our own reporting to the Public Health Department, we have unfortunately had a number of our employees affected by the coronavirus. To date, we've had five sheriff's employees and one contract worker test positive for the virus. I'm pleased to say that none of them has required hospitalization And one of them has recovered and is already returned to work. And the other four are recovering at home under quarantine.
We've had 17 more employees who have been or are currently on or quarantined by order of the Public Health Department due to possible exposure, and another eight or more are on self-isolation due to possible symptoms or other collateral exposure. Many of those quarantined exhibited no signs or symptoms, and many of them are already back to work after the prescribed quarantine period.
With an agency as large as ours comprised of people who are required to interact with the public on a regular basis by virtue of the work we do, exposures are likely. And we've taken many steps to minimize those exposures to our employees. Just a few examples of those include educating our employees continually on proper handwashing and other prophylactic measures that can be taken.
Providing cleaning materials and hand sanitizer throughout our workplaces, and encouraging repeated cleaning of common work areas and surfaces. Increasing the frequency of janitorial and deep cleanings of our stations, our workplaces and our vehicles. Identifying and authorizing employees who can to telecommute or work from home, or an alternate location in order to minimize exposures.
Using Skype and Zoom and other social distancing measures in our routine meetings. We've also recommended our employees do not carpool or ride collectively in cars with one another unless absolutely necessary for officer safety or other mandated reasons. And we modified the work schedules of employees working in close quarters, such as those in our business office and systems and technology. To limit the amount of people in the workspace at any given time to allow for social distancing.
Those are just a few of the measures that we're taking and we are evaluating their effectiveness on a daily basis. In closing I'd just like to say that we at the Sheriff's Office are committed to being leaders in our community. We are committed to setting the example, to maintaining a positive attitude and mindset throughout this emergency. And doing what we can do to pull our community together during this stressful time so that we may all work together effectively to achieve the best possible outcomes.
We're all in this together for the long haul but If we cooperate and if we work according to the plan, be able to ultimately contain and defeat this COVID virus. Thank you. I'd be happy to answer any questions if you have any.
0:51 – 0:574 turns
Thank you, Sheriff Brown for the very comprehensive report supervisor Williams and then Supervisor Hartman.
I was just wondering about your were trying to explain first of all thank you for your efforts. I know this is a huge effort to balance public safety on In terms of crime, with public safety in terms of reducing risk of infection. But of course part of the question of the number of people that are in the jail is usually a function of how fast our court system is going and if that it's going slower do you have some concerns?
That will mean that we have more of a population than is necessary We're going to see. Court operations there. I think they're
But with video conferencing and with alternatives, with the ex parte hearing process and others. They're doing what they can do to try to modify the current system to adapt to the pressures and challenges that we face. We are gonna see I suspect for a period of time while this is all being put together and coordinated. Perhaps somewhat of a slowdown, but that has been ameliorated to some degree by the fact that we have released a significant number of inmates early already.
And because the tap has in essence been turned down in terms of the inflow of prisoners as a result of officers exercising discretion, issuing citations instead of physical arrests if necessary. Issuing warnings if they can suffice rather than a citation in certain instances. And the reality is that we're not gonna stop, crime will not stop while this COVID-19 situation is upon us. And sadly, we've seen that with a murder that occurred in Lompoc and other serious crimes that we're still going to have to arrest and incarcerate people for.
But I think that it's like everything else in our system. It will adapt, and we will work with the courts and work with our criminal justice partners to make this system as efficient as possible and to keep as many people out of jail as we possibly can. And to protect those who have to stay in jail, to the best of our ability.
Of course it should be a sign of some level of civilization that crime isn't going up. You know all of us that have a tendency to watch post-apocalyptic fiction you know usually people go crazy in these fictional accounts and it says something about our society that in these times That crime is either staying even or going down with the exception of additional domestic disturbances as you explained last week.
Do you, can you obviously you have to think about I'm going to address the problem that's in front of you first. In order for us to have a sustained response to this, we are going to have to address fiscal needs in the next year if you are able to execute some of these measures effectively and sustain them then obviously that would help The sheriff's department deal with these fiscal issues and make sure that we have resources for other things.
And just hope that you can Put that into some thought or have someone working on that question as you go forward. Because it would substantially improve our ability, of course to adapt to tougher fiscal times if you can continue to execute maybe not this low a population but a lower population than we were otherwise. I think that's a really good point. I think it would be helpful to have that kind of thinking that we would have. And then the last thing you know, I get a lot from residents sort of debating or wondering.
You know who they. Can you give us some examples of what residents should be calling you guys about in terms of enforcing social distancing? And can you give out non-911, the right non-911 office number so that people don't feel like they're bumping something that might be a greater concern.
0:57 – 1:0411 turns
A need to report something people can call the emergency operations centers call center. Unfortunately, I don't have that number immediately at hand here but I will certainly make sure that we get that and post that perhaps later on in this broadcast for you. I'm very pleased to say we really haven't had that many calls, and we've had a few to our 911 center which would like to discourage.
If it's not an emergency please don't call 9-1-1. You can utilize the business number or as they say call directly to the call center and your call will be recorded and then passed on either to the enforcement authorities or to the planning authorities to determine if it's something that they maybe need to notify a business owner something like that. And then just if I can just comment on your first set of comments, Supervisor Williams.
Certainly we see the major potential if not likelihood of economic downturn and the winds of that are certainly starting to blow and we recognize that and understand Everybody has to understand that the sheriff's office is already in a weakened state from the standpoint of our overall staffing. All of our functions really are essentially at either minimal or critical staffing levels, and you heard it said a number of times in the last budget process there's really no stretch left in the rubber band. We are really down to really minimal levels and It's going to be very important to recognize and balance public safety needs as a priority, as we move forward during difficult times.
Perhaps to a greater extent than it has up until this point because it's our ability to serve those particularly those who rely on us for frontline law enforcement service in our unincorporated areas Is going to be impacted by this as well as those we contract for services is as far as the economic conditions of the cities. But we're definitely going to to really face some challenges and it's going to require a set of priorities that really makes public safety, the number one priority.
Let me just articulate a realistic scenario that I'm trying to ask you to think about, which is that now that you're adapting with video arraignment and with other things as I'd much rather be spending that money on adequate frontline patrol. Especially given that petty crime goes up during bad economic times than then on a, prison population that's 70% awaiting trial. I'd much rather see 50%, you know, and and see some savings from that that incurs so that we have adequate public safety resources for the frontline as you articulate
And I would certainly agree with you and I can assure you that we're doing everything we can do to embrace technology and to use it to leverage our limited resources and to make things more efficient. And, uh, I think that the public that we serve recognizes that and is through this process as well as others is going to adapt to that as well. So I'm with you on that.
The call center number for folks who are interested in reporting incidences of people not complying with the stay at home order or businesses that remain open, anything like that is 833-688-5551. Supervisor Hartman?
Thank you Mr. Chair. Just a couple of questions. What was the jail population before the crisis started?
I can tell you that we have. I don't have that number immediately available, but I can tell you that for example if you look at our. Our month are. Our numbers as of Monday compared to where our numbers were with the same month a year ago for example or numbers are down by about 20% from where they were so about 20%. So we're just Right, hovering right around the 900 level and we're hovering right around the 700 level right now.
