BodyBoard of Supervisors
MeetingRegular Meeting
Date📅 September 14, 2021

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0:03 – 0:1810 turns

ElectedBob NelsonChairProposedvoiceprint 0.873:22

Good morning. I'll call to order the September 14th, 2021 meeting in the Santa Barbara County Board of Supervisors. Madam Clerk please call the roll.

Roll call, called by Amon
Show transcript
Supervisor Hartman here. Supervisor Lavinino here. Supervisor Williams here. Supervisor Hart here. Chair Nelson here
Pledge of Allegianceceremonial · click to expand · ≈22s recited, not transcribed
ElectedBob NelsonChairProposedvoiceprint 0.873:40

at this time please stand and join the board in pledging allegiance to the flag.

Supervisor Hart?

The next item of business is the approval of the minutes from this August 31st, 2021 meeting. Is there any discussion? Can you get a motion? I'll make a motion with minutes. Second. All right before we do that, I think we have maybe some technical difficulties We'll go ahead and take a vote on that. So all in favor signify by saying aye. Aye. Motion passes unanimously.

Madam Clerk, are there any announcements or changes to the agenda today?

CommentAmonProposed · by introduction4:57

Chair Nelson and members of the board, I have a couple of quick announcements today. I would like to remind the public that the Board of Supervisor meetings are being interpreted and broadcast live in Spanish. We're broadcasting our meetings in Spanish both for Cox Cable subscribers in South County as well as Comcast Cable subscribers in North County. Members of the public can now view our meetings in Spanish by turning on the secondary audio programming also known as SAP under their language settings.

Lastly, I would like to remind the public who are participating in our meeting today of the board's updated methods of public participation. For the Board of Supervisors' methods of public participation and to provide public comment on general public comment or an item on the board's agenda please see page two of the agenda. Members of the public can now attend meetings in person in both the Santa Maria Board Hearing Room Chambers as well as the Santa Barbara Board Hearing Room Chambers.

Please note on September 5th, 2021 a new county health officer order went into effect requiring indoor mask usage for everyone over two years of age regardless of vaccination status. If you attend the board meeting in person, you will be required to wear a face covering or mask at all times regardless of vaccination status information regarding how to properly wear a mask has been posted throughout both locations As a friendly reminder, masks should cover your nose and mouth. Wear the mask from the bridge of your nose to all the way under your chin.

Tighten any loops or ties so that the mask is snug. If you do not have a mask that fits properly we will provide you with one. Individuals that would like to provide verbal public comment virtually may do so via Zoom by registering in advance via the link available on page 2 After registering, you will receive a confirmation email containing important information about joining the virtual meeting.

Once the chair has announced the item you want to comment on please join the meeting with the information provided in the registration confirmation email. You'll be placed on mute until it is your turn to speak. The clerk will call you by name when removed from mute you will hear a notification that your line has been unmuted If you are using a touch tone phone, you may need to press star six to unmute yourself.

Each person may address the board for up to three minutes at the discretion of the chair. If you have any questions please contact the clerk of the board's office at 805-568-2240 and that concludes my announcements for today.

ElectedBob NelsonChairProposedvoiceprint 0.877:34

Thank You Madam Clerk.

Next item of business is the County Executive Officer's Report. CEO Miyasato do you have anything to report today?

UnidentifiedUnidentified speaker 1Proposed7:40

No reports this morning Chair

ElectedBob NelsonChairProposedvoiceprint 0.877:42

All right, next item is approval of the administrative agenda. Do any board members request to pull any item on the administrative agenda?

Agenda Discussionitems moved / continued / pulled, click to expand
ElectedBob NelsonChairProposedvoiceprint 0.877:50

I'm going to pull Item A11. Madam Clerk do we have any items being pulled by the public?

CommentAmonProposed · by introduction7:57

Chair Nelson and Members of the Board, I have requests from the public to pull Administrative Items Number 4 and 13.

ElectedBob NelsonChairProposedvoiceprint 0.878:13

All right, can I get a motion to approve the balance of the agenda? That would be the administrative agenda with the exception of items A4, 11 and 13. So moved. Do we have a second? Second. All in favor signify by saying aye. Aye. Motion passes unanimously. All right let's go in order here. Madam Clerk will you read item A4 into the record.

CommentAmonProposed · by introduction8:34

Chair Nelson and members of the board, item number A4 is from community services. It is to consider recommendations regarding a funding reservation for the Bealton Senior Village Apartments affordable housing project in Bealton. It is in the third district.

ElectedBob NelsonChairProposedvoiceprint 0.878:51

All right I believe this item was pulled by the public. Let's go there.

CommentAmonProposed · by introduction8:59

Our first request to speak under item A4 is Ryan Ortiz, to be followed by Gustavo Almarosa.

ElectedBob NelsonChairProposedvoiceprint 0.879:09

Okay Mr. Ortiz

UnidentifiedUnidentified speaker 2Proposed9:09

when you're ready

UnidentifiedUnidentified speaker 3Proposed9:16

Good morning Santa Barbara County Board of Supervisors I actually did not intend to speak on this topic. I just wanted to make myself available for any questions that the board may have. Thank you very much for your time this morning and for your consideration.

ElectedBob NelsonChairProposedvoiceprint 0.879:33

Okay, thank you Mr. Ortiz. Thanks for being here.

CommentAmonProposed · by introduction9:39

We will now go to Gustavo Almarosa who is our final speaker on this item.

UnidentifiedUnidentified speaker 4Proposed9:54

Yes, good morning. My name is Gustavo and similar to Ryan we represent the affordable housing developer Cabrillo Economic Development Corporation that's developing the community in Milton so again we're here in support and available for any questions should there be any. We apologize we didn't mean to disrupt the flow of the meeting We're here for any questions and thank you for your time.

ElectedBob NelsonChairProposedvoiceprint 0.8710:27

You're welcome Mr. Almaroso. All right, Supervisor Hartman?

ElectedJoan HartmannSupervisorProposedvoiceprint 0.8210:32

Since this item has been pulled I just wanted to say that I have met with Mr. Ortiz and Almarosa and very familiar with this project it's been waiting for a long time and I'm glad we're still gonna support it here

ElectedBob NelsonChairProposedvoiceprint 0.8710:47

Thank you, Supervisor Hartman. I was thinking about pulling it but now that it's been pulled I have just a couple of thoughts. You know the question I had for staff that came up when I was reading the board letter was that we're spending in lieu dollars in the City of Buelton that are generating the unincorporated areas. I just want to highlight that because as we go into arena cycle for the county, and we have a responsibility to build affordable housing in the unincorporated areas. I just think the board needs to be aware and careful as we move forward with potentially spending in lieu dollars in other jurisdictions that also potentially have the ability to collect in lieu dollars themselves to mitigate for affordable housing. I'm supportive of this item but I just wanted to kind of highlight that is something that we should be considering that if we're going to collect these mitigation fees in the unincorporated area because we want to make sure there's affordable housing, we should make sure that we guard those dollars carefully moving forward in the future.

Supervisor Hartman?

ElectedJoan HartmannSupervisorProposedvoiceprint 0.8211:55

In principle I very much agree with you. It is important that everybody do their share on this. I do believe, however, that it is important where we have urban areas to build housing there rather than just sprawl out on agricultural land. So that's the only caveat.

ElectedBob NelsonChairProposedvoiceprint 0.8712:14

Yeah, I understand too. I just want to make sure that we're careful about that as we move forward especially if we collect those fees from those areas. All right so can I get a motion to approve item A4? Can I get a second? Second. All right, we have a motion and a second. All in favor signify by saying aye. Aye. Motion passes unanimously. Alright the next item up is Item A11.

CommentAmonProposed · by introduction12:44

Chair Nelson and members of the board, Item A 11 is from Human Resources. It is to consider recommendations regarding the First Amendment to an agreement between the County of Santa Barbara and Health Stat Wellness Inc for an on-site employee clinic program.

ElectedBob NelsonChairProposedvoiceprint 0.8713:00

All right, I actually pulled this item just to give the opportunity to highlight this. This item is actually about creating some equity between the North and South clinics for county employees. I know a lot of county employees watch the Board of Supervisors meetings so I want to take this opportunity to highlight Health Stat and what the benefit that we have as county employees. Before I was supervisor, I was a staff member for eight years and I had the opportunity to take advantage of our North County Health Stat clinic And I just wanted to commend them for the work that they do. They really help bring down our experience cost in the county because they're able to meet and work with employees, so they don't necessarily have to go to an urgent care or see their doctor which might be impacted.

So it helps our whole entire healthcare system especially an organization of over 4300 employees to be able to have these two clinics. I'm glad to see that we're gonna be able office professional to help out in the North County by raising the salary on this one. And I just wanted to take the opportunity to commend Debbie Hansen, she's a nurse practitioner in the north and she, I consider myself a patient of her and she does a great job and I also wanted to recognize Katie Torres from HR and I actually want to invite her to further highlight the program for our employees that are watching today.

So Ms. Torres?

UnidentifiedUnidentified speaker 5Proposed14:28

Good morning, Chair Nelson and members of the board. Thank you, Chair Nelson for your continued support of our Santa Maria Clinic and that of Debbie Hanson. We greatly appreciate this. I wanted to remind our county employees that are serving in the Lompoc area that we will continue to offer our virtual appointments so you can contact the Santa Barbara or the Santa Maria office to schedule those visits. So we do have those available and will continue offering virtual visits. Thank you so much for this opportunity to speak today. I greatly appreciate it.

ElectedBob NelsonChairProposedvoiceprint 0.8714:59

All right, thank you Miss Torres and any of the county employees that are paying attention today they have questions about that. I'm sure you can contact Miss Torres or HR to get more information about health stat and benefit that's offered to our employees. So can i get a motion to approve item A11? So moved. Second. Okay all in favor signify by saying aye. Aye. Motion passes unanimously All right, so our final item that was pulled by the public. Item A11. Sorry, A13. Madam Clerk, could you please read that into the record?

CommentAmonProposed · by introduction15:32

Chair Nelson and members of the board, administrative item number 13 is from planning and development. It is to consider recommendations regarding Fish and Wildlife Commission grant awards. And we have one request to speak, and we will go to Renee O'Neill.

ElectedBob NelsonChairProposedvoiceprint 0.8715:48

Ms. O'Neill, welcome back.

UnidentifiedUnidentified speaker 6Proposed15:52

Good morning. Can you hear me?

ElectedBob NelsonChairProposedvoiceprint 0.8715:54

We can.

UnidentifiedUnidentified speaker 6Proposed15:56

I just wanted to say how it was encouraging to see this on the agenda item and I would highly recommend whatever we can do. At the grant awards for fish and wildlife or if it works the other way around, I'm not sure. I just wanted to say how much I appreciate the work that Fish & Wildlife has done for us in our community and specifically for myself including helping me rescue a little abandoned bear cub many years ago Answering my calls and questions about wildlife on my property that I see that may be in trouble.

And, um, I really appreciate the work that Fish & Wildlife does and anything we can do to support their efforts in our county would be greatly appreciated so that's all thank you so much for listening and it's thanks Chair Nelson for welcoming me back and I hope you guys had a great summer break

ElectedBob NelsonChairProposedvoiceprint 0.8717:05

Thank you, Miss O'Neill. And I understand this program is funded by the fines that people receive for violating fish and wildlife hunting out of season or something that's out of compliance. There's fines that are paid and that money comes back into the county and is spent for education on hunter safety, on wildlife management and other uses and that partly works through planning development.

And that's what this item is. It's awarding one of those grants. So with that, can I get a motion to approve Item 13?

ElectedJoan HartmannSupervisorProposedvoiceprint 0.8217:40

So moved.

ElectedBob NelsonChairProposedvoiceprint 0.8717:42

Can I have a second? Second. All in favor signify by saying aye. Aye.

Motion passes unanimously. All right,

next item on our agenda is actually one of our administrative item number 26. We've already voted and approved this item but we're gonna go ahead and present a resolution so Madam Clerk will you please read item 826 into the record?

0:18 – 0:2714 turns

CommentAmonProposed · by introduction18:08

Chair Nelson and members of the board, administrative item number 26 is sponsored by Supervisor Hart. It is to adopt a resolution proclaiming the month of September 2021 as Suicide Prevention Month in Santa Barbara County. Joining us today in person is Pam Fisher and joining us through Zoom are Victoria Andre King and Gina Carvalho. Pam if you can please make your way to the podium I will go ahead and read the resolution into the record now.

Whereas this resolution recognizes suicide as a national and statewide public mental health problem, and suicide prevention as a national and statewide responsibility. And designates the month of September as National Suicide Prevention Month in Santa Barbara County. This month overlaps World Suicide Prevention Day, September 10th recognized internationally and supported by the World Health Organization.

And whereas the impact of COVID-19 has had a significant impact on many, leaving feelings of isolation loneliness economic impact and job loss and depression which greatly impact the mental health of people and thoughts leading to suicide. And, whereas in our country suicide is the second leading cause of death for 10 to 34 year olds and is the tenth leading cause of death for people of all ages.

And whereas each person's death by suicide exposes at least 147 other people with over 6.9 million newly bereaved each year. In 2019, 4,436 residents of California died by suicide and several thousand friends and family members were changed forever by losing those people. And whereas the Board of Supervisors who are dedicated to reducing the frequency of suicide attempts and death And the pain for those affected by suicide deaths. Through research projects, educational programs, intervention services and bereavement services urges that all Californians one, recognize suicide as a significant public health problem in California and declare suicide prevention a statewide priority. And two support the development of accessible behavioral health services for all regions of our county.

Implementing national best practices in reducing suicide risk for people of all ages and backgrounds. And three, acknowledge that no single suicide prevention effort will be sufficient or appropriate for all populations or communities. And four, encourage initiatives based on the goals and activities contained in the National Strategy for Suicide Prevention Zero Suicide of the National Action Alliance for Suicide Prevention and The Way Forward by the Action Alliance's Suicide Attempt Survivor Task Force.

It is hereby ordered and resolved that the Board of Supervisors recognizes the month of September as Suicide Prevention Month in Santa Barbara County, passed and adopted today.

ElectedBob NelsonChairProposedvoiceprint 0.8721:29

Thank you, Madam Clerk. Ms. Fisher? Dr. Fisher

UnidentifiedUnidentified speaker 7Proposed21:31

Yes, thank you. I'd like to thank Supervisor Hart for sponsoring this resolution and for members of the board for being so supportive of behavioral wellness throughout the year. Suicide prevention and early intervention is so important and specifically during these past 18 months it's just been a really difficult time as we know it and you heard all of the statistics. And so I just want to thank you for all of your support and just let you know what an honor it is to be here today to accept this resolution. Thank you All

ElectedBob NelsonChairProposedvoiceprint 0.8722:02

right, thank you Miss Fisher. I also have Gina Carvalho on the line?

UnidentifiedUnidentified speaker 8Proposed22:08

Yes, yes thank you. I'm here on Zoom. Chair Nelson and members of the board and Ms. Hartman thank you very much for recognizing this immense problem that we have and have had over the years and increasing with COVID We wanna just share with you that it takes a whole community, which we have all the partnerships of the mental health agencies, the governing bodies who have supported the suicide prevention efforts that we've tried to put forward. We have a tremendous amount of support and I wanna thank everyone who works so tirelessly for their mental health in our community.

