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.0:00 – 0:032 turns
Hi.
Yeah. I'll call to order the April 21st 2020 meeting of the Santa Barbara County Board of Supervisors. Will the clerk please call the roll?
0:03 – 0:099 turns
Ms. Hartman? Here. Mr. Adam? I'm sorry, Mr. Adam? Are we muted up there in North County? Mr. Adams?
The next item of business is approval of the minutes of April 7th, 2020 and the meeting of April 13th, the 2020 budget workshops. Is there any discussion? I'll entertain a motion.
Move approval.
Second. Motion has been made and seconded by Supervisors Hartman and Williams. Madam Clerk will you please call the roll?
Ms. Hartman? Aye. Mr. Adam?
Aye.
Mr Lavinino?
Thank
you. Amendments and changes to our April 21st, 2020 agenda today. I would first like to begin announcing that we are allowing alternative methods of public participation in our hearing today as we have the last few weeks. And if you would like to make a general public comment or a comment on a specific agenda item, the members of the public can either email their item to the clerk of the board at SBCOB at countyofsb.org and please note in your email if you would like that to be read into the record or just made a part of the record. We are also allowing alternative participation by phone And if you call the clerk of the board at 805-568-2240, state your name, your phone number and which item you would like to speak on. The clerk will call you at the appropriate time.
Friendly reminder to all members of the public, please make every effort to be available and mute all streaming devices once it is your turn to speak. I have a few more announcements this morning. And as noted on our printed agenda last week, the department requests a continuance of administrative item number 10 and this is from Human Resources to consider recommendations regarding a second amendment to the agreement between the County of Santa Barbara and Robert Half International Inc for temporary personnel services. And this is just being withdrawn from the agenda.
Additionally, the department requests a continuance Departmental item number two, as stated on our agenda today and that is from public health. It is a hearing to consider recommendation regarding an ordinance increasing emergency medical services EMS agency fees for emergency medical technician EMT certification. EMT recertification and paramedic accreditation. And the department is requesting this to be continued to our May 5th 2020 agenda.
In addition to those announcements this morning, we posted an addendum on Friday amending our agenda. Amending administrative item A3 from behavioral wellness. This is to consider recommendations regarding a board contract with Big Sky Consulting LLC fiscal year 2019-2020 and Administrative item A5 from the clerk recorder assessor to read, receive and file the certification of results for the presidential primary election held on March 3rd 2020.
And declare their results as specified in the certification. Additionally we added an administrative agenda item to our agenda today adding administrative item number 19 from planning and development This is to consider recommendations regarding county acceptance of offer to dedicate a 958 acre portion. Of the scholarly ranch to the county and this is in the 3rd and 4th districts.
County Council recommends that the board trail this open session agenda item until after closed session agenda item a 19 involves conservation easements associated with the Strauss wind energy project. And last on our Addendum we posted on Friday, we received a withdrawal for departmental item number four planning and development. It is a hearing to consider recommendations regarding Santa Rita Valley Ag Inc cannabis cultivation appeal case number 19 APL 32 and this is in the third district. However, we did receive an additional memo from Planning and Development yesterday requesting a continuance of this item to May 5th 2020.
And with that Chair Hart members of the board I ask that you add The amendments that were announced for the administrative agenda to the motion on the balance of the administrative agenda. And for any amendments on the departmental agenda, we will address them as we progress through the agenda to allow for any possible public comment on those changes.
0:09 – 0:1118 turns
Thank you Madam Clerk.
The next item is approval of the administrative agenda and I believe we have a number of items that Supervisor Adam requested to pull. Those were A8, A11 and A17 is that correct Supervisor Adam?
Yeah I'm interested in 17 if anybody would pull it. I'm not going to pull it myself.
Okay well we can just go
ahead then. And then I just need the clerk to know that I need to, well there will always be a roll call vote on 19 because I need to abstain.
Are there any other items that board members would like to request to be pulled? Or are there any requests from members of the public to pull any items?
Chair Hart and members of the board, I have no request from the public on our administrative agenda to speak. All
right, well then Madam Clerk if you would read item A8 into the record please.
Chair Hart, members of the board, Administrative Item number 8 is from Community Services. It is to consider recommendations regarding the amendment and restated HEAP regulatory agreement for West Cox Apartments Affordable Housing Project in Santa Maria, and this is in the 5th district.
Supervisor
Adam,
did you have a question?
Well I thought this board was senior friendly and this project was sold as senior housing. And it seems like now they're going to switch it out and take away the senior preference. And I don't understand why we would Why we would tolerate such a bait-and-switch.
Is there staff that's available to answer Supervisor Adams' question?
Chair Hart and members of the board, we are trying to locate the department director now. I believe he is aware. We are just trying to get him on the line.
All
right.
So why don't we just go table that item for now and we'll come back to that when he is available. The next item, Madam Clerk, is A11.
0:11 – 0:1418 turns
Chair Hart, members of the board. Administrative item number 11 is from Human Resources. It is to consider recommendations regarding the authorization and ratification of paid leave time provided in response to the COVID-19 emergency. And there is a four fifths vote required on this item.
Thank you Supervisor Adam.
Yeah, I didn't really anticipate voting against this. But I just wanted to make the observation that every company in the US would love to do this and it just goes to show that it's far easier for organizations funded by taxpayer dollars than private sector.
Thank you. And then A17.
No, I did not pull A17. Did somebody else pull it?
Okay then I think I must have misunderstood. I thought that was one that you were interested in. Okay never mind. Thank you sorry.
Interested but not
pulling. Let's see we are still waiting on staff so I guess we could trail that A8 for a future moment. And we could approve the balance of the administrative agenda with the changes that the clerk described, which is continuing item A-10, trailing item A19 and continuing item A2. Is that right? Or is A- 10 withdrawn?
Chair Hart and members of the board, yes, the changes made today is withdrawing A- 10 and amending A- 3, amending A 5 Adding A-19 but trailing that until after closed session. And perhaps now trailing A-8, we can add that to the motion so we would trail items A- 8 and A- 19.
So
moved.
Motion's been made is there a second? Second. And seconded any discussion? Okay with the clerk please call the roll.
Ms Hartman? Aye Mr Adam?
Aye
Aye.
Mr. Williams?
Aye.
Chair Hart? Aye. Motion passes unanimously.
0:14 – 0:184 turns
Now is 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?
Yes. Chair Hart and members of the board. We have one request to speak on general
public comment and we're going to the phone for Andy Caldwell.
Hi, this is Andy Caldwell representing COLAB. Thank you for letting me speak to you today. One of the things I wanted to bring to your attention is that your neighboring counties both Ventura County and San Luis Obispo County have begun to lift orders. And there was a coalition in San Luis Obispo County of the county supervisors and all I believe every single mayor Signed a letter on indicating why they believe they should be able to get out of this. Ventura County is opening up their car dealerships because they know they need the money, and I want to speak in general terms to this whole issue. One of the leaders in Europe mentioned the following. She said, This is in fact the first time we the world have quarantined healthy people rather than quarantining the sick and the vulnerable.
Hence, it's not Sweden that's conducting a mass experiment. It's everyone else. What that means in practical terms is that too many of our health professionals and the politicians following their lead here in America are looking through the wrong end of the telescope. And you know, the bottom line here is that Stanford professor Michael Levitt has indicated The rate of a virus will drop naturally over time.
And that even those countries such as Sweden that have not shut down and forced their people to stay at home, that infection rate will drop just naturally. Stanford epidemiologist and metadata analyst John Ioannidis believes that what we're witnessing is not a once in a century pandemic but a once in a century evidence fiasco And I'd also like to remind you that the law in this particular case, and I've never heard County Council Gazzone weigh in on this.
The law in this particular case when a governor or anybody else enforces police powers they're supposed to have a compelling government interest which I think at the beginning we did to flatten the curve But then it's supposed to be as narrowly construed. The application of that is supposed to be as narrowly construed as possible. Well, the fact that the governor has no end date and the fact that you can't measure any of the specifics in this plan I believe means that... And then plus the fact that we've already flattened the curve? I don't think the governor has any authority left to be imposing this shutdown by way of edict And I wish that your board would do what San Luis Obispo did and lead by asking him to rescind the order and give back local authority.
Thank you very much.
Thank you, Mr. Caldwell.
0:18 – 0:2219 turns
And Chair Hart, members of the Board, I do believe we now have Community Services Director available by cell and we can call him now for Administrative Item number 8. All righty, Chair Hart and members of the Board. We have Community Services Director George Chachian on the line and if Supervisor Adden can please repeat his comments on Administrative Item Number 8 that would be much appreciated.
Well, Mr. Chapman, I am just unclear on why we're allowing the senior preference to come off of this project because there seems like there's no shortage of seniors that need housing. So what is the reason that we're going to entertain this patent switch?
Let's see, I think it was hard to hear the question unfortunately but I think it's why it wasn't changed for seniors. Originally the project was senior based but the housing authority when they took it over building a project for homeless and so the senior preference was removed only because HUD allows for seniors preference only if you hold projects. It's for seniors but partially for seniors I guess I'm not satisfied with the answer, but if it's a federal program there is nothing
to say about it. But it might be the new model for approving projects is to bring it in with one set of pretenses and then modify it. That's kind of what we're afraid of, is that this could be the new model for getting projects passed.
Supervisors if I could say something, Supervisor Adam to the Chair you're right Present something that as we go through the regulatory process isn't true. We will make sure we do a better job on that But I do want to point out that these funds are heap funds from the state and those are specifically for homeless housing So it could have been that We thought we could serve senior homeless and it looks like through this process because of the restrictions on fair housing, we had to remove that. It could be that seniors or senior homeless individuals are still part of the project. It's just that we can't put it in the documents evidently.
Thank you Mr. Chaplain and Ms. Miyasato for the clarification. Is there a motion to approve this particular item?
So moved.
Motion's been made by Supervisor Williams. Second. And seconded by Supervisor Hartman. Roll call, please?
Ms. Hartman? Aye. Mr. Adam?
Abstain.
Mr Lavinino?
Aye.
Mr Williams?
Aye
Chair Hart?
Aye
Motion passes 4-1 with Adam abstention
And that concludes our administrative agenda.
The next item is department item number one, would the clerk please read that item into the record?
0:22 – 0:285 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 and CEO Miyasato would you like to introduce this item?
Supervisors, as you know we've been providing updates on COVID-19. Today we have various folks providing the update not just Dr. Lon Dovinoso but Brian Olmsted who is obviously with our Sheriff's Department and also a member of our unified command so he'll be giving part of the presentation on the Lompoc federal penitentiary issues.
Thank You Ms. Miyasato and welcome Mr. Olmstead
Good morning, Chair Hart and members of the board. So I'm going to give an update like stated on the Lompoc Federal Penitentiary with the outbreak taking place related to COVID-19. Just a little bit of information about the facility it has multiple facilities within the campus and with a total of over 2700 inmates that are housed at the on the property March 18 was the first positive test result of an inmate At the facility, and then about a week later on March 25th was the second positive test result of an inmate. After that every day we started getting additional positive tests during that time public health has been in contact with their prison staff disease control unit and have been working with them as the numbers grew there was a fear that with the congregate setting that a prison has and Saturday, April 11th was our first conference call where we included The California Office of Emergency Services, the Bureau of Prisons and Santa Barbara County Unified Command.
We talked about the issues and started looking for a solution. Over that Easter weekend, that following Monday we developed a plan and a request that the penitentiary build a mobile hospital within their facility so We could move some of the inmates that were in the local area hospitals below the level of a ventilator back onto the campus of the prison. Plus also as new inmates tested positive and needed medical attention, they could stay on campus relieving any kind of pressure that would be on the hospitals.
The plan was developed and it was decided to build a mobile hospital on the facility. Is in the process of contracting with a national health carrier, Aspen Medical to staff that and develop the plan for it. The public health members of the unified command met several times on the site with prison officials and they decided on a old factory that's on the prison grounds as the best place to convert to a mobile hospital.
The plan involves phase one and phase two. Phase one was to take part of the office area of the factory and convert 11 offices into isolation areas for the mobile hospital. They've already started the construction on phase one, and they're working on completing that in the next several days to a week. Phase two is to continue converting the rest of the factory into a congregate setting with at least 60 to 80 beds in that congregate setting.
Phase one will include up to 22 patients in those office cubicles. As of right now, they're the healthcare providers working on obtaining all the medical equipment and establishing their staff and getting them transported here. The prison is working with Army Corps of Engineers to identify how they're going to do phase two buildup. But like I said, phase one's already been approved and they're working towards getting that completed.
The current numbers as of yesterday afternoon is 96 inmates have tested positive, 12 are in area hospitals and 29 staff members have tested positive and 1 is in an area hospital. Additionally, there's been one inmate death related to COVID-19. Like I said we're in daily conference calls during the Monday through Friday with the California State Office of Emergency Services and Bureau of Prisons with the Santa Barbara County Unified Command and we're continuing to work through this issue to relieve any kind of pressure that inmates might put on the area hospitals.
0:28 – 0:369 turns
Thank you Mr. Olmstead, that's really helpful and very comprehensive report. Questions for Mr. Olmstead? Any questions in San Maria? Supervisor Lavenino. I'm
not sure it's a question for Mr. Olmstead but it might be so if we add the total number of prisoners or inmates that's 96 and then 29 Employees gives us 125 active cases. That's more than half of our total active cases for the entire county, isn't it? Because I think 236 is active right now. It might be for Dr. Renoso.
Yeah if you look at the total we're over 400 in total positive cases obviously some have recovered but this list The numbers I'm giving are the positive numbers, not so much how many have recovered since then. Some have been transferred back to the facility because they've recovered from the hospital. It is a large percentage of the county's numbers though.
Thank you for that clarification. And I don't know if Brian has the answer to this, but we've only seen one case at Santa Barbara County Jail and I believe there's only been one case at CMC. Was there a, is it something that we're doing right or was there a protocol difference at a federal prison? Have we gone back to find a source or do you have any idea on that?
So the prison has a disease control unit that they're identifying, trying to trace that back to the initial infection. They have put the whole facility on lockdown. They've really restricted the movement of the inmates and the staff. They're doing temperature checks for the employees as they come in. With the sheriff's office early on, we started a very strict process of trying to control and prevent the COVID-19 from coming into the facility.
And so far, we've been very successful with it. Our inmates are first as soon as they're booked The facility, they're in a quarantine location for at least two weeks where they're monitored. And then after that two weeks, they're checked again and then they're moved into a different part of the facility. So we've had a very robust system of trying to keep COVID out of the jail.
Thank you, that's helpful. Any other questions for Mr. Olmstead? Okay, thank you. Thanks. Dr. De Ruinosa? Welcome.
Good morning. I'd like to begin my update with a glimpse at our latest numbers. So of the total cases we have as of yesterday, that is 416 so as you can see the Lompoc area 96 of the cases being related to the prison and 72 cases in the community. This totally, this whole bar represents 40% of our cases. Next is in the Santa Maria area we have 101 cases so that represents about 24% Of the total cases, following would be Santa Barbara with 11% and Orchid at 8%, and South County at 5%.
In terms of age distribution, we have the two largest groups are the 30 to 49-year-olds at 35%, and that is this number 147. And the 148 cases in the 50 to 69 year olds represent 36%. So we do have in the 0 to 17 age group about 4% Followed by the 18 to 29 at 16%, with above 70 and above at 9%. So it is distributed throughout all age groups. With regards to patient status, we have 45% recovered.
43% recovering at home, 11% still in the hospital with 1% death. And of the patients in the hospital we have 65% of those hospitalizations non-ICU with 35% in the ICU. So this graph gives a snapshot of the total cases in our county. So earlier, Supervisor Lavagnino asked about the prison total. If we look at the total of prison cases that would be 125 but if we break that out 77% are due to inmates And 23% are due to employees, and those employees are distributed throughout our county.
So the prison total makes up about 30% of all of our cases. Case by patient status. So the first three lines, so here we have this is our grand total. You can see that we are still increasing incrementally with yesterday being at 416 cases of that 57% are existing active cases and 42%, the green line here is recovered. The bottom line, the bottom graph, this purple dot denotes the new cases in our county.
Supervisor
Adam?
Yeah, I need to make a point on those last two graphs that total is an accumulation of all of the known cases. It isn't accurately reflective of the current conditions because it never takes off the 45% that we know recovered. And it doesn't have any recognition of any amount of cases that may be out there, that people were asymptomatic or even had mild symptoms.
I'm not a big fan of those graphs.
0:36 – 0:4417 turns
Capture confirmed cases. We have, it's anecdotal the level of asymptomatic cases out there or cases that are mild and are not reflected. So these again are reflective of only people who have tested and are confirmed.
It's probably
important
to add that.
I wouldn't
know how to capture- We only tested people, I apologize for the delay. We only tested people that were presenting with symptoms, is that correct?
Correct and that has been under the guidance of CDPH and our community healthcare professionals. With limited testing.
It leads you to conclusions that are kind of wacky.
That may be so, but we as a public health department are following the guidance of CDC, CDPH, as well as all the healthcare experts in our community.
And the reason for that guidance and the reason for less than ideal testing capacity Is the shortage of tests both here in our county and across the country and the world. And so, public health officials have I think wisely said we need to ration the tests to the folks who are most obviously in need of medical evaluation. But Supervisor Adams' point is that if we had more tests, we would have more positive cases is true?
Well, if Supervisor Adam could tell you that my point is that the information is at least semi, if not wholly invalid on those graphs. And we can't make any more tests appear, nobody can. So the fact that we're not doing any random sampling in favor of just sampling people that present with symptoms Is destroying the validity of the test, if you will or the calculation.
Because you just can't sample only people who are sick and then come up with a graph like this that shows an ever increasing number. It's just an invalid question. You're asking an invalid question. And that's all I'm going to say.
Thank you Supervisor Adam. Dr. Domenico, go ahead. Excuse me, Supervisor Williams has a point.
I think the department has followed the guidelines correctly on testing. I think we do have data that indicates our testing per capita is comparable for other communities so I don't think people should be operating under the assumption that if they lived in another county they would be getting tested There are some communities, very small ones that have been able to test general population. But as far as the information I've gotten, those are communities where somebody with a lot of money has rolled in and paid a ton of money in order to be able to do that. So a little town of Bolinas is testing everybody but they're only 1600 people and That thousand dollars for that if you looked at the population of Santa Barbara County and did that it would be I believe one hundred and twenty million dollars.
So if anybody has 120 million dollars lying around maybe we could change the situation dramatically but we also do believe that public health is pursuing Options that we'll be able to increase our testing. But I do want to agree with Supervisor Adam that this is not as useful of a graph as if you are illustrating the curve in which we are used to seeing it, which is either in the amount of people currently hospitalized or currently active cases because this graph will continue to grow no matter whether we get it under control or not, right? Because it's a cumulative amount of cases. The one thing it does illustrate is that the growth in cases is linear and not geometric, which is a good thing.
It means that we have never had the geometric spike so that means journalists you shouldn't use the term spike for anything in Santa Barbara County because the growth is all linear but it would be helpful if you could provide Form we've been used to seeing it internationally, nationally and locally which is in the. hypothetical graph curve and we could now assess that versus the actual curve of Santa Barbara County.
Right, I apologize for not including that. I have so many graphs this morning and so at the risk of boring you to death over the graphs, I last minute took that out but I can say that if you're looking at the bell curve We are actually well below what we were projecting and I have a slide that briefly touches on I think that because of all the interest in the different types of graphs, I will make that. I will post those graphs on our website with some context so that the reader can understand how we're tracking cases and hospitalization as well.
Thank you. And I think that's a great segue to your next slide.
Yes, so this graph is useful because we have been asked well how do we know the percent increases in cases day by day? So this graph is a nice depiction of even though the cases are growing incrementally linearly We see that it is on a downward trend. It is variable, so it is not consistent. The only consistent thing I can say about this graph is that we're seeing a downward trend but there again, there is variability day to day and so hopefully the goal is to see some consistency in the downward trend.
So the takeaways, lower number of cases than predicted in the model. And we believe that it is directly tied to Governor Newsom's executive order and that our community efforts to adhere to physical distancing as well as the compliance with health officer orders to prevent the spread. However, the number of cases still are increasing. With the active cases still growing, so there's that potential for spreading. And we absolutely need to see consistent decline in cases over time to inform our policy changes.
Question on that?
0:44 – 1:0010 turns
Go ahead, yes.
Thank you Chair. Just on that last bullet need to see consistent declining cases over time between the number of cases still increasing and active so Are we lumping in, I mean that includes the Lompoc Federal Prison as well. Let's just say we had a complete drop off and we're kind of seeing this elsewhere is that we're seeing outside of Santa Maria and the Lompoc prison a decline in new cases.
Are we going to do this even if we continue to have the problem at the prison but nowhere else?
I think that is a great question, and that is something that our team is looking at. And the reason why we want to include the numbers from Lompoc Prison in our analysis is because it's such a fluid situation. You have staff who live in the community and there is... And that affects our community interactions, it affects the number of cases. So I don't believe that you can totally remove what's happening in the Lompoc prison from the equation.
I wouldn't say you have to eliminate it but I would say you would have to balance it with what the health is of the
rest
of
the county. Right. That is something we would take into consideration definitely. So, if there aren't any questions I'd like to move into sharing with you the preliminary demographic data of our cases.
You know Dr. Reynoso just before you get to this next stage I think the clerk has an announcement that she'd like to make.
Yes thank you Chair Hart and members of the board my apologies for the interruption but I did just want to let the members of the public and the media know that we are Allowing media into our April 21st, 2020 board hearing that is today. So if any members of the media would like to participate in our hearing room today they can do so and just call the clerk at the board at 805-568-2240 to let us know that you are coming and we will escort you up to our hearing room. Thank you.
So this is, if you visit our website you can click into any of these areas and it will delineate the number of cases. So I just want to in case you have not explored this feature on our website it is available. So we were able to interview, or at least touch base with 307 of our cases. And so that depicts if we currently have 416 cases This describes about 74% of our total cases.
We did interview 221 cases, and to this I really want to give a shout out to the Public Defender's Office for assisting us as well as general staff in the public health department for making this possible. To go back and interview the cases within a 10 day period. So that was pretty, pretty astonishing. We are including 86 cases from the prison in our analysis and it will be noted when we do that.
So race and ethnicity of prison population. So these are the 221 cases in our community, and this consists of we have 61% of our cases in the Hispanic group 31% among the white group and 1%, Asian, 0.5 in the American Indian, 2% in African-American, 0,5% Native American Pacific Islander, 2%, denote that they are multiracial and about 2% refusing to answer. So when we compare that number, the number of cases that we interview with the representation in Santa Barbara County population you have in the olive column is the comparison. So the Hispanic cases are overrepresented, underrepresented among whites, underrepresented among Asians A little bit, so I want to say that the American Indian Alaskan Native, the African-American Black as well as the Native Hawaiian Pacific Islander.
These are really, really tiny numbers. So that would be very statistically challenging to form any conclusion. So if we include the incarcerated population in our analysis, the numbers change. However, the overall representation still is on track with over-representation among Hispanics. We note here that even though statistically it's challenging you see the numbers for the African American Black population is doubled.
