UnGovr Transcript
iHow this transcript is madeUnGovr transcribes the official recording with automated speech-to-text, separates speakers by voice, and matches voices to the seated roster. Names and attributions are AI estimates and may contain errors.Verify any quote yourself: click anywhere in the transcript and the official video jumps to that exact moment, so you can check any quote against the recording.0:03 – 0:0622 turns
Good morning. I will call to order the November 17th, 2020 meeting of the Santa Barbara County Board of Supervisors. Will a clerk please call the roll?
Mr. Williams?
Here.
Ms. Hartman? Here. Mr. Adams?
Here
Mr. Lavinino?
Here
Chair Hart?
The next
item of business is the approval of minutes from the November 10th, 2020 meeting. Is there any discussion? Is there a motion please?
Move approval.
Second. Thank you Motion has been made and seconded. Madam Clerk, would you please call the roll?
Mr. Williams? Aye. Ms. Hartman? Aye. Mr. Adams?
Aye
Mr. Lavinino?
Aye
Chair Hart?
Aye
Motion passes unanimously
Thank You CEO Miyasato is there a CEO report today
There is Chair Hart, just really quickly. I am pleased to announce that we are now providing live Spanish interpretation of your board meetings in addition to our public health COVID-19 press conferences. The live Spanish interpretation is currently available for Cox Cable subscribers and we anticipate the launch for Comcast subscribers in 2021. In addition video recordings with Spanish interpretation will be posted to the county's YouTube channel at CSV TV 20 Cox subscribers can access secondary audio programming or known as SAP in their language, audio settings to set the alternate or SAP option. A press release is being issued today with more specific directions in English and Spanish.
And all of you know that County Board of Supervisors meetings are televised on cable TV channel 20 and streamed via the county website and on YouTube CSB TV 20 video recordings of the meetings are rebroadcast on CSB TV Cable channel 20 and post it on YouTube. So we've been working on this for quite a while, thank you to general services and CSB TV staff and the clerk of the board's office.
It wasn't as simple as we thought given the age of the structure and the audio settings and it took a lot of time in masterminding that so thank you to them and we are planning to do a larger project on the audio visual for all the board rooms and that's slowly moving ahead but we wanted to get this done so thank
Well, thank you. That is a great news and I know it's going to be really well appreciated. My mother happened to be watching a broadcast that was translated in Spanish and she said, I didn't realize that she spoke such mellifluous Spanish. And I can only thank Carlos Sarasato for making me sound good because... Your mother even loves Carlos' voice. She does. Madam Clerk are there any announcements or changes to our agenda today?
0:06 – 0:091 turns
Chair Hart and members of the board, I have a couple quick announcements today. I first would like to remind the public who are participating in our board meeting today if you would like to make a public comment on our agenda today or general public comment please call area code 805-568-2240 And state your name, your phone number and which item you would like to speak on and we will call you at the appropriate time. That number is also scrolling at the top of your screen.
Please make every effort to be available and mute all streaming devices once it is your turn to speak. Again that number is area code 805-568-2240. Additionally we post in an addendum to our agenda on Friday Adding two items to today's agenda. The first item is Administrative Item number 30, this is from General Services and Community Services. It is to consider recommendations regarding approval of a sub-recipient agreement with Good Samaritan Shelters Inc for the provision of housing navigation services in operation of a temporary emergency shelter.
And the second item we added to our agenda today is departmental item number seven. This is an item from Public Works, it is a hearing to consider recommendations regarding an ordinance temporarily amending chapter 28 to add chapter 28B special encroachment permits related to the COVID-19 pandemic response and both of these addendums are available to the public online as well as in the back of the room for any staff.
And our third announcement today is we will, we did receive a request from staff to trail administrative item number nine until after closed session. Administrative item number nine is from General Services Public Works Board of Directors Flood Control and Water Conservation District. It is to consider recommendations regarding the acquisition of 660 Randall Road Anthony 1760 East Valley Road, Flaster.
620 Randall Road, McDonald's. 650 Randall Road, Nicoletti. 680 Randall Road, Rentals, Rinskin, Rentels and 670 Randall Road, Waldroth by Flood Control and Water Conservation District for flood control purposes APN 007120034 007-120-059, 007-120-054, 007-120-035, 0071-20032 and 0071-20033 respectively. RP file number 003892 and this is in the first district and there's a four fifths vote required on this item. And again we received a request to trail this item until after closed session.
0:09 – 0:114 turns
Thank you Madam Clerk.
The next item is approval of the administrative agenda. Do any board members request to pull any items on the administrative agenda? I know Supervisor Williams asked for A9 and we have the public request for A20, are there others from board members? I don't think so. So Madam Clerk could you please read Item A9 into the record?
Oh,
that's right. She just she just read it right? So I don't need her to read it a second time though. I did and I understand that we're trailing it but I thought beginning the meeting. Enormous in an age where we, where the body politic tends to neglect infrastructure instead of built new infrastructure. This is this acquisition at Randall Road. It's an incredibly important milestone and proof of the county's commitment to increasing the safety of residents who have experienced great tragedy and great challenges because of the debris flow.
I also wanted to note without taking much time that there's no fewer than four items on this administrative agenda addressing homelessness and mental illness, including the beginnings of the surveying work for You know a mental health rehabilitation center. I mean this is these are huge efforts and if we weren't so busy with coronavirus and other items on today's agenda like roundabout appeals, we would take more time to present them to the public but but the county in the time of COVID is doing much more on homelessness than ever before and I want to thank my colleagues for the support A lot of attention for flood control, and so each of you have given for the past couple years a little bit of your attention for the benefit of my constituents.
And I really want to appreciate that work and the county's commitment to having Montecito and Carpinteria recover from the debris flow. Thank you Supervisor Williams. Madam Clerk could you please read item 20 into the record?
0:11 – 0:1321 turns
Chair Hart and members of the board. Administrative item number 20 is from Public Works Board of Directors and the Laguna County Sanitation District. It is to consider recommendations regarding flood protection project statement of final quantities, and this is in the 4th district, and we have one request to speak on this item, and that is Kurt Aman.
Hello.
Hello, Kurt. You can go ahead with your comments.
My I believe I might be on the wrong docket. My comments were directed item 20 not 28.
Mr. Aman, we are on administrative item number 20 regarding flood protection project statement of final quantities.
I apologize that's not what I wanted to speak on sorry for wasting the board's time.
What would you like to speak on Mr. Aman?
The development and expansion of programs in agricultural land, option two and three. Again kind of echoing Doss Williams comments during COVID it's become even more clear that being an agricultural business...
Mr. Aman we will move you to our departmental agenda thank you.
Okay. Could we get a motion to approve the balance administrative agenda trailing Item A-9?
So moved.
Second.
Motion's been made and seconded, any discussion? Madam Clerk could you please call the roll?
Mr. Williams?
Aye.
Ms. Hartman? Aye. Mr. Adam?
Aye
Mr. Lavinino?
Aye
Chair Hart? Aye Motion passes unanimously
And now is the time
Agenda Discussionitems moved / continued / pulled, click to expand
for members of the public to speak on items that are not on the agenda today. Madam Clerk, are there any requests to speak on items that are not on today's agenda?
Chair Hart and members of the board, we currently have four requests to speak on our general
0:13 – 0:1914 turns
public comment today. I believe we have a few coming in as we speak. We're going to begin with Roger Whitner to be followed by Katie Mickey.
Good morning Supervisors. My name is Roger Rittner. I wish to comment on the proposed design of the Olive Mill Road Coast Village Road roundabout. My comments do not relate to the roundabout appeal later on the agenda. However, I want the supervisor...
Mr. Rittner? I'm sorry my apologies but that item is later on our agenda today and that is going to be departmental items number four and five so that is not our general public comment period
As I mentioned this, my comment does not relate to that appeal or that agenda item.
Thank you.
May I continue? Go
ahead.
Thank you. I want the supervisors especially Supervisor Williams to be aware of the serious negative effects the Olive Mill roundabout will have on my property My wife and I own the property at 110 Olive Mill Road at the corner of Olive Mill and North Jamison Lane. Specifically, we're very concerned about the design of the exit ramp from the roundabout to northbound Olive Mill.
Based on the current design plan, the exit ramp would utilize most if not all of the right-of-way that extends onto our property. That would confiscate as much as 10 to
12 feet. This is not public comment, this is comment on the roundabout. I don't think we should be giving people two bites at the apple.
Mr. Gazzani?
Chair and supervisors when the speaker indicated he was not addressing the appeal I'd recommended hearing this in general public comment but his comments are definitely addressing the appeal and recommend hearing it in the appeal
Okay. Mr. Ritter, excuse me, that is item A or excuse me, departmental item number three? Is that right? Four. Number four and we'll be taking that up later and would very much like to hear your comments at that time so thank you very much for being here today. Next person is Ms. Mickey.
Yes Chair Hart and members of the board our next request to speak on general public comment is Katie Mickey to be followed by Sean Mortland.
Dear Santa Barbara County Board of Supervisors. Last year December 10th the county board of supervisors passed agreements with the telecom industry to deregulate the installation of wireless telecom facilities without public input. Eleven months later 4G 5G antennas are being rolled out like popcorn all across our county with no public notice despite the fact that the non-thermal Effects of RFR have been substantiated by thousands of peer-reviewed studies which prove harms caused by nonionizing radiation.
Cell towers are highly combustible and greatly increase the risk of fire in our high fire risk areas, despite the fact that property values are devalued an average of 20% once cell towers are installed Despite the fact there is no insurance company that will cover any potential harms from this wireless technology, Swiss RE pronounced the technology potentially as problematic as Abestos which bankrupted so many firms that the Abestos Trust Fund was formed which injured parties can seek compensation. Despite the fact the Saffer Center for Ethics at Harvard University has published a scathing indictment of SEC The captured agency, how the Federal Communications Commission is dominated by the industries it presumably regulates. The report compares the wireless industry to the tobacco industry.
How many people and properties will become the casualties of the massive increase in cell tower installation being rolled out within our county? You've been told the Telecommunications Act and the FCC trump your ability to regulate the telecoms Your responsibility to our county is to protect it from litigation by the telecom industry rather than to protect your residents and the environment. Your hands are tied.
Who will be liable when residents decide to sue for their damages and they learn that the telecoms have shell companies that protect them from lawsuit? We have many precedents here at Safe Technology for Santa Barbara County to offer you that refute the mantra, your hands are tied Regulatory ordinances are a powerful tool we can use to safeguard our county.
Encinitas for example has had no applications or installations for new small cell facilities since October 2019 and no 5G small cell antenna installations that is 14 months of avoidance by the telecom industry. How did they do it? Encinita City Council and Ordinance Committee listened the recommendations and met regularly with their residents. In October 2019, they adopted 29 regulatory measures into their telecom protective ordinance.
These protective measures were enacted to keep the resident safe. Safe Technology for Santa Barbara County asked you to adopt Encinitas' measures to keep our county safe. Thank you.
0:19 – 0:2614 turns
We will now go to Sean Mortland to be followed by Miriam Lindbeck.
Hello, my name is Sean Mortland. Thank you for taking my call today. I just started my timer here. If you can't hear me please interrupt and let me know. I live...
Sean if you could just please make sure to speak loud and clear that would be greatly
appreciated. Will do. I'm going to speak directly through the phone. Can you hear me a little bit better now?
A little bit, but it could be louder too.
A little bit. Okay, I do have a loud voice so I'll turn it up a bit. The reason I'm calling today is that I am a member of Safe Technology for Santa Barbara and I'd like to speak on the matter that Katie just spoke to. My focus in this next few minutes will really be focused on children. Proliferation of electromagnetic frequencies that are non-native and highly invasive to their development.
There are thousands of studies and there are there is strong evidence linking Wi-Fi exposure pre and post birth to autism in children. I'm 41 years old when I was born the rate was about 1 in 2000 for autism today it's closer to one in 20 And so things are going clearly in the wrong direction. And the rate of autism is now doubling every four years and meanwhile we continue to put up antennas. We have our children at home soaked in Wi-Fi learning remotely which I understand there's not a lot you may be able to do about that but that is the situation. So their exposure to these harmful frequencies is going up and up.
The We just do the math on that for one and 20. Now you go out four years. Well, now we're at one in five, eight years, two and five or excuse me, four years. One of my maps is that four years would have been eight years, one in five, 12 years, two and five, 16 years, four out of five children. And you get 20 years out there are no more normal children And so this is more I look at it on an existential threat. It is different than secondhand smoke in that second hand smoke was not in every crib and in every nursing home and every hospital and child ward around the country whereas Wi-Fi is everywhere and they are being exposed to children all the time pre and post birth. They don't have a voice in this and so I'm asking you to be their voice Thank you Mr.
Morton
Chair Hart, members of the board. Our next request to speak is Miriam Lindbeck to be followed by Leslie Weinstock and I believe Miriam is on the same call as Sean just as a friendly reminder please do not use your speakerphone or headset and speak directly into your phone very loud and clear so we can hear you thank you. Miriam you can go ahead with your comments
This is Sean. I think we have duplicate phone numbers and that's a, I think a mistake was made on our end so I'm going to just see if Miriam is able to call back in. Thank you.
Chair Hart, members of the board, we will now go to our final speaker who is Leslie Weinstock.
Hi this is Les. Can you hear me okay?
You could be louder thank you.
Louder. Okay, this is Leslie Weinstock. I'm a physician assistant and coordinator for safe technology for Santa Barbara County. We're a volunteer citizen watchdog group and advocate for protective measures against cell tower and cell antenna radiation within Santa Barbara County. Our main message to you is that your hands are not tied. The densification of small cell towers or antennas called wireless telecommunication facilities are spreading into our residential neighborhoods throughout the county. There's cell towers and antennas popping up all over my neighborhood every several poles on East Valley Road we are being overdosed with radio frequency microwave radiation people are getting sick symptoms include cancer especially a brain cancer called glioblastoma insomnia fatigue heart palpitations arrhythmias anxieties headaches balance problems, oxidative stress and many more.
In December of 2019 the protections that residents had on the county telecom ordinance including not allowing wireless facilities in residential zones and requiring the telecom companies to show a gap in cell phone coverage were deleted or crossed out we are now left with an ordinance that deregulates The telecom industry and allows wireless facilities to be constructed anywhere unmetered and unmonitored for the amount of Wi-Fi radiation emitted. It's unregulated for fire risk and for foreseeable harmful bio effects to plants animals insects and humans.
The county basically gave carte blanche to industry and the way it's written is unacceptable to us therefore we request that you amend it again and reverse the cross out. We want back the protections that residents had including not allowing wireless facilities in residential zones, and requiring the telecom companies to show a gap in coverage. There are many cities such as Encinitas, Monterey, Petaluma, Davis & Marin that have multiple protective measures in their ordinances to protect people and the environment For example, Petaluma does not allow cell towers or antennas in residential areas. The simple answer is fiber to the premises. It's faster, safer, more secure and private. Thank you very much.
Thank you Ms. Weinstock. I think that concludes your public comment.
Chair Hart and members of the board we were able to get Miriam Lindbeck back on the line so we will go to her and that will be our final request to speak thank you.
0:26 – 0:3011 turns
Ms. Lindbeck, you'll have to get much closer to the microphone. We can't hear you at all.
And Miriam as a friendly reminder I hear a streaming device in your end if you could please mute that and make sure we don't hear that. That would be great. Very sorry. That
must be Safari. Okay. Hello?
Yes now we can hear you well
thank you. Okay very good okay. I'm hearing multiple voices here. I keep turning off the Safari hang on. Safari okay So
Miss Lindbeck, you're going to have to mute. You're just going to have to mute or close that so we don't hear it on. I think
that it's Safari and it will not quit because I think that this see I just lost you are there? Are we on? We were on okay. Can you hear me now?
Yes go ahead. Thank you.
Thank you. Good morning County supervisors and thank you. I would like to read this into the record. On this whole issue of the 5G cell towers that everyone is speaking about in our group, what industry does not tell the public is that at least in the beginning, the 5g business case centers on corporate and government and depends on models that give rise to significant individual privacy concerns.
For example, industry talks about streaming video but somehow omits that a very large amount will be surveillance video from wireless cameras in public areas that silently capture every move and record faces and license plates for future identification. The network will also have advanced capabilities that precisely identify and record the location of every user device, including privately owned IOT devices in refrigerators and children's toys. And they capture immense amounts of transactional data and sometimes even content from each device. So all this personal information will be available for correlation, identification and sale to third parties including the government. 5G will lead to more intrusive tracking and private data exploitation by large and mostly unseen companies and the government.
So the early money for 5G will come from surveillance and the sale of people's private information Not revenue earned from voice, text or push-to-talk capability. So 5G small cells mostly support Internet and private mobile service not personal wireless service. And we want to emphasize an important legal issue here that while a 5G small cell can be used to support traditional mobile service 5G small cells mostly exist to support services, features and functions other than those protected by state and federal preemptive provisions. So voice texting and push-to-talk are covered services. Internet, email, IOT, M2M, streaming video, real time navigation and telemedicine are not covered services. And these are all potentially interesting products for those who are willing to accept the associated privacy implications.
Thank you, Ms. Lindbeck. That concludes our public comments.
And I thank you for all joining the board meeting today.
The next item is departmental item number one. Madam Clerk, could you please read that item into the record?
0:30 – 0:407 turns
Chair Hart and members of the Board, Departmental Item Number One is from the County Executive Office. It is a hearing to consider recommendations regarding a coronavirus disease 2019 COVID-19 update.
Dr. DeRionne Pollard, welcome.
Thank you and good morning. My briefing topics for today include an overview of our local COVID-19 data, a lengthy conversation about the blueprint for a safer economy as well as updating your board on our efforts around vaccine planning and our local testing capacity. So for the period from November 2nd to November 16th, we went from 9,992 cases to 10,577 cumulative case count. So that is roughly a 6% increase during this timeframe.
Also, during this timeframe we saw we went from a hundred and three active cases to two hundred and fifty five active cases. So that denotes a one hundred and forty eight percent increase in our active cases. We went from 10 hospitalizations to 13, and we went from 129 to 133 cumulative deaths. That's roughly a 3% increase. Over the past two weeks, like the rest of the state and nation, we saw increases throughout our county.
We saw starting with South Coast Montecito and Carp, we saw a 2 going to 18 cases so that's an 800% increase. We saw Santa Barbara going from 24 to 32 cases Goleta from one to 15 cases. South County north of Goleta, we went from two cases to 15 cases. Santiagnez, we went from two to nine cases. Santa Maria, we went from 47 to 75 cases. Orchid, we went from 14 to 22 cases.
North County Unincorporated, we went from four cases to 11 cases. Noteworthy is that we only saw two areas with decreases and that would be Isla Vista from 37 cases to 13 and Lompoc from 25 to 20 cases. With regards to hospitalization for the same period As I mentioned earlier, we went from 10 to 13 cases. In ICU we went from 3 to 5 cases. This data is available on our new community dashboard via publichealthsbc.org Blueprint for a safer economy.
So I'd like to start off the update with a reminder that for widespread, the purple tier We are assigned this tier when we have more than seven daily new cases per 100,000 or our testing positivity rate is more than 8%. To maintain our previous red tier, we must have had just four to seven daily new cases per 100,000, or the five to eight percent testing positivity rate.
So yesterday Governor Newsom announced the utilization of the state's emergency break, which was built into the California blueprint for a safer economy. As you recall is a dimmer switch on Sunday CDPH noted that California increased from 6,000 daily new cases to 11,000 daily new cases in just a span of few days and more than 1,000 hospitalizations in one week.
So due to this unprecedented surge in the rate of increase of cases of COVID-19 in every region of the state, the California Department of Public Health implemented immediate changes to its tier assignment process. So what's new is this? Tier assignments may occur any day of the week and may occur more than once a week when CDPH determines immediate action is needed. And we saw that typically, we get tier assignment on Tuesday and we received it on Monday yesterday.
Counties may be moved back more than one tier if CDPH determines a need for intensive intervention. Key considerations will be the increase in new cases and or testing positivity, public health capacity and other epidemiological factors. Counties may move with one week of worsening metrics as opposed to the usual two weeks during times of stability. In light of the extreme circumstances requiring immediate action, counties will be required to implement any sector changes the day following the tier announcement.
County requests for tier adjudication will not hold the county in the current tier during the adjudication. Given the current environment of rapid escalating cases and widespread disease transmission across California, tier adjudication requests are unlikely to be approved. So our tier assignment as announced yesterday We are in the purple tier with 7.1 adjusted case rate for the tier assignment, we were adjusted down from 7.7 because of our continued testing in our county exceeding the state median.
Our testing positivity rate is at 2.7. The state did not calculate the health equity metric because no county is moving forward. I wanted to show you what a difference between last tier rating and this current tier. So on the left is the tier assignment one week ago, and our state was pretty colorful with many in red, orange, and some in purple, and some in yellow.
This week's current assignment is on your right-hand side So it's mostly purple this week. We have 40 counties that were moved backwards and 18 counties that stayed the same so statewide 41 counties are now in the purple tier 11 in the red for in the orange into in the yellow and some counties were moved back to tears Our case rate trend. So again, here we went from last rating period from a 4.3 to a 7.1. That's a pretty significant jump.
Testing positivity trend. We went from 1.8 last rating period to current 2.7, so we're seeing the upward trend here as well. I want to pause. Earlier in the presentation, I showed the areas where the cases are occurring. This is another perspective on the occupation of our COVID-19 cases during this same rating period from November 1st to November 7th and we call this our week 45.
So our clerical...
Excuse me Mr. Chair?
Yes Supervisor Adam
Yeah, yesterday Dr. Dorenoso you told us that the agricultural tier went down because you had engaged in a lot of outreach out there?
I believe that it is a result of a combination of things. A result of collaboration between growers, between public health, between Ag Commissioner and between all the community support, community partnerships.
0:40 – 0:5419 turns
Why is it that we haven't had those kind of partnerships with clerical and management?
So clerical management includes everyone who works in an office. And we have done our sector outreach to the businesses, to the essential businesses that have come back. We will be re-looping and doubling down Reaching out to all of our sectors across the board on that. There was a recent CDC report that showed that it is better to telecommute and to that returning to work in an office may increase the likelihood of exposure.
So you think everybody's returned to the office already?
I think what we're seeing in our contact investigation is that as people return to work, they are quite comfortable with their colleagues. And some may forget that some may identify their colleagues as a stable cohort and take off their mask and I'm sorry and so we we clean that from our contact tracing. I think the retired and unemployed is a group of people. And that we can only say that they have discretionary time on their hands, and that it is a group that we need to reach out to and make sure that they are hearing the messages that we are putting to all the other sectors.
OK.
Thank you Supervisor Adams. Supervisor Williams? Well, I think this gleaning as much information out of this is really important and it seems to me As someone who studies very closely how many people are commuting from Ventura County to Santa Barbara County with my scientific research on the freeway every day, that there definitely has in the last two months been a return to normal traffic patterns.
which corroborates the idea that more people are in the many office and knowledge-based jobs in Santa Barbara and Goleta. Either that or there's a lot more people traveling than ever before, so I do think that's combined with that number which is different than what you've presented before meaning this is a new number and I guess what's most dismaying about the increased rates that we have is that we haven't made any relaxation of our policies. And we haven't even gotten to the holiday weekend yet, right? So that's what especially is, I would say, dismaying. So I do think it's incumbent upon us to figure out as much patterns from this as we might I also don't want people to figure out false patterns. You mentioned yesterday that the majority of the folks who are under 18 are teenagers, not small children is that?
I know you're not allowed to give us the exact numbers but is that correct?
That is correct.
And any other differences between this and the previous chart? I seem to remember again adding to your point that in the last cohort Of contact traces, the number for labor or unskilled worker was much higher. So we've made progress there. Is there anything else that has come out either anecdotally that isn't represented on the chart about the contact trace?
Yes. So let me take you to a new slide. I apologize this is a late addition so it may be out of sequence in your packet So this is the previous slide, but within context of the whole pandemic. In context of the numbers that we have since March. So I'll start with the college and university students. So during this week 45, and again that's the period from November 1st to November 7th, it was 16.5% Our 241 cases, but if you look at the whole pandemic they accounted only 6.1% so they far exceeded. So this graph shows you in context what is happening currently within context of the whole pandemic?
The restaurant bar food preparation throughout our whole cumulative number is at the 6.5% but during the week 45 it accounted for 2.6%. The clerical management as Supervisor Adam noted Was 10.4 or is 10.4% during the whole pandemic, but accounts for 19.1%. During this week 45 and we see that in health care. The under 18 we saw that at 15.5%, which exceeds the overall 13.1% and here is So through from March until now we can account for that it is 18.7% but currently in week 45, we saw only a 4.1%. And I do say that this is as a result of our partnerships with the sector, the growers, as well as the farm workers, as well as the community partners.