Thank you. And I've had a lot of queries about how we're taking care of our first responders so I appreciate that if if a law enforcement person has somebody in their family who has an underlying condition what accommodations do we make in that situation?
We have, to my knowledge, only had that happen one time and the law enforcement custody officer in that situation was placed under isolation at home along with his spouse. In terms of we have had the opposite happen where it would appear as though the officer or the employee has contracted it and at the same time Their their family members have so we have multiple family members with it at the same time that they haven't.
We currently don't have a mechanism to allow for the separation if you will give an alternative housing opportunity to our staff I think that's a good question. I think it's a good question primarily I think because if it gets to that point the likelihood is We are probably, I mean we have been taking a lot of steps now that we may not be able to in the future.
If and when the rate of infection spreads, we're going to get to the point I think where unless somebody is symptomatic, we're not gonna really be able to do much of anything if we don't have enough people to staff our critical operations. And that's really what's happened in many other areas of the country where you've seen this as the rate of infection increases.
I think the likelihood is we're all ultimately going to get exposed to this at one time or another, but the goal is really to just push that down the road as long as possible.
Any questions from board members in Santa Maria? Okay. No, I
don't think we have anything up here.
Thank you. We next ever present. Thank you, Sheriff Brown. Appreciate all the work and all of the work that your deputies are doing to keep us safe. Next presentation is from Fire Chief Mark Hartwig. Chief Hartwig thank you.
1:04 – 1:177 turns
Thank You Mr. Chair members of the board. Ms. McSutto Just wanted to, if I could address kind of three areas today. One is the departmental efforts specifically county fire and what we're doing specifically on in response to COVID our operational area efforts, the OES Fire Rescue Operational Area and then maybe just finish it with some kind of personal impacts that I've picked up on specifically related to the Department As the sheriff said, we are starting immediately upon the call.
You all know that more than 70% of the calls that we receive in the fire department are for medical emergencies and so screening those calls is Is the best way we possibly can helps those crews as they respond to these medical emergencies. Initially, when we were looking to keep the virus out of the county really more of a control scenario. We're only responding to certain calls with our personal protective equipment. Now that we've really gone into a community spread situation, we're treating every call as if the patient could be COVID positive. And so we're responding appropriately. I brought in some PPE to show you what we might look like. We do look a little bit different and I think the biggest difference is The Tyvek suit, we would love to use gowns but gowns are in short order.
In fact we understand you can't find them anywhere so we do have an abundance in this county of Tyveks suits and so right now our personnel are responding in those when they're in proximity to somebody who could be potentially a COVID positive. So they'll have the gloves on that you would normally see. Of course, we have those on every call. We have what we refer to as the duck bill which is that N95 mask and some of them around but often you'll see this configuration. They'll have their eye protection on and then they'll have this Tyvek suit on so we think we have a line on some gowns and so it looks a little less ominous when Interacting with the public, but right now it'll be a full white gown more than likely with a hood and booties.
Again, a way for us to and our folks to keep from getting any viral load on their uniforms and then going back of course to the station or to the market or wherever they might be to carry out there. Daily activities. The other thing that we're That you might see is you have the Surgical mask and will carry these if the patient exhibits any signs and their medical condition allows it We'll actually paste a surgical mask on the patients, so you'll see that as well Get back to my notes here After they go and treat the patient, they're coming back to the station. And because they really live in a house-like family setting, really a communal living area, it's really hard to be social distance there. So what they're doing is we've set up assessment stations.
And so we have thermometers and some guidelines to use as they come back into the station. They come to work and then throughout the day they will assess themselves Typically with the thermometer check and so that they can kind of trend their own health status throughout the day. They're on for 24 hours, makes it even more important that they have that available to them. In case of an exposure, and we have had one exposure, and we define an exposure not by simply somebody who you come in contact with in full PPE.
Personal protective equipment, but somebody who you've been exposed to that is a presumptive positive and you didn't have that equipment on. We have had that case, and in that case we isolated the crew. Reported to public health the potential exposure. We isolated the crew until we got results back from public health essentially confirming or denying the presence of the virus.
And so we have those plans in place. As well, communication is huge for us and being able to communicate regularly and daily on what's going on each shift in each part of the county is important. We have a daily operations call at 745 where the battalion chiefs really essentially do a virtual pass down over the phone. And so we're able to listen in and catch some of the issues that the field has and And then life goes on, we still have structure fires. We have had some oil spills, one rather large oil spill and so continuing to answer the call for other incidents as necessary.
And then we recognize our role in the larger county effort. This is gonna be a team effort, it is now and we know will play a role in that as we so a bit outward facing as we look at the way we respond to make sure that we're responding well with the share of public health, our transport partners and then of course our operational area partners. I'll go quickly into that, our operational area efforts. We recognized very early on that we were duplicating a lot of efforts.
Generally firefighters are problem solvers and so we figure out if it doesn't neatly fit into a box when somebody calls in a problem, it usually goes over to us and then we try to figure out how to bring order to a situation or an incident. We have one of the very best group of problem solvers in the county. We have an incident management team here, one of only eight in the state of California that is rostered or listed for both Cal OES and federal use.
And the county chiefs got together very quickly and engaged that incident management team. And it's made up of members of departments throughout the county. And they're helping us coordinate our efforts, specifically as it relates to personal protective equipment and the acquisition of that equipment. And then some of the plans and procedures that we've all put in place trying to come together again and reduce some of those duplicate efforts.
And then a lot of, you can imagine, contingency planning. We are looking down the road at running out of PPE. There are departments in the state that have run out of PPE and then what do you do then? How do you respond to patients that need you if you don't have the PPE that you need? Obviously one line of communication with ordering through public health and the EOC, County OEM.
And then, of course what happens when we have a fire during the time of social distancing for both evacuations and sheltering and response in base camps as well. Communication is huge there as well. Communication, we do a daily operational area fire rescue call. We include our law enforcement partners and the sheriff in on that one as well as AMR and that's a great line of communication again addressing those issues daily as they come up and then getting resolution to those.
Very quickly, if I could personally, I would tell you. I've been asked by more than one media outlet about how this impacts the men and women on the floor in the fire stations and on staff in your offices. And I have to tell you I guess we're always ready for the big one in our business. We just never really felt like the big one was the coronavirus, but it does just present itself as another problem to deal with.
I will tell you that as I'm out talking with the troops and communicating with them, I see a resolve to take care of the situation and play their part. And I also see a desire for us to, their only concern really is their family. And to make sure that as they're out dealing with this and playing the role that we need them to play in the county That their families are well take care of their health and safety or being or being looked out after. And I think really, as we address social distancing and PPE and policies and procedures to include isolation in quarantine and testing all of those plans in place really help us make sure that their families know that we're looking out after them as well as our loved ones are away Taking care of the community.
So that's really all I have, I think communication again on a personal level is important we do an Instagram live every Friday where I can engage with the communities and any members of the organization and any members of their family that just want to know hey what's next? And then we open it up for questions and it's good for me to keep a close pulse on how they're feeling as well and what their needs are.
That's the end of report, Mr. Chairman.
Thank you, Chief Hartwig. Appreciate all of your efforts as well and I noticed a significant addition to the Emergency Operations Center when the IMAT team from both the Sheriff's Department and the Fire Department We're integrated with our emergency management folks. It's having that force multiplier and all the extra experience is really helping everybody do their jobs better, so thank you both for staffing that and helping us in this effort as we scale to a higher level than was initially hoped. So are there questions for Chief Hartwood?