The primary language is English with 19% Spanish, health insurance About 90% of our interviewees have some form of insurance, whether it be private insurance or public insurance. With 8%, without any form of insurance. When we asked whether they have healthcare provider they can see, 84% of the respondents say that yes. They have a health care provider that they can see with 15% saying no.
Household sizes. We have 31% of our respondents living in household two or less, and 53% living in household with three to five people. And 14% living in households with six or more people. The annual household income, we have the rough median is at 19%, and that's 50 to 75,000. With 24% on this side below the 50,000 and 26% on the other side above the 75,00.
Education level. We have at the highest group with 30% sharing that they have some college or technical, so that's one to two year three years of college or technical training. Knowledge of the coronavirus before getting sick. We have 80%, so that's 26, 29 and 25. So this represents 80% of the interviewees saying that they are somewhat knowledgeable to extremely knowledgeable about coronavirus.
And where our interviewees heard about coronavirus is from TV news. at 80%. Knowledge of hand washing before getting sick. So we have 93% understanding about regular washing and able to practice it, so this is a really good encouraging number. Knowledge of social distancing before getting sick. We have 48% stating that they understand social distancing, meaning to keep six feet apart from others and was able to practice it.
But what is concerning is the 16% in group A 8% in group B and the 24% in group C. So that all together amounts to 48%, who either are not understanding what social or physical distancing is, or understanding why it's important, or unable to practice it. So there's room for improvement in this group right here. Social distancing at home. 58% said that yes, they are able to practice it. With 38% saying no, physical distancing is not possible.
So this is social distancing at work. 39% says that yes, it's doable with 36%, almost as much saying no. So what are the takeaways from our preliminary demographics? As testing expands and our data collection progresses, the distribution by race and ethnicity for the cases may change. And our data currently shows that Latino Hispanic represent a disproportionately higher number of cases compared to their representation in the Santa Barbara population.
We need to continue efforts to reach community members whose primary language is Spanish. We need to conduct outreach and enrollment efforts to the uninsured cases, to make sure that they get plugged into publicly insured insurance. We need to continue messaging physical distancing and hand washing. And we need to continue to partner with businesses and work sites to ensure optimal physical distancing.
Actions that must be aligned in order to achieve, we need to make sure that the ability to care for the sick by the hospitals and we are making strides in that, the hospital system The public health department is actively working to distribute scarce medical supplies. Prevent infection in those with a high risk of disease. We still continue to prioritize testing among the vulnerable groups and we have plans in place to support those vulnerable groups who are unable Self-isolate.
Build capacity to protect the health and well being of the public. We will continue to refine our Health Officer Orders, and we will continue to focus targeted public messaging about physical distancing, about preventive measures that every member of our community can take. Reduce social and emotional economic disruptions We have our community wellness in place.
And we continue to public message about how to stay healthy during this time, as well as the economic assistance available. So I'd like to end with just a quick Recap or reminder about the governor's roadmap and where we're at. The first one, the ability to monitor and protect our communities through testing, contact tracing, isolating, and supporting those who are positive or exposed. So there's a lot of conversations about will we see cases increase as we expand testing? Can we test asymptomatics? Where are we with testing as a community? And I appreciate Supervisor Williams referencing that per capita, Santa Barbara County is on target. However we know that testing is a big concern. So the public health department is actively negotiating an increase in our capacity to test.
And I anticipate the availability of that or an update to your board sometime later this week. We are also hand in hand, while we pursue an increase in the availability of testing. We are also standing up our tracing isolation quarantining unit so that we can track and support those who are positive. The ability to prevent infection in people who are at risk with more severe COVID-19. We are working on that, identifying the vulnerable groups and again this ties to testing. This ties to making sure that we have a Quarantining and supportive services in place. The ability of the hospital and health system to handle surges, this is an ongoing conversation with our healthcare partners. The ability to develop therapeutics to meet demand, this is something that we are looking to Sacramento to support.
The ability for businesses, schools, childcare facilities to support physical distancing. Again, this is in the works. Planning stages in partnering with all of these stakeholders. The ability to determine when to reinstitute certain measures as they stay at home orders if necessary. And again, we are looking at what is happening in Sacramento receiving guidance from CDPH as well as having discussions with our neighboring counties on lessons learned with their attempts as well.
So with that, I hand it over to Nancy.
1:00 – 1:0810 turns
Good morning Mr Chairman and members of the board. The governor's release of the six critical indicators has led many of our businesses and community members to ask what does this mean for them? It has prompted It has prompted our county, like many other counties to consider economic reopening and how we can do this safely and efficiently. The governor said there is no precise timeline for modifying the stay at home order but that the six indicators would serve as a framework for making that decision over the next four to six weeks will be developing a strategic phased reopening plan that complies with national and state guidance It will outline the steps that can be taken safely as we deal with the epidemic transmission brought under control and we will include tools and approaches to target infection containment under less restrictive orders.
A project team will be organized that includes several county staff, a representative from the schools And a panel of medical professionals to help drive the process. We are fortunate to have REACH, a coalition of business and civic leaders that have supported Sloan County in its emergency operations and recovery planning to be available and interested in assisting Santa Barbara to succeed in this same process.
We hope to engage REACH to help develop the plan and facilitate stakeholder collaboration efforts It is expected that REACH's work with the Slope County's plan and their expertise in engaging a wide variety of business and community groups will expedite our project timelines. We will be identifying key stakeholder participants for our countywide stakeholder team to guide Thank you Ms. Anderson.
Any questions from board members?
Supervisor Williams. Do we have or could we obtain an estimate of the number of health care workers we have in the county versus how many have been tested and how that compares to the general population?
We have the number of health care workers who are positive. That is information that we have disclosed before with regards to the number of testing- The
number overall tested versus the
number
of overall healthcare workers there
are in the county? So, that's a more slippery slope or complex answer So on our website, we do post the number of tested and of that who's negative and who's positive and who's spending. We don't believe that is a true depiction of all the cases or all the tests that's being conducted in our county. So over at the past week, we have been working with various hospitals, commercial labs to really arrive at what is that true number? And with that, I think we'll be able to give you a better answer. Right now, I can say that what's posted on our website, increase above that number in terms of the total number of tests. But yes, we have the number of positive health care workers. We have not pulled out the number who are negative.
And I'll just first of all say I think it's encouraging that we are engaging with reach and assessing a reopening plan. That we should be trying to trim off some time on that reopening plan. Not so much because we would reopen within that timeframe, but because we should be ready as soon as possible to understand how we're going to do it. I would also advocate that we consider At least one sector for reopening before this, and separate from this plan. And that is the healthcare sector.
And I'll walk you through my logic. We have a higher proportion of people tested in that. I think we should probably assess how much that is in that sector. So that corresponds to the governor's principles. The other principles, if there is any sector that we could rely on to be able to implement those principles it would be the healthcare sector and because the stay at home order has actually caused layoffs in the healthcare industry which is to me a very dysfunctional aspect Meet a public health crisis while we're laying off healthcare workers, lab techs. Other folks seems a little crazy and it's not obviously a purposeful outgrowth of this policy but it is an outgrowth of the policy.
Also, it's a huge part of the economy. And healthcare techs and healthcare workers, the average healthcare worker are not high wage earners. They're people living at margins. And so putting a whole lot of those folks into poverty would not have positive health effects either. And then I would just want to talk about the surge of people who are losing their insurance because of their layoffs.
So we don't just have a backup of elective procedures since the beginning of the crisis. You have to think, we have a backup because there are going to be a lot of people who need to have a procedure before they lose insurance. Otherwise, frankly, they're gonna be on the state's dime and that just doesn't make sense for us to prevent them from getting a healthcare procedure Before they lose their insurance coverage. So I'm just laying out a logic of why we should in particular look at and talk about limiting, a limited opening for the healthcare industry as a start.
Perhaps Mr. Gazzone could speak to the relationship of the governor's orders to our flexibility here locally too, that would probably help this. Thank you.
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Chair Hart and supervisors, we're in a situation right now where we have a statewide emergency declared by the governor. A state public health emergency declared by the director of California Department of Public Health. A local emergency declared by the board and a local health emergency declared by the local health officer. So within that framework, the California Emergency Services Act is our starting point.
And by statute that makes clear that any order under the Emergency Services Act by the governor has the full force and effect of law. So the starting point is that the governor's statewide order has the effect of law. As a general law county, it's a little more straightforward for us that the board's authority is to pass ordinances and regulations not in conflict with the general law.
Public health is an unusual area where even charter counties and charter cities do not have the flexibility that they would have in other areas. They also must comply with the order from the governor. So in this case, the board has powers. The local public health officer has powers but they're both subordinate to the powers coming from the state in this declared emergency.
I think that's the micro level. The macro and looking at the authority of the governor has to act probably if we go back to 1905, the US Supreme Court upheld the legislative mass vaccination and forced quarantine of Americans, even who were not showing any signs of smallpox. So that's the case that keeps coming up when we look at areas of public health and our own Court of Appeal in looking at this tests public health ordinances, for example the governor's order to see if they are reasonably related to the public health goal. And the standard is that if challenged, the validity will be upheld unless it is clearly and unmistakably unconstitutional. So the starting point is the governor has much latitude in the area of public health and the county responds within that framework
May I make a comment?
Before we go too far on this, I think the answer just misinterprets what I'm asking for. I am not advocating for defying the state order. I am advocating that we ready ourselves for when the state order is modified or lifted. That is two very different things. reopening things tomorrow. That's reopening things when they are appropriate, when we are in the downward part of the curve and I also think that our timing of reopening has a little bit should you know we should be advocating during that time with the state in various serious terms ability to sustain the stay-at-home order is somewhat dependent on state aid, not just for us but for our constituents.
The state has received federal aid. We have not received any of that aid and so we need to, I provided the CEO last week with a letter that Mr. Adam and I wrote and We will synthesize somewhat this board's view and really let the governor know that our ability to sustain this very much is dependent upon state aid, not only to us but to the many people who are slipping into poverty. And if anybody doubts that poverty has severe healthcare effects there is just an article A couple days ago, out of New York Times that highlights a WHO study on exactly that. That we will be having deepening poverty effects in the state and that will have deepening health effects.
So we have to take steps either through state aid or through thinking through the restart of the economy on how to avoid lingering and severe health effects on primarily children who are the ones who are impacted by the increased mortality
associated with poverty. I believe CEO Miyasato has a slide specifically to address, and I think it's the next slide in the presentation to talk about a draft letter that has been prepared in advance of the meeting, so CEO Miyasato.
So supervisors, a few supervisors submitted letters for the board's consideration and what's presented to you that was submitted and posted is a letter that combines comments from those two letters. It discusses the economic impacts to the county. It talks about the impact on our most vulnerable. And we're asking that yes, we want to open up our economy as soon as possible. We are staying within the framework of the governor's six points. But as Supervisor Williams said, we will need more funding for the things that Dr. Dover knows have talked about for us to be ready and aggressive in opening back our economy. So that's the gist of the letter and it's provided to you for your direction or amendment this morning.
And I think the timing is really excellent because Is proposing to speak to the state tomorrow about this subject. So if we can get that letter on to him today, that would be excellent and I know that you have already drafted a letter that would, Our comments and if we have additional ones, we can add that as the day goes long. So Supervisor Hartman has a question or comment?
Thank you. I just very much support contracting with REACH. I knew them as Hourglass and working on economic development in North County and South Slope County. And I think they bring a lot of focus and talent to the effort. And am eager to have them working with different sectors. Can you describe, have we identified the sectors and about how big the work group would be?
We're thinking about that. That'll probably be solidified by the end of this week and early next week. We're looking to encompass as many sectors that are interested in participating, broadly agricultural, any of our businesses related to tourism. And we'll identify individuals who will represent those groups and be able to communicate with them quickly and efficiently to get comments on that type of thing back.
And I have a couple of questions, I think for Dr. Domarino. So as I look at the governor's roadmap number four, the ability to develop therapeutics to meet demand, what does that mean?
1:16 – 1:2111 turns
That means development of vaccine, development of additional treatment, pharmaceutical treatments available to our identified cases.
Yeah so I mean we certainly don't expect that anytime soon. So the road map, the framework is very broad. I know there are answers to questions and that gives us more guidance, but I'm not sure how much flexibility we have within this and whether we have flexibility within the county or we intend to do the whole county As one unit, beginning to open up different sectors with certain guidelines as to how to social distance or how to vary hours in schools. And the different things we can do and how effective they would be in comparison to other strategies.
Right. You know, that was I was on a phone call with CDPH hosted a call last night with all of the jurisdictions, the public health directors and public health officers. And this came up the governor's roadmap. And my takeaway from that long conversation is that some counties are in better position than others to achieve multiple of these pillars. My understanding from CDPH is that the governor has six workgroups tackling All of these items and the nuances, the strategies. And that they are looking to local jurisdictions for any of the expertise they have in any of these areas. So several of the jurisdictions Who have thought through the six pillars or initiatives and offered to help, and they are taking those into consideration. But in particularly number four I think that has for a county our size as well as many other counties.
That is something that's going to be driven by CDPH and the governor.
So just a couple more specific questions. Do you have any numbers for the Air Force Base? I don't.
It is grouped in that area, and that is... Is there something specific?
No, no. I just was curious if we had any knowledge specifically of the Air Force Base, but it's grouped in the Burton Mesa-Long Poke Area communities.
If I may share, I have received emails of concerned community members wondering If any of those numbers can be tied to cases at the prison. And I could say that, of the cases that's occurring in that area is not tied
to the prison. And I guess this is for Mr. Gazzone, so the governors, does the governor and the health orders that we have define the essential businesses? And if you're not essential, you cannot operate and so we can't start opening them up earlier, is that correct?
Chair and Supervisors, we have called several times a day on looking at the latitude the county has in this area. And I would say that the order by the governor and the order by the state public health officer are both very short half page by the Governor and basically a page by the public health officer. And then link through hyperlinks to other documents including federal standards, and unfortunately some frequently asked questions.
And that's what we're managing too. So when we look at that, we are looking in each category for what latitude that the county either through the board or through local health officer would have. But I can't give you a crisp answer on that because these short orders by hyperlink go to other documents. And they're not crisp. And one of the reasons why we have local health orders for several of the counties that we work with is so that the population would actually know what is and is not prohibited, because managing directly off these state orders is very difficult.
And then another question, if I may continue. I hope that the work we have with REACH doesn't duplicate what's happening in the work groups at the state level. Is there any way to coordinate?
Supervisors and through the chair, our intention is that they won't. But we know that the governor has said that certain things will be left at the local level. And I think that our local community would be best ones to talk about how would you implement social distancing in our schools and our businesses? So I think that will be the big focus.
1:21 – 1:2918 turns
And then I guess this will be my final. We are, the Latino community is overrepresented in the cases and that is very concerning and I wonder if you could speculate why and what more we can do?
The efforts that we have underway, which is the Immigrant Health Rapid Response Task Force. Which is comprised of the public health department, UCSB and service agencies, advocacy groups. I think that is something that we are all working on identifying and asking the reason why that is. And so in the weeks to come, we'll be able to really think through and come up with strategies on addressing that. Meanwhile I think that what the county has done is commendable. In terms of we have a website that is solely in Spanish. We tweet, we communicate in real time specifically in Spanish. Not only that but we also engage our partners in interpretation and so I think those will be very helpful strategies and again that is something that we will look to the community Tune in and focus our efforts.
Thank you, are there any questions or comments from colleagues in Santa Maria?
Yes, I have a question and comment. This is for Dr. Doreno. So if you test me today and I am negative could I be exposed later the same day and then be positive after the test and shedding virus and spreading virus even though you just cleared me for work or school or whatever else?
So Supervisor Adam through the chair, if you are tested today and you are asymptomatic. Are you asymptomatic or symptomatic?
I am asymptomatic
If you are asymptomatic and we test you, that is a point in time test. That just describes how the state of the virus present or not present in you. So when the test comes back in a day and it is negative, that does not mean that you can't be exposed meanwhile or the days ahead to the virus and become positive. Does that answer your
question? Yeah, it does. So what we're talking about in the governor's order is testing for positive, right? This is not for antibody.
I think that in the earlier, it's both. I think that in the earlier guidance that I had read, it was still prioritizing symptomatics but I also know that there is relatively quickly around the corner the availability of serology testing to gauge whether That individual has had exposure to the coronavirus family. So that serology testing is around the corner with regards to becoming available in our community.
What we're talking about here is contact tracing, isolating and supporting those who are positive or exposed. And that would only be relative to the positivity testing. Am I right?
Correct.
Yeah, so my point here is and I think you've made my point is that it really has no value if you can get a negative test and walk out the door be exposed. And then begin shedding and spreading virus. Even though you just got cleared for, see this it just negates the usefulness of the strategy for purposes of reopening our society. And now on to my comment, we are in the process of self-inducing a depression.
We're talking about taking or having negative effects on children. I can't imagine a more negative effect and lasting effect than just having a permanent reduction of the standard of living for our children. There was a Chamber of Commerce statement the other day that one in ten businesses couldn't last a month and one in four couldn't last two months like this.
And we're into a month right now, we're over a month right now. And I would recommend, and I know we won't get any traction on this board for this. But just for public purposes, I would recommend at least interpreting the governor's order as liberally as possible and open our economy as soon as possible fully. If not, simply defy it and make him come and enforce it because I think it's void for vagueness among other things.
And I think that we have a responsibility to future generations to reopen this thing. And yes some people are going to get sick and that's unfortunate but some people are going to get sick in any case. And we can't stop that, and we're just inducing a depression. And I find that just appalling.
Supervisor Adam, if I may clarify. The intent of the governor's road map number one is really to test those who are asymptomatic that may be positive. So we want to make sure that we capture those positives and contain them. You alluded to spreading so that is the point of the number one. To be able to broadly test in our community so that we can identify the positives And stop the spread to vulnerable populations as well as to protect our healthcare system.
Okay, so do you ever get a false positive?
The PCR from that question came up during our call with CDPH and the official statement that the PCR done in a complex laboratory setting is 95 to 99% on point. However, there are other tests
that are not. I'm sorry? So that's a yes, we give false positives.
Yes.
Okay so we're talking about contact tracing and isolating and supporting the people that are false positives?
1:29 – 1:3613 turns
I'm sorry. I think that our team is fairly sophisticated and so through their contact tracing would be able to sift through those false positives.
Did you want to add something?
Supervisor, through the chair, so there are a lot of questions and I think Supervisor Adams just pointing out the complexity Contradiction that could occur with all of this, that is occurring now in the pandemic. And part of what we're trying to do using reach as well and experts is to clarify our understanding of how that actually would proceed. So there are a lot of questions. You're right if you follow it through its rational conclusion, that would mean everyone would have to be tested consistently.
Going to have to be a practical application, and that's what we'll be looking for. And that's what we're hoping this reopening process will help us do working with our public health officials in the department and also with experts that Ms. Anderson talked about. Thank you.
I just want to remind you that we didn't suspend the entire Bill of Rights. So, I think this is still America and I think that locking people up especially if there's a possibility that there's false positives. You look at the justice system and we are on the side of letting people go all the time so It's just unthinkable to me that we would go to this extreme, especially with what appears to be developing as a death rate in this thing. It's not any worse than the regular flu.
Thank you Supervisor Adam. Supervisor Lavinino did you have any questions or comments?
I did and let's see. I just want to make sure that we're not saying, and I really appreciate the fact that our CEO has negotiated with REACH. And I think that's something we're all going to need is a road map of how to move forward once we go to a full reopen. But what I want to make sure is we're not saying that we aren't going to open until the REACH study is complete, correct?
Supervisor Lavinia through the chair, I think we're not going to be reopening until there's clear guidance from the governor about that. We are having the reach plan ready but if the governor said tomorrow you could open up because we believe all the cases have dismantled, we would certainly do that and work through it again. We want to get the economy going as soon as it is safe so- Right.
Okay, that's what I thought. And then just a question for Dr. Minoso. I'm looking at the governor's orders and some of them, we can check the box that we've done this and we've done that. And of course it gets down to number one which is the most difficult but at what point? What can we look at as citizens in looking at numbers and saying like I'm looking at the history and the charts and it shows that hospitalizations are basically flat.
ICU is basically flat, so we've done what we thought we were going to do. So at what point can an individual look at our charts and say this is what the public health officer's looking for? To where she will allow more leeway under the governor's stay-at-home order where we might open some more different industries.
So we- Is
there anything in particular?
Yes, so when we see not only the cases but as you mentioned hospitalizations going down consistently over a 14 day period. That is the benchmark if you will other jurisdictions have used in order to consider elective procedures, some of the recreational activities that can take place. So, that would be our benchmark as well when we see a consistent decrease in the number of cases and hospitalization in particularly over a period of say 14 days.
Okay, and then my last question is, and I know we've talked about this in other forums but just for the public's benefit. To the south of us and north of us there's been some changes in some of their directives about what essential businesses are. And if you could just speak to that. I'm just thinking of one in particular. I've got a dog at home that looks like a koala bear at this point.
She's a mess and I know San Luis Obispo County is opening up pet grooming. And the problem is, the reality is if something doesn't open in Santa Barbara County people are going to do the wrong thing which is then travel to San Luis Obispo County or Ventura County to get some of these essential services done. So I just think there kind of needs to be some consistency among the region.
Not just pet grooming, but grooming in general, salons, those types of things. So when those open up, just kind of give us a feel of what you're looking at as a region.
I think that as a region, we definitely want to be consistent in our policies of what is allowable and what's not allowable. What's difficult is that our rates are different from Ventura and it is different from Sloan. And within that context, we are looking at We've received numerous requests about golfing, about tennis, about pool usage. Didn't receive any about koala bear or pet grooming but have received comments about barbershops and nail salons and Massage therapy and of course from the faith community.
So those are the variety of requests that we have received, and this is something that's Hot and high priority on our list, and we are in conversations with both of our neighbors to see what was the rationale behind them allowing particular businesses to operate. And seeking guidance and looking at our own numbers and seeing how that can inform our decision.
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Okay, thank you.
Thank you.
All right, a couple of thoughts that I had and I know we do have public comment too is that looking at the demographic numbers, I'm struck by the fact that they do kind of demonstrate the existence of structural equity issues. Historically our communities of color and our immigrant communities haven't had equitable access to preventive care, culturally responsive health information Or even jobs that allow people to social distance and access paid leave. And so I'm impressed that our county is trying hard to address those issues through our communications to disadvantaged communities, and particular outreach to those folks to make sure that they have the information that they need to be safe. And it is encouraging looking at the information that some of those messengers are getting through but it does point that we need to refocus on those and double down even more in that effort.
And then something that I know a number of my colleagues have mentioned is we want the reach process to be collaborative and include the input of stakeholders. At the same time, we would want it to be fast and responsive and ready to be employed when the governor gives us that authority. And those things are honestly intentioned, and we have to understand that the more collaborative inclusive we are in working with stakeholders, that necessarily takes more time. So we will have to figure that out and be balanced in that approach and hopefully our partners and the people that we're going to be asking to join us in this effort I know that they understand the urgency of this and will be responsive as fast as they possibly can. I think that is the part though that is generally the longest duration aspect of something like this putting together the plan And having on a technical basis will go faster than getting buy-in from all the stakeholders.