I want to invite you to two events On September the 23rd, there'll be on Zoom the annual Suicide Prevention Forum conversations about suicide help and hope from four to six on September 23rd. And then the Santa Barbara Response Network is hosting its psychological first aid training which allows community members To help other community members who have been impacted by suicide or any other trauma, and that's offered on September 25th and open to all of you. And to everyone in the community so that we can help each other.

One person can help change a life and the course of our life. So I invite you all to come, and our annual suicide walk which is usually in September but because of COVID we are going to do it in May partnered with the Mental Health Fair and it'll be a larger walk with participation from the community so thank you all and I would love to share these links with people if possible. Thank you again

ElectedBob NelsonChairProposedvoiceprint 0.8724:09

Thank you, Ms. Carvalho. We also have on the line Victoria Andre-King.

UnidentifiedUnidentified speaker 9Proposed24:14

Yes good morning everyone and thank you Chair Nielsen and members of the board. On behalf of the Behavioral Wellness Commission as acting chair I would also like to express our appreciation of this resolution and how much it means to the community especially those who have been personally touched by suicide so thank you all so much.

ElectedBob NelsonChairProposedvoiceprint 0.8724:36

Thank You Miss King. Supervisor Hart?

CommentRenee O'NeillProposed · by introduction24:38

Yeah, I just want to thank Director Fischer for being here this morning and also the chair of the Behavioral Wellness Commission Ms. Victoria Andre-King and then Gina Carvalho for all joining us today to highlight how important it is to raise awareness about suicide. All of us you know are going through a very difficult time across the country in the world there's many mental health challenges that we're all facing and the most important part of these kind of resolutions and these days and months To recognize important health challenges like this is to raise awareness, to make all of us think a little harder about our friends and family members who may be struggling with mental challenges. And to be there for them and to also work incrementally to chip away at the historic cultural stigma that's associated with mental health and mental wellness.

We need to change that dynamic conversations about depression and mental health should be as normal And regular as any conversation about any kind of other physical ailment. There is really no difference at all, these are things that are just physical challenges that we need to work through and provide the resources and the help for people who need it. Just as though they had cancer or some other life-threatening disease.

These opportunities to focus in on that simple message, in fact, are really important to raise that awareness and reduce stigma. So thank you all for being here today And for taking this moment to recognize the contributions of everybody to this cause.

CommentRenee O'NeillProposed · by introduction26:11

Thank you, Supervisor Hart. Supervisor

ElectedBob NelsonChairProposedvoiceprint 0.8726:12

Williams?

CommentRenee O'NeillProposed · by introduction26:14

Good morning I just want to thank all three of you for your work and for the staff and advocates that work alongside you and other course all of our board members for the Behavioral Wellness Commission. This is definitely something that individual action and individual effort can make a difference on, and how we treat our fellow human beings in the work we do and the advocacy we engage in.

I want to stress the urgency of the moment as those statistics do. There's a lot of people hurting out there, so society needs this work more

ElectedBob NelsonChairProposedvoiceprint 0.8726:53

now than ever. All right. Thank you, Supervisor Williams. We've already voted and approved this item, so thank you, Ms. Fischer for joining us.

UnidentifiedUnidentified speaker 7Proposed27:00

Thank you.

0:27 – 0:327 turns

ElectedBob NelsonChairProposedvoiceprint 0.8727:03

All right. Next item up is Administrative Item Number 27. Madam Clerk, will you please read that item into the record?

CommentAmonProposed · by introduction27:09

Chair Nelson and members of the board, administrative item number 27 is sponsored by Supervisor Hartman and Supervisor Nelson. It is to adopt a resolution proclaiming September 2021 as Childhood Cancer Awareness Month in Santa Barbara County. Joining us today via Zoom is Dr. Amy Fierstein. And I will go ahead and read the resolution into the record. Whereas the American Cancer Fund for Children reports that each school day, 46 children in the US are diagnosed with pediatric or childhood cancer. A tragic disease that impacts the lives of approximately 15,780 children and the families and friends who love them.

And whereas one in five children in our country will tragically lose their battle with cancer. Childhood cancer is the leading cause of death from disease and the second overall leading cause of death for children in the US. And whereas, studies have shown that 95% of survivors of childhood cancer have chronic health problems and 80% will have severe or life-threatening conditions due to complications from cancer related medical treatment by the time they are 45.

And whereas the cause of most childhood cancers are unknown. While genetic and environmental factors contribute, it is difficult to determine cause making research to develop effective prevention and treatments crucial. Community awareness and financial support are essential for families that are affected by childhood cancer, as out-of-pocket medical costs typically exceed $10,000 annually for treatment. And also require frequent hospital stays and extended parental absences from work to care for a sick child.

And also has a significant emotional toll on children and families. Local hospitals such as Cottage Children's Medical Center collaborate with non-profit organizations like the American Cancer Fund for Children, Inc. and Kids Cancer Connection, Inc., to provide comprehensive support to children and families undergoing pediatric cancer treatment. Now, therefore be it hereby ordered and resolved that this Board of Supervisors proclaims September as Childhood Cancer Awareness Month in Santa Barbara County and recognizes the human toll of childhood cancer and encourages residents to support children and families in our community who are affected by this disease passed and adopted today.

ElectedBob NelsonChairProposedvoiceprint 0.8729:48

Thank you. I believe we have Dr. Feinstein available

UnidentifiedUnidentified speaker 10Proposed29:56

Yes, thank you so much for having me today. First I'd like to just say thank you to the Santa Barbara County Board of Supervisors for your support it for Childhood Cancer Awareness Month. It really means a lot to the families we work with to know that the government cares about them. Sometimes these families feel very alone and the more support they have from their communities and at the governmental level really means a lot.

Raising awareness about childhood cancer leads to further advances in treatment and additional resources for these families, which is very important after hearing the resolution that a lot of these families need this additional support. These children and families are some of the most brave, courageous and determined people I've ever met. And these are things we should all strive to be even when we're not facing additional medical challenges.

So especially in times like these when We're all facing additional challenges from COVID, from the way the world is right now. It's nice to know that people care about these children and families and that you care so I just wanted to say thank you again.

ElectedJoan HartmannSupervisorProposedvoiceprint 0.8231:11

And thank you for all your work in this. When I was a girl, I volunteered as candy striper at the City of Hope where my mother worked caring for children with cancer and so I know the emotional toll it takes on caretakers and dealing with families and I think that support for them and the children is really critical. So thank you for drawing that to our attention.

UnidentifiedUnidentified speaker 10Proposed31:33

Thank you.

ElectedBob NelsonChairProposedvoiceprint 0.8731:38

Childhood cancer has touched the lives of many in our community and it's touched home in the 4th District. We obviously had one of our staff members a few years ago have her daughter pass away from cancer, and the cancer awareness that came from that was a powerful movement in our community And I just wanted to take an opportunity to recognize the Lexi Brown Foundation and the work that they do.

It's an important battle out there, and it's important that we're all working together to support these families as they go through this trials. Thank you. All right, that concludes our administrative agenda. Madam Clerk, do we have any general public comment today?

0:32 – 0:407 turns

CommentAmonProposed · by introduction32:36

Chair Nelson and members of the board. I do have five requests to speak under general public comment today and I would just like to remind members of the public who did register to speak under general public comment via Zoom to please log in now. We will begin in Santa Barbara with Sean Mortland to be followed by Katie Mickey

CommentSean MortlandProposed33:07

Good morning, Supervisors. Thank you for allowing me to come speak to you in person. It is nice to see at least part of your faces. I can see some of the smiles through the masks and the eyes. I thought coming in here that what I was going to be talking about wasn't really pertaining to any of the agenda items after listening. And I also want to make the connection but also thank the individuals that came to raise awareness about suicide and also to raise awareness about childhood cancer. I'm very, very passionate about helping children in a number of different capacities and I won't get into that now.

But that really hit home with me. It was very near and dear. And I want to salute all of you that are behind the effort to raise awareness behind The reason I'm here today, again my name is Sean. I am here to speak on or read on behalf of Leslie Weinstock PA and this is regarding the proliferation of wireless telecommunication facilities throughout our community.

Leslie's words who should decide the regulations for the placement of small cell wireless facilities proven to adversely impact climate change health Safety, security, fire risks, property values and the environment. Should it be telecoms whose primary goal is profit? Or should it be our local elected officials who know our communities and whose primary goal is the health safety privacy security and well-being of our residents?

Passage of state bills SB-556 and AB-537 will exacerbate the unconstrained proliferation of 5G small cells. Please go online to iPetition and petition Governor Newsom to veto SB-556 and AB 537, and sign the petition. Allowing the wireless carriers to write the laws are analogous to having a big tobacco CEO be the Surgeon General. Or having a former head of Pfizer head up the FDA.

Or having Exxon, Mobil, the coal companies, Monsanto, Bayer write the laws and direct the Environmental Protection Agency. There's an obvious conflict of interest there that we can see. And I believe the same thing applies to the local ordinances protecting us. Far too many wireless facilities are too close to homes without proof of significant gap in service they lack justification. I encourage you to drive down East Valley Road between San Ysidro and Sheffield and see how many of these so-called small cells have gone up. They're multiplying like rats, and pretty soon they're going to be in every front yard.

Site developers often mislead local governments to believe that they have little or no authority to regulate the placement of wireless facilities. Congress decided to explicitly preserve local government's authority to regulate Placement construction and modification of wireless facilities local governments have prevented irresponsible placement You can stand up to the wireless carriers in closing Leslie will be sending you a 39 page federal law based analysis of the city of Santa Barbara Municipal Code last sentence this document provides a detailed review of of the legal means to deny applications and ensure smart city planning based on the Telecommunications Act. Please read the entire analysis and meet with us to discuss it. Thank you.

Thank you for your time. That is your time, thank you.

CommentAmonProposed · by introduction36:45

We will now go to Katie Mickey to be followed by Joshua Medrano.

ElectedBob NelsonChairProposedvoiceprint 0.8736:51

Miss Mickey?

CommentKatie MickeyProposed36:55

Dear County Board of Supervisors, again thank you for allowing us to meet in person to make our public comment. Over the last 18 months of public comment, Safe Technology for Santa Barbara County has shared with you the need and the legal means to set restrictions based on federal law on the placement of small cell wireless antennas. Public health is our county's priority.

I too am very moved by our suicide prevention and our children cancer treatment declarations that were proclaimed earlier Yet, are you allowed to make policy decisions on the placement of small cell wireless antennas based on biological considerations? The good news is that there are many legally defensible reasons that you can base your policy decisions on where to place these wireless antennas.

By its own emission, the FCC does not have the resources to test the radiation emissions from wireless facilities. Wireless companies are free to cause their facilities to emit any level of radiation they choose The potential danger posed to citizens due to the utter void of actual FCC oversight over radiation emission levels is exasperated by the fact that applicants seeking zoning approvals often file false FCC compliance reports.

These reports falsely claim that a proposed facility will be FCC compliant, when in reality the facility may expose members of the general public to radiation levels that exceed the FCC's limits by several hundred percent or more. The County Code as it stands has no teeth to stop the rollout of the 5G small cell wireless infrastructure within feet of residents' homes. The officials who are charged to review small cell applications hands are tied, not by the Telecommunications Act but by our own code's abdication of establishing grounds of denial for these applications.

Our officials reviewing applications can only deny these applications if we state grounds for denial up front in our county code and provide adequate training. Andrew Campanelli, a leading national telecom attorney has prepared this 39-page memorandum federal law based analysis of Santa Barbara County City Draft Ordinance for Safe Technology for Santa Barbara County. This document provides a detailed sophisticated understanding of the legal means to deny applications and ensure smart city planning based on the Telecommunications Act and our zoning laws.

In follow-up to my comment, we are emailing each of you Andrew Campanelli's federal law based analysis. Our request is that you read the analysis and we look forward to meeting with all of you to discuss amending our county code. Thank you.

ElectedBob NelsonChairProposedvoiceprint 0.8739:52

Thank You Ms. McKee.

CommentAmonProposed · by introduction39:55

We will now go to Joshua Medrano on Zoom to be followed by Jeffrey Schwartz.

0:40 – 0:458 turns

ElectedBob NelsonChairProposedvoiceprint 0.8740:04

Mr. Medrano when you're ready

GuestJoshua MedranoTreasurerProposedself-stated40:10

Good morning. Can everybody hear me OK?

ElectedBob NelsonChairProposedvoiceprint 0.8740:12

We can.

GuestJoshua MedranoTreasurerProposedself-stated40:14

Great, well good morning to all of you. Appreciate this opportunity to be in front of this esteemed board. My name is Joshua Medrano the Executive Secretary and Treasurer of the Tri-Counties Building and Construction Trades Council and I have the blessed opportunity to be in front of you a few weeks back with regards to a countywide CWA and much to the community's pleasure we were able to get a three and two vote I'm here today because I want to make sure that the community understands that this is not a union monopoly money grab here. What it is, it should be a community money grab.

What it does is it levels out the playing field for multiple contractors to be able to come in and give a competitive bid using Apple's apps. I think there's something lost in translation here because we're not labor executives. Our board is made up of labor officers that have worked 20 plus years to get into the position that they're in, blood sweat and tears calloused hands.

We are labor. We do represent the community. So as a reminder to that community that we serve, we are here to answer any type of questions that you may have. We're not hiding in the shadows. We're here in front of you and we're asking, we're begging, we'r e pleading for you to speak with us to get that education that you need. I want to encourage Supervisors Bob and Steve to contact us whenever you have an opportunity. We would love to sit down, have an open conversation And hey, sometimes we could agree to disagree.

But until you have all the information in front of you, let's not go jumping to conclusions and make any rash decisions. So again, we are here in support of a countywide CWA and we appreciate those of you who voted yes to move forward. And we're looking forward to educating those that need a little bit more on their plate. Thank you very much for your time.

ElectedBob NelsonChairProposedvoiceprint 0.8742:32

Thank you, Mr. Medrano.

CommentAmonProposed · by introduction42:33

We will now go to Jeffrey Schwartz who is our final speaker.

UnidentifiedUnidentified speaker 2Proposed42:42

Can you hear me?

CommentJeffrey SchwartzProposed42:47

I would like to congratulate Supervisor Bob Nelson during the last session when he voted no on the latest measure for COVID tyranny That was a very good decision on your part and I liked what you said about it. Now for the rest of you supervisors, really it's time for you to see the writing on the wall about this. This is a quote from Carl Sagan. One of the saddest lessons of history is this.

If we've been bamboozled long enough, we tend to reject any evidence of the bamboozle We're no longer interested in finding out the truth. The bamboozle has captured us, it's simply too painful to acknowledge even to ourselves that we've been taken. Once you give a charlatan power over you, you almost never get it back. You guys I think who are perpetuating this COVID scam are just following orders from your political bosses above you.

You know, I don't know if you realize how serious this scam is. But it's going to affect you at some point and your family. Now people are now dealing with these un-American and tyrannical mandates from Biden. It's just ridiculous. These edicts are hilarious, desperate and unenforceable All the power of these tyrants, all their strength is irrelevant in the face of angry men who simply say no.

There are a thousand ways to beat a bully by not giving him what he wants which is control. This isn't about the vaccines it never was. The only public health crisis now is a public mental health crisis. The people who've been broken by the COVID-9 11 terror campaigns have their own issues to work out they can be forgiven They're terror, but it's time for the grownups to talk. The children can be excused from the table. So the opposite of hysteria is needed.

