UnGovr Transcript
iHow this transcript is madeUnGovr transcribes the official recording with automated speech-to-text, separates speakers by voice, and matches voices to the seated roster. Names and attributions are AI estimates and may contain errors.Verify any quote yourself: click anywhere in the transcript and the official video jumps to that exact moment, so you can check any quote against the recording.0:02 – 0:046 turns
Hello. I will call to order the July 7th, 2020 meeting of the Santa Barbara County Board of Supervisors. Would the clerk please call the roll?
Ms. Hartman? Here. Mr.. Mr. Lavinino? Here. Mr. Williams? Chair Hart?
The next item of business is approval of the minutes of the June 16th meeting. Is there any discussion? Do I have a motion to approve the minutes? Move approval. Second. Motion's been made in second, would the clerk please call the roll?
Ms. Hartman? Aye. Mr. Adams? Aye. Mr Lavinino? Aye Mr Williams? Aye Chair Hart?
Aye
Motion passes unanimously
0:04 – 0:0810 turns
CEO Miyasato is there a CEO report today
Good morning chair and board members. Yes, there is a two quick items one is just reminding the community that we are hosting six virtual community meetings this month on cannabis retail storefronts the first two were held last week Videos of each meeting are posted to the county's website Two more meetings are scheduled this week for community plan areas of Toro Canyon in Summerland On Wednesday and Orcutt on Thursday all meetings are scheduled to begin at 5 30 p.m The website includes links and phone numbers to participate in the meetings along with the presentation, the preview videos and links to interactive zoning and permitting maps. There's also a link for the public to submit questions or comments in advance. And the website is cannabis.countyofsb.org The second item I want to just remind everyone that We are accepting applications for the Citizens Independent Redistricting Commission.
As you know, Measure G established an 11-person County of Santa Barbara Citizens Independent Redistricting Commission to be commenced at the end of this year which will be tasked with adjusting the boundaries of the county's supervisory districts through an open and transparent process in accordance with federal and state criteria once the federal census data is received in mid 2021. Residents interested in serving Have until 5 PM on Friday, August 21st. That's August 21st to apply the ordinance qualifications and criteria are all on our website along with the application at countyofsb.org backslash redistricting. That's all I have chair.
Thank you. Madam clerk. Are there any announcements or changes to the agenda today?
Chair Hart and members of the board, I just have one quick announcement this morning. And that is to remind members of the public who are participating in our meeting today our alternative method of public comment for our board meeting as our chambers are still closed to the public. As you will see scrolling on top of your screen momentarily we have an option by phone if you would like to make a comment by phone please call the clerk of the Board at area code 805-568-2240 Again, that's 805-568-2240. And if you state your name, your phone number and which item you would like to speak on the clerk will call you at the appropriate time. I would also like to remind the public to please make every effort to be available and mute all streaming devices on their end once it is your turn to speak.
Thank you.
Next item is approval of the administrative agenda. Do any board members have any items that they'd like to pull off the administrative agenda?
None here.
Okay, thank you very much. Then do we have a...
Move approval of the administrative agenda.
Madam Clerk, you need to read something at the record.
Chair Hart and members of the Board, we do have one request on the administrative agenda by a member of the public on Administrative Item Number 41 And that is Mark Chantillo, and I will call him now. Administrative item number 41 is a set hearing request from Planning and Development. It is to set a hearing to consider recommendations regarding the county planning commission's recommended ordinance amendments to the County Land Use and Development Code, LUDC, and the Article 2 Coastal Zoning Ordinance, Article 2. To implement new development standards and permit requirements regarding certain commercial cannabis activities, which the board previously considered on June 2nd 2020 and June 11th 2020. This is a set hearing for our July 14th 2020 agenda date and it is estimated for two hours
0:09 – 0:1116 turns
Good morning, members of the board. This is Mark Cicillo. I wanted to just offer a comment and a request for item number 841. This is the set hearing for the cannabis ordinance amendments that your board considered on June 11th. This hearing is set for next week and I note that the board materials have not been posted or made available publicly yet. This puts the public and the community at a real disadvantage in understanding specifics about what's being proposed and in developing alternatives. And I would ask your board to make these materials available, post it available today if possible.
Normally they would be posted on Thursday. The deadline for written public comment is Friday at noon. So typically there's barely 24 hours for the public to be able to review and develop responses for your board And I think your board understands the importance of getting input from the community on all issues and in particular this issue. So, I would ask that the board direct staff to make this kind of information available more earlier in the process generally and for this matter to make it as available as early as possible today. Thank you.
Are there any other comments on the administrative agenda?
Chair Hart, members of the board that was our only request to speak on the administrative agenda. Thank you.
Can I please get a motion to approve the balance of the administrative agenda?
So moved.
Motion's been made. Is there a second? Second. Thank you. Any discussion? Would the clerk please call the roll?
Ms. Hartman? Aye. Mr. Adam?
Aye.
Mr Lavinino?
Aye!
Mr. Williams? Aye
I
motion passes unanimously
and I'm sure the staff will post the agenda items as soon as they are available. I see that director Plowman is here would you mind just we had a public comment asking that if it's possible to post the cannabis item sooner than the regularly scheduled time And I know your team is working hard to get that ready. Sorry to put you on the spot, Ms. Plummer.
No, Mr. Chair and members of the board. My staff is working diligently to get that information posted and we... The reason it wasn't posted as part of this set hearing is that we were working very quickly to try and come back before the boards break. But we will do everything we can to get it posted as quickly as possible. Thank
you very much. Appreciate that.
Agenda Discussionitems moved / continued / pulled, click to expand
Now is the time on the agenda for members of the public to speak on items that are not on the agenda. Are there any requests to speak on items that are not on today's agenda?
Chair Hart, Members of the Board we have no requests to speak on general
0:12 – 0:345 turns
public comment today. Thank
you. The next item is department item number one. Would the clerk please read that item into the record.
Chair Hart, 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.
Welcome Dr. DeRanosa.
Good morning. Good morning. This morning, I will be briefing your board on countywide data as well as giving you an update on the monitoring project status with CDPH. This graph describes our case status in the county for the last 14 days And I want to point out that there is a solid black line on June 30, denoting that this is when we did data migration from one database to another to improve our case investigation and to be in alignment with the state databases.
What's interesting or concerning is the upward trend in the number of total cases We started out 14 days previous on June 22nd at 2,446 cases and we ended on July 6th with 3,655. This denotes a 49% increase in our cases in 14 days. The second graph describes our new cases in the past two weeks, city by city. What is noteworthy is the trend for Santa Maria on 6-22 versus 7-6. That denotes an 84% increase.
The red line, which denotes the Santa Barbara trend and that is a 115% increase. So these increases are serious and concerning. I'd like to briefly point out the accessibility of data on our website. This is a snapshot of what's available on our website, we describe on a daily basis the cases, the new cases by the 10 geographic area, the confirmed cases The recovered cases as well as the active cases and lastly, the number of deaths attributed in each of those geographic areas.
This graph describes the hospital census. And as of yesterday, we have 69 patients hospitalized with 48 being in medical surgical beds and 21 being in the ICU. What I have introduced on this graph is what CDPH looks at when they look at our hospital census. So we might look at this graph and say, well there's only 69 hospitalized patients due to COVID so given that we have upwards of 800 beds in our hospital system, we're okay.
However, what the state does is that it takes into entirety the other beds that are occupied by elective surgeries, by other critical health care needs. So percent of medical surgical beds currently available is moderately concerning. It's at 33%. The percent of ICU beds currently available in our system is 49%. The number of ventilators currently available is 84%.
The percent of hospital with larger than 14 days of PPE on hand is only at 60%, and I'd like to pause here. When we were, when we saw that the 60% availability, we have submitted to the state for an additional set of PPE so that that particular hospital is adequately supplied. And we are working with that particular hospital just to make sure that they have what they need.
And again, we have 69 patients in the hospital. So the state looks at our county metrics and they have three ways to describe our metrics. One is less concerning. That means we're at the green. And when it becomes a warning, it's moderately concerning in the orange. And when it is serious, it is more concerning in the red and these are the descriptors that CDPH uses to describe our metrics. Our weekly community positivity rate hovers right at 8.3%.
And this is a snapshot of our status on the CDPH monitoring status. I'd like to go through the numbers, and then I'd like to talk about what the data means. So as of yesterday we have been on the monitoring status list for 21 days. We're doing well with the number of testing in our county at 238. However, the elevated disease transmission is at 207. Our testing positivity is at 8.3% and the increasing hospitalization, we meet the criteria at 9%. The number of ICU beds currently available is at 49%, and the number of ventilators currently available is at 84%.
So we look at disease transmission. We look at the average cases per day, per 100,000 population as well as our case rates and test positivity. So the state provides these metrics and this is how we are monitored through our reopening sectors. So these indicators tell us about the prevalence or burden of disease within our county and provides us with an indication of the volume of contact tracers needed to begin to box in the disease.
The elevated number of cases in our community is directly attributed to their freedom of movement as we reopened sectors, which provided increased opportunities for social interactions and gatherings Without physical distancing or face covering. Typically for each positive case, we can estimate up to 10 contacts so the average has been anywhere between 5 and 10 which will need to be investigated traced an isolated in order to break the disease transmission chain.
As of July 6, we have 398 active cases in our community. Currently our tracers are actively tracing 315 cases and 53 contacts. And I want to pause and just really acknowledge the incredible work that the disease contact tracing and investigation team has done. They have worked around the clock, without holidays and weekends, to make sure that we tackle the number of cases when they hit our system.
To address the current case rate and positivity, we have initiated the following actions. We have expedited the disease investigation process by assigning tracers to also do case investigation using the state sponsored CalConnect platform. We have 68 contact tracer, I'm sorry. We have 68 contact investigator contact tracer trained It's a new terminology that the state has given us so contact investigator contact tracer CICT as people transition to their previous job assignments we are additionally bringing we're adding additional tracers to continue the work in addition to that We have 15 contact investigator, contact tracers coming from the state this week. And another 15 following next week for a total of 30 additional contact investigator, contact tracers.
The expectation by this date is that our team will contact a case within three working days. Because of a current backlog due to delayed receipt of reports via CDPH reporting database, our current average is approximately 2.4 days after a case is received on our contact tracing platform investigated and contact tracing is complete. So even with the delay because of the incredible effort from our contact tracing team we are still Meeting the mark at 2.4 days on average, one staff can typically complete five cases including the investigation and all the contact tracing related to that case.
We now have enough tracers. We know we have enough tracers when we can beat even the state's expectation and Contact our cases within one to two days. So even though we meet the expectation, we hold ourselves to a higher standard and we hope to improve on that data. There's another reason contact tracing is so important. It gives us an indication of how disease is being spread in our community. From the cases that we have investigated, we see that 57% is related to person-to-person transmission, 1% is related to travel and 42% is community acquired.
The primary and most important mode of transmission for COVID-19 is through close contact from person to person. Community spread means the spread of an illness for which the source of infection is unknown. The cases are not sure how or where they became infected. So if you add the two percentages, 99% of the cases in our community became infected through coming into contact with a known case or exposed in the community to a case. What this means is that you must assume that everybody you come into contact is infectious and thereby need to take the precaution.
This means that you must wear a mask, you must socially distance, you must wash your hands and you must not touch your face. It means you must be sensitive to your surroundings and make smart informed choices about where you go and what you do. Reopening of business Not does not mean that the virus has been defeated. It means that we are working to find a balance in our community until virus is defeated, living with the virus established within our community means we must wear a mask and we must socially distance. We have no other defense at this time if we are to continue to reopen As a county, behavior must change. That behavior change will be seen in our disease transmission metrics and later in our hospitalization rates.
Hospitalization rates and capacity. Monitoring change to the number of individuals who are hospitalized for COVID-19 is another way to assess the burden of COVID-19 in our county. If more people are being hospitalized for COVID- 19, it is likely that the disease transmission is increasing although increasing in hospitalization rates are likely to lag by approximately two weeks. Unlike the case rates or testing positivity rate, the number of people hospitalized for COVID-19 is less likely to be influenced by how much testing is occurring. However, the number of patients currently hospitalized for COVID- 19 may be influenced by a number of factors such as age, race and ethnicity and underlying health conditions.
We are in daily communication with our hospitals and community weekly, with the hospital CEOs. And we are collaborating with our area hospitals for detailed demographics of COVID-19 hospitalized patients. We anticipate presenting the hospitalization data to your board in several weeks. Lastly, hospital capacity is a critical data point to track because it assesses our local healthcare system to care not only for COVID-19 patients but also the remainder of our community members with serious unexpected illness or those needing critical surgeries.
While the number of hospitalized patients are low at 69 patients yesterday taking into account that beds occupied by non-COVID patients This metric captures the remaining available beds should there be surge of patients needing to be hospitalized. Given the data, I'd like to now walk through what the Public Health Department is doing in partnership with our community partners.
We are doing extensive outreach as I mentioned previously. We are heavily invested in the Latinx and Indigenous Migrant COVID-19 Response Task Force This task force was stood up on March 24th at the beginning of our pandemic with our first meeting and previous to that with lots of planning. The task force is composed of a steering committee UCSB, Public Health, El Centro and our Language Justice Associate.
Since then the task force has formed a mental health working group to address unique needs in the community as well as the farm worker working group. These two working groups have an outreach and education component to make sure that community members are accessing mental health resources as well as the farm workers accessing resources. Through partnership with the various agencies on the task force, public health videos in indigenous languages were produced and amplified and transmitted by our partners.
Community grants have been obtained to support UCSB has a cadre of undergraduate students and graduate students supporting the effort through data gathering, and doing demographics, and GIS mapping, and assessing social determinants of health in particular in Santa Maria. And District 1 and District 5 staff have sponsored a public square equity project where there are, I believe over 10 language capacity among interns to do outreach and education particularly in Santa Maria.
In addition to that, We from the get go, we saw reports from other jurisdictions nationally and state about the disparate numbers in our black American community and Asian American community affected by COVID-19. We were approached by leaders in both communities about the need for us to also do prevention work, to also address disparities and social determinants of health. And we have begun that work. We have been meeting off and on and 10, we are planning to identify staff within the department that will liaison with these two communities in addition to continuing the work in our Latinx and indigenous community.
In addition to that, we have started meeting with ag sectors including the growers and the farm worker advocacy group. We have had I believe two meetings and I am joined in these meetings by our Ag Commissioner Kathy Fisher. Even though the state has offered us community testing it is restricted to three fixed locations So in addition to those three fixed locations, we have partnered with community healthcare providers and community-based organizations to provide focus weekend testing in Guadalupe and Cuyama. And we hope that these two efforts can guide and inform us for future testing sites throughout the county.
So along with outreach, we need to talk about education and enforcement. We have issued health officer orders and there has been a worry that who is able to enforce health officer orders? And Health and Safety Code 101029 provides broad authority for the sheriff and every peace officer of every political division of the county, meaning cities to enforce local health officer orders concerning COVID-19. So this gives us the bandwidth to be able to join in partnership to make sure that our health officer orders for sectors as well as the state health officer order for face covering and social distance occurs.
In addition to that, we have our environmental health services activities which means that our health Our environmental health services team has been out not only providing guidance, education for jurisdictions. For businesses that we typically have jurisdictional authority over but we've done it for all of the sectors. But in our normal course of business, we do go out to the restaurants, And provide that education and then progressively hold the places of business accountable to adhering to the social distancing and the face covering so that these sectors, these places can offer a safe workplace to their employees as well I am happy to report that Kelly and her team has been very strong in communication and partnership with the cities for their code enforcement activities.
So, that ends my update this week.
0:34 – 0:428 turns
Thank you Dr. Doronis. Are there questions? Supervisor Williams?
Well, I appreciate Flushed out information on the contact tracing, and I think that's enormously important as you indicate. Is it possible for you to sort of subdivide that information? And are we asking questions of the community transmissions like have you been to any of the following in You know, week or two whatever doctors feel is the highest likelihood incubation period.
So that we might be able to have some better idea where our trouble spots might be. I guess my concern is that without and I'm really happy that the department is moving towards targeting the populations that are getting sick the most, but the public dialogue really in my view could shift our emphasis away from where we're getting the most infections and to something else. Right? And so I would want us to be able to as much as possible let the public know where we think most infections are and why based on that contact tracing. So if it's possible to subdivide the successful traces and even the ones, the traces that lead to community transmission have some stats on have they been to a restaurant in the last week? Maybe even the level of detail.
Have you been to a restaurant outside in the last week? Have you been in a restaurant inside in the last week? You know, if you've been to a bar, if you've been to the beach. Because I think otherwise the public is very alarmed right now, understandably so because particularly how large of increases other areas are experiencing and then because we are also experiencing an increase.
And I want us to remain focused on Where our trouble spots are. And so I think data helps guide us where our trouble spots are, but also helps the public know where their emphasis should be as well. Is that possible?
So for our contact tracing, we along with 34 other counties are using the state platform. So that state platform is pretty rigid in terms of having very specific questions that all the tracers have to go through. But I'm also interested in finding out about The impact of different sectors. So I'll bring it back to the team and see what creative solution we can come up with.
Appreciate that, and then I wanted to ask you if you've been able to read this letter from cause. Some of these issues are ones that we've talked about before but given the high incidence Transmission among farm workers, some of these seem like pretty reasonable things if we have the power to mandate them.
Right. So I read the letter after it was sent to your board and I've had several conversations with Hazel DeVos, and I think that what we can commit to which is explore the H2A housing she has offered a webinar to our staff so that we can I believe it's scheduled for Thursday. Positivity rates among farm workers is concerning and it is seen throughout, I think our state and other parts of the country. And so public health is interested in partnering with the community as well as with the ag sector to see what can we do to change the environment? What can we do in terms of changing the policies so that farm workers can thrive?
Given the sweeping powers that the public health officer has, I mean would you not be able to require agricultural employees to notify workers in Spanish and indigenous languages about taking sick leave if they're entitled to even if infected? And arrange for more frequent testing and screening of workers particularly before an H2A project is occupied. That's within.
Your ability.
Yes, and I believe that that is currently being done by the growers, but that's something that definitely we can explore with County Council to make sure that our health officer can issue orders. And I'm not sure even though the growers I know that the growers have measures in place for to control The disease and to make sure that the farm workers have pathways. I'm not sure who's jurisdictional authority to enforce it, but that's something that definitely we can explore with our county council to see is if they add commissioner? Is it Cal OSHA or is it public health and what is the extent that public health can do?
Well, I would encourage you even if it's duplicative of state law in this case to do so because at this point. You know it's not like Cal OSHA has enough bodies to really enforce it very well and. This is obviously a trouble spot for us and maybe more worth the time of some people You know, a vector that is not creating as many cases as this is. So I you know and even if most employers are doing it, you know, I think what we've dealt with before you and I about this is uniformity in the industry right? That you know responsible employers are already doing this but there may be some folks who aren't right and so I think that's maybe my concern and why I would encourage you and the health officer to, even if it is duplicative of state law. Consider this because you at least at this point in time, I'm not sure absent of a public health crisis but at this time we have a better ability to enforce than the state does.