And that'll be a challenge for all of us in our community. I think we have some public comment, Madam Clerk?
Yes, Chair Hart and members of the board, we have four requests to speak on this item. I have one letter to be read into the record and then we're going to go to the phone for Andy Calwell to be followed by Dr. Harris-Gelberg. And our final speaker is Corey Heyman. I will begin with a letter from Joe Armadares. Chairman Hart and distinguished members of the board, reopen Santa Barbara County's economy. Sincerely, Joe Armadares, Executive Director of the Santa Barbara County Taxpayers Association.
And I will now go to the phone for Andy Caldwell to be followed by Dr. Harris-Galberg.
Members of the Board, Andy Caldwell representing TOLAB. First of all, just one of the things that I've seen during this whole episode is last week during one of your press briefings, your health doctor indicated that nearly less than 1% of the population had been exposed to the virus and at least 99% are ready to catch the virus in time To tell you the truth, I was astounded that he would confuse the number of people that got sick with the number that had been exposed. Because your total number in the 416 is roughly 0.7% of the population he said was exposed.
I think we need to have a change of leadership in the public health department because the bottom line nobody Nobody believes that less than 1% of the population has been exposed. And if they did, what does that say about the transmission rate of the virus? The bottom line here is in all studies your department pretends that they only know what they know from this county and the fact of the matter is 80% of people that have it are asymptomatic.
They're not in the hospital, they're not sick. And according to this study, an antibody study is in California that show your numbers are a minimum of 50% lower than they should. And when your public health department says well we lowered the number because there's so She's not admitted due to all of the models, including the IHME model that she was counting just last week. And they're off by orders of magnitude. Why isn't that in her study? The most interesting thing you brought up, Supervisor Latham, you don't cost it if the reality is it's good half of your cases are coming from the prison and if you put those numbers Into your active case on page seven, active case three for recovered.
More people have actually now recovered in our county than are active. Some of the prison numbers, and I won't include them because you have no control or authority on how to deal with the prison population. So again, the number of people recovered is now exceeding the active cases in this county. And if you look at the new cases, that line has never ever been geometric or exponential. It's already always been arithmetic which means that there never was that potential here for surge because as people have indicated 80% of the people have proven to be asymptomatic. Finally, the economic re-opening plan is absolutely unpunctuable. General Sanisco did not need to convene a panel of experts. They simply got their county supervisors and their mayors together and they came up with a plan.
And what Supervisor Adams said is completely right on. The Governor's order is extremely vague. That means you should take advantage of that and exercise some leadership. I feel that your letter and your leadership is inadequate, the only thing you're really asking the Governor for is money. We're assembling at this point Ventura County for opening up their economy.
Thank you Mr. Caldwell, just a couple of points that need to be clarified number one
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The program that San Luis Obispo County has developed to create their reopening plan is the model that we are using. We're using, in fact, the same entity to develop our plan and so that point is not true. And I think it is important to recognize that there was a cross partisan letter from San Luis Obispo County that went to Governor Newsom yesterday asking that they be given authority to reopen their county.
Because their situation, they believe is unique. And the governor spoke to that letter directly in his comments yesterday saying that that was premature and that people need to realize that people travel around the state of California and that while things may be in one condition in one place, people in other parts of this state are in very different circumstances and have the ability to travel.
Is concerned about and looking at from that larger perspective. Do we have another public commenter?
Chair Hart, members of the board, yes we have an additional three speakers. We are going to Dr. Harris Goldberg to be followed by Corey Hayman and we had an additional request by Terry Strickland.
If while we're warming up, I could say that up here in Santa Maria at least we did not hear Mr. Caldwell very well so if there's some switch that can be flipped or something to get a better sound out of that phone, that would be good and I'm kind of amazed at this point we don't have some way to directly connect that into the audio system.
Thank you Supervisor Adam. We'll get it closer to the mic.
Good morning. In regards to the COVID-19 pandemic, I think it's fair to say that the Lompoc Federal Prison status is far from exemplary and that the number of infections in that prison is more than all the other federal prisons combined. Given that fact we cannot be assured that the Bureau of Prisons is telling the truth about Lompoc Federal Prison conditions.
I think Santa Barbara County needs to have a whistleblower hotline to report dangerous conditions at the prison that might affect our community, and I think we should as a county ask those who work at the Lompoc Federal Prison to volunteer to be tested for COVID-19 infections So that we can detect those who could be spreading the infection to our community members. Thank you.
Thank you for that comment and just so you know, we have offered and have brought tests to the prison for their staff to be tested with the county's test kits. Next public commenter?
Yes, our next speaker is Corey Heyman to be followed by Terry Strickland
Good morning, Chair Hart and members of the Board of Supervisors. I first want to thank you for your leadership throughout this COVID-19 crisis in our county. I want to speak specifically to the REACH engagement and I would like to further echo Supervisor Labadino's comments that we cannot wait for a stakeholder advisory group and delay our transition into the next phase of the pandemic by four to six weeks The delay is not supported by the data. Hospitalizations are down, fatalities are very low.
Our neighboring counties have already recognized that it is time to transition to less disruptive public health and social distancing measures based on similar data. We need not trail them by several weeks. We do not have the luxury of waiting four to six weeks to begin gradually reopening our economy. As the UCSB economic forecast webinar made abundantly clear last week Our county is in economic collapse, and we know that people are not getting the health care that they need for non-COVID-19 conditions.
Every day that passes under the stay at home order now makes matters worse for our county and not better. We need the board to move much more quickly and reopen our economy. Thank you.
Thank you Ms. Hayman.
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And our final speaker is Terry Strickland.
Hi, Terri Strickland here. Thank you Chair Hart and the Board. Watching the presentation today, the most worrisome part for me was the graph showing the four to six weeks to develop a plan. First because I've never known a government agency to be able to accurately propose timelines so if that isn't a good timeline and it's more like eight to twelve weeks This will put a lot of out-of-business signs all over this county.
SLO County could get a group together and have concluded that they will have a plan shortly, so I have a couple questions. If Santa Barbara County is modeling this, why is it going to take us so long to do what SLO County has done more quickly? Of course we want people to be safe. I know people who've had the virus. My husband has COPD So we know the seriousness of the situation. We've taken all the precautions, but not lifting some of these restrictions sooner rather than later will be devastating to our communities. I'm not saying this is just about the economy and money. The stress of this lockdown cannot be shown on a chart.
I would think Santa Barbara County has enough smart people being paid with our tax dollars to figure out what is best for our community more than the governor of this state. The other question I have is what is the best-guessed date of reopening businesses? And thank you for your time.
Thank you, Ms. Strickland. Ms. Miyasato, did you want to have some comments about the timing?
Yes, we will move with alacrity obviously once this all done but again this is going to be based on whether we are allowed to move forward with reopening in the economy based on the Governor's order so a couple of things. working with the same consultant, or we hope to be finalizing that contract. But they have not produced a plan yet. I just want to be clear. They are still in the process of having it working with their stakeholders. So they too haven't finished their plan yet so just to be clear about that. And the last thing is there's going to be comparisons with Santa Barbara County and other communities and I just want to restate that some of the other communities, other counties in the state when the governor issued his stay at home order other counties Before that did their own orders which were somewhat in some cases more restrictive than the governor's order.
We didn't do that, we relied on the governor's order. We did an amendment or we did our own order after that clarifying some things. But some of the things that we've seen in other counties where it looks like they're easing restrictions, they could be easing restrictions because their original order was more restrictive than the Governor's Order. So I want to clarify that for example, said health care facilities should be closed down. That was always an essential function, like an essential operation and I think if that's happening it's not because of our action or the governor's action, that's because the healthcare agencies are trying to figure out how to protect themselves as well so I just wanted to clarify that.
Thank you, that's helpful. Supervisor
Williams? Well first of all I wanted to thank both of you as my colleagues to highlight Inequities revealed by the disaggregated data. This has been a thing that I've long advocated for during my tenure as chair of the Asian Pacific Islander Caucus of the state legislature, that if you don't disaggregate data, inequities that exist, and the revealing of those inequities is the first step towards addressing those inequities often. So I want to thank the Public Health Department for gathering that. It's not easy as I've found out. I made the request thinking okay you guys could look at some spreadsheets, Some hospitals, but no you had to go in and do post facto interviews because some of that data is not given to the hospitals. And the hospitals can't always disclose all of that to you.
So I want to thank you for that level of effort on behalf of populations that are evidently disproportionately affected. The charge by Mr. Caldwell that this letter is inadequate, I would just want to say in defense of Mona that she largely took the letter that Mr. Adam and I wrote, instead of eviscerating it she surgically altered it Taking out just a couple of the edgier things that I probably would have put in, but keeping really a very important message and a very important balance of our public health needs with our economic. And I'm just going to read short portion. In closing we appreciate the thought you've put in developing the essential indicators for modifying the stay at home order that will allow residents to return to work as soon as possible.
While continuing to protect the collective public health of our state and our healthcare system, our county's ability to successfully work in alignment with your framework. And do alleviate the severe economic and social consequences that will worsen as each month goes by are dependent on new resources from the state and federal government. I think that's a real balanced and important message and one that the board can unify on.
We want public health to be protected. We also don't want people to lose jobs and perpetuate deepening poverty. Thank you,
I agree. Supervisor Hartman?
Thank you. Two points I'd like to make, the first is that it seems to me as far as reach and the economic reopening that we'll soon need to make a distinction between businesses that are essential and businesses that are safe to reopen. I think we've learned a lot in these practices about how to operate safely even at grocery stores with the six feet and the masks and wiping things off.
Just for Supervisor Lavinino, my dog is going to the vet today. It's going in a crate. We call, come get the dog, bring it in for the treatment, take it out, we can pick it up again. So I think that would work for grooming. I think there are a lot of things we've learned in grocery stores that would work for other retail stores. I know feed stores in the San Ynez Valley are open. I don't know why those same practices couldn't be applied with plexiglass and So I think it's as soon as we can, if you can operate safely. I think that would be very important. I'd also like to propose that I know a lot of cities are waiving TOT for hotels, motels and short-term rentals, homestays. I wonder if we might consider doing that waiving fees and delaying until the end of June?
We typically collect that monthly. I don't think it would really hurt us in terms of our county system and so that might provide some relief. A number of cities have done it. So like to propose that if other board members might support
1:57 – 2:0119 turns
Any other comments from other board members?
Well, first of all I didn't think that was on the agenda today. Is that a proper thing to comment on? Mr.
Guzzani? Ms. Miyasato?
Supervisors, on the agenda we have provide direction. So you could provide direction and we could either come back or take action as an emergency services director.
And chair and supervisors, CEO did check with me and I assured her that we were within the Brown Act noticing requirements with this letter.
Thank you.
Okay, so I'll comment on the TOT. I'm not in favor of that because we collect that or hotels collect that on our behalf from patrons who think they're paying taxes And know they're paying taxes and if we don't collect those taxes up front, and we effectively make a no interest loan to businesses at taxpayer expense. I don't think that that's I don't think that's kosher. And then my other comment was this lives versus money debate that keeps coming up in this issue here, it's just a false dichotomy.
There's going to be some lives lost in either case. And as Supervisor Williams said, poverty kills too. A couple of things that are going to go up are domestic violence and suicides and those are lives that have nothing to do necessarily with COVID. And there's other assorted mayhems that will ensue because we've shut off this economy. So I think that I would love to stop hearing about this lives versus money stuff, cuz it's really not a reality.
Thank you. Are there any other comments from the board? All right, well thank you all for making this presentation possible and covering a lot of territory. We do need a motion I think in regards to the letter. Is there a motion to Supervisor Williams?
I'll move approval of the Miyasato draft of the letter and transmission to the governor and state legislators.
Is there a
second? Second Supervisor Adams, Supervisor Lavinino. Madam Clerk would you please call the roll?
Yes thank you Chair Hart members of the board just to clarify that does include recommendations A through C on staff's agenda today.
That is correct.
Thank you Ms. Hartman aye Mr. Adam
reluctantly I
Mr. Lavinino
aye
Mr Williams aye Chair Hart aye motion passes unanimously
Comments and additions to the conversation. Excuse me, did you have some? Okay. Let's take a ten minute break and then come back at 1115.
2:05 – 2:051 turns
Yeah. Hey.
2:13 – 2:172 turns
Hi. The Board of Supervisors meeting and
the next item is department item number two. And I believe the clerk has an announcement to make regarding this item.
2:17 – 2:2227 turns
Yes, thank you Chair Hart, members of the board. Departmental Item Number Two is from Public Health. It is a hearing to consider recommendations regarding an ordinance increasing emergency medical services EMS agency fees for emergency medical technician EMT certification, EMT recertification and paramedic accreditation. And as previously announced In the beginning of our hearing this morning, we received a request from the department to continue this item to our May 5th 2020 agenda. And if we can get a motion from the board on that.
Thank you Madam Clerk are there any requests to speak on the continuance?
Chair Hart and members of the board we have no requests to speak on this
item. Okay and then is there a motion to continue this item?
So moved.
Motion's been made and seconded. Roll call please
Ms. Hartman? Aye Mr. Adam?
Aye
Mr. Lavinino?
Aye
Mr. Williams?
Aye
Chair Hart?
Aye
Motion passes unanimously
And at this time I'd now like to go to department item 4 out of order because the clerk has an announcement to make regarding this item
Thank you chair Hart and members of the board Departmental item number four is from planning and development. It is a hearing to consider recommendations regarding Santa Rita Valley Ag Inc Cannabis Cultivation Appeal, case number 19 APL 32 and this is in the third district. And on Friday April 17th we posted an addendum to the agenda withdrawing this item at the request of the applicant however on Monday April 20th We received a memo from The Planning and Development Department addressing an additional request by the applicant to rescind the withdrawal request, and proceed with application for a land use permit. Therefore, the department is now requesting that this item be continued to the May 5th 2020 agenda. I would also like to note for the record that all of the previously mentioned documents and memos have been distributed to the board and made available online to the public.
Thank you Madam Clerk. Are there any public requests to speak on the continuous?
Chair Hart and members of the board, I don't have any public requests to speak on the continuance. But I do have the applicant and the appellants available through Zoom if they have any comments on this continuance.
Okay. And do either the appellant or the applicants have any comments they'd like to make before the board considers the continuance?
Yes.
Okay, please go ahead. Can you hear me? Yes we can, thank you. If you just
identify yourself
and then go right ahead.
Absolutely. Good afternoon Chair Hart and members of the Board of Supervisors. My name is Linda Ash and I am here as a representative for Santa Rita Valley Ag in support of its request for the reinstatement of its permit application and requests for continuance to May 5th. On behalf of myself and Santa Rita Valley Ag, we would like to thank your board and the staff at the Planning and Development Department, Clerk of the Board and other agencies as they have helped us navigate this process.
Santa Rita Valley Ag has faced a number of obstacles in getting here today, from the uncertainty facing all of us in a turbulent economy to the ongoing issues with Mr. Pence. But despite these obstacles, Santa Rita Valley Ag has secured solid financing and is eager to get its permit and do its part to move the Santa Barbara economy in a positive direction. We appreciate your consideration and look forward to moving ahead with our application. Thank you very much.
Thank you, Ms. Ashe. Any comments from the appellant about the continuance? Mr.
Chair? Yes sir. Thank you. Mr. Chair this is Mark Chatillo I'm here on behalf of the Appellant Blair Pence and the Pence Winery we have attempted to work as good neighbors to resolve the deep conflicts from This large uncontrolled cannabis grow and others along in the Santa Rita ABA. We thought that we had an agreement and a resolution of this matter, a letter from the corporation withdrawing their application. Now they're seeking to bring it forward and asking it to be rescheduled in May.
We're not sure if this is bait-and-switch or whack-a-mole. But either way we're finding it very unprofessional and disrespectful both of the community as well as the county and its staff. We are unsure who the applicant is, and from that we are unclear whether a resubmittal of the application is necessary. However, remain convinced that this proposed site for the cannabis grow that's been proposed will lead to protracted conflicts with surrounding agriculture. And it's simply not appropriate for cannabis at this site.
So we will continue to oppose this project and we'll ask the board to deny the project at the proposed rescheduled hearing date of May 5th. Thank you Mr. Chair and members of the board.
2:22 – 2:4238 turns
All right, any comments from the board? Is there a motion? I
move continuance.
Second. Motion's been made and seconded. Any discussion? Roll call please. Mr. Guzzone. Chair, I
think it would help for noticing if we just had the date as part of the motion.
Okay, and that is to May 5th 2020. Yeah. Okay,
roll call please.
Ms. Hartman? Aye. Mr. Adam?
Aye
Mr. Lavinino?
Aye
Mr. Williams? Aye Chair Hart?
Aye
Motion passes unanimously
Thank you Now we're on to departmental item number three would the clerk please read that item into the record
Yes, Chair Hart and members of the board. Departmental item number three is from planning and development. It is a hearing to consider recommendations regarding Santa Barbara West Coast Farms LLC Cannabis Cultivation Appeal case number 19APL36. And this is in the third district. I would also like to note for the record we did receive a number of documents After our 12 noon deadline on Friday, April 17th. And I'm going to read those now into the record. We received a public comment from David LaFond on Monday, April 20th and additional public comment from Diane Pence on Monday, April 20th.
Excuse me? I don't know if you guys are getting the sound down there in Santa Barbara but I think we're still logged onto the Zoom call.
Okay, thank you Supervisor Atta. We'll try and fix that.
Excuse me. And additionally we received a public comment from Diane Pence on Friday April 17th and last we received a PowerPoint from Mark Shatillo on Monday April 20th. And if we could just have a motion from the board to receive and accept those into the record today?
Is there a motion to accept the additional information?
So moved.
Motion's been made, is there a second? Second. Roll call please.
Ms. Hartman? Aye. Mr. Adam?
Aye
Mr. Lavinino?
Aye
Mr. Williams?
Aye
Chair Hart? Aye Motion passes unanimously
Miss Plowman, would you like to introduce this item?
Mr. Chair and members of the board, today's item is an appeal of a decision by the Planning Commission on the West Coast application to deny the permit. The applicants appealed this to the Board of Supervisors. The applicants appealed this to the Board of Supervisors. My
apologies Chair Hart, members of the board for the members that are on Zoom can you please mute all other devices on your end and then I can go ahead and unmute you to be a part of this item we're just getting some feedback from a few members thank you
I have Catherine Lair here, a new supervising planner in our department to present the case.
Just one second, sorry.
Chair Hart and members of the board, I'm just going to call out Barry Capello. You are unmuted and I believe you have a device on your end. Great thank you and Barry if you could just mute all other devices since we are going to unmute everyone for this item. Thank you.
Mr. Capello, you have to mute your computer. Thank you. Ms. Plowman, let's try again.
And we have Mr. Clemon here from Long Range Planning who is helping with the cannabis permits here to make the presentation today. So with that I'll turn it over to Ms. Laird.
Thank you, Ms. Laird. Welcome.
Thank you, Mr. Chair and Supervisors. I will be presenting on the Applicant's Appeal of the Planning Commission's Denial of the West Coast Cannabis Cultivation Project Case Numbers 19-APL36 and 19-LUP64 So here the board sees a vicinity map. The yellow shape file outlines the parcel boundaries. Access to the parcel is taken directly from Highway 246, the San Ynez River is located directly to the south of the subject parcel and Buellton is approximately 1.2 miles east of the subject parcel. Santa Rita Valley Ag, what was going to be considered as item number four is located over 1,000 feet to the west of the project site. And Busy Bee Organics, a project that the board approved on March 17th is located just over half a mile east of the proposed project site.
Given the appeal of the commission's decision and the fact that your board's decision on this application is de novo, the applicant has revised their project and is now proposing the following description. The proposed project is located on a 73 acre parcel zoned Ag 2. This parcel has been historically under agricultural production. As proposed, the project is for just over 46 acres of outdoor cultivation Four acres of nursery area and processing structures. These two processing structures are approximately 3,000 square feet each and include bathrooms, restrooms, and cannabis storage and processing areas.
As noted before access to the subject parcel is provided directly from Highway 246. The proposed project includes ten full-time staff, an additional 20 staff up to 20 staff during harvest. And all cannabis products grown on site will be processed on site for this project. Cannabis processing includes harvesting of the plant, moving all the product to a designated area and flash freezing upon harvest. The cannabis project will then be transported offsite to facility for further processing.
On April 26th, the director approved the land use permit application case number 19LUP64 which included approximately 50 acres of cannabis cultivation. On May 6th, Mr. Blair Pence filed a timely appeal to the planning commission. The project was initially scheduled to go before the planning commission in August however at the hearing the applicant requested that continuance during this time the applicant revised their project description to include a reduction lighting from the initially approved projects and increase in staffing decrease in operational hours and reduction in the height of their fence. The Planning Commission heard the project on November 6th And determined that the project was inconsistent with the goals, policies of the comprehensive plan.
The San Ynez Valley Community Plan and directed staff to prepare findings for denial accordingly. On December 4th, a planning commission found that the proposed project was inconsistent with the various goals and policies of the comprehensive plan and San Ynez Valley Community Plan and denied the project. On December 12th, the applicant Santa Barbara West Coast Farms LLC filed a timely appeal case number 19 APL 36 of the Planning Commission's denial of the project to your board.
This is a color-coded site plan of the subject parcel. As shown in the previous slide, the yellow depicts the parcel boundaries. The orange area that you see that takes up the majority of the parcel is the proposed cannabis cultivation areas. The northwestern portion here is proposed as the nursery. The green lines here denote the proposed landscaping along Highway 246.
These two purple squares identify the proposed ag structures for processing and office and restrooms, and the red line here that somewhat bisects a parcel is the proposed odor mitigation system. And last but not least, the two blue arrows identify these site entrances. So the appellant raised four primary appeal issues. The appellant asserts that the proposed project is consistent with applicable county goals and policies and regulations, specifically related to aesthetics, agriculture, and odor.
The applicant contends that the planning commission was inconsistent in its analysis when reviewing two similar Similarly situated projects within proximity to the proposed project. The applicant asserts that the denial was in part based on the planning commission's approval of two other projects and the potential for cumulative impacts, and the applicant states that based on an economic research, the cannabis industry will have a positive economic impact for the county.
I will proceed to go over each of these appeal issues in further detail. Appeal issue one, specifically aesthetics and visual. So the planning commission found that the proposed landscaping would alter the character of the agricultural expanse along Highway 246 since most of the properties are not currently landscaped. The planning commission also concluded that the proposed landscaping could obstruct views at the scenic areas along Highway 246 which included open areas in the surrounding mountainous terrain.
In their appeal, the applicant asserts that the proposed project would actually be compatible with a proposed visual and aesthetic characteristics of the San Ynez Valley because it would consist of green crops bordered by native landscaping similar to other nearby farms and vineyards. The landscaping would be located on the northern property line adjacent to Highway 246 and along portions of the east and west property lines closest to Highway 246, thereby screening the proposed cannabis activities.
So as far as staff's response goes, the applicant prepared an adequate landscape and screening plan as required by our ordinance. The landscape and screening plan would screen all cultivation activities including structures to the maximum extent feasible to avoid these activities and proposed structures from being seen by the public from public places. Additionally, as noted in the board letter and staff's memorandum dated April 17th. The proposed project went before the Central Board of Architectural Review or CBAR in November and once again in December. The applicant incorporated CBAR comments and was ready to return for preliminary and final approval. However since the planning commission denied the project, CBAR ceased review of the project pending the outcome of this appeal.