Basically we're just gonna say no. We will not obey tyrannical edicts. So you can say oh well we mandate everybody take your poison shot but thousands millions are going to just go say forget it. Doctors are gonna leave the hospitals Already, bus drivers have left and kids in some counties can't get a bus ride. People are just gonna be quitting their jobs because they know that there is power in simply saying no. So whatever you try to edict is not gonna work out and people are waking up every day to this scam. So it's time for you to see the writing on the wall and stop supporting this tyrannical anti-American agenda, thank you. Thank you, Mr. Schwartz.

0:45 – 1:0112 turns

CommentAmonProposed · by introduction45:56

Chair Nelson and members of the board that was our final request to speak under general public comment.

ElectedBob NelsonChairProposedvoiceprint 0.8746:01

All right thank you Madam Clerk. That concludes general public comment and the next item up is departmental item number one. Madam Clerk will you please read that item into the record?

CommentAmonProposed · by introduction46:15

Chair Nelson and members of the board, departmental item number one is from the county executive office. It is a hearing to consider recommendations regarding an update on the coronavirus disease 2019 COVID-19. All right

ElectedBob NelsonChairProposedvoiceprint 0.8746:29

thank you and I believe we have Dr. Doberonoso available?

UnidentifiedUnidentified speaker 11Proposed46:35

Yes good morning chair Nelson and members of the board may I have my slides madam clerk next This morning's briefing will include a recap of data from our COVID-19 dashboard and a preview of hospital data for August. And also with me this morning is Dr. Stuart Comer, our Public Health Laboratory Director to answer a few questions on testing next. This is our Santa Barbara County by the numbers. We are reporting 63 new cases as of September 13th, and that is a decrease from our two week average of 117. We currently are reporting 563 active cases, and that is also a decrease from our two week average.

We are reporting a total of 40,752 cases with our current case rate at 17.1. Unfortunately we did report a new death and this individual was 18 to 29 years of age and resided in Santa Maria. We have 66 community members hospitalized currently with 18 of them in the ICU. Our county experienced a loss of 489 lives through the pandemic due to COVID-19, and lastly our testing positivity as of 9 is 5.2.

Next. This graph captures our daily case rate over the spans pandemic. As I just mentioned, our current case rate is 17.1 which is a 25% decrease from the last time I briefed your board two weeks ago and at that point on August 31st it was 22.8 so I am cautiously optimistic that we will continue to experience this downward trend in our county next Our hospital capacity slightly improved this week, from 67% hospital beds used last week to current 65.5 in use this week.

Our staff ICU beds capacity also improved this week with a 79% of staff ICU beds used last week to 69.7 in use this week. So that's about a 12% decrease in the use of staffed ICU beds.

UnidentifiedUnidentified speaker 2Proposed49:57

Next,

UnidentifiedUnidentified speaker 11Proposed50:03

we currently have 66.6% of our eligible Santa Barbara County residents as fully vaccinated. So again, it's one in three eligible persons in Santa Barbara County is unvaccinated. So when we talk about actual numbers that would be 128,189 eligible Santa Barbara County residents who are not yet vaccinated. Next I'd like to share with your board this really neat graph of showing the relationship between vaccination and case rates. So on the bottom, you have the y-axis which is the vaccination coverage and then you have the x axis Which is the case rate per 100,000.

So if you look at the bottom of the graph that black dotted line going across represents the daily case rate of 10 per 100 thousand above that the red dotted line represents a 20 cases per one hundred thousand and then the purple dotted line represents the daily case rate of 30 per one hundred thousand So this graph shows a correlation between vaccination rate and case rate. So you can see to your right, the counties like Marin with higher vaccination rate typically will have lower case rate.

So if you go to your left these counties like Lassen, like King have the lower vaccination And correlating to that, they are also experiencing a higher case rate daily case rate than the counties on the right. So you can see right in the middle is Santa Barbara. We're writing in the middle. So this is data from the last two weeks we are in right above the red dotted line at about 22 cases.

And so our hope is that as we increase in our vaccine coverage moving towards the right, then our case rate will also correspondingly be lower.

ElectedBob NelsonChairProposedvoiceprint 0.8752:35

Dr. Dobernoso, I just want to let the public know it's kind of difficult to see the print on this slide so anybody is wanting to see the specifics of what Dr. Dobernoso is talking about you can visit the County of Santa Barbara website and this presentation is made available on today's agenda so you guys can pull that up on a PDF and you guys can zoom in and see where Santa Barbara County is. It's a really helpful slide and thank you I just want to make sure the public knows where they can find it

UnidentifiedUnidentified speaker 11Proposed53:03

Thank you, Chair Nelson. Next. And this is a chart that I have shown your board in previous briefings So the state also shares with us our vaccination rates by zip codes. So the VEM, the second column stands for vaccine equity metric areas with one being the lowest. So our focus throughout the pandemic has really been on the one of the areas The zip codes with ones and twos because we want to make sure that residents living in these zip codes have access to information as well as access to vaccination in a culturally appropriate manner, in a linguistically appropriate manner really removing all barriers to getting vaccination.

So this graph shows just looking from the We are seeing a difference between September 7th, looking backwards to August the 31st. We are seeing a slight increase in most zip codes and next slide. So this is really the story. We are super excited that the zip codes that we have been working with in partnership with many, many community partners and organizations in outreach and in mobile vaccination clinics were really celebrating these increases in these particular zip codes Because we're seeing that our efforts are netting traction, we are seeing these are the most significant increases in all of the zip codes. And we are really happy to see that they occur in the vaccine equity metric areas. So the blue column represents the change percent change among partially vaccinated.

So what that tells us is that additional individuals living in these zip codes decided to get their first shot. And the orange column represents the percent change among fully vaccinated, so these are the individual's increases and individuals completing their vaccine journey. Next. With regards to current outbreaks, we are reporting as of this morning 57 active outbreaks.

11 of them among businesses with 25 outbreaks reporting in schools and 21 in congregate living facilities and these are throughout our county. Next. I'd like to share with your board the next few slides, these information data that we were able to obtain from CDPH for Santa Barbara County residents who are hospitalized due to COVID. Next. So for the month of August, we have 112 individuals, Santa Barbara County residents admitted for COVID. And 54 were at the Cottage Hospital 39 at Marion Regional Medical Center and 19 at Lompoc Valley Medical Center next The length of stay for these individuals range from same day and discharge to 25 days, and the median length of stay was four days.

Next. Of the 112 hospitalization we had 10 admitted to the ICU. And of the 10 ICU admissions one died during hospitalization. Of the 112 hospitalizations, nine died during their stay. Next. The August hospital admissions by gender we show that 59 individuals were female so about 53% with the remaining 46% being male. Next. August admissions by age group. We had five admits in the 0 to 18 age category. We had 15 hospital admits in the 19 to 29 age category. We had 24 in the 30 to 49 age category, we had 31 in the 50 to 64 age category in the 65 to 74 age category, and we had 22 in the 70 plus category with one missing each information. So what's surprising and what's different about about this graph is that around two thirds 67% to be precise represents admissions in among individuals 64 or younger So this is a shift that we had seen before and it's continuing.

Next, the overall median age of these 112 hospitalized individuals was 54 years but when we look at among the unvaccinated The median age was 52.5 years versus among the vaccinated, the median age was 80 years. Next when we look at these individuals by vaccination status 95 were unvaccinated So that's 85% of our August admissions for COVID-19 were unvaccinated, with 10 individuals fully vaccinated. So that's about a 9%. So what that tells us is that the vaccines are effective in keeping people out of the hospital Keeping people from preventing serious illness leading to hospitalization.

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ElectedBob NelsonChairProposedvoiceprint 0.871:00:11

Dr. De La Russo, I want you to stay on this slide just for a minute because I think a question that I had for you that I think is important for the public to understand is these numbers are numbers of people who were admitted into the hospital with COVID as the symptom. It wasn't somebody that was getting a surgery that happened to have COVID. These are COVID specific cases. Is that correct?

UnidentifiedUnidentified speaker 11Proposed1:00:35

That is correct, Chair Nielsen. These are only hospital admissions for COVID.

ElectedBob NelsonChairProposedvoiceprint 0.871:00:41

All right I think that's important because I know that sometimes these numbers can be skewed by asymptomatic patients that are possibly hospitalized for something else besides um for COVID so i think this is a um this is the story I think is this slide and I just wanted to take that opportunity to answer that question in advance thank you thank you

1:01 – 1:212 turns

UnidentifiedUnidentified speaker 11Proposed1:01:04

Next, so the summary of our August COVID-19 hospital admits and again this is data from CDPH. There were 112 admissions most hospitalizations occurred at cottage 53% of admissions were female with 47 male 61% of admissions were over 50 years of age. And the age group with the most admission was 50 to 60 year olds, followed by the 30 to 49 year olds and the 70 plus year olds. And again 85% of the hospital admissions for COVID-19 were unvaccinated And this is really reflective of statistics that we're seeing statewide and also across the nation as well.

Next, I'd like to update your board on our testing next. So one of our priorities is to continue to ensure that our community has access to testing. And we continue to work with schools and employers to make sure that they seize the opportunity To contract directly with the state for free COVID-19 testing so that our community sites are not so impacted. But regardless, we continue to make available community testing at our Goleta testing site or at our built in testing site at the Santa Maria Fair Park And in addition to these, we have two testing sites at our health care center at our Santa Barbara Health Care Center and at our Lompoc Health Care Center. And any day now, we will get that additional mini bus from the state to park at direct relief.

Next. I'd like to introduce your board to Dr. Stuart Comer, if you've not had the pleasure to meet with him. Dr. Comer is a renowned expert pathologist and microbiologist who just happens or very fortunate who happens to be our public health laboratory director. And as your board may recall, the Santa Barbara County Public Health Laboratory Provides laboratory testing services and support for community health providers to aid in the diagnosis and control of communicable diseases. Our public health laboratory also plays a key role in emergency preparedness by providing testing services, training and support for area laboratories especially during a time such as this.

And with that, Dr. Comer?

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UnidentifiedUnidentified speaker 12Proposed1:04:21

Thank you, Dr. Dobernoso. Thank you very much and good morning to the Board of Supervisors appreciate this opportunity to speak with you this morning. There are a few series of questions that have come up that we thought Dr. Dobernoso and I thought might be helpful if we tried to address and so we will go through that. The first one is our antigen test only accurate and suitable for symptomatic individuals and Early on during the COVID pandemic, all tests submitted by the vendors for FDA emergency use authorization were for symptomatic patients. However it became very clear that SARS-CoV-2 is a very different virus than a lot of other respiratory viruses and that a significant percentage of patients actually are pre-symptomatic or in many cases purely asymptomatic during the course of their disease So consequently, you know, physicians and health care providers pretty much ended up testing these patients both symptomatic and asymptomatic under a variety of different infection control scenarios.

And the FDA pretty much, this comes from their website as of the 7th of September. The antigen self-test is individuals with and without symptoms and it applies to so many of the tests that are currently on the market. So just like a lot of the molecular tests, the antigen test which is an immunoassay is available for both individuals with and without symptoms. Next slide please.

This one is just to share with you, there are at least 15 different unique antigen tests that the FDA has approved. And I just want to share with you some of them are home tests and commercial tests so they're the same test that have FDA EUA approval. So if you go to the site, you will see more than 15 but these are ones that are unique tests And I broke them up into three tiers in terms of their test sensitivity or percent of agreement, positive percent agreement.

And I just want to let you know that the county uses as a state the Abbott BinaxNOW, which is one of the top three performing antigen kits there on all greater than 97%. of sensitivity, and that's extremely encouraging in that regard. And Dr. Stensel has made it very clear that the, and he's a director of in vitro diagnostics at the FDA, that they don't even, they won't even give EUA authority by the FDA on test sensitivities less than 80%.

So you can see that's where the third tier is in that bottom portion. But very, very good. Cottage uses Lumera which is right next to the Abbott Binax now so Santa Barbara County is actually well served by their use of antigen tests. I just want to bring your attention That antigen tests and this is some unpublished testing and research done by UC San Francisco. They actually tested the Binax now against a molecular test, common molecular test using CDC protocol Also showed that they could actually culture the virus. So SARS-CoV-2 can only be cultured in a biosafety level three lab, so there are very few labs that actually meet those requirements but UC San Francisco has that. So there's a very small percentage of cases where you'll be antigen negative but you will have a positive nucleic acid test and you'll be able to culture the virus, but it's actually a very very small percentage.

The one advantage of course to antigen we'll talk about this toward the end of this presentation Is you can have a situation where you get very low viral loads remnants of the virus that you can pick up by very sensitive molecular tests. And the question is, is it transmissible? Is that virus transmissible and 1 of the potential advantages of using the antigen test is that you generally have to have an intact virus or variant particle.

In order to get the test to test positive. So in that sense, there's a strategy utilized by both public health and by different infection control entities within Santa Barbara County that utilize antigen testing for that purpose so that you can end up with low viral low or high CT values which are antigen negative and so they feel comfortable in that context that you probably are not transmissible. And that's an important adjunctive approach to utilizing that.

Next slide, please. This next slide is a little bit you know why was the PCR designed to detect COVID-19 infection? And I will tell you that all viral upper respiratory infections, we're talking about flu, adenovirus, seasonal coronavirus, respiratory syncytial virus, all of the standard rhinovirus, you know all of it the viruses that cause upper respiratory infection Including the common cold, are all tested now by viral PCR techniques. So in other words you're actually using a PCR based technology of interest. All five hospitals in Santa Barbara County so that's Marion, Lompoc Valley and the three cottage hospitals all use the BioFire. And the BioFire recently actually was it's been this year as of March The FDA granted them not emergency use authorization, but the traditional 510k FDA approval.

So this is a fully approved that you it's the bio fire which again all five hospitals utilize in there they utilize it because it's very accurate. It tests for multiple viruses. It's PCR based and it's very timely and it's absolutely tremendous testing platform or analyzer to be utilized. And I just wanted to point that out, that it is currently the best these PCR-based testing platforms or analyzers are the best testing methodology commercially available. For those of you that are older, you will remember that we used to test viruses by doing cultures of the virus using shell cultures or inoculating different types of cells, monkey kidney virus etc. or monkey kidney cells excuse me but please remember that SARS-CoV-2 needs a biosafety level 3 facility in order to do that so a lot of these viruses that we test and would like to know answers for cannot be done By the gold, gold standard which would be you know actually culturing the virus but that also takes several days.

It takes special equipment, special facilities and takes several days so from a perspective of infection control in public health it's not very effective so yes COVID-19 was in fact tested by PCR just like H1N1 was back in 2009 and so I would just say that that's probably the answer that you're going to end up getting. We will talk a little bit about the PCR and some of the limitations to that next slide, please.

Does PCR produce enormously high numbers of false positives? The answer to this, and I present this for your the following information to you. I think an ancillary question to this that has come up, I think in the Board of Supervisors meetings and certainly in the media has been some people have quoted exceedingly high levels which they say that the PCR is indeterminate And I can tell you that Pacific Diagnostics Laboratory has performed over 200,000 tests since March of 2020.

And our rates of indeterminate is less than 0.03%. That's 3 in 10,000. So when people quote high percentage indeterminates, I don't know where they're getting that information because I can also speak for my colleague up in Marion, they have the same testing platform so their indeterminate rate is actually very similar to that. Very few. And I just want to also mention for the members of the board, it's very important that we understand that there are no inpatients or healthcare workers or staff at any of our hospitals, five hospitals that carry indeterminant. We would not allow them into the four walls of our facility. Basically it's very clear that we use alternative testing platforms to adjudicate their testing status. So it's very important that we understand That we don't allow indeterminants.