Because
I just wanted to know, this is an enormously useful slide shows where we were making progress and where we're losing ground. And obviously, we're losing ground among office jobs. So is there more that the department can do to reach out to, I mean typically these operations are between 20 and 300 employees. There's a discrete number of them out there. Is it possible to step up outreach efforts in an effort to return to our previous level Telecommuting or at least to some happy medium in telecommuting because I would warrant this This means that people are telecommuting less.
So two things, we also find this slide very useful and given the uptick in our cases we will be tracking moving forward this type of data and presenting it to your board with regards to outreach to the clerical management I think one is telecommuting but too I also think that it is really reminding everyone to wear their face covering and maintaining their distance even though they have been working with colleagues since March. I think the reiterating of what the tools that we do have at our hands will go far.
Supervisor Hartman?
I was just puzzled by the college university students. In the previous slide, I think they at least in Isla Vista the numbers had gone down almost 56 percent which is again speaks to the power of partnerships and really intensive outreach to communities but here it's 16.5
So this is also, we're seeing the earlier slide is over a longer period and we saw an increase, decrease in Isla Vista but not all college and university students reside as well in ID. And so what does it mean by moving back to Purple Tier? It's been eight weeks more Since we've been in the purple tier. So I'd like to just remind your board what it means to us so for critical infrastructure, nothing changes for gathering This is the state blueprint here, but I Xed it out because small gatherings are not permitted in Santa Barbara County per Health Officer Order 2020-12.4.
And I do want to say here that the state acknowledges that the spike in cases can and probably most likely due to small gatherings that are occurring throughout the state. So here we will stay steadfast and mitigate our increasing cases by continuing to not permit private gatherings The two significant change on this page is that all retail will need to reduce capacity. So we will need to reduce from 50% back down to the 25%.
And museums, zoos and aquariums will have to maintain outdoor operations only. They will have to cease indoor operations. On this page, the three significant changes. Places of worship can now only happen outdoors. Movie theaters can only happen outdoors and gym and fitness centers can only happen outdoors. These would be- Question?
Mr Chair?
Supervisor Lavinino?
Thank you. Can we go back? Yeah. So what I've heard most from constituents of, because purple's different than when we were in purple last time. But the burr under the saddle which I totally understand is places of worship and everybody struggling to figure out what is the justification that allows you to be able to go into retail with 25% but you can't go to your place of worship, you have to be outside.
And my response to them has been, well you're going to need to do what the nail salons did and barber shops and the folks that do hair. And that is they pressured the governor into reducing that and bringing those back online. So I'm curious what you're hearing from California Department of Health, what's the justification for not allowing people to be able to do the same thing you're going to do in a different building? Instead of shopping for something, you're going to church. It doesn't seem to make sense.
So places of worship since the beginning of the pandemic has always been a hot topic for the field. And what I have heard is unease with the context how people gather in an indoor church. So you have church events, church services that may take longer than a 15 minute encounter it could be two hours And within a church, indoor church event or church service you have familiarity with one another. And so quite possible the social distancing is not possible nor the face covering is adhered to. So those are some of the concerns I've heard in addition to that There have been published outbreaks, large-scale outbreaks from church events, church gatherings in our state as well as in our country. And here in Santa Barbara I recall our first set of cluster cases was due to an inside church event.
So those are some of the concerns that I've heard
Okay, so I guess this question for Mr. Gazzone, I know that gyms have actually filed lawsuits against the governor. I'm curious if we know if there are any cases of churches moving in that direction?
0:54 – 1:034 turns
Chair and Supervisors, there have been several cases litigated in farther south in Southern California. And in each of those the county and state regulations were upheld. Those have occurred over going back maybe four months ago three months ago two months ago I'm part of a work group that meets Weekly on this and we keep tied in with that. The most recent litigation that's going on, that you may have seen involves Sutter County not with churches but with executive order there. But the church restraints in farther south as well as Ventura County have been upheld.
Thank you.
With the sectors listed on this page, the two significant changes in the sector's restaurants can only operate now in an outdoor setting. And bars, breweries and distilleries are closed unless they provide meals at the same time as the alcohol sale. And they must follow the restaurant guidance which is again outdoors only. No change in these sectors And no change in among amusement parks.
With regards to school guidance in the purple tier under emergency break, the emergency break does not alter the state guidelines governing school reopenings. Schools that have already reopened may remain open. These schools will need to follow the guidance provided by CDPH when determining when or if to close. Schools that have not reopened may provide in-person instruction under the elementary school waiver process or through small cohorts. Otherwise, schools may not reopen for in-person instruction until the county has been in the substantial red tier for two weeks.
The health officer order was issued yesterday and there's a typo here. It will be effective tonight at midnight, so that should say 1159 not 1259. So the new health officer order to implement the purple tier again takes effect tonight at midnight 1159. Because of the rapid increase in case count and hospitalizations, the state is requiring, directing, mandating that next day action will need to be taken by counties. Business sectors affected by backward movement to a more restrictive tier must modify their operations We recognize that this news takes some time to filter throughout our community and such change in business practice is not easily achieved overnight.
We ask that our businesses make these changes right away, but we understand that it may take a matter of two to three days for universal compliance. We have initiated outreach and education and will continue these efforts in the next few days. Additional guidelines that may come from the state include a curfew advisory at 10 o'clock, and it may be a requirement for some businesses to close at a certain time.
Yesterday, the governor did release an update updated guidance on facial coverings and we anticipate that additional guidance for restaurants with the ventilation. The placement of of the tables and hours of operation may be coming as well as a posting of capacity Under the purple tear at certain essential businesses. Next, I'd like to briefly update your board on vaccine planning in our county.
For the past several months, we have been in conversations in discussions in trainings with CDPH and we have initiated a local work group to. to include hospitals and outpatient clinics. It includes main divisions within our public health department, the work group includes fire agency as well as our partners in community health centers. It also involves our county joint information center, as well as UCSB residential care facilities, pharmacies, the Vandenberg Air Force Base, as well as other community partners And the objective of the work group is to coordinate and share information between public health and our healthcare partners on who, and how we will be providing the vaccinations. It is also to coordinate a public information campaign so that our community can get Accurate and timely information about the accessibility and the method for which COVID-19 vaccine will be distributed in Santa Barbara County.
And to provide coordination with all the operational resources So that we can indeed offer and ensure vaccinations to the priority populations and the general public. And we intend to bring back to your board a full presentation about our progress on December 8th. On community testing, we continue with community testing at three OptumServe sites in Santa Maria, Builton and Goleta.
The state has offered us additional spots so now We are offering 165 appointments per day at each of the site. So that means a total of right under 500 total tests per day at these three sites. The utilization in Santa Maria and Builton averages about 100 appointments per day, and this is a worry for us because we need to maintain Exceeding 85% utilization in order to maintain these testing sites.
We with regards to our Goleta site, we have been routinely full starting from when we were at Earl Warren and now at Goleta. So South County testing site has routinely been full. We asked the state for an additional day per week and we were recently last week given that so the Gleada site will be open 6 days a week. The additional 5 extra days per month means that we can We have 825 new appointment slots available, and we hope that this will offer community members more opportunities to test.
And coming soon in discussion between our department and the state is developing the public health sponsored walk-up sites. That is currently in operation but restricted to essential workers And utilizing our own registration system and our local lab processing, we will be partnering up with the state to utilize the Perkin Elmer as well as the state's registration platform.
In addition to that, we will be partnering up with various sectors, healthcare sectors as well as the business sectors for testing. And these are the two additional testing opportunities that the department will be developing with CDPH in the next few weeks. And that concludes my update.
Thank you Dr. Doronis. Are there additional questions?
1:03 – 1:1213 turns
Yeah, I have one. Yes, sir.
Supervisor Adam?
I assume I'm going. Dr. Del Renoso, how many deaths have been attributed to influenza in the last three months do you know?
I am sorry, I don't have that information but I'm more than happy to look it up and send it to you.
Okay, that'd be fine. Thank you.
Thank you, Supervisor Adams. Supervisor Williams
and
excuse me, Supervisor Lavanino.
Thank you, Mr. Chair and it's not so much a question but something I brought up yesterday and I just want to do this in a public forum as well is to request that we also, and I don't know if it would be part of this update or not, but at some point bring back a board item that looks at the economic impact that this is going to bring us. Just reading recently about the tsunami of back rent that is due.
Mortgage delinquencies, bankruptcies and really how we are going to look at that and how we're going to prepare for that in the next coming year. Thank
you Supervisor Levin. I know the staff is planning to do that. Supervisor Williams? Well I want to just ask a question about harm reduction in during Thanksgiving for the benefit of the public and anybody who's watching, and then make a comment. While we have Remain very restrictive on gatherings ie that no Household gatherings are permitted under our rules.
We know that some people are going to gather for Thanksgiving, right? and so I Wanted to ask you about what is the harm reduction strategies that people who are thoughtful Should pursue and you know the only thing that I thought of, and maybe you could flesh this out in a more substantive way is that there's really no way to that safe. To attend the gathering because you don't know what other people have done but there is a way to make it.
Less likely that you would be the one that would transmit, which is to isolate yourself before and after any Thanksgiving celebration. Can you talk about that a little bit as something For whatever reason if they're not going to comply or if they're going to another place that doesn't have the same rules that we do, how they could still take some steps to make it safer for other people.
Yes, so you mentioned self-quarantine before you visit family in Santa Barbara. I think that is one good strategy but I also want to caution that the state did recently release a travel advisory basically unless it's essential, unless it's critical stay home because there is widespread infections throughout our country. The other thing with harm's reduction is the event, the gathering itself. Outside is always better.
Inside needs to be really well ventilated. A shorter meal is safer than a longer six-hour Thanksgiving shindig and no Sharing of utensils, passing plates, reducing the touch points is another safer practice during a Thanksgiving meal. Also maintaining physical distance and maintaining the mask wearing unless you are actively eating. And I think there's always an element in a private gathering Especially a festive occasion like Thanksgiving or the upcoming December holidays is where there's, it's fun.
You're with family you're with loved ones you want to celebrate so with the use of alcohol And as the evening or as the event progresses, the reserves are down. And so we I've read papers where and have heard that as the evening or as the event progresses, though reserves are downs people are no longer social distancing wearing masks. The volume of conversation goes up those are not safe.
during this holiday season. So I would want to encourage everyone to really rethink Thanksgiving and on a personal note, Thanksgiving happens to be my daughter's 16th birthday and I seriously thought we were going to be in the orange and had organized a small get together and as we started trending upward It was incredibly difficult, but that had to be canceled. So Thanksgiving or other big life milestones we need to rethink how we do that. We can still share, we can still partake but perhaps virtually outside and keep it small and keep the exchange to a minimum. So those are all safer practices, and we have included this on our website as well. And we've made videos, we've written the guidance, and it's all available on our website.
Well said, and I appreciate your leadership in setting the right example but also telling people other strategies that they can employ. I think both are needed. Can react to these, the governor's, you know break on reopening in very different ways and I've gotten emails with very different reactions from people in different situations. But I hope that people will continue to take strong steps to reduce transmission and keep an eye on the bigger picture. There are some really important aspects of our society that could be threatened by increased transmissions, not just Our health not just our lives, but also kids education Which I'm concerned could be collateral damage if transmissions continue to spread and obviously people's jobs and businesses so I think regardless of People's ideological framework or their reaction to these measures, good or bad.
Perhaps we could stay united in the need to reduce transmissions so that we can either save lives, save our kids' educations, save businesses and save jobs. Thank you Supervisor Williams. Supervisor Hartman?
I had a question and a comment. The question, and then I'll make my comment and you can respond about young people who are living in Isla Vista for example going home what is our recommendation there? My comment is that on the radio when I commute in on the morning there's usually something about COVID. There was a heart-rending story about one family gathering lost six people so that's the risk If we get together, we want very desperately to be connected to our loved ones. But we don't want to make a tragedy and so each of us has to really follow through with this prevention, the reducing harm that you suggested.
The other thing is we're hearing every day about new vaccines. I heard Anthony Fauci today saying general population as early as the end of the first quarter next year, so we don't have to do this forever but we have to do it for a few more months and so we have to hang in there and hang in there together.
1:12 – 1:186 turns
Supervisor Hartman, through the chair. With regards to college students living in IV or at UCSB we have been in partnership with UCSB and I know that they communicated with their students that if you go home for the holidays consider staying home and that is a consistent message that other universities have been sending to their students as well With regards to the vaccine, yes that is the light at the end of the tunnel. We are excited about the efficacy of the two lead vaccines That's why we've been working really hard with our community partners to make sure that when we get our first allocation, that we can ensure operational efficiencies.
To the priority groups and then in anticipation come spring, be able to roll it out to the rest of our community members. But like you said until then we need to be diligent and persevere in wearing our masks maintaining our distance hand washing and rethink And I just want to make a point here that a lot of times people may think that, oh, I'm not attending a gathering because there's only a few of us. Well through our contact tracing notes we have seen a small gathering, as small as five all be exposed and all become cases. And so really rethink about gathering with anyone outside your household.
Thank you, Dr. DeRionne Soll. Do we have any requests to speak in public comment?
Chair Hart and members of the board yes we have three requests to speak on public comment on this item and we will begin with Andy Caldwell to be followed by Renee O'Neill.
Chair Hart, members of the board, Andy Caldwell representing COLAB. I think that people are not just infuriated but they're completely disheartened By the governor changing the rules once again, as you know from your staff presentation We're at seven point one and under the old rule. We should have been able to stay at 7.1 for two weeks To try to get back to seven point zero But he changed the rules And I Know that to some degree some of you are politically aligned with the governor and you don't want to publicly criticize him for that reason I also know that you're co-opted, that he has punished counties financially that bucked him and stood up to him.
But the fact of the matter is these businesses aren't going to be around much longer. Restaurants have one of the highest failure rates of any business sector there is. And they could barely make it when they are at full capacity, let alone zero capacity indoors. And as we go into the winter months, we wish that you would push back on the governor point one there would be a darn good chance we could drop that point one within the next week or so he's got to quit messing with this and I've been telling you since last April or May I'm not a COVID denier and I certainly understand it's deadly. But the thing that's wrong, you're set up to fail. He forces tests and he counts as positive people who quote unquote test positive but they're not sick.
And we're testing way more. I sent all of you a chart. We're testing way more than two countries that have over a billion people each China and India We're testing more and we're counting all positive test cases even though one of my guests on the show called it viral debris. They're not sick, they have viral debris that can live in your nostrils for weeks.
We're counting those as positive when the people are not sick. The first criteria he used originally was hospitalizations and deaths. Those are the only two criteria that matter When over 90% of the people are going to be asymptomatic or mild and the death rate except for the elderly is 99.99% recovery rate for everybody under age 70, 99.9 9%. We need you to start rep or you were elected to represent the people that live here Not to be a representative of Governor Newsom and this arbitrary and capricious standards, which has changed. How many times has he changed these standards in these protocols? And all the rest it's constantly changing.
This is you know if your business if your board was having to lay off as many people as the private sector I think you'd be singing a different tune But somehow you've proven yourself immune. We can't tell that you've laid off anybody and your revenues seem to be made whole by the governor, that the private sector is dying out there. I've been representing them 30 years. I've never seen anything like it. Please do something. Thank you.
Thank you Mr Caldwell.
And our next speaker is Renee O'Neill to be followed by Terry Strickland
1:18 – 1:3512 turns
Good morning supervisors and community. This is Renee O'Neill I would like to propose encouraging people to consider associating wearing masks with wearing seatbelts both are proven to reduce loss of life. It has become second nature for most of us to buckle up so I propose that we now muggle up. We the people need to accept the fact that wearing masks helps reduce risk And loss of life by simply covering our all American mugs.
So come on fellow Americans please wear a mask and to coin my new phrase muggle up and I'm asking you to muggle up so that we can snuggle up sooner as opposed to later. On another note I read an article in the news makers newspaper today from Jerry Roberts that Governor Newsom attended a birthday party on November 6th. His friend Jason Kinney turned 50 and he went up to Napa and to a restaurant with at least 12 people from different households celebrating his friend's birthday. This, to me is hypocritical and not productive in showing that we should be Following the rules that he has subscribed. And so you know it's a matter of do as I say not as I do. I liked something that Supervisor Hartman said and I thought of this when you said this Joan.
It reminded me of a song that we used to sing The more we get together the happier will be well I think we should change the words today to say The more we get together the unhealthier we'll be. And and so I'm going to read a little bit more of the letter I submitted. I do not consider recommendations and or laws that ask us to wear seatbelts or masks as a punishment punishment or an infringement on our freedom.
This pandemic will fade into history. The sooner we can reduce the spread of coronavirus the sooner we can get back to our normal lives. Meanwhile our first responders and medical personnel are being overwhelmed. Their lives are on the front line and they're doing their best to keep up with escalating numbers of cases that could have been prevented by simply wearing a mask.
Is it truly too much to accept the fact that by wearing a mask we can help prevent spreading this disease? When did Americans stop caring about their fellow Americans Or believing that we have the ability to overcome anything as a united nation. We've always pulled together during challenging times and we can pull together through this pandemic too. Thank you for listening and happy birthday happy 16th birthday to Dr. Rianoso's daughter I think you should call the governor and ask him to put on a party for her up in that Napa that fancy Napa restaurant.
All right. French Laundry in Yonkville, Napa. Have a good afternoon and I'll see you at Department 2.
Thank you Ms. O'Neill.
We will now go to Terri Strickland and we just had an additional request to speak by Peggy Wilson. Terri?
Chair and Board well I'm about tired of being reprimanded To wear a mask. Ninety nine point nine percent of the people I know wear a mask even when they don't want to wherever they're supposed to be wearing them. Everybody's doing what they're supposed to be doing and I'm just a little tired of being reprimanded about this week after week. Finally something I disagree with Andy Caldwell about. I'm not disheartened about the governor's new orders. I am very upset and I know I speak for hundreds of county residents It's been 24 hours since we received the governor's new restrictions.
And just to go over the numbers again for our county of 450,000 people we have 13 hospitalized in a county of 450,000 people. We have 255 active cases in a county of 450 thousand people. We have one hundred and thirty three deaths In a county of four hundred and fifty thousand people. You know I'd like to know why the Board of Supervisors continues to go along. I mean I get it what what Andy said about how many of you are in line with the governor's politics and whatnot but you know you're you were elected to and hired the ones that are hired to serve the people of this county Not the governor in Sacramento.
As far as businesses, they can't operate this way not knowing from day to day what the governor is going to do next you know and if he's gonna shut down restaurants why didn't he just say that yesterday? I think it's because he's waiting to see how much pushback he gets because we know he will back down when that happens One of those charts showed restaurant numbers, people supposedly infected at restaurants. The numbers went down then why are restaurants being punished with pushing people outdoor dining again when we're expecting colder and wetter weather of course?
I wish the county would think outside the box because what you're doing may not be the best way to do it. Social distancing is happening in churches, Dr. De Reno. So I go to church. I know churches are doing everything they can and now there's push outside again. I hope they fight back you know what does it mean to be in the purple tear for the business community? It means shutdowns permanent closure of businesses that people have put their life savings and their hard work into You know what do you expect a small little restaurant or any business in Orchard or Montecito or anywhere to survive on outdoor dining?
Businesses are going to be closing right and left. They can't take this again. These are real people these are not just numbers on your charts and spreadsheets as I've said before you were all collecting a paycheck each and every week As you have since this began the same cannot be said to the citizens of this county. I have a question and Supervisor Hartman said only a few more months. Well it was only a couple of weeks seven months ago some people and businesses will not survive another month.
And Supervisor Lavinino asked a great question how do you justify these restrictions on small businesses churches etc.. I implore you to push back on the governor for the sake of the mental and physical well-being of the people of your county. Thank you.
Thank You, Ms. Strickland.
And we will go to our final speaker Peggy Wilson. Peggy? Yes, I'm
here can you hear me?
Yes we can thank you
Okay, thank you so much I just learned about this right now. I've been so busy fighting election fraud around Dominion Software turns out Santa Barbara using Dominion Software also but that's another story. So here we are again today and you are trying to enact through the governor more restrictions on people. I want to say again I totally support everything Andy Caldwell said And I want to start with going to the website to find out deaths and hospitalizations. Somehow that's gotten pushed to the very bottom death and hospitalization for COVID is down OK you are enacting on people rules and regulations that are really unconstitutional never in the history of our Existence have we treated a virus this way. Yes it has issues. Yes it can be deadly if you are a certain age and older and have comorbidities and people are doing that social distancing is happening but you cannot keep shutting down businesses as the lady said before and Andy did too.
You guys are still getting your paychecks You know and if you're walking in lockstep with Governor Newsom, well God bless you. But to the extent of what's happening to people kids at home I'm volunteering in a church now where kids can go because otherwise they'd be home on Zoom alone. And this is absolutely ridiculous. You guys I've talked to you before. I've commented. I don't know if you're really looking outside of the box.
It's ridiculous what you're doing. Death and hospitalizations are down. Slamming people, putting them in boxes and saying you can't do this. Writing them tickets. This is like not a free society. And yes we are protecting ourselves. Businesses are protecting ourselves but why is it selective businesses? And selective things that need to be shut down like churches. But yet casinos are open. We lost that lawsuit up until What is going on?
You guys are elected public officials to do what's right by the people. Now some of you might think, oh well we've got to lock people down more and all these cases are up. Of course cases are going to be up because testing is up but it means nothing. Cases mean nothing if you have looked at the evidence from other doctors that aren't taking The orders from Newsom and most of these democratic states where they're saying cases are the thing that makes a difference. My husband is a virologist, cases don't make the difference. Hospitalizations and deaths do make a difference and that is clearly down here. We are not seeing that we are not in pandemic mode and you guys are acting like it please stand up for the people of this county People that are going to work every day, but doing the best they can.
Businesses that are shutting that will never open again. People that are depressed. Kids that are this fear and it's not I don't think in the whole state there's one child under the age of 19 or something that got COVID and died. I mean a complete anomaly your staff come From the top down, what Governor Newsom wants you to do and you do need to think outside of the box for yourself. You do need to stand up and push back.
You're elected to do that. I'm incensed. I am absolutely incensed that constitutional rights are getting squished by public officials such as yourself. We have a Bill of Rights We are the sovereign, not you guys. Not Governor Newsom who has his winery opening, who's having parties and he's done what he wants. You guys!
Thank you Ms. Wilson. Your time unfortunately is up so thank you very much for your comments.
And that was our final speaker.
Supervisor Williams Well, I very much understand and empathize with the frustration that's been expressed. But I do think that people are under a misimpression of what is happening here. We are not sitting in a room formulating these laws. We, and in this case I suppose it's not even we, it's the public health officer in consultation with other local physicians and the Public Health Director is issuing health orders that are complying with state law. This is state law determining these things In our constitutional framework, yes we are called upon to disagree but we are also called upon sometimes to uphold the law. That is the rule of law where it's not incumbent and it's not our mission or our role to break the law and the rule of law is what holds this society together.
And I'll just say, you know, I don't think we've agreed with all All of the priorities or all of some of the different standards that sometimes you scratch your head at. I agree that we need to take strong steps to limit transmission, but I more than anything believe that decisive action to limit transmission is what is needed right now To hold off worse results, both worst results in terms of hospitalizations and deaths which.
are the indicators we should be looking at, but unfortunately are not leading indicators. They're trailing indicators so you don't really can't really like look at those numbers and say oh okay let's course correct. And decisive action is taken to avoid greater closure of a society that will have more impact upon jobs and our kids education and upon I do think that it is sort of frustrating sometimes that the rules keep changing.
You know, if it's frustrating for us then I can only imagine how frustrating it is for the businesses themselves. And under the way that the framework worked before we would have another week or two to course correct before we were moved into purple and largely that means the biggest difference is that restaurants and places of worship have to move back outside But I would maintain that we still have some good weather, we can still try to make the best of these moments and still work diligently to limit transmission.
Also in defense of the governor when I'm criticizing some of his moves, I wanna say that his response to the criticism over the birthday party was totally the right message. He said, I was sending the wrong example My bad, he didn't try to get defensive or defend himself. He said it wasn't the right example and I think that was commendable that he took responsibility for it.
And taking responsibility is probably the best thing we all can do. None of us can be perfect. One speaker said we should wear masks like we're wearing seatbelts, I would say maybe we should be wearing masks like we're wearing pants. And you know it's hard, you know I'm one of those people that's like it's hard enough to remember keys wallet and phone coming out the door let alone a fourth thing.
But there are practical and easy steps that we can all take that have responsibility and make the situation better both for people's lives and for their businesses in their education. Thank you, Supervisor Williams. Other comments from board members?
1:35 – 1:477 turns
Mr. Chair.
Supervisor Adam.
I'm also identifying with one of the speakers, I didn't catch her name. But I'm getting really tired of being, the attempt to shame me for disagreeing with this strategy. And I've been arguing with this since March but we have demographic and medical comorbidities. That are well known, but we won't talk about them. And we've decided that we're going to do this box the virus strategy rather than try to manage the people who are the most vulnerable.