0:42 – 0:497 turns
Supervisor
Hartman?
I just wanted to mention that the dense housing situations are of concern. We've, of course, dealt with it at the jail, the prison, juvenile center, nursing homes but for farm workers, dormitories, students what are the best practices and what can we do to ensure that the best practices being adopted by landlords and others. So it goes across the board, and I think there are some legal questions and policy questions so I'm hoping we can work on that one.
Is there any other questions from Santa Maria?
No, not at this time. Thank you.
Thank you. The only thing I'd like to add then about outreach is that I appreciate all the things that you're doing and these are really important and they're delivering results But it's getting to me, in my mind it has come to the point where we should consider contracting with trusted messenger organizations to do additional outreach. There's only so many people that you have available to do this work and to organize these groups. And I think that engaging them formally in some fashion to have them have the financial assistance to do additional outreach. is a good idea at this point. You know, we're as Supervisor Williams mentioned, we have particular challenges in particular communities and communicating the vulnerabilities of individual populations to the virus.
And these are always challenging It's a challenging area to get the word out. And relying on trusted messengers and community organizations that already have those relationships, particularly in a crisis when we don't have the time to develop the expertise ourselves is really an asset that I think we should explore much more intensely. So I'd hope that you can consider that.
If that's it, thank you Dr. Dobermanosu. Appreciate your report. Ms. Anderson?
Good morning, Mr. Chairman and members of the board. We're here to brief you on a RISE business activity that has occurred since our last meeting with you for your board and the public. And I'll take just a minute for her to pop that up. So over the past week there's been quite a few changes indicated from the state that we've had to incorporate into our county Indoor operations were closed for dine-in restaurants, wineries, tasting rooms, movie theaters, family entertainment centers, zoos and museums and card rooms.
All operations were closed unless serving food as a meal within transaction for brew pubs, breweries, bars, pubs and lounges. Additionally, the state added recreational team sports to their not permitted list. That was previously not listed on any category. The public health order change that supported the indoor and closure of the bar sectors was the County Health Order 2020-12.3 and that was issued July 2nd.
We did want to clarify some amended guidance specifically for the beverage industry. Our beverage industry includes wineries and tasting rooms, brew pubs, breweries, bars and lounges. There is a distinction however. For wineries and tasting rooms it is closed to indoor operations. Outdoor operations and pickup are still permitted but they are not required to serve food with their transactions.
Brew pubs, breweries, bars and lounges are different. They are closed to both indoor and outdoor operations unless they're operating with serving meals in transaction, very similar and consistent with dine-in restaurant guidelines. They are being allowed to have temporary emergency food permits from the Environment Health Department, similar to what wineries and tasting rooms were allowed several weeks ago.
So they can contact the EHS department. We do have this on the website, the application in order for them to do this. So where are we at now? We are still under stage three, but we're modifying it weekly. Now can't quite see it, but everything in red is indicative of additional guidance from the state. So this is just indicating that we do have a change in dine-in restaurants under stage two and we are now bifurcating essentially the stage three and stage four sectors.
Just a reminder to your board and the public, we do have a living document with the rise guide. And that has changed one to two times a week depending on what activity is going on at the state level. We are on our website allowing for businesses to continue to self-certify depending on when their sector is open. Additionally, for example of our sector who may have to now self certify under a dine in restaurant criteria. Businesses are required to review the state and local guidance, complete the prevention plan and self certify that they can open safely.
So our numbers now are about 3,533 for the countywide. Predominantly in the city areas and we do have some that are incorporated. The largest sectors are continuing to be dine-in restaurants, retail and office workspaces countywide Our RISE ambassadors continue to be out in our community and are assisting now some of the city teams in order to get trained and provide that training and education out to our businesses, and it's been very popular throughout the community.
We also have our Small Business Community Partnership Enhancement Program. This is your board approved two ways for businesses to expand out into their surrounding area. One through public rights of ways another through private property. We have had some interest especially now that a lot of dine-in restaurants and other facilities are closed to indoor Facilities so moving outside makes sense for some of them In regard to the private property in parking lots, we know that some have taken advantage of that However, they aren't required to notify the planning department for about 30 days So we know that those will be coming in soon All of this information and information for the businesses are available on our RecoverySBC.org website. It's continually updated, and we try to provide the most current information that we can in order to keep businesses apprised of what the changing issues are.
Here's some of the contact information. Our environmental health team that has led in really answering a lot of questions in our gray area at ehsadmin at sbcphd.org, very responsive and have been phenomenal in responding to our business questions. With that I'm happy to answer any questions you may have.
0:49 – 0:5921 turns
Are there any questions for Ms. Anderson? I had a question just about,
oh
no go ahead Supervisor Lavinino.
Thank you Mr. Chair. I appreciate all the great report. Just a question that I've been getting from different business owners up here is are we looking at other type of permit relief? Anything that, and I know we've done as far as expanding into public right of way. But just overall even as low as talking about replacing people's water heaters that we have a fee on top of.
As the county as a whole looking at just all types of fee relief reductions You know, as we go through a time when people are really struggling. And I don't know if that's really under your purview Nancy or if it's something we've got to discuss on a broader level is the board but there's just a lot of business folks out there that are you know struggling to keep their doors open and be nice to have a plan of attack of how we can while still You know, maintaining our integrity of supporting the taxpayer. But we've also got to look at ways that we can help out in this situation.
Supervisor Lavinino through the chair. Great comments about that so we can certainly look and see what some of the other counties and jurisdictions are doing. We have so far been fairly consistent with our cities but that's a great idea. We can certainly look into that.
Thank you very much.
Thank you, Supervisor Lavendino. I had a question just to highlight there was a lot of confusion at the end of last week with the beverage industries and the state guidance. And I think it wasn't clear to the public that the state changed its guidance multiple times in very short period of time And if you could just explain that and kind of put a highlight on the complexity of what we're dealing with, and how quickly the state is issuing guidance. Changing that guidance and expecting us to be able to turn around that instantly to accommodate the needs of local businesses. I'd appreciate that help.
Chair Hart, I think if Dr. DeRuonosa can respond to that there she's in constant contact with CDPH and she can give you a flavor what that was like.
Yes, so there was a lot of confusion because it went from a Sunday night call on the list of expectations from the state to when the actual guidance. The first guidance was set The guidance that was sent to us confirming the change on Thursday night at 10 PM and so we quickly, so the previous guidance said all bars. And
even that word guidance I think is confusing because it isn't guidance. It's mandate from the state and so all of these words add to the confusion of the public. The governor goes on television And has a press conference at noon on Thursday and says words that are easy to understand bars and when restaurants will be closed
right
then later that day you actually get. The mandate that comes from the State Department of Public Health, it turns those words that are English into legal words. Right. That are more precise and go ahead with the rest
of the story. Yes so that legal letter said that all bars brew pubs operations both indoors and outdoor operations must cease. So in writing the health officer order we looked at what was previously Issue that made the allowance, but you know if food dine-in food options are done then they can open But with the latest it did not have that pathway so County Council and public health Debated that issue and we finally said the state said All operations indoors and outdoors must cease.
And so we issued the health officer order, and ABC had reached out to industry leaders and said no, I think we'll change. We'll make that allowance still happen but CDPH did not communicate that to us until Thursday night at 10 o'clock. I know because it was one of those rare nights that I went to bed early and I woke up and I'm like, oh my gosh something came out while I was asleep. And so we quickly pivoted environmental health in working with Nancy and we thought what is the most reasonable way that we can accommodate?
We had made that allowance, that pathway. We issued a letter to our beverage industry leaders and engaged Nancy in that messaging as well, as well as our JIC in doing that. And so we were able to reach to our community and make that allowance. And yesterday we cleaned up and amended our health officer order Thank
you for that. I think that does not get communicated clearly to the public about how difficult this is to respond to the mandates from the state. And how in this instance there was no advance warning, there wasn't consultations from the California Department of Public Health that these things were going to happen. Absolutely understandable given you know how dynamic the nature of this pandemic is and you know the governor's looking at a lot of different inputs around the state and all of those folks are understandably concerned as different circumstances in different states but or different parts of the state but You know, I'm sure people who are not involved in government think that this is all seamless and it's easy. And that the state mandates are clearly communicated to local governments that are easily executed.
That is not the case. This is extraordinarily not that system. And I think that that's important to communicate to the public. That we're doing the best we can in rapidly changing conflicting Advice from different state agencies, not even advice. I fall in that same trap too. Conflicting mandates from different state agencies on the same subject at the same time that have to be resolved.
And all the counties are facing the same thing, and all of the county public health officers are communicating to the Department of Public Health about these challenges.
I think what made this situation difficult was that it came on the eve of a holiday weekend and so the staff on Friday had it off. But our environmental health services staff were amazing. They came back and did the work and transmitted the change that morning.
Good, well thank you for that. Supervisor Williams and then Supervisor Harmon?
I was just going to say that I think that's so important for people to understand This is extraordinarily ad hoc. If I could sum up, you put it so much more in a fun way and I love you more every day for it but it's like it's very ad hoc. It's like we get this and people think we might get it in writing before it's on a press conference but we don't. Yeah,
well said. Thank you. Supervisor
Hartman? Mr Chair I just wanted you to add if we don't comply with the guidance mandates then there are serious consequences to our county and you can elaborate on that but I just wanted to say I don't think we can say enough but we're hearing such wonderful things about our public health department And our RISE program, the ongoing nature of this makes it really, really hard. And you keep stepping up, your staff keeps stepping up and people really appreciate it so thank you. Thank you.
Thank you for that. Yes there are significant, Mr. Gazzani I think you were poised and ready to talk about what the state has as an enforcement tool.
Well, I think it really goes into two categories. Hard to say which is most important but from the business perspective if the county does not go through its own local health order process the state public health officer puts out her own order which is actually much less agile in reopening so it's another thing that has to change before we can reopen And that's been the experience of some other counties around the state when they didn't move quickly enough with local health officer orders to adapt to a changing mandate from the state. The state issued its own mandates that then need to be undone before you can then further loosen when the conditions improve. So I think that the approach that Santa Barbara County is taking although more labor-intensive is actually Provides quicker results on the ground for reopening.
That's probably the one of them The two factors the second is that the cares act which is the federal statute as implemented through the California Budget Act has some pretty strict language in there about following these state directives whether called guidance or mandates and And that there is the ability for the state to remove funding for the county based on that. It comes out of both the budget act and also some of the health and safety code statutes.
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Makes a great point. Last week we had the two orders, we had the closing of restaurants indoors and again the state was going to do that and they were gonna issue their order and by acting quicker here locally and having a local public health order that can conceivably be lifted sooner than the state guidance would depending on our local circumstances as it's turning out you know it's probably not likely to happen but it gives us a tool and that's an important part of this to be responsive to local needs And also, similarly the same thing with the bars and restaurants. Had we let the state adopt a statewide order, we wouldn't have had the flexibility to make the adjustments that you were able to make over the weekend or for the last three days.
Another point that I think is really important macro point is the situation with testing locally. And I don't think it has been clearly communicated how difficult it has become to get results back from the state's testing process. They have set a system which makes perfect sense. We want to have testing, we want to be able to have community surveillance of our circumstances and be able to have accurate information and communicate through the state and have that information for you to do planning, to do outreach to the right neighborhoods. But our system now at this point has gotten so delayed, the state's system not our system but The labs that the state is funding and operating are backed up now to the point where I think it's a week to get results back.
Is that right? Anywhere from five to eight days.
Yeah, and then I don't think that has been communicated clearly to public either. This is the State of California operating these testing facilities in our county in cooperation with your department trying to help facilitate that make that happen but this is a turnkey operation that comes from And that is making it extraordinarily challenging in the contract tracing efforts, because you're getting results back too late to be effective. And that is something that is not the county's responsibility. It's not a function of us taking the responsibility to communicate to the public that we need more testing done. We want our community to be tested. We want people to have an opportunity to get tested.
Independent of the state that is our community's need and expectation. And we're working in partnership with the state, we expected that they would be able to fulfill their part of this equation and that hasn't happened. And I think it's important to say that out loud for people to understand where we are and there's a lot of reasons for that. It's not that they're arbitrarily not helping us, it's because tests have become limited again. We're in that situation, we've got a global pandemic, States all around the country. The system of providing tests is getting wobbly again and it's not Santa Barbara County, it's the state of California in the United States and other places and that has not been communicated clearly so I want to make sure that folks understand where that responsibility lies and where the solution to that lies you know and its fundamentally A problem of our public health system in the United States that relies on private companies to do things that other countries don't do through the private sector, that rely on businesses that operate under their own economic demands to operating these testing facilities.
And we are responsible to them because they are determining what resources that they have, how they're being used. And even simple things like, we've been doing this now as a country for three months. The equipment necessary to maintain these tests and have the tests happen is breaking down because it was never imagined to be operating 24 hours a day, seven days a week for three months. That was not how these machines were designed to operate. They can't operate like that and you know we don't have a national strategy to address that problem and to make that work seamlessly for every community. So I just want to take this opportunity because these things have been out there in the public discourse, and I don't think we have put a laser beam on them like we should.
There wasn't even a question in any of that. That was a rant.
I had an opportunity, Senator Hannah Beth Jackson called and she was also worried about the length of time that it was taking for our community members to receive their results. I was able to share with her and diagram out Each part of the process and what it took and the length of time that it took. And she took down the notes, and she said that she would advocate on our behalf.
But I think the other part of the lengthy delay in testing that is not widely known So we get data dumps from the state test results. But yet, we also have an expectation from the state that we need to complete the contact tracing within three days of receiving notice. And so we could get on a Monday 500 cases dumped from the previous week. And our amazing team will work, and we will galvanize and pull people who have been trained to do the work. And they'll do it around the clock until we can get it down to a manageable size. So the testing delay, the data dump, and still be able to do the contact tracing from beginning to end and close in 2.4 days is an amazing feat.
Yes, it is. And it's also- Mr. Chair? Yes, Supervisor Adam.
Yeah, I just wanted to weigh in regarding your rant critical of companies private companies efforts to do the testing and all the other things that they do. You know except for all the other systems ours is the worst and you know we have a A system that's not designed to manage pandemics, really. I mean under normal circumstances it's a hell of a system. It isn't perfect but no system actually is.
And I think that we've had more medical innovations invented in the United States because it wasn't under government control than any other country. And we've probably made quite a lot more inroads in drug development and all kinds of other things. But I think that to think that if the government were in charge of all this stuff, that it would be better is naive at best.
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Supervisor Williams? Well, that's not what I got out of Chair Hart's rant. And even to call it a rant, I think devalues the importance of the frustration because I'm inspired to chime in, in that I don't want all of this complication and this frustration and the sometimes daily press conference cycle. Not your daily press conferences but maybe the state's or to keep your focus off of the areas of greatest transmission Or even last week, where public opinion was.
We should address the things that the public is concerned about but I don't want it to take away from the department's focus on where we're getting the most transmissions. So if you have data that points clearly in directions for greatest transmissions, I just wanna implore us to remain focused on those areas of greatest transmission and not to get sidelined by whatever is happening at the state or even what is happening on Facebook to keep us away from getting the job done. Or more likely just making us spend more time on what may be Fifth biggest reason and not the first biggest reason that we have a large number of transmissions.
Are there any other questions or comments or anything else? All right, well I think that concludes this report. Thank you very much for all the information and clarification and do we have a motion on this item? Excuse me we have public comment of course yes.
Yes Chair Hart and members of the board, we have five requests to speak on this item and we are going to the phone to begin with Robert Cumming to be followed by Hazel Davalos.
Yes, good morning Council there. My name is Robert Cumming. I'm a certified advanced rolfer and a certified massage therapist and I've been living and working in Santa Barbara now for the last 12 years. I run a spa along with a number of other colleagues downtown and it's just really taken me aback that the public health officer of Santa Barbara has opened up Our kind of personal health care businesses, or any of these businesses involving one-on-one services like tattooing and salons.
And of course the spas that he's opened these back up as of what has been just a few weeks during this national upsurge in COVID-19 cases nationally and locally throughout this whole State of California. You know the day that he opened it up, I'm having colleagues of mine tell me well at the spot we've had to cancel sessions because clients are calling in telling us they just contracted COVID-19 and so The very day he opens it up I'm hearing all this you know and there's an upsurge of cases.
So here we've been in quarantine for like three months and you know, having the businesses closed and not working but so it just makes no sense to me that all of a sudden the public health officer opens up these businesses during an upsurge of cases while we've been spending three months in quarantine trying to avoid Spreading this into the community. And I'll just tell you, personal one-on-one health care services like this, you're dealing with people that are coming... You know, they're in town here in Santa Barbara but they're coming from elsewhere from all over the place and they come as tourists here in Santa Barbara and they could be bringing in anything. And of course with COVID-19 it's... They could be asymptomatic And they could give it to one of our therapists.
Therapists could be passing it on to others. It's just not a good situation and you know, I've been seeing that the COVID-19 cases have been going up every day. We have clients that are nurses at the local hospitals and they're telling us that they have a lot more people that they're having to deal with So that's my greatest concern is that this has been opened up for these kinds of businesses here in town. Now I know the governor has shut down the restaurants and indoor businesses again, yet again these personal health care services are open.
And get treated by another massage therapist or any of these kinds of services when I know that they've been seeing all kinds of people from everywhere, coming from any possible locations and possibly contracting this virus. So I just don't think it's a very good thing.
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Thank you, Mr. Cummings.
We will now go to Hazel Davalos to be followed by Anna Marie Gott.
Hello, board. My name is Hazel Davalos, Organizing Director with CAWS based out of Santa Maria. My organization in partnership with MICOP sent you a joint statement last week because we fear things could get much worse for farm workers if the county doesn't act quickly.
Specifically,
we'd like to see the County Supervisors, Public Health Department and Agricultural Commission take steps to increase regulation of the ag industry Ag is the largest employer of essential workers in our county and if we're going to get serious about stopping workplace transmission of the virus, this is the first place you should look. Last week there was a major outbreak in Ventura County where 176 out of the 200 H-2A farmworkers housed in a Ryder owned facility tested positive for COVID-19.
This really shouldn't come as a surprise when you have people living in dormitory style housing the risk of spread is great I come today to ask you to heed this warning. Two of the company's housing workers at that facility, Elkhorn and Royal Oak, both have operations in Santa Maria. And Santa Maria is one of the number one destinations for H-2A workers in the state. We are literally a ticking time bomb.
Please review the proposals outlined in our statement which include reflecting the Board of Supervisors to direct Ag Commission to require agricultural employees to notify workers in Spanish and Indigenous languages Not only about the sick leave they're entitled to if infected, but also to arrange for more frequent testing and screening of workers and put an end to retaliation against workers who speak up about the need for more safety protocols.