Okay well thank you all very much for your time and attention and presentation today I know you have lots to do, Supervisor Williams. Do you have a comment? One
last minute. If there is a possibility that we would be running out of PPE, please let us know. That would be a concern. Thank you. Supervisor Hartman.
Yes, thank you I just had a parting comment to make and that is I received something from Bill Cerrone our former superintendent of education who it was an emergency room doctor that sees at a hospital 20% of the patients in New York City. And the point was wash your hands and never touch your face. That what they're learning is the mouth The nose, the eyes are really conduits from the hands and so we may have to learn new habits. So I just wanted to add to that washing hands but never touch your face.
We also have requests from three speakers I believe to speak on this item. So let's next go to the public comment.
Yes, Chair Hart and members of the Board we have three requests to speak on this item. I have one letter to be read into the record and then we will have two callers. We will begin with a letter to be read into the record from Corey Heyman. Dear Members of the Board of Supervisors, Attached please accept for public comment a letter prepared by Brian Goble and sent to various elected officials stressing the need for daily timely and complete data reported Reporting by the State of California regarding COVID-19 for purposes of accurate modeling and transparency. It is worth noting that as of March 30th, 1030 a.m., the state has not provided updated data on COVID-19 since 2 p.m. on March 27th, nearly three full days. Since the Board of Supervisors meeting of last week, the County Public Health Department has greatly improved its daily data reporting to the public on COVID-19 in Santa Barbara County.
For purposes of monitoring when the curve is flattening please consider directing county health to provide bar graphs or similar visual tools demonstrating the daily rate of new infections hospitalizations and other relevant data. The Los Angeles Times as a tracking tool for your reference thank you for your consideration Corey Heyman
And just as a point of information, the Public Health Department's website does have the things that Ms. Hayman was asking for that was recently added to the COVID-19 portal and that can be reached at publichealthsbc.org.
1:17 – 1:2214 turns
And now we will go to Andy Caldwell on the phone to be followed by Tom Becker.
Mr. Caldwell? Oops, we're calling you excuse me I'm sorry.
Welcome
Mr. Caldwell. This is Andy Caldwell representing CoLab. I wish that the board would have a broader discussion on some of the issues that got brought up today, including the potentiality that this effort to flatten the curve could last through July. What does that mean for our economy? What does that mean for people who have lost their jobs and people who are going to lose Tell you the truth, one of the first alarm bells that went off for me is when Gavin Newsom at his original press conference said that this thing would not last many, many months.
You know the bottom line here is we have to ask the question whether or not people could successfully social distance at work The other thing that's been ignored, as best as I could tell is Hardy Diagnostics here in Santa Maria has a test that works pretty quickly. We haven't heard whether the county or the hospitals are employing this tool. What I keep hearing from people as a result of my radio show and the newspaper columns is that a vast majority of people that are showing up at either doctor's offices or hospitals Are being told to go home and recuperate at home, and many of them are not even being tested.
We would like to have the stats on that how many people are being told to go home without being tested? And how many people that are told to go home actually tested positive and or tested negative these are some of the stats that would help us get a handle on our situation. To get to Supervisor Adams point As far as putting numbers, we've asked for this for three weeks for the county to put numbers on their two curves. The steep curve and the flattened curve. If you were to use something like the cruise ship that what the doctor at Cottage Hospital called the closed bucket, you could expect upwards of 90,000 people in this county to be infected.
You could expect up to 4,000 people to require hospitalization and up to 400 deaths. Again, 80...up to 88-90,000 people infected, 4,00 hospitalizations and upwards of 400 deaths if in fact the numbers in other locales from China, Singapore, South Korea, the state of Washington and a bunch of other places holds true But the other thing that they're not discussing and I asked this at the board three weeks ago, there's a whole another way of looking at this thing. And that is his herd immunity of isolating the people that are particularly susceptible to this disease but allowing the other people to go about their business because 80% of the people are going to have either no symptoms or mild symptoms And there's a chance you create herd immunity so that it doesn't come back next year even worse than we had it this year.
Maybe they
have a long-term strategic plan on how to deal with this economically because the crime rates and a lot of other things are going to go up based on poverty due to loss of jobs and losses of business The last point,
how
they
looked at Valley
Community
Hospital, the
Champion Center, the base and even doctor's offices for surge capacity. Thank you.
And
now we will go to Tom Becker on the phone.
1:22 – 1:3018 turns
Hi, Tom Becker again from Bealton. You know what? We've got to make these phone call, call in things permanent. You know I'm here at home. I'm in my office. I can fact check you people so easy on the BS you people are saying. It's easy. I've got access to computers, telephones. I even have people to double-check what I'm looking at. Getting back to the tax deferment.
You said oh no, the county is going to allow people blah blah blah. Well I went on The county treasure collector website. It's not there, which you said it's there. There is absolutely no evidence at all that anybody can easily find about a tax deferment or deferment on interest. So I went and called the tax office up in Santa Maria, talked to a woman by name of Ann and told her I just spent 20 minutes trying to find this thing you people say exists.
You know what the insulting response was from her? Well, you have to go down to the very bottom page. If you see that little word that says notice click on that. Like how is anybody supposed to even know that lady? How would anybody know they're just supposed to go all the way down there and click on that? So I went ahead and did it. You know what you're not telling people this is not a tax deferment if you don't pay your property tax that is a delinquent property tax That's going to be on your credit report. That's going to be a public document that anybody can see, and if you go apply for a job, especially a job that requires fiduciary responsibility, you won't get that job because it'll show up that you have a going with tax property
tax.
That's what you're doing to people. You're lying to people about that. So you know what? I went ahead and called Hannah Beth Jackson's office, talked to guy named Brad And I asked a very simple question, is Hennepin Jackson going to do anything about maybe trying to get the state to defer taxes? She goes nope. She has no plans for doing anything like that at all.
Hennepin Jackson couldn't care less and half of you people or more than half of you people out there are political allies of Hennepin Jackson. You haven't done a damn thing. Now getting back to the health issues involved here. Greg Hart, I see him on TV. He's some guy, some sort of health expert or something Putting Greg Hart in charge of health issues, like I said previous, is like putting Typhoid Mary in charge of the healthcare system.
Greg Hart deliberately and intentionally created slums or helped create slums in the city of Santa Barbara. Overcrowded disease slums because he's a guy that believes in density. It is the worst thing you can do in a situation like this. Dance communities create infectious problems, it spreads very easily. Look at New York City!
Mr. Becker your time is up thank you very much
for your comments. Yeah I was always yours Greg.
Thank you. Supervisor
Williams? Well I appreciate that Mr. Becker has all of a sudden acknowledged the link between mortality and urban planning. And since, uh, no 1.25 million people die worldwide in car accidents that is largely a function of vehicle miles traveled. I hope he will give you just as much credit for the reduction of car accident deaths that has taken place from locating housing close to downtown. Um, and I for one appreciate the leadership of our chair.
Thank you Supervisor Williams and thank you Mr Becker for being engaged As always. Is there any other questions? Supervisor Hartman.
I just wanted to add that this has been, you know these daily press conferences are an amazing thing to be available to our community but it is a major effort and for our CEO and for our department head for public health and for our chair I really appreciate what you're doing on behalf of all of us.