And so we're going to act like everybody on the planet has an equal chance of dying from this thing, which is absolutely not true. And if there's a certain segment The disagree with the other segment of society that's very fearful and wants everybody masked up to reduce the risk to themselves. I get it, but that doesn't mean we don't care about anybody. And this is this idea that it's chilling on free speech, it's chilling on disagreement. It's disrespectful of a good half of our country.
And it's contributing to the decline of this, especially the civility of this society where we can't have a legitimate discussion. Because half of us decided that they were right and the other half is wrong. And that's all so I think we really need to rethink that, you know, and I think that you have to be talk about being tolerant. Let's tolerate people making their own choices and let's trust people a little bit instead of being big government and trying to be everybody's mother.
You know, I just hope that people don't all obey as ordered. I think that's what retains America as America when there is a healthy amount of civil disobedience when the rules are unreasonable and I think at this point it's shocking to me that we haven't seen And as it goes on, it's going to become less and less supportable. These draconian measures that we're engaging in are going Death and hospitalization does in fact get closer to the flu.
Which by the way, I have it on good authority that our dashboard lists zero influenza deaths. So that's curious because when we first started this thing, the testing revealed that there was eight times as much flu as there was COVID. It undermines the case for the draconian measures and I think at least in a good big segment of this population It undermines the confidence that we're being told the truth, and that's the most destructive thing of all.
Thank you, Supervisor. Mr Chair? All right, I'm Supervisor Lavanino.
Unless, thank you. I wasn't sure if this was going to be an appropriate action but I do notice that we are agendized to provide any direction as appropriate and I don't know if I've got the votes but it, I think the purple tier was amended when we left it last time, and obviously these criteria can be changed by the governor. I just really didn't hear anything from Dr. Doberenoso that she was getting back from the state on why churches would be singled out more so than retail. The time, you know, that you spend there maybe could weigh in some on it but I think at a time it's critical right now when people feel so disconnected from their community That they have that time where they can go be at peace and I'm glad that there are people praying out there for whatever their needs are, but I just think this time is so critical to be able to tell people now that we're basically sending people back outside for church.
I just think it's a bad message and I would like staff to craft a letter asking the governor to reconsider churches and places of worship To just have the same, not to single them out and make them any better. But just that they're given the same latitude that Costco is, that Walmart is, and that they're basically taking the same approach as retail. And to those who have restaurants, I hope you're part of the California Restaurant Association. I know when I was in Sacramento, that was a strong lobby.
I'd like to see also the Wine and Spirits folks. You could partner with them to try to get some indoor dining back but that's kind of the way this is going where the pressure comes You see the governor make some moves. So personally, I'd like to see the county speak out in support of places of worship and for restaurants, I think you need to go through your appropriate lobbying avenue.
So when we get to the point where there's a motion, I know we haven't heard from every supervisor yet but I'd like that to be considered in a motion at some point.
Could you put up supervisor Hartman, you had a comment or is it? You can go first. Could you please put up chart number 13 slide number 13? I think the reason why we are why the governor Is done what he's done is because if you look at this chart and you compare it to the rest of the country and the world, the spike that is just beginning now where we have gone up from 4.3 to 7.1 is ending up with a spike much higher than the first spike on this graph.
And this is the moment to maintain our vigilance and our resolve, and control that from happening or not. And there are 247,000 deaths in the United States from COVID-19 today. It is projected to go higher than all of the deaths that American service people have lost their lives in wars in the 20th century over the next few months. And we are being asked to wear masks and avoid each other for a period of time to avoid those consequences from happening to our neighbors, friends and family members.
I don't think this is extreme or unwarranted in response to the threat that we are facing I think this is the perfect moment for us to decide what side of that effort we are on. Are we going to stay the course and protect our residents and neighbors or are we going to quit because we are tired? The virus isn't going to stop because we are tired. Supervisor Hartman
That raises a couple of things. I used to run marathons and about 17 miles, you keep asking yourself why am I doing this? The only way you get through is saying I'm never ever going to do this again. And that's where we are but we can see we have a vaccine coming and we just have to persevere People keep talking about, you know we've done pretty well here so why are we in our county having additional controls and I think Chair Hart said that. I'm reminded of the lily pad there's a riddle that the lily pad doubles every day and on what day will it cover half of the pond?
It's the 29th day. That's how you understand exponential growth, so why we are looking at case positivity rates rather than hospitalization is so that we can avoid that big spike in hospitalizations that they're seeing all over the country. So, in a sense we're being I think a victim of our success that we've kept the rates down, the hospitalizations and deaths in our county. But what I've read is a fourth of our population has various conditions that would be considered comorbidities We also are finding out that there are long-term effects and it may qualify as a preexisting condition going forward.
It's not the flu, and I heard from some people that the reason the flu is lower this year is because of all the precautions that people are taking. So it's a long, rough haul. It's hard for everybody. It's disheartening. It is really hard. We thought we were going to be in orange and here we are bumped back to purple but none of us has ever been through anything like this ever and we're learning as we go and we're making the very best decisions that we know how to make and I think we just have to keep faith with each other and hang in there a little while longer Thank you.
1:47 – 1:5215 turns
If it leads to more transmissions, we'll not make things better for either our health or businesses or jobs. It will just get us into a place where larger measures are needed. And so I do think we have to keep doing what we can to reduce transmissions. I do want to say that I agree with Supervisor Labadino, that there are inconsistencies in the framework And I could support a letter asking the governor to have greater consistency between say places of worship and retail. I mean, if my values are that the values that this country holds dear means that education should be at the very top priority and that places of worship rank higher than commercial activity But that's just you know, and so I don't know if that's everyone's values. But it I think that there is a case to be made that of greater consistency is needed in the framework.
But I would also urge stronger measures on office settings we This is those numbers that was presented are very different than the numbers we've had before. And to me they represent a trend that has been happening all summer long as more and more people have been reducing their telework or coming back or to normal activity in their place of employment and particularly There are certain types of businesses here in town where telecommuting is very possible.
And I think probably we need to start with the outreach, but I would support if the public health officer decided to take stronger measures including telework mandates if that was necessary on office-based jobs. So I would agree with Mr. Lavagnino's desire for a letter on consistency between retail and places of worship But I would also at the same time urge we take a more activist approach or more active approach with office based employment. That's what the nut transmission numbers would, um, I think lead us to believe is one of our places of real problem.
All right. So if it's okay, Mr Chair, I'll make a motion.
Yes, please do
Okay, receive and file this update. And then have staff craft a letter to the governor asking for the purple tier to be amended to allow churches and places of worship to have the same provisions as retail. And then C, the CEQA finding.
Could we get two votes?
Yes, let's separate out the receiving
file and the sequel finding. All right so I will make a motion to receive and file the report and have C, the sequel finding.
Well, Mr. Lavignon and Ms. Hartman, I'd actually ask if you might be able to add it in one motion and add directing the Public Health Department to do additional outreach to the office sector in the county to address measures to reduce transmission in that sector? Supervisor Lavinino made a motion. Is there, Supervisor Adam I believe seconded the motion is that correct? I did.
I'm asking the maker of the motion and the seconder of the motion to accept that as an amendment.
You kind of broke up there so I'm not really sure what, okay where we at? So we made a motion. We had a second. Supervisor Hartman asked if we could do individual motions which I'm fine with. I mean, I don't want to put, you know, we do that all the time but I'm not understanding what Supervisor Williams, I'm trying to figure out what you're looking for. Is this in the first motion or the second motion? Let's
just take all the ideas separately. Let's have a motion to receive the report and make the CEQA
Okay, so A and C.
Motion has been made and it's been seconded. Madam Clerk would you call the roll please?
Mr. Williams.
Aye.
Ms. Hartman. Aye. Mr. Adam. Aye
1:52 – 1:5916 turns
Aye.
Chair Hart? Aye. Motion passes.
Okay, then I'll make a motion that we provide staff direction to craft a letter to the governor asking for the purple tier to be amended so that churches and places of worship have the same provisions as retail and that we ask Dr. Reynoso to continue outreach to the business community to encourage additional teleworking.
Again, I think we should separate these ideas. So let's have a motion as you described Regarding your direction to staff to write a letter and then supervisor Williams can do another motion on another thing
Okay, we can do that so that will just do the letter then for now
Okay, motions. That's my seconded mr.. Guzzi. Did you want to add something?
Not not for this motion But when we get to the next part I'd like to discuss the relationship with the board in the health officer on directing or considering
Is there any discussion to the motion? Supervisor Hartman
Yes, I really appreciate in times of stress how important it is to have some kind of spiritual foundation. I do however believe that churches and retail are quite different In churches, there's singing. There's chanting. There's communion. There's longer time I wonder if it might not however be possible to encourage Churches to stay open where people can go in and reflect meditate perhaps talk to the clergy members I think that Might be an alternative that would be comforting to people I'm afraid I can't support the motion
Supervisor Williams Well, I don't know anybody in the age of COVID that goes shopping for 15 minutes. I don't think that's physically possible considering the lines. And so I think the difference in terms of risk with shorter church services and longer shopping endeavors is smaller than it ever has been. I don't quite buy that logic, and I don't necessarily... I have urged my church, and I've urged other churches even in an op-ed to keep their services outside.
That the things that you should have the right to do aren't necessarily a good idea to do. But I do not understand how it is allowable to shop indoors But not worship. I just, I don't necessarily think that either should be permitted but I just think that there should be consistency between those two. The faith leaders that I talked to that have spoken directly to the community understand the moment and understand the challenge and want to protect their neighbors and friends and family, and have asked that their parishioners reconceive of how they can worship.
And that is the safest way to protect people, and I think Has served us well and I think this is a dangerous idea. Madam Clerk, would you please call the roll? I'll just ask a question. Would the maker of the motion agree to simply ask for greater consistency between spheres as a matter of language and is that something that board members are more comfortable with? And I think that's maybe to the spirit of your motion.
I understand your point, Doss. But when you ask for consistency then the easy thing for he could just say okay then we're going to treat, we're not going to allow retail either so that's not what I'm pushing for. So I think we've all made our point and I think we all understand each other's concerns. I'm going to let the motion stay the way it is.
Doctor do you have something that you'd like to
add. I would be very uncomfortable crafting that letter. I can draft it for your board to sign, but I professionally through many discussions with my colleagues as well as with our health officer we do not believe that inside church services during a The purple tier where there's widespread is the most prudent. So and for the record, I do attend church. I do it outside and I don't know if you recall but we did reach out to many churches. I personally talked to at least four different churches Like Supervisor Hart just mentioned, are quite uncomfortable with bringing their services inside as well. So for the record I would be very uncomfortable drafting such a letter.
Mr. Guzzone?
Chair and supervisors, I think there's a solution there. The motion was to direct staff not to direct the public health officer. The CEO under our county code is our intergovernmental liaison.
Okay. Supervisor Williams? Well, I'm really torn because I don't think that all of the things that should be allowed should be our prudent. I believe that in our frame of reference as a society we've chosen in the past to give certain freedoms That I support to places of worship And that generally in this society those freedoms should exceed those of commercial activity and But I don't think people should be meeting inside, you know, well, that's what this letter is going to ask the governor You know, again I think there is that the issue that's for me is.
There are things that religious institutions should have the right to do that aren't necessarily something they shouldn't do and that's really an issue.
1:59 – 2:049 turns
Mr. Chair?
Yes Supervisor Adam.
Yeah, if I might try to apply my colleague Mr. Williams a little bit. You know, I agree with you that maybe not all things that are allowed or should be allowed are prudent but that's for these churches to choose. And some churches allowed the freedom. Some churches will choose to meet and worship as they need to, and then other churches very well may not. And then their congregations can make a choice to follow that church's decision or to move.
I think that we need to allow people to make those choices, and especially with respect to practice of religion. I think this is so draconian and so unheard of. I can't believe it hasn't been litigated yet but I think that we should at least for You know, if not restaurants, you know, if not hair salons, if not nail salons, churches. I mean please...
You know that we have to date what we have avoided this sort of divisive approach and have remained respectful of each other's individual points of view and approaches to this pandemic And I'm very concerned that this is a path that doesn't have an end, that remains respectful of each other's perspectives. This is the issue today but there will be other issues tomorrow and we will find ourselves very quickly split and divided in sending letters and posturing on public health matters During what could be the worst phase of this pandemic and I would urge my colleagues to think very carefully about the implications of this decision today.
Mr Chair, I respect that. But we had a vote on a mask mandate, also that that were finding people that some of us didn't feel was respectful of other people's beliefs either. So I don't really think this is all that controversial. I mean let's be honest Governor. Newsome is not sitting on the edge of his chair waiting to hear what Supervisor Lavinino thinks about this.
Then why are you
proposing this motion? Because I think it's a symbolic measure of telling people that we respect their ability to go out and worship And at 25% capacity, we're not saying go out and fill a church, a mega-church and put 1,000 people in there. I agree that's wrong but having a church service with 25% capacity does not seem like it's going to be the super spreader event that I drive, Costco is right here by the office, But the parking lot's packed, everybody's in there cruising around doing their thing and I just can't see the difference between one or the other.
Now, I think we have a motion, we have a second. I call for the question.
I just want to say something real quick. I mean, I do not think that churches should choose to do services indoors in the context of what's happening. I think we should stay outdoors for as long as possible. But Mr. Labagnino has expertly put me in a very binary spot, the bottom line is I do not want to live in a society where money and commercial activity matters more than our deepest held religious freedoms or lack of religious freedoms.
I just simply cannot condone a framework that gives more rights to commercial activity than it does to places of worship. And so, I just have to support the motion. Madam Clerk, would you please call the roll?
Chair Hart and members of the Board, can I please get clarification on who was second on that second motion on departmental item number one?
2:04 – 2:045 turns
I seconded.
Great, thank you Supervisor Adams. Mister Williams. I miss Hartman
know
Mister Adam. Mister Lavagnino. Chair Hart now motion passes 3 to 2. That
concludes this item will take a 10 minute break.
2:19 – 2:303 turns
structure is proposed to be added. As described in the Long Range Planning Work Program, there's two basic components. The first one isn't really the tiered structure but a kind of permit streamlining and this first amendment would revise Article 2, the Coastal Zoning Ordinance and it would revise the thresholds as to when a development plan is required for structures on lands that are zoned Ag-2 This amendment would be consistent with the development plan thresholds that were adopted in 2010 for the inland AG-2 zone and that were certified by the Coastal Commission in 2018 for the coastal AG- 2 within the Gaviota Plan area.
So this amendment only affects this small area just west of Guadalupe, which is the remaining Ag-2 lands in the coastal zone that do not already benefit from these revised development plan thresholds. In the next, in 2016 when the Gaviota Coast Plan was adopted, the board adopted a tiered permit structure for small scale uses and some small scale recreational uses.
And they all apply to the Ag-2 zone. The small scale uses may be exempt or allowed with lower level permits such as a zoning clearance, a land use permit, or in the coastal zone, a coastal development permit. To qualify for these lower tiered permits, the use must be accessory supportive and incidental to the primary agricultural use. The use must also comply with certain size and operational limits.
If the use doesn't apply though it might still be allowed just with a conditional use permit. It is the current scope of the Ag Tiered Permitting Project, and this has always been part of the scope to adopt the Gaviota tiered permit structure for all of the lands zoned AG-2 within the county. In fact, this project was first envisioned and added to the LRP work program back in fiscal 2014-'15 as it was anticipating the adoption of the Gaviota Coast Plan but it was delayed Final adoption of the Gaviota plan did not occur until 2016. And then it's been delayed since then because there have been competing projects for staffs resources.
However, while it has been in the work program for several years we're still in the early part of the process and I want to ensure people because we've gotten some comments that we've already seen today that our opportunities for public input and participation are just beginning on this project So to provide a little bit more detail of the tiered permit structure, these are all of the small scale uses that were adopted into the Gaviota Coast Plan. They can be categorized in four different ways such as small scale agricultural processing, agricultural product sales on the small scale like farm stands Incidental and supportive uses like aquaponics or composting, and small scale recreational uses like campgrounds that have 10 or fewer campsites.
And farmstays which farm stays as you know are proceeding already under a separate project program. And so these are all proposed to be carried forward to the larger AG-2 zone. So to move on and discuss the options for your board, we have the three basic options. The first one being to direct staff to move forward with the current project scope which is what we've just discussed and then in directing staff to move forward with this option, the board would need only approve the budget revision to appropriate the funds for the environmental review.
Option two would add some additional uses and follow a similar tiered permit structure. However, the potential uses would need to be assessed as a part of the project to identify how small the scale and what intensity of use would be appropriate in order to determine the appropriate permit level tiers. And also we'd be evaluating to ensure that the uses would be incidental compatible and supportive of the principal agricultural use Some of the uses that might be accommodated by this option include incidental food service, small-scale farm to table dinners, cooking classes, other small scale events and educational opportunities such as farm tours, agriculture and natural resource workshops or tours, bird and wildlife viewing, astronomy or stargazing and photography.
Staff anticipates option two could proceed with the same budget revisions for consultant services as for option one. And finally, option three would expand the scope further to consider relatively larger and higher intensity agricultural tourism type uses. Potentially these uses could be allowed on all agricultural lands and consider them for the smaller properties that are zoned Ag One They could consider new commercial and entertainment enterprises on agricultural lands such as restaurants, bed-and-breakfast inns, large scale events such as festivals or concerts and other events like running or equestrian events. And I do want to make it clear that a bed-and-breakfast inn is not the same thing as a farm stay.
The farm stays have very specific Requirements that have to be met pursuant to state law and are moving forward with a simpler permit process. So they are different from bed-and-breakfast inns. Some other ideas that have been brought up include public bike paths and trails or other kinds of infrastructure that would connect various ag tourism type uses. And I would like to note that in regards to this, the Community Service Department has just begun preparing a recreation master plan. And some of these larger more expansive uses probably should follow the recreation master plan to see what gets developed and proposed for that countywide project.
And finally, option three could also include any number of or combination of uses that we've talked about on both of these slides. Options two and option three as well as other uses that are listed on attachment to your board letter. And I, but I would like to point out that that attachment on that attachment 13 of the uses that are listed there have are already included in the caveat a tiered permit structure and some of the uses are also already allowed in Ag 2. But with a conditional use permit.
Option 3 would require more time and higher costs for staff resources for research, public outreach and ordinance development. And higher costs as well for consultant services and environmental review. If the board selects option three then the board must decide whether to consider it as a part of the long range planning work program in a future fiscal year.
Direct staff to initiate an expanded work effort this fiscal year And if this was the board's direction, then the board must allocate additional funding for an option three because the scope would be expanded so much. Or the board would have to identify another project in the work program that would have to be delayed in order to accommodate the expanded ag-tiered permitting project.
Regardless, if the board selects option three staff recommends that the board identify the kinds of uses to include in an expanded project and direct staff to prepare a scope of work for that project. A project description and a budget revision to consider at a future hearing. Before I conclude, I do want to mention that the ideas that have been suggested for options two and three have been derived from a number of conversations with some different folks including Commissioner Park who had started some community meetings and talking to a lot of different parties with interest in this project. We also had one meeting where we heard from members of his group who've been discussing uses And staff also considered this attachment to for this list of this broad list of different uses, both large and small.
And again, as I mentioned, some are already include are already occurring in our county with with permits allowed in our zoning ordinance. I also wanted to mention that the department regularly attends the monthly Agricultural Advisory Committee meetings and provides status updates on various projects And even at the beginning of this month, Deputy Director Clemon provided a preview of this hearing on the project scope.
And finally, I also mentioned once that we are in the beginning stages of this project and there will be opportunities for public participation engagement as well as staff will be making formal visits to the Agricultural Advisory Committee as well as the Agricultural Preserve Advisory Committee to discuss project details. Once the board has provided direction to us regarding the scope And with that, I will complete our presentation. And this summarizes the recommendation which is basically would cover for options one or two and we thank you for your consideration and are available for your questions.
Thank you for the great presentation. At this time, we're going to close additional public comments. We have 20 speakers already and we're going to have to limit time to 2 minutes per speaker when we get to that stage. Are there questions for staff at this point? Supervisor Hartman.
Yes, I have just a couple of questions one is would it be possible to include farm breweries in the second tier or explore it see whether it would fit and if not come back to the board? I'm going to pass it over to a constituent who's really eager to grow hops and produce beer just to be served on his own property. And so, I'd like to see whether that fits within this context.
2:31 – 2:3814 turns
Supervisor Hartman through the chair? Add that item to the option number 2 with the caveat that there's one aspect of it that we currently need to do a little bit more research. On in order to feel that were aware of the full scope of work, that would be involved and that just has to do with the specific development standards that would. be applied to breweries in order to make sure that agricultural remains the primary use of property and it is related to the brewery use. We're anticipating this would be modeled after the viticulture wineries ordinance where there's already ratios at least for Viticulture, we just need to check see what is a good ratio for example for ag versus the brewery use given The unique aspects of brewing and growing the products for brewing but well We can't commit to do is take a look at it Do that research?
And if we do find that is going to be a larger endeavor than what we can fit an option to you at that point we Can return to your board ask you what you would like us to do with that specific item or There's also a pre-application that's with our department right now that's under review. It involves a privately initiated ordinance tax amendment to allow breweries on Act II lands, so if it's the case that this project doesn't proceed, the applicant could always pursue that privately initiated option if the timing doesn't work out for whatever your board decides to do.
Thank you Mr. Korman Is it possible to move bike paths and trails from option three into option two?
Chair Hart, we do not believe so for a couple of reasons. One is there as Ms. Harris mentioned the Parks Department's parks division has already begun the development of a recreation master plan There's also in the Public Works Agency, the active transportation plan that's now being developed. We believe those two items should proceed first before we start talking about trail connections and trail corridors because we really need to map out and see where this makes sense and make sure that we have a coordinated plan that we're implementing and that really warrants Those plans to be adopted first, but it's definitely a very popular item. We were hearing that from a number of different sources, but they're also very controversial too so because those reasons we're anticipating that there will be a substantial amount of public outreach that would be involved with developing a master plan and then also figuring out what is the best way to implement a trail plan and make sure those trails happen so Unfortunately, no.
I don't believe it can be fit into option two.
Okay other questions for staff? We'll go to public comment then.
Chair Hurte and members of the board we have 20 requests to speak on this item and we are going to begin with Kurt Amon to be followed by Larry Schaefer.
And Mister a reminder that we're going to unfortunately have to limit the your time to 2 minutes. So I apologize, but we have many speakers today.
Not a problem. I appreciate the time to speak. My name is Kurt and I'm the GM of Melville family owned and operated winery established in 96 right in As everyone knows, under the current circumstances it's become even more clear how much our business depends not only on the local area but the state and the country. And we feel very strongly that option two and three would help give us additional options and strengthen our ability to survive and thrive in this area.
The county's been incredibly accommodating through a very tough time with COVID. And we feel that option two and option three are sustainable ways to continue to improve the climate for our business to survive and thrive in the area. As I said, we were established in 96. We've been here for 20 years and we plan on being here for a lot longer but I would like to impress upon the board how much we appreciate the consideration And how much we support these two options.
And I'll relinquish the rest of my time,
thank you very much for your comments.
We will now go to Larry Schaefer to be followed by Andy Caldwell.
Good morning and thank you for allowing me to address the board. My name is Larry Schaefer. I'm owner winemaker of Tercero Wines a small wine label up in the Santa Ynez Valley. I've been an active member of this community and the wine community for nearly two decades, having raised three kids here. I am blessed to not only live here but to be able to work with truly world-class grapes that allow me and many others to make world class wines, and I don't make that statement lightly. The local wine industry remains a very important part of the entire Santa Barbara County community, and our industry accounts for over $1 billion in revenue to this county via grapes grown, made into wine, and sold locally, nationally, and internationally, and all of the trickle down from these activities.
That said, our industry remains at a competitive disadvantage to other wine regions north and south of us. Where consumers are given more choices of place to stay for overnight visits including unique opportunities to stay where the grapes are grown or where other crops are produced. They're also allowed to enjoy meals prepared at many wineries instead of having to either prepare food in advance by themselves or not enjoy food with the wines at all.
The local governments in these regions have understood the uniqueness of agricultural tourism and have embraced it to the benefit of their communities. Why this is not allowed in our county remains a mystery to me, and hopefully we can all work to rectify this in a timely manner. Now is an opportunity for the board and our local government to do something and to allow us to be more competitive with our neighbors. I can tell you from my own experiences as can many other winemakers that consumers south of us oftentimes pass us to go to Paso Robles because of greater housing and food options.
This not only has an adverse effect on the wine industry, but let's not fool ourselves. Wine consumers when they do overnight stays, not only enjoy wine, but also shop at local gift shops, go out to eat at local restaurants, shop at local convenience and grocery stores et cetera. The trickle down of these overnight stays is a boon for our local economy and we are missing out.