We'd like you to direct public health to increase inspection and enforcement within the ag industry. In particular we'd like to see the implementation of a bathroom water inspection program as well as the department setting higher requirements for H-2A housing. CAWS has had a positive alliance with the Public Health Department over the last several years We've been impressed with the Latinx Indigenous Immigrant Task Force they developed in response to COVID, and we are confident that with some direction the department will do what's best for the community.
Finally, we'd also like to ask you as a board to revise your agricultural employee dwellings policy developed a couple years ago to state that if a grower wants to house H-State workers in the county unappropriated land, that they must provide a COVID safety protocol plan Have a public health officer walk through their facility prior to housing workers, and require that employers test H-TRA workers upon their arrival to the country.
H-TRA is a federal program and it's hard to find where local government can regulate but this is certainly one space where you all have already put that into practice and it is an opportunity. Taking these steps right away is crucial. We have approximately 2,000 H- TRA workers in the city of Santa Maria alone and many companies bring in a new group of workers for the fall harvest We need you to act now.
Thank you.
Good afternoon, supervisors. There's a few things that I would like to point out and just see if maybe the public health officer would be able to address these issues. One is the fact that we are seeing a greater incidence of younger people who actually have COVID. And a lot of it is because of their irresponsible actions and lack of wearing masks. And I would like to know what type of outreach We're actually doing here in the county to try to dissuade young adults from participating in these types of activities. A lot of it has to do with parties and very large social gatherings.
The other is, there's increasing discussion of COVID being airborne and the lack of ventilation in some office buildings That may actually be helping to transmit the virus. Governor Cuomo in New York actually is not allowing a number of businesses to reopen unless they do something about their air filtration systems and their heating and air conditioning that they actually have for large businesses.
I personally, as some of you know, have a family member who has been receiving cancer treatment The last two times that we've gone to USC, we have been in areas where we have a number of nurses that have come by and they actually take photos of some invoices that I have on my phone because they are interested in the goggles that we are wearing. I bought those goggles for us to go into the building because we have been hearing about the transmission of the disease and the availability of the disease to actually be caught through your membranes in your eyes.
I find that really startling, and I would like to know what The Public Health Director, it has any contingency plans with regards to air filtration or the fact that I've got nurses coming up and taking photographs of the invoices that I received because they're interested in the goggles that we are wearing inside of a hospital. Are other people actually even talking about this in public health?
The next thing is if the public health officer has so many wide sweeping ability to mandate to enforce, I wonder if they have actually spoken to the police officers and the police department and actually required the enforcement of social distancing. In the city of Santa Barbara it's frightening to go down State Street and walk on some of Because now we have about two feet, maybe in some cases to be able to socially distance.
Social distancing is six feet however there are pathways down State Street that are four feet and actually now even smaller because of...
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We will now go to Brian Catan to be followed by Terry Strickland
Yes, thank you. Thank you to the supervisors for giving me the opportunity to speak today. The reason I'm calling is regarding the COVID crisis that we're having in California and in Santa Barbara County. The reason that I'm calling is just a couple of concerns that I noted over this last weekend and I didn't really travel outside of the city of Santa Barbara Because I don't really do any non-essential travel if I can avoid it.
But a couple of concerns have occurred in the last several weeks and are still occurring in the City of Santa Barbara, and I've heard about them elsewhere in the county. The main concern that I've had is that even though it's in the County Public Health Order And it's a concern that I've seen in the LA Times and in several other states. It's a concern about the raised valve masks that don't allow any filtration on the exhaled air when people exhale through the mask, and it's in the county health order that they aren't allowed.
And the LA Times article and several others even mentioned the N95 masks as does Samsung Clinic here in Santa Barbara And also several other places. And the problem is that all of the signage I see doesn't mention anything about that, and several of the people that I see going around as well as several employees in the city of Santa Barbara and other places, as well as tourists are still wearing these masks.
And it's a great concern to me because it kind of devalues the whole purpose of wearing the masks when these masks are used. So that's my main concern. The only other issue that concerns me is over this last weekend in the city of Santa Barbara, I ran into a couple of businesses that weren't following the governor's and county's recent mandate. That even knowing about it we're still allowing in building dining and drink service And even when mentioned about it, they totally ignored and knew about it and were doing it anyway.
And there doesn't seem to be anyone... I'm not sure who to call or who to notify especially on a holiday weekend when situations like this occur because it seems like no one is actually able or willing to be the ones to enforce or do any actions when violations occur And I guess I'm just concerned because I don't know who to notify when violations occur, especially flagrant violations when they know they're in violation and they do these things anyway.
And thank you for your time and just wanted to bring these concerns up and hopefully find a way of finding out who to contact when the violations occur So that you can be notified, or the City of Santa Barbara can be notified so that action could be taken. So that we could all be a little bit healthier and safe in the county and the city of Santa Barbara. Thank you for your time and have a great day.
Thank You Mr. Caltrans
And we will now go to Terry Strickland to be followed by Ronnie Melton who is our final speaker
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Terry Strickland. So I'm sure you've all heard from your local business community, but I thought I would weigh in here and just give you one more opinion. It's difficult to understand these new mandates and giving small business one or two day notice to implement these things was really unbelievable. But The business community has jumped in and done what they need to do. I mean, dining restaurants were following original guidelines. All the ones I know, all the ones that I went to and friends of mine went to, you know, they removed tables or keeping patrons six feet apart, staff and customers are wearing masks, you know? And then all of it gets shut down again. Now these struggling businesses are having to spend thousands of dollars We're going to be looking at ways that we can serve customers outdoors.
Which isn't easy in the food business. You've all seen tense going up in restaurant parking lot. That's had a very high cost to businesses with very small margins. Contrary to what chair mentioned, I don't think it's Silly to think these decisions you make are easy. But this is what you get paid for. Keep in mind that you all have continued to get paid, not the case for small businesses and their employees.
And you don't have to call your employees people dependent on the job you supply to them and tell them once again that they're out of work. Then again we have no idea how long the governor will keep this in place Remember, many small businesses will go out. They will go under because they're barely holding on now and this is all through no fault of their own.
Thank you.
Thank you Mr. Quinn.
And we will now go to Ronnie Melton who is our final speaker. Chair Hart, members of the board. My apologies that is Ronnie Mellon who was on the line. Hi
I have a bunch of questions and it has to do with testing which we don't even know which test is the accurate test. Hi, back again. So my question is really a bunch of questions about the testing. I hear that testing is accurate, it's not accurate, there's all kinds of opinions. Is there one test that has a name or something so you know that you're getting the test that is most accurate?
And then even if you do get the test, say you get tested on a Monday and you test negative And the next day you're with people who have it and you get it by Wednesday. What does the test really tell people? I think it gives them a false positive that somehow they're okay when it doesn't last for 24 hours necessarily, and or you'd have to get tested every two weeks, and or like they do at the White House tests people every single day in order to know if there's really a problem. So my question is, is there one test that is the HACME test or whatever name it would be given that people can recognize that they're getting a test? Because I know several people, friends of mine who have gotten tested and later found out that the test was not accurate.
That it was a test that they were experimenting with or something. I don't know. So that would be something I would just put out there. You know, I can see if you go tested to get tested. If you have some symptoms that they could tell you maybe you have the flu or maybe you have the COVID-19 but if it if he tests negative and you're one of those people who will always test negative what good is it do?
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Thank you Miss Mellon. That concludes our public comment.
Chair Howard, members of the board that is correct. That concludes public comment.
CEO Miyasato?
Supervisor since there are some questions about where to contact us for potential violations I just want the public to know on our recoverySBC.org webpage recoverySBC.org there's a section called reopen your business it's on the left hand column. Reopen your business scroll down there there is a button you can push that says report a potential violation That comes to our staff and then also gets sent off to the correct authorities involved. So it's a orange button report of violation on recoverysbc.org on the reopen your business section.
And then, um, the point the person Mr Katan I think made about the N95 masks with vents that's true. That's a problem people shouldn't have those masks. It shouldn't be using them. I know some people have disabled those events but His point that those are not helpful, that those are potentially exhaling the virus is absolutely right. That's the simple cloth mask that every one of us keeps around and people in the audience are wearing is our most effective tool. We don't want to be using N95 surgical masks for the general public because there's a shortage of N95 masks for Hospital workers and healthcare providers.
And yes, Mr. Glenn, the notice from the state that we had to close down restaurants was too soon and too quick and very difficult for restaurants to respond to but that's the reality of the situation that we're facing and that is a extraordinary burden on local businesses and restaurants. Mr. Cummings' concern about the safe operation of personal services businesses Is a legitimate concern and it doesn't sound as though he's going to reopen his business. Others are taking active steps to manage risks and do the best they can, there is no perfect solution that is 100% protective of everybody in the community. The simple things that everybody knows now I hope by now and is doing wearing a mask washing your hands not touching your face and Staying six feet away from everyone is all we can do and that's the best we can do.
And if we all do it really, really well, we're going to make a difference. And if we don't, we won't. So it really isn't the systems and the regulations, it's individual personal responsibility and behavior that is going to determine what happens with us. Supervisor Williams?
Well, Mr. Chair you have the highest retention skills of the information at Public Health. That was awesome that you were able to respond to all except for you missed one which was the testing question so I just wanted to ask that of our public health staff. I think the member of the public was maybe referring to serology testing but could we just explain what tests are better than others?
Are concerns with serology testing and maybe their accuracy and their ability to give, or the danger of giving people a false sense of confidence?
Yes. I wasn't sure whether she was referring to the serology test or the PCR so-
Maybe I should just break it down.
Right.
Is there any hierarchy in the accuracy of the different PCR tests and What is your opinion of the serology tests and explain what that is? Sure.
So the PCR test is where, what we are doing it is the gold standard for the test whether a person has the virus in their body at that point in time. So she is correct in saying that if you test PCR at our community testing site and if it turns out that you are negative, you are negative only for that point in time. Sure the next day when you are exposed to a positive person, you may very well have been exposed and the next time you test that could be positive or negative. So it is really a point in time testing and it does offer some a false sense of security. It doesn't mean that you will never get it It just means that moment in time you don't have the virus in your body. The serology test is a test that indicates whether you have had the disease, so it shows up as antibodies.
And so for the most part those are accurate but we are not using serology testing for diagnostic purposes.
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And just maybe you could explain why we're not using it.
So for treatment purposes, what you want to do is does this person have the virus in their body? So that is the gold standard by which CDC and CDPH has issued for our healthcare system. That in order to treat a person, to make that diagnosis whether they are infected, you use a PCR.
And then the, I guess the ancillary question she asked was why then we don't test every week or every day. And the reason is because we want folks who are at greatest risk to test more often not everyone because they're the backlog in tests and testing is so large.
Right? Absolutely. We want to make sure that our essential workers in the hospitals, in the clinics are first responders people who have a greater exposure risk are the ones who are getting tested.
And then one last question that came in in a letter that you could answer later if you can't answer now but just the question is how many of our Cases in our hospitals are out of county patients.
We're getting that information, there was at a previous press conference the reporter asked if we were inundated with people from Mexico who had been transported here and the answer is no for the whole duration we've had four and those have all been discharged
great Thank you, Dr. Gervinessa. Supervisor Hartman?
Since we're talking about testing, I just wanted to ask if we're pursuing what seems to be happening elsewhere where they're collecting samples from multiple people. Testing once seeing if there's a positive and then only doing individual tests if there is a positive so if you have congregate living or something else everybody can come in the morning give a sample and you test once.
If you have a positive then Further test it's a way to given we don't have enough tests. It's it's a way that's being developed To not have to test everybody every day And I just wondered if for exploring that So
that is what I believe we are doing in a congregate setting. When we have a positive, we isolate that positive and then we continue testing until... but we do test everyone until there are no longer positives. For surveillance in a skilled nursing facility, I believe what you're describing is what the protocol is for a skilled nursing facility. I'm more than happy to bring back our testing protocol in skilled nursing facilities if you'd like.
Well, only because it may be relevant in dormitories or farmworker housing and other things.
Right. So earlier you mentioned what are the best practices for safeguarding members of congregate living spaces? So that could be something that I will present next Tuesday.
Thank you Dr. Donoso. Any additional questions or comments? All right well again this concludes this item is there a motion?
Move to receive and by second
motions made in seconded roll call please
miss Hartman I Mr. Adam. Mr. Lavagnino.
All
right, Mr. Williams chair heart motion passes unanimously
we'll take a 10 minute break back at 10 till
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you Hi. You. Hello, everyone.
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Reconvene the Board of Supervisors meeting and
the next item is Department Item Number 2. Would the clerk please read that item into the record?
Chair Hart and members of the board, departmental item number two is from Community Services. It is a hearing to consider recommendations regarding the 2030 Climate Action Plan.
Welcome.
Good morning Chair Hart, members of the Board. Since we last provided an update on the Energy and Climate Action Plan, we've had some staff changes. I'd like to introduce Garrett Wong who we've brought on as a climate program manager If the board approves today's item Garrett will be leading the energy and climate action plan update for 2030. He has experience previously working on the Climate Action Plan for the City of Santa Monica and he will be providing today's presentation.
Mr. Wong, thank you.
Good morning Good morning, Chair Hart and members of the board. And thank you Ashley for the introduction. Again my name is Garrett Wong and I'm the Climate Program Manager. Today our board letter is to provide a recommendation to select Rincon Consultants as the consultant that will assist staff in developing the county's next climate action plan, as well as the budgetary authority to do so.
But before we do so I'd like to provide an overview of the previous actions that this board has taken and the direction that has been provided to staff. This will also be followed by a high-level overview of highlights of activities that have been implemented to help meet the goals of the Energy and Climate Action Plan. And then we will cover a brief overview of reaching our 2030 goal, to reduce carbon emissions 50% below baseline.
And then finally I'll share an overview of the scope of work that we intend to accomplish in order to deliver the 2030 Climate Action Plan. So previously this board has established the county as a leader in sustainability by adopting an aggressive goal to reduce unincorporated county carbon emissions 50 percent below 2000 levels by the year 2030. We would like to note that we now recommend using 2007 as our baseline year given that there is not adequate data for establishing a 1990 baseline However, we believe that this will not create any challenges in terms of accuracy or aggressiveness in terms of the goal still that has been set.
Mr Chair?
Yes Supervisor Adam.
I just want to know the state's year that they started with is 1990, is it not? That's correct. Well, don't you think that we should keep it consistent with state law?
The state as well as jurisdictions have gone back and forth between using 1990 as well as 2005. But state guidance also recommends that jurisdictions use whatever data is most readily available. And for the county, the year 2007 is the year that's most readily available from previous inventories so Doing so would really just be more of an administrative burden to establish that baseline. And I don't really believe that it would create a material difference in terms of the goals that we've already established.
How about the baseline? Isn't the baseline going to be significantly lower in 2007 than it was in 1990?
Excuse me, I don't think we can say that for sure because we haven't been able to access 1990 data. That's part of the reason why the state provided local governments with the ability to have flexibility so we've been using 2007 since the first iteration of the ECAP that was approved in 2015. So we're completely within state guidelines to use 2007 as a baseline.
Well, that may be but I think that represents a significant shift of the goalposts.
The other thing I would like to add, I think as we go forth beyond 2030 that the ultimate goal for the county as well as the state and the world over will be to achieve carbon neutrality which ultimately would mean zero or net-zero carbon emissions so you're no longer establishing a goal based off The past, you're looking forward and trying to essentially eliminate or mitigate all greenhouse gas emissions. So relative targeting is not necessarily going to be relevant in the future but in terms of having near term targets like for year 2030 or 2035 it still makes sense to use.
So in terms of updating the energy and climate action plan, this board has given direction to employ a regional approach. And to include resiliency as well as provide regular progress updates on a three year cycle. We'd now like to recommend that we rename the Energy and Climate Action Plan to simply the 2030 Climate Action Plan. This would align with the naming convention utilized by other local governments.
This board also took further action to acknowledge the urgency of the climate emergency by adopting a non-binding resolution late last year. So now I'd like to provide you a brief update of several efforts that are underway since the last update provided to this board, that will continue to reduce emissions as well as establish momentum in further reducing emissions in the future.
So in the area of clean energy, this board adopted the strategic energy plan which would expand the use of solar energy on both county facilities as well as utility scale solar on private lands. Staff are working to develop an energy assurance plan which would identify critical facilities and assess potential for energy generation and storage systems to meet backup power needs.
In November, late last year again the board also approved the Joint Powers Authority agreement to join Monterey Bay Community Power which will soon be named Central Coast Community Energy. And all cities with the exception of Buelton and Lompoc and Santa Barbara have voted to join Monterey Bay Community Power Staff anticipate NBCP will launch its service to both residential and commercial customers over the course of 2021, which would essentially eliminate the majority of emissions associated with electricity consumption.
In collaboration with Ventura and St. Louis Obispo Counties, the Sustainability Division has launched the Tri-County Regional Energy Network also known as 3CREN to provide tailored programs and services to increase energy efficiency in both new and existing buildings. 3CREN has initiated trainings, programs for contractors and building professionals to help increase compliance with the energy and green building codes and to expand the market for high performance buildings.
Recently, 3C REN had launched the Home Energy Savings Program which was originally supposed to be an in-person direct install program for low income customers but has now pivoted to virtual home assessments with DIY energy efficiency kits. In the area of land use, housing and transportation, the Public Works Division is seeking to apply for two active transportation program grants over the next three months In the areas of Isla Vista and Old Town Orchid to expand infrastructure for both pedestrian and bicycle access.
The Public Works Division is, the Transportation Division is implementing community outreach and engagement to inform those applications. The Long Range Planning Division is also now developing new VMT or vehicle miles traveled thresholds for project development review. This will have an impact by requiring large development projects to improve their VMT efficiency through either the selection of their location, project design, transit and pedestrian infrastructure, and travel demand management programs.
And also currently county staff are participating in a tri-county effort again with Monterey Bay Community Power, Clean Power Alliance in Ventura County And the respective air pollution control districts to apply for EV funding from the California Energy Commission, from the program that's also known as Cal EVIP. We anticipate this could bring up to $15 million in funding for both level two and DC fast charging in tri-county region starting sometime next year.
In the area of solid waste, last year Resource Recovery and Waste Management Division had a collaborative with Marburg to establish drop-off locations for textiles for recycling. So textiles that cannot be used are shredded and converted into industrial rags. And this program has the potential to divert significant amount of textiles from the landfill at approximately 5,000 tons a year.
Next year, we also look forward to the opening of the resource center at Tejigawas Landfill. Which will divert an additional 60% of solid waste from the landfill bringing our region's landfill diversion rate to over 85%. In the area of natural and working lands, the Sustainability Division has received two grants totaling over $870,000 last year. One grant of $700,000 was awarded from the California Natural Resources Agency to construct what we call the new Kuyama Greenway to significantly enhance one of the only active recreational parks in the Kuyama Valley, planting over 175 drought-tolerant trees and constructing a pedestrian pathway over half a mile.