Thank you very much. I appreciate that. Our enormous number of people who are working for the county every day, seven days a week. 12-16 hour days without break and they are completely committed to protecting the health and safety of our residents and doing everything that they possibly can. It isn't possible to do everything but they are doing a fabulous job being smart and strategic and thoughtful and collaborative. And I think the collaboration is probably the most important thing it It is time consuming to collaborate. It takes patience and it takes persistence, and our staff is very skilled at that and is doing a really amazing job. All of the other community partners in public health at the Cottage Hospital and all of the hospitals throughout the county, all the medical clinics, all the medical personnel that are putting themselves in harm's way to treat the patients that are coming to their facilities and to prepare for what we all know will be an upcoming surge The most important thing everybody can do themselves is to practice the very simple social distancing steps.
It is not complicated, but it is proven and from what I was reading earlier this morning there is data that is emerging from other communities around the country that it is becoming effective. It is not clear and certain and demonstrable data but we don't have clear certain demonstrable data in this moment. We have the data we have And there is good evidence that the efforts that all members of the public are committed to doing, which is staying away from each other.
Staying home if you are sick, staying home and calling your medical provider if your symptoms become advanced to a degree that you think is of concern. Your medical provider through the phone will tell you what to do next. And you should be washing your hands religiously and regularly, and cleaning and disinfecting surfaces. So those simple things Are incredibly powerful and effective if we all do them together. And I think our community is doing a fabulous job of that so far, so. Is there any other element to this?
Chair Hart-
Yes.
There was something that was brought up in public comment about Hardy Diagnostics and whether or not we are aware of that. I will tell you that I know that Dignity Health has met with Jay Hardy and they're working on a solution there. So that is being taken care of. That loose end's tied up.
Thank you Supervisor Lavendino. Any other comments on this item? All right, do we need a motion? Yes, we'll have a motion to accept the report. Is Supervisor Williams? So moved. Motion's been made. Is there a second? Seconded. And seconded. Any discussion and comment? Roll call vote please thank you.
Yes Chair Hart and members of the board just to clarify that is recommendations A through C to include CEQA. From the maker of the motion. Mister Williams I miss Hartman I Mister Adam. Mister Lavagnino. Chair Hart
I
motion passes unanimously
next will take a department at number 2 and then we will take a break but let's get through this item with the clerk please read item number 2 into the record.
1:30 – 1:5019 turns
Chair Hart and members of the board, departmental item number two is from County Council. It is a hearing to consider recommendations regarding extra help services and retirement waivers for the office of county council.
Chair and Supervisors, beginning in January 2013 the government code placed restrictions on public agencies like the county having retirees be reinstated within six months of their retirement. This item is before you today in that we had docketed it before some executive orders by Governor Newsom Downstream for retirees from county service, Governor Newsom's Executive Order N3520 from March 21st made applicable to the county and other local governments.
The same suspension of retiree limitations that executive order N2520 had previously suspended for state retirees. After the Governor's Executive Order N35 was issued, Santa Barbara County Employees Retirement System right away was in touch with us. The county and they, SB serves has initiated a streamlined process that working with county HR would no longer require at some point case by case determinations by the board to allow recent retirees to be brought back as extra help. That would be a policy call for the CEO and the board downstream. But through an abundance of caution, we brought this item in that process is not in place yet.
I'm asking for authority to bring back two recent retirees, Martin McKenzie and Jerry Zuliger that will help us with our workload. We have funds available for this and we'll manage it to the normal ceiling of 950 hours.
Thank you, Mister Gazzani. Mr. McKenzie and Miss Zuliger are extremely important members of your team and this makes a lot of sense. Is there any discussion? Is there any public comment on this item?
Chair Hart, Members of the Board we have no request to speak on this item.
Is there a motion to approve A through E?
So moved.
Second.
Roll call vote please.
Mister Williams? Aye. Aye. Mr. Adam?
Aye.
Mr. Lavinino?
Aye
Chair Hart?
Aye.
Motion passes unanimously
we will now take a 15-minute break and then come back for department item number three
I was
able to book my trip to Maui
Hello, everyone. you Hi. Okay. Test test one two three, Julie or Dan. Good morning.
1:55 – 2:0932 turns
The next item on our agenda is Department Item 3. Would the clerk please read the item into the record?
Chair Hart, members of the Board, Departmental Item 3 is from Planning and Development. It is a hearing to consider recommendations regarding George and Cheryl Bedford's appeal of the County Planning Commission's action granting Preliminary Design Review approval of the Straus Wind Energy Project. Case numbers 20 APL 8 and 18 BAR 113, and this is in the third and fourth districts.
And I would like to just remind the parties participating via teleconference to mute all other devices when it is their turn to speak. Thank you so much.
Mr. Ghazani do you have an announcement?
Chair and supervisors, based on social distancing orders and recommendation in Governor Newsom's executive order N2920 of March 17th of this year provided that noticed meetings of legislative bodies like the Board of Supervisors that allow members of the public to observe and participate telephonically or otherwise electronically have met the Brown Act requirement for public participation.
And do not need to make a physical location available Land use appeals before the Board of Supervisors may be more flexible and less formal than civil court proceedings. But even before COVID-19, the rules for both federal and state civil courts allowed video conferencing and telephone communications for many forms of hearings. And a recent action by the State Judicial Council on March 28th directed Superior Courts in California to further extend the use of technology for remote appearances So that's the context for our use of both Zoom and telephone appearances today.
Through Clerk of the Board, both parties were informed of their opportunity to participate by video conference or phone and that's how we're proceeding today.
Thank you Mr. Ghazani. Supervisor Adam did you have an announcement?
Yes, I did. Out of an abundance of caution and out of really not necessity but optics, I am going to recuse myself because my brother is representing the Bedfords. And at some other point, I may make another decision. But for right now, I'm going to continue to recuse myself from this item.
Thank you, Supervisor Adam. At this time I'll ask board members for any ex parte communications. Is there anything to report? Supervisor Hartman?
Yes, my Chief of Staff Jefferson Linton has had a number of conversations on the phone with Daniel Duke, the Vice President for Baywalk.
And my chief of staff Chris Henson has also had numerous conversations with Mr. Duke about this issue and Any other supervisor Williams
Yes, I have had several conversations with mr. Duke as well though not on the so much for the design review appeal
Thank
You
supervisor Lavanino anything
All I've had is the e-mails, there's been a number of e-mails by Mr. Duke but nothing, no personal contact.
Thank you. We're first going to have a ten minute presentation by our staff, Mr. Zurovich and Ms. Pfeiffer after introductory remarks from Ms. Plowman, and then we will have 10 minutes for the appellant followed by 10 minutes for the applicant and then we will take public comments and then we will have five minutes of rebuttal first starting with the appellant and then five minutes for the applicants staff comments and board deliberations so with that Miss Plowman Excuse me. Mr. Ghazani, you wanted to add something else?