I therefore urge the board to heavily consider option two and three or at least the pertinent parts mentioned above when thinking about what is best for everyone in the county It will not adversely affect local hotels and motels, which are nearly always to capacity nor will it affect local restaurants as guests need to eat more than a single meal when they stay overnight.
But it will allow us
to
capture more consumers.
Thank you Mr. Schaefer sorry about the time short.
And we will now go to Andy Caldwell to be followed by Aaron Walker Andy.
2:38 – 2:4411 turns
Chair Hart members of the board Andy Caldwell representing Colab. This is a very complex issue that you're deciding. I really do believe that you should ask the Ag Advisory Committee to go over this and make this as a work project of them because they have every ag sector represented, and Supervisor Adam can speak to this better than me. It would not hurt to have all of the uses on ranch lands but it would be A mortal and maybe fatal mistake to have any of these uses next to food crops, both for public safety and food safety issues.
And so it's not like you can just do a broad brush one size fits all. It depends on the areas in this county that are given to, for instance, vegetables or strawberries versus grapes and avocados. But even with avocados, dogs walking through an avocado orchard could actually leave spores that could decimate the trees. So we would want these things as many uses as possible for ranch lands because the cows don't pay for the land. They don't pay for the upkeep or anything else for that matter in this day and age.
What I do fear, however, is a cheat pack type committee doing this versus the Ag Advisory Committee because the farmers as you well know we're not happy with the Gaviota plan. They didn't like what happened to their recommendations they didn't like the final plan And this gets to the point that not everybody that owns a ranch land is actually a farmer. You've got trust fund babies, you have people living on estates versus people that are actually trying to make a living doing agriculture and or things that are symbiotic with ag and or they have no conflicts with ag.
And again, I wish the AG Advisory Committee would have the opportunity to really look at the entire map of this county. Thank you Mr. Caldwell
unfortunately your time is up.
We will now go to Aaron Walker to be followed by Ryan Zotovich.
Mr. Chair just a quick question about that to Supervisor Hartman and Elisa. Wasn't the reason why there was discontentment about the Gabbia plan more about what Coastal Commission changes were foistered upon it before adoption? And we wouldn't have to, would we have to obtain Coastal Commission approval for this.
Mr. Chair, members of the board, unfortunately I was not here at the time that occurred and I'm wondering if any of the long-range planning staff recall how that transpired with the GAVPAC? And perhaps Mr. Lackey would know? Is he on Zoom? He's the next speaker. Yeah. David Lackey, our supervising planner will know.
Mr. Chair and Board, the GAP PAC process was many years and I think there were areas where there was support and disagreement as early as when we're going through the Planning Commission and Board phase but then also through the Coastal Commission adoption phase regarding certain issues relating to environmental sense of habitat and other types of issues. But at least in terms of the scope of the uses for the ag tier permitted, those were generally supported by that community itself.
And go ahead.
Mr. Chair, just to add on to what Mr. Lackey said also I wasn't around when this happened but what was conveyed to me was that when we were advancing through the Gaviota Coast Plan that there were commitments made to certain members of the agricultural community to do two things one was to consider what are you doing right now expand the uses that were being considered to be allowed in Gaviota Coast Plan elsewhere and And then second, pursue possibly a categorical exclusion to allow certain uses in the coastal zone without a Coastal Development Permit. So we pursued both of those but taking the second one we did pursue though when Dr. Russell was the Planning Director and what we found was that there just was very very limited options to allow these uses elsewhere therefore we continued with the ag-tiered permitting project as well so These were based upon commitments that were made to the larger agricultural community when we were developing the Gaviota Coast Plan and a request for people from certain folks for us to consider allowing these elsewhere.
But as we found out, coastal commission did change some of those regulations and what ended up being adopted was not necessarily what was initially negotiated and was initially committed to be allowed or considered to be allowed elsewhere so hopefully that helps.
And just to follow up, Supervisor Williams through the chair. This package would only have a tiny part that would go through Coastal Commission approval. The bulk of it is in the inland area and would not require their review.
Let's continue with public comment.
And our next speaker is Aaron Walker to be followed by Ryan Zotovich. Aaron?
2:44 – 2:5010 turns
Hi, this is Aaron Walker. Thank you for the time. I'm Director of Winemaking Operations and winemaker for Pally Wine Company. We are based in Lompoc and have been here since 2005 built a building here and have employed quite a number of people since 2007 at our own facility here in Lompoc we have a vineyard 50 acres planted in the Santa Rita Hills on in the county land area And we also have a tasting room in downtown Santa Barbara that's been there since 2012.
So we've been a big part of this wine industry for many years now and I personally lived here and started a family within the county in here since 2006, and I've worked in both the restaurant and the wine industry. And I see that...I just want to say that these options two and three seem very important For the sustainability of our industry, so I just wanted to throw in our support for exploring those options. Thank you very much for your time.
Thank you Mr Walker.
We will now go to Ryan Sotovich to be followed by Karen Stein watch.
Hello, I wanted to thank the Board of Supervisors for giving me the ability to voice my opinion. My name is Ryan Zotovich and I've been in the wine industry in Santa Barbara County since 2005 and I'm a Central Coast native who went to South Bali for Wine and Viticulture and that's where I met my wife and we both work for pretty large wineries in the area that do a lot of business in Santa Barbara County and along with our day jobs we both have a winery that has a tasting room in Los Olivos In the interest of time, I'd like to echo both well really what Kurt Larry and Aaron just said. And add to that that I would strongly encourage the Board of Supervisors to pursue option two and take a hard look at option three.
I think we're in a position to be the premier echo tourism destination on the Central Coast and the potential revenue into the county coupled with the job creation and increased tourism is something that we cannot ignore and should actively pursue This is something that can seriously bolster the local economy, educate consumers and ultimately enable us all to thrive together if done correctly and responsibly.
In our tasting room specifically we message about our farm and where we source the grapes from but to be honest most of that falls on deaf ears as we're constrained by the town in the four walls of our tasting room that we have to operate in there's no substitute for seeing land and the grapes that are they're grown on And touring the cellar with a winemaker, walking in the fields of the local farmer or to be honest even the experiences garnered by young person while being able to be an intern at a farmstay. I mean my wife and I have had the fortunate ability to travel obviously pre-COVID and obscene ecotourism done well all over the world Mexico France Italy and everywhere we've seen it employed the communities rallied behind it and it's thriving when people get on the land it really gives them a sense of place and something tangible to interact with Bapes are ground for one reason, and that's to make wine.
And the resulting wine is very unique given the terroir it's grown on. However, unless you see it, you're most likely never gonna understand that. And our tasting room has vastly been impacted by COVID. We're able to come up with a makeshift-
Mr. Zotovich, I'm
sorry that
your time is up. Mr. Zotovich,I'm sorry. The two minutes goes fast but thank you for your comments.
And we will go to our next caller Karen Steinwalsch to be followed by Mary Hayden.
Good morning Chair Hart and members of the board this is Karen Steinwalsch I am a wine grower and a farmer at Buttonwood Farm Winery outside of Solvang and also the proud and sometimes frustrated owner of a little farm historic outside of Los Olivos Buttonwood Farm was founded in 1968 as a farm with the vineyard planted in 1983. It's 106 acres, about half of that is wine grapes. The rest of it is olives, pomegranates, almonds, peaches, hops and in the summertime row crops.
We were sustainably farmed before there was even a buzz word and we're now moving the vineyard to regenerative agriculture. We are really good neighbors. And we're surrounded by smaller ranchettes and managed to make that relationship healthy and happy. And what I wanted to tell you a little bit about was this visit that we had one day back when we could have visits of a group of people from one of the higher end grocery chains, and as they were visiting it was not just their buyers, it was their financial department, and one of the women on the tour said she had no idea that peaches grew on trees So it was really quite an experience when you think that someone who works at Whole Foods doesn't know where peaches come from.
And every Wednesday what we do at Buttonwood now is in the morning before Chasing opens outside, we do vineyard walks with people and honestly they are so engaged after understanding how we actually grow wine which is what we do that we find every single one of those people joins our wine club. So to us this whole ordinance would be all about Keeping the region as it is. We don't want, you know, the orange trees moved out like they did in Orange County. We love our big open spaces and we love showing people and telling people how their food and their wine which is food comes from. It's financially needed experiential tastings are the way to go. We learned a lot of lessons from COVID that are actually quite positive about this.
And we do first of all thank Commissioner Park who's doing a wonderful job bringing us together to talk about this ahead of time And also encourage you to support option 3 so that we can look at all possible options with this ordinance. And if possible, to initiate this year.
Thank you very much for your comments. Appreciate that wonderful story as well really illustrates the point.
2:50 – 2:5614 turns
We will now go to our next speaker Mary Hayden to be followed by Matthew Bizarre.
Yes hi my name is Mary Hayden and I am the co-owner.
I'm sorry Mary are you using a speakerphone or headset device if you can please speak directly into your phone we cannot hear you?
Oh no, I'm actually on a landline not even a cell line. I don't believe I have a speaker going here. You cannot hear me at
You are extremely faint, so if you can just please try and speak as loud as possible and clear. Okay
I am so sorry. My name is Mary Hayden and I am the co-owner and co-manager of the Ted Chamberlain Ranch in Los Olivos. We obviously get very bad reception out here and I apologize for that I am a member of the Farmstay Advisory Committee, yet today I'd like to speak on behalf of myself as a cattle rancher. I ask that the Board of Supervisors please support agriculture in Santa Barbara County and please expand the scope of work to Option 3 for the Agricultural Tiered Permitting Ordinance.
I also ask that you strongly recommend to the Planning Development to work together with the Agricultural Farmstay Advisory Committee to create an ordinance that benefits both the county and all agricultural interests in Santa Barbara County. I think that's all I'll say today since I have such a bad reception, but thank you very much for listening.
Thank you Ms. Hayden and thank you for your comments. Appreciate it very much.
We will now go to our next caller Matthew Bizarre to be followed by Madison Murphy
Hi, thank you very much. I appreciate you taking the time to speak with people all across the county on this issue. My name is Matthew Bazard. I'm the part owner and general manager of Gleason Family Vineyards which includes Roblar Winery in San Yanez, Refugio Ranch Vineyard in Los Olivos and Royal Oaks Winery in Solvang. We also run Roblar Farm and this has been a family business.
I operate with my wife now and her family started back in 2008 We're particularly interested in this ordinance amendment and have been vocal participants at at least three community-led meetings in Los Olivos. Our priorities lie in continuing a long family legacy of farming and winemaking in Santa Barbara County, all the while preserving the beauty and authenticity of what really brought us to us all to this area.
But if we're to continue farming market conditions require that we do more than grow row crops and make wine at our boutique wineries The county should really consider ways for small to medium-sized businesses to thrive in Santa Barbara County. Otherwise, the rising price of real estate and unabated cost of operating here will hand over our beloved farm and ranch land to big companies who will take profits and authenticity out of the county. This will reduce tax rolls and the character of the San Ynez Valley which I love and live in.
I strongly support option two with Potentially the inclusion of AG-1 parcels, which will allow small farmers and ranchers to grow their businesses and agriculture operations responsibly. All the while promoting agriculture to visitors and locals alike. This is a place where the people who live here also love to experience agriculture. Time is really of the essence as COVID-19...
Unfortunately,
Matthew we're losing you but your time was two minutes and thank you very much for your comments.
We will now go to our next caller who is Madison Murphy to be followed by Renee O'Neill.
Thank you very much my name is Madison Murphy And on behalf of Preskill Winery in the Santa Maria Valley, we're very grateful and very supportive of the county's efforts to explore expanded uses of agricultural properties. We have vineyards, a winery facility and an onsite tasting room, pretty expansive gardens as well as marine chaparral and wildlife corridors and open space and traditional row crop farming. We have 480 acres We're, as I said we're very supportive of expanding options particularly option three.
My personal belief is that Santa Barbara County wine industry is at a competitive disadvantage compared to other areas. I believe option three is a significant step in helping our industry achieve diversity of income streams as well as making Santa Barbara County a more compelling and attractive place of destination I think option three is particularly important for those of us in North County as well as the county broadly. We want to help in any way that we can, we want to be involved and we thank you for exploring these expanded offerings which really should be very very positive for everybody in Santa Barbara County so thank you for considering this.
Thank You Mr. Murphy.
We will now go to Renee O'Meal to be followed by Michael Larner
2:56 – 3:0312 turns
Good afternoon supervisors community. This is Renee O'Neill first I would like to apologize to the board for my misunderstanding regarding the workshop meetings that were coordinated by We Watch for John Park. Apparently these were not government meetings and so I wanted to make that correction. As long term resident and advocate for the community of Tepes Day I encourage the board to adopt option 1 or 2 but I am absolutely opposed to option 3.
I also want to add my support to all who opposed option 3 which includes a list of concerning items such as hunting shooting ranges etc that would impact on the safety of our communities In addition, considering the fact that most ag lands are located in extremely high-fired hazard regions like Tepeskaya, I would like to caution the board to carefully consider appropriate land uses.
So I've been a long term fire associate advocate for Tepeskaya community. I've served on the Board of the Fire Safe Council and I totally support ag and appropriate land uses, but I don't want to see our county become a... And our traditional agricultural lands become industrialized fee-funded trails put on throughout private properties or all the different things. I apologize.
Had a chance to really, really review all the issues. But when I saw sea hunting for guns and shooting ranges and things like that immediately I thought about fire safety and human safety as well. Thank you for your time. I appreciate you listening to me and have a good afternoon.
Thank you Ms. O'Neill.
We will now go to Michael Larner to be followed by Chip Wolbrandt.
Good afternoon or morning if it still is, and I want to thank the board members and especially 3rd District Planning Commissioner Park for really taking this initiative and spearheading it. Especially since we consider it was started before COVID and so there's definitely a need in a want to do this and I also applaud the idea of taking the Gaviota plan and using that as sort of a framework tier to start looking at it. But also, I think when we go forward, we start to realize when we look at things like outdoor recreation educational experiences a lot of diversity and the things that may apply to Gaviota do not apply to the Valley. So I would love to see all of these options and I strongly support all of them between option one two and three essentially because I think we're in the initial phases it's still good time for us to sort of explore Every option on the table.
And I want to remind folks that are, you know in the agricultural business as I have been for over 20 years that, you know, the experience of somebody coming to the estate let's say in a case of our winery is a direct-to-consumer but there's a residual effect through wine club memberships and continuing purchasing so that can be incurred on any level whether it's olive oil lavender these kind of things. I think any option we look at has to have some sort of accommodations overnight All of us have felt a crunch through the Airbnb issues, and I think entertainment can be done responsibly. So in essence, I'd love to see any option on the table that enhances the visitation for folks that come here because I spent four years as Santa Barbara County Vintners Executive President trying to get people up here realizing that we're not giving them places to stay.
We're not giving them opportunities for things to do And we need to find a way to restore that balance through people, through the visitation and start rewarding agricultural enterprises big and small so we don't end up with McMansions like we currently have in the Valley. So we can accommodate that. In my short lifetime of being up here in 20 years I've seen wonderful things happen with Uber driving to wine tours now through Uber.
Thank
you
Michael, that is your
time. Thank You Mr. Larner appreciate your comments
We will now go to Chip Wolbrandt, to be followed by Sharon Merritt.
Thank you board members for letting me speak I'll try and be quick. I've participated in the forums that have been referenced that stretched for at least a year and a half now it's hard to remember time before COVID but we did actually have time before COVID and a lot of great ideas from the public including wonderful Assistance from we watch and unfortunately that didn't end up going anywhere. I think you have another chance to have that go somewhere. I was also on the advisory group that's been formed by John Park. I think that was a great alternative of outreach rather than the for example winery ordinance update that was such a failure a few years ago, I would strongly urge you to support a version of option three but with more direct interface between That advisory group, the public and a very qualified consultant and the planning commissioner.
I'd note that many of the uses on the attachment to list are already happening including on Ag One lands it's just people are keeping a very relatively low profile and ignoring the county rules so I think you should instead provide for those uses but i'm going to say I think the real need is to bring in a consultant who understands and has already implemented An ag tourism program and then let them work with the ag community planning commission and other interested parties.
And I'm going to make one last, I don't want to cut myself off too deeply here with those who supported the Gaviota Coast plan but my experience it was really looking at an area and treating it more like an open space in museum area And I don't think that's the same approach for the rest of agriculture in the county. So, I would again urge option three with a consultant who has already been successful somewhere else. Thanks.
Thank you Mr. Wilbrandt.
We will now go to Sharon Merritt to be followed by Puck Erickson.
3:03 – 3:089 turns
I'm unmuted can you hear me?
Yes we can thank you.
This is Sharon Merrick. Thank you for allowing me to comment on this item as a farmer with farms in both District 1 and District 3 growing avocados and vegetables I support options one and two and strongly oppose option three. I served on the ag tiered part of the Gaviota plan and would be delighted to comment on that if you wish later options one and two can be implemented largely without interfering with food agricultural operations Parts of option three may be compatible with wineries, but elements such as shooting ranges, inns, trails and tours on quads are not compatible with food agriculture or adjacent food agriculture or food agriculture on a particular property. Having a place to stay and things to do will be covered by the farm stays program without your approving option three.
I urge you to eliminate option 3 until more public comment then commissioner parks advisory group can be solicited. Thank you.
Thank you miss Merritt.
We will now go to puck Erickson to be followed by Wendy Altman. Yes,
this is puck Erickson. I'm speaking as a local landscape architect and someone We started with the wine industry and farming back in 1975. And I've seen many events from Carriage Classic to small chamber orchestras at wineries, and also food events. And I think this is such a missed opportunity for our county to really engage Allow the public to be a part of the agriculture of our county. So I clearly support option one and two, and I think like some other people have mentioned it's maybe a little premature. I think there are many opportunities in the county depending on where things are located To have events such as concerts and poetry and that kind of thing, but they really need to be looked at on an individual basis. Someone way back in Tapiskaya Canyon is a very different animal than someone who is say right off 101.
So those are my major comments and I'm just very I just want to say that we are very appreciative of all the work that's gone into this so far, and I hope we can move ahead with this so we can offer people the same experiences that our friends in Vermont and upstate New York and Washington State offer their visitors. It does not have to be a Disneyland. continue to participate.
Thank you, Ms. Erickson and thank you for your comments.
We will now go to Wendy Altman to be followed by Allison Laslett. Good
afternoon. Thank you for the opportunity to speak on this matter. Our family has owned La Pressa Vineyards since 1978 And over the years, it's become more and more difficult to continue farming because of the high cost of labor, water, and changing weather conditions. It has become really quite a struggle for our family and has to do with financial resources to stay in this business and continue.
Our family desperately needs a way out Our income and more. This would also be a great way to for the for our county to generate income as well as bring more visitors to our region supporting all other businesses as well. We are support option two and three I'm Wendy Altman from La Presa vineyards. Thank you.
3:09 – 3:147 turns
Good afternoon. This is Allison Laslett CEO of the Santa Barbara Vintners. I'm supportive of option 3 in this time of COVID and the corresponding economic impact. I think opening up channels for farmers and vendors to expand their revenue sources could be crucial to the very survival of some of these businesses. I realize option 3 pursues the most activities that might be allowed on ag land But I also know that when regulations are written, it is easy to take away than to add. So I think starting with the most possibilities will allow the opportunity to refine and ultimately include the best possibility.
I also think it's essential to include Ag One land in the permits which option three also does as these are usually the smaller farms and an additional revenue source can once again be crucial to their success. I've used $170,000 investments that option three would require as an investment in the economic recovery of the area. Not a handout per se but an investment that will allow the agricultural community to engage in its own recovery.
In my experience so far working with the Farmstay Advisory Committee and then the county staff, I have seen smart people working on these ideas who are dedicated to the land I have not heard ideas that step away from the core purpose of visitors building a relationship with the land or educating them on the products produced by the land. I think expanding outdoor activities are going to be popular over the next few years, and they also give people a different and potentially new relationship to tourism.
I view this as a winning opportunity for the county, the farmers, and the potential visitors. Thank you.
We will now go to Britt Tanquiri, to be followed by Stephen Jaynes who is our final speaker.
Hi. Thanks for allowing me to speak today. My name is Britt Tanquiri. I'm a Cal Poly San Luis Obispo Agricultural Business graduate and a local business owner. I want to convey my support and strongly urge you to consider options two and three. These both have immense positive short and long term benefits for our ag community here. Larry Schaffer mentioned that right now Santa Barbara is being passed up by tourists en route to Paso Robles on the east right. This is truly a missed opportunity for us.
Agritourism and tourism diversification will create more options for tourists putting Santa Barbara higher on travel lists. Farm stands flower farms farm tours hip camp another option for in area ag themed stays Has serious potential benefit for our community, especially since right now you know there's this aversion to hotel stay. Truly missed opportunity.
This program has huge economic benefits for us. Diversified tourism means new revenue streams are positive for our local economy creation of jobs additional revenue streams subsequent tax dollars and right now it's an especially challenging time for businesses. We should really look to hang on to as many dollars as we can including giving small farmers a fighting chance In closing, I strongly urge you to consider options two and three. Thanks for your time.
Thank you for your comments.
We will now go to our final speaker Stephen James.
Dear Board of Supervisors my name is Steven James and i'm on my 25th grape harvest here in Santa Barbara wine country. I think the Farmstays ordinance is a very exciting and promising development for Santa Barbara County and encourage you to explore and create the most flexible plan possible to celebrate this county's diverse agricultural economy. Consideration certainly should be given to neighbors, other stakeholders and the environment to create the most robust regime possible.
As a vineyard and winery we cannot be more supportive of options two and three. The possibility to share the land with our guests in creative educational and interactive ways harkens back to the old world of Europe where agriculture is interwoven throughout their cultures from birth to death. While I may be romanticizing this notion slightly, we have an abundance of beauty here in this county that I know would attract visitors from all over the country to experience.
Specifically, the idea of incorporating more agriculture and food-to-table concepts via restaurants and cooking classes would make a significant difference in expanding our overall business. If guests could have limited overnight stays in the field and on the property, this would be all the more powerful as guests can further immerse themselves into the region for hiking and other natural pursuits.
Lastly the timing of this ordinance is incredibly relevant and puts our county at the forefront of the food and wine movement. Americans are finally beginning to really refine and hone their own food and wine culture as one can see with the proliferation in cooking shows chefs are now considered rock stars in the growth in farmers markets around the country.
This new ordinance will have a very positive impact on our business allowing us to continue to invest in the region and make friends all over the world for Santa Barbara County. And we see it as a win-win for the Santa Ynez Valley. Thank you for listening.
Thank you, Mr. James appreciate your comments.
3:14 – 3:2618 turns
And that was our final speaker.
Thank you very much for commenting and sticking to the time limit so it's really helpful we are now back to discussion with the board who would like to begin?
I'll go oops
surprise Hartman Go ahead well
Well, Supervisor Williams can go first if he'd like.
I don't think his light is on. Okay, I'll jump in. I think given the fact that there's a couple of you that this ordinance would affect more, I'll leave it to you.
First of all, thank you to staff for teeing this up for us. There is tremendous interest in the community at large and particularly the third district that I represent although I believe the We Watch group represents agricultural interests from the entire county And the first thing is we need a new name for this. But we're talking about two different things, these small-scale uses that really fit within agriculture and are incidental to the agricultural uses and then more of the ag tourism. I don't know exactly how to marry them in the name but I think Ag Tier doesn't say anything to anybody so...but I have been sitting here thinking of other ideas and I don't have a great one.
We are an agricultural county. It's our largest economic sector, I think it's 2.6 billion every year but it's a really hard industry to have Barbara County Board of Supervisors meeting a real step in that direction. I know with COVID, again, I'm very grateful to the staff and colleagues and CEO's office that we allowed the wine tasting at restaurants. It's been an opportunity to experiment and I think it's been very successful and very much appreciated.
And I live just north of Buellton, and I'm always astonished by the ostrich farm and how crowded it is. You can't get a parking spot because people are hungering. As Karen Steinwalk said, peaches grow on trees? Well, people are so eager to be connected to this land the foundation that feeds us. And so I'm very, very eager to see this move forward. So there are a couple of details. Is Ag 2 or Ag 3 or the, I'm sorry, Option 2 or Option 3 For me, I believe the rec master plan has to be carefully integrated and I don't see why the two couldn't work together and perhaps leverage resources if that were at all possible.
I know there's a lot of discussion about a wine trail and if there could be some kind of camping along the way that this would be really an enhancement of great proportion for our county. It's not for everywhere, but I think there are places that are pretty clear that we'd like to look at that have been done in at least the Santa Ynez Valley, I think my personal view right now is To stick with Ag 2 rather than going to Ag 1, at least where I am in the San Ynez Valley which is most of the Ag 1 properties often they're mixed in with residential uses and I think it's a little more complex. It may be something that we look to expand in the future but I would prefer starting with Ag 2 and I think it's clear that large-scale entertainment and concerts and that kind of thing, there are other venues.