This project is set to be completed sometime by spring next year. The Sustainability Division also received a grant for roughly $154,000 from the California Department of Conservation to utilize a new GIS tool that will estimate the carbon stock of the county's agricultural and natural lands. This tool is called TerraCount, and it would enable the county and local landowners to better understand the value of carbon emission benefits and trade-offs through land use and land management practices.
On the municipal side, General Services has several projects underway that will help reduce the energy use in its buildings. The Better Avia campus and the fire station number 12 projects are intending to achieve zero net energy as well as enhance energy resilience and achieve carbon reductions. The Better Avia campus features a 800 kilowatt solar array, battery storage, energy efficiency measures as well as building control systems.
And combined these measures would reduce the site energy use by roughly 90%. In addition the project features up to future connections for up to 30 future electric vehicle charging stations. Fire station 12 also features LED upgrades as well as a solar system. General Services has also been developing a plan to replace a portion of the county's vehicle fleet with zero emission electric vehicles as gas powered vehicles are retired. And this year, the board had approved funding to install 67 level two charging stations as well as three fast charging stations for both fleet vehicles as well as the public throughout county facilities.
In the next fiscal year we're looking to replace 56 vehicles with electric Last year, the Sustainability Division also partnered with the Human Resources Department to pilot the Clean Commute Program's telework policy. This pilot program had helped enable both human resources as well as general services to better equip themselves and prepare themselves for what is now being instituted roughly countywide for all applicable staff.
So both the current and future efforts that I have mentioned will continue to reduce carbon emissions in near term. It's important for us to kind of understand what the gap is in terms of reaching our target by 2030. It's important to understand that development of a new Climate Action Plan, which involves the coordination with other local jurisdictions, robust stakeholder and community engagement as well as an environmental impact review will take roughly two years.
Meaning that the county would not have an adopted cap likely until 2022. In order to achieve our 2030 goal we need to understand the true gap or delta that must be achieved locally As you may recall, our emissions were 14% higher than what it was back in 2007. But by 2030 we assume that a business as usual population and job growth would only modestly increase overall emissions. And under that business as usual scenario, our total emissions would hover roughly over 1.5 million metric tons which will be the equivalent of about 324,000 cars driving for one year.
We assume that state policies such as building energy standards, renewable portfolios, vehicle fuel efficiency and low carbon fuels. As well as local policies such as SB CAGS regional transportation plan sustainable community strategies will help to reduce local emissions by roughly 500,000 metric tons. We also anticipate the implementation of community choice energy will deploy mostly carbon-free power to nearly all county residents and businesses, virtually eliminating the emissions associated with electricity use by roughly 27,000 metric tons.
And the implementation of the Tejigawas Resource Center diverting recyclable and compostable materials would reduce emissions associated with solid waste by roughly 18,000 metric tons. So after these significant measures have been implemented, we are left with a gap of roughly 320,000 metric tons to achieve our 2030 target. Roughly the equivalent of either 69,000 vehicles driving for one year or roughly the amount of energy used by 37,000 homes.
So in order to close the gap, we realize that aggressive programs and policies need to be developed and enacted in order to shift consumer behavior and business operations to more efficient and less polluting practices and technologies. Additionally, the vast working and natural lands of the county need to be cultivated and maintained to improve and increase their ability to remove carbon from the atmosphere and store it within its biomass and soil.
The 2030 cap would be responsible for identifying the policies, programs and projects and partners to meet our 2030 goal to continue reducing emissions beyond 2030 as well. We have prepared a scope that we hope will meet this goal and develop an ambitious plan in collaboration with the recommended consultant. We seek to develop a regional climate action planning toolkit to support our climate action planning, as well as implementation tracking. And we hope to offer resources to local jurisdictions through the process and provide transparency to the public.
We seek to develop what we call a coordinated community activation plan that's focused on equity and vulnerable populations while trying to be nimble and flexible given the changing situation with COVID-19. We're seeking to coordinate with several county efforts that are happening to address climate change and sustainability. And in doing so, we've created an initiative called One Climate designed to streamline the county's outreach efforts to inspire and engage the community. And will serve as umbrella for not only the Climate Action Plan but also the update of safety element and the active transportation plan as we go forth out into the community.
Once drafted, we will also embark in a funding analysis and development of a strategy to ensure that we have a funding mechanism for all the Climate Action Plan measures. And finally, the Climate Action Plan will be prepared to comply with CEQA. In general, we hope that our next Climate Action Plan will feature fewer and more targeted measures that are highly leveraged to achieve the greatest emissions reductions Prior to COVID-19, we had submitted a budget expansion request including an additional FTE in order to support both the development of the new cap as well as continue implementation of the existing one.
However due to the fiscal situation that the county is currently facing, we have since withdrawn that request and we've identified existing funds within the division as well as the public planning and development department to support the development of our plan. So within community services, we have approximately $340,000 in our 19-20 budget that was assigned to the strategic energy plan. But some of these tasks are likely not going to be completed due to limited capacity within staff on both And sustainability division and planning and development as well.
We'd like to use that for the Climate Action Plan. We have roughly $218,000 split between the 19-20 and the 20-21 budget for the Santa Barbara County Regional Climate Collaborative which can also be reallocated to the Climate Action Plan. And P&D was also previously Approved funds for updating the e-cap. But since that effort has been shifted over to our division, the remainder of those funds are now going to be used for updating the Climate Action Plan.
So in total, we have funds of roughly $618,000 which would be used to execute our contract and increase funding available for staff to support existing development and implementation. Previously just as a reminder, staff was allocated funding only to track and report on the ECAP but not to develop a new one so these additional funds would be helpful. So in closing, we would like to request that this board receive and file the update on the progress that we've made on the Energy and Climate Action Plan. That you approve and authorize the chair to execute an agreement for services of the recon consultants. And that you authorize the Director of Community Services Department to be allowed to execute a 5% contingency.
That this project does not constitute a project subject to environmental review under CEQA. I want to revisit a previous point which I previously skipped over, I apologize. But in terms of our consultant recommendation we had staffed received three proposals from an RFP with costs ranging from over $500,000 to $725,000 and we interviewed all three consultant teams. And based on the experience innovation and the budget of the proposals we recommend selecting Recon consultants Their budget proposal offered the lowest cost option to the county at an amount not to exceed $542,000. That's including contingency.
Rincon has previously provided climate action planning services for jurisdictions across California including the counties of Santa Clara, San Mateo, Merced, Kings and Imperial. So with that I welcome your questions and discussion thank you.
2:14 – 2:228 turns
Thank You Mr. Wong Supervisor Williams.
First of all, thank you and welcome on board. So one of my concerns is urgency with implementation. I mean let's just recognize what we're good at and what we're not good at. We're good Important moves for reducing emissions, and we're really bad at doing it quickly. So is there any argument for making a motion where staff can unilaterally, with of course county council's approval, Dispense with some of the elements of the scope of work in an effort to complete Some of it faster. I mean my We've got a couple public comments and maybe we'll hear from them the you know typically in these plans some of the biggest moves And policy recommendations that the consultant will give us Are predictable?
and Don't want there to be any more delay on those policy recommendations reaching us. So if you thought or wrestled with that a little.
So I mean, I think there's Supervisor Williams through the chair. There's a couple of things that are extending the timeline. One is the extensive community outreach that we're proposing under the scope of work but we think that that community outreach is really essential and was one of the missing pieces with our first iteration of the Climate Action Plan to really engage the community and get them to support some of the measures that would come out of this process The other factor is the environmental impact report that takes a significant period of time.
And then we will be stretched a bit thin, and so I think those are the sort of mitigating factors but One thing that we could do would be to potentially come back to the board with some of the proposed measures and perhaps get started on some of them earlier. We'd have to think more internally about what that would look like, but that would be one idea. I don't know, Garrett if you have any other thoughts on that?
The other thing to note is there's a procedural element to the work that we have to do, unfortunately. And that is trying to have a CEQA qualified document. And the reason for that is that we're also developing this plan for the benefit of planning review which goes through the Planning and Development Department. And once we have a CEQUA qualified document in the ancillary We're able to streamline project review for projects that don't necessarily have to have the onus of doing their own greenhouse gas analysis and mitigation measures.
Every project, and so if it was that case then it would put a lot of burden on the projects as well as staff And make them workable. What we do with the qualified cap and again, the ancillary review documents is create thresholds that trigger certain types of measures and pathways for compliance. And so we'll be able to create checklists that make it relatively easy to approve projects while also implementing mitigating measures.
So unfortunately, in order to have a CEQA qualified cap you also have to have robust measures and analysis as well as funding to back it up. There's been court cases that have challenged climate action plans and if they're found not to be essentially real documents that are really action oriented then they're essentially found not to be Qualified and so we want to make sure that we go through those steps in order to achieve that status. So it is a bit of a challenge too.
Divisions and departments as well as the community are not sitting down waiting for a climate action plan to be adopted, to do the work that they're already doing. So there will be lots of other things I think between now and the adoption hearing that we have. We'll be able to bring forth other policies, programs, and projects that will continue our emissions trend.
Supervisor Hartford, did you have additional questions?
Sure. I just had a follow up in that preparation of a CEQA document does not prohibit us from taking policy moves that the consultants identify in the process or that you two identify from the milestones of the consultant analysis and I would just ask that consistent with Your idea, I think your boss should know that you've added the ability to read minds to your skill set because that's kind of where I was going.
Is I would like us, you to bring back measures as soon as they can concretely be brought Because Mr. Wong, I do not have the sense that you do that other departments are treating this with the urgency that they should and I believe that we do need to bring this back and continue to make some progress on these issues. And then the last concern I have is just I would hope that you and Rincon do not discount the energy portion simply because the carbon-free attributes at this point of the CCE are not by, they're not real yet.
We can say they're carbon free because we're purchasing carbon-free attributes, but in reality they're not carbon free yet. And so it would be unfortunate if some of the most cost effective ways we could reduce emissions still were in the energy efficiency sector and yet because we're assuming that's carbon free, we don't address that sector.
Supervisor Hartman.
Thank you. One of the big tradeoffs you're making here because of the budget situation is the strategic energy plan, and I agree with your reasoning that we really need to get the bigger picture and be able to monitor. But could you tell me how far we got on the strategic energy plan? If it's at a pause place that makes sense will we lose a lot by not proceeding?
So that's my first question.
2:22 – 2:287 turns
Supervisor Hartman through the chairs, you may remember the strategic energy plan had a series of recommendations that came out of it. We're only proposing to use funding that was allocated for phase three activities so specifically we are removing or delaying The development of an incentive program for solar projects and the creation of a program to finance solar projects. We could certainly come back to the board at a later date when the funding situation changes regarding those two items.
The other items on the strategic energy plan list are still moving forward, the first of which is development of an energy assurance plan. Staff has started to scope out what that plan might look like and has met with internal departments, like general services as well as OEM. To start bringing them into the conversation trying to find out what they might need from such a plan and where it might overlap with other efforts that they have going on.
So that is the priority project as it relates to strategic energy plan tasks.
Thank you and maybe for the phase three, there may be grant programs available for those incentives and your department has really been hustling for grants and that's exciting to see so congratulations on that. Just wanted to mention the issue of Of outreach to various industry sectors. The rise offers an interesting model for how we did that and did that efficiently, so you might consider whether that could be adapted in any way to this context.
Thank you. We've been following the RISE process as well as some of the sessions statewide about economic development, and I think that there are some synergies between what Sustainability Division is doing especially as it relates to the Tri-County Regional Energy Network where we have workforce development programs as part of that and where we're working specifically with the building sector and trying to figure out how we can help them recover In this economic climate, since they haven't been able to go into buildings and do the work that they've previously been able to do. So that's something that we are trying to work on and so would be happy to being engaged in any sort of talks or activities about how we could better engage those businesses.
Are there any other questions or comments? Santa Maria. Are there public comments?
Chair Hart and members of the board, we have five requests to speak on this item. And we will begin with Irene Cook to be followed by Stanley Rodin.
Hi, my name is Irene Cook. I'm a resident of Goleta and I thank you for the opportunity to comment in support of the proposal for the Climate Action Plan but I also want to share some concerns. I submitted a written comment expressing concerns about the timeline and I was happy to hear that Supervisor Williams had also picked up on that. The timeline is concerned because scientists tell us we have such a limited amount of time left To take dramatic action to reduce greenhouse gas emissions if we're to avoid the worst effects of climate change. I understand that the county needs a legally valid plan to guide its policies and deal with any potential litigation, and I support this funding but we must focus on action in next two years The Sustainability Division and the Climate Program have made commendable progress on the projects that were mentioned earlier, but the county has been failing to live up to targets we set for greenhouse gas emission reductions.
Our emissions have continued to rise. We continue to spend taxpayer dollars on staff time processing applications for new oil projects which would take us in the absolute opposite direction we need to be going. That funding could be better spent in the Climate Program and Sustainability Division budgets. As the staff commented earlier, they'll be spread pretty thin here.
If we're serious about reducing greenhouse gas emissions, we'll place a moratorium on any new fossil fuel projects and develop a plan to phase out existing projects. We need green stimulus programs that will help us recover from the pandemic's economic impact including jobs and financial incentives for clean energy and transportation. We need a new solar ordinance that would allow expanded utility grade solar projects, and we need so much more. We don't have two years to sit on our hands waiting for a final climate action plan. I do support the proposed funding but urge you to proceed with creative and bold actions that can be implemented now.
I was present in the December 2019 hearing when you passed the resolution declaring a climate emergency. That was seven months ago. The world's scientists are begging us to pay attention to the climate crisis with the same urgency we're giving to the coronavirus crisis. Approving the proposed funding today is a step in the right direction, but I hope you will take more steps in the coming months to pay attention and address the climate emergency. Thank you.
Thank you, Ms. Kirk.
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We will now go to Stanley Roden to be followed by Timothy Mahoney.
Good morning. I also endorse Honorable Chairman Harden, members of the board, I endorse the plan but I certainly also underscore the need for urgency and I wanted to bring to your attention this morning the MIT Climate Interactive En-ROADS simulator that would help with a lot of the thinking that I think will be important so we can evaluate the steps that we're taking.
Screen two, please. The MIT-produced interactive simulator took 15 plus years to develop and represents the integration of nine widely accepted scientific climate models with over 18,000 mathematical equations all subjected to the principles of system dynamics. The simulator predicts That if we continue on the present path, including all of the ongoing efforts to reduce CO2 emissions, the planet will still warm to approximately 4.1 degrees centigrade above pre-industrial times by the end of this century, a short 80 years.
In short, this is an unlivable planet and according to the conservative insurance and reinsurance industries, an uninsurable planet as well. And please note, again underscoring the urgency that today 2020 we are now at approximately 1.38 degrees centigrade above pre-industrial temperatures already very, very close to the IPCC goal of temperature rise no more than 1.5 degrees centigrade.
Next screen please. The simulator helps us answer a seemingly simple question Many of you champion a favorite policy that you believe will greatly help prevent catastrophic climate change. Well, what if your favorite policy or many of the ones that have been enunciated this morning within the plan was adopted globally? Would that help and if so how much? Let's take renewables just for a simple example given the amount of time involved here.
Next screen please. If we pull up the simulator and pull the simulator level to, next screen please. To highly subsidized level, the result would reduce the business as usual 4.1 degree centigrade rise down to 3.9 degrees. Yes a step in the right direction but surprisingly it's not the silver bullet that we might think or hope for How about a carbon tax or carbon fee and dividend? Next screen please.
No, for sure this lever does make a substantial difference which is why it is endorsed by thousands of economists of every political stripe but it's not the silver bullet 2.9 degrees centigrade is a huge step forward but doesn't get us where we need to be so what does hope look like next screen please With a combination of policies and practices shown on the board that time doesn't permit me to go through, we can keep our global economies prospering and prevent the worst effects of climate change from destroying us and this beautiful planet.
In closing, an inroads interactive workshop takes about 45 minutes. We at Citizens Climate Lobby and Climate Interactive stand ready to present a workshop to you With or without the staff and to the group that's conducting the plan. So we can make sure what we do at a local level will have the greatest impact on the global crisis at the end of this century.
I thank you very much for your time and attention, and I'm happy to answer any questions.
Thank you Mr. Rodin.
We will now go to Timothy Mahoney to be followed by Andy Caldwell.
2:34 – 2:405 turns
Hello Mr. Chairman, members of the board, Tim Mahoney, Southern California Gas Company just wanted to bring up a couple items today regarding new technologies that are moving forward there is a call for renewable natural gas this is organic indigenous natural gas coming from the human waste stream you find this in landfills dumps wastewater plants sewer plant and the dairies and other agricultural areas so today Tomorrow, yesterday these human waste areas are creating methane. This methane this redigitous renewable natural gas can be captured right now it simply goes into the atmosphere creating greenhouse gases so Southern California Gas Company is in the process of putting together many contact areas where we can capture this landfill gas wastewater gas dairy gas and Clean it up, bring it into our pipeline and therefore stop greenhouse gases from being emitted.
If you take that renewable natural gas, that RNG, and you put it in a bus or a refuse truck picking up trash in the neighborhoods then that diesel is no longer used to fuel those trash trucks so you've kind of cashed the paycheck twice if you will. New technologies, another one is what they call power to gas in which you take excess electricity. It goes through an electrolysis. You split that electricity into molecules and it becomes hydrogen. That hydrogen can also be put in a pipeline system such as owned by SoCal Gas. So in the future these type of hydrogen economies are going to be completely necessary in order to reach our goals.
Lastly and I think was brought up earlier about the energy efficiency systems. Well, as you know, just recently UCSB SoCal Gas put together an energy savings program to save $66,000 annually for the UCSB but actually more importantly it takes off the removal of nearly 350 metric tons of greenhouse gas emissions So don't discount energy efficiency. And that amount, this 350 metric tons is equivalent to reducing 866,000 miles driven by passenger cars every day. So there's lots of projects out there which are very realistic, vary today and can fit a timeline. Appreciate your attention to these matters and thank you for letting me speak. Thank
you Mr. Mahoney. I'm here to
answer any questions.
We will now go to Andy Caldwell, to be followed by Mark Shatillo who is our final speaker.
Members of the Board, Andy Caldwell representing COLAB. I think it's interesting that we had a COVID update at the same time as this ECAP update. One of the things that your board and the state and others have been loath to do is how far off and how bad the models were on COVID from IHME and Imperial College That they were off by orders of magnitude. They had to rescind their projections because they were off so bad. Well, the bottom line is some of the people and especially Imperial College did COVID are the same people using some of the same models to do climate change modeling.