Lastly, condition number eight of the land use permit included as attachment four requires that the project return and receive final approval from the CBAR. So appeal issue number one with a focus on agricultural resources. The planning commission determined that the proposed project has the potential to conflict The applicant contends that based upon the project's proposed operational methods, The proposed project is actually consistent with the county's agricultural element, including but not limited to policy 1B. The applicant asserts that policy 1B of the agricultural element expressively compels the county to recognize the applicants' rights of operation, freedom of choice as to methods of cultivation and the choice to grow cannabis.
So staff's response is that pesticide drift does not allow Under the rules set forth by the California Department of Pesticide Regulation, statewide the county's agricultural commissioner offices are tasked with investigating pesticide complaints and have the option of taking enforcement actions when violations occur. Additionally in county regulations cannabis cultivation is considered an agricultural use pursuant to the uniform rules and qualifies as agriculture Pursuant to the county's land use element and the Land Use and Development Code.
Appeal issue number one again, sub-issue odor. At the December 4th hearing the commission found that the proposed project in conjunction with nearby cannabis operations would result in significant malodors that could not be reduced by the proposed odor mitigation system and would be inconsistent with the San Ynez Valley community plan. The applicant contends that the proposed project is consistent with the San Ynez community plan because the odor abatement plan prepared for the project included all the required information. Furthermore, as part of the project, the applicant stated that they proposed to install the buyer's odor abatement system. This is an odor abatement system designed to neutralize odors and eliminate potential negative impacts on neighboring property owners.
Staff's response is that the project would be subject to conditions of approval, to require the applicant to retain an engineered or certified hygienist. To submit a written analysis of the vapor phase system to the planning director for review and demonstrate compliance with the San Ynez Valley Community Plan standard. Appeal issue number two. On November 6th, the Planning Commission determined that the proposed project would be incompatible with county goals, policies and regulations. And more specifically that the project would result in impacts to visual aesthetic and agricultural resources and odor.
The appellant and applicant assert that on November 6th, the same day the planning commission requested staff to return with findings for denial for this project. The planning commission also granted de novo approval of a project located a few parcels to the west. And the following day, the planning commission granted de novo approval to a project to the east. The applicant asserts that all three projects have numerous similarities including outdoor cannabis cultivation Landscaping along Highway 246 and perimeter fencing.
The applicant argues that despite these similarities, the commission acted inconsistently by approving these two projects and incorporating project-specific conditions meant to address aesthetics, odor, and agricultural resources while also denying this subject project. So staff's response is that the planning commission considered the merits of each And has the discretion to approve or deny a proposed project based on the evidence presented as part of the record. The proposed project is before your board today for de novo approval, based on evidence in the record and the testimony provided at today's hearing. Your board has the discretion to determine whether findings for approval or denial can be made.
The Planning Commission was concerned that the approval of several cannabis cultivation projects in close proximity to one another along Highway 246 could result in adverse cumulative impacts. The applicant asserts that the planning commission's denial of the proposed project was based, in part, by the commission's approval of these two other projects and the potential for cumulative impacts.
So staff's response is that the programmatic EIR prepared for the cannabis ordinance acknowledged that cumulative impacts resulting from cannabis activities would include potential changes to scenic resources and existing visual character, and noted that future cannabis cultivation would likely occur along Highway 246. Additionally, the programmatic EIR identified an unavoidably significant impact regarding odors.
The proposed project consists of an activity and the impacts of which were disclosed in the programmatic EIR. Although the programmatic EIR did not predict specific commercial cannabis applications on each property surrounding this site, the programmatic analysis was broad enough to account for this pattern of development in this area. Furthermore, the programmatic EIR identified the San Ynez Valley as one of the regions that would continue to experience cannabis development under the program. As such, the programmatic EIR analysis of impacts and cumulative impacts was accounted for.
Appeal issue number four, the applicant asserts that based on the University of California Santa Barbara's economic forecast project. A key consideration from the board should be the positive economic impact the cannabis will have on the county. Staff's response is that economic impacts are not a consideration in the comprehensive plan or our land use and development code or related to the issuance of permits.
Environmental review. The proposed project falls within the scope of the programmatic EIR, as noted on previous slides. There are no substantial changes or changed circumstances under which the proposed project is to be undertaken, as analyzed in the program EIR. No new significant environmental effects or a substantial increases in the severity of previously identified effects under the certified programmatic EIR would result from the proposed project. And there's no new information that the proposed project would have one or more significant effects not already discussed in a certified programmatic EIR. The analysis contained within the PEIR addresses the cumulative impacts that would be associated with the proposed project, and the PEIR also identifies mitigation measures that would mitigate these impacts to the extent feasible.
If the Board of Supervisors desires to affirm the Planning Commission's denial and finds that the revised project is inconsistent with county requirements, staff recommends that the board take the following actions shown on this slide. Deny the appeal, make the required findings including CEQA findings for denial of the revised project, determine that the denial of the revised project is exempt from CEQAs pursuant Alternatively, if your board decides to uphold the appeal, reverse the Planning Commission's denial and approve the revised project Under case number 19 LEP 64, staff recommends that the board take the following actions. Uphold the appeal, make the required findings including CEQA findings for approval of the revised project, determine that the previously certified programmatic EIR constitutes adequate environmental review.
And grant NOVO approval of the revised project, case number 19LUP64 subject to the conditions of approval. This concludes my presentation and I am happy to answer any questions.
2:43 – 2:5421 turns
Thank you Ms. Laird. Next we'll go to the appellant. Excuse me Mr. Guzzone.
Chair Herndt, I might have missed this but I don't think I heard the ex parte disclosures yet just so that both parties have an opportunity to comment on those if there are any substantive disclosures?
Yes, Supervisor Williams.
I have had ex-party discussions with Mr. Pence and with his attorney about the case.
Supervisor
Hartman. And I too have had communications with Mr. Shutilo and emails from Mr. Pence in a drive-by on March 11th to see the site and talk to the applicant.
Anybody in Santa Maria?
Yeah, I had a site visit with Kayvon and my staff has spoken with Mr. Pence an early long time ago. I had a tour at the Pence Winery and Vineyard
I also have had a long ago site visit at the Pence Winery. And then, it's had to have been two or three months ago that I visited the proposed site with Kayvon. Since then, I've had email correspondence with Mr. Pence and a phone call with the applicant, or the appellant in this case, or whoever West Coast Farms. I've had a phone call with West Coast Farms.
Thank you. Supervisor Williams?
I just want to add that I also did tours of both sites in the past.
And I did a site visit as well with the applicants on March 6th and then met with, just this past Monday, yesterday I guess, with Mr. Ciotillo to talk about the project on the phone. Alright, with that we are ready to proceed to the applicant. And you will have 10 minutes for your presentation. I imagine you're trying to unmute yourself to get us back in the game, and so we'll give you a couple moments.
Good morning. I've unmuted. This is Larry Conlon. I'm going to start the presentation. But we did submit a PowerPoint that we'd like to walk through this morning.
OK, and we do have that up on the screen. So thank you.
Thank you. So I'll begin. Chair Hart, members of the Board, good morning and thank you for hearing from us today about this excellent and model project. I'm Larry Conlin. I and my partner Barry Capello represent West Coast Farms and we will be presenting this morning along with Greg Wolfe from York Engineering and West Coast Farms Principal Kayvon Bagby. Next slide to start I want Walk through some of the key merits of this farm. First of all, West Coast Farms followed all of the rules.
It has designed border landscaping that meets the goals of the ordinance blends with nearby properties and the community. It's got as you'll see winery inspired architecture that is in harmony with Santa Ynez Valley and the community plan. It has proposed 100 foot buffers from the parcel border to the beginning of the crop grow area. There are no hoops on the property, there will be no drying on the property and it's got as you will see later in the presentation a state-of-the-art tier one odor abatement system and monitor.
Next slide please. There has been no prior cannabis cultivation on the property and so with this project in particular there are no contentious legal nonconforming issues to deal with There have been no violations on the property. It is water efficient with crops and the landscaping, West Coast Farms is a very good neighbor and has been doing extensive community outreach. The only nearby resident who we are aware of who is opposed to the project is Mr. And Mrs. Pence.
Next slide please. As you can see, the project is almost two miles from the city of Buellton it's west of Busy Bee We understand that the City of Buellton does not oppose this project. And we believe that it's completely in character with the rural surroundings of that immediate area. Next slide, please. The project has already had thoughtful and careful review. The Planning Department approved and defended it several times. The Central Board of Review has reviewed it and they'll still be pending no major changes.
The project is subject to final approval from that board. APAC has approved, and there have also been other agency approvals by the Water Quality Control Board as well as CDFW. The economics of the cannabis industry in general in the county and this particular project are important. I attached to my letter from last Friday The preliminary economic impact study from UCSB, which I think is an important consideration because it shows hundreds of millions of dollars in direct and indirect economic benefit from cannabis in this county. And all of that means more tax revenue for the county as well as more economic prosperity for the community.
Next slide please. Finally, provides that when a land use permit application is fully compliant with the ordinance and the relevant community plans, it should be approved without conditions. The property is not adjacent to an EDRN. There are no real odor issues that have been raised that are backed by science. All potential accumulative impacts have already been considered as part of the PEIR And DeNovo review, and we hope in this case approval of the project should be based on facts and science and engineering. Not fear, not speculation, not bias, and not arbitrary and unequal treatment among similar projects.
Mr. Wolfe is going to take it from there.
Thank
you,
Mr.
Collin. Good morning, Mr Chair, members of the board. My name is Greg Wolfe. I'm a principal scientist with York Engineering North provides regulatory compliance and environmental engineering support to hundreds of facilities throughout California every year. We work closely with West Coast Farms in developing what we believe to be an effective and efficient odor abatement plan that will prevent odor nuisance from this project site. Next slide, please.
One of the key elements of this plan was a placement of a vapor-phased odor control system along... The next slide, please? I'm sorry, can you hear me?
Yes we can hear you and I think we did advance the slide.
There we go. It should be a picture there you go. One of the key elements of this plan was the placement of a vapor phased odor control system along the north and eastern borders of the property locating the vapor lines closer to the grow area for the prevailing wind flows By placing the vapor dispersal directly downwind of the grow area. This maximizes the contact and reaction potential with the odor neutralizing agent and results in a higher absorption.
Next slide, please. The location of the system was developed after evaluating third-party air modeling performed by CESPI Consulting, which evaluated wind data patterns during the growth season along with terrain and property specific site characteristics. We confirmed the CESPI findings and that analysis along with our own understanding of terrain influences helped inform our placement of vapor lines along the northern eastern boundaries.
Next slide please. In addition, York has been brought on to do active site monitoring once the project begins cultivation. These are some examples of the types of equipment that we use in the field. This is something that we've used before at many other facilities including landfills, wastewater treatment systems, rendering plants and cannabis. Next slide please.
Finally a key element to why we believe this project will not create any odor nuisance is the method of cultivation which West Coast is proposing. This site proposes no on-site drying, which typically is a source of odor but simply flash freezing bagging and shipping. For these reasons York Engineering and I am confident that odor nuisance will not be an issue for this project as proposed.
And with this, I'll turn it over to Mr. Bagby
Good morning, Chair Hart, honorable members of the board. My name is Kayvon Bagby and I would like to start off by thanking you for your time here today regarding our project. A project that is currently over two and a half years in the making. Since starting this project and acquiring the property it's been our goal to design something that's beautiful and something that blends in seamlessly with its surroundings.
Next slide please. To do that, we brought on internationally renowned architect. Next slide please. Who is actually renowned for the design of several wineries in the Santa Barbara and more specifically the San Ynez area. Next slide please. They've designed everything from the Purskeel Winery in Santa Maria, next slide. To the Peak Ranch Winery just down the street from us in Buellton, next slide.
For the construction of our project we brought on the same developer as the Peak Ranch, Burke Steele, next slide. And in his letter addressed to the board, he characterizes several other projects that he's done in the San Yanez Valley in the recent years. Next slide. And as he stated in his letter, he believes that these two ag support structures that we are proposing are the most beautiful of any of the ag support structures he's ever constructed in the valley. Next slide.
This attention to detail was carried on outward to the gate. Next slide. As well as the landscaping. For the landscaping element of our project, we brought on a locally renowned landscape architect, Planair Design Group. Next slide. Planair Design Group is actually the landscape architect of choice for several county projects including the Briar Creek Park and Lompoc. Next slide to the Stork Field at UC Santa Barbara.
Next slide. Can you play that video please?
2:54 – 3:0020 turns
The video does not appear to be hooked up.
I don't know that we're going to be able
to do that, Mr. Begley. Why don't you just go ahead and
Chair Hart, members of the board. It appears the video is not working on our end so we might need to just move forward.
Mr Bagby can you hear that? That we are having technical difficulties with the video? I'm having
trouble hearing anything. Can you hear me?
We can hear you. Sorry you can't hear us. Let's see... We've paused your time,
so let's see if we can... Now I can hear you.
Okay. Unfortunately we're having some technical difficulties with the video. It isn't loading. We're working on that right now and we may just have to go forward with your presentation without the video.
It appears we have your presentation in a PDF form, which is why that's not working. So I am looking now to see if there is an additional version.
Yeah, I'd also send the PowerPoint version.
Okay, why don't you go ahead and if we are able to get that, do you have rebuttal time or not really actually given that we don't have an appellant. Do we have rebuttal time? Okay so we will have time for rebuttal then you could show the video then if that is acceptable to
you. Sure. We can go into the next slide. That's not a problem.
All right. We'll start the clock again and then if you just continue thank you.
Sure, well what that video was showing the view of what Highway 246 will look like when traveling past the property. In his letter addressed to your board Kevin Smalls the landscape architect for the project next slide please. Details his very thoughtful approach that he took to creating this landscaping plan. Through the use of native trees and assortment of shrubs and trees that you would find traveling down Highway 246 in native areas, he has created what he believes to be a project that is compatible with the surrounding area.
What's very important to note is that Kevin Smalls actually sits on the North County Board of Architectural Review, and then he's very familiar with the San Yanez Community Plan guidelines regarding the architectural elements as well as the comprehensive plan guidelines for this particular project. And as he states again, he believes that this project has been designed in a way that allows for it to be compatible.
Next slide please. With that being said, I would like to thank you all again for your time here today. Again we've been working on this project for going on two plus years in the making. We've followed every rule as set forth by your board and we ask that you please uphold our appeal and allow us the opportunity to grow with this promising industry. Thank you.
Thank you, Mister Bagby. We will reserve your minute and 25 seconds to go with your five-minute rebuttal and do our best to get the video for the next phase of the hearing. At this time we will go... Actually are there any questions for staff or the applicants? Supervisor
Williams. So I was a little bit unclear because I think it very much relates to the question of visual impacts whether we Are certain that the project does not include coops or an element of hoops, is it outdoor-outdoor? Because we sometimes use that terminology imprecise. Some outdoor means with hoops, some outdoor without hoops and I think that probably bears on the question of visual aesthetics.
Supervisor Williams through the chair, the project is not proposing hoops. There are no hoops written in the project description or provided in these site plans. Therefore if our permit compliance folks go out and find hoops that is a violation of their land use permit and they would be requested to remove those hoops
And then I would like to understand How far set back is the applicant proposing? Because I saw in the slide presentation that it would be at least 1,500 feet from grapes or crops and I wanted to substantiate that in some way. What is the site plan proximity from their property line?
Supervisor Williams through the chair, as you can see on this site plan it's focused on the subject parcel. But there are some buffers between the edge of the parcel boundaries and the cannabis cultivation itself. Based on the applicant's presentation they're asserting that the closest farm or agricultural land is over 1,000 feet from any proposed cannabis cultivation.
3:00 – 3:0719 turns
Thank you.
Any other questions for the staff or applicants? Santa Maria, are there any questions? Okay.
Supervisor Hartman did you have a question? Just a question that you may not have the answer to but I hope you could get the answer and that is how many proposed acres of cannabis cultivation on that corridor, the 246 corridor?
Supervisor Hartman through the chair. I will look into that and get back to you
Thank you Okay at this time we'll then go to public comments, and we have I think it last Tabulation we have 29 letters that have been submitted by email and then 15 calls now clerk Do you want to start with the letters or the cause
yes chair heart and members of the board? We had a few tweaks And we have a total of 43 requests to speak on this item today with 28 letters to be read into the record and 15 requests to speak by phone. And we are going to actually tag team it today and switch off with letter and call, and I am going to begin with Natasha reading a letter into the record.
Mr. Chair?
Yes, Supervisor Lavenino.
I'm sorry go right ahead.
That's okay. Aren't we gonna hear from Mr. Pence and Mr. Schatilla? What's the order?
This project was not appealed because it was denied by the Planning Commission. So we will hear from Mr. Pence and his folks during public comment. Thank
you. During public comment?
Yes,
thank you so much.
Yes, thank you Chair Hart and members of the board I'm going to turn it over to Natasha.
Chair Hart and members of the board we will now go to a letter from Bruce Steele. Our farm, Winfield Farm directly abuts the eastern property line of West Coast Farms. Our farm doesn't use herbicides or pesticides. Although cannabis does smell it is far better than being downwind from pesticide drift and waft. Cannabis operations should be cited where adjoining properties and farm operations don't use pesticides. None of the farm operations currently surrounding West Coast Farms use pesticides and four lanes of Highway 246 separate it from pesticides and conventional farming operations.
In the planning process, tax revenues weren't part of the discussion but in current conditions I think the tax revenues of a diversified agricultural economy that includes cannabis are a benefit to our county and not a detraction. Thank you.
Chair Hart, members of the board we'll now go to Mark Shatillo.
Good afternoon members of the board I'm Mark Shatillo on behalf of Blair Pence and the Pence Winery. We have a PowerPoint with a blue slide I'd like up. We were the appellants below and I am speaking however as a member of the public today there will be four of us providing testimony The Pence Winery is directly across the street from this project and we asked your board to uphold the PC's action and deny the project.
The project is excessive for this site, 50 acres on a 73 acre parcel equates to 68% of this site. Busy Bee was 35%, the Planning Commission had approved a 30% site coverage. That was one of the reasons why the Planning Commission denied this project as they saw it. A second issue is the vague project description which will thwart future enforcement. For example, the project description does not fully establish that there will be no off-site product that will be processed or distributed from the site. Or does it exclude the use of hoops? The staff has said if hoops are found they would have to be removed However, if they are exempt under the Hoophouse Ordinance there would not be a basis for this. So it's a continuing problem that we have seen with a number of cannabis applications where a vague project description and then an unlimited term for the permit create significant difficulties for the public and surrounding neighbors to be able to enforce these permits and the applicants find themselves with strong arguments that they have vested rights to continue using the project as initially approved in this vague and incomprehensible sometimes manner.
The other significant issue is the excessive number of pros in the Santa Rita Valley ABA, and the threat of the loss of the most valuable wine producing district in Santa Barbara County. It takes a decade or more to set up these wineries with the vineyards and to pull the rug out from those wineries at this point and propose a obviously incompatible agricultural monitor crop in the area creates a significant problem for these existing wineries. And then lastly, there's significant changes to the visual character was important factor for the Planning Commission determining to deny this project, particularly in consideration of the other groves on Highway 246.
Finally, the odor plan is aptly inadequate and it will result in the uncontrolled drift of ECOBSOR, the odor control reagent onto the Penns' winery. Under the authority of the case of Dory v. County of Ventura, the Board has ample authority to deny this project. Mere compliance with the zoning ordinance does not prevent denial of the project. The applicant's attorney stated that there was no EDRN and in fact, there is an adjacent EDRN kitty corner to the project.
The odor plans problems stem from the fact that there is no reliable site data indicating wind direction and wind speed. So after you hear from the next letter, you're going to hear from Dr. Underwood A meteorologist to explain how the meteorological data that was used synthesized from two off-site locations doesn't suffice to be able to inform the odor plant to be effective and for that odor plant not have adverse impacts on surrounding agricultural uses.
Thank you, Mr. Chateau.
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Chair Hart, members of the board we will now go to a letter from Lillian Clary. There is no justification for the massive concentration of cannabis operations on the 246 corridor in areas adjacent to Bealton. The issue of incompatibility with existing agriculture should be a stop sign for these two sites. Vintners were here first. They made huge investments in land, hired large numbers of employees and established this county as one of the premier locations for wine grapes in this state.
Now they have to fight to protect their livelihoods from greedy cannabis operators who are using terroir to market their products. Well, guess what? Wine grapes are grown in the ground exposed to our natural climate. Cannabis is growing in potting soil and hoop houses with water often trucked in from other sites. Fintners are not illegally grading land or operating hazardous processing labs. They are paying taxes. The county does not have to spend huge amounts of tax revenue on investigating their businesses to make sure they are complying with land use and business license requirements.
Finally, cannabis tax revenue is not going to save our county from the effects of the coronavirus recession. Did anyone note that CNN today On 4-17, 2020 reports that the massive Canadian cannabis firm Canopy Growth is cutting back operations and laying off staff. Thank you.
Thank you.
Chair Hart, members of board we will now go to Dr. Ken Underwood on the phone.
Mr. Chairman and members of the board thank you for accepting my comments today. I've been retained by the law office of Mark Titillo to provide comments on the meteorological data used for the odor study submitted by CESB Consulting as part of their Odor Abatement Plan for West Coast Farm. I'm a Ph.D. meteorologist with a specialty in atmospheric bondular dynamics and thermodynamics. I have over 40 years' experience in commercial, research and academic communities.
I am a member of the American Meteorological Society A certified and a certified consulting meteorologist. My comments are based on the two-step deodor monitoring memorandum dated 5 August 2019 and 4 November 2019. The report includes a model study of odor impacts on the Pence Vineyard, which is approximately one third of a mile to the northwest of the proposed West Coast Farm.
Because there is no local frequency and direction data, the odor analysis utilized synthetic or model-derived dataset as the basis for odor impacts. The models used the following data sources. The ASOS wind data obtained from the Santa Maria ASOS Center is about 33 miles north of the proposed West Coast facility. The Vandenberg Upper Air Atmospheric Foundation is about 30 miles to the northwest of the proposed West Coast facility.
Coupled with that, I've also used the USGS terrain and surface moisture data introduced at train adjustments for the Buellton area. The other model is used to estimate the impact on the Penn Stingray and other nearby properties. These distances from the West Coast farm are on the order of one-third to one half of a mile. The model uses the USGS data and the upper air data to enable the older model to attempt to synthesize wind data locally.
I will reiterate, the upper air data is measured at Vandenberg Air Force Base but it's measured twice a day, once at 0-Z or 4 p.m. in the afternoon of the previous day and 12-C or 4 a.m., of the same day. Measurement times are during the fairly uninteresting periods for atmospheric pollution measurement. To cover the other times of the day, the upper air flow used by the model is time interpolated to perform the estimate.
The odor model uses surface data from 30 miles to the north available for each hour and the upper air data 30 miles to the northwest available twice a day for the terrain odor prediction. Model wind data set is to compare the actual wind growth measured within the vicinity of the West Coast border and synthetic model data as summarized by the wind growth submitted with the odor study.