And I'm not sure that that's appropriate on agricultural land so I'm not trying to go to that extent but I do think rural recreation, I'd like to see incorporated in some way if at all possible.
I'll just jump in here because I do strongly agree with Supervisor Hartman and there has to be a way to do some concurrent coordination of the Recreation Trails Master Plan, this ag tier permitting and even the circulation element. This is exactly what Renew 22 is about, it's trying to figure out how we can do things better differently. And while I understand how the normal process would be to have these things be independent and coordinated on their own timetables The connection between private trail dedication for public access and additional permissive uses is the connection. That's not going to happen without the
other, and so we can't do those things without them being synchronized. And so I really would like to see that figured out by staff.
Mr. Chair yes, I just wanted to Add something as the board is making their comments to let them know that we are coordinating with CSD on the recreation master plan and so those the recommendations that come out of that plan will be woven in to any amendments that we decide to Not include in this ag tier permitting. I agree a new name is is a good idea, but there's we can do both. I guess is what I'm trying to say is that we can move a package forward now. that may be needed by the agricultural community sooner rather than later, and then keep some of the pieces that are a little bit bigger and more related to the REC Master Plan for an effort that includes the recommendations that come out of that plan. And that would be put into our next work program that we bring back to the board in March.
So just that something to think about as you're deliberating and wondering about but there are a number of amendments. I think that are in either one and or two that we could take forward now more quickly and get them effective for the AG community.
Thank you for that any other comments from other board members?
Yeah, Mr. Chair
supervisor Adam
Yeah, I think there seems to be a little confusion on the bifurcation of heavy commercial agriculture maybe if you will. And this smaller agriculture that wants You know be commercial but it's it's really difficult for a variety of reasons. And you know that the massive portion of your agricultural industry that I'm involved in you know the heavy commercial side is not going to benefit from this at all. I don't think I can't see anybody that's actually You know, making a reasonable living off of agriculture in large scale really getting involved in these kind of activities.
The cattle business in maybe an exception because it is really, really difficult if not impossible to make money in the cattle industry in California. Even with the Williamson Act limiting the property taxes because cows just really aren't worth that much so I'm not seeing a lot of opportunity. I don't think this is going to make a large difference in our gross revenue from agriculture.
It's probably going to make a difference in some people's businesses that are on that smaller scale. And to that end, I think that giving them the maximum flexibility to utilize the attributes of their particular property. To do the things that they can see doing on those particular properties and each property is unique some lend themselves to ATV rides. Obviously, some of them may have some pay fishing opportunities on them. But that's not something that anybody besides on the Gaviota Coast is going to be able to utilize.
So I'd support either two or three. I'd rather have three, but I'd support two too. But what I really have a problem with here and it won't prevent me from being able to support either one of those two options is the bleed out From the community plan, which does not have a community to the rest of the county. And the map that we saw at the beginning of the, I forget what slide it was but The map that we saw at the beginning of the presentation has a, you can see the scale upon which we're going to take the Gaviota plan and then inflict it on the rest of the county without really having I think an adequate process. This is sort I don't know, mission creep except it's not creep. It's pretty big so I have a problem with that aspect of this whole thing but other than that as I said it's not going to prevent me from being able to support one of the options.
Thank you Supervisor Adam. Just a question. So-
Can you hear me?
Yes, Supervisor Lavendino.
Okay thanks I thought my mic was out for a sec. So I have a question about slide six when it says Gaviota Coast Planned Tiered Permit Structure so are those items that are listed there would somebody have to go get a permit for those? I mean just to sell firewood or
3:26 – 3:3414 turns
Mr. Chair, Commissioner Laramino, these are the uses that were approved in the Gaviota Coast Plan and the tiered permit structure and some of the uses are actually identified as exempt provided they meet a certain set of standards and some of them require a zoning clearance or a land use permit and it depends on the type of use The particular standards involved, and I don't recall off the top of my head which ones are exempt. You
answered the question though but so what I'm trying to figure out is if we said we want to go to option two or option three with this act hearing is that you would come back with a list that says okay these uses zoning clearance these uses Would be an LUP, these uses would be a CUP. I'm trying to figure out exactly how this is all going to play out but this would be something down the road when you identify these uses?
Supervisor Leavenworth, through the Chair. Yes we would identify those and in some cases what you would actually have is like a tiered use. Some uses might be exempt provided they meet certain standards if they don't meet those standards but they need a different set of standards it'd be land-use permit etc etc on up to a conditional use permit if you don't meet any of the standards
Okay. And then all of those would be played out through public meetings and go to the Ag Advisory Council and all those types of things, correct?
Yes, Mr. Labanino. Supervisor Labanino
would be correct. Okay. Thank you. So for me it always comes down to I would be able to support option two or three. Yeah so I'm good thanks.
Thank You supervisor
Labanino. Supervisor
Williams I was just trying to ascertain so the. The thoughts that, I mean to me this is a question of timing. Option three takes longer, option two's quicker but what I'm leery of is any process that then if we go with option two that we will unwittingly be rendering illegal some uses that we think eventually should be legal under option three. Is that what we will be doing if we go forward with Option 2? And I just wanted clarification on what Supervisor Hartman's idea is. You're saying we should go for Option 2 but shoehorn a few more things into Option 2, is that what you're asking for?
So one question is for staff. Do
you want me to go first? Sure, Mr Chair, Supervisor Williams. So what we're saying is that you've got the three options in front of you. One is existing scope of work. Two is a slightly modified scope of work that includes other uses that I think would be beneficial for what we're hearing for the agricultural community and three is So what we're saying is you've got, and you can do any one of those three things.
If you were to decide that either option two or three was workable, what we would do is we would take option two and move it forward now. And then we would look at the other uses that the board is interested in supporting and mix them with what comes out of the Recreation Master Plan. So that we get, because we know things are going to come out of that plan that are gonna affect agricultural operations and I think the belief is that some of those things will be quite supportive of some of these operations that need supplement to supplement their income So what we're thinking is, we could do both.
But some of the more extensive changes that would need maybe more environmental review or greater vetting would be at a later date when we had the recommendations from the Recreation Master Plan. Is that clear? Yes. OK.
Yes. Supervisor Hartman.
So I just had a couple of points I wanted to make. The first, with regard to the GAV plan my recollection is that some of these uses were allowed in the Gaviota Coast and people throughout the county were saying can't we do them too? And so that was kind of what prompted this Ag Tier Ordinance initially The second thing is I think Supervisor Adam raises a really important point that different kinds of agriculture would have different kinds of people wanting to learn about it, but I don't think that commercial agriculture is altogether out of the picture. I've attended the Santa Barbara Farm Day. I think I've talked about that here before, but it's on a weekend and People are absolutely fascinated, I was, by Brussels sprouts and how they get the machinery and the irrigation.
It's just amazing the kind of technical expertise that people have to have to be farmers. And so I think there is an interest on the part of the public if there were on the part of some of the farmers. And there were because they are involved in the Santa Barbara Farm Day. The third point I'd like to make is, I really would like to explore the brewery if that could fit into the, I guess, ag processing. And for me, I guess I'm feeling strongly that the staff is saying if we can move forward with the second option, that would be good but I'd like a 2A and a 2B and maybe we can get started with 2A now But 2B would be looking at trails and accommodations and that kind of trade-off that we might incorporate a second round where we can get more money if we have any available to do that.
Does that make sense, Ms. Plowman?
Mr. Chair, Supervisor Hartman I think it does and and I'm not sure whether to be in three kind of a blend but they could be I think what we're saying is that they would be linked to some of these other ideas that are being explored through CSD and as I mentioned we have a task force internal that is meeting regularly on that so we can stay abreast The things that are being discussed in that process and how they might affect our zoning ordinances and the agricultural operations.
Supervisor Chair, just to add on to what Director Plowman said, I want to clarify too the work regarding the active transportation plan. That's already included in our work program. It's already been identified we'd be doing that work as part of the circulation element update at least for the trails and corridors that are identified within Facilities that be managed by the Public Works Agency those would be identified there. So we really need those Items to be developed first before we can practically start developing the trail system That would be that's being a vision and discussed right now And then that's all going concurrent with the recreation master plan as director Plowman stated
3:34 – 3:4227 turns
Any other discussion is there a motion
Try this with the mask and speak loud. If I may? Yes. So, I would move staff recommendation but with the understanding that we're trying to get to at least aspects of three. We move option two but next budget opportunity will think about how we can reconvene and talk about what we'd like to see from three.
Second. Motion is made and seconded, is there any discussion? Madam Clerk would you please call the roll?
Mr. Williams?
Aye.
Ms. Hartman? Aye. Mr. Adam?
Aye
Mr. Lavinino?
Aye
Chair Hart? Aye Motion passes unanimously
Thank you. We're going to continue ahead, I know we have some outside counsel here for this next item and we'll do Department Item Number 3 before we break for closed session. So the, would the clerk please read that item into the record?
Chair Hart and members of the board, departmental item number three is from Public Works Board of Directors Flood Control and Water Conservation District as well as General Services. It is a hearing to consider recommendations regarding a resolution of necessity For the temporary construction easement for the Lower Mission Creek, APN 037-245017, number 003784 owned by Reginald E. Drew Jr., and this is in the First District and there is a four-fifths vote required on this item.
Thank you Madam Clerk. Mr. Gazzone, is there any additional information from County Council prior to proceeding with this hearing?
Chair and supervisors, yes. First I'd like to welcome our outside counsel Doug Dennington who's standing here came up with us today to help out on this. This is a matter that occurs under the Code of Civil Procedure where the power of eminent domain may only be exercised as provided by the statutes Part of those statutes are notice in a hearing where the property owner has a reasonable opportunity to appear and be heard on matters that are listed.
And those matters are three, first that the public interest and necessity require the project. Second, that the project is planned and located in the manner most compatible with the greatest public good and least private injury. And third, that the property sought to be acquired as necessary for the project. Those are all items that go into the resolution of necessity that was part of the board hearing materials and then my other recommendation is That the board treat this as a matter where you would make ex parte disclosures Such that if you received information about the project you provide a short summary of what that information Was and from whom it was received
Who would like to begin with ex parte disclosure I
Neither does Adam.
Okay, thank you very much. I did meet with Mr. Drew many many months ago maybe six months ago talking about how his business operates and how it relates to this parcel and his interest in a fair resolution of this acquisition I also had a meeting of the same substance with Mr. Drew and I believe his wife who also runs the business, and this was many months ago.
I can't give a specific date. I've been a year ago. Mr. Gazzani?
And Chair and Supervisors, I was confirming with our Chief Deputy Clerk of the Board that although the property owner received notice and opportunity to be heard at several outreaches not present for the hearing but nonetheless the hearing may proceed. That's my recommendation.
Thank you for that information. Thank You Mr. Gazzani. Mr. Famer would you proceed please?
Thank You Mr.. Chair members of the board Provide a brief overview of the Lower Mission Creek project and where we are and where we're going forward, and why we need this property On this slide. This shows the lower end of the project reach which if you can see my cursor moving the areas that are Below the freeway our currently have been constructed and are in place however The additional areas above the freeway, which is what we call Reach 2B2 and Reach 3, which are in the upper left side of this particular diagram, are the areas that we're seeking construction of right now.
I would note that the facilities built by Caltrans a long time ago are in place and again everything downstream of the freeway including the UP Railroad culvert are now in place. So the importance of completing this portion The investment that we've made in the downstream facilities to be actually realized with benefits for improved flood conveyance. Obviously, we need to complete the entire project which goes off this slide up to almost Cannon Perdido Street but this is the area that we're looking to construct right now and need these additional property rights in order to do that.
And with that I'll answer any questions about the project. Thank you Mr. Mayor. Are there any questions from board members
at Well, this is a public hearing to allow the owners of the property or the representative and any person who will be impacted by the project to address the district only on the following issues. Whether number one whether the project is necessary. Number two whether the project is planned and located in a manner that is most compatible with the greatest public good and the least private injury. Number three whether the property is necessary for the project. Number four whether written offer has been made to the owner Number five, CEQA considerations.
And Madam Clerk are there any letters that are requested to be made part of the record?
Chair Hart and members of the board we have not received any letters to be requested to be made part of the record today.
Okay well now I'll call a public hearing on this item and ask the clerk of the board to please identify the owner of the property or their representative which they do not understand are here or any other person who will be impacted by the project to address the district at this time.
Yes, Chair Hart and members of the board. The owner of this property in question is Regional E. Drew Jr., located at 315 Chapala Street, APN 037-245-017.
And is there anyone who would like to speak on this item? Are there any other property owners or the representatives who's adjacent to the project wishes to be heard or address the district?
Chair Hart and members of the board. I don't believe we have any adjacent to this property requesting to speak on this item. We do have one request to speak on public comment.
All right, I guess let's go to public comment.
3:42 – 3:4717 turns
Chair Hart and members of the board. We are queuing that person up as we speak and that is Kurt Amon Chair Hart, members of the board unfortunately we are unable to get a hold of Kurt Amon at this time.
Okay thank you I believe he spoke on the previous item so that might not be about this. I'll now close the public hearing on this item and the matter is to the board. Is there a motion to adopt the resolution other recommendations? And this vote requires a four-fifths vote for approval Supervisor Williams. Well, I just will make the the I will make a motion but I did want to ask staff to sort of repeat that there have been several attempts to make an offer on this property correct and my understanding is this project is completely Thank you, Mr. Chair.
It's unfortunate that we were not able to reach an amicable agreement with a property owner who is, you know, a small business owner and I want
Yes, we have met with the property owner as well as his representative representing him. And through the court system, we actually do have for the district actually does have possession of what's shown as the fee parcel which is the area that's in red, Right there where Tom has the cursor. And then the other area that the district does have right through the court is the permanent easement, which is the purple triangles in that square. What's before you before again is the line green area, which is the long linear... Sorry I take that back. The long linear area is a permanent easement.
What's before you now, once again is the purple temporary construction easement. The reason why the resolution necessity before the board before the district at this time is the district does have possession but that possession runs out the end of this year and it's due to the fact that the courts closed and we're unable to get into the court in time so that is the reason for this resolution necessity now as we couldn't reach an agreement to continue the temporary construction easement area. That's why I request it before you as well.
Well, that obviously is a very unfortunate but emblematic of some of the problems created by By covid, but I think this project remains necessary for the safety of. Tens of thousands of my constituents and many of Mister Hart's constituents and needs to be supported so I'll make staff recommendation.
Second
motion has been made in seconded and I think just The process of going to court to find out the compensation for property, and in this sort of an acquisition is a normal course that oftentimes occurs. And despite the best efforts of everybody involved to try and seek an agreement it oftentimes requires the court to rule on these kinds of matters. This is not
exceptional in any way.
That is correct. We are looking now to settle on the value of the location, but we wish to move forward once we reapply to the courts for this temporary construction easement if the district approves a resolution necessity.
Okay, thank you very much. Any other discussion to the motion? Madam Clerk would you please call the roll?
Mr. Williams? Aye. Ms. Hartman? Aye. Mr. Adams?
I.
Mister Levin, you know?
Hi
chair Hart.
I
motion passes unanimously
that concludes departmental item number three will now really see us to close session County Council could you please read the items for consideration.
3:47 – 3:471 turns
Chair and Supervisors, today in closed session the board has two separate matters of deciding whether to initiate civil litigation as well as a series of real property negotiations. The first real property negotiation is considering a potential lease on land at 363 Tahequis Landfill Road and then there are seven parcels My estimate for closed session is about one hour and 30 minutes. Okay, so we will be back a little before 2.30.
5:18 – 5:2118 turns
We're now reconvening the meeting of November 17th, 2020. Will County Council please report out from closed session?
Chair and Supervisors today in closed session the board considered two matters of deciding whether to initiate civil litigation as well as conference with real property negotiators concerning eight separate parcels one at 363 Tejiguas Landfill Road Thank you for the report.
The next item on the agenda is back to the administrative item number 9 that was trailed from this morning. Will the clerk please re-read that item into
Yes, Chair Hart and members of the board. Administrative item number nine that was trailed from this morning is from General Services Public Works Board of Directors Flood Control Water Conservation District. This is to consider recommendations regarding the acquisition of 660 Randall Road, Anthony 1760 East Valley Road, Flaster 620 Randall Rd McDonald's 650 Randall Road Nicoletti 680 Randall Road Rentals Riskin Rentals and 670 Randall Road Roaldruff By Flood Control and Water Conservation District for flood control purposes, APN 007-120-034, 007-120-059, 007-120054, 007120035, 007120032 and 007120033 respectively. RP file number 003892 and this is in the first district and there's a four fifths vote required on this item.
All righty, presentation from staff or nothing? Okay. Any discussion? Is there a motion? Oh yeah, public comment. Is there any public comment? Chair
Hart and members of the board we had no request to speak on this item.
All righty is there a motion? Move acquisition of the Randall Road properties and all staff recommendations associated with it. Motion is made and seconded. Thank you. Madam Clerk, would you please call the roll?
Mr. Williams.
Aye.
Ms. Hartman. Aye. Mr. Adam.
Aye
Mr. Lavinino.
Aye
Chair Hart.
Aye
Motion passes unanimously.
Thank you all.
The next item is Department Item number four. Madam Clerk would you please read that item into the record?
5:21 – 5:3319 turns
Chair Hart and members of the board, departmental item number four is from planning and development. Does the hearing to consider recommendations regarding the Becker appeal of the Montecito Planning Commission's approval of the San Ysidro roundabout project? Case numbers 20-8PL15 and this is in the first district.
And we'll start with a call for ex parte communications. Do board members have any ex parte communications to disclose? I suppose I might have the most in the long run. I've had many conversations with Montecito Planning Commission members, in particular the Chair, Mr. Newman and Mr. Kupiak. And I had a...
Chair and supervisors, on the subject of ex parte communications. We had recommended that an item be added to the record correspondence for Mr Becker promote this item in the following item, and I will summarize that and then click with the board could address it also but We received an email notification on Monday from Mr. Becker indicating an intent to file a Brown Act complaint and through an attorney in our office asked that he provide as per the statute some specificity on that, and it then came back. It sounds like Mr. Becker was more concerned actually about contact by one or more supervisors with what sounds like staff, county staff Thank you, Mr. Chair and members of the committee.
I'm going to turn it over to Mr. Becker. I would like to make a comment about the standard here is that if a decision maker at the board in this case relies on evidence outside the record. would have the opportunity to challenge or refute that evidence, or argue about those communications. So maybe some detail on the communications if you're talking about the quality of the project or indicating material that you receive from staff outside this appeal presentation today?
Thank you for that clarification and we'll have a motion to read that letter into the record after we finish with the ex parte communication. So Supervisor Leone? I'll provide it, the detail. The conversations were mostly about design of the project including lighting. Lighting was the biggest issue that I spoke with Mr. Kupiak about And with Mr. Newman, predominantly questions about view undergrounding landscaping some other there might be one other issue that we'll you know discuss later on.
I had a meeting yesterday with Mr. McGolpin, and we talked about the view issue through the roundabout at San Isidro and the competing need for material to block the view of the headlights in through the roundabout. And then also talked about the design of the street lamps at the Olive Mill Roundabout. Are there any other ex parte communications? Thank
you. Thank you. Thank you very much. Supervisor
Lavinia
has none. All righty to
the
letter. Same
here. All right, then matter for could you read the letter into the record?
Yes, chair Hart and members of the board as previously mentioned by County Council Mike is only we received an email correspondence between council and Mister Becker yesterday Monday November 16th which was If we can please get a motion to approve this letter that was received by the clerk on Monday, November 16th at 5.05 p.m., as it is four pages in length and then it could be considered as part of the record. Thank you.
Thank you. Is there a motion to include that letter in the record? So moved. Motion's been made and seconded. Supervisor Hartman and Supervisor Williams. Any discussion? Madam Clerk, could you please call the roll?
Mister Williams. I miss Hartman I Mister Adam. Mister Labanino.
I
hear her I motion passes unanimously
will now go to the staff presentation this time and you want to use your team.
Mister chair members of the board. Today we have Nicole Lou from development review who will be making a So with that I'll turn it over to Ms. Liu.
Thank you, Ms. Liu!
Good afternoon Chair Hart and members of the Board. Today I will be presenting the Becker Appeal of the Montecito Planning Commission's approval of the San Ysidro Roundabout. This slide shows the project area, including the limits of direct impact overlaid on an aerial photo of the existing site. The intersection at Sammy Cedar Road North Jameson Lane and the Highway 101 northbound on and off ramps would be reconfigured into a roundabout.
And here we see the proposed roundabout configuration. The project will include new sidewalks, curb and gutter median islands landscaping stormwater improvements lighting signage retaining wall and fencing And here we see a representative visual simulation facing north. Proposed landscaping includes dark sky compliant fixtures. Landscaping would include a mix of native and Mediterranean plant species, and hardscape would include natural materials such as Santa Barbara sandstone.
And here we see a representative visual simulation facing west. The need for improvements to the Olive Mill intersection has been long known. In 1992, the Montecito Community Plan identified that the level of service at the intersection was unacceptable. Between 2013 and 2017 public works studied different intersection improvement options and identified a roundabout as the preferred option.
In 2017, the EIR for the Highway 101 HOV widening project identified a roundabout at San Ysidro as a mitigation option for intersection impacts from the highway widening project. Then in 2019, the County Board of Supervisors adopted a local coastal plan policy requiring implementation of the roundabout. And finally on June 10th 2020, the Montecito Planning Commission approved the roundabout which was subsequently appealed The project is consistent with all applicable requirements of the Article 2 Coastal Zoning Ordinance, Montecito Community Plan and the Coastal Land Use Plan. More specifically, the project installs a roundabout per coastal policy 7-32, improves the intersection level service, improves pedestrian and bike circulation, and has been designed with the character of the surrounding community.
Environmental review for the project was completed through an addendum to the Highway 101 EIR. The addendum found that there would be no new significant effects as a result of the proposed project and that there would be no substantial increase in the severity of previously identified significant effects. In addition, conditions of approval require the preparation of mitigation compliance monitoring and reporting plan which would ensure implementation of mitigation measures.
Therefore, no new EIR is required and the addendum is the appropriate environmental review for the project. I will now move on to a discussion of the appeal issues. The appellant contends that the project is not in compliance with coastal policies requiring minimization of vehicle miles traveled, or VMTs. However, as supported by guidance from the State Office of Planning and Research, roundabout projects such as the proposed roundabout do not result in a measurable increase in VMTs.
The roundabout will more efficiently accommodate existing traffic but will not generate new traffic itself. In addition, the proposed project includes pedestrian and bicycle improvements which are expected to help reduce VMTs by encouraging use of alternative transportation. Therefore the project will minimize VMTs consistent with coastal policies. The appellant contends that the project violates a number of CEQA sections pertaining to EIRs and alternatives, that alternatives should be evaluated in the Project Environmental Review, and that greenhouse gas emissions must be evaluated per CEQAs.
However, the CEQA section cited by the appellant pertain to EIRs and environmental review for the project was completed under an addendum not an EIR. The EIR that the addendum tiers from was already certified and is not now subject to review. And an alternatives analysis is not required in an addendum. Nonetheless, Public Works did consider a number of alternative intersection improvement options but none of these alternatives successfully improved operations at the intersection while the roundabout did.
Finally, greenhouse gas emissions were analyzed in the addendum. The addendum found that the roundabout would not increase vehicle trips, would reduce vehicle stops and starts, it would not increase emissions beyond those previously analyzed. Therefore environmental review was appropriately completed for the proposed project The appellant contends that CEQA section 15064.3 does not apply, that the roundabout is VMT inducing and subject to VMT impact analysis and that the purpose of the project is to handle increased traffic volume from the Highway 101 HOB project.
CEQA Section 15064.3 states, transportation projects that reduce or have no impact on vehicle miles traveled should be presumed to cause a less than significant transportation impact. As discussed previously the project will not measurably increase VMTs and includes components that support VMT reduction. The sole purpose of the roundabout is not to accommodate traffic generated by the Highway 101 improvements. While the roundabout project will help mitigate intersection impacts created by the Highway 101 Project, intersection improvements at this location are independently needed.
The intersection is at a failing level of service and improvements to the intersection have been contemplated since the 1992 Montecito Community Plan. Applicable policies indicate that the intersection shop should operate at level of service B or C rather than the current level of service F. The roundabout is needed in order to meet these policy requirements independent of the Highway 101 project.
The appellant contends that the project approval violated a number of additional CEQA sections that we have not previously discussed. However, no substantiation was provided for these CEQAs sections in addition as previously discussed the environmental review for the project was appropriately completed through an addendum therefore staff recommends that you deny the appeal Thank you, Ms. Liu.
5:33 – 5:437 turns
Are there questions for staff? Next we'll go to the appellant. So Mr. Becker, you have 10 minutes.
Can you hear me? Yes, we can. Thank you. Good, thank you. How much time will I have for my presentation Greg? You have ten minutes, Mr. Becker.
That's it. How much time do I have for rebuttal? You will have five more minutes after that.