And the bottom line it's garbage in and it's garbage out. Your board never seems to want to consider the big picture that we're talking about global climate change. And there are billions of people living in China, India and Pakistan that want the same quality of life that we have that could be measured by energy consumption. And they're not going along with this plan because it would keep their people in permanent poverty.
I was wondering if any of you have seen Planet of the Humans? Michael Moore is not exactly a right winger And what he exposed is this thing's entire scam because solar and wind have to have natural gas backup. And then plus all the raw materials that have to be mined throughout the world to get those products, again you ignore that as your virtue signal. One of the things we're concerned about in this plan is first of all why did your first plan fail?
How much money did you spend on that plan and has anybody been held accountable? Secondly, the language here. Aggressive programs and policies need to be developed and enacted to significantly shift consumer behavior in business operations. And additionally, the vast working in natural lands must be cultivated and maintained to increase their ability to remove carbon.
We don't want to subvert our food supply for this goal. We would like to have some details before you pull the trigger, what consumer behaviors are you planning on shifting and what are you planning on doing with regard to the vast working in natural lands which must be cultivated and maintained to remove carbon? How does that fit in with growing vegetables, strawberries, wine grapes, and tree fruit You guys keep pontificating on these things. You spend millions of dollars, you're failing miserably because you're not really in control of the climate or the economy but you keep trying anyway. We'd at least like warning and details about what you're planning to do based on this paragraph that I just read to you that's in your staff report today.
Thank you.
2:40 – 2:4612 turns
And we will now go to Mark Shatillo, who is our final speaker.
Thank you, members of the board. Mr. Chair, this is Mark Ciotillo. The current board may not be aware I've been involved in federal air quality and air pollution issues for my entire professional career. Did serve on the Air Pollution Control District's advisory committee for over a decade and involved in a number of significant air quality issues which ultimately is what we're talking about with the climate plan.
I endorse the proposals of staff and support the investment of additional resources to enhance our efforts in this regard. I want to point you a couple of specific issues that additional direction may be appropriate. First, in the transportation sector. Widening 101 at the time of the initial EIR was projected to be the single largest increase in global climate – in greenhouse gases due to the increased driving. Now Caltrans has modified their model somewhat, but it remains that this is a very significant source. And we have a moment with the current pandemic and the change in work patterns that were driving a lot of our long-distance commutes that fed the increased VMT.
Let's use this moment as an opportunity to pivot on our work patterns While we're not going to all continue to work at home forever, there's hybrid models that the county can help facilitate. A second issue is hot water which accounts for approximately 20% of our greenhouse gases. There is a readily available technology that's used in modern refrigeration which can be applied to hot water heaters and it reduces energy consumption by up to 80% using a heat pump It can be used for residential and commercial hot water, pools, spas, and a number of other settings. I've installed this in my home and found first it was difficult to find the equipment, second it was difficult to get it delivered and qualify for the FCE rebate, and then finally I couldn't find a contractor who is willing to install it with any kind of a warranty.
Eventually we overcame all those issues and were able to install it. It's been working very well. So there's a need for the county to invest in hot water technologies as a global climate change mitigation approach. And then finally, regenerative agriculture holds huge potential. The prior speaker mentioned the significance of the agricultural sector. We can use regenerative agricultural practices to both sequester carbon, increase water retention, improve the productivity Of our agricultural lands, both for agriculture as well as providing ecosystem services. So these all need to be a part of our efforts and I applaud the county's efforts to move forward with this plan. Thank you.
Thank you Mr. Chateau.
And that was our final speaker.
Thank you, Mr. Chapman did you have something you wanted
to add? Just to add, thank you Chair Hart, to what Supervisor Williams was saying we will endeavor to move as fast as we can in this process however it is a two year process so I just want to make those and set that expectation that we probably can't come back sooner than that with the final product but But we will move on certain projects. And as you said, staff is pretty aggressive about getting new projects on board. So I just want to set that expectation so that people aren't expecting it within a year from now and where is it? It will be a two-year process.
Thank you for that clarification. Are there additional questions or comments from staff?
Mr. Chair?
Yes, Supervisor Adam.
Yeah I just, you know, I never agree with this thing. You know I have my reservations about whether or not there's climate change at all and those are well known but one thing that I did want to say is there's, I don't know Mr. Gazzone can I mention specific companies or is that best not to do?
Chair and supervisors can always discuss there is a contract in front of you if you would recommend against that contract. That's a fair item of discussion also note that within the services agreement we have a termination clause for convenience upon 30 day written notice
I'm actually talking more about a company that I have invested in, that I think is poised to change energy consumption on the planet. So it's a private company that anybody can invest in and I don't know whether I can say the name or not on our broadcast.
2:46 – 2:526 turns
Chair and supervisors, maybe this is one we could talk about offline. It is a legislative action to approve this not a quasi-judicial that would require recusal but I think it'd be more comfortable talking with you about specifics offline.
Okay well As I've said, there's a company out there who I think is on the cutting edge of hydrogen fuel development at a competitive price. other technologies in transportation that's very liable to change the whole thing. And that's the answer and the point is, the answer to the whole problem if there is one is technology and it's not up to the government really to try make science happen. You know, science happens in somebody's head and then they need a tremendous amount of investment to go put it into practice and at some point that technology is going to exist It may very well supplant fossil fuels almost entirely.
And so, I think that's where the answer is coming from. It's not coming from a climate action plan at Santa Barbara County. God bless us, we just don't have the plenary power that's gonna really move the needle And there is technology out there. It may not happen on some of our time scale, but it's happening. And to the extent that there's a problem, it'll be solved. And very likely in my opinion, the next problem is then we're cooling because we're not putting out enough carbon. So I'm thinking there's never going to be a shortage of things to be hysterical about.
Thank you Supervisor Adam. Any other comments?
Mr. Chair, I'll weigh in for a second if I could. Yes, Supervisor Lavenino. You know, I have supported our climate action path in the past just because you know, I look at...I think some of these things are actually good business. They're good for public health. I think community choice energy is a good idea. I support the Tahequs landfill project. I like the wind energy project and so I see the balance in this, that this is a global issue and not everybody's playing by the same rules. But I also do see value here with our local businesses being able to benefit to some degree of... And I'd like to see part of that being a move into finding our solar ordinance path out there at some point.
I reluctantly support these just because of the fact that, like I said, not everybody's playing by the same rules. But I also see the benefit of it to some of our local businesses.
Thank you, Supervisor Lavinino. Supervisor Williams?
Well, I just wanted to answer perhaps some of the important points brought up by speakers. I mean, I do think that this process should Add fuel and urgency to the efforts by public works by general services by other departments. By planning and development To do carbon-reduction projects or frameworks that could lead to projects that are carbon reduction. But those projects do not need to wait for this, so I think that's important to say to the public.
But I do think that we should try to glean some information throughout this process instead of just at the end of the process and That I, you know, I think there may be some misunderstanding about the application of carbon fixing in land use. Carbon fixing and land use would increase the economic sufficiency of rangeland not decrease it. And, you know, I think that it's important to note that fundamentally Any incentives or agreements to carbon fix in our open agricultural lands will increase the competitiveness of those farms, not decrease them. And are fundamentally compatible with food production as well as The whole point is that they carbon fix while producing more grass or more crops, depending on what kind of technique you're talking about.
2:52 – 2:5724 turns
I think the only thing I'd add is that when I'm looking at the charts that directs our course over time and we have 320,000 As a goal to reduce additionally through different strategies and I think that represents about 37% of the total goal. And but nearly 60% of the reductions that we're going to achieve are the result of legislative reductions at the state level, and I think that shows the power of those sort of mandates at the state level to bending the curve. And I think that we are going to rely heavily on the state legislature being innovative in bold in addition to our local efforts too You know building standards and energy requirements at the state level have a big impact on our own local situation And we're gonna rely on and hopefully someday have some federal intervention as well.
That would be wonderful to hope for So, um is there a motion does somebody like to make? Supervisor Hartman
I move recommended action a through D
Motions been made is there a second
second
Any discussion Would the clerk please call the roll.
Ms. Hartman? Aye. Mr. Adams?
No.
Mr. Lavinino?
Aye
Mr. Williams? Aye Chair Hart?
Aye
Motion passes 4-1
Thank you very much, thank you Ms. Watkins, Mr. Wong appreciate your presentations and work. Next item is department item number 3 would the clerk please read that item into the roll
Chair Hart and members of the board, departmental item number three is from community services. It is a hearing to consider recommendations regarding the fiscal year 2020 through 2021 special tax levy for the County of Santa Barbara Community Facilities District number 2002-1 Orchid Community Plan and for the County of Santa Barbara Community Facilities District number 2004-1 Providence Landing. This is in the third and fourth districts.
Thank you.
We're going to turn this over, Chair, to Ryder Bailey our CFO and Stephen Fung who's also a member of our finance team.
Thank you Mr. Chapman. Mr. Bailey, Mr. Fung thank you.
Thank You George. Good morning Chair Hart, Supervisors I'm gonna pass this along to Steven Fung Housing and Community Development Cost Analyst for the first of two presentations. Thank you.
Thank you Ryder. Mr Fung I don't think there's anybody else for you to pass it off to so
Good afternoon Chair Hart and members of the board. Today you will be receiving a presentation on the Orchid and Providence Landing Community Facilities District special tax levies for fiscal year 2020 and 2021 The Community Services Department annually coordinates changes to the special tax levy for both of the community facility districts. For ORCID CFD, per the CFD's original resolution, the special taxes will be adjusted annually by the greater 2% or Los Angeles CPI.
With adoption of this resolution, parcels within the CFD will be increased by the Los Angeles CPI of 2.9%. For Providence Landing, with the adoption of this resolution, parcels within Providence Landing will remain at $672 per parcel. The same assessment as the prior year. Providence Landing has a balanced budget and adequate fund balance. As such there is no need to increase the levy at this time.
Staff's recommendations are as follows. Receive the administrative report summarizing proposed fiscal year 2020-2021 special tax levies And adopt the resolution levying the special taxes and certify the list of all parcels subject to the special tax levy, including the amount of the tax to be levied on each parcel. And direct the clerk of the board to file a certified list with the county auditor controller and determine that the levying of the special taxes are not subject to CEQA.
And that concludes this presentation. Staff will be happy to answer any questions.
Thank you Mr. Frum. Well done. Are there any questions of staff? Are there any requests to speak from the public. Supervisor Adam go ahead please.
Mr. Chair, yeah I've always been troubled by the untraceability of the special benefit in this special assessment can somebody tell me that you can tell the benefit on these specific addresses that are getting charged? Can you explain that to me? Because I don't think I've ever had an adequate answer.
Mr. Funke can pass to Mr. Bailey and Mr. Bailey can pass to Mr. Chapman.
Supervisor Adam to the chair, I could speak to that. The Orchid Community Facilities District was approved by your board in 2002 to mitigate the impact The general fund. I can specifically speak to the Orcutt Community Park, which is something that's funded through our department. It costs nearly $300,000 to operate that park. 100,000 comes from the CFD. Other departments that receive this funding rely on ratios to estimate the cost to serve the constituents of that Orcut area.
2:57 – 3:0328 turns
So Are you saying that a third of the use at Orchid Park is attributable to those houses that specifically pay this tax?
What I'm saying is that the cost to operate that park was going to be fully burdened by the CFD at full build-out. We're currently about 37% of build out of that area. Upon full build out, per the RMA estimates by our consultant those folks within the ORCAT CFD would be paying for that park.
Okay, well I think you're really stretching it when you say that there's extra fire protection or extra sheriff or anything else that's attributable. And I think it is very difficult to actually Trace any benefit, special benefit back to those homes. So I'm not going to be supporting this and I would hope my colleagues wouldn't support it either.
Thank you Supervisor Adam. Are there any public comments on this item?
Chair Hart, members of the
board. I have a question.
Okay, Supervisor Lavinino.
So was this a deal though? How did this Originate was this a deal with the developer that this was actually going to take place or how did this have this? begin
Supervisor Lavagnino for the chair. I didn't so research back in this in 2015 on this item and it was from my research recommended by the debt Advisory Committee To eat to the board in 2002 to mitigate the impact of this development to the general fund So it was a condition of development
So it was a condition of development.
I think Mr. Ghazani has something to add too.
Chair and Supervisors, this really is all in the context of what was once a fairly common financing, the Mellow Roost Community Facilities Act of 1982. to mitigate costs of development by putting some of the cost right on the development, the people who will be living in the development. So in the 80s it was common for several years. This is one that's still around and the idea here is that it is providing services that would have had a diminution in services otherwise.
Okay, so what would happen if we, I mean is it even in our ability to remove it? How many other ones are out there like this and if we did remove it what be the impact of the homeowners in that area.
Chair and Supervisors, we would have to look at the ability of the board to extinguish a community facilities district. And the short answer is that any financing that would not come in through the community facilities district would be a general fund charge or you'd have a diminution in services.
OK, and then the homeowners are advised of this when they buy into this certain development?
Yes.
Any other questions for staff? Are there any public comments on this item?
Chair Hart, members of the board we have no request to speak on this item.
Okay.
Supervisor or is there a motion on this item or anymore
discussion? I'll just chime in. I believe the reason why these types of districts were part of development agreements to develop is because otherwise these places were out past the urban limit line. At the time, and that they cost more to service than places close by. And that otherwise our whole system essentially subsidizes people for living in places that are more expensive to service.
And so I don't think we want a system where we're defeating our transportation goals and defeating our climate reduction goals by making it inherently subsidizing sprawl. So, this may be a legacy of policies in an effort to not do that but I think that it would be a little bit of a sudden system to unravel that all at once. So, I'll move staff recommendation.
There's a
motion. Is there a second? Second. Supervisor Hartman. Any discussion? Roll call please.
Ms. Hartman? Aye. Mr. Adam?
No.
Mr. Lavinino?
Abstain.
Mister Williams hi chair Hart I motion passes 3 with one known one abstention.
Thank you. Thank you Mister from Mister Bailey next item is department item number 4 with the clerk please read that item into the record.
3:03 – 3:0620 turns
Chair Hart, members of the board, departmental item number four is from community services. It is a hearing to consider recommendations regarding a consumer price index CPI adjustment of the fiscal year 2020 through 2021 library special tax rate for county service area CSA number three Greater Goleta and this is in the second and third districts.
Thank you.
Mr.
Bailey?
Good afternoon chair Hart, members of the Board of Supervisors I will pass this along Stephen Fung for the second presentation
Good afternoon Chair Howard, members of the Board of Supervisors. Today you will be receiving a presentation on the CSA 3 Library Measure L Special Tax Levies for Fiscal Year 2020-2021. The Community Services Department annually coordinates changes to the special tax levy for CSA 3 by Los Angeles CPI. For fiscal year 2020-2021, with the adoption of this resolution, parcels within CSAP will be increased by 3.1%, the Los Angeles CPI for the most recent calendar year per its original resolution. This increase will result in total assessments of approximately $210,000, a $7,000 increase from the prior year assessment.
Staff's recommendations are as follows. Adopt the resolution that confirms the report and adjusts the fiscal year 2020-2021 library special tax rate in CSA 3 by 3.1 percent, and determine that adoption of the resolution is not subject to CEQA. And that concludes my presentation. Staff would be happy to answer any questions.
Thank you Mr. Frong I've had no comments from members of the public in opposition to this and often times get comments from residents in the Goleta Valley who very much value library services in the service district. So, do we have any public comment on this item?
Chair Hart, members of the board, we have no request to speak. Okay, I'm
sure if we did they'd be in support of the library. Are there any other questions or comments from board members? Motion supervisor Williams.
I just would say that I wish Everybody in the county had something like this because it would make a big difference in the provision of library services
I think that's absolutely right I'll make a motion to approve the staff recommendation is there a second second? Most has been made and seconded any discussion with the clerk, please call the roll
miss Hartman. Aye. Mr. Adam
Hi,
mr. Lavagnino
Aye.
Mr. Williams?
Aye.
Chair Hart?
Aye.
Motion passes unanimously.
3:06 – 3:083 turns
We'll now recess to closed session. County Council, could you please read the items for consideration?
Chair and Supervisors, today for closed session the board has agendized for three matters. The first is a matter of existing litigation, Espaillat versus Gill and others. The second is conference with labor negotiators. And this involves all employee organizations and unrepresented employees, managers and executives. And the third is public employee performance evaluation for county council. My estimate is about an hour and 20 minutes.
We will reconvene at when closed session is done probably in the 120 range or something like that. Yeah.
3:11 – 3:301 turns
you Hi. you Hi, everyone. You. Hello. Thank you. Yeah. Yeah.
3:38 – 3:492 turns
Thank you.
You. Hello. Yeah. Yeah. Hi. Yeah.
3:56 – 4:252 turns
Hi. Hello.
Yeah. Yeah. Yeah. Yeah. Yeah. You. Hi. Hello. Yeah. Yeah. Yeah. Thank you.
4:31 – 4:3834 turns
We're now reconvening the meeting of July 7th, 2020. Will County Council please report out from closed session?
Chair and Supervisors today in closed session the board considered three matters first was a case of existing litigation Espaillat versus Gill in the Superior Court. The second with conference with labor negotiators for all employee organizations and unrepresented employees managers and executives. And the third was public employee performance evaluation for County Council there are no reportable actions
Thank you, Mr. Ghazani. Next item is departmental item number five. Would the clerk please read that item into the record?
Chair Hart, members of the board, departmental item number five is from planning and development. It is a hearing to consider recommendations regarding the applicant's appeal of the Planning Commission's denial of the Carpinteria Valley Farms helistop case number 19 APL 29 and this is in the first district. And chair Hart, members of the board before we get started with the presentation today I would like to note for the record we did receive a number of public comments After our noon deadline Friday July 3rd, and I will go ahead and read those now. And if the board Chooses to add these to the record we will just need to take a vote on that The first item is public comment from Jeffrey Weatherford Friday July 3rd second public comment from Ashley Mayfield on Friday July 3rd and Another public comment from Milo Phillip, Sunday July 5th.
Another public comment from Tamara Templeton on Sunday July 5th, another public comment from George Nix on Sunday July 5th another public comment from Steve Bunting on Monday July 6th. Another public comment from Reese Duca on Monday July 6. Another public comment from Jane Murray Monday July 6 And 142 pages of letters and a petition from Pat Nesbitt on Friday, July 3rd.
Another public comment from Kay Walters on Tuesday, July 7th at 759 this morning. Another public comment from Gary Podlar on Tuesday, July 7th from 1050 this morning. And an additional, and lastly, a PowerPoint from Pat Nezbitt We received this morning Tuesday July 7th at 10 AM. And if the board chooses to add those to the record for today's appeal, we would need to take a motion on that.
Thank you Madam Clerk. Is there a motion to add these late submittals to the record?
I would move that all the late letters be added to the record.
Second. Thank you. Motion has been made and seconded. Any discussion? Roll call please.