There are cases where if you're tested once by an outside facility and they don't utilize independent testing platforms, they may not adjudicate that and it may go out as indeterminant so we do understand that but I can speak for Santa Barbara County all the hospitals in the main testing areas in Santa Barbara. We don't have anywhere near that rate. If you look at that When you look at the PCR test, again we talked about that in the last slide. Basically all the major infectious viruses are tested by PCR method. I would submit to you that this is a very interesting publication and just summarize it for you. If you look at the false positive rates among the tests for other tests like dengue, Ebola, Zika, H1N1, MERS, the original SARS-CoV-1 they have much higher false positive rates than does SARS-CoV-2, our rates are less than 1%.

In many cases, it's a mean of about 0.6%, which is extremely low. That's about where measles is. So just to give you a sample of that, just to show you that we do not have enormously false positive rates. There are false positives. It's very important to recognize that. But there again, as a laboratory, you're supposed to find out and adjudicate those. But yes, there is a false positive rate but it's at a very small percentage. Next slide please.

This next slide is just to share with you again, the fact that this is a study I obtained that was recently published but it was done up in Canada and Alberta. And they tested over 95,000 almost 96,000 unique patient samples and they had less than 0.06 discord rate. And I thought it was the reason it's important because they used a PCR method. It was one testing method And it was one testing lab and I thought it was very, very helpful to show that. Obviously there's going to be discord rates higher in other areas because we have over, you know, we have almost 200 different assays in the United States that are used so I can't speak to different platforms all we can speak for the ones that I'm familiar with in Santa Barbara County.

I'm going to go to a series of two more slides that, and I apologize they're very detailed but I hope I can demonstrate some of the key features that we hope will be helpful in terms of determining different testing strategies for assessing acute COVID infection. One of the issues that people bring up is the issue of high CT values which is equivalent to low viral load And sometimes you see this in late stage COVID. And the question is, is it transmissible or are you simply amplifying viral remnants or sub-genomic elements of the SARS-CoV-2 virus? And the answer to that is yes, that is true and this is why we're going to talk a little bit about different strategies that people utilize for actually reporting that out.

We'll talk about how different test vendors have they, how they've done that with the FDA and some in some cases different labs. And I'll choose the public health lab down in Valencia which does a phenomenal amount of testing for the state of California. They use a cutoff value is a little bit different than the IFU but they do so because for very specific reasons.

I think we talked about the fact that, you know, antigen testing is a nice adjunctive test. You will miss small numbers of them. They'll come up negative when in fact you can show that they are culturable by viral culture and also positive by CT but it's a very small percentage. Next slide please. This is the next penultimate slide in my deck here. I just want to share with you two different Barbara County Board of Supervisors meeting.

And the purpose of both of these is to show you that when you get to certain CT values, and it's important that you understand the CT values are not always the same across different platforms. So when I published these two different studies they're both using the CDC protocol based testing so they are equivalent for the purposes of this. And they found that basically once you get a CT value greater than about 34 in most cases you don't tend to show culturable virus CDC did show one case where they had a value greater than their cutoff of 33.

Other people have reported CT values of 35, so if you look in the range of 34-35 once you get CT values higher than that which means you have less viral load the question is if you cannot culture the virus and people question whether or not you can transmit the virus? Now what's nice is that several of the antigen tests tend to try to cluster around a similar CT value where they start going negative in ranges higher than CT of 33. We did our study of the Lumera antigen test at PDL and found that about 34 is when we lose The ability and that's actually good because then you look at it and go well if your CT value is greater than 34, the chances of you transmitting a virus because you can't culture it is pretty good. So that's the purpose of this.

And the next slide please. This is the last slide I just again a little bit busy and I apologize to the members of the board but sometimes it helps This is actually, these are real curves from the actual PCR test. And you see that in the right hand side, you see these curves across this green line that goes horizontal? That horizontal line is actually the level at which you if it crosses that and your cycle number is less than a certain value, then it's considered positive. Now what's in the inset I annotated as the standard curve. That standard curve actually means that you can tell somebody how many viral particles you have per ml of fluid. So these PCR tests are actually then Deconstructed to know how many viral particles you have. Once you do your test, you can say okay when I get a certain cycle threshold, I can tell you how many for this particular test with this particular assay.

This particular lot of reagents, I can tell you how many viral particles I have. So the question then becomes, if you have a CT value greater than 35, is it transmissible? If you can't grow the virus in culture then people say I don't know. I just wanna tell you that there's certain labs and the Valencia lab was one that chose when their CT values greater than 38 and the range of 38 to 42 they call it presumptive positive. And there's nothing wrong with that because they basically show that they can't replicate with over 95% or higher The times that they can get, if they did the test 100 times. They're expecting that they would get the same result at least 95 or more times and so they basically chose to say it's presumptive positive and so some people say hey I've seen a lot of presumptive positives as well is because they chose to do that but there's a certain rationale behind that whether you know some not all laboratory directors agree with that but i just thought i would share that with the board so they would understand that But again, when you have low CT values in that range of 35 or less, you should actually be calling all those positives by PCR.

At that point I will open up for any questions and thank you for your time to the Board of Supervisors.

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1:21 – 1:269 turns

ElectedBob NelsonChairProposedvoiceprint 0.871:21:08

Thank you Dr. Comer. Supervisor Hart?

CommentRenee O'NeillProposed · by introduction1:21:10

Yeah

ElectedBob NelsonChairProposedvoiceprint 0.871:21:10

I

CommentRenee O'NeillProposed · by introduction1:21:10

just want to thank Dr. Comer for again being available to answer these very detailed, answer these common questions that we have gotten at board hearings from many different members of the public with some really technical substantive answers. You know this is I think needs to be a permanent part of the board presentations. We continue to get Really interesting comments from folks, public comment and through emails. I think that's reflective of the national conversation about the moment we're living through and the only thing we can do to answer those questions is to dig in and be substantive and careful and thoughtful. And Dr. Comer is always that way and I just really appreciate him taking the time to talk us through You know the science behind these questions, they're not simple answers because these questions are framed in a simplistic way and it's important to take time to unravel that And make it clear, how many people around the world are working on this and what level of degree of certainty is part of the medical science that's being aimed at this global disease?

And how some of the things unfortunately that are being said are just so untrue. And it's important to tell the truth and tell it directly and tell it clearly. I'm here to help us answer those questions.

UnidentifiedUnidentified speaker 12Proposed1:22:46

Thank you, Supervisor Hart. I was going to say, I apologize there's one additional question it had to just do with the swabs and I do apologize to the board. It was in the last slide of that and the question was are they coated with cancer-causing chemicals? And one of the materials used is rayon as one example. The answer to this is that the swabs we use are the same swabs that we've been using for decades for a host of infectious disease testing The answer truthfully is yes. Is it possible that you can have a byproduct of dioxin? The answer is yes. But the point being is that the FDA, nor the CDC, nor the EPA have shown that there's percutaneous marine halation exposure to that.

So you can make that statement but the consequences of that are not clear as it applies to the testing so I apologize if I just wanted to bring that out at the present time there's no federal agencies that have said that there is a problem with the swabs and we've been using these same swabs for decades thank you so much

ElectedBob NelsonChairProposedvoiceprint 0.871:23:48

Thank you Dr. Comer, Supervisor Lavanino and Supervisor Williams.

ElectedSteve LavagninoSupervisorProposedvoiceprint 0.821:23:51

Thank you Mr. Chair and it wasn't part of our presentation but it's a stat that I always like to look up on our dashboard because it was mentioned that 66.6% which is we got to get off that number 666 so somebody has to go out and get a vaccine today but that's the percentage of folks that are fully vaccinated To the dashboard and 75.1% of people now have taken at least one shot, so that's I wasn't sure we were ever going to get to that 75 but at least that tells you that 75% of people believe in the vaccine that they're willing to go take a shot. So obviously we have to get those folks their second shot and make sure that they are fully vaccinated but I know the outreach is being done on that.

It's easy to get caught up, especially at our meetings and listening to dissenters, especially loud folks that are very passionate. But I think it's also important to remember that we're gonna close in very soon on 80% of the people in this county being vaccinated that are eligible to be vaccinated. And I think that's amazing work done by a lot of people, folks that are hesitant.

I think our, with the information that's being provided like we just had. That was maybe for me a little, I know we have to answer with technical information. I got to be honest with you, a lot of that was over my head and I think that's part of this is it relying on folks that do understand this and that are This is what they do as opposed to me trying to explain it to somebody. I appreciate the fact that we have Folks that whose life work is working on something like this in our meetings, providing information. So I just think it is a positive that we are moving in the right direction and I appreciate all the work that's being done in that regard.

ElectedBob NelsonChairProposedvoiceprint 0.871:26:01

Thank you Supervisor Lavenito. Supervisor Williams?

CommentRenee O'NeillProposed · by introduction1:26:04

Well, I do think that things are looking better both in terms of our numbers of infections. I do want to ask a question about that. What is the time horizon for the 63? Because some members of the press have reported that over there were over 300 infections in over the weekend so I just want to know what the time horizon is and if that was just different days or if that is not correct, and if so it would be great to have you correct that.

1:26 – 1:3713 turns

ElectedBob NelsonChairProposedvoiceprint 0.871:26:42

Any questions for Dr. Doe-Renoso?

UnidentifiedUnidentified speaker 11Proposed1:26:45

Yes. Chair Nelson, let me start over. Supervisor Williams through the chair could you please repeat your question

CommentRenee O'NeillProposed · by introduction1:26:59

Yes, a member of the press has reported that there's over 300 infections in the last three days and your number is 63. Is that a different number of days or is that press report wrong? And of course if it's wrong can we make sure it gets correct?

UnidentifiedUnidentified speaker 11Proposed1:27:19

Yes, we will make. We will verify the numbers but I'm not sure where the press got their numbers but typically when we have our daily cases are reported cases when it is adjudicated and assigned to episode date then that number gets reflected as an episode date versus the daily reporting. That's when we get the lab results So, we will clarify with the media on that.

CommentRenee O'NeillProposed · by introduction1:27:50

Great and then you know just I know things are going better. I think though we're gonna need to have real determination and still strong work to get to a higher level of vaccination. It's generally the case that the last people to convince to vaccinate are harder to convince than the first people it's gonna slow down again And it's going to take some outreach because a lot of people that haven't gotten vaccinated, it's not for ideological reasons. It's for other reasons that people have busy lives they're barely making it often barely surviving it in Santa Barbara so sometimes it's a matter It's a matter of convenience, it's a matter of how many people in the household can all do it at once. It's getting time off work. All those kind of things and so I think our outreach is still really important and I still want to see some follow-up in that regard.

Those numbers that were provided two weeks ago to me are super Squishy 40,000 walk contacts is enough that every household in the whole county should have been walked for that number of people. And so they must be counting those numbers weird and every household did not get walked in the county. So I want to see us do more outreach because it's good that we're spending effort correcting the misinformation.

Misinformation is its own kind of public health emergency, but a lot of this is just about pounding the pavement. It's just about reaching people where they are and expecting people to be always proactive You know, those of us have ever worked in the election. You know people aren't proactive all the time. They've got a lot of things going and I think with public health and vaccination we need to reach them where they are.

ElectedBob NelsonChairProposedvoiceprint 0.871:29:58

Thank you Supervisor Williams. Supervisor Hart and then I have a couple questions as well.

CommentRenee O'NeillProposed · by introduction1:30:02

From the comments of my colleagues, I think it would be great to have Dr. Comer just quickly summarize the key information from his presentation. What is it the public wants to know about testing?

UnidentifiedUnidentified speaker 12Proposed1:30:17

Thank you, Supervisor Hart. I think that the key message is one PCR technology is not perfect but it is absolutely the commercial gold standard that's available and it is the most commonly utilized testing methodology for all upper respiratory viruses including the original SARS-CoV-1 Ebola etc So I think that's the first item. The second item, I think Supervisor Hart is the indeterminate rate as it applies to Santa Barbara County is exceedingly low. It is not high in terms of PCR. So that I think is extremely important to recognize. We don't know where that figure came from but we certainly have our own figures and I can speak for Dr. Kevin Ferguson up in Marion, and they have similar figures to what we have. So I think that's point number two.

Point number three is antigen as well as PCR tests are applicable both to the symptomatic and asymptomatic because as we understand SARS-CoV-2 is a unique virus where you can have unlike most upper respiratory viruses when your symptomatic is also when you had your highest viral load And usually you always can detect it until it goes to undetectable. SARS-CoV-2 is very different, you could be asymptomatic and have high viral loads or low viral loads and you can go through a period where you end up not being negative and then coming up the next day and being positive we call it intermittent shedding of the virus.

And that's something that is somewhat unique to SARS-CoV- 2 I think it's also important, I think Supervisor Harding in this same scenario was at The testing is very complex and SARS-CoV-2 is a very unique virus, and I hope that's what we try to pose to that. And I think I would leave it at that sir so thank you. Thank you very much.

ElectedBob NelsonChairProposedvoiceprint 0.871:32:17

Thank you Dr. Comer. A couple questions for you but first a comment you know this makes me I don't want to lament not spending more time studying in microbiology, but I think it's helpful for the public to see someone like yourself understanding the subject and issues around testing and really can speak as an authority. To me it provides a lot of confidence and I hope it does for others.

Can you speak a little bit about You were actually made some comments in a news article this week about testing, especially when we have this conversation here at the county about testing vaccinated versus unvaccinated individuals. And would you mind expanding on that a little bit more for the public?

UnidentifiedUnidentified speaker 12Proposed1:33:06

Sure, sure Nelson. One of the issues is, you know we basically for unvaccinated health care workers if they've chosen again now this is going to change at the end of this month but but you know we have been testing unvaccinated healthcare workers surveillance twice a week so that we understand that whether or not they have virus or not. So we don't transmit it to members within um to our patients or to other staff members within the hospital So I think that's the one issue between the vaccinated and unvaccinated.

The other issue that we, that I wanted to bring out is Chair Nielsen is this virus mutates like a lot of viruses and One of the things that the FDA particularly is tremendously concerned about, as we all are, is what happens if we start getting mutations of this virus such that the current portfolio of tests that we have no longer detect it. We do not have...we have a very few tests, Chair Nelson, Do show a decrease sensitivity, but it is still capable of detecting it. We have yet by the FDA to have any significant testing platform not be able to check the original WA1 virus which was the alpha all the way through the current mutant so that was the other thing I wanted to point out at the present time all of our tests still pick up the virus that's extremely important but We are aware of the fact that you could have a mutant that one, evades basically immunity and two, evades the ability to detect it.

We have not got it from the testing side. So I think that's the other issue that I hope we made clear. And we still have, at Cottage, we test all of our inpatients every five days. Patients that were negative We test them every five days to ensure that we don't give them COVID. This is really a credit to Dr. Lynn Fitzgibbons and Dr. Dave Fisk and Mr. Ron Wirth who've imposed this because that's you know, we basically test these all of our patients have been in five days so that we ensure that we don't give them COVID uh and that somehow we haven't had a staff member give You know, a health care worker staff member of the hospital give a patient COVID. So I think that was the other thing I tried to convey so we do that kind of testing to ensure the integrity and then the final item is that you know none of our staff members physicians or patients come in with an indeterminate they do not carry indeterminant characterization because we test all them with independent platforms.