So I have 10 for presentation, five for rebuttal.
That is correct.
Thank you. Throughout this entire process, I attempted to engage with staff and discuss my alternative. Staff refused to communicate. County Council offered to facilitate a meeting for both appeals. I accepted all offers For I accepted all offers from County Council without any preconditions. Staff refused all offers. I was informed by staff in June that there was no option for me to bypass the local appeal process and take my appeal directly to the Coastal Commission.
I have that email from staff last month, I found out that staff's information was false. It should be mandatory that applicants and appellants appear at a meeting facilitated by county council. And the meeting take place early in the process before any significant government employee time has been expended on the process. I'd like to submit three supporting documents that you are actually in possession of, but these are the documents that support my alternative plan that I submitted many, many years ago.
First, this one. I don't know you'd probably backwards. Title transportation analysis updates in Santa Barbara County approved by you on July 2020. The second one is this one which you probably backwards. Technical advisory on evaluating transportation impacts and CEQA prepared by the governor's office of planning and research April 2018. And this one Transportation analysis under CEQA first edition prepared by the California Department of Transportation, September 2020.
All three of those supporting documents contain the technical information that I had available to me when I prepared my alternative back in 2017 and was used to prepare that alternative. Thank you. I have a bullet point. Can you please go to page number one, please? Thank you. I'm just going to read this. California Coastal Act Section 302534 was enacted in 2007.
California Coastal Act Section 302534 and County Land Use Plan 3.11.1 both read quote new development shall minimize energy consumption and vehicle miles traveled California Public Resources Code 21174 states the Coastal Act controls when there is a conflict between the Coastal Act and CEQA. Therefore, Coastal Acts Section 302534 in County Land Use Plan 3.11.1 supersedes CEQAs rules and guidelines when determining the level of VMT impacts allowed for this project.
County staff appears to be claiming that the project is only required to meet CEQA guidelines, so a substantial VMT increase. The Coastal Act in the county land use plan supersedes that CEQA guideline. The Land Use Plan and Coastal Act necessitates the county analyze and identify the project or project alternative that provides the greatest minimization of VMT and energy consumption impact.
Page two, please. In 2017 a revised EIR for the Highway 101 HOV project was prepared to determine impacts of the VMT inducing HOV project on intersections in the area of the HOV project. The proposed roundabout project was identified as a mitigation for the increased VMT induced into the project intersection by the addition of HOV lanes An alternative to the HOV, my alternative, an alternative to the HOV and Roundabout Construction Project was submitted during the draft phase of the HOB project revised EIR.
That alternative proposed instituting planning and development policies that would reduce VMT on Highway 101 and into the project intersection. That alternative was based on guidelines that were then being developed for the implementation of SB 743 That alternative would reduce VMT by at least 15% into the project intersection and maintain that intersection.
And this is important now, the proposed project will not reduce VMT and would allow VMT to increase for the purposes of determining compliance with the county land use plan in the Coastal Act The county was asked in a timely manner to prepare a comparative analysis of the VMT reducing alternative and the proposed project. Compliance with the County Land Use Plan and Coastal Act would necessitate county identify which project or project alternative provides the greatest minimization of VMT and energy consumption.
The county refused repeated requests for that analysis Instead, staff appears to be claiming that CEQA guidelines showing no substantial VMT increase is all that is required and CEQA guidelines supersede the County Land Use Plan and Coastal Act. There are three substantial issues here. One, the county appears to be claiming CEQA controls of Coastal Act in the county's land use plan.
Public Resources Code 21174 states The Coastal Act and the county's land use plan control CEQA. County staff ignored repeated requests to participate in meetings to discuss the submitted alternative. Three, compliance with county land use plan and the Coastal Act necessitates that county prepare a comparative analysis for the submitted VMT reducing alternative and the proposed project. That comparative analysis should identify the project or alternative that achieves the greatest minimization of VMT and energy consumption. It looks like I have four minutes left, or thereabouts.
So I will use up my 10 minutes. Going back if you could put up the staff report that's the page that says appeal issue three. If you could do that for me please? Now appeal issue three, that page says you haven't put it up yet. It says that the um it's not required that an alternative analysis be performed right over here um well wrong page it's okay anyway one of your appeal issues there is that they claim that an alternative analysis I don't know if that's a good question. I'm not going to really claim or say why it's not required. I understand the thing about the, um, the sequel issue of not being significant. Is that it? Is that all they're claiming is the requirement that it's an analysis is not required. If they had just sat down with me six months ago or five months ago and answered If I had known that fact back then, I didn't.
Well anyway and let's see policy 7.32 overrides. I don't know. I don't think it does. I think it overrides anything. And here's the strangest thing they said the roundabout is in no way connected to the HOV project. It has completely independent project It's not connected. It's a standalone project, but yet they continue to admit it's mandatory for the HOV project. I don't see how in a development that's physically connected to the HOV project and is mandatory for the HOB product. I don't see how that could be completely independent of the HOV project now. I don't have time left. I've only got like a few minutes I submitted quite a lot of documents that I could probably spend another half hour talking about, but I don't have time. So excuse me if I've left some things out, but I think I've submitted a sufficient amount of documents to cover pretty much everything that if my appeal is denied, I would take to the Coastal Commission and I think I'm done and I will yield the balance of my time for rebuttal.
Thank you.
Next up is the project applicant, which is Santa Barbara County Public Works. Mr. Sneddon.
5:43 – 5:512 turns
Good afternoon. Chris Sneddon, County Public Works. I also have Walter Rubalcava who's our design section manager and the project manager for this project as well. I think Miss Lou did a great job of elaborating on the technical reasons why we believe this appeal should be denied. I wanted to approach it from a little bit more of a holistic, kind of a 30,000 foot view to provide some context of the purpose of this project both for looking at the appeal but also looking at some conditions that we are requesting that your board take a look at maybe making some minor modifications too.
Thank you. So the next slide please. Oh, I can do that? Sorry. So again looking at the project goals there are three main goals of this project one to improve circulation right that's what came out of all the plans going back to the 1992 community plan and all the subsequent studies have indicated and this intersection has been failing since 1992 it's not getting any better and it's not gonna be better in the future it needs to be addressed The two other goals that were important goals of this project were to create safe access for all modes of transportation through this intersection. So you can see that the plan has robust pedestrian facilities as well as bicycle facilities for all comfort levels in it and then a third really important goal is project was to create a neighborhood feel for this area So we want to make sure that the freeway traffic stays on the freeway.
We want to make sure that the arterial crosstown traffic stays on the frontage road on North Jameson and leave the residential neighborhood roads for people who are coming and going to their houses. The other thing we wanted to do is give it that neighborhood feel of a semi-rural area as one of the gateways to Montecito, so those were the goals for the project as we went about putting the project together.
And I won't go through all the environmental because again, I think Ms. Liu did a good job of going through all of the studies that were completed as part of this project, full CEQA analysis. There's thousands of pages of documents between the freeway and the studies that were done for this project that find that there's no significant impacts. In addition, the Montecito Planning Commission did approve the environmental for the project And then just speaking specifically to the alternative study, we did for this project what was called an intersection control evaluation. We actually did one of the more robust ones I've ever seen looking at all the different potential options for improving operations at this interchange and so there was a very robust study done that determined that this is the preferred option for mitigating congestion issues here Looking at vehicle miles traveled specifically as Ms.
Liu indicated this project is exempt both in timing because it was done before July, the environmental was done before July 1st but also if you look at state guidance from OPR Office of Planning and Research your board's action in September, both of those have identified roundabouts as exempt projects from VMT analysis due to the fact that there are not VMT generating projects. On top of all of that this project already has incorporated into it what would be mitigations for if there was VMT analysis done and it was found impact the types of mitigation do you include in projects like that is multimodal type improvements so This project already has BMT reducing elements baked into the project anyway.
Looking at the requested condition modification. So again, going back to the goals for this project in creating a safe access for everybody through this intersection improving circulation and also bringing back the neighborhood feel there's a few conditions we would like your board to take a look at and we submitted a letter dated November 5th that enumerates the five conditions that were hoping And they fall under 2 kind of main categories. The first is to respect the process of that this project went through it went through a unique multi-year process with dozens of community meetings and outreach meetings we put together a design review team of community members specifically for this project that met several times.
We had, the MBAR has already looked at the project and so some minor changes to these conditions would allow the process that we went through and all of the input we received from the community informing the aesthetics and some of the treatments on this project to remain in the project. The second thing that some of these requested condition changes fall under is recognizing that this isn't a private development. This is a public works project, it's for the public benefit and we're public stewards of this infrastructure so we need to build this project in keeping with We're looking at all the things that come along with building. Engineering design standards, local state and federal requirements for ADA access and all the things that come along with building traffic improvement project of secret circulation improvement project and a pedestrian enhancement bicycle enhancement projects are making sure it's the safest These are the 5 modifications or a summary of the 5 modifications as I said there in the letter that's included in the package so we would request that the board take a look at these clarifications and I'm happy to answer any questions on these but I'll just skip over them since you have them with in the letter.
In front of you and I and requests that the board approved the project subject to November 5th of 2020. Thank you.
Thank you, Mr. Sneddon. Are there any questions of staff? Supervisor Williams. So I think most of these are your attempt to stay in step with the spirit of the MPC recommendations but also to integrate them with the requirements So I'm I think I'm good with most of them, but I hate to take the board's time. But I think we're going to get a little bit of them.
The issue of undergrounding is kind of a big deal in the community. I know you're, if feasible as an attempt to try to address that it's ultimately up to SCE. So, does the change in condition change How we would approach SCE one way or another. We're going to ask SCE to underground it, correct?
5:51 – 6:0015 turns
Supervisor Williams to the chair. Thank you and that's a good question we did rather than just request that these conditions be removed, we did try and stay true to what the intentions were of the Montecito Planning Commission as well as what we said to them at the meetings I think where we're trying to be consistent with with what It won't change anything in regards to how we pursue the project. We will still do everything we can to get them undergrounded, to get that pole undergrounded that's on the west. It just recognizes the fact that we don't have powers to control PUC for example if they say that if Edison tells us it's infeasible they have protections against us forcing them to do it. It just recognizes that
And you're one on 22. The wood signs, you're still going to use street signs would the question is that you can't put safety signs in the same way they kind of follow the the design book right.
Supervisor Williams to the chair. Yes, that's correct and I actually think that was the intention of the condition this is just a clarification on that
So I think the only one of yours that I would change the language of is 19, which is just instead of saying adding significantly reduce. I would just add the language of that you shall not reduce present view corridors and add the language instead We're not going to be able to
Supervisor Williams for the chair that so that that would address one of the 2 things which is the engineering design standards there was. The design working group actually came up with a mounded interior to the roundabout with some plantings and stuff and things excuse me. That would still be removed at the condition has written that way, but that's still acceptable to us it works from a you know engineering
Supervisor Hartman.
Thank you. Usually when there's an appeal, it's two private parties and we encourage mediation. This is the first I think where it's been the county itself. Do we have a policy on mediation or is there a reason why we didn't meet with Mr. Becker ahead of time?
Supervisor Hartman through the chair. As I mentioned, we did a very robust intersection control evaluation. We worked with leading experts in interchange evaluations for operational improvements. We have requirements by county policy to improve the level of service at this interchange to a level of service We're going to be looking at how we can make this project. See or better through that process through our partners with us because again the state and all of we spent you know the last 5 years going over the lowest impact way to affect the changes that are needed as interchange and we are highly confident I think it's important to understand that designing or reevaluating new design processes would just add cost and time to the project and result in the same outcome.
Any other questions for staff? Is there any public comment on this item?
Chair Hart, members of the board we have no request
I'm sorry, Tom. Your I think your microphone is muted just one second and we'll get it going.
Can you hear me now?
Yes, we can. Thank you.
Okay good thank you number one staff is misleading you about the control intersection control evaluation staff never talked to me about my About my alternative they refuse to talk to me they refuse to answer emails For three years, your staff refused to talk to me about my alternative. And my alternative is not in that evaluation. So your staff is misleading you intentionally. They're trying to make you think that they talked to me? No, they never talked to me and I had the proof to show I was attempting to communicate with them on this.
Number two, my alternative would meet and exceed all the goals of this project and it wouldn't cost a penny to do it Not a penny. All bike and pedestrian projects can be built without a roundabout, all the ancillary projects they're referring to you don't need to build around about to improve bicycle and pedestrian safety. You don't need to do it. So you don't need to build around about to do that. You don't need to spend tens of millions of dollars and disrupt that entire community But a bike lane in or to make pedestrian improvement, that's silly that they would say.
All VMT reducing can be applied without a roundabout. They're talking about VMT reducing projects. Every single VMT reducing project that they're talking about can be implemented without building around about you don't need to build the freaking you'll need to build around about And have you ever stopped to consider the devastating impacts that this construction project is going to have on the people in that area?
The property owners, the business owners. The business owners are already basically at the end of their ropes and this construction project will wipe out probably half the businesses on Coast Village Road, throw hundreds of people out of work My project, no construction required. No money required. All you have to do is implement good planning and development strategies throughout the county to reduce VMT.
If this appeal is denied, the Coastal Commission will be asked to set precedent on two issues. One Will the commission change its own stringent definition of the word minimize and replace it with the county's definition, which degrades the environmental protections provided by the current Coastal Act definition to minimize. Number two, will the commission reject an alternative which is based on SB 743 in favor massive construction projects that sharply increase or At the least, fail to reduce VMT and energy consumption. Your own people just said they admit it that this project isn't... The roundabout itself, the traffic part of this project, motor vehicle traffic project will not reduce VMT or energy consumption. They already admit that.
They said they can't show any measurable increase but they also admit they can't show any measurable decrease My project, my alternative decreases VMT by 15%, maintains that decrease doesn't cost a penny and will not disrupt that community with a massive project. One more thing what are you guys going to do when Segment 4D comes before you which is an HOV project Which under every rule in the state of California is a VMD-inducing project, which will absolutely devastate and destroy your own coastal plan and the Coastal Act's requirement to reduce VMT. I'm just wondering what are you going to do when segment 4D comes before you? And a year from now, I'll challenge that. You won't be able to claim it's around about because they're HOV lanes and HOV lanes are considered by the state of California to be definitely DMT inducing.
That's the end of my presentation. Thank you very much for listening. And I'd like to thank Nicole for all her help what she gave me which sometimes wasn't all that great but thank you Nicole anyway. And
I'm done. Thank you. Thank you, Mr Becker. This is time for staff comments.
6:01 – 6:0816 turns
Oh excuse me, I'm sorry we both from the applicant. Mr Snedd.
Chair Hart, I don't think we have anything to add. Thank
Oh, Mr. Chair I was just going to mention that we do have the strikeout set of conditions that would allow the board to be able to read exactly what it is they would be approving and allow the public to see it as well and when you're ready for that will go ahead and post that and then Ms. Liu had one correction she wanted to make
Chair and members of the board, just one small thing. Mr. Becker had mentioned that he could perhaps appeal the project directly to the Coastal Commission bypass the Board of Supervisors but the requirement is that local appeal options be exhausted before going to the Coastal Commission and other than that I'm happy to answer any questions you have and we do have the conditions each of them separately on a slide These are the ones requested by public works and as planning staff. We don't have issue with their requested changes Thank you.
Thank you miss Lou the matter is to the board Excuse me,
Mr.. Ghazali we had something else
Chair and supervisors just to piggyback on those comments, and that would be that if the board wants to approve The project as revised by these slides that could be incorporated into the motion at 4b and 4d And we would have been planning in County Council are prepared to help you with that or you could indicate any of those that you don't wish To include as revisions
Okay supervisor Williams Just want a little bit more detail on your suggested revisions and my suggested revisions to your revisions. You're saying that they would address the required design specs, but at stake would be essentially the raised mound and tree or just the raised mound that the MBAR was recommending?
Supervisor Williams to the chair. Can you give me more
detail on that?
Sure, sure yeah so there's requirements like a wall around the center median and signs at direct traffic and things like that those are engineering requirements the suggestion you made would definitely address those and we would be fine with The original design or the design that the MBAR tentatively approved had a mounded up earth mound in the middle to add dimension and some of bigger trees that were growing in the middle. That may or may not end up blocking, there's a very far distant very small view of the ocean that could be blocked by that eventually.
So that would bind that a little
bit.
Right, but I believe that the initial conversations that we've had with the landscape designer and with MBAR is that we could accommodate for example the change that you suggested and still come up with a quality project that would represent what people would like to see out there so I think it's probably fine
So we could still integrate the tree with the language that I provide.
Yeah, they can kind of move them around or and lower the mound and things like that.
OK, but then then I still I'm OK with all of the changes that Mr. Sneddon is requesting. I understand why he's making them and I think they work to try to do it within the spirit of the MPC's decision With the exception of this one which I just changed, shall not reduce the present view corridors except as required by the design standards. And then still it's fine to still strike the photographs.
On the appeal itself, I'll just tell you This project began as among the more unpopular projects in the neighborhood. There's really no, you know at least as of a couple years ago there was really no political reason to support this project. It was such a lightning rod. But I do feel very strongly it is required by my ethics and the purpose of this office to be concerned about people's long-term future, whether or not it's popular.
And maybe my opinion is somewhat affected by the fact that Soccer ball kick away from the one on one project for my entirety of my time in office as a supervisor. And I think that in some cases people don't realize the storm that will eventually come as part of the project and without this Roundabout, a bad traffic situation will get a whole lot worse. And in my view it's really important that that happen early enough that we have a fighting chance to have this project built before the widening moves through or at very least concurrent with it in order to mitigate The impact of the widening on the neighborhood and community.
And I do think that the project as because of the careful work by MBAR, the MPC and my staff though project has a lot more supporters than it had a couple years ago. It is because this design is more in step with the community. It's more sensitive to the wishes of the community and I think so, you know everybody involved really they may have tussled it may have taken a lot of time but the product is better for it and I would also Remind the community that this started off as a community inspired idea originally coming out of the Montecito MA's Transportation Committee.
6:08 – 6:1331 turns
Mr. Chair yes, I think it would be advisable for us to walk through each slide before the board takes action So whenever you're ready for that just let us know
on this point just a question. I thought that there was a conflict between the mound protecting motorists on the other side of the roundabout from the headlights of the other cars and and the tension between a long distance view. And is that then resolved? And does the new condition solve that problem?
So Chair Hart, you would have a little less blocking of the light through. We'll still have the wall around and a lot of visual cues at the roundabouts there. So the mound is sort of an enhancement but not a requirement of that
So with the mound, you would not see the headlights. Without the mound, you will see the headlights.
Sure. Are you? I think they'll be like that. It kind of depends on how hard it is like that but there'll be plenty of visual cues for people so they don't go through or whatever but it won't be as
blocked. Shall we go through the conditions then? Super.
Chair Hart and Supervisors, so on the screen now is changes to Condition 19 which is a combination of what Public Works requested and what Supervisor Williams requested. I'm happy to modify the language further if you wish. This is the requested changes to the next condition Requested changes to condition 22. Maybe
a little slower.
And these all match what was in the letter submitted by Public Works in advance of the hearing.
OK, last one yes thank you.
All right, Mr. Kazani?
And Chair and Supervisors if the Board wanted to incorporate those five PowerPoint slides then my recommendation would be to move staff's recommendations except that Recommendation B would read make the required findings for approval of the project as revised by Planning and Development's five PowerPoint slides titled San Ysidro Revised Conditions and Recommended Action D would be Grant DeNovo Approval of the Project Case Numbers Also as revised by Planning and Development's five PowerPoint slides titled San Ysidro Revised Condition Subject to the Conditions of Approval.
Okay, thank you. All right, the matter is to the Board. Is there a motion? Is there any public comment? No. I will move denial of the appeal and acceptance of the revised conditions with the exception of 19. And the 19 would read, highest area of the roundabouts including the planting shall not reduce the present view corridors except as required by design standards.
If it turned out to be a problem with the headlights, could this condition prevent plants from being grown to solve that problem?
Well as written we would make any modifications needed to match design standards. I think what we're going to end up doing and I can see why this is confusing In a certain spot, if you look way down the road, you can see the ocean as a small blue dot. There will still be a mound but we'll just have to kind of massage it around that zone there and you know...
Oh I see, it's a very specific part? It's a
very specific corridor that we'll have to maintain but we can still kind of work around it.
Okay, I understand now thank you. All right motion has been made is there a second?
Second.
Motion is made and seconded. Any discussion? Madam Clerk, would you please call the roll?
Mr. Williams?
Aye.
Ms. Hartman? Aye. Mr. Adams?
Was that Adams?
Correct. Mr. Adams? Aye! Mr. Lavinino?
Aye
And Chair Hart?
Aye
Motion passes unanimously
That concludes this item. Thank you very much.
The next item is departmental item number five, kind of a replay just in case we didn't get exactly right. We'll really get it fixed up this time.
The next item is departmental item number five. Madam Clerk could you please read that item into the record?
6:13 – 6:2119 turns
Chair Hart and members of the board, departmental item number five is from planning and development. It is a hearing to consider recommendations regarding a Becker appeal of the Montecito Planning Commission approval of the Olive Mill roundabout project case number 20 APL 25 and this is in the first district.
And now we'll call for ex parte communication I think
And Mr. Chair, if I could, I'd like to introduce before the expert day communications the same communication we received from Mr. Becker which was we received a communication at the Office of County Council on Monday morning for Mr. Becker notifying county council of an intent to file a Brown Act complaint one of our staff attorneys contacted Mr. Becker and asked if he would provide the specificity required I'm going to start by saying that the allegations were not brought forward by the Brown act of what the allegation was and from it sounds more like Mister Becker had concerns about potential ex parte.
Disclosure standard in this area is to disclose any the content of any ex parte communications in sufficient detail that in this case. Mr Becker would have the opportunity to challenge that evidence or offer argument about those communications And I'd ask you to keep that in mind as you make your expert a community disclosures.
I'll ask the board for any expert a communications supervisor Williams So to and In this case, only one Planning Commissioner which is Charles and I have spoken with Mr. Sneddon just about the requests changes in the conditions. I believe I may have a number of years ago talked to members of the Coast Village Association And I spoke yesterday with Mr. McAulpin and we talked about the street lights that were proposed for this roundabout.
Any other ex parte communications? Okay, well if
not... None from me.
Okay. And none from Santa Maria as well. All right so the next thing is the staff presentation. Ms. Liu again. Oh excuse me Madam Clerk. We have a letter to read into the record. That's right.
Chair Hart and members of the board, yes thank you. As noted by County Council Mike Gazzone and previously voted on in departmental item number four if we can please get a motion to approve the letter received by the clerk of the board on Monday November 16th 2020 at 505 p.m., this is the same letter that was previously voted on. If we can get a motion to approve this to be added to the record for departmental item number five?
Is there a motion to include the letter in the record?
So moved
Is there a second? I'll second. Motion has been made and seconded. Any discussion? Madam Clerk, could you please call the roll?
Mr. Williams?
Aye.
Ms. Hartman? Aye. Mr. Adams?
Aye
Mr. Lavinino?
Aye
Chair Hart? Aye Motion passes unanimously.
Thank you, Chair Hart and Supervisors. I will be presenting the Becker Appeal of the MPC Approval of the Olive Mill Roundabout. There is some overlap on issues with this so I will try and keep it brief. This slide shows the existing condition at the intersection which is a six-legged stop controlled intersection at Coast Village Road North Jameson Lane, Olive Mill Road and Highway 101 Here we see a slide with the proposed roundabout. The intersection would be reconfigured into a roundabout and would include new sidewalks, landscaping, lighting, signage and drainage facilities.
The project is located within both city and county jurisdiction with the jurisdictional boundary shown on this slide. Your action today pertains only to the portion within the county Proposed lighting would be dark sky compliant fixtures. Landscaping would include a mix of native and Mediterranean plant species, and the hardscape would include natural materials such as Santa Barbara sandstone As with the prior roundabout, the need for improvements to this intersection goes back to the Montecito Community Plan and has been considered by Public Works over a long period of time.
This is the same as with the prior roundabout. With this project there was also a joint city and county working group. And joint MBAR and City ABR meetings in 2019 and 2020 to come up with the final proposed design. And then on September 16th, 2020, the Montecito Planning Commission approved the roundabout. As discussed in the staff report and for the same reasons in my prior presentation, the project is consistent with all applicable requirements of the Article 2 Coastal Zoning Ordinance, Montecito Community Plan, and Coastal Land Use Plan.
Environmental review for this project was completed through an addendum to the Highway 101 EIR. The addendum addresses all issue areas covered in the EIR and found that there would be no new significant effect as a result of the proposed project, and that there would be no substantial increase in the severity of previously identified significant effects. In addition, conditions of approval require the preparation of a mitigation monitoring compliance and reporting plan which would ensure implementation of mitigation measures. Therefore pursuant to CEQA section 15162 no ER is required for the project.