Chair and supervisors with me today virtually is Deputy County Counsel Brian Pettit who will be communicating with me by text and Email but did a lot of the workup on this and just as a housekeeping item I'm informing the public and the parties that Planning and Development Department Filed and has online a memo discussing revised findings Which are part of the package that memo is dated March 31st It is available online and in the hearing room and provided to the supervisors, but definitely available online to the public and the parties
Thank You. Mr. Gozoni and thank you. Mr Pettit for being here virtually miss Plowman
Good morning, Mr. Chair and members of the board. This morning I have Kathy Pfeiffer and John Zorovitch here to present the appeal of the Planning Commission's upholding BAR's original decision on the preliminary approval that BAR provided of the Straus Wind Energy Project. So the Planning Commission upheld the decision and then it was subsequently appealed to the Board.
So as Mr. Guzzone mentioned, we did make some corrections or changes to the findings and that's been distributed and Miss Pfeiffer will be presenting that information in her PowerPoint. With that I'll have Ms. Pfeiffer move forward.
Thank you. Ms. Pfeiffer?
Thank
you. Good morning all. Well, you may recall that back in January for your board and you approved the conditional use permit for the Straus Wind Energy Project which will be located southwest of the city of Lompoc. The shaded area here on this slide is the wind turbine site and the transmission line runs from this wind turbine site up to the city of Lompoc to a switch yard.
Um, the wind project consists of 29 wind turbines up to 492 feet tall. The blue and green shapes on this slide represent where the wind turbines would be located. Other components include an onsite substation and an operations and maintenance building. The hearing is focused on the appeal of the planning commission's preliminary approval of the proposed projects design review.
County Board of Architectural Reviews are responsible for designed review of projects Prior to granting design review approval, the BAR is required to make nine required specific findings. The specific design review and findings are meant to ensure that a development enhances the visual quality of the surrounding environment. The Strauss Wind Energy Project has attended seven central BAR meetings since September 2018.
At the December 2019 meeting, CBAR granted preliminary design review approval for the project That design was appealed by two appellants to the planning commission on February 26, 2020. The planning commission denied the appeals and granted preliminary design review approval for the project. The Bedford's appeal before your board today is appealing the planning commissions, preliminary design review approval.
The PCS motion to grant preliminary design approval was for the project as a whole while acknowledging some components of the project have technical constraints that may limit design compatibility with the surrounding environment. I'm going to briefly go over technical constraints associated with the project's wind turbines, substations, switch yard and transmission lines.
The height scale location and design of the wind turbines are dictated by technical requirements. Taller wind turbines allow for fewer wind turbines needed to generate a certain amount of energy. Wind turbines located along ridgelines maximize the capture of the wind resource. The turbine's exterior finish cannot be altered from the manufacturer's original coating and color because of structural and operational requirements.
Avian safety hazard lighting is required on the wind turbines, however condition number six of the approved conditional use permit requires lighting to be minimized. The onsite substation has required equipment to step up the voltage for the transmission line. Equipment such as transformers need to be spatially separated to prevent the risk of fire. Static poles would protect the substation from lightning. The substation would be finished with a gravel rock layer, which would act as a fire barrier and protection against electrocution.
An eight-foot chain link fence topped with barbed wire would surround the substation. And per CBAR's comments no landscaping is proposed around the substation. The electrical switch yard located south of a residential neighborhood in the city of Lompoc has similar technical requirements as the substation including required equipment, spacing and fencing. Condition number five of the conditional use permit requires that the switch yard be substantially screened from highway one.
The transmission line location was selected to minimize impacts to Oak Woodlands as much as possible. The design of the transmission line is consistent with acceptable industry and regulatory standards, and fire and safety protective measures. Condition number five requires revegetation of graded areas. Now the O&M building has been the main focus of CBAR since this component does not have the technical constraints like the components just described. The O&M building is in proportion and in scale with other existing structures in the area. It is designed to appear as a barn, with a style and color palette that helps conform to its original agricultural setting.
Landscaping in the O& M building area was directed by CBAR to be a hydro seed mix to blend in with the sites surrounding grasslands. The Bedford appeal has been broken down into two separate appeal issues. In Appeal Issue 1, the appellant asserts that the CBAR members admitted on record that they did not review the Project Wind Turbines and could not make the nine required design review findings for the turbines and that both CBAR's and the Planning Commission's preliminary approval of design review was improper and an abuse of discretion.
Staff response is that CBAR did review the wind turbines, including a site visit at several public vantage points. Both CBAR and the Planning Commission's motions to grant preliminary design review approval included the nine required findings for the project as a whole. CBARs did not have written findings, however, the Planning Commission findings were written and are attached to the board letter as attachment one.
Therefore, CBARs and the Planning Commission's motions for preliminary review were not improper nor an abuse of discretion. In Appeal Issue 2, the appellant asserts that CBAR and the Planning Commission failed to comply with the required findings language and that they improperly used the Land Use Visual Policy II to circumvent making the required finding for the Project Wind Turbines.
Staff response says CBAR and the Planning Commission did not make design review findings in a vacuum. Instead, they considered applicable comprehensive plan policies and zoning regulations. On page four of the board letter, it summarizes four zoning regulations and comprehensive plan policies that encourage wind energy projects. These regulations and policies also acknowledge that there are some aspects of wind projects that may have technical constraints that limit a project's design flexibility to be compatible with the surrounding area.
Consideration of these relevant policies is not considered improper. Staff has prepared the nine required findings for approval and attachment one of the board letter. The nine findings go into detail on how the Strauss Wind Energy Project is compatible with the surrounding environment in regards to layout, scale, colors, materials, landscaping and lighting while acknowledging that certain project components like the wind turbine substation switch shard and transmission line limit the projects design flexibility due to their technical constraints.
We have a revision to finding 2.0 on page one of the findings and attachment one we have we recommend inserting the second paragraph shown in blue on this slide and as Mister is only it said we are prepared a memo with this provision too. The slide summarizes staff recommendations including the revised findings for 2. This concludes our presentation were here for any questions.
Thank you Ms. Pfeiffer, any questions of staff at this point? Next we'll go to the appellant Mr. Bedford I think that Mr. Adam is representing you and we will soon hear your voice.
Good morning this is Richard Adam representing Jordan Cheryl Bedford can you hear me?
Yes we can hear you loud and clear thank you
Okay, good. Let me start by saying that I can't finish this presentation in 15 minutes which is what has been allotted. Actually
Mr. Adam, I'm sorry. This is going to make it more difficult but you have 10 minutes.
No, I know. I have 10 for primary and 5 for rubato. I was just going to use that all.
You can use it in two parts, but you can't use the 15 minutes for your presentation. You can use 10 minutes and then you have five minutes for your rebuttal. And you could break your presentation into two segments like that if that helps you.
Well if it would help at all George and Cheryl Bedford are willing to defer their three minutes a piece for public comment.
That is
correct.
Unfortunately that is part of your presentation as well, so they don't have additional time since they are the appellants
2:09 – 2:2317 turns
Well the appellants can't speak themselves
Not
in public comment
not as part of public comment They certainly can be part of your presentation and would we would love welcome their comments But they are do not have additional time because they are the appellants of the project Same thing applies to the applicant.
All right, well you can it's too much to ask for an additional 5
minutes. We do want to stick to the time parameters that we give all appellants and applicants so let's let's stick to the 10 minutes.
Okay, so I'll take 15 minutes now if that's okay and just forego the All right, let me get started.