We'll move forward to the wind growth comparison slide submitted by Mr. Patello. Because of the complex terrain in the canyon flow, surface winds from the Santa Maria site add little information to the dispersion model for the odor estimate. Upper-air data from the Vandenberg Air Force Base Pool becomes the fundamental data on which the local wind rose and synthesized. The model assumes the upper air data is less influenced by the terrain, and as such, the upper air data can be extrapolated downward through the surface and adjusted by the terrain effect. The downward extrapolation of the upper air winds is based on parameterized empirical estimates The wind was submitted by West Coast Farms shows the predominantly northwest flow. See those comparison left figure.
Tonight, the upper air flow decoupled from and therefore not related to the surface wind.
Mr. Underwood?
... with the model parameterization linking to the upper air as much as possible. As a result...
Mr. Underwood can you hear me?
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Dr. Underwood was
more than a minute past his time so I have to ask folks to be succinct and please respect the
Three minute time limit. Next public comment?
Chair Hart, members of the board we will now go to a letter from Rick and Aurora Grimm Dear Supervisors, we are writing in support of the appeals of Blair Pence of the Santa Barbara West Coast and Santa Rita Valley Ag Cannabis Projects. Like many others our home and vineyard is adjacent to a proposed outdoor cannabis project and we are concerned about the impacts this project will have on our vineyards and livelihood.
Like Mr. Pence we are specifically concerned with land use conflicts associated with pesticide drift, terpene contamination of wine grapes and odor impacts to tasting rooms in the Santa Rita Hills AVA. We urge your board to carefully examine these two projects, to ensure compatibility with existing adjacent agriculture by reducing the scale and scope of the projects requiring setbacks and requiring odor abatement for both projects. Neither project is adequately setback if at all from their property lines.
Setbacks would potentially reduce land use conflicts Further, of the 23 projects proposed in the Santa Rita Hills AVA only three require odor abatement. The cumulative impact of the odor that emanates from 600 plus acres of cannabis in this concentrated area must be addressed starting with an odor abatement requirement for Santa Rita Valley Ag. To the extent any odor abatement systems are proposed that incorporate buyers essential oils must be found to not adversely impact the crops grown on nearby properties.
Thank you for that comment. And we will close public comment at this time. Anyone who is in line will be heard, but we won't take any additional public comment at this point.
Thank you and we will now go to Ms. Courtney Taylor on the line.
Good afternoon Chair Hart and Supervisors. This is Courtney Taylor, one of Blair-Penn's legal team members. I wanted to speak with you about the Williamson Act specifically. So as you know through the Williamson Act, a county contracts its landowners to restrict their land to ag uses in return taxpayers subsidize a portion of the landowners property taxes. State law defines which uses qualify for the tax subsidy and states which uses are qualifying and those must be commercial production of agricultural commodities.
Any use that is not production of an ag commodity is either prohibited or treated as a compatible use, considered allowed as supportive and secondary but it cannot be the primary use of the parcel. The county's implementing uniform rules currently allow cannabis on contracted parcels and treat it as an ag commodity not as a supportive compatible use. There are two legal issues with this treatment First, this scenario was not contemplated by the PEIR so the impacts of this treatment to legacy agriculture were not examined as required by CEQA.
Second, cannabis is not defined as an ag commodity under state law. The county cannot supersede state law including its statutory definition of ag commodities which can qualify for Williamson Act subsidies. State law makes it clear that cannabis is not defined as an ag commodity except in one limited context And that is in the Medicinal and Adult Use Cannabis Regulation Safety Act in the Business and Profession Code.
That statute specifically calls cannabis an ag commodity only for the purposes of that act, and not pursuant to any other section of state law including the government code. The Williamson Act is in the government code. We can also look at SB 527 which sought to clarify whether hemp and cannabis are agricultural commodities specifically under the Williamson Act. The 2018 Farm Bill classified hemp as an ag commodity. To conform with federal law, SB 527 added hemp as an ag commodity under the Williamson Act and expressly rejected a proposal to do the same with cannabis.
SB 527 instead confirmed that counties may treat cannabis as a compatible use only This permissive language was used to allow those counties that prefer to prohibit cannabis to make the determination. The use of shallowness context would have required counties to allow cannabis, and many do not want to. The clear implication is that cannabis is prohibited unless computed as a compatible use by express submission of cannabis to the definition of an ad commodity in these 2020 amendments to the Williamson Act and the stated limited scope for the treatment of cannabis For the purposes of the Medicinal and Adult Use Act, only the state's rejection of cannabis as an ag commodity and attendant production is clear. And the county cannot approve this project until it is treated as a compatible use and the impacts of this project on adjacent agricultural are addressed.
Thank you Ms. Taylor
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Chair Hart, members of the board. We will now go to a letter from Judith Stouffer. Santa Barbara Supervisors, I'm writing to urge you to uphold the Santa Barbara County Planning Commission's denial of the revised Santa Barbara West Coast Farms project for the following reasons. This project is located within the scope of the Santa Ynez Valley Community Plan and at both the western entrance to the Santa Ynez Valley and the eastern entrance to the Santa Rita AVA.
Besides negative visual impact on both, the proposed project is within the thermal inversion zone that holds odors and fire particles at ground level. This project is one of many cannabis applications submitted in this immediate vicinity that would create an industrial cannabis corridor west of Buelton that is incompatible with the San Ynez Valley community plan.
Clustering commercial cannabis operations at the gateway to the San Ynez was not covered by the PEIR and it is inconsistent with the CEQA premise that it is necessary to provide a high quality environment. That at all times is healthful and pleasing to the senses and intellect of man. In closing, please give serious consideration to this project's impact on A, agricultural activities on non-cannabis farms including the application of standard materials such as sprays to control pests in mildew. B, quality of agricultural products such as wine. And C, quality of life from odors that will affect residents, wineries, farm workers, and visitors to our region. Thank you for your consideration.
Thank you.
And we will now go to Ms. Anna Citrin on the line.
Good afternoon, Chair Hart and Supervisors. This is Anna Citrin with the Law Office of Mark Shatillo speaking today on behalf of Mr. Pence and the Pence Winery. I want to touch on an additional reason why this project should be denied Specifically, that it has not undergone adequate environmental review. Here the county relied on the program EIR for the Cannabis Ordinance which did not examine a number of key issues that arose after its certification including the Uniform Rules Amendment that Ms. Taylor just discussed whereas here the project may result in new or substantially more severe impacts due to changed circumstances or new information Additional project-level environmental review is required.
There are at least five new or substantially more severe impacts that were not examined in the PEIR that apply to this project, including the changed circumstances from the Uniform Rules Amendment labeling cannabis as a qualifying use on Williamson Act parcels causing severe agricultural conflicts with surrounding agriculture, the new impact of terpene taint on nearby wine grapes New and substantially more severe agricultural conflicts from pesticide migration, which threatens the viability of legacy agriculture near the project. Substantially more severe land use incompatibilities with adjacent agriculture including odors interfering with wine tasting both from this project and from the cumulative concentration of cannabis projects west of Builton in the Santa Rita ABA.
There is substantial evidence in the record supporting these impacts including Letters from experts, including the AAC, Grower Shippers Association, faculty at UC Davis and testimony of vintners and others directly affected by cannabis cultivation projects west of Builton including this project. To conclude, the Planning Commission carefully considered this project and determined that West Coast Large Grow exceeds the site capacity, conflicts with nearby vineyards and EDRN's and fails to conform to applicable provisions of the Comprehensive Plan, including the Agricultural Element and Santa Ynez Valley Community Plan visual resource protection policies. In addition, the odor plan is based on incorrect data and is unlikely to mitigate the odor impacts of this large outdoor grow.
These odors affect not only residential users but also interfere with wine tasting in the Santa Rita ABA. Moreover, the designation of cannabis cultivation As a qualifying use on Williamson Act parcels is contrary to state law and in this case results in new and increased agricultural conflicts. Finally, for reasons I explained at the start, the record does not support CEQA approval findings. Accordingly we ask that your board deny the appeal and deny the West Coast Cannabis Cultivation Project. Thank you very much and take care.
Chair Hart, members of the board we will now go to a letter from Nancy Emerson of We Watch. We Watch recommends that you deny West Coast Farms' appeal for the following reasons. One, the West Coast Farm's outdoor cultivation area of 50 acres is more than double the cultivated acreage of the site approved east of it. We question whether any abatement system can prevent damaging odor, either plant or alternative odor from system traveling to Buellton and intervening neighbors since prevailing winds blow west to east. The cumulative impact of odor due to the number of outdoor cultivation applications in this area of the San Ynez Valley must be considered.
Two, given the concerns and evidence presented by vineyard owners and the grower-shipper farmers about damage their crops from terpenes It is unfair to approve this project which risks damage to existing crops. Three, outdoor lighting has been improved but the remaining 16 foot poles despite fully shielded light fixtures will cause light trespass for the neighbors because of pole height. We recommend a maximum of 12 feet in any rural area.
Four, we support the arguments for denial presented by Mr. Chatillo and Ms. Taylor in their letters to the board.
Thank you.
3:25 – 3:3011 turns
We will now go to Mark Byers.
Thank you Chair Hart and Honorable Supervisors just a quick note that on the phone with me I have Dr. Laura Halpert of OMI Industries, the manufacturer of EcoSort. A document has been entered into the public record with regard to this project. Public comment item number three West Coast Farms authored by Mark Shatillo. While there are numerous inaccuracies in this public comment Pages 33 and 34 stand out once again as an egregious misstatement of basic chemistry, which attempts to lead the uninformed reader down a highly misguided path.
The following is the statement from page 33. Ecosorb that falls out and is deposited on soils is known to increase salinity levels. You'll notice that the word known is not footnoted nor supported with any data or studies. So apparently we can just say whatever we want without substantiation I won't take that path and instead provide provable and demonstrable facts.
The salinity level in Ecosorb CNB 107 is 250 parts per million in its liquid state, so just take a moment to digest that number. 250 parts per million is .00025. And when evaporated, that level drops significantly further because only a part of the active ingredients are actually volatilized. So now we're talking a number closer to 50 parts per million Our point 00005.
With that fact established, I have to address the other lack of chemistry knowledge embedded in this public comment because the reference to quote salinity levels in the context of agriculture is related to inorganic chemistry such as pH levels and acidity etc. So I'm certain that the opposition seized on one of my previous public comments, wherein I explained to the reactions that occur with terpenes and cannabis gases. And I indicated a typical organic reaction that results in the formation of water and an organic salt.
Notice I indicated an organic reaction not an inorganic reaction that the opposition is hanging its hat on. These are two significantly different things and the attempt to extrapolate the truly immeasurable quantity of organic salt to deposition in soil or onto grapes over 1,500 feet away is completely unsupported by science and by terpene drift studies conducted by two of the nation's leading experts in this field.
Lastly I would submit that the traffic up-and-down State Route 246 which is closer to Pence Winery than the proposed cultivation poses a significantly greater threat to any winery than the benign effects of both cannabis and EcoSorb. Thank you.
Thank you, Mr. Byers.
And I had a question for Hart.
Supervisor Hartman?
Yes. Have you used your system for outdoor cannabis cultivation? Do you have experience in this context?
Mr. Byers are you still there? Unfortunately, we'll have to call him back but we'll get him. Let's go to a letter in the meantime.
Chair Hart, members of the board, we will now go to Chair Hart and Honorable Supervisors, please give serious consideration to your Planning Commission's finding for denial of this project. This is one of many large-scale applications that will create an industrial scale cannabis corridor to the west of Builton that will threaten the quality of life and businesses of the part of the Santa Ynez Valley and Santa Rita in particular.
It is too early to know if cannabis can grow near other crops especially wine grapes without affecting the quality of grapes. Studies need to be done. Cannabis odor from this project will impact residents, farm workers, wineries, visitors and nearby agricultural operations. Cannabis projects were hastily approved in Carpinteria Valley, and look at the problems we now face.
It is apparent the best practices odor control may work in the laboratory but not in the real world. There's no hurry to approve such a large scale cannabis operation. There's a glut of both medical and recreational cannabis on the market. Profit is not near what investors projected. Apparently, many growers are not making enough to pay taxes. This region of California is a jewel and we need to make the best decisions to protect it. Thank you.
Thank you very much. Do we have Mr. Byers back on the phone? Yes, thank you. Mr. Byers can you hear us? Supervisor Hartman has a question for you.
Yes, my question is do you have real world experience using your system for outdoor cannabis odor control?
Yes we have so the closest analog is on other basically hoop structures which are as Supervisor Williams was sort of asking about earlier You know, those turn out to be effectively outdoor because odor flies pretty freely through them as opposed to a traditional greenhouse for instance. And so yes we do have examples of that that we've done as well in agriculture in general even hog farms for example.
3:30 – 3:357 turns
And where? So you've had experience using your system with hoops?
Yes.
And could you say where? Okay, thank you.
Another letter? Thank you.
Chair Hart, members of the board we will now go to a letter from Katie Grissini While COVID-19 was a threat we never saw coming, we have been sounding the alarms about the threat that unchecked cannabis planting presents to wine and other agricultural industries for years. Please listen to existing agricultural businesses and continue this appeal until the Planning Commission can make recommendations to fix the existing cannabis ordinance.
I'm not anti-cannabis, but I am extremely concerned that this project will move forward under an ordinance which clearly needs massive revisions. There are millions of acres in Santa Barbara County where cannabis could grow far from vineyards. However, that's not where the cannabis folks want to be. They want to be right next to vineyards. Why? I believe these operators want to piggyback off the decades of marketing our wine industry has done about our AVAs. The very thing that defines the quality of our wines. They want to market their cannabis as quote, grown right next to world class vineyards and notable ABAs so that they can charge more for their product without worrying if they are destroying our existing industry in the process.
It is not just vineyards with concerns. Grower associations from strawberries to vegetable row crops to citrus and avocado have concluded the current cannabis ordinance is not compatible With legacy agriculture. Further, I'm worried tourists who flock to our wine country will choose other destinations when they realize that skunk-like odors wafting from nearby cannabis farms are ruining their ability to taste and smell our wines. Please do not approve this project.
We will now go on the line with Blair Pence.
Mr. Chairman and board members, thank you for your time today. By now you've heard enough data on terpenes and drift to understand that we really don't know anywhere near enough to make a decision. That should be more than enough to slow down and not take any unnecessary risks. It would be grossly irresponsible and flagrantly detrimental to the wine industry In other words, legacy agriculture to do otherwise.
There is one thing we do know. Wineries cannot sell wine when the air smells like skunks and dumps. If the bio system works so well then why did those in Carpinteria who live right next door to such installations have some of the most worst complaints? Clearly there remains a problem and this technology developed for landfills has not proven itself effective so far in this particular application.
If it still doesn't work in a fully controlled and closed environment of the greenhouse, how can we possibly expect it to eradicate orders untested without hoops over a wide open with Diego Field? Please understand that these same people who are making these assurances about the virus system are the ones who covertly purchased and tested samples of our Pence wines from the 2017 vintage.
That is the year before the season when the illegal platform next door was actually operating. The intent was to deceive you into believing that those lines had been exposed to terpenes from that project and remained unaffected. To complete the deception, they sent the batteries to a lab they knew was not even capable of testing the requisite level of accuracy.
I know this because we wanted to test the 2018 lines, we researched the options and discovered it isn't yet possible to achieve the necessary protection thresholds with current equipment. The appellants have complained that I don't want to talk to them. That's because I've listened to them on multiple occasions, I've carefully reviewed their proposal and the deceptive nature of their expert opinions, and I understand their role objectives.
Based upon the foregoing, I see no productive reason to negotiate with them. By comparison, I have proactively participated in numerous lengthy meetings with multiple other applicants and even successfully negotiated a detailed term sheet with one of them before its partners reneged on the deal. With this particular applicant however, the basic threshold of legitimacy simply isn't there and I'm afraid that any information may obtain from such a meeting with me would simply be used for further deception.
I think this conclusion is similar to that of your planning commissioners We will now go to a letter from Peggy Briarton.
3:36 – 3:4210 turns
Chair Hart and Supervisors, your Planning Commission did what you asked. Their thoughtful deliberation led to denial of this project. Their findings concluded this project is in the western entrance San Ynez Valley within the San Ynez Valley Community Plan and the eastern entrance to the Santa Rita AVA. It will have a negative impact to visual resources on both.
This valley is formed by two mountain ranges and experiences thermal inversions that hold odors and fine particles at ground level. This is one of many cannabis applications in the immediate vicinity, creating an industrial cannabis corridor to the west of Buelton that will be inconsistent with the Santina's community plan and That it is necessary to provide a high quality environment that at all times is healthful and pleasing to the senses and intellect of man.
Commissioner Park stated in the Santa Rita AG hearing, the PEIR did not cover clustering around the gateway to the Santines Valley. This project will impact agricultural activities on non-cannabis farms, specifically application of standard materials. Sprays to control pests in mildew and standard practices such as plowing that kicks up dust. This impacts the long term viability of non cannabis farming which is protected in the ag element. I urge you to affirm the planning commission's denial of the Santa Barbara West Coast Farms Project.
Thank you. Why don't you just do another letter while we're getting teed up. Are you ready? Okay, excuse me.
All righty and now we will go to Renee O'Neill.
Hi. Good afternoon. My speech poem including this statement is 239 words and I wish to be allowed to complete it
Well, you're certainly welcome to in the time.
Denial of West Coast Farms. Short-term gains from cannabis are not worth destroying our county and long term proven gains from legacy ag. In honor of National Poetry Month I wrote this poem The Cannabis Rag Part 2 Three plus years of legal weed What have we gained as we proceed? Revenue? Ha! What a joke We watch it going up in smoke County made a travesty of regulating pot, we see. Most is spent on hearings and we don't see the hearing earnings doing the cannabis rag.
Growers keep on telling lies their affidavits verify. They claim to grow before 16, they lie about their profiting. This industry just poses threats to public health environment. Litigation now abounds, the cost of this is so profound. doing the cannabis rag. Unlike any other industry, pot farmers can grow continually, operate while licenses are reviewed, pay no taxes, loss in revenue, growers strike their feet in pleasure reaping profits beyond measure big bucks high stakes and this game for heaven's sakes move them out of sacred zones far from schools vineyards homes reduce the clustering effect Limit acreage and select a place where growers aren't relaxed but monitored, enforced intact.
Prohibit them in egg zones far away from our homes. Getting more furious we take this serious feeling the cannabis rage. Please deny this project and Follow the Planning Commissioner's recommendation, unlike you did with Busy B. We're so tired of fighting these people and we're not raking in big bucks over this industry. I have a formal written request into our county to get a report on how much money it's cost our county to go through this entire process since 2016. I've been at almost every meeting As opposed to how much money we're actually profiting. I bet it's not going to be very much different. Thank you for listening. Sorry, I didn't get to read my treaties poem to you this morning during public comment or my COVID-19 poem but I sent that in to you so enjoy.
Thank you.
Chair Hart, members of the Board, we will now go to a letter from Anna Carrillo. Please uphold the Planning Commission's denial of Santa Barbara West Coast Farms and deny the appeal of Santa Barbara West Coast Farms. Please support the Planning Commission decision denying this project because of the disturbance to visual and aesthetics resources enumerated in the San Ynez Valley Community Plan.
This is 50.12 acres, it's the largest industrial outdoor cannabis in this community plan. The Pence Tasting Room 500 feet distance Will be affected by the odor emanating from cannabis and create an unpleasant experience. The cumulative impact is huge, 23 other cannabis proposed projects with odor issues that will constitute a nuisance issue for wineries, tourists, and residents.
There are over 15 tasting rooms along Highway 246, Santa Rosa Road and Industrial Way. The essential oils in the airborne ecosorb will impact soil, grapes, tasting rooms and nearby residents. The pesticide drift and their effect on grapes and other agriculture make large scale cannabis incompatible. The proposed 5,000 vegetative screen will obstruct views of scenic areas, alter character of agricultural expanse in the San Ynez Valley.
If you do not uphold the Planning Commission's recommendation, then require a CUP and a three-year limit on this land use permit. And limit the amount of acreage on each site.
Thank you.
And we will now go to the phone with Lionel Neff.
3:42 – 3:495 turns
Good afternoon Chair Hart, Supervisors. My name is Lionel Neff. I am a Carpinteria resident and sit on the Board of Directors for the Santa Barbara Coalition for Responsible Cannabis. I'm here before you to present the coalition's position pertaining to West Coast. The coalition supports a responsible cannabis industry where neighbors act responsibly, are open about their plans and are willing to ensure they cause no harm to other neighbors.
Some projects are proposed in the wrong place and simply cannot be approved. Others may be in an acceptable location, but need extensive conditions following environmental review and public comment. Your Planning Commission spent considerable time examining three proposed roads along Highway 246. Two of these scaled back and added conditions to better fit in the community and to reduce or avoid conflicts with existing land uses and one they denied.
West Coast before you today is the one they denied. The Board of Supervisors should respect the work of the Planning Commission, and recognize that West Coast project is both in the wrong location and lacks adequate analysis or conditioning for approval. The proposed project will directly impact the adjacent EDRN and the Pence Winery We know from our experience in Carpinteria that so-called odor abatement systems only work part of the time, and at any given moment one may experience the smell of the ecosorb, the smell of the pot or some weird combinations.
Wineries are sited in specific locations with outdoor tasting rooms and bring tourists to the San Ynez Valley. Tasting rooms cannot function in surrounding land Uses are causing bad smells, even only occasionally. We ask that the board respect for your planning commission's decision and deny West Coast. Thank you.
Chair Hart, members of the board, we will now go to a letter from Derek McLeish and Susan Ashbrook. We are writing to express concern for the high concentration of commercial cannabis west of Buelton along Highway 246 in Santa Rita Hills. Don't ignore the cumulative impacts on our north county. Supervisors should fight to keep its scenic nature by limiting the number of acres of cannabis.
The wine industry has brought tourism that fills hotels, restaurants and local businesses. The most advanced odor control system does not eliminate odor, a sad reality for popular wineries who count on outdoor wine tasting and beautiful views to show off our slice of paradise. Wine connoisseurs don't want to smell green skunk and look at plastic hoop houses.
Commercial cannabis creates conflict and lawsuits for spraying farming materials and impacts on the taste of award winning grapes. Legacy businesses should take precedent over newcomer West Coast farms, which boasts 50 acres of cannabis. Supervisors have had three years to collect taxes and need to stop promising tax dollars while destroying valuable real estate.
Don't let tourists drive by our beautiful county to visit Paso Robles, an example of a community that entices businesses and visitors.
Thank you.
And we will now go to Jackie Thiel on the phone.
Okay hello good afternoon my name is Jackie I live in the Santa Rita Hills among all your little red dots on your map And 1,500 acres is not a lot of cannabis for the size of our county. But when the majority is congested in one area it's overwhelming for those of us that live here. Why do we have CEQA, scenic highways and community plans if they are not followed?
You have said farmers need to diversify crops to stay in business and be able to keep their farms. We all agree with that but that is not what is happening Very few of the cannabis farms are owned and operated by the very farmers you said you wanted to protect. These large grows are coming in by outside people that don't even live in the area. You have said this is just like the vineyards coming in, no it's not.