An addendum is the appropriate environmental review. I will now move on to the appeal issues. The appellant contends that the project is not in compliance with coastal policies requiring minimization of vehicle miles traveled or VMTs, however it's supported by guidance by the State Office of Planning and Research roundabout projects such as the proposed roundabout do not result in measurable increase in VMTs. The roundabout will more efficiently accommodate existing traffic but will not generate new traffic.
In addition, as with the prior roundabout this roundabout includes pedestrian and bicycle improvements which are expected to help reduce VMTs by encouraging the use of alternative transportation. Therefore the project will minimize VMTs consistent with coastal policy The appellant contends that VMTs and project alternatives should be evaluated in the environmental review.
However, as previously discussed state guidance indicates that VMT analysis is not required for roundabouts because it is acknowledged that they do not measurably increase VMTs. Further the EIR that the addendum tiers from was certified prior to July 2020, July 1st 2020. The point at which VMT analysis became required for VMT inducing projects regarding alternatives and alternatives analysis is not required for environmental review completed with an addendum But Public Works did consider a large range of alternatives for the intersection and none of these alternatives successfully improved operations at the intersection while the roundabout did. In summary, the environmental review and policy analysis for the project was appropriate.
Staff recommends that you deny the appeal, make the required findings for approval including CEQA findings. That after considering the July 2020 addendum to the previously certified EIR dated August 26th 2014, the revised EIR dated October 27th 2017 and the EIR addendum dated June 1st 2018 determine that no subsequent EIR or ND shall be prepared for this project and that you grant de novo approval of the project subject to the conditions That will conclude staff's presentation.
Thank you, Miss Lou. We'll now go to the appellant Mr Becker. You have 10 minutes.
6:21 – 6:294 turns
Can you hear me? I can
thank you.
Sorry, I was on mute. I was muted. Okay. All right. So anyway, this is the repeat of the last one issues are identical most of them. I mean, you know to the point that it's doesn't require me to go through this presentation again. I'm just going to allow this to be in a Dodge has entered into the record for this appeal And also my supporting documents. I don't need to go through that. I'm just going to request that they be acknowledged as being entered into the record for this appeal, as well.
I'd like to say something. We're dealing with two roundabouts that are a mile apart. I got a little confused on the last one. The impact for San Ysidro, if I can go back, that impact is going to be for the Upper Village. This impact for the Olive Mill is going to be along Coast Village and at that intersection of Coast Village and Olive Mill. And the upper village is gonna be impacted with San Ysidro, but the businesses and the people who live in that intersection area, property owners, the businesses, the people who rent or lease properties to live in they are going to be severely impacted by the construction of this project Um, my guess would be about half the businesses on Coast Village Road are probably not going to survive. The construction of this project when you combine the impact of the China virus with with this And you know, I just see your staff being too concerned about that.
I've been through construction projects before. I've been through the construction on the on-ramps or off ramps right there at Indio Morito which is now going to be called something else. I was actually involved in the project at 315 Chapala you talked about earlier. That impacts me. So I know the devastating impact that these things can have on businesses The businesses, half of them are going to be gone.
And I feel sorry for them and you know what? There's the county in the state nobody is going to give those people any help at all because I found out that in a situation like this, the government really don't help businesses that are just gonna get wiped out. They'll throw you a bone but other than that Not much. Property owners at this intersection are going to have their property severely impacted, the point of in some cases being unusable. I know that John Price's property.
MTD is gonna block off a driveway or something like that? And then think about all his tenants that are gonna have to undergo the noise and the dirt and everything from this construction project unless people were paying a pretty penny to live in that place and rent for businesses You've never considered the impacts to the people for these projects. My alternative is a zero construction alternative, it reduces VMT way beyond what anything this construction project would do. It costs no money at all and there will be no construction impacts In fact, it's better because actually instead of trying to fix something through a construction project. We're trying to fix something by getting people to drive less which will reduce accidents save the people money on wear and tear on their car in gasoline and just that they don't sit in a freaking car for ever they can get home to their friends and their family and their loved ones If they live closer to where they work or work closer to where they live.
That's my whole idea and I've been saying it for three years plus the same for almost four now, your staff never ever once talked to me about my alternative zero. And I have the emails that show that in the letter showing that I asked to sit down and talk to them zero times That should tell you something about how your staff approaches situations like this.
They didn't sit down with me when your county council requested a facilitation, I was willing three times. I told Jenna Richardson, I will sit down without preconditions with staff and maybe we can resolve our differences without expenditure of taxpayer money. No, did your staff just shut me out? And I'd like to say something now about what Nicole Lou said. Nicole Lou said, quote that or not quote but she said, I had no option of being able to get around the local process and going straight to the Coastal Commission. That's false, Nicole you know it because you know Nicole, you know I could have taken my request directly to the Coastal Commission and asked any two of those coastal commissioners to appeal this project. You know that Nicole, it's right there in the Coastal Act.
Now I didn't discover this until October but Nicole you're a staffer, you're a planner and you know that and you withheld that information from me. And I don't know maybe you're just not knowing the law? You didn't even know it at the time at least you didn't tell me. I could have gone directly to the coastal commission and gotten two coastal commissioners take up my appeal If any two of them would have agreed to it, I could have bypassed this process entirely. Save the taxpayers, I don't know how many thousands of dollars and all the time we wouldn't be here today if Nicole had just been honest with me about that.
Anyway they're talking about money, all the money for these two projects tens of millions of dollars. I work on farm equipment up in San Ynez and Santa Maria Valley Some of the roads I have to drive down to get to my customers vineyards. Do, I don't know why Mr. Adam and Mr. Lagunino sit there like stone statues and not even raise any concern at all about how this money could have been spent or could be spent on repairing the absolutely atrocious agricultural roads that exist up there that are absolutely Disgraceful, but yet they sit there like stone statues. Especially Mr. Adam. Mr. Adam I supported Measure M.
I wanted us to fix the roads first. This project this can be fixed this issue at this intersection the VMT and level of service could be fixed without any money being spent and that money could have gone up to Lompoc area Santa Maria Valley, Lompoc Valley, San Ynez Valley Down to my customers roads, so they don't have to pound the crap out of their cars and trucks. They get in and out of their vineyards or their ranches and farms this morning. And that's the reason why I got dirt all on my hands had to go out into the middle of a vineyard to fix a tractor now that road which is Roblar is it? They just did some work on it but boy there are other roads in that area that you're asking for trouble if you let those I'm going to wrap it up now. Thank you all for listening to me.
And I will listen to what the other side has to say and then I will have my five-minute rebuttal. Thank you.
Thank You, Mr. Becker now we'll go to Mr. Stanton.
6:29 – 6:373 turns
Chair Hart as Nicole mentioned this is a multi-jurisdictional project and our partners at the city will be presenting as our co-applicant. We have Laura Yanez I think is available to do a presentation She's the project manager for City of Santa Barbara and they're taking the lead on Olive Mill Roundabout.
Thank you, Mr. Sneddon. Good afternoon Chair Hart and Supervisors I'm here today to give you a brief overview of the Olive Mill Roundabout Project. I'll start with some background address the appeal and minor changes to the conditions of approval The intersection splits jurisdiction between the City of Santa Barbara and the unincorporated County of Santa Barbara, and also contains Caltrans right away in the southeast quadrant.
This slide shows not only the jurisdictional boundaries but also the agencies involved in the project. Next slide please. The Olive Mill Coast Village Road Jamison Lane intersection has a long history dating back to the mid-90s forecasting the need for intersection improvements to be consistent with the City and County's intersection level of service thresholds.
The intersection went under further analysis during the Highway 101 Widening Project's environmental review process, specifically Segment 4D of the 101 widening located between Olive Mill Road and Romero Creek Bridge, would not function in the future without traffic control changes to the project intersection. An intersection control evaluation was done for the project intersection and was approved back in 2016.
The report concluded that the roundabout was the only long-term solution that worked at the intersection. All of this analysis was documented in the certified 101 HOV widening project EIR in 2017 Including a mitigation plan that states, a single lane roundabout should be located at the Olive Mill intersection. Both the City Planning Commission and Montecito Planning Commission approved the EIR in 2017.
And while the project is a mitigation requirement to the 101 widening project EIR I do want to spend some time addressing the appellant's concerns regarding vehicle miles traveled. The city reviewed the project based on CEQA 2020 statute and guidelines where VMT became effective on July 1st, 2020. The city was the designated lead for CEQA for the project. In addition both State Coastal Act and County and City coastal land use plans were considered with respect to minimizing vehicle miles traveled In the appeal, the appellant states that the project failed to minimize vehicle miles traveled per Coastal Act Section 30253-4 and County Coastal Land Use Plan 3.11.1.
From a CEQA standpoint, the State Office of Planning and Research provides technical guidance for evaluating VMT for land development and transportation projects. Roundabouts are under the list of projects that would not lead to substantial or measurable increases to vehicle miles traveled and therefore not result in a transportation impact because the roundabout does not result in additional roadway capacity.
Thus, roundabout projects are not required to go to the next step of induced travel analysis. And now from a policy standpoint, the project is consistent with State Coastal Act as well as county and city coastal land use plan policies minimizing VMT as the project. As the project does not result in additional lane capacity proposed so again no transportation impact from a CEQA standpoint and the project also improves the existing intersection Given that roundabouts reduce delay in idling and require less energy consumption.
The proposed roundabout also accommodates pedestrians and cyclists, improving mobility alternatives to driving further reducing the demand for greenhouse gas consumption. Next slide please. The project design improves vehicle level of service as well as pedestrian And bicycle safety and circulation. The city, county and Caltrans have worked closely together with the working groups, the architectural board of review with the city, the Montecito Board of Architectural Review as well as the City Planning Commission and Montecito Planning Commission.
Through numerous meetings to determine how the intersection can be enhanced aesthetically, given that it is a gateway to Santa Barbara and the coast village road business corridor. We're able to design the projects solely within this. The public right away and work closely with project stakeholders. To ensure that we can mitigate some of the construction impacts, as well as will be available post-project completion when the roundabout becomes operational.
The roundabout has received positive comments from the ABR and MBAR to date and received unanimous approvals on the coastal development permit and development plan. From the City Planning Commission and Montecito Planning Commission. Next slide please with respect to the approvals from the Montecito Planning Commission, Coastal Development Plan. We had some minor modifications similar to the last project, to six of the conditions. Those conditions are outlined here.
I'm also happy to address any questions regarding these changes. The changes are meant to maintain the intent of the Montecito Planning Commission's desires but allow for more efficient use or efficient delivery of the project and some flexibility in order to incorporate engineering standards. Next slide, please. To conclude the roundabout project was evaluated for VMT.
The roundabout project will not result in additional vehicle miles traveled as there is no additional lane capacity proposed with a single-lane roundabout. Roundabouts require less energy consumption than signalized intersections as they reduce delay and idling And the project also accommodates active mobility options for walking and biking. We request that the board denies the appeal and approves a project per the modified conditions of approval. That concludes my presentation, thank you.
And I'd like to add that Jessica Grant, Supervising Planner as well as Derek Bailey, Principal Traffic Engineer are also available for questions as well as county staff who we've been working with along the way.
Thank you, Ms. Yanez for the presentation. Are there any questions from the board? Or is there any public comments on this item?
6:37 – 6:454 turns
Chair Hart and members of the board yes, we have one request to speak on this item and that is Roger Brittner. Roger?
Yes, good afternoon Mr. Chairman and supervisors my name is Roger Rittner as I mentioned this morning my comments don't relate directly to the appeal however I want the supervisors to be aware of serious negative effects the Olive Mill roundabout will have on my property. My wife and I own the property at 110 Olive Mill Road at the corner of Olive Mill and North Jamison Lane specifically We're very concerned about the design of the exit ramp from the roundabout to northbound Olive Mill.
Based on the current design plan, the exit ramp would utilize most if not all of the right-of-way that extends onto our property. That would confiscate as much as 10 to 12 feet of the entire frontage of the property. The design would destroy old growth oaks and pittosporums along North Jameson Lane and Olive Mill And these are the only source of shade to our property, both a visual and sound barrier from the traffic noise on Jamison Olive Mill, the intersection in the 101.
Our driveway rises from road level to a height of three feet within that right-of-way. The current design would flatten that section making entrance to our property impossible for any vehicles including emergency vehicles. The design would also in essence move our house In particular, the windows of the two front bedrooms closer to the noise and pollution of the streets.
Clearly, the current design severely degrades the livability and market value of our property. We believe that it is unacceptably damaging to us. Now we'd like to commend the county transportation staff including Chris Sneddon and Walter Rubalcava as well the city public works staff particularly Laura Yanez for their continued interest and engagement with us in addressing our concerns.
They have committed to a number of actions to address some of these impacts, and we look forward to continuing working with them as the project proceeds. However, the board should know that these proposed actions while appreciated only modify our property to adapt to the current design. They do nothing to alter the design to eliminate the problems We strongly urge the board to direct the county to develop an alternative for the current exit ramp location and design that would eliminate or at least minimize the impact to our property.
I thank you, and I'm happy to answer any questions you may have.
Thank you Mr. Rittner. That concludes public comments, and now we are to the rebuttal section again where the appellant has five minutes. Can you hear me? We can. Can you hear me?
Sorry, I keep forgetting how to mute myself. It's hard for me to mute myself. Anyway, what was I going to say? This issue I'm bringing up now is tangential to these roundabouts. That is segment 40 and 4E of the HOV project which have not even as far as I know there are no applications even submitted yet for the CDPs from those. Going back to this document, which is backwards to you guys, it's the technical advisory document that Nicole keeps referring to and everybody else that says our roundabouts are not subject to being analyzed for VMT impacts. Well, HOV projects are.
Not only are HOV projects subject to analysis of VMT impacts They are considered to be automatically assumed to be VMT inducing and automatically required to be an analysis as much as, as high as an EIR analysis. Not the city or your staff have addressed what they're going to do when 4D and 4E come up in the CDPs for those who are challenged Based upon this technical advisory report and your own land use plans saying that you've got to minimize VMT. They're not even addressing that, and these roundabouts are connected, physically connected right to those HOV projects.
It seems to me like you would want to get everything settled in all your permits in a row and done with Before you do anything else, and I've even told this to the California Transportation Commission. Don't fund this project until you have all the permits for this project. And I understand the reason why you chopped it up is to leverage funding, I get that.
Again your staff in the city staff has shown almost zero interest in the impact to the lives of the people that are going to be absolutely devastated by this transportation project. This isn't just some ordinary intersection, this is a major intersection where business commerce and people go through you shut that intersection off. This really, all the mill intersections, if you shut that one off you're gonna crash half the businesses on Coast Village Road. You're going to I don't know if it's fair to say that, but when you look at the number of people who live in that intersection. Cause horrendous impact on the people that live in that intersection. The one property owners. Your staff just like, yeah, they're like this. To the people that live there that own properties.
I wonder if your staff would be happy if we just took maybe 70% of their income. It just cut them and just show no sympathy or respect for doing it either. Just you're going to figure out how to feed your kids, pay your mortgage. Boom! There was a zero cost, zero construction alternative to this that your staff and city staff never even Talk to me about or are the other people and the other appeal. Zero communication, zero wanting to talk about an alternative that costs zero money would have zero impact on people's lives.
It was a beautiful idea it still is. And I just don't see staff setting a tier for the people that are going to be crushed. I think it's because your staff feels comfy in their nice cushy garment jobs And they know they're not going to lose anything. In the hell with the people in Coast Village, they're gonna lose their businesses, lose their jobs and go through hell living next to this project that could have been avoided if you just had at least studied my alternative or maybe figured out that it was actually a pretty good idea.
And I'm not gonna read the statement about precedent before the Coastal Commission again, we have the statement that was read in the last one and I will submit it again Thank you Mr. Becker next we'll go to the project applicant would that be Ms. Yanez? Thank You Chair Hart no further comment
6:46 – 6:536 turns
Thank you very much. Staff comments, Ms. Liu, Ms. Plowman?
Chair Hart and supervisors I have no additional comments thank you
matter is to the board and we also have a list of changed conditions that we need to go through too is that the case with this project
Chair and Supervisors, that's correct. We do have a requested changes from the applicant and I do have them to put up on the screen for you. So for this project, the conditions are slightly different and there are six slides so I'll just go through them one by one. They're somewhat similar but Also unique. This is requested changes to condition 19 from the applicant.
Requested changes to Condition 20. Requested changes to Condition 21. 22. 23. 26. OK,
thank you for going through those specifically the matter is to the board Supervisor Williams. Well, just a couple of questions. One is I would love staff to talk a little bit about Mr. Rintel's concerns and your response. No, I didn't follow the blow-by-blow of this design like I did at San Ysidro. So maybe you could tell me a little bit of the constraints That being said, of course you know we do have a bad habit in this county of thinking that public right-of-way is to benefit our street front property and obviously public right-of way is ultimately for the public.
You know but of course I do like the tradition of Public Works trying And would like to understand, be assured that everything that was done in the design was done and know what your plans are moving forward to help him as a neighbor. And then just one question about the lighting condition or revised condition. At least one planning commissioner was under the impression that we had to do mission bell to make sure that SE would pay for the maintenance.
That this change wouldn't tell me a little bit about that, right? And then I would suggest the same changes I did on San Ysidro on the view condition on Olive Mill
Thank you. Thank you. Ritner gave me probably too much credit. I know Laura and Walter worked a lot with him on this project and on what adjustments could be made for his frontage, but you kind of alluded to this first of all that the project is entirely in the public road right away so there's no taking a property as a result of the roundabout part of the project We did look at the geometry, it's extremely constrained there. You can't shift south or you start impacting freeway on-ramp and Montecito Inn property and you do start talking about right of way takes. You obviously have many legs of intersection coming into a very small area and you're trying to get people through there We have to make sure that we're doing everything in an organized fashion and not too quickly so you we have to eliminate those fast pass and things like that.
So by the time you look at all the geometries, we really squeezed it over as far as we could. Thank you very much. We're definitely willing to work with him on that. With respect to the lighting, it's a matter of practicality. Both types of lighting can be maintained. It's just having two sets of lights in a single intersection is kind of problematic from a maintenance perspective. You've got to call the lights out and which equipment do they go take out there and things like that.
It would make the lighting consistent with what the city is doing and what the city is moving towards along Coast Village, which is the nearest kind of lighting corridor in the area. So it would just add a lot of efficiency to the ability to maintain it as well as adding uniformity and aesthetics of not seeing two different types of lights on the same intersection.
And then finally on the third item, which was having the same changes to conditions as San Ysidro. I think the project team would be amenable to that.
6:53 – 6:5615 turns
Thank you.
So I would just urge you to continue to work with Mr. Rentels and minimize the impact as much as feasible, but I will also say that If the San Ysidro roundabout was controversial a couple years ago, I think there are elements of the Olive Mill Roundabout that were controversial but the need for it really has not been. I think anybody who has driven through that intersection more than once during rush hour is like something has to be done to this crazy place And it's because of the five-way stop sign thing, people either cannot mentally process that or they pretend that they can't mentally process it.
It is rare that everyone waits their turn and obviously that has more potential for safety problems and has more potential for exacerbated congestion as the freeway project nears. Is there any other discussion? Is there a motion? I'll move to deny the appeal, uphold MBC's decision with revised conditions provided by Public Works with the exception of the view condition and substitute my own revised condition on their revised condition.
Chair and Supervisors, just so our record is clear on that. I think I understood move staff's recommendations and then at D would be grant de novo approval of project as revised by the six slides presented by Planning and Development all have no revised conditions except whatever wording you'd like to add supervisor. I just want to make sure that we can point to the actual wording
It's essentially the exact same wording that I put in to this San Ysidro. They already did it. They already changed it. Okay,
there we go. So I think then that if I understand the motion to be moved staff's recommendations accepted at D grant de novo approval of project except as revised by six PowerPoint slides presented by Planning and Development titled Olive Mill Revised Conditions
That's right. And I would say that one of my great pleasures of serving in this capacity is the dirty looks I occasionally get when I have a sloppy motion from Mr. Ghazani. Thank you, Mr. Ghazani. That is my motion. Okay. Motion has been made. Is there a
second?
Seconded. Any discussion to the motion? Madam Clerk, would you please call the roll?
Mr. Williams?
Aye.
Ms. Hartman? Aye. Mr. Adams?
Aye
Aye.
Chair Hart? Aye. Motion passes unanimously.
Thank you everyone for the hard work on both those projects and thank you Mr. Becker for your presentations. Next we'll go to departmental item six.
6:56 – 7:083 turns
Chair Hart and members of the board, departmental item number six is from the county executive office. It is a hearing to consider recommendations regarding the fiscal year 2021-2026 five year forecast.
Yeah, we can take a five minute break. Let everybody get settled. We'll reconvene the Board of Supervisors meeting for November 17th. And we are on departmental item number six. Madam Clerk, would you please read that item into the record?
Yes Chair Hart and members of the board this was previously read into the record but for members of the public who may have missed it departmental item number six is from the County Executive Office. It is a hearing to consider recommendations regarding the fiscal year 2021 through 2026 five-year forecast
7:08 – 7:142 turns
Mr. Frapwell, Mr. Clemente welcome thank you for being here. Thank
You Mr. Chair members of the board so we're here today to present to you our five-year forecast and our fiscal issues report and these are important documents as they really do serve to kick off the development of the upcoming budget Specifically today in today's report, we'll talk about the five-year forecast and what we're looking at and sharing with your board three scenarios in which we're looking to try to understand potentially all else being equal. What are financial gaps or the Delta is between our revenues and expenses for the next five years?
Also presented this report and your board report before you is a fairly robust discussion on the fiscal issues facing the county These fiscal issues are not necessarily costs that we'll have next fiscal year, but those that are on horizon that must be taken into account and understood and thought through strategically in the upcoming fiscal years. And finally we'll talk a little bit about preparing for the fiscal year 21-22 budget.
Just as a reminder, this is, as here we are in November with the five-year forecast and significant issues report. It's really our first step. Our next step will be back before your board on December 8th for consideration of the budget development policies for fiscal year 21-22. April, of course, 2021 will be our budget workshops followed by a recommended budget that'll be released in May and ultimately culminating in budget hearings in June 21.
A little bit about the forecast. It really, as I mentioned, provides a context for balancing both short-term and long-term goals for the development of next year's budget and beyond. Our goal today is not to solve the gaps identified but rather to bring those to your board's attention and those will be issues that we'll be working on in our office to develop strategies of how we minimize and eliminate those gaps.
Also today's report identifies potential demands on county resources in the coming year. It projects gaps beginning of fiscal year 21-22 resulting from a COVID induced recession and provides, as I mentioned, three scenarios that we're looking at. The baseline scenario which is what we're considering our mid case is based on information we see today and understanding that we have on what's driving our main revenues and expenses will have a mild recession A scenario which Mr. Clemente will talk about and that is a little more optimistic with respect to the rebound of some of our discretionary revenues, and then we'll have a scenario presented today that is referring to as a more pronounced recession in which it will take longer time for us to recover.
And also, we identify key areas including certain special revenue funds that will need attention when preparing next year's budget. So in all in all and as Ms. Clemente will go through, we're looking at specifically from the five-year forecast at the general fund is our main focus but we'd also provide information for your board on potential impacts in our special revenue funds.
As you think about the purpose of the forecast, and thinking about the figures that are provided in the forecast. Although the gap figure identified in the forecasts are not necessarily intended to be predictive, they do importantly provide an order of magnitude which absent other actions, corrective actions that dealt exist between our revenues and our expenses over next few years.
It should be noted that the gaps identified in report Beginning year two are cumulative and meaning that each year our board, your board considers and we recommend a budget that is balanced. And so really as we look at the numbers contained in the graphs, we're really focused on the incremental change year over year. And finally, one of the values of looking out over the next five years, it really enables us to be proactive in the approach to budget planning and rather than finding ourselves in a need to be reactive year-to-year.
To set a little context for our discussion today, the recession that we're referring to and experiencing really began in February with the COVID outbreak and the resulting impacts on the county's transportation tax revenue as well as some impact on sales tax. The county is at the forefront, as you know, as we discuss each year board meetings of fighting the pandemic and it has provided a significant impact and challenge to our county departments to be responsive to a very fluid and changing environment.
The major discretionary revenue sources are relatively stable, and cannabis tax moving forward is moving and growing to be one of our top four discretionary revenues. Our assumptions contained in the report are based on current estimates of expenses and revenues and how we see those changing over time. Importantly, this forecast assumes a status quo level of operations. And so what we try to do for purposes of looking forward is assume all else being equal and look at what happens or the key drivers of our expenses and revenues in that scenario and identify the gaps. That then becomes the backdrop in the context for us making decisions and deliberations, your board's deliberations during workshops and hearings.
With that, I'll turn it over to Paul.