Ms. Hartman? Aye. Mr. Adam?
Aye. Aye.
Mr. Williams? Aye. Chair Hart?
Aye.
Motion passes unanimously. All
right, thank you very much. On to department item number five. Ms. Plowman would you like to introduce this item?
Mr. Chair, members of the Board, thank you. As Ms. Alexander read into the record this is an appeal of a Planning Commission denial of an application for a HELLA stop. Today with me I have Ray Harmon who was the planner on the case and she is testifying or providing her presentation remotely and Mr. Dargill who's a supervising planner will be operating the PowerPoint. All three of us are available for any questions.
Thank you and before we begin with Mr. Goggle's presentation or Ms. Harmon's presentation, excuse me, we would like to disclose our ex parte communications so who would like to begin with that? Does anybody have any ex parte communications? Supervisor Hartman.
I had two phone calls. The first was with Marshall Miller representing the Montecito Residence Association, and the other was Chippewa Brent representing a neighbor both opposing.
Supervisor Williams?
I have had myriad in conversations with people in my district over the last five months about this matter. I do not believe that I humanly can disclose every single one because there have been So many, I will say that I have talked with the applicant. I have talked with attorneys on the other side, the members of the Sumlund Citizens Association. Mr. Wilbrandt and Mr. Chatillo who are attorneys for folks in opposition.
And many folks in Carpinteria and Montecito in opposition.
Any other ex parte disclosures from Santa Maria? Supervisor Adam?
Yeah, I had on September 19th. I met with Pat Nesbitt to discuss the project and received a tour of the property on June 29th. Had a zoom call with Marshall Miller representing the Montecito Association. I had an email exchange with John DeGroote. I also received many emails that I have forwarded to the clerk and yesterday we heard from Chip Wolbrant That his client would be opposed and I'm not sure who his client was, but opposing the project.
Thank you Supervisor
Brown. Mr Chair for me it's just the emails that we received in the general comment letters. I have had no outside conversations.
Thank you, and I met on June 29th via teleconference with Mr. Nesbitt where he shared the PowerPoint that I think we have in the record as well that we got late. And then I had a similar teleconference meeting on July 6th with Mark Ciotillo expressing his opposition to the project. So with that, I think we can begin the presentation. Excuse me, Madam Clerk?
Chair Hart and members of the board, my apologies. I do have one additional PowerPoint to be added to the record and that is from the law office of Mark Shatillo received yesterday Monday July 6th. And if the maker of the motion being Supervisor Williams can add that letter to the record, that would be appreciated.
With agreement from my colleagues, I would post facto act ask that to be included in my motion if I
would just ask for another vote on
that. I will move a special motion just for Mr. Mitchell.
Second. Motion has been made and seconded, any discussion? Roll call please.
Ms. Hartman. Mr. Adam.
Oh man, I don't know this is really really tough. Hi.
Mr. Lavagnino.
Aye.
Mr Williams. Aye Chair Hart. Aye Motion passes unanimously thank you
Thank you. All right, Ms. Harmon by way of Mr. Dargol. Manipulating the slides.
4:38 – 4:514 turns
Good afternoon, Mr. Chair and members of the board. My name is Rae Harmon. I will now be giving the presentation for the applicant appeal of the Carpinteria Valley Farm Telestop project. This is an aerial view of the proposed project. The property's marked here by a yellow star on this map, it's located in the coastal zone and the Summerlin Community Plan area within the Ag 120 Zone District.
The property is north of Highway 101 on the corner of Via Real Lane and Lambert Road and Summerlin is located west of the site. Surrounding uses include vacant parcels owned by the applicant to the west and single family residences And equestrian facilities to the north and east. The proposed project was scheduled for the Planning Commission hearing of June 26th of last year, at which time the applicant requested to continue the hearing to September to review and respond to the many letters that were submitted from community members.
The commission granted this continuance and the project was continued to the hearing of September 25th of last year. Prior to the September hearing, the applicant revised the project description to propose one landing zone towards the center of the property instead of the previously proposed two landing zones and to reduce the proposed landing pad hours of operation from 7 a.m. to 9 p.m., to 7 a .m.
Next slide. At the September hearing, the commissioners directed staff to return to the November 7th 2019 hearing with findings for denial. The commission made the required findings for denial of the project at the November hearing and finally denied the project due to the fact that the commission was not able to make specific applicable findings as I'll describe in greater detail in subsequent slides.
On November 15 of last year, the applicant submitted a timely appeal of the Commission's denial of the project to your Board of Supervisors. Next slide. As previously described prior to the Planning Commission's denial of the project, the applicant revised the project description to include only one landing zone and to reduce the hours of operation. The landing zone would be used for personal use by the property owner and for emergency services.
The owner, Mr. Nesbitt requests to use the helistop a maximum of two times per week which would include two landings and two takeoffs. And emergency responders that would use the helistop for emergency services on an as needed basis include International Emergency Services LLC and the Santa Barbara County Sheriff's Department Next slide. This is an aerial view of the subject property, the properties developed with approximately 20 000 square feet a single-family dwelling, a guest house, the pool house, two agricultural employee dwellings and as office buildings, agricultural equipment storage building and over 50 000 square feet of driveways and motor courts This exhibit shows where the proposed telestop landing zone would be located, which is toward the center of the property on an existing 10-acre grass field.
Next slide. This is a project site plan. The landing zone shown here as the red square consists of an approximately 25 square foot plastic tarp that would be temporarily placed on the ground before
landing and removed and purposes of the county's
zoning ordinances, and other applicable law. Staff's response to the Commission's decision to deny the project is supported by the fact that specific applicable findings could not be made. These specific sections of the Coastal Zoning Ordinance shown here on this slide list the findings that must be made by the review authority prior to the approval or conditional approval of an application For a coastal development permit and a conditional use permit.
The discussion on the board agenda letter and the findings presented to the commission and to your board as well discuss how the proposed project is inconsistent with the coastal zoning ordinance and the comprehensive plan. Next slide. Finding 211 of one of the applicable coastal zoning ordinance sections requires that the proposed development conform to the applicable policies of a comprehensive plan, including the Coastal Land Use Plan.
The subject property is within the Summerlin Community Plan and one of those policies NS 1 provides that residential uses shall be protected to minimize significant noise impacts And a community plan policy bio S3 states that monarch butterfly roosting habitat shall be preserved and protected. The commission found that the loud percussive noise events caused by helicopter takeoffs and landings are incompatible with the surrounding neighborhood, adjacent trails and nearby environmentally sensitive habitat.
Therefore this finding could not be made by the commission. Additional findings of applicable coastal zoning ordinance sections require that the development comply with public access and recreation policies of the Coastal Zoning Ordinance and Comprehensive Plan, and that the site for the proposed project is adequate in size, shape, location, and physical characteristics to accommodate the type of use and level of development proposed.
And this policy PRTS-5 of the Summerlin Community Plan It states that new development shall not adversely impact existing recreational facilities and uses. Next slide. This exhibit shows that a public trail easement and a bicycle path run immediately adjacent to the property boundaries. The commission found that the loud and percussive noise events caused by the proposed telestop during takeoffs and landings of the helicopter may startle horses riding on the equestrian trail and pose a safety threat to users of the trail.
Additionally, these loud and percussive noise events would degrade the quality of the nearby pedestrian and bicycle trails. Therefore these findings could not be made by the commission. Next slide. Additional findings of an applicable coastal zoning ordinance section require that the project will not be detrimental to the health, safety, comfort, convenience and general welfare of the neighborhood. And will be compatible with the surrounding area.
The commission found that the proposed telescope is incompatible with the surrounding areas due to the proximity to the surrounding residential neighborhood and the existing trails that are immediately adjacent to the property. As discussed earlier, the percussive and loud noise events caused by helicopter takeoffs and landings may startle horses being ridden on the trail.
It would also interfere with the quiet enjoyment of residences in the area and degrade the quality of nearby recreational trails. For these reasons, the commission found that the proposed telescope is not subordinate to the scenic character of the area. Therefore these findings could not be made by the commission. Next slide. For appeals number two and three, the applicant alleges that there was an error and abuse of discretion by the commission because there is no substantial evidence to support the denial.
Furthermore, the applicant asserts that the commission's decision is not supported by the evidence presented for consideration. The staff's response is that the commission's decision to deny the project is supported by the fact that specific applicable findings could not be made, as I discussed earlier and in the board agenda letter. There are substantial evidence on the record to support the denial of the finding for the commission which consists primarily of written and oral testimony provided by members of the community.
Along with public testimony given at the commission hearing of last year on June 26, September 25 and November 7. Approximately 200 letters were submitted in opposition of the project. These letters and public testimony were comprised of firsthand accounts from members of the community who regularly saw and heard helicopters landing on properties in the area including on the subject property.
Next slide. In the fourth and last appeal issue, the applicant alleges that there was a lack of a fair and impartial hearing and states that there is already a body of case law bearing on whether an applicant for land use permit is afforded procedural due process when a member of the adjudicatory body considering the permit is or may be biased against the applicant.
Staff's response is that the commission followed all required procedures During the hearings of last year on June 26, September 25 and November 7. Public testimony was heard and due process rights for both the public and applicant were upheld. The commission reviewed this specific project proposal and opined as to whether the required findings could be made based upon evidence in the record.
As discussed in a board agenda letter, the commission's decision to deny the proposed is supported by substantial evidence that necessary findings of approval cannot be made. Next slide. In conclusion, all of the appeal issues raised are meritless and Planning and Development staff recommends that your Board of Supervisors deny the proposed project. Next slide.
Staff recommends that your board take the following actions. Deny the appeal Case number 19-APL29. Make the required findings for denial of the project included as attachment one of the board agenda letters, including CEQA findings and determine that the project is exempt from CEQAs pursuant to CEQA guidelines section 15270A and deny the projects a no vote case numbers 19-CDP4 and 19-CDP55.
This concludes staff's presentation. I'm happy to answer any questions as well as my supervisors, Joe Dargle and Ms. Plowman, our director. Mr. Pat Nesbitt is here as well and I believe will be providing a presentation. Thank you.
Thank you very much Miss Harmon for the comprehensive report. Next we will have 10 minute presentations from the applicant, Mr. Nesbitt
4:51 – 5:037 turns
Thank you Chairman Hart, members of the Board of Supervisors. Would it be possible to have the slide presentation brought up? I
think we need a little more volume from your end Mr. Nesbitt. Is
this better?
A little bit, but it could be even better or we'll have to turn up the volume at this end perhaps. I don't know if that's possible. We'll get it worked out and we do have your PowerPoint presentation up here so that's working well. Thank you please go ahead.
Still working on my sound here. Let me pull back that up a little bit there we go okay Chairman Harden, members of the board. I thank you for the opportunity to make a presentation on my request to approve a major condition use permit for helicopter landing zone on my property at 2800 Villarreal, Selma, California. By way of background, I purchased this property in 1993 when it was essentially a hazardous waste dump.
Since that time, I have obtained over 146 county permits to develop various aspects of my property My property is zoned AG-20. During my initial meeting with the County Planning Department, I was told amongst other things that as agriculturally zoned property, I did not need a permit to land helicopters. For the next 23 years, helicopters routinely flew on and off my property.
In fact during that time there were periods when helicopters were actually based on my During that 23-year period, I never received a complaint, comment or inquiry about my flights. However this changed in June of 2017 when I was contacted by a member of the county staff who informed me that a complaint about low flying helicopters flying over the Summerlin Cottages which is a residential area just west of me was complaining about low flying helicopters and he said it was coming off my property Well, I knew in fact that there had been no helicopters on off my property for the previous seven months.
I explained that the source of that complaint had to be somebody else. It was then the county person informed me that because I was in the coastal zone, I needed to get a major condition use permit to operate helicopters off my property. Nobody seems to know when that regulation changed from being able for all agricultural properties to fly helicopters on and off without permit, to requiring one in the coastal zone.
I've asked several times, I tried to do some research cannot find the answer to that question. However since that time June 2017 no helicopters have flown on or off my property with two exceptions. First slide please. During the Thomas fire floods, my property was a major evacuation site for victims in the Montecito hard hit area. Helicopters were coming and going repeatedly for two days.
This is not exactly one of the helicopters that were very similar to the helicopters that were operating down there. As a result of that operation, which took people out of Montecito brought on my property where they were transferred either to ambulance system taken through local hospitals or to other helicopters and take them into Ventura or Los Angeles hospitals.
The first responders have written the letter and recommended that my helicopter landing zone be permitted. That was from every first responder organization in Santa Barbara County. I'm committed to keeping that landing zone clear and available to rescue helicopters, and to provide ample space for support vehicles so the first responders can access the property without delay.
Everyone realizes that quick mobilization will save time and save lives. Next slide please. This is a letter from the first responders signed by every first responder organization in Santa Barbara County. This map shows why my property is significantly interesting to the first responders. You can see almost the whole South Coast is either mandatory or recommended evacuation area. There is one area that is not, that's the area it's under the word Summerland and my property is right in the middle of it.
I am one of the few pieces of property that's flat and has ample space and is not threatened by either floods or fires. The next slide, please. The only other flight we had as I was able to provide a demonstration flight to show the people at Summerland Cottages who raised original complaint that I can fly a helicopter on and off my property without a problem without affecting the environment and their enjoyment of their own home.
This is the type of helicopter I've typically been using on my property. It's a Robinson 44. I had members of the Homeowners Association stationed at my landing zone, at their property and I even had some of them in the helicopter themselves. And after an extensive flight program we were able to show them that we could bring helicopters on and off the property. In fact, the biggest comment was you couldn't hear the helicopter because the noise from Highway 101 And consequently, they wrote a letter of support from the Homeowners Association. Show that picture please.
Next slide. In fact, if you look at those green dots, it represents 100% of the homeowners around my property. 100% of those homeowners support my application. All of them, at least 11 of them have written letters of support In addition, I have signed petition by 59 residents to Summerlin and another 33 letters of individuals from Summerlin supporting my permit as well as letters from Montecito, Carpinteria, Federal Lane and in between.
To better understand the opposition to my permit request, I would like the board to know that just about every time a helicopter flies over our area The local blog, which is called Next Door. There's full comments about helicopters flying off my property. In fact there was one neighbor who lives about a mile and half east of my property during the first part of this June posted over three videos with an audio commentary claiming that she had watched helicopters coming going for my property.
This is a fabrication and totally false as I've indicated previously no helicopters have taken on off my property in the last three and a half years I was able to blow up one of the sections from one of her videos, which you can see in the next slide presentation please. I'm sorry that's a Summerlin letter. Keep going please. Keep going. No, I'm afraid that you've got the wrong presentation. We sent another one out there. Let's go through that.
Anyways, what I'd like to indicate to you is we were able to see from her video. We were able to expand and find out who the helicopter was. It was a helicopter chartered from Helicopter Operation in Los Angeles. It's chartered by Southern California Edison and it's been flying over Santa Barbara over our area for the last several months doing utility line survey work We claim she saw the property, the thing actually landed on the property which would be impossible. And that's similar to all these other claims of people who repeatedly say they see helicopters coming and going from my property. No helicopter has come or gone in the last three and a half years if I said so.
Before proceeding, I'd like to tell you what this issue is not about. This issue is not about helicopters flying over Santa Barbara County. According to Santa Barbara Airport Authority there are over 700 helicopter flights through the Southern County airspace every month. These flights are all subject to the jurisdiction of the Federal Aviation Committee. They essentially set the rules and regulations for airspace above Santa Barbara County essentially from the ground all the way up to the edge of the stratosphere I am sure people who are opposing my application would like you to outlaw all helicopters over California, over Santa Barbara.
However, neither the state of California, the county of Santa Barbara or local municipalities can regulate helicopter flights. If my permit is denied it will not eliminate the 700 and plus or minus helicopters that fly every month. They will still be there. The second issue This is not about helicopters flying into residential neighborhoods. Helicopters coming to and from my property do not fly over Santa Barbara residences.
The reason why I did not have a single complaint in the prior 23 years, is the fact that I strictly regulated flight paths to my property. I insisted that helicopters fly at a quarter mile offshore and an altitude of five to 600 feet. Let's show the next slide please. Keep going please. Keep going. This shows the flight plan of helicopters that I would send first by Xerox or fax to them, and then eventually we did it all by email.
It shows a flight plan where they stay offshore all the way from the county line to my property as soon as they get a beam on my property. Next slide please. This is an expanded version of the exact landing zone. And you see, they're a quarter mile offshore until they get past all the residential areas and then they turn inbound and fly down to my property.
They're over County of Santa Barbara from the shore to my landing zone which is about 500 feet. And at four or 500 feet altitude, they bother nobody. Next slide please. This is a picture of the landing zone. As we indicated, there used to be two zones we requested but we've eliminated one and it's right in the center of the field. A lot of the letters that I've seen copies of people complain about vibrations, disturbances even PDSD.
I sympathize with their concerns. I've been around helicopters all my adult life. I know that they can be a problem for some people Other people don't bother them at all. But 98% of the people who are complaining about my helicopter have never seen or heard a helicopter coming from my property and going to my property. Can you hear me? What they've seen last time, a helicopter flew over their house. That is not my helicopters. My helicopters don't fly over anybody's house.
Mr.
Nesbitt, I'm sorry but the 10 minutes has gone now to 11 and you do have five more minutes as rebuttal so we could use that time for you to complete your presentation. I see you still have probably half your slides left to go so I don't know what to do about that but we do have to stick to the time constraints that we provide for these hearings. So we'll pause here Are there any questions for Mr. Nesbitt at this point?
All right, well then let's go to the public comments and I know we have 13 requests to speak as of now so Madam Clerk.
Yes Chair Hart, members of the board, we have 13 requests to speak on this item and we are going to begin with Mark Shatillo to be followed by Anna Citron.
5:04 – 5:085 turns
Mr. Guzzone, you had something you wanted to add?
Chair and Supervisors, just as the Board is about to receive public comment I would summarize, and Mr. Nesbitt's presentation touched on this a little bit that the Federal Aviation Administration is the entity that controls flight patterns and really airport noise. And the item before you today is neither a flight pattern nor airport noise, but a conditional use permit to site a landing facility in a particular spot on a particular parcel. And I think as you're listening to public comment, if you would remember that flight pattern regulation and airport noise are an FAA matter. And you're dealing with the facility on the ground. That's the subject of the permit today.
Thank you for that clarification
Good afternoon, members of the board. This is Mark Chatillo and I'm addressing you today on behalf of the Carpinteria Valley Association and the Padero Lane Association in our objection to and request for the denial of this appeal and denial of this project. And these groups are supported by the Summerland Citizen Association, the Montecito Association, The Montecito Trails Foundation Citizens Planning Association and others. The primary objection that the community has concerns the impact of low-flying helicopters over residential areas, and I think we are well aware that the south coast of Santa Barbara County is primarily residential. This is not an agricultural area where those sorts of needs for helicopter activities are Here, this is just for the convenience of one individual and for one property.