Our housing prices went up when Santa Rita AVA started being written up in the wine industry but now the value of my house has dropped a huge amount and the rest of the housing market in California has increased No one wants to live next to a cannabis farm or buy a house next to a cannabis farm. When this all started you said let the process work, let us do our job it will work itself out and get better. It is not getting any better its getting worse.
One of you said that you visited Busy Bee and drove right by and didn't even know it was a cannabis farm. That's because there wasn't any cannabis or hoop houses when you were there. Drive-by now! One of you said you drove around all day with your windows down and then you have a good nose and didn't smell anything That was one day. We live here every day. I get tired of people telling me what it's like to live here. I live here! I've lived here before the Santa Rita ABA, before all the vineyards in Wineries County came in and I leave here now with all the cannabis coming in. I know what it's like to live here we are slowly losing our quality of life.
I understand the county is in a financial crisis right now but we need to think long-term and what are we going to look like down the road We need to make sure the tourism industries and the wineries open back up and come back and forth. We need to keep our property values up. This is not going to happen with all this cannabis growth in our area. We feel like you've essentially thrown us under the bus and congested it all in one area. Just because we don't live in the city of Santa Maria or Santa Barbara doesn't mean we don' have a community here, or a neighborhood. Don't take this away from us. Don't ruin our community with all these large growth coming in by outside people who are not even going to live here and have a stake in our community.
Please limit these massive grows in our area and upheld the appeal by the Planning Commission. Thank you.
3:49 – 3:536 turns
Chair Hart and members of the Board, we will now go to a letter from Kelly Rangel. I adamantly support the decision of the Planning Commissioners to deny this industrial-sized cannabis project. The Planning Commission found it to be incompatible with the surrounding area, nearby residences and traditional agriculture. Located at the western entrance of the San Ynez Valley and in the San Yenez Valley Community Plan The Planning Commission found it inconsistent with the goals, policies and development standards set forth in the comprehensive plan. Especially the agricultural element. Impacts on the world famous Santa Rita Hills AVA wine industry threaten its very existence along with row crops that supply our families with nutritional food. The Planning Commission found the project to be inconsistent with public visual and aesthetic resources.
Very visible to the public along the scenic corridor, this industrial project requires chain link fencing and landscaping to shield its striking ugliness from the public. This offensively visual impact Could not be mitigated without obstructing our visual resources. The stench along the 246 is infamous. The planning commission carefully evaluated this project and the findings for denial deserve to be respected and upheld.
Thank you very much.
And we will go to our next speaker, Allison Laslett on the phone
Chair Hart and members of the board, this is Allison Laslett. I'm the CEO of the Santa Barbara Vintners which is the trade association for the wine industry. Santa Barbara County is home to a significant wine region. We're lucky enough to have a particular set of geological and weather circumstances that allows us to grow wines literally on par with France. Our wine region is precious and unique and worthy of protecting. It has taken 50 years to build the Santa Barbara County Wine Brand, 50 years! This did not happen overnight. Our wines are internationally competitive and our tourism robust because of our wine industry. One of the hallmarks of our brand is our landscape.
Our wine industry has capitalized on this by designing buildings that roll out into open air patios And our reputation relies heavily upon the outdoor experience. People come here to sit outside, admire the landscape, enjoy the clean air and taste the wines. A 50-acre cannabis production close to a tasting room throwing either odors or sanitizers into the air is disastrous for wine tasting and the wine consumer experience at large.
80% of wine tasting is smell and we simply know that cannabis smells. The Santa Barbara County wine region cannot survive industrial cannabis grows of this size or this proximity. Thank you.
Thank you, Ms. Laszlo.
Chair Hart, members of the board, we will now go to a letter from Jan Davidson. Please affirm the Planning Commission's denial of the revised Santa Barbara West Coast Farms project. I have personally smelled the odors from the grove behind the Pence property while driving along Highway 246 with my windows rolled up. How much worse will it be with cannabis lining the highway itself? Will we be wearing masks forever? I moved my family here in 1992 for the clean air, pure water and unspoiled rural character of our valley. Not for it to turn into industrial cannabis county. We have a right to expect clean air in this valley.
Residents, vintners and farmers vehemently oppose the threat of an industrial cannabis corridor lining Highway 246 west of Buelton. And this denied project is only one of many cannabis applications in the immediate vicinity. These applications will create an environment inconsistent with both the essence of the Santa Ynez community plan and the CEQA premise that, quote, it is necessary to provide a high quality environment that at all times is healthful and pleasing to the senses and intellect of man.
This project will impact agricultural activities on non-cannabis farms, specifically application of standard materials, sprays to control pests and mildew and standard practices such as plowing that kicks up dust. Fear of lawsuits from cannabis growers has stopped professional applicators who prevent drift from working near cannabis operations. This impacts the long-term viability of non-cannabis farming Thank you. And we will now go to Dave Cleary on the phone.
3:54 – 3:594 turns
Okay. Honorable Supervisors and staff, a large part of the support for the cannabis industry among public officials and some members of the public is the potential for local tax revenue. Without that there's no reason whatsoever to allow the Santa Barbara Huescos Farms LLC land use permit. This is a heads up it would be useful to keep in mind when considering this and other cannabis cultivation LUPs and CUPs.
I have noticed that in Tempescate Canyon, a lot of the applications for temporary state licenses have switched when seeking provisional licenses from the small grow category to provisional medicinal. This is the legal option for provisional licenses. Using the April 15th 2020 records of the status of applications for California State Cultivation licenses provided to us by the CDFA 39% of the applications for provisional or annual licenses in Santa Barbara County that are listed in the categories of active and about to expire, though they have not expired as of today, are for medicinal cannabis cultivation. Under current law this does not change the taxation picture except for donations of cannabis. There is a long-term consideration however There are two propositions which did not obtain enough signatures to meet the April 20, 2020 deadline to qualify for the November ballot but will be back next year.
The coronavirus made it very difficult to meet the qualification deadline. These propositions almost identical are numbered 1872 and 1873. They do the following prohibit any taxation whatsoever on medicinal cannabis local or state Two, allow anyone to assign any collective cooperative or dispensary to act as the personal caregiver for any individual from medicinal cannabis.
Does anyone doubt the ability of the California Cannabis Hemp Initiative group under ordinary circumstances to obtain approximately 623,000 signatures statewide among approximately 20 million eligible voters to place one of these on the ballot next year? If that occurs and if the voting public supports this proposition, 39% of commercial marijuana cultivation will not be taxed in Santa Barbara County. Others will certainly jump on this bandwagon when it becomes totally clear what the impact is.
This would be a return to the wild west of illegal cannabis activities we have been facing with legal nonconformity. It is risky to grant LUPs and CUPs for cannabis cultivation which are basically with us forever, counting on tax revenues as the justification. Thank you.
Chair Hart, members of the Board, we will now go to a letter from Diane Pence. Dear Honorable Chair and Supervisors, We ask that the Board uphold the 5-0 denial by the Planning Commission for the West Coast application. This 50 acre industrial scale operation will adversely impact the entire Builton community and Legacy Agriculture, Wine & Tourism. As shown in the attached map, six industrial cannabis projects run adjacent to each other along the scenic Highway 246 corridor are designated gateway to the Santa Ynez Valley and the Santa Rita Hills wine appellation Combined with 21 pending projects in the area, this clustering of cannabis operations will total over 200 acres.
The pungent smell of marijuana coupled with the unsightly hoops in which it is grown creates a virtual stop sign for visitors who support our hotels, restaurants and tasting rooms. The Santa Barbara Wine Country's brand is built on its scenic landscapes and outdoor tasting experiences. Visitors that come for the outdoor experience only to find cannabis odors will not come back. The significant odors produce an impacting over 20 tasting rooms and wineries in the immediate area, and present a direct threat to the wine and tourism industries, the primary economic engines of the Santina's Valley.
The overproliferation of commercial cannabis operations, excessive acreage and density of grows along the 246th and Santa Rosa Road scenic corridors will put our wine industry out of business. Please uphold the Planning Commission's denial for West Coast and evaluate every successive application through a CUP and the project's impact on the surrounding community and environs. Thank you.
Thank you.
And we will now go to Jeffrey Renoso on the phone.
3:59 – 4:0410 turns
Good afternoon, Chair Hart and members of the board. My name is Jeff Renoso and I've lived in Santa Barbara County for about 30 years. For the past five years, I've been buying and selling equipment. I'm calling in today to give my support to the applicant at Santa Barbara West Coast Farms for the following reasons. Cannabis is now what we as a county have to rely on to collect tax dollars. As we all know, oil is on its way out. As of yesterday, oil was at an all-time low.
These tax dollars will be vital in keeping public schools and libraries open for our future use. Two, Santa Barbara West Coast Farms has followed all the outlined rules intended by the board. Number three, they have designed a beautiful project that will only enhance the beauty of Highway 346 I feel it would be not only irrational, but immoral to deny a project that meets all the requirements of the Board's Candidate Ordinance.
Thank you and I will hope you guys approve the project.
Thank You Mr. Inosa
Chair Hart, members of the board we will now go to a letter from Josh Hamilton I am a sommelier in the wine industry. My concern with the multiple cannabis grow operations in Buellton will have a large impact on the visual beauty of our region, as well as the strong odor that consistently affects our ability to be outside becoming more vital in these trying times.
A large part of tasting wine is utilizing our sense of smell. This will dramatically affect our guests to do so. Most of Santa Barbara County relies on the ability to taste wine outside, this will completely eliminate that. Please consider everything that is said today. This affects a lot of people in Santa Barbara County. Thank you for your time. Chair Hart and members of the board, we will now go to another letter from Sharon Merritt.
Dear Chair Hart and honorable members of the Board of Supervisors, after presentations public comment and considerable discussion your planning commission voted to deny the application of West Coast Farms I urge you to follow their thoughtful decision If the applicant has changed the project so much that you think the Planning Commission's decision is no longer applicable, it is a new application and I urge you to treat it as such with it going through all lower level approval and appeal processes. Thank
you.
We will now go to the phone for Liz Rogan.
Thank you so much. Thank you, Supervisors and everyone today for being here. My name is Liz Rogan. I am commenting today to deny the appeal. I just wanted to reiterate as has been shown again and again here that these operators have gone above and beyond. It's amazing what they've done in working with the architecture and the landscaping and I think that this is an exemplary And I think it would be completely remiss and unfair to deny them the opportunity because of other cultivators in the area when they are going through such enormous hoops to accommodate everyone. And the one thing I wanted to point out is all of the recent appeals that exist in this area have been by Mr. Pence, so it's just kind of interesting that one person seems to have a problem and these other people don't.
And I understand everyone's opinion and I do think that we probably need to look at this and see if we're not wasting our time and resources. There's a lot of
stuff.
Thank you very much. Thank you, Ms Rubin.
Chair Hart, members of the board. We will now go to a letter from Kurt Amen. Dear Board of Supervisors, my name is Kurt Amen and I am the general manager of Melville Winery. We are a family owned and operated estate vineyard and winery located approximately six miles west of the proposed project. We're very concerned about the cumulative impact of smells and terpene released from 50 acres of cannabis and the damage it can do to vineyards, tasting rooms, and other agriculture And visitors experience in the very windy area. We are also very concerned about the visual blight that 50 acres of hoop houses will cause, especially since it is located at the front door of the Santa Rita Hills AVA.
The proposed development is in the Santa Ynez Valley Community Plan which makes it only one of four special gateways in the Santa Ynez Valley. It completely ignores this plan's mission, which is to protect the scenic corridors and pastoral beauty of the region. The proposed odor control system, BIERS, is not proven to remove all cannabis odors, smells, and certainly not terpenes.
Residents in Carpinteria say it emits vapors that have a scent which would only add more smells and chemical compounds to the air, which will ultimately fall on our vineyards. Thank you for hearing our concerns.
Thank you.
4:04 – 4:1611 turns
And our next speaker, we are going to the phone with Stephen James.
I am asking you today to endorse your Planning Commission's unanimous decision to not approve the West Coast Farms development for the following reasons. The odor and terpene drift from 50 acres of cannabis will be unprecedented in size and scale affecting residents as their agriculture We're going to be talking about the future of this project. And we're going to talk a little bit more about that in just a few minutes, but first I want to start by saying thank you to all of our partners who have been working on this project over the last several years. Thank you so much for your hard work and dedication. I know it's been a long time coming, but thank you again for your hard work.
Just ask anyone who lives in Buelleton during the cannabis growing seasons. The buyer's system has not proven to work in carpentry as many residents have already testified with multiple complaints during the cannabis debate. The fact that there are already problems from buyers' indoor operations only begs the question about what is going to happen to its effectiveness outside one of the windiest corridors in the county?
Furthermore, the chemical compounds that it uses will fall on neighboring residents, agriculture and vineyards Simply exacerbating the problem. The buyer's folks can talk about parts per million for their test, the wine industry tests in parts per billion which gives you a sense of how sensitive grapes are. Cannabis industry leading experts that Mr. Byers referenced today also admit that cannabis terpenes are airborne and will have cumulative impacts.
Their past studies coincidentally failed to not study the number one terpene in cannabis which is beta-myrcine. To me, this is a deception meant to hide the real problems. Cannabis and wine are not fundamentally compatible with each other. The wine industry has consistently said it is not anti-cannabis throughout this debate but there's a reason why cannabis is called a weed. It should be allowed to grow where it will not affect vineyards, residents and other agriculture in Santa Barbara County.
There are nearly 25 wineries urging you to bring reason, common sense and logic to this debate today Thank you very much for your comments.
Chair Hart, members of the board we will now go to a letter from Andrew Murray. I am a second generation wine grower and winemaker here in the Santa Barbara County. We were drawn here back in 1990 due to the rising acclaim of the region for the quality cultivation of wine grapes. Our mild daytime temperatures, ancient seabed soils, cold evenings and cold breezes blowing off the cold Pacific make for a near perfect place to grow world class grapes. The problem with cannabis grows in Santa Barbara County is that they have grown relatively unchecked and certainly out of step with how wineries and vineyards were allowed to establish themselves over the last three decades.
Most cannabis growers have intentionally flocked to the area, not for the climate but rather for the loose laws and enforcement provided by our officials. I reference this political article that mocks Santa Barbara County for its unrestricted growth. We are routinely held up as the poster child for how not to manage cannabis growth in California. I am concerned about the cumulative impact of smells and terpene that will be released from 50 acres of cannabis, and the damage it can do to vineyards, tasting rooms, and other agriculture in a wind prone wine region.
Our grape growing areas are literally defined by winds. I am further against the visual blight of 50 acres of plastic and hoop houses in the gateway to the Santa Rita Hills. In some corridors in Santa Barbara County, one needs to ask permission for the color of their barns yet these cannabis grows can create such an ugly unnatural and smelly site corridor.
Thank you.
Chair Hart, members of the board. We will now go to a letter from Steve Junak. Good morning chair Hart and supervisors. Please uphold the unanimous planning commission decision to deny the West Coast Farms project. In my opinion there are several ongoing problems with the cannabis ordinance including the immense size of proposed projects such as this one. The uncertainty associated with current odor abatement techniques The granting of permanent land use entitlements before unintended consequences to neighborhoods become apparent, and the potential cumulative impacts caused by the clustering of cannabis projects in sensitive areas like the Lompoc and Santinas Valleys.
West Coast Farms is way too large and too close to the city of Buelton. Persistent westward winds will blow any odors associated with this project towards Solvang and Buelton, where residents have already been complaining about cannabis odor. The proposed project is too close to existing vineyards and wine tasting rooms. Please protect the established farming operations from cannabis grows. They are not compatible with each other.
The wine industry is well established in Santa Barbara County and needs your respect and support. Wineries contribute to our local economy in many ways, providing good jobs, sales, and property tax dollars, and they also attract tourists to our area. Please do not jeopardize the future success of our local wine industry by allowing incompatible activities to move in, in this case right next door. Established businesses should be given priority when changes to our important agricultural and scenic areas are being considered. This is the wrong place for a commercial cannabis operation at this size. Thank you for your consideration.
Chair Hart and members of the board, unfortunately I could not get a hold of our last two callers, Jesse Zaragoza and Slater Heals. So we are going to begin or continue with our letters. And I'm going to read John Dragonette into the record. I have written before to explain my concern as a citizen and a winery owner of this seriously deleterious effect that unchecked cannabis growth will have upon our neighborhood. The already established and very valuable and productive wine industry and tourism more generally. 50 acres of hoop houses in the middle of the Santa Rita Hills wine growing region is a visual blight of immense proportions. Moreover, the odor and the potential for terpene drift to adjacent vineyards are serious concerns for agriculture and tourism.
We have all smelled Carpentria from the freeway. And they apparently have odor mitigation measures. Now Santa Ana's Valley is a world class wine growing region that brings notoriety to Santa Barbara, large scale tourism and obviously significant revenue. It would be the height of foolishness to sacrifice this young but already world renowned wine industry to the forces of industrial cannabis production. This product further threatens litigation already existing agriculture even certified organic agriculture. It is painfully obvious that cannabis production is not traditional agriculture and it is not compatible with legacy agriculture or the San Andres Community Plan, which seeks to maintain and celebrate the natural beauty of the region. Giant swathes of hoop houses violate those principles regardless of what is being grown in them.
This product also produces noxious odors and the need for armed guards. It violates the community plan. This project should be rejected. Thank you John Dragonette.
Chair Hart, members of the board we will now go to a letter from Nicholas Miller. I'm a fifth generation farmer here on the Central Coast. Our family has been farming here since shortly after California became a state. In our family's history, we have always identified strongly with the community of agriculture and looked for ways to connect and collaborate with other farmers.
In the community, we've always found specifically the issues to highlight are one odor impacts. This project would not fit in but would be in opposition to the operations of its neighbors. Two, visual impacts. The applicant proposes a hedge wall of trees that neither fit in nor seem to adequately provide the visual block needed. Three, West Coast is located within the San Ynez Valley Community Plan area and is the largest proposed in the area, 50 acres. The community plan set forth specific compatibility requirements that have been ignored.
I am not opposed to cannabis growers in Santa Barbara County. But like the rest of the agricultural community, it should be done in concert with the rest of Santa Barbara's agricultural, not an opposition to it. Thank you.
Thank you.
I will now read a letter from Rob Solomon. My wife and I live excuse me My wife and I live in Carpinteria, and it is well known we have issues here. I am not writing to discuss the specific issues raised by this appeal. Suffice it to say that I support Blair Pence's position. And I'm sure you have many other farmers and vintners writing you in support of Blair as well. I want to take this chance however, to give you a strong endorsement of Blair Pence himself. Over the last year and a half, in the course of struggling to bring balance with operation of the cannabis regulations in Santa Barbara, I've gotten to know him well. He is a successful businessman in Vintner. He is ethical, he is passionate about the issues that concern him while keeping in play a sense of fairness.
He's a fighter and he fights fair. He recognizes that cannabis will have a place in Santa Barbara County and hopes it thrives well enough to drive the tax revenue the board anticipates but he strongly opposes regulations or their interpretations That allow cannabis operators to damage legacy businesses, agriculture and the eclectic quality of life and aesthetics in Santa Barbara County that has made it unique in California and the USA. Thank you for your consideration, Rob Solomon.
Thank you Mr. Solomon.
We will now go to a letter from Lee Johnson I urge you to affirm the Planning Commission's denial of the revised Santa Barbara West Coast Farms project. It was a 5-0 vote and shouldn't be taken lightly. The commissioners have demonstrated a convincing proficiency in deciding this judgment. The denial on this 50 acre project at the gateway to both the San Ynez Valley and Santa Rita Hills is key in protecting the award winning wine industry. Travelers coming through the Santa Rita vineyards should want to taste the wines of our famed Appalachian. If aesthetic blight, skunk odor and security concerns make them bypass the area then a chance to offer a taste of a wine and garner a lifelong connoisseur is lost forever.
Cannabis farms are quite simply bad neighbors. We can tell you that first hand in Sabita Canyon. They act nice when applying for a permit. Their agent will rave on about how they are upstanding and would never jeopardize their license and project. Typically, the truth comes out after a permit is issued or even during the permit process. When permits in When permits in hand, the power of the cannabis associations will see to it that the county will never set foot on the industrial cannabis sites ever again.
The National Pork Council calls it slander when the FDA tries to inspect a salmonella outbreak on a hog farm. I can imagine similar tactics by Cannabis Alliances no matter what Chapter 50 says about compliance and enforcement. Thank you for your consideration, Lee Johnson.
4:16 – 4:235 turns
And we will now go to a letter from Brandon Sparks Gillis. I'm writing to voice a strong objection to the proposed West Coast Farms Cannabis Project as is currently being proposed. As any long time San Ynez Valley resident can attest, the swift proliferation of cannabis in the valley has presented an array of problems and I urge you to deny this project. The visual impacts of hoop houses and high security operations are enough to clearly deny the project proposed today.
This is industrial production, not agriculture. In addition the location of the proposed project near vineyards, residents and wine tasting rooms presents a serious threat of odor and turbine drift which has not yet been taken seriously by the county nor the applicant. The proposed buyer's system has not proven sufficient in Carpinteria and thus should not be approved here. As I have stated again and again in letters to the county and at various hearings on cannabis projects, I am personally in favor of cannabis projects in Santa Barbara County. And there are thousands of acres which have sufficient isolation to prevent the above mentioned issues. However, this particular project is located within the Santa Ynez Valley Community Plan and allowing an industrial grow within that area clearly ignores the mission of plan, which is to protect the scenic corridors and beauty of the region.
Clearly, this project should be rejected in the proposed location. Sincerely, Brandon Sparks Gillis.
Thank you very much.
We will now go to a letter from Karen Steinwalks. Good afternoon, Supervisors and Chair Hart. First of all, my sincere hope you and your extended family and village are all healthy. And thank you all for your efforts to keep the county that way during this pandemic. We are all suffering financially and particularly the wine and restaurant sector. However, reading in the papers that the Board of Supervisors believes that the cannabis industry is the panacea is more than disturbing.
Do you know that we are all scrambling to connect with our direct customers to try to keep our businesses viable until we can reopen? That we are taking razor thin margins to do so With slashed shipping programs, costs by the way have been reduced by the carriers. Virtual tastings, special promotions all of which continue to generate sales tax to the county.
Even in these times we are contributing to the county revenue stream but we look to the long term when we can once again welcome guests to our farms, our vineyards, our tasting rooms, our restaurant colleagues. Which means that we need to keep our beautiful region beautiful and appealing to those guests. I'm not against the cultivation of cannabis. but in a managed and sensible manner where the odors will not affect any of us, residents or guests. Where the visible blight of in this case 50 acres of plastic hoop houses obscures the beautiful vistas of the Santa Rita Hills and rolling vineyards which may violate the Santa Ynez Valley Community Plan's vision. And even more importantly will terpenes from cannabis affect our valuable wine grape crop?
Or even the perception of buyers that it will Thank you very much. I am now going to read a letter from Sashi Moorman.