We can
start the
clock. We haven't begun your clock yet so it's good for us to figure this out in advance and so we'll stop you at ten minutes and then you can have the extra five minutes as a rebuttal and you can use that for the rest of the five minutes of your presentation if you'd like
All right, the only question raised in this appeal is whether the words of the law actually mean something. I need to start out with some background. The first is the law and this comes straight from the LUDC. You should have the nine findings set forth in one short section of the LUDC called Design Review that I presented to staff yesterday. Each one of you should have that. It's only six pages long and it's entitled design review Does everybody have that?
We are. It is being distributed to us now.
OK, I have that in my clock North County.
Is my clock stopped?
Will pause it let you catch up. Actually go ahead this start right there at 10 minutes. You have 10 minutes Mr Adam.
OK, so it lists the nine findings that are required for approval. Whether it's by CBAR, the Planning Commission or this board. For the sake of timing I only want to focus on three of those findings. The first is this is on page four of that document F1A in order to approve a project any project a finding has to be made that the overall structure shapes As well as any part of any structure, including buildings, fences, screen signs, towers or walls are in proportion to and in scale with other existing or permitted structures in the area surrounding the subject property.
F1C a finding has to be made that there's going to be harmony of color composition and materials on all sides of a structure. And then F1F A finding has to be made that site layout, orientation and location of structures will be appropriate in well-designed relationship to one another and to the environmental qualities open space and topography of the site. So that's a synopsis of the law.
I think Ms. Pfeiffer spoke this morning what's the purpose of those line findings? Why do we have to make those nine findings? The Board of Supervisors when they passed these nine findings, when they passed this ordinance gave that answer. They wanted to prevent and this is a quote and it's on the CBAR's own website adverse effects on the desirability of the immediate area and neighboring areas for residential businesses and other purposes.
So the purpose of CBAR is to protect surrounding neighbors and the property values But CBAR didn't make these nine findings for the project. In fact, they admitted as Miss Piper said earlier two things that they didn't review the wind turbine structures at all and even if they had, they could not make the nine required findings. I want to give you this is from the December 13th hearing. This is by the way, the day they approved the project literally 10 minutes before they approve the project One of the board members asserted point blank, and this is a quote. We didn't have any say about the wind turbines at all. We were only looking at the buildings and some gratings but we weren't looking at the structure of the turbines.
At which another board member stated plainly, quote, we reviewed everything except the turbines. So why were these wind turbine structure not reviewed by CBAR? This question too was answered by the board member Who explained that, and this is a quote as well. We were told by staff that they referring to the wind turbines were out of our purview. In fact he was somewhat perplexed by this direction. As he said and this is another quote but these turbines I mean they're the biggest structures in the county. And we were told not to really look at them.
Statements like this occurred over and over, both at the December 13th hearing and at earlier hearings. But CBAR members also made clear on the record that even if they had reviewed the turbines there was no way that they could make the nine required findings. Again, this is in exchange from the December 13th hearing literally 10 minutes before approving the project. The chair said well what's the pleasure of the board? Are you guys comfortable making these nine findings?
One board member says, I'll start off. I can't make the findings to approve them. I can't. Second board member says, I can't either. Third board member says, I agree. I can't make the findings. I don't know why they're before us. As the chair ultimately concluded and this is a quote, literally there's nothing we could support about these turbines on the project with the nine regular land use findings.
So at that meeting, again 10 minutes before the project was approved this was explained by the chair. The current situation she said is that no one on the board is comfortable making any or all of the nine findings. I think the big question right now for me is since we're saying as the BAR that we're not able to move forward by taking preliminary action today for the entire project would the applicant like to request a denial?
At this point, the hearing got strained. Just before that motion was made to memorialize the denial, a supervising planner was put on speakerphone. He informed CBAR they should and or could make the nine findings for the project as a whole whatever that means and accept the fact that the project has features that are technical in nature and cannot be modified By the way, this is the same language as a whole language that's being recommended in this agenda letter today.
First of all I don't know what that means as a whole. The LUDC that I specifically read to you requires that each of the nine findings be made on all structures of a project so making the nine findings for the project as a whole for me doesn't make any sense anyhow The planner asserted the CBAR that they could make the nine required findings by inserting, for lack of a better word, into the nine findings a phrase that comes out of a county policy. That is visual resource policy number two which is part of the land use element of the county's comprehensive plan. It's not part of the LUDC. It has nothing to do with the ordinance in question and nothing to do with the nine required findings This policy states that in areas designated as rural on land use plan maps, the height scale design of structures shall be compatible with the character of the surrounding natural environment.
And this is the key phrase except where technical requirements dictate otherwise. It was the contention of the planner that this caveat from this policy except where technical requirements dictate otherwise could somehow be used to, I will say rewrite the plain language of the nine findings required under the LUDC. First of all this assertion that is that a policy can override the plain language of codified law is legally and should be intuitively false.
A policy merely outlines the general guiding principles. A policy does not carry the force of law They're used in the county in making laws. As one court put it, policies are only documents and not law. An ordinance however is a law as the same court explained an ordinance set standards principles and procedures that must be followed on top of that for me this is the most important If it were permissible to lard in language from another section of another county document that doesn't even reference design review, then the actual language of design review is meaningless.
So to highlight the absurdity of this practice we only have to go to the next policy in line in the land use element of the comprehensive plan. That is visual resource policy number three You know what that policy says? That policy says in areas designated as urban on land use planning maps and in designated rural neighborhoods, new structures shall be in conformance with the scale and character of the existing community.
So it's okay to insert a five-word phrase from Policy 2 and at the same time literally ignore Policy 3 The fact is that neither policy is applicable here. The language of the design review section of the LUDC, which you have in front of you, is unambiguous and speaks for itself. We can't be inserting words or phrases from policies to make it fit a desired outcome. The nine findings say what they say not what somebody wants it to say.
And by the way there was some argument raised at the planning commission that this ordinance cannot be read in a vacuum. This is just a formal way of saying, well we should be able to pull in whatever words we want from other documents and literally rewrite the ordinance. Again, the plain language of the nine findings is unambiguous. They're not subject to interpretation so there is no vacuum at all.
Moreover I have to point this out even if the nine findings were subject to interpretation and they're And even if visual resource policy were used for such interpretation, and for some reason Visual Resource Policy 3 was ignored, it should not be lost on anybody that the LUDC does contain a conflicts clause. And that's 3510-040 which states if there is a conflict between any two provisions of any document then quote the more restrictive provision will control Which in this case obviously is the language of the design review section, the nine findings.
But I want to go back to the December 13th CBAR hearing. Even after being directed to utilize the phrase of the visual resources policy to approve the project, CBAR members still had problems. A board member took a stab at complying with this direction by making a motion Again, this is literally 10 minutes after they said they hadn't reviewed the turbines and couldn't make the findings.
She said this, based on a review of the project, a motion is made for preliminary approval of all aspects of the project that meet the findings necessary for approval, acknowledging that the turbines which have been evaluated and reviewed cannot meet the findings due to At which point the planner interjected, says it's okay to say that the turbines don't meet the height restrictions but it's not okay to say that they don't meet the height findings.
And the board members response we can't say that they don't meet the height findings? Answer from the planner correct. To which the board member replied I mean they obviously don't but we can't say that? So much is wrong here that it's hard for me to even put into words.
Mr. Adam, we're going to have to stop you there. You went a minute past the 10 minutes so save those additional comments for your rebuttal and thank you for your comments to begin with. Next we are going to have the applicant, Mr. Duke from BayWa. Just a minute for us to get that connection.