And a property that I would note is listed for sale. So the concerns that – the promises that Mr. Nesbitt is offering the community while we presume they're genuine aren't binding on future applicants. And I wanted to note that the emergency responders already have the authority to land and we are all in the community appreciative of Mr. Nesbitt's invitation to use his property for that purpose, but that's entirely separate from this permit request.
The fundamental question that your board is asked is, is this compatible and appropriate with the area? Being a residential area people do enjoy their quiet properties and serene views, and I think everybody's aware just as human nature what happens when a helicopter flies over or even begins to approach. In addition however to the residential area it's a recreational area with public hiking trails and the path of the helicopter will travel immediately over one of the trails in fact there is a new balancing project trail that's included as part of the 101 widening project which has a multimodal path along Cayo Real directly in front of the project.
In addition, there are three monarch roosts and aggregation sites on the property. So it's a pretty sensitive area between the residential uses, the recreational uses and the habitat area all of which are incompatible with low flight of helicopters through the area. And as the Planning Commission noted, the noise is a different kind of noise. It's not just noise energy, it's a percussive sound that's very distracting and there's no real way to mitigate that.
So we appreciate your review of these issues and the next speaker is my associate Ana Citrin who will address some other issues. Thank you very much.
We will now go to Anna Citron, to be followed by Allison Groob.
5:09 – 5:165 turns
Okay, can you hear me? Good afternoon Chair Hart and Supervisors, Anna Citrin with the Law Office of Mark Sciatillo. I'll be covering some of the specific legal arguments for denying this project. The County's Coastal Zoning Ordinance as well as the LUDC require conditional use permits for designated helicopter landing locations. A CUP can only be approved if the Board makes a series of findings Including that the proposed project will not be detrimental to the comfort, convenience, general welfare health and safety of the neighborhood. And will be compatible with the surrounding area.
You heard from Mr. Schittillo and in many, many written comments submitted to your board about the many ways in which this project is detrimental to the neighborhood and incompatible with surrounding residential and recreational areas. In addition, the project must be found consistent with the comprehensive plan including the Coastal Land Use Plan and Summerland Community Plan. As you heard from staff, the project is inconsistent with a number of applicable policies including Summerland Community Plan Policy NS1 which protects residential uses from significant noise impacts, Policy BIOS3 which protects monarch butterfly roosting habitat which exists on site As well as the number of Summerlin Community Plan, Coastal Plan and Coastal Act policies that protect recreational facilities and uses including designated trail corridors like those that surround the project site.
And our slide four shows these existing public trails and their proximity to the project site. And then if you could please go to slide five That shows the Loon Point Beach Recreation Area, which is also very proximate to the project site and would be affected by helicopter landings and takeoffs as well. The record before you includes a huge volume of substantial evidence in the form of first-hand community and layperson testimony that support the recommended denial findings.
An additional reason this project should be denied is that its potentially significant adverse environmental impacts were not adequately identified or analyzed in the negative declaration and were not avoided or mitigated as CEQA requires. We detailed the numerous flaws and inadequacies in the negative declaration in our written comments, and I won't reiterate them here. These CEQAs are not relevant if you proceed with staff's recommendation to deny the project. So to conclude, this project does not fit within this community. It will further hinder enforcement of unauthorized helicopter takeoffs and landings.
And it is opposed by the vast majority of residents, many of whom have taken the time to communicate with the supervisors. We respectfully ask that you follow the lead of your planning commission and deny the project as your staff recommends. Thank you very much.
And chair Hart members of the board before we move on to Allison group for public comment I would like. To note for the record unfortunately there was a bit of confusion and by the clerk and we did and in fact receive mark should tell those power point presentation at eleven fifty nine on Friday so he did not need to vote into the record it was timely so I just wanted to note that for the record my apologies and we will go to Allison group next to be followed by Craig Bonner Thank you.
Okay, thank you Board of Supervisors. My name is Allison Gruby and I'm a Serena Park homeowner. I request that you please deny the NESVIP application today. I live one mile from the proposed helipad in NESVIP property and can tell you I hear helicopters from many miles away coming in and we already have as stated too much helicopter traffic in the area. I find it terribly inconsiderate to even appeal the decision when the community and the Planning Commission has already spoken loudly against this. In addition to this being unsafe, disturbing the character of our neighborhood, being loud and disruptive, unenforceable. And we'll open the door for the 11 other properties that Mr. Nesbitt has stated. Note that he's stated on public record to the PC are also currently still landing illegally on their property in the area to request permits.
We want enforcement on a problem that exists not allowing one. No one is an exception. These private landings cannot be allowed and will be a huge mistake. I have three points today. Private helicopters are disruptive to our neighborhood. Helicopters flying in and out of our neighborhoods are loud, intrusive, rattle old windows, disrupt peace and privacy, and I can go on and on. I have many videos and records and complaints I've submitted over the years. Loud helicopters, low helicopters, Washington helicopters tour the polo fields and beach areas and landings close to my home. These are loud, disruptive, unsafe, and especially now that I work from a home office, I am negatively impacted on most days.
Sure, there will be many more after this question. It's not okay. This will set a terrible precedent and irreparable damage because once the county opens the door to one person, there will be many properties in the immediate area that can make similar requests which is granted will destroy the nature of our community. We're in neighborhoods here and want to keep the quality of our neighborhood quiet. As I have stated, this will open the door to the 11 other properties that are also and currently still landing illegally.
And finally, this is unenforceable request. You mentioned the FAA or the FAA was mentioned. The proposed routing and use limitations are unenforceable. The FAA does not regulate helicopter routing and the county has no way to either. So the routes proposed by the applicant cannot and will not be enforceable which makes a proposed routing a useless condition of approval. Currently there's already too much traffic going over our heads.
I'm working with the FAA now And I know that we are in two different zones. And I know that you don't want to hear about that today, but I'm currently working under a discretional request with the FAA about enforcing our airspace and it's near impossible to do. And note that one of those zones is not even controlled by the FAA. The next request states the flights will be limited to two round trips per week by a copter no louder than a Robinson with landings in the middle of his polo field. I stress to you that there is absolutely no way the county can enforce these limitations. I've been trying to get enforcement of properties near me that have witnessed landings for years now, but it's near impossible. Please we need help of enforcement on the problem that exists not allowing of one and thank you so much for your time today.
Thank you Miss Grube.
We will now go to Craig Bonner to be followed by Eric Skar.
5:17 – 5:236 turns
Good afternoon, Chair Hart and members of the board. I am Chief Deputy Craig Bonner speaking on behalf of our Sheriff's Office team. We appreciate the opportunity to offer comments for consideration on this item. To that end, I'd like to share a few points for your consideration both as it relates to Mr. Nesbitt and his proposed Helistop project. The first is that Mr. Nesbitt is a longstanding partner In various efforts to support and improve the provision of public safety services within our local community.
Mr. Nesbitt proactively makes his property available to our public safety agencies during community emergencies, as occurred during the 1-9 debris flow. Mr Nesbitt has also repeatedly partnered with groups such as 1805 and the Santa Barbara Police Foundation in their efforts to address and meet Unfunded public safety needs within our local communities. Specific to the helistop, this project has the potential to improve the safety and effectiveness of our countywide air support unit during future emergency operations.
The location of Mr Nesbitt's property makes it an ideal base of operations during disasters and other emergency events both because of its proximity and ease of access to and from Highway 101, as well as the availability of significant open space on the property. Additionally because it is a secure location Mr. Nesbitt's property can be utilized as a temporary public safety helibase with minimal need for additional personnel to provide the necessary site security.
And finally the availability of site safety improvements for the landing of helicopters Even if only stored on site and brought out during times of need, can and will improve the safety of our air support crews should the need arise again in the future. Can landings occur without the availability of site safety improvements? Yes but not with the same levels of safety and efficiency.
All told Mr. Nesbitt is a valued community partner And we ask that the board carefully consider his appeal and the potential value of this project during future community emergencies. Thank you for your time and consideration.
Thank you, Mr Bonner.
We will now go to Eric Scarr to be followed by Ronnie Mellon.
Yes, good afternoon. I'd just like to say this is not solely directed at Mr. Nesbitt but anyone wanting to land their helicopter in the region. Most recently with the incursion of the marine layer helicopters are flying at lower altitudes over and next to the homes in the Carpinteria, Summerland and Montecito area. I have witnessed numerous helicopters flying at 200 to 300 feet off the surface following the coastline And the noise is intrusive and amplified by the low clouds and mountains.
And I find it very interesting that Mr. Nesbitt has already built the helicopter hangar, and I just want to note does he already know something that we don't? In an article in the Sacramento Bee, it said Mr. Nesbitt does not plan on owning the property for long The heliport was solely built just to boost the value of the property, the $65 million and entice a certain buyer that demands the ability to fly the helicopters from their front yard.
And a permit would not restrict the numbers of landings or departures or the type of helicopter. So Mr. Nesbitt's claim that only a small quiet Robinson helicopter will be making a couple trips per week Is worth absolutely nothing because this is a yes or no approval. And after Mr. Nesbitt sells the property, he'll have no say in how the heliport is run and with the heliport permit, the owner could land any type of helicopter as often as they desire.
In addition, the helicopters are an issue that the Sheriff's Department does not want to regulate We've called them numerous times when helicopters were landing in other parcels in the area, and the Sheriff's Department did not want to do anything about it. In addition, it is not something the FAA will regulate. So you'll basically be placing the monitoring of the helicopter traffic and the types of helicopter and when they land and when they leave on the residents which will lead to much more strikes And please do not pump this issue by allowing the incursion of helicopters flying low and landing in our neighborhoods, including Mr. Nesbitt's. I urge you to end the nuisance of the helicopters landing at properties in the area and please vote no on this issue.
Thank you.
Thank you, Mr. Scarf.
We will now go to Ronnie Mellon to be followed by Christianne Dimitri.
5:23 – 5:294 turns
Good morning Chairman Hart and members of the board. My name is Ronnie Mellon, I am a Montecito resident for over 43 years. I'm absolutely opposed to private parties getting permits to take off and land helicopters in our semi-rural neighborhood. Low flying helicopters are not compatible with the peace and quiet we covet. There's an airport 20 minutes away.
Helicopters create horrendous noise, windows rattling, BTS rising And then you add to that pet anxiety, fire and accident risk, environmental concerns, threats to wildlife and vegetation. It's hard to believe this is even being considered when it's clearly so incompatible to our area. And of course it would not be just one permit there would be the proliferation of permits from people who would want the same convenience as Mr. Nesbitt or if you will even as a kind status symbol, at our horrendous expense. Emergency helicopter use requires no permits and can land as often as needed and wherever they need to land. Denying this permit is for personal use only.
It's no secret that the Hamptons, Silicon Valley, Los Angeles and other communities are seriously regretting that they were not more vigilant about this incompatibility and its effect on their residents. They liken it to, quote, living in a war zone. I call it apocalypse now. Helicopter flight plans are not required or monitored about altitude, hours, and or frequency of use. There is no way to police this activity. There is no way to close the barn door after the chopper is released.
It is a guarantee that private helicopters will affect our environment, our sanity and also our property values. I'm sure you recall the tragic accident involving Kobe Bryant and seven others when their 25-year experience pilot crashed into a mountain on our south coast. Communities are nestled below the mountains all over here and behind them in National Forests. Do you really want us to live in fear that a chopper might crash or even cause a wildfire?
If you carefully consider this permit, I hope you'll recognize the true incompatibility and respectfulness of this request. And how it will irrevocably impact our quality of life and the character of our peaceful community. The fact that phones light up and things are on next door when a helicopter flies overhead, that should tell you how all over this community people are high alert for this kind of activity. No permit should be granted for the private use of helicopters, please.
Thank you for your serious consideration of this matter.
Good afternoon. We are residents of Padaro Lane since 1979, and we've already asked this board to deny Mr. Nesbitt's helicopter appeal for numerous reasons. As a mother I felt it was vital to call in today to stress the primary reason on my list preserve our children's right to safety good health and well-being, and deny his helicopter appeal. Helicopters are incompatible with our residential community.
They are loud and intrusive, noxious and frightening in their percussive nature overhead. Our son asked me what if it crashes mom? Our son suffered from a congenital life threatening heart condition And our beach was a safe place that brought him fun and the sense of gaiety that filled a gap in his young life. Especially in these times when our society is in such upheaval, not to be able to find safety and solace at the beach would be a tragedy.
To the board respectfully, this is the beginning of private helicopters flying low and over our homes, I am vigorously opposed. Deny Mr. Nesbitt's helicopter appeal. Thank
you.
We will now go to Sharon Byrne to be followed by Jim Taylor.
5:30 – 5:386 turns
Thank you, Board of Supervisors. I'm Sharon Byrne and today I am representing the Montecito Association. Like you, I've had numerous public comment on this issue starting back in July last year but when it was going before the Planning Commission we probably received north of 500 pieces of public comment at this point many from neighbors in adjoining Summerland and Carpinteria who have asked and we've accepted to stand with them and urge you to deny this appeal We attended the Planning Commission hearing and your planning commissioners found correctly that the loud percussive noise events caused by helicopter takeoffs and landings are incompatible with the surrounding neighborhood, adjacent trails, and nearby environmentally sensitive habitat.
We recognize that this is kind of unique to where this is given it's in the coastal zone and there are several high density neighborhoods quite close by to this property Which is probably not the case in the North County, where helicopters taking off may not be noticed by anyone because they're happening on large agricultural tracks. That's not the case down here and it has been very problematic for neighbors to have the Edison helicopters overhead for reasons mentioned by other speakers such as PTSD. However, Edison is mandated by the state to make absolutely sure that their equipment is not breaking out yet another wildfire and this is not the case. This is for a sole occupant of a property Thank you, Ms. Byrne. We will now go to Jim Taylor to be followed by Kay Walters.
Hi, this is Jim Taylor from Carpinteria. I'm on the board of the Carpinteria Valley Association but our attorney has handled the primary complaints and main points quite adequately. I'd just like to add a personal comment request that you do not permit a precedent setting private helipad in a residential area. The residents of the Carpinteria Valley are already subject to numerous daily helicopter flights Frequently so loud that they interrupt conversation in our backyard.
They could simply fly a mile or so offshore and spare us the racket, but they do not such as their lack of consideration for the people below. Is there any reason to believe that adding more helicopters to the airspace above our homes would improve this situation? While Mr. Nesbitt may be a generous and civic minded individual Allowing his property to be used for nonprofit fundraisers and so forth. This benevolence in no way mitigates the impact of loud, percussive noise on the people and animals who live in the Carpentaria Valley and Summerland and Montecito.
Please do not legally permit one individual to have such a negative impact on so many others Mr. Nesbitt and all the polo players can drive 15 minutes to the airport like everyone else.
Thank you, Mr. Taylor.
We will now go to Kay Walters to be followed by Penelope Bianchi.
OK. Dear Chair Hart and members of the board, I'm Kay Walters, Communications Director for the Padero Association. On behalf of 115 properties on Padero Lane and hundreds of family members, we ask that you deny the application for a heliport at 2800 Villarreal. We took a poll of our Padero residents, and we received 151 responses. All were against approving the permit Zero were for approving the permit.
Here are some of the reasons. The proposed flight path is intrusive flying along the coast in front of 200 plus homes and carpentry and then inland beyond the west end of Padaro directly over a public beach horse trails bike trails and the new Pacific Coast Trail will negatively affect humans animals and our environment We've had many complaints from federal residents over the years about helicopter noise, as it is very disruptive and often rattles our windows because there are no height restrictions with helicopters.
Why legalize an additional 18 plus one-way flights per month or 210 flights per year for one person's commute to Los Angeles? Secondly, the county will have no way to enforce the proposed number of flights per week The type of helicopters used or whether the applicant will have friend patrons visit in their helicopter. It is very hard to read registration numbers or to get photos of the helicopters actually landing.
More importantly, the applicant's home is currently for sale. The applicant's commute will be a moot point once the estate sells. For sale ad boasts a new helicopter hangar which I believe is unpermitted. Also, the applicant is building a new home next door and has admitted that he will retain the rights on the deed to use the helipad and hangar once it sells.
Thus two homeowners will now be using the heliport with no way to enforce the stated 2 round trips per week that the applicant originally requested for his commute to LA. Approving this permit will set a bad precedent The applicant has admitted there are currently a dozen homeowners in Clark Valley landing helicopters illegally at their homes. If you approve this permit, it will open the door to future applications for those 12 helicopters and perhaps new ones which will add noise pollution and lower the quality of life throughout Carpinteria.
Do you want to inconvenience just one person or many? We don't see why you should disturb hundreds of families so that one person can commute directly to LA rather than drive to the Santa Barbara Airport 20 minutes away and fly from there. And lastly, the emergency landing use offer by the applicant is not pertinent. In an emergency first responders can land anywhere they want with an emergency permit. Emergency helicopters can easily land on our beach in front of us or the polo fields or many other fields around here in fires or floods to save human beings.
For these reasons and more, we ask that you please deny the applicant's helispot permit. Thank
you.
5:38 – 5:5614 turns
Hi there, good afternoon supervisors. I'm Penelope Bianchi and I've been a resident of Montecito for 23 years and everyone who's gone before me in voicing their objections have done an excellent job and I don't need to repeat any of it. I just would add my particular interest in the wildlife of the area which hasn't been covered already so much birds monarch butterflies Wild mammals are part of the natural beauty of our surroundings and our neighborhoods.
These things are very, very impacted by the takeoff and landing of helicopters. Anybody who's stood next to a helicopter landing or taking off is aware of the difference of the noise from a highway versus a helicopter landing or taking off. And I'm asking you to protect all of us from this intrusion Please deny this permit. Thank you very much.
Thank you, Ms. Bianchi.
Our next speaker is Lance Strumpf to be followed by Roy Handelman.
Hi, this is Lance. You don't have to call me. I can do it on the Zoom. I'm sitting here with Pat Nesbitt. How's that? Okay, Mr.
Strumpff,
thank you.
I
don't think he wants to comment. He's with Mr. Nesbitt
Oh great yeah how's the connection good?
Yes I do want to know the volume. If you have the ability to turn up the volume at your end we can't hear you very well. Can you hear me now it's better but it could go louder for sure
Just give me a call and I'll talk to you on the phone. Okay, thank you. Hi, good
morning.
Okay, good morning this is Lance Trump speaking it's my privilege to speak today to this adjudicatory body Today the Board of Supervisors sits much like a judge or jury to apply the facts to the law without political pressure or influence but considering only the evidence. And before I go further, I'd like to point out that the original staff report that was authored by Ms. Harmon in fact made all the findings necessary to issue the conditional use permit And but for the public outcry, actually nothing changed.