7:14 – 7:291 turns
Thank you Jeff. Good afternoon Supervisors. So I will walk you through the next few slides will be expenditure and revenue assumptions we use to build forecast and then we'll talk about the gap that is projecting So the main drivers are salaries and benefits, that's the largest cost to the county. Salaries we did assume around a 3% average annual increase. Most of the negotiated MOUs are ending either this fiscal year or next fiscal year so these are, this is an assumption we put in it's not based on any specific MOU in the out years.
That's based on an assumption from prior years and it includes Step in merit increases and as Jeff mentioned status quo staffing. We didn't add FTE We didn't assume expansion of any programs. This is level FTE at the 2021 level Retirement we are seeing a 5% increase in years 2 through 5 But a 12 percent increase is projected for the first year of the forecast retirement costs are driven by salary increases as well as SP serves plan rates With costs being partially offset by the pension cost sharing that was approved in prior years and negotiations.
The 12% increase we're projecting in the first year is due to low investment returns in the fiscal year 19-20 in the Investment Fund. SB CSRS has a 7% assumed rate of return, and it's looking like returns came in somewhere around under 1%. So we will roll those impacts in and start seeing that in the first year of the forecast, fiscal year 21-22. Health insurance, we've assumed a 5% annual for each year of the forecast. That's been around where it has been in the past few years with just the caveat that year-to-year increases in health insurance are unpredictable because they are driven by prior year experience. If there's a year where our insured pool has higher usage, we could see higher rates.
Some other larger expenditure drivers include information technology. We've assumed an 8% average annual increase as cost of software and hardware costs increase, and replacements happen as well as some of the unplanned costs due to telework with more laptop purchases and potentially more IT involvement. General liability insurance, we assume a 7% increase for years two through five.
But the first year of the forecast we are anticipating a significant increase over 20%. This is continuing an upward trend we've been seeing in the past few years driven both by the California environment as a whole is inexpensive and getting more expensive for insurers. There's just large settlements around the state. And that drives up the cost to insure in the state for all insurance types.
And then the county's actual experience is growing as well, so those combining are contributing to over 20% increase in the next fiscal year. And then other services and supplies, utilities and various other costs like that we've assumed a 5% annual. Other ongoing commitments that we have included in the forecast include the Northern Branch Jail set-aside. We continue to grow that annual funding per the plan that was adopted back in fiscal year 2011-'12, but as we come closer to the opening and we have a better understanding of what the costs will be, the annual operating cost to run the jail Thank you, Mr. President.
Parity was achieved between ongoing costs and the revenue set aside at about 19.3 million It's looking like 19.9 million or so in 22-23 With potential additional years, but we will have a more robust discussion on that on December 8th The fire tax shift did achieve the 17% of property tax revenues in fiscal year 1920. So that will stay at 17%. And as the property tax base grows, the dollar, the actual dollar value of that 17%, will continue to grow for the Fire District.
The 18% maintenance funding plan, we've assumed flat for all years of the forecast given that we're projecting gaps. That is based on unallocated discretionary revenue growth. It's a plan to pull 18% of that growth into a maintenance funding plan and because we're projecting deficits in this forecast, we didn't assume any growth to this 18% plan. However, during budget development as the picture becomes clearer if there are unallocated dollars including cannabis revenues that 18% policy will continue to apply to those growth.
The strategic reserve, we have assumed fully funded in each of the five forecast years. The first year it's likely that we won't need to provide any additional funding. We should be fully funded at the 21-22 level due Projection this year in our adopted budget that we would need to backfill some social services revenues And it's looking like the state is providing enough back fill now that the Department of Social Services likely won't need to draw those Revenues if that stays in the strategic reserve then we will probably be at the funded level and not need to increase Contributions in the first year of the forecast We've assumed a one-and-a-half million dollar increase for every year after that so stay at the 8% funding level Next slide, we'll talk about the revenue assumptions.
As Jeff mentioned, we had three growth scenarios similar to last year for our major discretionary revenues that's a mild recession that assumed that impacts of the pandemic were mostly mitigated in 2021 and we begin experiencing growth there. A baseline scenario that assumes a more gradual recovery and then pronounced recession that assumes a more lingering disruption and then a slower recovery due to the pandemic.
This is just a visual. You can see the three different lines for the mild baseline and pronounced, those revenues and how they grow. And this next slide shows you the comparison between the baselines, the gray line, and then the blue line at the top would be the mild recession scenario. You see it's $1.3 million more growing to 15 million more in the fifth year.
Opposite of that would be the pronounced recession scenario With 3.8 less in the first year up to 12 million less than the baseline scenario for those major discretionary revenues I can move through these fairly quickly. This is the assumptions behind each of the scenarios for those major revenue sources, property taxes first which is 76% of the county's discretionary revenue and basically as we just talked about mild recession assumes more growth baseline is a little slower and then pronounced recession has fairly flat growth in the middle and then increasing in the out years Similarly, sales tax which is 4% of the county's discretionary revenue. It's growing a bit more in the mild and a little flatter in the pronounced and baselines.
TOT which is transient occupancy tax just under 4% of the county's discretionary revenue probably the revenue general fund has seen most impacted by the recession or by the COVID impacts So in the first year of each of these, you do see we've got fairly large increases projected even in the pronounced recession scenario. That's because we think 2021 is probably a pretty low trough so even in the pronounced recession scenario, the first year is probably going to see some significant increases based on where we think will end 2021 and then the similar increases that we talked about flat To slow growth and pronounced up to more robust growth in the mild recession To turn to cannabis tax revenue, we received $12.2 million in fiscal year 19-20.
We are currently projecting $14 million in fiscal year 2021. The adopted budget is $10.6 million for this year but as we discussed in our quarter one update a few weeks ago to your board first quarter revenues look like they came in a little higher and we've revised our estimate to about $14 million for the fiscal year. Growing off of that base, we've assumed 16.7 million in fiscal year 21-22 with annual increases of about 15% thereafter for the forecast period.
We discussed last year during the forecast report that cannabis is considered a relatively recession resistant funding stream. It seems like it's bearing that out in the past few quarters In the forecast, the revenue is going to fully fund cannabis enforcement and cannabis program administration activities within county departments as well as previously funded board priorities such as libraries and a couple planners that were added to long-range planning in the adopted budget.
Consistent with prior years, the forecast assumes that any revenues collected beyond those ongoing items I just mentioned would be fund balance for one-time needs. If instead those additional cannabis dollars are assumed to be unallocated ongoing dollars, they would solve the gaps we'll be discussing in the next slides in the mild scenario years as well as all but the last two of the baseline scenarios. So I just want to be clear that those aren't rolled into the revenues we'll be discussing later as part of the gaps.
They are assumed to be fund balanced in this forecast. And what makes up those dollars is the cultivation tax, as well as assumptions on storefront retail revenue. The forecast assumes that there will be a phased opening of up to six retail storefronts and increasing sales volumes over the five years growing from about $650,000 in revenue up to about 1.5 million over the five-year period.
So when we put revenues and expenditures together, we get our gap chart. The black line on top with the triangles are the anticipated expenditures in the entire general fund over the forecast period. Each of those three lines underneath are the three different revenue scenarios. You can see in the baseline scenario, we're projecting just under $2 million gap in the first year growing to around $27 million gap. As Jeff mentioned these are cumulative gaps.
They're assuming that these gaps in each year aren't solved so at $27 million is cumulative over five. Similarly the mild scenario just under a million dollar gap growing to around 11 1⁄2 And then in our pronounced recession, around $6 million gap growing to close to 40 million. This table provides the same information for each of those scenarios. Again, the gaps represent the differences between revenues expenditures if no mitigating actions are taken. However as your board knows by code, the budget must be balanced each year and so We provided on this table the incremental change by year for each of these. That would be the gap that would have to be solved each year. So as an example, the baseline scenario if the $1.9 million is solved in that first year you're working towards a $3.1 million gap in the next year up to that final year will be a $ 3.7 million gap so 27.2 needs to be addressed over five years not all at once in the fifth year.
Other major operating funds outside the general fund are also projecting gaps over the forecast period. Some of the more significant ones would be the health care fund growing to $10 million by the fifth year, Mental Health Services Act which is funded by the millionaire's tax so based on high income earners in the state growing to a $10 million gap in the second year and then leveling off around an $8 million gap in the out years Social services as well, growing from 3.7 million up to a $10 million gap There's various drivers of these gaps in all departments, and it includes federal and state revenues that aren't keeping pace with salary and benefit increases. Fees on some funds that are below full cost recovery during the forecast period.
COVID-19 related impacts particularly on revenues and charges for services and state revenues. And then ongoing deficits and depletion of fund balances as Departments anticipate using some fund balance if they've got gaps early on and they deplete those the gaps exacerbate in the out years. So some key takeaways from this section. While gaps are being projected in the general fund, it does seem to be in a more manageable position than the special revenue funds due to actions taken in prior years up to this point such as efficiencies pursued under Renew 22 as well as the discretion that the board has in utilizing revenues to address general fund issues.
Thank you, Mr. Chairman. And the current state budget in this fiscal year used quite a bit of one-time funding to cover ongoing costs and to backfill revenues. So, the economic outlook in the coming year at the state level and the Governor's proposed budget in January are going to be an important indicator of issues that we may have to grapple with during the 21-22 budget development.
Unknowns surrounding the pandemic mean that prudence must still remain a guiding principle as we develop the 21-22 budget, as it has been in prior years. And depending on the type of gap that may materialize in the upcoming year, we may need to look to cost cutting and revenue generating initiatives.
7:29 – 7:443 turns
Mr. Chair, members of the board, the fiscal issues that we've included in our report have been some provided to us by departments and what they're seeing individually within their operatings as well as fiscal issues we've identified as a department looking forward holistically for the county. We break these into five primary categories those fiscal issues that are related to legislative or policy changes Those related to deferred maintenance, backlog within the county.
Thirdly, the need to invest in technology. Fourth, facility conditions and office reconfiguration and finally innovations. Let me walk through each one of those categories for you and in essence at a time I won't read through every line but let me highlight a few that are key as we focus on the upcoming budget. Recently the state has passed AB 1869. That piece of legislation significantly reduces the county's ability to recover costs associated within the criminal justice system as a whole. You can see here on this chart, these primarily affect probation share from public defender and there is over $2.5 million total impact between those three departments.
I recommend action on this is to advocate for favorable backfill. The governor has provided some indication that there will be some money in the state budget to help mitigate the losses to local government. It's unclear whether that will survive the state budget process and if it does, how that would be allocated across the 58 counties. So it's a big uncertainty for us, it's very unknown and something we'll be working with the impacted departments as well as our state associations.
Elimination of 340B, we've talked to your board about this pretty extensively for a number of years. We've known this training was coming down the track it has arrived as of this January will be impacted within public health the revenues coming from 340b The question is still is uncertain with respect to the exact impact impact that As we speak we're working with the state to try to impact the allocation of the dollars that are going to be backfilling counties for.
But we do think this is a significant exposure for us, perhaps to the tune of $2.2 million a year. You'll be discussing on your special meeting on the 1st, a variety of needs with respect to the discovery process and handling of discovery materials within or among the criminal justice departments And so we recognize that as a potential cost. You'll have more conversation about this on the first.
We know that coupled with discovery is also the technology and the revamping of technology within the criminal justice departments, and this isn't unique. I would say, and we'll talk a little bit about it in the next couple slides, the technology and the need to invest technologies so that the county can do And perform and provide services in an improved manner with greater ability to make decisions that are based on data, or based on outcomes.
And improve the services we provide to the constituents we serve every day is critical. And that crosses all of our departments but in this slide we're specifically talking about criminal justice. Within deferred maintenance, again not a surprise, not new. It is something obviously we've been talking about. It continues to be a priority with our development of each year's recommended budget that we're making those investments in county infrastructure between public works community services and general services to shore up and reduce the rate of decay of our facilities and infrastructures.
And this continues to be a challenge for us, and that we take on each year. Aging technology systems kind of new to this slide this year is really a discussion. I should have said on these fiscal issues there's a lot and fairly good description in our report to your board that's much more robust than what I'm going through today with you. The cybersecurity continues to be a growing issue.
We're seeing this across not just the county, but across the country as especially it's kind of a sad state affairs, but especially during this pandemic local governments and private side as well are seeing an increased attack of cyber issues. And we know that we need to do a better job and we need to make an investment Here in our county systems. We've talked to your board about the Banner Project, which is the business application needs assessment and that ultimately will lead to a process in which we'll be seeking to replace our aging infrastructure with pretty much financial and HR and budgeting systems into enterprise resource planning ERP system And we know that price tag is in the eight to 10, 11, $12 million range. We'll know a lot more once we go out to bid but included in our discussion with your board on the 8th as part of our budget development policies will be talking about this need specifically as well.
Financial facility conditions and office reconfigurations I think this slide is really here it's just a recognition that the county's facilities are continuing to age We have more than 300 county-wide facilities, and the average age of our buildings is around 40 years old. Forty sounds young if you're talking about a person but for facility that speaks to us really need to make investments to ensure the structural integrity of our facilities and importantly make sure that the facilities are facilitating the delivery of key services Innovation is our fifth category of fiscal issues that we've highlighted in our report.
And these are some innovations identified by some of our county departments, public defenders specifically on holistic defense and you've heard our public defender talk about this very important program and how that can impact, positively impact the criminal justice system. We have other criminal justice reform efforts within Public health, we have the Medi-Cal CalAIM reform.
So as we look forward into the upcoming budget you know to prepare for the next normal as we're referring to it amid this pandemic departments as I mentioned are challenged in responding to the pandemic Being reactive and proactive in this environment in which we find ourselves. And it is a challenge impacting multiple county departments. As Mr. Clemente mentioned, Renew 22 really has panned out to help us rethink about and prepare ourselves and position us to adopt new practices to be responsive and resilient and to rethink what the public needs and expects from us.
And that mindset that we've, as we change our culture to focus on this I think has paid dividends in our current pandemic and the way we've responded. And will continue to provide benefits in the years to come. We're focused, focusing our efforts to really build on the recent adaptations and leverage our new knowledge and ways of operating. You know, there's nothing like an emergency or in this case a pandemic to be the impetus for change and change the way we deliver services.
I think there are several pronounced examples of this in county departments but not the least of which is the amount we're able to telecommute and still have accountability with our employees to be productive, to be responsive and to be effective in the jobs they do And as we look forward and think about the next normal, there are certain things adaptations that we've done in this pandemic that we don't want to lose the value of.
That we want to maximize to the extent possible and feasible. To really help us be more resilient. Help us be more effective. So we'll be looking at that as we look at the next normal. Finally, internal processes and improvement innovation efforts continue. Innovate SPC is our process of improvement innovation training. This was part of Renew22. We rolled this out really in earnest this fiscal year. Our goal was to train 225 county staff in these trainings by the year 2022.
We have redoubled our efforts on this I really think that we are, my own personal goal which I haven't shared with the exec steering committee is that we get to 10% of our staff. If we could hit 450, 400-450 of our employees with this training you will start to see big changes in departments. In addition, KPMG department management reviews are happening and continue to happen. And as part of that each department is responsible for developing an implementation plan of how those recommendations made by KPMG can be rolled out in their departments. So we'll be looking at those and monitoring those and that will become an integral part of our workshop discussion with your board.
We have additional or improved digital and online services, and finally a focus on more engagement with our employees. So again it brings us back to our timeline. Today was our five-year forecast and significant fiscal issues report leading to December 8th budget development guidelines. Our recommended actions for your board are to receive and file the report before you today and determine, make the CEQA findings.
So with that, Mr. Chair, board members I'd be happy to answer any
questions. Thank you very much Mr. Fretwell and Mr. Clemente this is a really careful detailed forward-looking view and I really appreciate the opportunity look over the county's fiscal horizon it's really quality work so thank you Supervisor Williams Well, it's just more of a request that if when the second quarter numbers come in for the second quarter of the fiscal year numbers come in. I'd just love it if it was compared with the benchmarks that you guys are doing not all of them would bear out obviously TOT would be it wouldn't tell us anything but I'd love to know what's happening in property tax in particular and the second quarter receipts And I don't know typical on a typical basis how much my district is in terms of percentage of property tax, but imagine that it's significant and I Don't know how there can be so much of a housing price increases going on out there in the middle of a recession, but there are And that's mostly bad for local residents, but it's good for revenue.
So I would of course be interested to see how that shakes out and if the message was we're in for a real doozy, message received. And I hope we will continue to take actions I think it should affect our approach a little bit to how quickly appeals are I think just as a matter of justice, I don't think four months or five months for gap between the two is really a good way of doing things. But if acting more just isn't enough then maybe we should also be doing it so that we can manage to fund enough sheriffs on the street and enough child welfare workers to take care of foster kids and basic things like functioning of our institutions.
Other comments? Supervisor Hartman.
One of the biggest frustrations to me is the pension and that the stock market is really doing quite well, but on an arbitrary date we make some determination. And I know you've already looked at this, but can you explain to me why there's not a little more play in that date
7:44 – 7:505 turns
Supervisor Hartman to the chair. So I don't want to step on SB CSRS territory here, but let me share with you my experience as a trustee in 1937 Act County, much of Santa Barbara. And so you're right. The system is required, SB CSRS in our case is required to perform an annual actuarial evaluation of assets on a given date and compare that with the liabilities that that system has And so, it does that. It seems arbitrary as a fiscal year basis.
They try to mitigate the kind of picking at point in time by rolling those impacts over a five-year period. So in this case, as Mr. Clemente mentioned, the system has an assumed earnings rate of 7% each year and they had about 0.8, 0.83 someplace in their return for that year Had they not adopted a roll-in, five year roll-in process we'd be having that full impact in the next fiscal year. In this case they don't do that, they roll that and smooth that in so that each year those pluses or minuses of that assumed earnings rate roll in and smooth each other out. So it is meant for smoothing but the impact next fiscal year to the county is in the seven to eight million dollar range. So even with that smoothing there's a significant impact And so it is frustrating, certainly.
But if I can say this, earlier in my career as I was impacted by these kind of rates before they did smoothing, it was even more frustrating than this. But I share your frustration.
Supervisors Adam or Levenino?
Well, I will just say that I've been through a lot of these five-year forecasts and while they're a good tool. We basically, I mean, I think what's helpful is to be able to see look at some of the big picture items that we continue to have. And I don't think surprisingly it's always the same ones but I just think sometimes when we look at this, we're looking at a big macro lens.
And what's strange is being on this board is we really have to be nimble in year-to-year just to keep the lights on so. It's good exercise, I don't get too worried about what I see. And maybe that's a problem that I have that I get a little myopic about it but I appreciate staffs input and we'll see what happens at budget time.
Thank you Supervisor Labadino. Supervisor Adam.
Mr. Chair, yes sir yeah this is my last five-year forecast and you know I've kind of been I guess the most negative on the board the whole time that I've been here and you know I've always wanted to have us prepared to deal with these kind of things as best possible And I've made no secret of the fact that I didn't think we really done that to the greatest extent that we could.
We keep doing a lot of status quo stuff, status quo budgets and attempting to not really act like there's as big a problem as there might be. And some of this stuff when you make a budget, Muted. You really are guessing at what's going to happen, so I get that but you know in the private sector most people probably try to Play it a little safer and not assume that there's going to be enough money to go around all the time. And so they manage things, so they have a little extra buffer. And we have a buffer, what do we add now? Sorry 38.
Yeah, well that's good. That's good and we needed that when we had our mud slide. We used it and that was good so I'm glad we had that. But at some point, if this thing gets as bad as some people are saying that it's gonna get when the rope comes tight on all of these lockdowns. I hope that and of course I won't be here but I hope that you guys have the ability to take some drastic actions and tighten the belt a lot.
And you know, maybe we'll be the better for it in a decade. Instead of running into failure and we can't afford to fix anything and we have tremendous liabilities in the pensions and all that stuff. So drop the mic I guess.
7:50 – 7:5315 turns
Something was wrong with your mic too, it was crackling but that was not the same as dropping it.
Well I've switched microphones so maybe there's a conspiracy somewhere else.
Let's hope not but thank you for those comments. Are there
additional comments? Supervisor Williams. Well, I you know, I know that you know budget officers are traditionally dour in their projections and When their predictions don't quite end up being as bad or they're worse than reality. But you know, if someone tells you every day you're going to die today eventually they're going to be right. And I think this somewhere in this next couple years because of the, you know, I'm shocked by how many businesses have survived through this tough covid recession. I'm shocked by how many people are still somehow getting by barely at some point the shoe drops at some point there's going to be ramifications and it will affect our revenue so I do think that there's maybe there's more Reason this year, and I know I'm the guy who has big dreams about what the county should be doing all that all the time But I think there's more reason to believe that We are in a challenging position this time than then before Well the next Discussion about the budget will be in December which will come fast.
And so really appreciate the Advance warning to have a sense of what we'll be looking for I'm toward over time and you know, I don't know about dour and those things but I think you're careful and deliberate. And I appreciate the detail
in this so is there anything else anybody would like to add? Is there any public comments on this item?
Chair Hart and members of the board we have no request to speak on this item.
Okay do we need a motion? Is there a motion? Okay would somebody like to make the staff recommendation to receive and file Second. Motion has been made and seconded. Any discussion? Madam Clerk, could you please call the roll?
Mr. Williams? Aye. Ms. Hartman? Aye. Mr. Adams?
Aye
Hi. Mr Lavanino? Aye
We're having trouble hearing you guys but let's keep moving
And chair I
to
motion passes unanimous. Thank
you. Next item is departmental item number 7 would you please read that item into the record.
7:53 – 7:5613 turns
Chair Hart and members of the board departmental item number 7 is from public works. It is a hearing to consider recommendations regarding an ordinance temporarily amending chapter 28 to add chapter 20 be special encroachment permits related to the COVID-19 pandemic response.
Mr. Stanton, welcome back.
All right, happy to be here today. It's good to be up here again and also happy to be anchoring things today. Love being in the anchor position. Chris N., Public Works. I want to start with a housekeeping item which was we'd like to change the CEQA findings to just recommend that recommended action D for today and recommended action B for December 8th be changed to say determine Thank you very much. Thank you. I move that the adoption of this ordinance is exempt from sequel pursuant to sequel guidelines section 15 0, 6, 1, B 3 comma 15 2, 6 9 C comma. 15301 comma 15303 and 15305 so I think we're a little too concise with our board And with that, I'll try and keep this under 90 minutes here.
This is just an extension of the emergency ordinance that your board has already approved. So this is a date extension. And just to refresh your memory, it's the program that Public Works does to help with small business community partnership and enhancement program to use the county road right-of-way for business operations On your screen, you see the process. It's a simple three-step process and we're working hard to facilitate people being able to do this so that they can safely operate in the road right of way And then this slide just gives kind of a summary of where we're at today. We have 20 approved operations working, we have another about a dozen that are kind of pending and that were working with the applicants to work through the process spread across the county as you can see and then some just picture examples of what we have.
And with that I'd be happy to answer any questions you have.
Thank You Mr. Stedman. Are there questions for staff? Okay Is there any public comment on this item?
Chair Hart and members of the board, we have no request to speak on this item.
Is there a motion?
I
second and I just say for businesses that are struggling, try to look at this possibility. There are parts of my district where this has not been used yet and obviously it's helping some businesses get through these tough times. Thank you Supervisor Adam for the motion and Supervisor Williams for the second. And is there any discussion? Madam Clerk, would you please call the roll.
Mr. Williams? Aye. Ms. Hartman? Aye. Mr. Adams?
Aye!
Mr. Lavagnino?
Aye
Chair Hart? Aye Motion passes unanimously
7:56 – 7:586 turns
Our next item is the clerk has to reopen approval of the minutes from earlier today to fix a incorrect date. So Madam Clerk, would you please read that into the record?
Yes Chair Hart and members of the board my apologies it was brought to my attention that there was a typo in the November 10th 2020 minutes that were approved this morning A9 from the November 10th 2020 meeting this was from County Council to consider recommendations regarding an outside council contract with Churchill Churchwell White LLP, and there was a four-fifths vote required on this item. And in the motion recommendation A it was approved ratified and authorized chair to execute agreement for professional legal services with Churchwell White LLP with a not to exceed amount of $100,000 and a term ending date should have read January 31st 2021 and not 2020 for independent legal counsel to the County of Santa Barbara Citizens Independent We have a motion to approve the redistricting commission and if we can get a motion to correct that typo in today's minutes and just reapprove.
So moved
second supervisor Adam the supervisor Hartman on any discussion, I'm quick to please call Mister design is you haven't been quick to please call the roll.
Chair and Supervisors, one update item following Departmental Item 1, the coronavirus briefing this morning. I had mentioned Sutter County Superior Court having a decision involving an injunction against Governor Newsom in the Emergency Services Act, and that that was going to the Court of Appeal. The Court of Appeal for the Third Appellate District today issued a stay of that order pending further order of the Court of Appeal So there's no impact currently on the governor's powers under the Emergency Services Act.
Thank you for that clarification We are now adjourned to the special meeting of Tuesday, December 1st 2020 for the Santa Barbara County criminal justice and racial equity update