We have an absolute answer for every patient And I know Dr. Kevin Ferguson would say the same thing for Marion. I'll leave it at that, Chair Nelson.

ElectedBob NelsonChairProposedvoiceprint 0.871:35:52

Okay and I know you got to go but just one last question for you. You're quoted as saying we're never going to get to a COVID zero and I wanted to understand that a little bit better because I think that's one of the feelings out in the community is if we get enough people vaccinated we're gonna eliminate COVID from our lives. I don't necessarily agree with that but I would love to hear what do you think?

UnidentifiedUnidentified speaker 12Proposed1:36:16

Yes, sir. I think the difference is since this virus continues to mutate we do know that some of the newer mutations that the vaccine that was developed against the spike proteins of the original alpha variants were the ones are the most effective. We know that they were 90% or higher. We do know for a fact that some of the new variants of the vaccine efficacy is lower there's no question about that well so our point to this I think chair Nelson is As this thing mutates, we just don't know. We know that at some point it's going to be very difficult to get pure You know, pure a vaccine that is so incredible that it can get all future mutants just like we have H1 you know just like we have influenza. We alter the H and N components of our vaccines every year to the best of our knowledge so that we pick the most effective vaccine but as you know Chair Nelson influenza is not uh vaccine is not completely effective and I think that will probably be true of SARS-CoV-2 as well because it will continue to mutate

ElectedBob NelsonChairProposedvoiceprint 0.871:37:20

Thank you for being generous with your time. I understand that you get back to work, so I appreciate that. So just let everybody know Dr. Comer will not be available for any follow-up questions but I think we also want to go to the public this time.

1:37 – 1:4410 turns

CommentAmonProposed · by introduction1:37:38

Chair Nelson and members of the board, we have four requests to speak under this item. I would just like to remind members of the public who did register on Zoom to please sign in now. We will begin with Jamie Davin on Zoom to be followed by Jeffrey Schwartz.

UnidentifiedUnidentified speaker 11Proposed1:37:53

Actually, Chair Nelson, I have one more slide to finish my presentation if I may.

ElectedBob NelsonChairProposedvoiceprint 0.871:37:59

All right. My apologies. Go ahead Dr. Dovrinoso and then we'll go to the public.

UnidentifiedUnidentified speaker 11Proposed1:38:04

Great. Madam Clerk, may I have my last slide? Next and next. There. And thank you, Supervisor Williams for your comments on the critical importance of outreach. Public health and our community partners are using different strategies to reach the different groups of the yet-to-be vaccinated community members. So for instance, we are partnering up with Fighting Back Santa Maria and Good Sam to host a vaccination clinic for the unsheltered, and so that will be on Wednesday.

And we will be offering both the Pfizer and the J&J COVID vaccine and the flu vaccine. And Fighting Back Santa Maria has been doing the outreach And we'll be providing the incentive. Incentive gifts for us as well as good Sam and our other providers are doing the outreach to your right, we August was back to school and so we seize on that opportunity to really partner up with variety of different community partners and schools Do capitalize on the return to school, kids being safer and partnered up with all the different schools and sites. And we were quite successful. In reaching out to two different community communities around our county, and so we will continue to do that. And I'm hoping at the next board hearing or the one after that to just really bring together and show our different partners that have been engaged in our outreach efforts So that your board will get a flavor from and hear directly from our community experts.

Thank you.

ElectedBob NelsonChairProposedvoiceprint 0.871:40:20

Thank you, Dr. Doranoso.

CommentAmonProposed · by introduction1:40:25

We will now go to public comment on Zoom. We will begin with Jamie Davin to be followed by Jeffrey Schwartz.

ElectedBob NelsonChairProposedvoiceprint 0.871:40:35

Jamie when you're ready.

CommentJamie DavinProposed1:40:41

There we go. Can you hear me?

ElectedBob NelsonChairProposedvoiceprint 0.871:40:42

We can.

CommentJamie DavinProposed1:40:44

Great, hi thanks for hearing me this morning and I really appreciated that presentation and look forward to kind of looking over in more detail. I was raised here born and raised here in Santa Barbara and I do have a few questions hoping that we can have some discussion And some answers to them as well. My first one is, you know what is our end goal? So at the beginning it was to flatten the curve and make sure that hospitals weren't overwhelmed and people could do their jobs and meet the needs of our community. And it seems like that's changed and now my question is are we trying to stamp out all cases?

So what is going to constitute being able to end the masks, not have a vaccine passport or the vaccine mandates? Allow our kids to breathe freely in schools. Is it a certain number of cases? Is it everyone being vaccinated? And I also had a question on you know for the people that have had COVID and have recovered You know, that wasn't really spoken to it. We're we have really great vaccination numbers but you know a lot of people have had COVID and it's showing that their immunity is better than the vaccine so why is that not being taken into account? And I don't Is it, are we just wanting to get 100% vaccination regardless of people that have had COVID?

So when everyone says when we get out of this I'd like to know how we will know when is. As for the hospitals it seems like in Santa Barbara We've never really gotten to the situation where COVID completely overwhelmed us, which is amazing. And I think right now the biggest issue we face is the fact that we're losing health professionals, nurses, doctors, they're leaving the state or the traveling nurses won't come because of the mandates. So my friend who is an RN at Cottage said there are currently like 50 plus job openings for nurses at Cottage and they can't fill them. They've been open for months, and it doesn't sound like COVID is really our issue at the hospital. It sounds like we can't really retain our health care workers So I'd like to know how we're mitigating those issues because that's a really big issue, not only for COVID but for just people in general not being able to have people see them if they're coming to the hospital.

And my last question is around monoclonal antibodies so that's been showing really great promise for treating early COVID and i've been calling around to my doctor To Goleta Cottage to downtown cottage if that's an option for treatment. And it seems like it's only an option if you're over a certain age or a certain BMI, but I think this should be something that's offered for everyone. We shouldn't have to have a super severe case in order to have proper treatment. I think everybody deserves to have treatment, especially early on. That's what showing to be really effective.

Other places have monoclonal antibody treatment centers where you can go and receive the care that you need. So I think the vaccine is one way of preventative and everything but there are so many other ways that we should be treating and can be treating people that do get COVID whether they're vaccinated or unvaccinated. Thank you so much.

1:44 – 1:5616 turns

CommentAmonProposed · by introduction1:44:03

We will now go to Jeffrey Schwartz, to be followed by Justin Shores who will be our final speaker.

ElectedBob NelsonChairProposedvoiceprint 0.871:44:10

Mr. Schwartz you ready? Can

CommentJeffrey SchwartzProposed1:44:15

you hear me? We can. Hi your public health teams locally statewide nationally it's like a ship it's a ship run by fools it's a ship of fools and it's running into the iceberg just like the Titanic guys I don't know what you're doing. You have this expert telling you about how specific these PCR tests are, but he didn't mention the difference between analytical and clinical specificity. Now according to the Annals of Internal Medicine 1997 pages 91 through 94 sensitivity and specificity reconsidered it says That imprecise usage of the term sensitivity produces confusion.

And in addition, that it says that if you're going to talk about it, you should specify are you talking about clinical sensitivity or analytic sensitivity specificity? Your experts don't do this they're fools okay now in addition Your health officer has lied. He said nobody of any significance is disputing the validity of these platforms. There are 20 who have put in a paper into Euro surveillance, including microbiologists, immunologists, virologists, professors of universities saying this test cannot be used as a diagnosis It's useless as a specific diagnostic tool.

Basically they tore the things apart and your officers are saying, oh don't look at them. Don't listen to any other doctors only listen to CDC and WHO you have blinders on. You're not listening to other doctors. You're censoring other doctors. You taking away their licenses. You firing anybody who doesn't believe this religion of COVID It's now a belief system, it's a religion and you guys are headed towards the iceberg. You're gonna sink. You're gonna sink yourselves and the rest of this world with this crazy tyrannical program. Thank you.

ElectedBob NelsonChairProposedvoiceprint 0.871:46:40

Thank you Mr. Schwartz.

CommentAmonProposed · by introduction1:46:43

We will now go to Justin Shores who is our final speaker.

UnidentifiedUnidentified speaker 13Proposed1:46:50

Hi thank you. Thank you so much. I just want to maybe throw this out there that medical censorship is the real public health crisis right now, because when I've been talking to the doctors and people in town that are getting threatened to speak out against the Health Department, De Re No So and Ansorg and all the upper levels of our Santa Barbara Public Health, They're getting threatened to lose their jobs if they even speak out against this stuff. Dignity Health today just notified people to fire them, if they prescribed hydrochloroquine or ivermectin. This is a hospital firing people for unknown treatment. This is internationally known.

This is crazy, guys. How can this be happening in our community? How can you guys say that all these doctors and nurses that have spoken out at these board meetings are lying? That they're just misinformation. These are people that have never been politically active. They've never had to come to your meetings before but when we come to your meetings, we tell you stuff and then you say, you're lying, you're lying. Listen to our experts only.

That's not how it works. That's not how this should work. We need rigorous discourse on this stuff So I would submit that medical censorship is the public health crisis right now. People need to be informed, we cannot just listen to your sources. The force is different than choice does if you're happy about the numbers going up lately it's only because you've forced people. I got threatened to lose my job yesterday So now I have to decide whether or not to have a livelihood, or take the shots.

That's why the only reason people are taking them right now is because of force. Because we've all been watching this the whole time. We're not going to be educated any further with you knocking on our doors. We've made a decision so now a lot of us are going to lose our jobs We're gonna hurt the economy over a medical thing that you guys have not let discussion out.

There's doctors right now that are now being silenced, I used to talk to a lot more and now they're all afraid to lose their licenses because they've been threatened so hard. It's really sad you guys it's just if you could please open the discussion stop calling everyone else liars is not agreeing with you it's not how it works. That's not discourse, that's not a discussion I've asked Dr. Ansor to have a panel.

I'll bring doctors from here and from everywhere else, let's have a public panel. Stop just force feeding your information to us and calling us liars. There's intelligent people on the other side. We have made a decision and we will keep making our own decisions because we're critical thinkers We'll adapt if we have to lose our jobs. Smart people are going to leave your community because you're forcing this and gleefully, gleefully thinking that that's the solution but crushing, crushing people.

You guys need to realize how this is affecting minorities as well. Thank you Mr. Short.

ElectedBob NelsonChairProposedvoiceprint 0.871:50:11

That is your time. Thank you. All right.

CommentAmonProposed · by introduction1:50:16

Chair Nelson and members of the board, that was our final request to speak on this item.

ElectedBob NelsonChairProposedvoiceprint 0.871:50:20

Okay any further back to the board for questions or comments? Supervisor Hart, Hartman and Lavinino.

CommentRenee O'NeillProposed · by introduction1:50:28

Yeah I just appreciate folks commenting I hope they're learning things and I think it's important that we continue to do this you know last week we had a lot of people come and speak to us and they you know that we boiled it down to these three pretty simple questions you know number one are antigen tests accurate for asymptomatic individuals Dr. Comer is here to tell us the truth that yes, they are accurate to a 97% level for symptomatic and asymptomatic people.

Other folks said PCR tests don't work and have very high false positive rates. Dr. Comer said today no, that is not true. PCR tests are the gold standards and are accurate and reliable at a 99% rate. We also had people literally say to us last week that nasal swabs are injecting cancer-causing materials into sinuses. Dr. Comer explained today, no the nasal swabs that are used as part of the antigen and PCR test are the same nasal swabs that have been used safely for decades so we'll continue to share the truth You know, next week probably we need to talk about medical censorship and what people are alleging is happening or perhaps Ivermectin and whether it is a useful medical intervention for COVID because people continue to add interesting things that they read on the internet and find information in strange places.

And I hope this is a venue where we can tell people the truth.

ElectedBob NelsonChairProposedvoiceprint 0.871:52:06

Thank you Supervisor Hartman.

ElectedJoan HartmannSupervisorProposedvoiceprint 0.821:52:08

Well, I did want to ask Dr. Del Reynoso about ivermectin. We've heard that again and again. And so could you comment on that? We may get more next week but I'd like to hear now.

UnidentifiedUnidentified speaker 11Proposed1:52:21

Yes, so ivermectin is not an approved FDA Treatment for COVID-19. I also get comments and questions from the public about that it is not, and actually the FDA has come out strongly recommending that humans don't use ivermectin for COVID- 19 treatment

ElectedJoan HartmannSupervisorProposedvoiceprint 0.821:52:49

Thank you. I use ivermectin for my horses as a wormer. I learned, for those who don't trust drug companies and the Pfizer vaccine, Pfizer makes ivermectin. Ivermectin has not been approved for use by people so I think that's a fact that people really need to understand.

UnidentifiedUnidentified speaker 11Proposed1:53:13

So ivermectin has, there are tablets prescribed for people under very extreme circumstances like parasitic worms. But the formula in the human tablets is much different from the tablets that you would get at a feed store for your horses or for your cows. The inactive ingredients are different. And the active ingredient is definitely a lot more, it's not proportioned for our human bodies. And so those are some of the concerns that and that is why the poison control centers around our country are getting increased calls due to people using the animal tablets for their COVID-19 symptoms.

ElectedJoan HartmannSupervisorProposedvoiceprint 0.821:54:07

Yes, it comes in a paste form and I talked to a representative from Pfizer who said that tractor supply now has notices so that people understand they shouldn't use horse warmer. I did have a few comments in addition. You know we heard a lot earlier today about suicide prevention and cancer in childhood. 96% of doctors surveyed have taken the vaccine If my child were ill and 96 out of 100 doctors said this is the treatment you should take, I'm not going to listen to those 4% who are outliers.

I'm thinking about the failure to get vaccinated is somewhat analogous to secondhand smoke. The smoker's freedom ends Where it starts to affect the health of others. And I think people who aren't getting vaccinated, their freedom has to be limited by the effects on the larger society. Are they shedding more virus? Are they driving community spread? Are they contributing to the greater opportunity for a virus to evolve?

I have a godchild who's 10 years old. He goes to school, a third of his class came down with COVID including him. He spent two weeks at home with the fever of 103 and 104. His parents are so concerned he won't, the teachers say you've got to do your homework, he's sleeping. He just doesn't have any energy to get up. So this is what the consequences are of adults, teachers or parents those who can get vaccinated and aren't. These are it's just unacceptable we need to do our share all that we can to prevent this from happening to little children in our society.

1:56 – 2:1219 turns

ElectedBob NelsonChairProposedvoiceprint 0.871:56:10

Thank you Supervisor Hart I have a question for Dr. De La Rosa Looking at our current case rate and our positivity rate, we're at 17.1 is what I'm seeing as our case rate and down to 5.2 or positivity rate on August 6th. We were at 21.6 and 7.4 which was when we instituted the mask mandate. Obviously now below that number are we considering Lifting that mandate now that our numbers are coming down and it looks like we're heading out of this wave.

UnidentifiedUnidentified speaker 11Proposed1:56:53

Chair Nelson, that's a great question and that's a question that our team asked ourselves. You know I think that we are trending downwards but there is always that cautionary voice that says if we lift the indoors mask mandate are we premature? And so where are we with 17? And at 17, it's still a widespread community presence of COVID-19. So we are looking at being somewhere closer to a for instance a four I'm going to go ahead and open it up for questions.