I'm the attorney who filed the timely appeal. I am also a 35-year helicopter pilot with over 11,000 hours with no violations or incidents and many flights into the Santa Barbara area including onto private property but always with permission of the owner. Now being familiar with the landscape here in Santa Barbara and the areas surrounding the Nesbitt land We have to consider the elephant in the room.
And the elephant in the room is the 101 freeway, which without a doubt is a major transportation thoroughfare handling thousands of cars, trucks and motorcycles each day not to mention the train that runs along the highway and both of them border the Nesbitt property fully to the south. So I ask you how can it be
that another form And it will be changed by the noise. It's already been changed by the
5:56 – 6:0111 turns
noise. The other point I'd like to make is, I think it's important for all of us to be good citizens
and act for the greater good.
I'm going to go ahead.
Hello County Board of Supervisors. Thank you for listening to all of us who are opposed to this request.
Mr. Chair, while there's a lull just curious do we know how many speakers we have today?
One more.
I would like to take exception to what was said previously about the predominant feature of the neighborhood where my husband and I live which is Pajaro Lane. A previous speaker said that the predominate feature was the highway And I can only tell you that my husband and I have been knocking on the door of this exquisite community for 35 years, wanting to live here and eventually being able to afford to live here.
We know that what is important is the covenant of our quiet enjoyment. And we would like you to consider the fact that this heliport and this helicopter will create nothing but a continued nuisance So please, please deny it. Thank you.
Thank you Ms. French.
And we will now go to our final speaker Jean Marie.
Good afternoon Chairman Hart and supervisors. I'm Jane Murray and I have been riding my horse and hiking the trails in Summerlin for many, many years. It's one of the delights of my life because it is just so enjoyable and the tranquility is amazing. I've ridden by Mr. Nesbitt's property on many occasions. I did have one experience with my horse in a helicopter as I was going up Lambert Road. A helicopter landed on the polo field across the street.
And my horse was very frightened and all she wanted to do is run away, and I can imagine what can happen when horses are in proximity to helicopters. And I'm wondering about Mr. Neziz's equipment storage area on the south side of his property which is just over the fence from the riding and hiking trail. If a helicopter were taking off or landing from that facility, it would be more than tragic I have a feeling.
And in order for him to get to his what I'm calling his hangar, his equipment storage building he would need to fly up from his polo field and then down again at his equipment storage area so that would be additional landings and takeoffs I'm also wondering if he will have friends, colleagues and polo players also coming occasionally to his field requiring more takeoffs than landings. So I really do hope that you will vote to deny the appeal for the safety of everyone and the tranquility as well. Thank you.
Thank you Ms. Murray. And thank you for everyone who commented. That concludes public comment and now we are back for five minutes of rebuttal with Mr. Nesbitt.
6:02 – 6:0812 turns
Mr.
Nesbitt,
we can see you. Yes, thank you. I hardly know where to begin. There's so much
falsehood. If you could turn up the volume at your end? Well, you're very faint.
Can you hear me now?
I don't know if it's any better,
but...
Why don't you just try and speak a little louder. Yeah that would be helpful. Thank You Supervisor Adam.
Okay go ahead. We okay now?
Please go ahead
Yes. Okay, thank you. I hardly know where to begin. There's been so much false information that's been brought out. It's, I think slightly unfair that I get 10 minutes to talk and everybody else, you know, you'd get an hour, an hour and a half opposition speaking. But I mean, guess that's the rules and that's what we'll live with. I just want make a couple of points. First of all, my property is zoned agriculture.
I am protected both by the California constitution in the county ordinances of Santa Barbara On the right to farm ordinances. That right to farm ordinance says that people who buy residential properties in agricultural areas have got to acknowledge the fact that there are noises, dust operations that go on that might be incompatible with their residential use but they're that's what they're buying when they buy into a residential, when they buy into an agriculture area. Our area is completely surrounded my property is completely surrounded by agricultural properties There's a fundamental thing about this. I mean, you could deny my permit but every one of the complaints that you've heard here this morning is not gonna change.
There are gonna still be 700 helicopters flying over Santa Barbara County every month. We live in a beautiful area, it's beautiful surrounded by the ocean on the South and the mountains on the North. However those two beautiful geographical features create a funnel Every helicopter comes through that funnel. Helicopters are not allowed to fly two miles out over the ocean, at least single engine helicopters are not and they're not allowed to fly up in the mountains so they fly where they can and that is in that little corridor in some places it's only a mile wide and every helicopter in this area comes through that corridor and that's not going to change with my permit for two flights a week That's all I've asked for, not unlimited and not all the time.
Not every night only a certain limit about times they say what's the enforcement procedure? I'll tell you what the enforcement procedure is. It's the same thing that operated 23 years prior. I enforced it because I want to make sure that I am not going to be intruding upon my neighbors with my operations. That's why I had flight plans created and made sure that everybody who came to my property knew And if they fly that flight plan, the intrusion to neighbors is almost nonexistent.
So I say to you, if you want to go deny my permit and you want to deny a lot of the things I've tried to do for this community, you go ahead and do that. You have a right to do that. But what I'd also like to offer is this is a conditional use permit. If you grant me what I've asked for and I start violating it or you find people complaining about How we operate, you can take that permit away. I have no problem with that.
And as far as the issue about selling my house, I don't know if it's gonna be sold anytime in the near future. I am building a house next door. I intend to retain the flying rights for my helicopter even if I sell the house and there won't be commuted. There'll be two flights per week whoever flies them. So I asked you to really consider that Yes, there are detrimental things that happened with helicopters flying but the helicopters are going to continue to fly. They're not going to stop and they're not going to go down by any amount. They'll probably go up more than anything else and to deny me my two flights a month is I think just going to be at height of taking somebody that just tried to do the right thing I had to go through the process of applying for a permit and taking three years, getting a negative declaration from the county.
Getting noise studies that show that my property had no negative impacts on the noise in the community. And then it turned down because of emotional arguments about helicopter noises that will continue on into the future. The only other thing I could talk about really with some degree of authority is the horses. We have two wranglers who ride down to the beach every day with groups of novice riders, five ten people at a time sometimes four or five times a day sometimes seven days a week both those people who have a vested interest in riding horses past my property have written letters saying horses are not effective it's a bogus argument It doesn't affect, and there's also another letter from Mrs. Graham who is a longtime equestrian who was chairman of the Beach Committee for the Summerland Citizens Association who says she rides her horses on the beach all the time and that doesn't happen.
So again I like to say that I wish I had more time to talk about a lot of these other issues that were brought up but none of those issues are going to change by denying my permit. Those conditions will continue to happen so I request that you respectfully Grant me my wish to have two flights a week. And if it becomes a problem, we're prepared to lose that privilege. Thank you very much for your time.
Thank you Mr. Desmond. Next we have staff comments. Are there any additional comments from members of staff regarding the public testimony or the appellant's remarks?
6:08 – 6:1413 turns
Can I add a specific question?
Yes, please.
One of the points of disagreement seems to be on enforceability of any conditions that we set Can you comment on how enforceable conditions on flight path or how often it lands? How enforceable is that from the perspective of the department, I think is an important thing.
Mr. Chair, Supervisor Williams in terms of the flight path we don't really have control over that because that is when the helicopter's in the air but we do have we can weigh in on what happens on the ground so if there are more than two flights in a given week if that's what the condition is which is part of the project description And we started seeing an increase in helicopter landings and that would be a violation of the conditional use permit.
And if that were to continue, in theory that CUP could be revoked. I'm not sure if County Council has anything they want to add on any of that.
Chair and supervisors, I'd just go back to what I had said at the beginning before public comment. And that is that this is an area where it's the FAA that controls flight patterns and really airport noise. And what's within the board's discretion in the control of the land use code is the actual sighting of a particular heliport. So as you're going through this, I would just ask you to consider the context of this particular site as a helicopter landing space. That's probably the easiest way to summarize the law in this area. How what you've heard today and seen in the record impacts your ability to make the findings for conditional use permit as to this particular site as a helicopter landing
area? Thank you Mr. Guzzone. And do you have any information on how many enforcement actions that we've taken against properties that have helicopters use? Because I mean, we do have a lot of reports of them.
Mr. Chair, Supervisor Williams, I'm going to ask Mr. Darville to respond to that.
Thank you Miss Plamen. Mr Chair, Supervisor Williams we get a number of complaints with helicopter landings in the area and they come to the zoning counter and so that we do have enforcement actions that come in over time it's something that is difficult for the counter to an enforcement staff to identify where a helicopter has landed so it just take time and we work with the public and whoever the complaining party is to identify The property and to provide us as much evidence as they can. So photos, videos anything like that is very helpful but we do have a number of properties that we have taken enforcement action on for the landing of helicopters.
And then have we maximized the potential within state law for the fines for such a violation? One of the public speakers brought up that as a policy tool.
For fines, I would have to look up what we've done exactly in the past. My understanding is that once it happens it's not an ongoing thing so we start with our standard process. I don't recall off the top of my head what our beginning fine is but fines do increase as offenses increase as well.
Supervisor Hartman?
Yes, on the issue of fines I remember your predecessor Director Plowman had an initiative in Sacramento for special events and I went to testify to increase fines for special events but for regular violations they're quite low. They go up during the year and then they start back again at the end of the year at the new year so the fines are not much of a deterrent I had a question that there was some public comment about the Helicopter garage, I guess being unpermitted and I just wanted you to address that. I don't want that to be in the record
Mr. Chair Supervisor Hartman my understanding of the The hangar is actually it's a it's permitted as an AG storage structure. And so with this conditional use permit, it would be what would be considered customary and incidental to the heliport. So the structure itself though is permitted.
6:14 – 6:2422 turns
Are there any other questions of staff? All right well the matter is to the board.
Mr. Hart, I do have one.
Yes, Supervisor Lavinino.
I'm just curious if we know how many train trips go by that area, go by the carpentry area through that neighborhood every day?
Madam Chair, members of the board, Mr. Chair, sorry. Actually I do not have a number on the number of trains that go by. There's a fair amount that travel through the area but I would be a wild guess if I came up with a number.
All right thank you.
Less than vehicle trips on the 101 and more than the helicopter flights Mr. Nesbitt is proposing?
Yeah, I was looking at the 101 and I think it said 7100 an hour so that comes out to about 5 million a month. Pretty significant.
All right anyone- You want me to start? Sure Supervisor Adam.
Okay. Could we bring up the, I think it's probably the second photo of the staff presentation that shows an overhead view of the property. It was right at the front end of the staff presentation. And I'm not sure if you got it up yet or not, because I'm looking at you guys.
Supervisor
Adam, we're working
on it. There
you go. OK, there you go. Yeah, well, you just look at that parcel and it's surrounded by open properties. Are we looking? Is up north there? I get lost down there.
You
know if you just look at the South side of that and it's its freeway and you look at the. East side of that and said ginormous open field and you Mostly an enormous open field with one or two houses with people who live in rural areas. And when we live in a rural area, we know that there's gonna be a little bit of noise from time to time. I just think this is, especially the way the public comment went frankly it's just a first world problem.
You know if you put this into context, up here in the north we would love it if we had a gym. If you get tired of living down there I wish you'd move up here because we could use a couple billionaires up here that do expensive things and would contribute to our well-being up here. I just think everybody seems like they want to ignore the noise from the train, the freeway, the ocean.
I remain unconvinced that we even have jurisdiction on this and I don't think the Coastal Commission does either because I think the FAA regulates the conduct of helicopters and their pilots. And I know we've been told otherwise, but I just think that there's a deeper magic out there someplace in the FAA that we're not hearing from. The property is zoned ag and it's surrounded by ag use.
It just seems very unreasonable to me to deny this.
Thank you Supervisor Adam. Well, I
can close out the North County if you'd like.
Please go ahead.
All right and I have to agree a lot with Supervisor Adam. The public comment seemed a little bit disconnected from when I actually look at what the project is it's somebody flying twice a week and that can be conditioned And I can't even imagine, if I look at that flight plan over the freeway, over the train tracks and to the property. I can't imagine that it can be more than a couple of minutes worth of intrusion into somebody's life for a couple of times a week.
And sometimes that's what living in society is, is dealing with things. We've got, and I'm happy it happens. We have planes taking off here that are going to fight fires all throughout this state because we have the FOSS check here at Santa Maria Airport. It wakes up the whole city every time that thing takes off and I understand it has a greater good in that people said well this is just for one person's benefit but It almost feels like he's being penalized because he can afford to do it. And I know an ag helicopter can fly around that area all at once, and in fact if Mr. Nesbitt wanted to, he could hover 500 feet over all those neighborhoods until his fuel got low because we can't do anything about that airspace. It's only if he lands he needs a permit.
So I mean looking at that photo of the parcel itself, looking at the flight plan. I understand nobody likes to be inconvenienced but this is the slightest of inconveniences that I could possibly imagine and you know I think people realize that so they're saying well it's not just this one there's going to be a whole plethora of these coming He's been working on this for three years. I don't know very many people who are going to want to put three years of their life at hold to try to be able to land their helicopter and the cost that's associated with it, the time that's associated with it. And even if they did, we have the ability through the CUP process to give a thumbs up or a thumbs down on something like this. So, I just can't see any way for me that I could deny this.
Thank you Supervisor Lavinino. Supervisor Williams?
So I think it's hard to talk about this without talking about the context of the public policy problem. And the public policy problem is that there either are a lot more helicopter flights or people are more aware of them than ever before. I tend to actually believe both are going on. My office has received so many more complaints in the last two years about helicopter flights than we had in the past.
And I think it's partially that there are some individuals, maybe about as many as 10 that seem to have the wherewithal to be doing this on at least an occasional basis in that area and then maybe it's also The community after its experience two years ago is a lot more aware of the sound. I think that may also have to do with it as well, and then add to that the fact that Southern California Edison is doing a huge amount of their line inspections by helicopter flight and you're talking about people feeling enormously impacted.
And I do think that's a public policy problem, especially in the context that we have limited control as has already been articulated about how to fix that. I have contacted the city administrator at the City of Santa Barbara because they have an airport You know, we don't have a whole lot of good hooks on how It is important to put this project in the context of that problem, I think.
It is also, you know, I also have some sympathy for Mr. Nesbitt that he is applying for a permit when at least nine other folks are not applying for permits and maybe getting an unfair share for the problem because he's the one applying. But for me, the findings... So my understanding and correct me if I'm wrong is that helicopter use is not zoned for in this area. That's why a conditional use permit would be necessary. Is that my understanding?
6:24 – 6:3317 turns
Mr. Chair, Supervisor Williams. So it's allowed under a conditional use permit because it's not a principally permitted use so it's not something that would be allowed with a normal coastal development permit. That is the reason why. But generally all zones in the coastal zone would be allowed with a conditional use permit.
My sense is that the findings are difficult to make without believing that the conditions that have been articulated by the applicant are enforceable. And I guess, number one we cannot enforce that flight path. I think the only way it's compatible is if that flight path is somehow binding and we can't enforce that flight path. Also very much am persuaded by the argument made by one of the Padaro residents while I just had to step into the side room so I'm sorry I was listening.
That there are several open parcels on the west end of Padaro. Because, you know, the question is will you have other applications as well? And I would say first of all, I do. Accept the argument and I do accept the argument of the applicant that you could deny applications of ones that do not have a flight path is compatible with residential use, but it seems to me that there's at least a good handful of parcels My constituents or I believe that the totality of use of four, five different parcels with permits would be in their totality compatible with the residences.
So I will support denial of the permit and upholding the planning commission's findings. Or lack of findings in this case. Supervisor Hartman.
Well, I would agree with Supervisor Williams. It was stated that this is ag land but it's not a helicopter for ag use. CNBC talked to the listing agent who said that the owner recently added the helicopter hangar to the estate and is working on a permit to land on the driveway in hopes of making the ranch more attractive to buyers who live and work in L.A., so that's not an ag use of the helicopter.
I think it's bad precedent, and I think that we would encourage more of this, and I don't think that's a good idea in a residential area like that. I know people even in the Santa Ynez Valley were this to be proposed. It was raised at one point, and people were very much against that. When we have conditional use permits, we often put the burden of enforcement on neighbors and I don't think that's correct.
And we have very limited tools as was said to actually identify and get other people to get the evidence and then it's very difficult to enforce. And our fines are set by the state so it's very difficult to make it really a deterrent. So I don' think our enforcement scheme is very well adapted to this sort of a use. Again, I think it's not a good precedent. I think we have an alternative of an airport that's 20 minutes away.
If there are emergencies people can indeed, the sheriff and other emergency responders have the right to land at other areas. I'm very grateful that this property was used in that way, but I don't think that necessarily the new owner would do that or if they do it would be contingent on getting a permit. I don' think we want to get in the business of trading off giving somebody a permit and we should lease land if that's the case for these kinds of uses so So I would agree with my colleague from the first district that we should uphold the denial. It's basically, the reasoning that I have is 2-2-2.
The project will, it's really incompatible with the surrounding area due to its proximity to residential neighborhoods, the trails and the rural character as well.
Thank you and I agree with my colleagues here in the room. I don't think it is in the best interest of the community at large and meets the standards that we are required to find. to approve this conditional use. I appreciate all of the things that Mr. Nesbitt has done to the community, he's a very generous person and has done a lot for our community and I know he will continue to but this specific request is the first one of its kind and needs to be scrutinized very carefully as a result and I can't make the findings to approve this conditional use.
Is there a motion? Supervisor Williams,
I will make the motion to uphold the Planning Commission's lack of findings and deny the application.
I would second.
Motion has been made and seconded is there any
discussion? Yes. I just did want to add one direction And and I do think you know, I I do want to reiterate your point that it is We are fortunate to have residents like Mr. Nesbitt who are willing to be partners in our public safety, but we have to adjudicate and make public policy for both the righteous and the wicked alike, and we don't know who will be there in the future.
And so I think you kind of have to make this as if it could be anyone there, right? But I do want us not to ignore the bigger public policy issue. And so, I would ask staff to return to us with a question of if we have not maximized our fining deterrent to come back with that? My guess is we already have statutorily maxed it out but if we haven't, I'd like you to return with that.
Mr. Chair, could I just ask the maker of the motion if his motion could include all four of staff's recommendations here concerning the denial package of deny the appeal, make the required findings for denial, the CEQA exemption and deny the project de novo? Absolutely.
The staff have conveniently put all four points up on the PowerPoint just to make sure that We include all and as a maker of emotion. I will include all 4 points, but with a 5th to asset staff return to us if we have not maxed out statute or the statutory authority that we have to use fines is a deterrent.
I would second that
so motion has been made in second it is there any discussion to the motion? Would the clerk please call the roll?
Ms. Hartman? Aye. Mr. Adam?
No.
Mr. Lavinino?
No,
Mr. Williams? Aye and Chair Hart? Aye. Motion passes 3 to 2.
6:33 – 6:331 turns
That concludes our business for today we will now adjourn the meeting to Tuesday July 14th 2020