2:23 – 2:306 turns
Yes, Chair Hart can you hear me?
Yes Mr. Duke we can hear you thank you.
Well thank you Chair Hart members of the board particularly in light of the situation we're in particularly appreciate the ability to call in remotely and to carry on with projects like this in the county I think it's important So I'm going to, in essence, waive my presentation time here and defer completely to our rebuttal period of five minutes. I simply want to reiterate the staff recommendations that Ms. Pfeiffer recommended in her presentation which is to deny the appeal, make the required findings, certify the supplemental EIR or the final supplemental EIR And recognize that they may be used to fulfill the environmental review requirements for preliminary design review approval.
And to grant and request that the board grant de novo preliminary design approval of the project. And that's all I have to say at this point, so we'll We'll reserve the rest of our time or recognize that we have five minutes of rebuttal time for the remainder. Thank you, Mr. Duke.
Are there any questions of Mr. Duke or Mr. Adam? Okay next we'll go to public comments are there any members of the public who'd like to speak on this item?
Chair Hart and members of the board. Yes, I have three requests to speak on this item. I have one letter to be read into the record and then we will go to two callers on the line Andy Caldwell to be followed by Leroy Scolari And I will now read a letter into the record from Kate Griffith I will not be able to make a verbal statement today due to an emergency, but I'd like to state for the record that I support the Bedford appeal. The Strauss project is a debacle.
It is a travesty that SBC has allowed the project to already move forward during the appeal process with the heavy branch removal of oak tree limbs on Miguelito Canyon Road and road modifications. Substantial evidence supports that both the CBAR approval and the Planning Commission's affirmation of said approval constituted an abuse of discretion insofar as each failed to comply with the plain language of the law in undertaking their duty. Moreover, as a matter of fact in law visual resource policy 2 and now in now way provides either body the discretion to circumvent making the 9 required findings on the wine turbine structure. Thank you Kate.
And now we will go to Andy Caldwell on the phone to be followed by Leroy Scolari
Chair Hart, members of the board. I'm Andy Caldwell representing CoLab. What we think you have here is a problem really truly with ethics. Supervisor Williams, I hope you won't leave because I wanted to speak with you on this issue. I know that Supervisor Williams for instance has wanted to have industrial scale solar in this county but he recognizes your ordinances won't really allow that Well, the fact of the matter is your ordinances won't allow these wind turbines either.
And instead of having the honesty and the fortitude to admit that you're trying to jam this thing through anyway. We're not against solar and we're not against wind but we want a level playing field. We want equal protection. We want due process. As you know, I've been a county watchdog in this region for 30 years. I can't tell you how many projects I've seen the Board of Supervisors denied simply because they were visible.
Add cluster development project that Willie Chamberlain was involved with houses on ridgelines all sorts of things because they were visible they got denied even when said they would shield these things with landscaping or this, that or the other. You can't have it both ways. With regard to marijuana you had to change things. The hoop ordinance, you had to change things.
For industrial scale solar, you're gonna need to change something. Well the fact was is you were either too lazy or in too much of a hurry to change the ordinance in order to allow wind turbines. My understanding, these things are going to be seen from anywhere up to 20 miles away. And you're pretending that these design guidelines just don't apply. Again it's dishonest and it should be illegal for you to pick favorites and bend the law for your favorite.
On another issue on oil projects Every time there's been an oil spill, which is maybe every 10 to 20 years. The headlines are how many birds died and how in order to protect the environment or the ecology you can't permit these projects. And yet birds and bats are going to be killed on a routine matter by these wind turbines. Again double standards change if you want to get this project approved You're going to need to change your ridgeline ordinances.
You're going to need to change your view shed ordinances because it really truly is an abomination for you to pretend that these turbines are not presenting a problem or an impact to the neighbors on any number of levels, not just visual but the vibrations, the strobe effect And now we will go to Leroy Scolari also on the phone.
2:31 – 2:3913 turns
Yes. Members of the board, this is Leroy Scully one of the participants. Members of the board, this is Leroy Scully. One of the participants... Hold on one moment Leroy can you move the device on your end please? Okay great thank you hold
on.
Thank you Mr. Scolari, we're working out a little technical difficulty with your television I think so now we're ready to go.
Okay members of the board this is Leroy Scolari one of the participants in the project. The first item I would like to note that much as being said about impact on the neighbors. I would point out that Mr. Bedford's property is on the opposite side of the hill from where this project takes place. It cannot be seen from any place on his property except where he chose to build his house, on the hill which was his choice.
This project has been In the works for approximately 20 years, about the time he bought his property up there. Our family has been in the area for well over 120 years and our operation there this project would not only enhance the agriculture but enhance the viability of the livestock operations and I would urge you to Thank you very much.
Thank you, Mr. Sklari Next we have rebuttal time and mr.. Adam you have five minutes
Okay, I left off at the C bar hearing you guys can hear me still right
yes We can hear you loud and clear. Thank you.
Hey so they They voted to grant preliminary approval of this project four to zero with one extension abstention The matter was then taken up on appeal to the Planning Commission. There, staff provided the Planning Commission the recommendation to adopt certain findings. That's in attachment A and you should have a copy of attachment A. Are you being handed a copy or do you already have
it? We already have it thank you.
Okay so The nine findings set forth in Attachment A use the exact same language that CBAR improperly used in approving this project. That is, accept where technical requirements dictate otherwise. See for example Section 2.1 on page 1. The finding has to be met that overall structure shapes as well as any parts of any structure are in proportion to and in scale with other existing or permitted structures in the area surrounding the subject property.
No portion of the four paragraphs in that section have any discussion about proportion of scale, all of that is just disregarded. Instead it just says that the height scale location and design of the wind turbines are dictated by technical requirements In other words, these words don't exist in the nine findings technical requirements. They're just made up.
As you can see from the highlighted portions of attachment A, the same technical constraints language is used to make the findings in section 2.3, section 2.5 and section 2.6. So as with CBAR's approval, using a single phrase from a policy to override the plain language of design review is impermissible. Despite this fact by a vote of three to two, the planning commission did the same thing that CBAR did which is grant preliminary approval of the project. So today's letter now agenda letter recommends that the board do the same thing That is effectively to ignore the plain language of the nine findings present in the design review section of the LUDC, and effectively insert words that are not there.
Attachment one to the agenda letter recommends findings that this board should make. You also have a highlighted copy of that document which I provided for you. Attachment one is identical word-for-word to attachment A The findings that were recommended to the Planning Commission. A half hour ago, I just received what's being called a late distribution memo. I don't know how often this happens but it surprised me.
That late distribution memo slightly modifies Attachment 1 by adding two sentences. It says to paraphrase because I'm short on time As set forth in county code section 233.14, in making design review findings the purpose of comprehensive plan policies have in part been taking into consideration including the visual resource policy too. Thankfully because of delay I had an opportunity to read section 233.14 this is what it actually says.
The N-bar, the C-bar, the S-bar and the M-bar as appropriate shall review the project for conformity with the purpose of the applicable comprehensive plan policies and zoning regulations. First, the comprehensive plan policies applicable to the BAR are specifically called out as such in the comprehensive plan. For example, the housing element of the comprehensive plan specifically says to paraphrase these policies apply to design review.