Dear Chair and Supervisors of the Board, I am writing to express my concern for the proposed West Coast Farms cannabis development. It is my opinion that any cannabis development in general proximity over local vineyards is a threat to our wine industry both commercially and agriculturally. I'm an owner of several local wineries and I live in a town of Lompoc. I have been a member of the Santa Barbara County Wine Industry for over 20 years. The Santa Rita Hills Wine Appellation has become known as one of the finest wine growing regions in the world. Our wines are sold and distributed internationally, and we have thousands of customers, trade professionals, and journalists visit our local wineries every year to come admire our wines, our vineyards, and the local landscape.
The proposed 50 acres cannabis operation will have impact on our wine business. This is a fact. The smells from the terpane release are destructive to our grapes and therefore to our wines. Furthermore, These malodorous chemicals will make operating commercial tasting room activities nearby virtually impossible. The visual blight of the plastic hoop houses will dramatically change the natural beauty of our viticulture landscapes, a key marketing tool in a competitive industry that highly values organic farming, natural beauty and environmental consciousness.
Please consider our wine industry before opening the door to the cannabis industry. Hundreds of local wineries have worked for decades spent millions promoting the virtues of Santa Barbara County As region a world class wine growing region, the cannabis industry as it currently proposes to operate is simply not compatible with our local wine industry. Thank you for your time and attention to our concerns. Sincerely, Sashi Mormon.
We will now go to a letter from Frank Austini. Honorable supervisors, as an operator of a 68 year old family business, the Hitching Post Restaurant that has been built around the legacy agriculture and tourism brought to our region by the growing of grapes I must voice my objection to this West Coast Farms project It is imperative that we maintain a rural agriculture farming environment at the entrance to and within the visual perspective of the tourism corridors of the grape-growing valleys of Santa Barbara County.
One problem here is this project's immediate proximity to Highway 246, and the large scale of this operation requiring hoop houses that detract from the rural agricultural environment that your body has in the past always defended. As our customers drive into wine country, their precious perception that they are visiting a legacy agricultural region needs to be cherished and maintained.
Being in the restaurant business where we have featured Santa Barbara wines since 1978 and being a winemaker of Santa Barbara Pinot Noir since 1984 I can attest to the enormous amount of work involved in building our reputation as a world-class grape growing region and to the fragile nature of our hold on tourism and customer regional preferences that this work has brought us.
In our business, perception is everything. Please help us preserve our rural legacy agricultural environment with smart decisions concerning location and scale of hoop house operations. Thank you, Frank Ostini.
4:23 – 4:275 turns
I will now read in a letter from Larry Schaefer. Dear board members, I am writing in support of the Planning Commission's denial of the West Coast Farm Project. The commission spent tens of hours researching this project And after hearing and reading reports in public comments, rejected it with reason by a 5-0 vote. I support their concerns including the cumulative impact of smells and terpene release and the adverse effect this will have on the legacy agriculture that already exists there including wine grapes. This proposed development is in the San Ines Community Plan and sits in one of the four gateways to the San Ines Valley. The proposed project is at direct odds with the plan's mission of protecting the scenic corridors and pastoral beauty of the region.
Our county is full of plenty of potential locations for cannabis operations that do not directly, adversely affect existing legacy agriculture crops. This is simply not one of them. I therefore ask you to deny this appeal for the betterment of the entire agricultural community. Thank you, Larry Schaefer.
Thank you Mr. Schaefer.
And I will now go to our last public comment to be read into the record, Kathy Joseph. I'm the owner, winemaker of Fiddlehead Cellars and Fiddlesticks Vineyard. There is a large expanding cannabis grow operating on leased land next door. In spite of our best efforts, our relationship has not been admirable or pleasant. Last year while spraying, a representative of the grow trespassed and accosted one of our tractor drivers.
They then filed a complaint with the Agriculture Commissioner, which resulted in a costly investigation and administrative hearing. This unpleasant experience is ongoing. After threats of a lawsuit we were forced to switch to a less effective and more expensive spray program to meet their needs and abandon ours. The result was a total loss of five acres of grapes, a substantial economic loss given farming costs and lost revenue. Since last fall, we have tried to work with our neighbor. A process frequently mentioned by your board and cannabis farmers as the solution to farming near cannabis. The process has been frustrating and not fruitful, and it is now at a standstill. Why? The grower insisted that we had to agree to publicly support their permit application We are unable and good conscious to support an inappropriate non-conforming use, a use that had already caused us harm and places us at a significant future financial risk.
We are now forced to farm in a different way at significant additional expense after 23 years without an incident to avoid being sued or strong armed into supporting a permit that is incompatible with the Santa Rita Hills ABA. Kathy Joseph owner and winemaker of Fiddlehead Cellars and Fiddlesticks Vineyard. And that was our final speaker.
Thank you Ms. Joseph and I really want to thank Ms. Carbajal and Ms. Alexander for doing an exemplary job of getting all of those letters read and those phone calls made, thank you that was a lot of public comment. I think it's probably a good idea for us to take a break it's been a long road and let's just take a 15 minute break come back at 145 and we'll get a breath and then have the rebuttal from the applicant and staff comments and the board's deliberation.
Hi, everyone.
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Good morning. Music playing
4:42 – 4:4912 turns
you We will reconvene the Board of Supervisors meeting and we are now at the stage in the hearing on the previous item where the applicant has five minutes of rebuttal, but you also have a minute and a half. Mr Bagby I hope you are there and we do now have your video queued up if you would like to show that so let's see if we have the connection on zoom with Mr Bagley.
Yep, I am here
Good thank you. You can begin and if you'd like us to play the video we could do that too. All
right. We'll begin the video now. As you can see, it allows for unobstructed views of the hills and the countryside. Essentially what it does is just block the cannabis cultivation area itself. Can you guys hear me? We can, thank you. Okay sorry and as Kevin Smalls detailed in his letter this does comply with the San Yanez Community Plan and again he is a member of the Board of Architectural Review that is responsible for making those types of determinations With that being said, I just wanted to say I have tried to reach out to Mr. Pence several times in an effort to work with him.
Most recently, I actually made an attempt when I was with the mayor and the city counselors from the town of Buelton at our project. They actually do not oppose our project either which is important to note. And again he was just not interested in having any sort of discussion with us But with that, I would like to hand it off to Larry Conlin. Please. Thank you, Mr Khan.
Thank you, Chair Hart and members of the board. Um, I just want to address a couple of points that were made in the public comment. Turn it over to Greg Wolf, and then he's gonna head off to very hello for a few final points The first point is that the PEIR was certified more than two years ago. We all know that, and what we've seen today in the public comment are many that seem to want to relitigate what's already been certified.
The Coalition Against Cannabis has a lot of voices but there seems to be a lot of misinformation just to make the record clear there wasn't a 5-0 denial at Planning Commission And there are no hoops on this property. We heard that from multiple callers. I watched the Busy Bee hearing and all of these same arguments were made against Busy Bee, and I think the point is at the time to challenge the PEIR has long passed.
Second point, this was the first cannabis land use permit approved by planning and only the second project before the board While there may be potential cumulative impacts, those have been addressed by the PEIR and that's what the staff has recognized today. The other key point is there are no other grows within a half a mile of this property. Third point I want to make about the setbacks just to be clear.
The way this farm is designed is that there will be no crops within 100 feet of any parcel border Uh, often more than that. The other point is there's not going to be any crops on the upper shelf of the property closest to the Pence Vineyard and then finally Mr Pence commented on the wine study that we attached to the letter we sent in last Friday and what that was was a certified lab analysis of Mr Pence's wines that were made from grapes growing next to a large cannabis grow several years ago And what the certified lab analysis concluded is that there was no terpene impact from that grove right next door to his property on his wines. And so while he objects to what that scientific evidence is, there is no scientific rebuttal to that study and that is the evidence that really cuts against this theory about terpene drift.
Now I want to hand it to Mr. Wolf from York Engineering. Thank you Mr.
Conlon, Mr. Wolfe. You have three minutes and 15 seconds left.
I'd like to make three points but one first is about the system itself. It's been noted... Sorry Greg to
interrupt but unfortunately we are not hearing you very well at the moment. Oh can
you hear me now? Yes. Okay thank you for commenting
and making sure
I'm
heard
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I was going to say, I want to address three separate issues. First the system itself. The system as you noted in the diagram along the north and eastern borders The delivery system was placed there intentionally to put the odor neutralizer in close proximity to the growth of plants. And it's a very scalable system, and what that means is that we've done this before where we have larger areas you can dissect or bisect those areas into smaller areas and be much more targeted if you need to. So it's along that area that we've proposed it because that is the best way to capture anything that comes off the site going northward, and there's no hoop houses so it's important to note that close proximity is to compensate for the fact that we don't have an otherwise controlled environment.
So it's a close contact The second item was mentioned by Dr. Underwood about the meteorological data. I don't think anybody's in dispute that this is a corridor that sees a lot of wind pattern. Terrain is Drives the local winds in that area. And just like water flows through downhill, air has mass and that mass will go through with that valley, a river valley and that's why people see the winds that they do. It travels along that west corridor.
Fortunately during this seasonal grow, the prevailing winds are all gonna be going in direction other than toward the fences winery So that is going to be in the direction towards an easterly flow. Inversions, inversions do happen in the area it's common, it's one of the characteristics of the area but during slow stable winds such as experiencing during inversion where there's a cap make the propagation of a plume slower. And it actually increases the contact with the ecosorb material, so your reaction potential is going to be even higher during those stable calm environments and the patterns that we saw in both models-
I'm sorry Mr. Wolf can you hear me? We are losing your audio again. I think that somehow when you move closer It seems to work better.
Okay, is it better now?
Yes and you think you need to stay the wherever you are right there and we have about 45 seconds left so
So okay, my last point is on standards. The standards are of course odor nuisance. So just to keep in mind somebody was mentioning you can still smell it. A smelling of something is not an odor nuisance. I deal with regulations all the time and I'm very familiar with the odor nuisance regulation both in Santa Barbara County Health and Safety Code and it's different than a non-detect. With that I'll hand over to Barry Capella.
Mr. Chairman, can you hear me? Yes. Thank you. I've been here since 830 and I appreciate just a minute or so to finish up for Mr. Kavon in this project.
Unfortunately, you have all used your time there is three seconds left on your time.
Well that's very unfortunate because it's quite important that you and the board understand the legal issue that's involved here And that's why our firm is involved. If I may have a minute, there was so many of the Pence letters that were written, were read during the hearing when you compare the amount of time that the winery industry and the Pence people and their legal team compared to the few minutes that Mr. Kavon had.
I would ask for at least a
minute. Supervisor Hartman would like to speak to this point.
Yeah, there was actually an appellant below at the Planning Commission and they just got public comment here. And they hired an expert. I would object.
I'm afraid Mr. Capello that we cannot bend the rules. We have the same time allotment and that was described at the beginning so I'm sorry. Okay, so the matter now is to the staff. Are there comments to the public comments? Additional information for the board?
Thank you, Mr. Chair. I would like to take this moment to provide some additional clarifications to the supervisors based on some of the public comments received and also respond to Supervisor Hartman's question before I defer to Mr. Clemon and Mr. Gazzone to provide some additional clarification on other items. Supervisor Hartman, you had asked about the acres of cannabis cultivation along Highway 246. And we have approximately ten, well we have ten applications along or adjacent to Highway 246.
The total acreage of these properties is 970 acres, but approximately 24% of that is proposed for cannabis cultivation. So that's 261 acres under proposed cultivation.
If I may follow up. For
the whole Santa Rita Hills ABA? Supervisor Hartman through the chair, for the ABA there is approximately 625 acres of proposed cannabis cultivation which is about 2% of the ABA acreage.
Okay, please continue.
Some of the public commenters noted that the proposed project was substantially revised. I would like to take an opportunity just to clarify that the 50 acres of proposed cannabis acreage has remained. It was merely the clarification of how much will be grown outdoors versus how much would be proposed for the nursery. Additionally, some comments referenced that the project description and the materials provided as part of the board letter were not clear whether all products would be generated and processed on site.
All products would indeed be generated and processed on site as detailed in our project description, and I would also like to make some notes on that. Our county land use and development code reinforces the state's track and trace system. And operators are required to keep records on site for five years, and these records denote where the cannabis is coming from if brought in from outside sites and where it will be going.
And also I'd like to note that The county is currently working with the state to get direct access to the state's track and trace program. So we would be able to track where cannabis is coming from, and where it's going. And then I would like to defer to Mr. Dan Clement to provide some clarification regarding the programmatic EIR.
Thank you Ms. Lair. Mr. Clement?
Yes, Chair Hart, members of the board. I just want to comment on actually the methodological approach to analyzing cannabis that was employed for the programmatic EIR and you might recall that our consultants took took quite a bit of time taking an inventory of the industry at the time in which they're developing the EIR. They did identify certain areas in which cannabis cultivation and other activities were already occurring at that time, and they accurately predicted that there would be more applications, more proposals for cannabis activities within those areas.
And they identified clusters of areas. One of those would be the Carpinteria Valley area. One of the others was San Yanez and then other areas. So when the consultants approached the cumulative impact analysis, they did take into account the fact that you would see these concentrations We did analyze things accordingly. So the types of impacts that have been brought up as a part of the commentary on this project with regard to not only this project but the other projects proposed along 246, we believe those were adequately analyzed and the effects were disclosed in the EIR. I'd be more than happy to answer any questions about
that.
4:58 – 5:0410 turns
To make sure that I understand, so normally a site could have some product processed from elsewhere. But because it is written in the description this site would be unable to process marijuana from off-site. It would only be restricted to that which has grown on site.
Supervisor Williams through the chair, that is correct. Cannabis projects are able to take product from other sites and process them on site if it's noted in the project description and approved accordingly. This project only requests to process the product grown onsite.
And then because it's written, the description has written in the way they couldn't decide post-facto to add hoops or something else, correct?
Supervisor Williams through the chair. If the applicant would like to revise their proposed project and it would differ from what is potentially approved they would have to resubmit an application through planning and development and we would review it accordingly.
Does staff have any input from this Admittedly hard to follow debate about wind and that the applicant and the original appellant have been in a debate over.
Supervisor Williams for the chair, I will have to admit that's outside my technical wheelhouse. Unless Mr. Clemon would like to respond to what's considered in the programmatic EIR?
Chair Hart, Supervisor Williams. I don't have very much to add except that the EIR did account for things like inversion layers that has been brought up a number of times with regard to specific comments on this project and others in the San Ynez Valley. It was factored into the analysis of area emissions modeling and how different pollutants would disperse, including odors. So it was evaluated in the EIR. What you're seeing now is what would be expected for projects that are now being proposed as a As a result of this program, you're seeing much more site-specific analysis as these applications are submitted. But there's nothing that's been submitted so far which would change our conclusions or the analysis in the EIR. In fact, the impacts associated with odors and other air emissions were evaluated disclosed in the EIR.
Odors as you might recall were class one impacts so unavoidably significant. You are going to smell them that was disclosed and has been repeated a number of times in these hearings we do not need to reevaluate those impacts as part of CEQA at this point in time.
And then just rectifying the discrepancy and How people are representing the setback. So is, is the closest grapes 300 feet from the property line and therefore the The project has the closest marijuana on their property, 1,200 foot from their property line. How can one say 300 and the other one say 1500? They must be measuring two different things.
Mr Chair, Supervisor Williams If the applicant, do we still have the applicant on Zoom? I think it would like to get some feedback from them but it's You know you obviously have the distance of highway 246 which would be factored into the distance to the grapes But I think we should get further clarification from the applicant about how close the cannabis plants are to the property line on all sides.
Sure, I'm here and I'm happy to answer that question. So the upper shelf which of the property sits if you're looking at the map to the left hand side, that area is not going to be cultivating cannabis. The lower shelf, which sits 1500 feet plus at its beginning closest point on the left-hand bottom corner there. The closest point that is where we were able to measure from there up that 40 foot embankment and to the nearest Pence grape across 246. And that was where the measurement was from, I believe what Mr. Pence is referring to is to our property line which would be 300 feet or so from his property line but our cultivation doesn't take place at the property line it takes place several hundred feet from it at that point which is the nearest point to Mr.
Pence And then obviously, it varies from location to location. You can see the yellow border in this map in front of you and that yellow border depicts the actual property line itself. And there's portions where it's several hundred feet from the property line and then along the 200 excuse me, a long highway 246, there is a minimum setback of 100 feet towards the right hand corner of the property line. But that again is on the other side of the property far from the Pence, that's actually further from the Pence's closest grape than the 1500 foot marker.
5:04 – 5:2523 turns
Supervisor
Hartman? Thank you a couple of questions I have. Have we any Studies or any sense of how EcoSorb affects wine grapes and the taste of produced wine?
Mr. Chair, Supervisor Hartman, we have not conducted any studies on terpenes affecting wine grapes. And whatever's in EcoSorb is considered aterpene as well. Those are essential oils. So we don't have information
on that. Right, we do have the Australian studies with the eucalyptus trees. I believe our Ag Commissioner is trying to get some studies of terpenes working with other wine growing regions so this is not a question that's been answered and for wine grapes it can be parts per billion that affect the taste and smell of wine. It's at very fine levels as well We've heard a lot about cannabis and substances that would affect the testing of cannabis being in the parts per billion, but the impact on grapes and wine is also at very minute levels.
And so I just want to say, I think there's some unanswered questions here.
Supervisor Lavanino, I think you clicked your microphone
on.
I heard it all the way here. I have
to comment on that first off the difference between the Australian study was they were studying let's talk apples-to-apples we're talking eucalyptus leaves and trees that were landing near the actual Grapes themselves, the vines as opposed to in this case you're talking about a terpene somehow making its way a football field away. And in getting itself involved in a grape skin. So I think that's kind of what I want to talk about, and I don't know if we're at deliberation time yet or not because I think there are arguments that make sense and there are arguments that don't make sense.
And the more that people talk about the arguments to me that don't make sense The harder it is for me to follow along. I mean, there are actual legitimate concerns with cannabis versus wine industry and I think we need to talk about those. And these other ones that I continue to hear people talk about that are either, how many times did we hear today that hoops are a problem? When this project doesn't have any hoops.
And there are plenty of hoops along the 246 that have nothing to do with cannabis. And I don't hear anybody talking about going and ripping out the blueberry industry or what other berries that are under there? So, I think we need to really be honest with each other and say this is what's really important. And this is something that I'm scared of or I'm worried about. And yes you have a large investment. I understand anything that's unknown you'd be worried about. And of course, you're going to want to keep business as usual because your business is doing great.
And obviously any changes is scary to people but I really would prefer if we spend our time really concentrating on those things that are legitimate and that we know about and that we can do something about by either increasing a setback or reducing the size of the grow as opposed to just saying well The wine industry doesn't like it, so we're not going to do it.
And I don't know if it's time now for deliberation or not but I know it's Supervisor Hartman's district and for a few lead off but I don't mind doing it.
I think you sort of did, but let's have Mr. Guzzone has a comment.
Chair, and I may follow planning on this, but we did want to make a quick discussion of the framework of the Williamson Act since that was discussed today. And I'll set the table with the legal framework, and then planning can go from there. But the Department of Conservation tells us that the Williamson Act allows local governments to enter contracts with private landowners to restrict parcels for agricultural use or open space in return the landowners receive property tax assessment benefit.
Counties that participate in the Williamson Act must establish their own rules and regulations which our county has done. Within the Williamson Act, going back to the state statutes, there's a series of definitions. Agricultural use is one, compatible use is another and that was part of the discussion today. In the county of Santa Barbara's present uniform rules, the commercial cannabis cultivation is considered an agricultural use.
And complicating all of this, in 2019 Senate Bill 527 became law and now provides section 51231B of the government code. And that statute would allow the board at a future time to determine that the commercial cultivation of cannabis is a compatible use not the agricultural use that is currently in our uniform rules. But our current uniform rules properly classify cannabis as an agricultural use. It could be classified as a compatible use in the future edition of the uniform rules.
Thank you for that clarification. Supervisor Hartman, oh excuse me Ms. Plowman did you want to add something? Mr.
Chair and members of the board also wanted to provide clarification that we had communicated with the Department of Conservation on this topic and they defer to the local entity or agency to make the determination how they're going to interpret it in their uniform rules.
Thank you for that additional clarification. Supervisor Hartman, actually just before, Supervisor Adam did you have any questions? Because it sounds like we're getting to deliberations.
No I just have deliberation. I have one question
too. This is just for the CEO's office. Where it does have fiscal impacts or fiscal, it doesn't say negative fiscal as part of the board letter. I know we can't say how much this would generate but it would be nice to know an order of magnitude whether that's a hotel creation or a development or anything else. I think it should be part of the conversation at all.
Okay.
Supervisor
Hartman?
So are we done with questions and starting with deliberations? I
think we
are, yes. We just had an opportunity. Thank you Mr. Chair. Santa Barbara West Coast Farms was denied by the planning commission. It's a 50 acre project at the gateway to the San Ynez Valley in the community plan area. So in addition to Busy B that this is within the San Inez Valley Community Plan. The acreage would constitute 68% of the parcel, 50 acres is a lot of cannabis.
It would have the chain link fencing and an unproven strategy for outdoor odor control. But the thing that really concerns me most is that this project is not consistent with our general plan policies that protect agriculture. And I want to take a little time to talk about this. The Santa Rita Hills is probably our most distinctive and heralded AVA in Santa Barbara County. It has a really special climatic zone, it's close to the ocean, the transverse mountain range along the San Ines River so they get cool winds that come in and go out and its got the largest temperature swing in a day of any place in the state, it's very unusual in the entire world. This is what makes it so unique for wine growing.
It makes it really ideal for world class wines. So the pinots typically go for $75 to $95 a bottle. The region has been working for 20 years to create a reputation there. In contrast to cannabis, which is an annual crop, you can get two crops. It takes at least seven years to get a functioning vineyard. In contrast to cannabis, which can grow in lots of different places, Santa Rita Hills is one of a kind.
In contrast to cannabis, wine brings tourism. It brings demand for related activities, natural beauty, outdoor recreation, quality restaurants and cultural activities. Now cannabis marketers claim that they're going to have onsite visit but I don't think they have the terroir. That seems unrealistic to me. There's no on-site tasting allowed for cannabis. I don' know any other pharmaceuticals or supplements That have a supporting tourism on-site visiting aspect to their business. And the goal with cannabis isn't a distinctive variable kind of a product that's specific to place and land, it's a reliable one that can produce the desired effect, calm, focus, pleasure, pain reduction. So it's a very different kind of a product than wine.
The Santa Rita Hills AVA is 7 miles long. It's only 3.5 miles wide. It's one of the smallest AVAs in the United States. Where you have larger areas, it's easier to make it more compatible. You have more acreage options but here you've got clear conflicts There are odor issues, there are drift and waft issues. And there's possible terpene issues. We have our Ag Commissioner working with other wine areas to try to study this. This is a question that really isn't known. We don't have the answer to it. So the question people keep asking me is why is the burden on an established and very valuable wine industry that has made a huge investment, why is it their burden to show incompatibility with agriculture and not on cannabis to show that it is compatible?
It's a beautiful architecture, but it's the wrong project in this place. They don't need to do it there. They can go lots of different places. It's a misappropriation of the Santa Rita Hills brand. And I think it's damaging to the reputation of an industry that has been working for decades to create a cachet with the Santa Barbara, Inez Valley and Santa Rita Hills area.