While COVID-19 is widespread in our community, we would be hesitant to lift such an order. But we are keeping our eyes and considering when that metric would be. And it would be using the now retired tier system where we're in the yellow. So that is something that we're considering. And also the other thing is that we're not an island. We are influenced by travel from two other places in our country and even in our state. So we also keep an eye on case rates in our neighboring counties, state and nation as well just because of that transmissibility.

not transcribed≈13s of audible speech the AI couldn’t make out▸ listen
ElectedBob NelsonChairProposedvoiceprint 0.871:58:43

Okay thank you. And I guess my parting thoughts are, you know I understand that there's a narrative out there that the reason why the people are getting COVID is because people are unvaccinated. You know we've heard from our doctors, from Dr. Anzorg, that even vaccinated people are transmitting the virus. We heard from Dr. Comer, we're not going to head to COVID zero.

Once we're all vaccinated, COVID is with us. This has gone endemic, not pandemic at this point. It's much more like influenza, not comparing the two on its severity but how it's going to exist in a public health setting moving forward. And while I understand the concern about affecting others, demonizing people who are making a choice doesn't help getting them to go in the direction to decide to get vaccinated.

Okay they're making a personal health decision for themselves and their family They see risks and potentially getting vaccinated, but there's also risks on the other side of not getting vaccinated. And I think having an honest conversation with people giving them the information like slide 18 that I pointed out myself where there's a story to be told that's an effective measure attacking everybody who has an alternative opinion.

I don't think that's actually a great strategy. I think it chases people into corners And I think we need to be people together here. And so that's my strategy when I have this conversation with the public. Let's look at the numbers, let's respect people's freedoms and let them make a decision. Vaccinated and unvaccinated alike get COVID and spread COVID. Okay, even Dr. Comer concurred with that today.

So having this narrative that as soon as everybody gets vaccinated this thing's going to go away isn't helpful okay because I think at first admitting that that's the case but then it's a better choice for people to get vaccinated again I'm someone who is vaccinated. I'm someone who encourages people to get vaccinated okay but I also understand that that's an individual decision that needs to be made between an individual and their doctor in And I don't see this being, this massive thing where people that are unvaccinated are the ones that are all causing the spread. I don't see that in the numbers. I'm seeing that they're the ones that take hospital beds and potentially that's a public health crisis and it is but luckily we have a great public health capacity in this county.

We're super blessed and so we've been able to fight that back. You know, I understand these different restrictions and mandates When it becomes a public health crisis that people can't get into beds, we can't get nurses to help people. But right now we have the capacity. And so when we have the capacity, I want to err on the side of giving individual choice to people. I think that's also really important for getting people to accept this as well because nobody wants to get forced to do anything. If we think that more and more mandates and pressure and shaming and arguing with people is going to bring them along then I just don't... That's not human nature.

So I like to try to have a conversation respectfully with the public, present facts to the public and then trust the public to make a decision for themselves and their family. I think the next one up was Supervisor Williams.

CommentRenee O'NeillProposed · by introduction2:02:10

I, you know, I appreciate Mr. Chair your empathy and I do think talking to people and talking them to them with empathy and understanding is a good strategy but there is a big difference between 95 unvaccinated people ending up in the hospital and 10 fully vaccinated. You know, there's a point where empathy can equivocate those two by saying it's possible for fully vaccinated people to get sick. It's just a big difference. It's a tenfold difference in ending up in the hospital and so if you want to reduce your chances of by 90% of ending up in the hospital getting vaccinated is a good idea.

I think sometimes I agree that there's a level of intensity that can push people in corners. really the most dangerous thing that we've done until COVID is drive as the metaphor. I mean, that was the top killer. That was the preventable thing that killed the most Americans until COVID and maybe once we get COVID under control it will be the top killer again. I used to drive fast You know, and I didn't like it when my wife told me that's stupid and not very functional and doesn't help and puts other people including your passengers in a greater level of risk than is necessary. And it's serious, right? The number of people who die on the freeways. I always crack up at people like I said who get worried about going in the ocean because the great whites when they're driving on the freeway to get there that's more dangerous.

Eventually I came to the realization you know what this isn't about my choice. There's other people in that car with me that don't have a choice There's other people on that freeway that don't have a choice. It's not just about my personal health, it's about other people's personal health including people who are too young to be able to make that choice and there are tragedies that we can prevent by effective outreach not demonizing but presenting the facts and maybe asking to think about others a little bit more than our society. I think my personal critique is our society, that we could learn a lot from the greatest generation, a generation that thought about each other and about their society and made great sacrifices.

There's not a whole lot of them left but our society since that time has become so focused on the cult of the individual, right? That we can all make our own decisions. Sometimes to achieve something great in a society or even to avoid some great tragedy, we have to think about each other first and that's what I hope people will muse upon and make a decision themselves, a free decision but a decision that thinks about others

ElectedBob NelsonChairProposedvoiceprint 0.872:05:57

Thank you, Supervisor Williams. Supervisor

CommentRenee O'NeillProposed · by introduction2:05:58

Lavagnino and

ElectedSteve LavagninoSupervisorProposedvoiceprint 0.822:05:59

Supervisor Hartman.

ElectedBob NelsonChairProposedvoiceprint 0.872:05:59

Thank you Mr. Chair.

ElectedSteve LavagninoSupervisorProposedvoiceprint 0.822:06:01

So Dr. Munoz so when will or what's the forecast when vaccination might be available for those under

UnidentifiedUnidentified speaker 11Proposed2:06:09

12? Supervisor Lavagnino through the chair. What I have heard is by the end as soon as the end of October. I have also heard at the end of the year

ElectedSteve LavagninoSupervisorProposedvoiceprint 0.822:06:26

So we're not that far away from

UnidentifiedUnidentified speaker 11Proposed2:06:27

it. No, I was so somewhere between end of October and December.

ElectedSteve LavagninoSupervisorProposedvoiceprint 0.822:06:32

Okay, very good. And I hate to even ask you this question but since it was brought up during public comment, I'm going to say, I'll ask you how many doctors have you threatened during this time?

UnidentifiedUnidentified speaker 11Proposed2:06:48

I have not threatened any doctors, but I've gotten a lot of threats. Yes, doctor answer has gotten a lot of threats that we are quite professional and civil and we have not called anyone names or threatened anyone.

ElectedSteve LavagninoSupervisorProposedvoiceprint 0.822:07:02

Okay? Thank you. And I knew the answer to that, but I think we have to answer that in public so appreciate that. I thought one there was one really good Nugget that I think came out of public comment to me and that was the question about when is when. And obviously, I can see it's not right now just because of the hospitalization and where we are but it would be nice to and I've kind of talked about this in the past of having a goal for us to fight towards so And I say that knowing that things can change because you get a different variant. Obviously, we had COVID pretty much under control and we're moving out of that and then we got into Delta and it totally changed everything and now people want to go back and say well you said a long time ago that you know and so things change but I think we do kind of need to come up with some sort of exit strategy As Chair Nelson said, this is going to be with us forever.

So how do we at what point do we start rolling back so that people can look at this with more of a positive outlook and saying oh as soon as we get to this we get to do this? So just something to think about and then I also want to say that for me my strategy with people is I agree with you. I think you know you have to almost at this point first off again In today's climate, getting 75% of the people to agree on anything—the color of my suit is unbelievably… Is

ElectedBob NelsonChairProposedvoiceprint 0.872:08:35

that blue?

ElectedSteve LavagninoSupervisorProposedvoiceprint 0.822:08:35

Yes. No it's black but we can agree to disagree. But to get 75% of the people to agree on anything is almost unbelievable so the fact that we've gotten to this point is good that people have coalesced behind it and I think the last 25%, there's going to be 10%, 15% you're never going to move off and that's fine. But to get to the other ones, I have a member of my family that is resistant.

And the only slide I share is hospitalization. Whether or not you want the vaccine or don't want the vaccine, the reality is if you're unvaxxed, you have a much higher percentage of ending up in serious health risk and outcome. And that's all I share and I don't put any pressure on it just say hey these are the facts And so these come from the hospital, I'm not making these up. Public health isn't making it up. This is the hospital reporting. So I think it's more of a gentle nudge and hopefully we'll get there.

ElectedBob NelsonChairProposedvoiceprint 0.872:09:37

Thank you Supervisor Lavinio. Supervisor Hartman?

ElectedJoan HartmannSupervisorProposedvoiceprint 0.822:09:39

Yes, a couple things. First is I concur what is the end goal? What are we reaching for? That is something that I hope we could talk about next week because I think it's really important when we had the color system it was much clearer and now dealing with the Delta variant it's much less clear. I have a feeling that some of my colleagues are directing their statement at me, and that's fair.

When you look at a sick child with a high fever it's really hard not to feel passionate. And when you as you mentioned when you look at this graph where you see that the communities with the highest rate of vaccine are those with the lowest rates of COVID. I mean that tells the whole story And for me the model is less a car than it is cigarette smoking, which is really responsible for more deaths than drug, alcohol, autos and one other thing.

So yes people have freedom you know at one of our meetings we talked about the public good, we talked about the common good, we talked about our responsibility to our friends and neighbors and families And one of the commenters pulled out every quote in Mein Kampf that dealt with common good as if this was some kind of indictment of that concept. I'm still smarting from that idea. To me, it's very very important that we feel a community responsibility because we can see that if we do it has results for all of us. And so I believe that government exists to its way people come together and work towards the collective future these collective goals. It's doing more together than any of us can do as individuals standing alone And so that's what we do.

We work on behalf of the common good and I personally believe that when we do, it fulfills something greater than just individual purpose when you're working with people for a collective benefit. So that is part of that child that I see in love and that equation, that false equivalency are kind of what drive my intensity today so I hope you'll understand.

2:12 – 2:123 turns

ElectedBob NelsonChairProposedvoiceprint 0.872:12:15

Of course, thank you Supervisor Hartman. Any other thoughts or questions from the board? Seeing none I will go ahead and accept a motion. I move this staff recommendation.

ElectedJoan HartmannSupervisorProposedvoiceprint 0.822:12:27

Second.

ElectedBob NelsonChairProposedvoiceprint 0.872:12:28

All in favor signify by saying aye. Aye. Motion passes unanimously. At this time we're going to take a five-minute break and then we'll be right back for item D2.

2:21 – 2:278 turns

UnidentifiedUnidentified speaker 2Proposed2:21:46

Next item

ElectedBob NelsonChairProposedvoiceprint 0.872:21:47

on our agenda is Department Item Number 2. Adam Clerk, will you please read this item in the record?

CommentAmonProposed · by introduction2:21:52

Chair Nelson and members of the board, departmental item number two is from planning and development. It is a hearing to consider recommendations regarding the County Planning Commission's and Montecito Planning Commission's recommendation to approve ordinance amendments case numbers 21 ORD 7, 21 ORD 6, and 21 OR D5 which would amend respectively the Montecito Land Use and Development Code MLUDC The Article 2 Coastal Zoning Ordinance and the County Land Use and Development Code, LUDC to extend the expiration date for the Temporary Development Standards Suspension Ordinance to June 30th 2023 or another date as determined by the board. Or when the COVID-19 provisions are terminated earlier by ordinance amendment and make other amendments to support economic recovery.

ElectedBob NelsonChairProposedvoiceprint 0.872:22:43

Thank you Madam Clerk. We have a presentation by Mr. Wilson or Director Plowman.

UnidentifiedUnidentified speaker 14Proposed2:22:49

Mr. Chair, members of the board good morning I was just going to provide a brief introduction some months ago when COVID-19 started we developed an ordinance amendment to create greater flexibility for businesses who are having to operate outdoors because of the mandates and prevention from actually being indoors And I think it's been helpful to our businesses. And given the development of the Delta variant and the COVID-19 extending beyond what we thought it would, and the need for economic recovery following the pandemic, we felt that it was important to go ahead and extend these provisions that create greater flexibility for the businesses operating in the county. So with that I would like to turn it over to Assistant Director Wilson and he will give you a brief presentation.

UnidentifiedUnidentified speaker 15Proposed2:23:44

Good morning Chair, members of the Board. To provide a little background on the ordinance as Director Plummer indicated in June 16th the board had adopted temporary provisions in the ordinances to allow for businesses to operate during the COVID-19 pandemic, as well as to protect public health and limit the spread. And during that time on June 16th, the ordinances provisions were set to expire on December 16th of 2020. Later that year on November 10th we came back to the board and changed the expiration date to when the The county local emergency from COVID-19 was terminated by the board or when the provisions are terminated or by ordinance amendment. What we're doing today is coming back to extend that date and to change it for economic recovery purposes, as well as to maintain that safety protocols A little bit of background, on January 25th of this year the California Department of Public Health ended the regional stay at home order and then in June 15th the governor terminated the executive order that put into place that stay-at-home order and blueprint for safer economy.

As we know on August 6th the county public health department issued an order requiring the masks to be indoors So as we've heard earlier today, we're still not out of the woods as far as having safety protocols in place for COVID-19. What this is proposing to do though is to tie in economic recovery in addition to public health efforts to reduce the spread of COVID- 19 and the ordinance before you today is to extend those provisions to June 30th of 2023 And in that, our discipline is also to allow the temporary expansion of capacities of businesses to allow them to operate. As the COVID ordinances and the orders are ebb and flow as far as businesses and their ability It will allow them to continue to operate.

As we saw that in some instances businesses weren't having indoor seating and they would have outdoor seating, this ordinance amendment allows for in certain circumstances for that to occur to have both indoor and outdoor seating and it's a boost to economic recovery. It also allows for the structures, you know weather, sun, wind protection but it does not allow for permanent structures to be built.

For these temporary provisions to occur. We took this item to the Montecito Planning Commission on August 4th. They recommended to the board to adopt the ordinance amendments for the Montecito Land Use and Development Code, and recommended it to the planning commission to adopt those ordinances in Article 2. On that same day, the planning commission recommended to the board to adopt these provisions in Article 2 as well as the land use and development code.

The county planning commission at that hearing also recommended to the board to consider extending the date to October 31st 2023 if the board would like to consider As in previous ordinance amendments, the CEQA exemptions still apply to these ordinance amendments and then staff has reviewed them and still finds them consistent with the comprehensive plan and in compliance with the ordinances.

Today the department has three recommendations, motions for the board to consider and to extend it to June 30th of 2023. First was the Montecito Land Use and Development Code. Those findings are presented to you in your material and then as well as recommended actions for the Article 2 Coastal Zoning Ordinance and finally the Land Use and Development Code recommended actions. That concludes the presentation. We're available for questions.

ElectedBob NelsonChairProposedvoiceprint 0.872:27:23

Any questions before public comment? Supervisor Hartman.

ElectedJoan HartmannSupervisorProposedvoiceprint 0.822:27:26

Yes, it's been suggested to me by the Vintners in particular to propose October 2023 for economic recovery purposes. Their big time is during the summer and then if they could have these privileges three more months that would be a big benefit to them. Is there anything that limits the timeframe or could we make it to October instead of June?

2:28 – 2:3421 turns

UnidentifiedUnidentified speaker 14Proposed2:28:00

Mr. Chair, Supervisor Hartman there isn't a restriction it could be extended but that date was selected because the permanent provisions that will allow them to have food serve food will be in place by 2023 in June and that's through the Ag Enterprise Ordinance so that is why we selected that date

CommentRenee O'NeillProposed · by introduction2:28:26

Supervisor Williams. Are we sure? Yeah, about that date I mean maybe we should just write it till say till like October or until it is superseded by the permanent

UnidentifiedUnidentified speaker 14Proposed2:28:38

regulations. Supervisor Williams to the chair. I'm gonna leave that up to the board if you we did extended a few months past when we think that adoption will happen of that program but if the board feels more comfortable moving into October I think that's fine

ElectedBob NelsonChairProposedvoiceprint 0.872:28:57

And that was a recommendation of actually the Planning Commission, correct?