The policy in question doesn't say that. It just isn't relevant here. Second I would point out again that if this were the case then visual resource policy three would be just as applicable and finally I'd again point out that even if the comprehensive plans Policies were applicable to change the plain language of the nine findings and for some reason policy three were rejected.
The LUDC does in fact contain a conflicts clause which states that if there is a conflict between any two provisions of any document, the more restrictive is going to apply which in this case would be the nine findings. So I don't know what's going on here but something is seriously wrong There are plain words on a page that are not susceptible to ambiguity or debate. Either words have meaning, or they do not.
If this board can make the nine findings on the turbines as they're written, that is, as the nine findings are written, that's fine. I don't think you can. But if this board wants to change the design review section of the LUDC to provide for discretion based on technical constraints, that is fine too. I'm sure many applicants would be happy that you did just that.
But until that happens, the law has to be applied as written and that's really all we're asking you to do is to follow the plain language of the law that this board created not you but somebody in the past. And that's all the public expects. That the law be followed, that the board be intellectually honest as Mr. Caldwell said And I don't believe that's too much to ask.
Thank you.
I'll take any questions and I'm here, I must be under the five minute mark.
Thank you very much. You went just a minute past but that's fine. Thank you for your comments. Next we'll have the applicant Mr. Duke. Mr. Duke you have your five minutes plus you reserved time from the first presentation. I think you have a total of 13 minutes and 38 seconds.
2:39 – 2:5037 turns
Thank you, Chair Hart. I'm actually going to pass my time over to our Council Julie Jones who is also on the line. Miss
Jones.
Can you hear me?
Yes we can hear you thank you.
Thank you Chairman and members of the board. I am Julie Jones from Perkins Cooley on behalf of Strauss Wind and I just wanted to respond to a couple of points that were also raised at the Planning Commission which is first that The idea that the general plan, in this case the county's comprehensive plan doesn't need to be read together with the county's ordinances is incorrect.
The general plan sits at the very top of the hierarchy of the county's development requirements and it's long been established that ordinances need to be are read consistently with the general plan. And in the event of conflict with the general plan, the general plan is what prevails. The California Supreme Court phrased it as the tail does not wag the dog and the general plan is the constitution for development in the county.
The other point I also raised at the planning commission is simply that the argument Mr. Adams making Um, would mean that the county could never approve a wind energy project under its design review. And clearly that was not the intent and is not consistent with the county policies favoring wind energy development. And I'll leave it at that unless you have questions for me. Thank you.
Thank you, Miss Jones. Are there any questions for either Ms. Jones, Mr. Duke or Mr. Adam from board members at this time? Supervisor Williams?
No
questions. I'll wait for staff response. All right then we'll next go to staff comments
Mr. Chair, members of the board. I don't think I have any response to any of the comments that were made. I think staff's presentation lays out the case for the board to deny the appeal and uphold the Planning Commission's decision.
Thank you very much Ms. Plowman. Mr. Ghazani?
Chair and supervisors, displayed on screen right now is slide 18 which includes staff's recommendation in which in the second bullet reads make the required findings open parenthesis attachment one closed parentheses comma including the revision to finding 2.0 if the board was inclined to deny the appeal and approve the project I would recommend adding to that second bullet To read including the revision to finding 2.0 that is shown in planning and developments memo of March 31st 2020 and as shown on slide 17, that is titled revised finding 2.00 And I think they would just provide clarity
Thank you. Mr. Guzman. I appreciate that Any questions from board members or comments at this time One thing I want to just make sure is supervisor Lavanino When you speak, are you able to be heard by the appellant and the applicant? Just want to check on a technical thing. Would you mind? I
don't know. Test, test, test.
That's probably all we need. This is Steve. Mr. Adam, do you hear Ms. Supervisor Lavinino?
I did that time, yes. Thank you.
Thank you. And then also Mr. Duke and Ms. Jones, you also can hear Supervisor Lavinino?
Chair Hart, members of the board, I'm getting affirmations from both of them. Okay good
thank you we're all connected then. Comments from the Board? Supervisor Williams.
Well I think that the appellant's argument is creative but it is an argument that Does not take into account that we design review does not supersede basic levels of safety. You know, you don't at an airport be able to use design review to reduce the kinds of safety measures that take place and I would add to the attorney for the appellant or for the applicants Point that the argument that the appellant is making would prevent all types of industrial uses in the county.
Including all oil projects because you know these The strict reading that he is counseling for design review. Mind you, these are strict reading. If you read the language it is obviously language meant primarily for buildings but if you go with a strict No oil project would ever be able to make that muster. And while I might like to live in that world where no oil project is permittable in the County of Santa Barbara, it has not been the practice in the past that oil projects are not permittable because of design review reasons and so you know I just think that it's a creative Argument, but it does not follow the precedence of energy projects in the past that because an oil project for example goes on flat land and around that is flat agricultural land.
That therefore because of design review considerations all energy projects are not permittable.
Supervisor Hartman?
Thank you Mr. Chair, I just wanted to explain the reasoning why I would deny the appeal and it's basically in our staff report the purpose of these applicable LUDC and comprehensive plan policies is to encourage wind energy development while acknowledging that technical requirements may limit design flexibility and that adverse visual impact should be minimized to the greatest extent feasible So I think that was done, and I agree with Supervisor Williams that the general plan sets the framework. And if we didn't look to that to interpret, we would not have any industrial or energy projects in our county.
Thank you, Supervisor Lavinino, did you have anything? Did you want
to- Well, Supervisor Hartman quoted the place I was going to take out of the staff report. And to Mr. Caldwell's point, I agree that there's a portion of me that looks at this and says okay well maybe it was past board members but it's kind of been the business as usual of the Board of Supervisors to look for ways in the past to frown on projects. And it feels like in this one that we're, you know, we are.
It's kind of a change of pace and it's because it's a green energy project. My response to that is that might very well be the case but that doesn't mean that this isn't a good project as well. And so I try to judge each project on its own individual merits and for me, This one passes the test, and I don't want to vote against it just because there's been conflict in the past on other projects. So, I understand the argument.
I think staff answered it correctly and well. And it's probably not the last we're going to hear about this.
Thank you Supervisor Labadino. Is there a motion at this time? Supervisor Hartman?
So I would move staff's recommendation as projected and also as amended by Mr. Gazzone.
And share just for clarity. My recommendation previously which supervisor Hartman is discussing is to have staff's recommendation Read make the required findings open parentheses attachment one closed parentheses Including the revision to finding two point zero that is shown in planning and developments memo of three Excuse me, March 31st 2020 and as shown on slide 17 today that is titled revised finding 2.0
Thank you, Mr. Guzzone. Is there a second to Supervisor Hartman's motion? Second. Motion has been made and seconded. I would only add that I do agree with my colleagues that our staff and council have clearly articulated the path that is consistent with our general plan requirements that provides an opportunity to support this project. And this has been many, many years in the making multiple times.
I'm prepared to support the project again. So with that, let's have a roll call vote.
Mr. Williams?
Aye.
Ms. Hartman?
Aye.
Mr. Lavinino?
Aye
Chair Hart?
Aye
Motion passes 4-1 since Peter Adam recused himself from this item
Thank you we are now adjourned to Tuesday April 7th 2020 for our next meeting thank you all for coming
2:50 – 2:531 turns
And Jacqueline, can you call me when you get a chance? you Hi, everyone.