So we have evidence to show incompatibility. We have a letter from the grower shipper. It says we do not, this is March 6th, we do not believe that hemp or cannabis cultivation is compatible with organic or conventional Central Coast agriculture. Our policy and this is in another section Our policy position has evolved as we have become better informed on the specifics of hemp and cannabis cultivation, end uses, regulatory context and experience of nearby agricultural operations. And then again another sentence based on the experience of our members operating in a real world central coast conditions All evidence suggests that cannabis is not similarly situated to agricultural crops, and these differences are driving severe conflicts. So that's the grower-shippers.
Our Ag Commissioner actually convened a stakeholder process to look at this issue of pesticide drift and pesticide walk. We were hoping they would figure it out, but they learned how complex the problem is. But they don't really have solutions on the issue of terpenes. It's my understanding that Ag Commissioner is working with other wine growing areas trying to get money. I think UC Davis is going to work on this, but this is an unanswered question.
I would also say that as far as odor control, we don't know about this buyer system and how it works in outdoor areas. It's been used in landfills where they have significant buffers but not in a 100-foot setback area like this. So the odor and the impact of the agent that they use We don't know what the effect would be on wine. And again, wine is extremely sensitive and I think other evidence of the conflict is that we heard from people and I have heard from many, many Vintners about this and held forums about this. There's a real concern if there is a risk who bears it?
And why should the Santa Rita ABA? We heard that there are 25 different cannabis proposals. It's going to be about 625 acres of cultivated area. That's a big portion of our 1575 cap, about a third. And what I see on Wikipedia is that the entire vineyard production is about 1,700 acres in cultivation. So it's about a third of that. That's a big, big piece And that is going to shape people's understanding of an industry that is very much determined by perception. It matters how people think about it.
In Carpinteria, we had greenhouses that were vacant for a flowered industry that was gone to Latin America and South America. What we have in the San Ynez Valley is very, very different. We have a thriving wine industry and I think we're putting it at risk. And I would support what the planning commission did and deny this project.
Thank you Supervisor Hartman. Any comments in Santa Maria?
Yes. Believe it or not, I do have one. So I'm just curious, does this mean this would be a ban on all cannabis growing in the Santa Rita Hills or the ABA? Ban outdoor cultivation because we don't know exactly. We've got to let people know now where we're at. That's what that sounded like to me. When we put this together, we looked and we said okay what are sensitive receptors? Let's get setbacks. Let's figure out where we can grow around those and how to stay away.
We even backed up and said okay there's EDRNs. None of us knew what those were at the time but we said okay let's stay away from that area as well. How about adjacent to EDRNs? Sure, we'll even do adjacent to EDRNS. So now we tell this guy hey here's an AG2 piece. He's in full compliance. There is all laws, rules, regulations with zoning subdivision setbacks and compliance with the LUDC for AG2.
Everybody says this is the wrong place that seems to be the argument every time a cultivation site comes up. We get a room full of people that's saying they all support cannabis cultivation, just not in this location. And it's really easy to tell people to go somewhere else outside of your district or outside of your view or away from your neighbor. There's a reason why these people congregate.
Why is there proliferation of cannabis applications in that area? Well, why is there a proliferation of tasting rooms there? It's a great place to grow things. So I mean, I heard the big concern was about hoops. Hoops have been removed. A big push against the visual impact of quote unquote this gateway. Those buildings looked beautiful to me. I don't think you could've done it any better than what they did.
The landscaping, they went to Kevin Small. Above and beyond the landscaping's great. The pesticide issue, they don't have neighbors that it's not a situation where they're growing next to somebody else. What we really get down to I think is this. There is one issue that is concerning, and that is the condition of odor. And I get that, and I totally understand that that's something that needs to be mitigated. This person put in a odor mitigation system or is willing to. You know, I heard a lot of people talk about the carpenteria.
It still smells and there's all these impacts. Well, it's probably not the right venue to talk about this but I'm going to bring it up. We just had an election in Carpinteria. People spent hundreds of thousands of dollars and there was one issue mostly talked about and that was the idea of whether cannabis was a hindrance or help. And as far as I can see Supervisor Williams is still sitting there and That was probably the area where he did the best.
So as far as I'm concerned, the people of Carpinteria have spoken. That's why we have these elections. It's very interesting to me that we sit here and hey, I love the wine industry as much as the next person but they don't have a monopoly just because they're there on land use decisions. If we're going to talk about clustering, look at the map of the Santa Rita Hills.
What's it clustered with? Not cannabis grows, it's clustered with wine tasting rooms all the way through there. And I'm sure at the time when those were built not everybody was patting each other on the back that that was the right thing to do. So here is an industry that has built itself up and it's going through its own, not because of cannabis but it's going through its own pains right now.
So, just want to remind folks as well that we're in a fiscal crisis. I don't know where people are looking at their numbers as far as where the cannabis revenue is coming in short. We practically doubled what we had predicted for this year and the growth on the budget is up, nothing but up. So I don't know where everybody thinks we're going to pay for all these things that we need to do to run the county. TOT's falling short, sales tax is falling short.
I think the one takeaway from our budget workshops was that cannabis was the reliable source of income at this point. Now, I'd be willing to say that maybe 50 acres is not the right size for that piece. That might be, and maybe if some of the grow was moved away from the Penn side. Maybe that makes more sense. But just to say that we're not going to grow anything in the Santa Rita Hills AVA or outdoor cultivation is basically off the table.
I mean, that's just not what we told people we were going to do. And so I'd have a big problem with that. Supervisor Hartman?
5:25 – 5:3212 turns
I just wanted to mention that the Planning Commission has recommended to the board that we have CUPs for these permits and that would give an opportunity to allow us to deal with the concentration that we have in the Santa Rita Hills ABA.
I'd like to talk about that CUP issue for a second because that's something, Chair Hart if you'll allow? Yes, Supervisor Lavenino. Okay. Thank you. So let's say we did require a CUP for this project, which we didn't. But if we did, we probably would have said hey can you eliminate the hoop houses? Which have already been done. We would probably say could you do your processing, could you do flash freezing, which would eliminate a lot of the odor.
This individual's already done. We'd say, could you do your processing indoors? Could you build a facility? They've done that. Could you put on-site bathrooms? They've done that. I think the only thing at this point that would be a difference between the CUP and the LUP that they have is that you say we could condition by lowering the size of the grow. I mean, we still have the opportunity to negotiate with the applicant if we wanted to. It doesn't, I think we've gotten everything that we would have gotten with the process that we've chosen as if we would have had a CUP in the first place.
Supervisor Hartman?
There's a mile long corridor right there at the gateway where the San Ynez Valley plan starts proposed for cannabis.
And my answer to that would be if you don't approve this one, then it's the next mile becomes the gateway. That's the problem with this leapfrog stuff is you say here's an EDRN and you can't grow it here. Then it's adjacent to the EDRN. I think I heard Mr. Chatello even say it, that it's adjacent to the EDRM. Well, it's not but it's close so then now you throw this one in. And then if you don't do it here, then the next piece becomes the gateway. And it's just this continual attempt to block wherever these folks want to go. I guess we'd go back out into Los Padres National Forest again and do it illegally because that's where you're going to force these guys to go Supervisor
Hartman. It's at the gateway to the Santa Ynez Valley because it's at the boundary of the community plan, it's just inside so the gateway isn't creeping, it is at that gateway There are lots of properties that are available, even in the Santa Ynez Valley down Gypsy Canyon and other areas where they're less visible. They're less conflicting with tasting rooms and we have the Santa Rita Hills ABA Tasting Rooms where people can visit one after another. That's part of the value of it being there.
Supervisor Adam did I hear your microphone click?
Yes, it was clicking.
Thank
you. Did Supervisor Hartman make a motion or did I hear that wrong?
She has not yet made a motion.
Okay. Well, I'm just going to say my comments and see where this goes. One good service that West Coast has performed for us is they've utterly destroyed the traditional tribalism. I'm sitting here with the strangest of bedfellows, and it's great to hear Supervisor Hartman talk about the grower shippers having such a profound effect. I hope that that continues.
And it's strange to be aligned at the moment with We Watch and Mark Shutillo. So maybe hell has frozen over, I'm not sure. A few years ago, I went to a presentation by a guy from Austin, Texas about economic development. One of his suggestions was to take care of the businesses that you already have, and we should. And these wineries, the winery industry is a tremendous expense and investment in time.
And I think we're obligated to protect these businesses first and foremost. And I realize there's a circle that wants to be squared here in terms of money coming in, revenue coming in. And I have been with Supervisor Lavinino the whole time trying to find some source of revenue that we could approve. But now this is just a bridge too far for me where we're going to sacrifice Existing businesses that have literally millions of dollars and decades invested.
And then just let somebody move in across the street that's going to imperil their operation. I think this programmatic EIR is inadequate on odor and other impacts, including the waft and the drift issue. On existing ag production and sales activities because I don't think we knew about any of those things and so Explored them in the PEIR. And despite staff comments to the otherwise, I don't think that the PEIR is adequate and I think there's effects that are worse in retrospect than we thought they were so we should revisit that.
I think there's just too many unresolved issues and unintended consequences. And unmitigated risks to legacy agriculture to approve this project.
Thank you, Supervisor Adams. Supervisor Williams?
5:32 – 5:383 turns
Well, I feel like we are caught in a very strange situation that There is a real big downside of sort of going either route on this. And that is because I think we're trying to set, we have to think about what signal we are sending by either our denial or approval and I think if we deny the project, Very unclear signals to the industry where we went, we said we don't really want it on Ag 1 and small parcels.
And we pretty much got rid of that as an option, right? At the time, we said in the inland portions, we wanted it on Ag 2 or it's going to be farther away from where people live. This is farther away from where people live. And I think the Planning Commission was decisive in this, that hoops could constitute incompatibility with the community plan. So now there's no hoops, what message do we send by having there basically be no upside for not having hoops?
We want it to be set back, and this is a big thing to me because we do want the wine industry to thrive. We do want various agricultural uses to survive. And in my view, setbacks are a legitimate policy tool to get that. But I'm not sure how often we will, we would be able to have a viable project that set back at least 1500 feet. And that's why I've been trying to get at right? What is the real that we're dealing with. And it seems to me that in this case, what we're talking about is that Mr Pence's grapes are 200 or 300 feet from the property line and that the marijuana is in proximity to the pence property 1200 feet set back from But I think that's also the signal that we want to send up. On the other hand, I think if we uphold the appeal and approve the project, we're sending a signal that we are willing to have very big acreage.
in the AVA and the Santa Rita Hills. And I am worried about that, I think the most legitimate issue of the opposition in this area and from that frankly even in my area is the effects of concentration. The only two ways you can deal with concentration is either you reduce a project's size or You put three bullets in the barrel and you spin it, and you start shooting randomly. And you randomly approve some projects and you randomly kill others.
And I am worried that if we don't use a more precise policy tool than either upholding or denying that we are falling back to the policy of a gun and putting half of the barrels filled with bullets, and just randomly approving and denying projects.
Well I think that Supervisor Hartman hit on an important issue that isn't on the table today but is coming soon. That is the recommendation from the Planning Commission that we do have a conditional use permit discussion here at the board One of the challenges that I find is that we get these projects through the land use permit process and we don't have as much discretion in these hearings as we would if it was a conditional use permit. And I think it speaks to Supervisor Williams' point about this particular project benefiting from a smaller acreage, but that isn't our choice in this process today.
I think that Supervisor Lavinino very carefully described all of the other elements that would have come out of a conditional use permit process and this project has hit those, but it is in my mind missing on its size. But on balance, I do think that this project can be approved because it is within the law as we have drafted it and it meets all of those Conditions that we've asked the applicant to meet.
So I personally could approve the project reluctantly and hope that we soon have the discussion about the conditional use permit process here at the board. Supervisor Williams, did you have any? Is that Supervisor Lavanino? Go ahead.
It is. Well, and I'd ask Mr. Gazzone, I mean the applicants here Is it something that reducing the size and the scope, is that something? I don't really know how else. What do you do? Send him? You know, I don' t know if he's prepared to talk about or Mr. Gazzone could talk about how we might be able to do that instead of walking away from everything. Yes, can you hear me?
5:38 – 5:5018 turns
Yes, but you'd be better if you were a little closer I think to the microphone.
Okay sorry is that better?
Yes thank you
Yes, I mean we've obviously come a long way to get here before your board today. And if there was something that you thought was more suitable, we're definitely open to having that discussion but we obviously aren't looking to pinhole you into some sort of situation that would negatively impact anyone. Well,
I appreciate that flexibility. What we would benefit from is an offer to revise your project, I think. Mr. Rizzani has got his microphone ready.
Chair and Supervisors, so this is an area where as the chair summarized before you are dealing with a land use permit and the project before you is the project that's been described if Applicant wanted to Move for continuance or revise their project description that would be one at one way to approach this Otherwise you have really an up or down on the project. That's before you and I would Recommend caution on anything that seems like a negotiation in approving a land-use permit.
Thank You mr. Design Mr. Blaby, would you like to have a continuance? Give more time to find an answer.
I'm sorry,
was that? Would you like to ask for a continuance?
I would prefer if we could resolve this here today if possible. We've had this project continued for going on a year since we got originally approved. Last last April, if there's any way we can you know need to make a change to the project description as he had had described I'd be you know happy to do that. Thank you Supervisor
Williams. Suggestion in the total acreage size for the parcel is 73 acres. Close, that's close. And I think what we have identified in the previous project that as long as they can cultivate 51% of the parcel, they don't run afoul of Williamson Act issues and so therefore if you calculated 7.5, right? Or 38 acres. So that would be my suggestion in order to not have incompatibility of policies but to still attempt to reduce concentration and to send a signal to the industry that we want you to set back.
And my suggestion, of course, Set back as much as possible from the EDRN and from Mr. Pence or other grapes.
Supervisor Hartman? Excuse me, your microphone went off, never mind. Why don't we take a ten minute break?
Wait, wait, wait, wait Greg.
Supervisor Lavinino.
Thank you, Mr. Chair. I don't know if you guys have eaten yet or not but we haven't and we're getting up on three so is there any way we could do a 20 minute break and we could eat during that time? And then maybe the applicant can figure out what acreage makes sense and then we can come back if that works?
Yeah, I think that's- You're right. We have not had lunch. It is now quarter to three. Let's take a twenty minute break and we'll come back at little after 3 o'clock.
We think we should just force that. Should I
have just said we wanted to push today? you Welcome.
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Hello. Hi.
6:06 – 6:1110 turns
you Hi.
We'll reconvene the Board of Supervisors meeting, and I think Supervisor Hartman is prepared to make some remarks.
Well, I'm just...I'm prepared to make a motion that the board affirm the Planning Commission's denial of the project, deny the appeal, make the required findings for denial of the project, determine that it's exempt from CEQA denial, and deny the de novo revised project.
Motion has been made. Is there a second? Second. Motion has been made and seconded, any discussion? Would the clerk please call the roll?
Ms. Hartman? Aye Mr. Adam?
Aye
Mr. Lavinino?
No
Mr. Williams?
No
Roll-call vote Failed 0–1 Motion has been made and seconded, any discussion? Would the clerk please call the roll? · 1 under review
Show transcript
6:12 – 6:1719 turns
This is obviously difficult to craft here. I want to very much urge both applicants and appellants to try to hammer these out ahead of time, long before hearings. But what I think I heard is that it is agreeable I would like for us to on the fly revise the size of the project. And then we'd have to probably trail the item and bring it back here after closed session, but That we uphold the appeal, that we change the project description to 51% of acreage with the agreement of the applicant slash appellant.
And that we try to send a signal that we will reward folks having smaller footprints and Larger setbacks and getting rid of their hoops in their applications.
Is there a second to that motion?
Second.
Motion's been made in second, to discuss the motion I can't support the motion Mr. Gazzone's direction was very clear unfortunately we're in a place where this is a land use permit and this is an up or down vote so Unfortunately, I can't support the motion. So could we have a roll call please?
Well, I'll withdraw my second then at that point. Okay. And I'll make a different motion then. I don't have a staff report in front of me. Mr. Williams, maybe you'd like to make a second motion? It's ABCD- I don't want to go through the
exercise. It's the reverse the planning commission's denial and approve the revised project A, B, C and D on the staff report pages one and two.
And Chair Hart, members of the board we are getting that up on the screen momentarily.
Okay. Is there a motion? Yeah, I'm seconding Mr. Labanita's motion and it has been seconded. Discussion to the motion?
I just would like to say that I think this also sends a message to people.
Thank you, I think it does unfortunately. And it is that we are bound by the law. Mr. Casoni?
Chair and supervisors, just since we had two slides up there, I just wanted to, and we are remote through an abundance of caution, I would just like to note that my understanding of Supervisor Labadino's motion was Was the steps the second group of steps in the recommended actions, which would be approving the revised project Through all of the action shown on the slide upholding the appeal making the findings for approval The CEQA finding and granting de novo approval of the revised project. Did I have that correct? Supervisor Levin, you know
That's correct
Okay motion has been made and seconded any more discussion
I am not happy about this motion, even though I seconded it. I continue to have concerns about projects of this size on lots of this size. It's a big project. I continue to have concerns about concentration and I think it should inform what applicants bring to us when this hearing could have gone either way, i.e., that because of the project description and its numbers of acres that at least two of us that are voting to approve the project don't like the size of it.
So yeah.
I think there's five of us that don't like the size of the project, but we are where we are. So it's probably a moment to emphasize that I know that the Planning Commission wants to talk to us about conditional use permits and we should have that conversation as fast as we possibly can. Okay so roll call vote please.
Ms. Hartman?
No
Mr. Adam?
No
6:17 – 6:189 turns
Aye.
Mr Williams?
Aye.
Chair Hart?
Aye.
Motion passes three to two.
We'll now recess to closed session. County Council, could you please read the items for consideration?
Chair and supervisors, today in closed session the board is agendized to consider three matters. The first is one case of existing litigation, Casablanca Beach Estate Owners Association versus the County of Santa Barbara and the California Coastal Commission. The second is conference with labor negotiators concerning county deputy sheriff's association, county firefighters local 2046, county sheriff's managers association.
Service Employees International Union, Local 620 and Local 721. And the final item is conference with real property negotiators concerning potential conservation easements over properties near the intersection of San Miguelito Road and Sudden Road southwest of the city of Lompoc. And those conservation easements involve the Straus Wind Energy Project. My estimate is about one hour for closed session.
Then we have trailed Item A19 after that.
Thank you.
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Hi, everyone.
Hello, everyone. Yeah. you Yeah. Yeah. Hi.
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you the board. Hello, everyone.
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Yeah. Music
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you Hi. Hello, everyone.
7:05 – 7:072 turns
Yeah. you
We're now reconvening the meeting of April 21st. Will county council please report out from closed session?
7:08 – 7:1018 turns
Chair and supervisors, today in closed session the board considered three matters. The first was a case of existing litigation, Casablanca Beach Estate Owners Association versus County of Santa Barbara and California Coastal Commission. The second was conference with labor negotiators involving Santa Barbara County Deputy Sheriff's Association, Locals 2046, Santa Barbara County Sheriff's Managers Association. Service Employees International Union Local 620 and Local 721.
And then finally conference with real property negotiators concerning potential conservation easements over properties near the intersection of San Miguelito Road and Sudden Road.
The next item is administrative item number 19 that was trailed from our administrative agenda this morning. Will the clerk please read that item into the record?
Excuse me, Chair Hart and members of the board. Administrative item number 19 is from planning and development. It is to consider recommendations regarding county acceptance of offer to dedicate a 958 acre portion of the Scolari Ranch to the county. And this is in the third and fourth districts.
OK. Is there any public comment on this item?
Chair Hart, members of the board, we have not received any requests on public comment for this item.
Is there a motion?
Move
A19.
Motion's been made second and seconded. Roll call, please.
Miss Hartman? Aye. Mr. Adam?
Abstain.
Mr. Lavagnino?
Aye.
Mr Williams?
Aye
Chair Hart?
Aye
Motion passes four with one abstention from Supervisor Adam
7:10 – 7:1511 turns
And we will adjourn today's meeting in memory of Mickey Flax, who unfortunately passed away last night. Mickey was a dedicated leader and activist and a friend of our community. Mickey made it her life's work to serve and lift up the voices of the marginalized from co-founding Students for Democratic Society in the 1960s and taking part in the Civil Rights Movement to advocating for social justice in our community And serving as a County Housing Authority Commissioner for Supervisor Williams.
Mickey has worked to effect change throughout her entire life. Much of Mickey's activism was done in partnership with her loving husband, Dick Flax. Together they wrote a book. And a memoir that was published in 2018. And Mickey will be missed by our community, I know that her legacy and efforts will live on and our hearts go out to the Flax family. Supervisor Williams?
Mickey was very, very special and remains very special to me. People in this world have a hard time Working with people who are either more moderate or more radical than themselves. And what Mickey taught me that was, I think enormously important when you're in a community like this where there's such diversity of views is that you can remain true to what you believe in while still creating a coalition with people May see things differently than you but still want to make.
Things better for. For people thirsting for justice, hungry for something better. And Mickey was a tireless advocate. She could really stir the pot and she could make an impassioned speech usually before the city council on On housing, and I think she was really one of the first to really recognize that if we as progressives really care about the poor. That we had to find a place for affordable housing in our political priorities and recognizing that That inconsistency in our own beliefs, questioning that and then helping to lead a lot of other people to question that. And to come up with something that was more rational, more justice focused and also less hypocritical.
Thank you very much for that.
Supervisor Hartman?
Thank you. I was asking a friend of mine, George Relish, what does chutzpah mean? The Yiddish concept and he said Mickey
Flax.
She really did hold people to their highest values and she wasn't shy about calling out when you weren't and particularly balancing environmental protection and social justice And I grew up in the era where it was, the personal is political. But Mickey really turned that on her head and she was somebody who believed you can't make good history if you don't make a good life. She really believed in nurturing relationships first and foremost and out of being a good person and good family and good community then you could build the foundation to build good policy And I benefited from that. I showed up once at her house for a party, I was new to this whole community and the whole front porch was strewn with old clothes and boxes and I kept walking around, this can't be the right house.
And it turned out that she was gathering clothes and coats for the homeless and that was the price of admission so She really started by creating, her hearth was the place for really five decades in Santa Barbara County and Santa Barbara City that nurtured the progressive community. And we need to work with her husband Dick and with her sons Mark and Chuck and carry on her legacy and it's a proud one.
Thank you. And Supervisors Lavinino and Adam I know that you're probably hearing this news for the first time but Know that you have an opportunity to add anything or understand that you are still taking that news in, so. With that-
Now we appreciate it in much respect and I've had a chance to work with her son, and had a chance to meet her a few times. And just a lot of respect. Yeah, I think Supervisor Williams hit it on the head when she was a coalition builder and somebody that I didn't agree with on everything but she prodded me to move in the right direction and appealed to my The best part of myself, I guess.
Thank you very much.
You just gotta admire somebody that's that committed to a cause.
Thank you, Supervisor Adams and we are adjourned in Mickey's memory. Thank you.