UnidentifiedUnidentified speaker 15Proposed2:29:02

Mr. Chair and members, that is

ElectedBob NelsonChairProposedvoiceprint 0.872:29:04

correct. The Planning Commission had recommended

UnidentifiedUnidentified speaker 15Proposed2:29:05

October 31st of 2023.

ElectedBob NelsonChairProposedvoiceprint 0.872:29:08

Right. Let's go ahead and go to public comment and then we'll come back to the board for some deliberations on that date and approval.

CommentAmonProposed · by introduction2:29:15

Chair Nelson and members of the board, we have two requests to speak on this item and will begin on Zoom with Matthew Bysard to be followed by Eric Lightman.

ElectedBob NelsonChairProposedvoiceprint 0.872:29:25

Mr. Bysard when you're ready.

CommentMatthew MazzartProposedself-stated2:29:33

Members of the board, thank you very much for the opportunity to comment on this item and your previous vote to hear this issue. My name is Matthew Mazzart. I'm the managing partner of Gleason Family Vineyards. We have two estate vineyards, a winery, three tasting rooms in Santa Ynez Valley including Roblar Winery, Refugio Ranch Vineyard and Royal Oaks Winery. Also, I'm representing the Vintners Association today in support of extending the date of the emergency COVID measures until 2023, specifically to extend these to October of 2023 as Supervisor Hartman just mentioned in line with the recommendation from the Planning Commission. 2020 was far and away the most difficult year for our family owned and operated business forced to close lay off most of our employees and limit our harvest production however after County COVID measures were put in place.

Our tasting room operations have safely reopened outside, we've increased our payroll beyond pre-COVID levels to 60 employees and we've been serving more guests than ever before all doing so with successful food service program at each tasting room that's resulted in a higher per head revenue and a safer tasting environment for everyone. We're still working Good morning, everyone. Thank you for joining us today. We are in the middle of a pandemic and we have lost revenue from 2020 but our business has been saved so far. The Delta variant has had me lose a little bit of sleep these days but I'm hopeful that these measures have proven to the county that winery staying open with food service is a safe way for our industry to contribute to the economic well-being I appreciate you taking the time to hear this today.

Thank you very much.

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ElectedBob NelsonChairProposedvoiceprint 0.872:31:32

Thank you, Mr. Bizerd.

CommentAmonProposed · by introduction2:31:34

We will now go to Eric Lightman who is our final speaker.

UnidentifiedUnidentified speaker 2Proposed2:31:45

Mr. Lightman, you're muted. Mr Lightman?

ElectedBob NelsonChairProposedvoiceprint 0.692:31:59

Mr. Lightman, it seems you are still muted.

CommentAmonProposed · by introduction2:32:18

Mr. Lightman if you can unmute on your end and please begin your comments.

ElectedBob NelsonChairProposedvoiceprint 0.872:32:28

OK, we're going to go ahead and come back to the board. Mr. Lightman, if you're able to call in the next couple of minutes, we'll try to hear from you. But at this time, we'll go back for questions and hopefully a motion. Supervisor Hartman?

ElectedJoan HartmannSupervisorProposedvoiceprint 0.822:32:42

Well, I remember when these were adopted at lightning speed. And I just want to heap praise upon P&D because that was really a stunning effort at how quickly you were able to pull this off and it really was salvation for many businesses and I would hope that we would I would like to say that it's a bit of a silver lining because I visited a number of wineries where they've expanded the outdoor space.

And with the food, they find that people linger stay longer want to know more about that particular place soil winemakers. And so that's been really exciting and they've developed outdoor spaces that are really beautiful. So anyway it is one of the positive things that have resulted from this era. So in P&D really helped make that happen. So thank you.

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ElectedBob NelsonChairProposedvoiceprint 0.872:33:54

Thank you Supervisor Hartman Well I'd also want to kind of point out that you know this is something that prior to COVID might have been unthinkable. And I think that might be a lesson for us moving forward, that some of these ideas that may seem to have significant impacts. Maybe we need to find ways to embrace them even on temporary measure so that we can see if they work or not before making them permanent. I know it's always difficult in land use for us to walk that line but hopefully this might be a model for us as a board and as a county moving forward In adopting more flexible and business friendly land use provisions.

So with that, I'd be interested in a motion. Real quick, have we seen Mr. Lightman pop up yet?

CommentAmonProposed · by introduction2:34:44

Chair Nelson and members of the board, we were unable to reach Mr. Lightman.

ElectedBob NelsonChairProposedvoiceprint 0.872:34:48

All right. Well thank you anyway, Mr. Lightman. And with that, I would be willing

2:34 – 2:5112 turns

ElectedJoan HartmannSupervisorProposedvoiceprint 0.822:34:57

I would like to move staff recommendation A and B, but with extending the date from June 30th, 2023 to October 30th, 2023. Second.

ElectedBob NelsonChairProposedvoiceprint 0.872:35:10

All right. Any further discussion from the board? Ms. Van Molen.

CommentBen OakleyProposed2:35:18

Mr. Chair, members of the Board, just a couple of items. So all of A and B. So I think as part of the revision, I'd recommend the board just add to the motion that you direct staff to update the findings, the notices of exemption, the ordinances, any of the documents that need to be updated to reflect the new date. And I think it said October 2023 but I think it would be clean if we just say October 31st 2023.

ElectedJoan HartmannSupervisorProposedvoiceprint 0.822:35:49

So I said 30th, but I'll change it to 31st. It makes more sense and so we would incorporate your direction to alter the findings and to support that goal.

CommentRenee O'NeillProposed · by introduction2:36:06

I think that it's the addition of any drafting measures that the county council needs to make that date consistent throughout.

ElectedJoan HartmannSupervisorProposedvoiceprint 0.822:36:19

So I think the motion maker and the seconder are in agreement with that.

ElectedBob NelsonChairProposedvoiceprint 0.872:36:23

Clerk, are you good? With the motion and the second? Yes. All right. Getting back to the board any further discussion about the motion or the amendments to the motion? Seeing none all in favor signify by saying aye. Aye. Motion passes unanimously. All right, we're gonna go ahead and quickly

move to item number three. This item is slated to be approximately an hour and head into our closed session time. For the public's attention, we're gonna be limiting public comment to two minutes on this item so as you listen to this presentation and the questions from the board make sure that your public comment reflects the two minute timeframe for this item. Thank you.

So Madam Clerk, would you please read item 3 into the record?

CommentAmonProposed · by introduction2:37:17

Chair Nelson and members of the board. Departmental Item number three is from planning and development. It is a hearing to consider recommendations regarding the selection of zoning ordinance amendments for the Long Range Planning Division Fiscal Year 2021 through 2024 work program.

ElectedBob NelsonChairProposedvoiceprint 0.872:37:36

Alright back to Director Plowman.

UnidentifiedUnidentified speaker 14Proposed2:37:39

Mr. Chair, members of the board just for a bit of background back at the end of the budget hearings in June there was discussion about whether or not there would be additional staff available to long-range planning to do some ordinance work and the board did authorize an additional position in planning and development long range planning for a planner three And we are now before you to get direction on what that Planner 3, who we have not yet hired but are working on, what they will be working on in terms of an ordinance program. So the presentation today is really presenting the options that were discussed by the board. They include possible amendments to the cannabis ordinance.

Then other possible amendments that we know the board has interest in or that we know would resolve some issues That are in our permit process because of changes in law So with that what I would like to do is introduce Deputy director for long-range planning. Mr. Dan Clemon He is here via zoom and We'll go ahead and make the presentation

CommentDan Clemon HeProposed2:38:52

Yes, thank you for that Director Plowman. Good morning Chair Nelson members of the board. If we could please advance to the next slide. So as director Plowman stated yeah this the genesis of this item started back in the springtime when you adopted our budget and work program at the time you added the planner three position on that we're currently recruiting for and the point of that position is to enable some staff time make it available I'm going to talk about the zoning ordinance amendment packages.

What these packages consist of are typically amendments that are at most what we call moderate in complexity or controversy. For the highly controversial or what we anticipate to be highly controversial projects, we will include those as special projects Relatively straightforward, because what we do is we bundle them together and process them as one package. And what we don't want to do is have any one project service in anchor that slows down the entirety of the ordinance memo package. So typically these are processed with CEQA exemptions. Sometimes we will prepare a negative declaration but if we find that we need to prepare a larger or more complex environmental document such as an environmental impact report We are likely to change the project description to pull out those controversial items.

So this must be relatively straightforward. Next slide, please. So as Director Plowman stated I would say we have at most at this point eight tenths of an FTE available this year. We're in the second week of September and we're in the midst of the recruitment but we don't know what the outcome is going to be with regard to that. So once again, what we're including in this package is our only at most moderately complex and low complex ordinance amendments. What we're seeking direction from your board today is with regards specifically to the moderately complex amendment.

And we would like to know which ones we should prioritize to be processed within this fiscal year? And then what you may also do is provide direction on which ones we should prioritize for future fiscal years. And what we're going to do is not only take whatever moderately complex amendments you direct us to process, but we're also gonna include in that bundle of ordinance amendments low-complexity amendments. These are very straightforward, what we call our no brainer sorts of ordinance amendments which are correcting typos, updating our code to make it consistent with state law, correcting references and things like that which should not produce much controversy or complexity.

Next slide please. Okay, so the first group of moderately complex ordinance amendment options that are available to you today involve the Santa Rita Hills agricultural viticultural area. Next slide please. And specifically this involves creating a new zoning overlay that would roughly correspond with the Santa Rita Hills ABA. And within that zoning overlay, you regulate or further regulate cannabis cultivation in either one of two ways. The first option would be changing the permitting requirements for cultivation such that whereas now land use permit is required for the cultivation requiring instead a conditional use permit for cultivation that exceeds either 20 acres 30 acres or regardless of size In the second option involves changing the development standards such that there'd be a limitation on the amounts of area that could be cultivated by lot.

And the figures that were proposed would be 20 acres plus 10%, 5% or 2.5% of the lot size. We estimate that These ordinance amendments would take about six-tenths of an FTE to process. We have some mapping that we'll be involved with creating the ABA, there are some questions that we'd have to investigate further and come back with some options then ultimately navigate through the Planning Commission process. So we are anticipating about six tenths of an FTE.

Next slide please. This slide summarizes our current status with regard to Canada's cultivation It provides statistics on where we are with regard to the land use entitlements or what most people commonly refer to as the zoning permits for the cannabis projects, and then the business licenses. So it's shown are the total number of acreage is proposed both countywide and within Santa Rita Hills which are subject to the cap that applies to cultivation that occurs everywhere in the county outside of the Caponuria Agricultural Overlay And as you can see in that last row, the cap is set at 1,575 acres. So when you look at the amount of acreage proposed for the land use entitlements, you can see it's well in excess of that. I do need to make a correction on this second line with regards to the approved land use entitlements.

It says but not issued, that's incorrect. These actually, these statistics show the issued entitlements which are shown in the next row. So the actual approved but not issue number permits would be roughly 800, So for the issued permits, you have 505 acres roughly for countywide in about 48 acres in Santa Rita Hills. With regards to the business license applications those are on the eligible applicants list which means they have an approved land use entitlement a complete business license application as determined by the County CEO office And payment of the application fees, plus a form that is notified of which is required to be placed on the eligibility list. Of those you have approximately 985 acres county-wide, 144 acres within Santa Rita Hills and then pending, that is they're lacking one of those requirements in order to be placed on the eligibility list, you have roughly 314 acres county wide and then approximately 158 within the Santa Rita Hills.

Next slide please. So with regard to the next suggestion for ordinance amendments pertaining to cannabis, this one involves creating a new noticing requirements typically for harvest. And what it would involve is come up with a notification of property owner or residents within some sort of proximity of a cultivation site If the board would like to pursue this, the existing requirements for notification when an odor abatement plan is required by the code is 1,000 feet. So that could be the notification radius that you use for this new requirement if you want to pursue this. And this is a fairly straightforward amendment although cannabis ordinance amendments typically get controversial and can take some time to get through the planning commission process This one right today is probably going to be pretty straightforward.

So we're anticipating just a very small amount of work effort involved that is about a tenth of an FTE. Next slide, please. Now switching gears here the next group of amendments that were suggested for consideration involve childcare facilities and more specifically relaxing or revising our permitting requirements to make it easier to provide these facilities And there are some good model ordinances out there. Indeed, the city of Goleta just updated their ordinance and created some really good provisions for which we can lift or use as a model for the development of these standards. And then second what we'd be doing is updating the code to make it consistent with some recent statutes that were put into law which aren't currently reflected on our code specifically with regard to things like how small child care facilities are defined in the consequent permitting requirements for them.

So we'd be making the amendments to make it consistent with state law. And given that we have some good examples from which we could use when drafting the ordinance, we think this project would involve about two-tenths of an FTE. Next slide please. Now the next group of amendment requests are derived from an Environmental Defense Center letter that was initially submitted to your board back in March 5th 2021 When I was presenting options on the work program for long-range planning for this fiscal year, those requests have been repeated in recent letters that the EDC has submitted for the record. But what they consist of is first a request to amend the change of owner or operator ordinance which is set forth in Chapter 25B of the County Code to have it apply to onshore oil and gas development.

The second request is to mandate that onshore oil and gas operators Next slide, please. And then the next request involved first amending the land use and development code to require a termination date in oil drilling production plans and then finally revising the definition of high-risk operations which are set forth in the following code. We estimate that these amendments would require approximately about half an FTE's worth I should state that Mr. John Zorovich, the Deputy Director of the Energy Division is available for any questions with regards to these specific amendments. His team would really be assisting us and kind of taking a lead on some of the specific nuances of developing this ordinance.

Next slide please. And for the final Arguably the sexiest topic of Ordinance Amendment Options has come from yours truly, that is staff both within the Planning and Development Department and County Council's office. And they are with regard to wireless communication facilities. And what this would involve is just bringing our code up to be consistent with some recent rule changes and changes in state law. Specifically, the Federal Communications Commission or FCC changed some rules regarding small wireless facilities and allows for Local jurisdictions like the county to develop aesthetic standards for these facilities. So what we'd be doing is taking these amendments to the local board of architectural reviews, to have them advise us as to what they believe need to be developed in this aesthetic standards.

And then second, we would be revising the code to make it consistent with our recent change in state law that affects emergency, excuse me macro cell towers requiring emergency standby generator. And due primarily to the time it would take to present these standards to the various boards of architectural review, we are estimating that these amendments would take approximately four-tenths of an FTE's worth of time.

Next slide please. So to sum up as we mentioned earlier I'd say realistically within this fiscal year we're probably getting closer to about six to seven tenths of an FTE being available That's not to say that we could get a bigger assignment and it spills over into the next fiscal year. But we do want to make sure that you're aware of what we can realistically right now, given what we can anticipate and what's known at this time. So when you look at your options of the moderately complex or its amendments that I summarized there, there are three which would be occupy the majority of that staff availability if you were to pick any one of those in You can see those, that'd be the cannabis ordinance amendments that would apply to Santa Rita Hills.

The oil and gas related amendments or the wireless communication facilities you could mix and match those with some of the other amendments. Or you could of course go in an entirely different direction and give us an alternative that I have not summarized it's really up to your board discretion. So with that said if you could please advance to next slide. So I'm gonna summarize the actions for you today, and that was to receive the report that I just provided to you. Second, we're asking you to give us the direction on which projects to prioritize within this fiscal year and in the future, and then any other direction you wanna provide us. And then finally, your action today is not a project pursuit. That concludes my presentation. I'll be more than happy to answer any questions you might have.

Thank you.

2:51 – 3:007 turns

ElectedBob NelsonChairProposedvoiceprint 0.872:51:50

All right. Thank you, Mr. Clement. Questions from the Board before we go to public comment? Supervisor

ElectedJoan HartmannSupervisorProposedvoiceprint 0.822:51:54

Hartman. I have a question in the end but really it's more of a statement. I was very eager to have some kind of an overlay and strategy for the Santa Rita Hills area which has been so disproportionately affected, such a concentration of cannabis permit applications coming from that area As it turns out, though, I understand that our cap will soon be filled. And so if we look at the Santa Rita Hills, the die is pretty much cast given the cap that we currently have.

If we would enact something now, the large grow that's in the permit pipeline would likely be permitted before such an ordinance would go into effect. So I'm, I'm no longer so concerned about what we can do in the Santa Rita Hills again because I think the die is cast. So what I am really concerned about though is these projects that are in the pipeline that are out there they would exceed the cap but they're in the land use permit pipeline.

It turns out that our land use process and our business license process are two different processes, and they're not integrated. Which means that P&D has to continue processing these permit applications for cannabis even though they're unlikely to get in line Uh, immediately for a business license so long as we have the cap in place. So what concerns me is that we could be permitting through a land use process operations under today's standards And yet we may not lift the cap for a year or two or more.

And in that time, we're learning more about odor control technologies and best practices and so we're kind of locking ourselves into what we know today. One of the interesting things about the whole cannabis thing is how much innovation we're seeing especially in Carpinteria and Kiyama Do you want? And I'm hopeful that we're going to see more innovation in other areas as well, and that could be incorporated into our ordinance at some future date.

So I think we're stuck with these two separate processes. But my concern is that we keep as much discretion going forward on these permits that will become These standards I think will become obsolete and dated. And so what I would like to propose is that we require a CUP for all of those projects outside the cap going forward. And here is my question, because from my observation we shied away from CUPs because we thought oh they're so burdensome for the applicant and for the county agencies But I'd like, Ms. Plowman if you would comment on if an LUP goes to appeal how does that compare in your workload to asking for a CUP?

UnidentifiedUnidentified speaker 14Proposed2:55:38

Mr. Chair, Supervisor Hartman thank you for that question. Essentially we have the same standards for cannabis projects that are getting a CUP versus So the process of getting them to a point where their permit gets approved is pretty much the same. And then if the LUP gets appealed, it's actually more costly for the county because the county absorbs those costs of those appeals. So functionally, if land use permits are getting appealed It's the same. The processes are equivalent for a land use permit as a CUP, except the CUP gives the board more discretion on specific features of that particular project and can make changes to ensure compatibility.

ElectedJoan HartmannSupervisorProposedvoiceprint 0.822:56:34

So the last thing I would add is that I think protecting that discretion going forward is very important, first because our current standards may well seem quite dated in the future when we open up the cap if we do. We've been here with LUPs where we really wanted to encourage something and unless the applicant will include that as part of the project description, our hands are tied. So in the interest of our own ability to be responsive and adapt these projects to make sure they're more compatible with their area my hope would be that we could give direction Planning and Development Department working with County Council as expeditiously as possible to develop a CUP for the remaining in-the-pipeline applications.

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ElectedBob NelsonChairProposedvoiceprint 0.872:57:35

Supervisor Williams, Supervisor Lavinino and Supervisor Hart?

CommentRenee O'NeillProposed · by introduction2:57:40

So my previous objections to CEP was mainly dependent on workflow issues because I felt like the speed of having places permitted was integral with the regulations and the controls on them. Given that there isn't the same kind of imperatives for speed, for folks to I guess get in line when and if the cap is ever changed. Then I'm open to it. Did you mention how much staff time would be necessary to implement that? In these FTEs that you've broken down for other items?

UnidentifiedUnidentified speaker 14Proposed2:58:29

Mr. Chair, Supervisor Williams I'll answer that and ask Mr. Clement if he has any additional comments so part of it maybe we can go back to that slide if you can go back up to oh there you go oh one more there thank you so essentially We've identified that as a possibility in this package, and I think it was .6 FTEs to carry out. So if we were going to change the permit requirement to a CUP, and I presume it's the inland area that we're talking about.

That would require roughly .6 FTEs to do so. And mostly that work is just getting through the process of the planning commission hearings and the board hearings and all of that, crafting that change is going to be pretty simple. I think if we, if it's just focused. And so I can ask Mr. Clemon to weigh in whether or not because we're not creating an overlay in this situation, it would reduce the amount of FTB maybe it would be 0.5 something you know we're splitting hairs at this point but it will definitely be simpler without the overlay. I guess I can say that and Mr. Clement would you like to add anything?

3:00 – 3:1017 turns

CommentDan Clemon HeProposed3:00:05

Nothing really substantive, I completely agree with what you said. The drafting of this sort of ordinance is really straightforward. It's the process going through the hearings and provided that the planning commissions stayed on task and did not deviate from your board direction it could be less than six tenths of an FTE we just got to be careful because as you're aware and as past experience has shown When we get before decision-makers with cannabis ordinance amendments, they very often do take longer than we initially anticipate because there's a desire for more discussion to take the policy discussion elsewhere beyond what you direct us to work on. So that's the real, that's what takes some time to process these.

Thank You.

ElectedJoan HartmannSupervisorProposedvoiceprint 0.823:00:55

So I believe the Planning Commission in the past has recommended that to the Board. It's my understanding that we nonetheless may have to go back to the Planning Commission, but my strong sense is that this is something they've already endorsed and at least from their part would move rather quickly. We don't know what the general public would be saying so my hope is it would be considerably less than .6 FTEs for the rest of the year.

CommentDoes Supervisor LavagninoProposedself-stated3:01:24

All right, thank you Supervisor Hartman. Does Supervisor Lavagnino, Supervisor Hart and Supervisor Williams your light is still on are you? All right, Supervisor

CommentRenee O'NeillProposed · by introduction3:01:32

Lavagnino. I can wait until the end of the line.

ElectedSteve LavagninoSupervisorProposedvoiceprint 0.823:01:37

Thank you Mr. Chair so what I have a problem with is I get the staff report, I spent a lot of time with my staff going through these options And get here now all the options are off the table, which I didn't support anyway. But now it's total switcheroo into something else that first off, I know it's just direction but we're not noticed. Nobody in the community that has a project that would have an LUP that might get now switched to CUP had any notice that this might happen with what's before us.

So if this is something that the board Would approve of. I think we, I mean just as good government we should let people know that this is a possibility that this would come back to us in the future personally. We've opened the cannabis ordinance up enough times now. I totally agree that and I'm not one to talk about opening the cap so I think maybe the change should be That this discussion should be if anybody ever talked about opening up the cap in the future that maybe you would require CUPs after that. But I think the largest grow we just had, Pro Farms went through without even an appeal so to me there are still projects. There's Quiama which Large grows have gone through without appeals as well.

So if you find the right place, it doesn't make sense to me to require a CUP if you find the right spot. If you don't find the right spot your LUP is going to get appealed anyway. But that's for me a discussion at another time. I didn't prepare for that at all either so I was more looking at the overlay and those types of things. So I just think that's kind of a little bit out of bounds of switching off what we're talking about.

I guess I want to get to really more a question about the child care facilities. So what are the, what exactly would we be relaxing or revising? What are the requirements that are holding up possible child care facilities out there right now? What needs to be relaxed?

CommentDan Clemon HeProposed3:04:10

Mr. Nelson, members of the board. Yeah so what we have heard from business owners and this is anecdotal information I have to admit there hasn't been any sort of scientific research or survey to back this up but what we hear anecdotally is that businesses when it comes to certain development standards things like parking requirements open space requirements other things not only can those standards once you stack them one on top of another I think it's important for developers to be able to confine the amount of really usable space that developers have available for them. But then they need more flexibility to be able to have those uses but also when it comes to development standards, how should I say?

Not only limit where I think it's important that we have a business to make it more user friendly and actually viable as an option for business operators. And what we hear is not only development standards are too restrictive, but then the permitting requirements can be too restrictive as well. If we were to relax those, it would make it more of a viable business option for them. That's why I'm hearing anecdotally. What I've heard from other, And like I said there have been recent examples like for example in the city of Goleta where they have adopted such standards.

They're so new we can't see whether or not, we can't measure their success it's not fair to do so yet but they are consistent with the direction we've heard from the business operators in the past.

ElectedSteve LavagninoSupervisorProposedvoiceprint 0.823:05:56

Okay and then if I'm if I was hearing the presentation correctly did I understand that the wireless communication facilities That option is the staff recommendation or as close to thought I heard that maybe not.

UnidentifiedUnidentified speaker 14Proposed3:06:12

I mean,

ElectedSteve LavagninoSupervisorProposedvoiceprint 0.823:06:12

that's something you guys feel that you really need to address.

UnidentifiedUnidentified speaker 14Proposed3:06:16

Mr. Chair

ElectedSteve LavagninoSupervisorProposedvoiceprint 0.823:06:17

Nelson. I'm sorry.

UnidentifiedUnidentified speaker 14Proposed3:06:19

Go ahead. Go ahead, Mr. Clemens.

CommentDan Clemon HeProposed3:06:22

The chair Nelson members of the board. What I would say is that his request is derived from staff and The reason why we're suggesting it as one option is that recently has led to inefficiencies, both for us as staff but with county council as well. They've looked into it. They they're getting information from the telecom applicants asking good questions about when we're going to get our code consistent with these rule changes so that's the derivation from it Like I said, it's not the sexiest item and we don't want to necessarily do it but it is one that is slowing us down and it's creating inefficiencies.

ElectedSteve LavagninoSupervisorProposedvoiceprint 0.823:07:02

Okay and if I'm reading that right so that's 0.4 FTE and since you're still in the process of hiring this person you don't want to get over maybe a half or six tenths? For for what we do this year. We could always add somebody next year if we thought that or this person could work on something again next year differently, but That for this year if we gave you just the wireless communication facilities That's going to keep that person busy by the time you hire them until we get to next fiscal year Yeah

CommentDan Clemon HeProposed3:07:35

Making certain assumptions. Yeah, I would take up the majority of their time. Okay, thank you. Thank

ElectedBob NelsonChairProposedvoiceprint 0.873:07:41

you Supervisor Lavinino. Supervisor Hart and Williams and I like to make a couple comments. Supervisor

CommentRenee O'NeillProposed · by introduction3:07:47

Hart? Yeah, I agree with Supervisor Lavinino. I don't understand why we're even talking about lifting the cap. I think that's a terrible message to even be saying aloud up here. And I don' know where it's coming from. We have never said that here To my recollection, so I don't know why we'd be talking about that. I don't want to support lifting the cap. I think that was the smartest thing that we did and I don't hear applicants asking for that. Obviously if you're on the other side of the line and you don't get a permit, you're not going to be happy but that's the point. That's exactly it. We don't need to make it more difficult for those folks there on the other side of the line they're not gonna get a permit.

It's just something, it's premature to me to be opening that box. And so I'm interested in working on making it more flexible to operate child care facilities. You know that's a very marginal business. It doesn't have a lot of profit. It's extremely difficult to do and the best of circumstances we didn't have enough childcare facilities pre-COVID. Many of those operators you know have lost their businesses because folks were home shut down they weren't sending Thank you very much.

We're going to be looking at a number of things. You know, that has an urgent need now. It's not a prospective future maybe we need to get to it thing. That's a now thing. I guess if we have to do the wireless regulations to make more clarity there then that sort of is baked into the cake and I'm also very interested in getting ahead on the oil and gas regulations. I mean, I think this is something that's just ticking out there you know the EDC letter Improperly abandoned wells, and you know the industry is in a very difficult transition And there's there's going to be operators who don't make it and you know that that potentially is leaving a Significant liability on the public side of the equation and tightening these regulations To make that more clear give us a handle You know on when things are going awry and make sure That the folks you know while they have resources can attend to these The plugging of these wells rather than after they're bankrupt and gone and missing in action.

And we rely on the state to come in with the funds to do that. That just doesn't make sense at all. I hope we would be foresightful and take these recommendations from ADC seriously and get our regulations aligned to fit the transition that is happening.

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3:10 – 3:217 turns

CommentRenee O'NeillProposed · by introduction3:10:46

Well, sometimes I feel like whenever the subject of long-range planning comes up we start falling into maybe the old ways of the past of our predecessors. Anybody who's been with the department a long time knows that whenever this came up was when the knives came out between supervisors so I'm just asking for people to And we, you know, not dismiss Supervisor Hartman's concern over this.

You know the way that Supervisor Lavagnino described it I feel like it is identical to the way Supervisor Hartman just described it is that we would say that if we're going to award any beyond for any reason If we're going to award any beyond the cap that we do so by taking the precaution now of requiring a CUP because otherwise This board or a future board could say in the future, could say you know we're just going to take the first ones through the land use process that got the approval two years ago but they weren't you know they were past the cap. So I agree that we should not go past the cap.

The entertaining that we need to see how this kind of plays out a little bit and reflect upon if there's any lessons to be learned from the experience. But I do think that if we don't do anything, it puts us in a very weird position. It means that a bunch of people got land use entitlements that we never allowed them to do anything with. And then if a future board Lifts the cap, those people with land use entitlements are going to go hey I've already done it. I should be first in line and so you know I do think that deserves some attention.

I think Supervisor Hartman is identifying a possible problem in the future and I'm open to CEPs as the solution for that. What I'm not open to is accepting that this is the only way to do it. You know, County Council's office gave significant support to long-range planning for the initial ordinance development. CUP requirement is pretty straightforward especially since the Planning Commission already recommended that if we decided to go that route I do think that we have the option to give it to County Council's office instead because I don't think it should take .6 FTE personally.

And I agree that child care facilities, the harvesting noticing and the oil and gas is all really important stuff. And even in the wireless stuff has to happen too. So my you know, I'm just going to put it out there. My proposal would be a little bit different maybe would be that We strike Santa Rita Hills just because it's too late for it to have any meaning at all and just move down the list from there.

And if separately we decide, and we should talk about that, if we decide to do the CUP on future Applications. We should talk about whether, you know, whether it comes at the end of this list or whether it should be given to Council's office.

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ElectedBob NelsonChairProposedvoiceprint 0.873:14:54

Thank you. Director

UnidentifiedUnidentified speaker 14Proposed3:14:58

Plowman. One thing I just want to note as you're having this conversation is Giving a task to county council really isn't going to speed up the process. Writing the ordinance is not what takes the time. It's getting through the planning commission and getting through the board hearings, that's what takes the time and that is something that our staff is going to be doing.

We work very closely with council on stuff they're very helpful we really appreciate their coordination and I think they make our work top-notch So I just want to caution you with that direction. I also want to note that if the board found multiple things that they wanted to do today, you have the ability to say take those tasks and go with it and acknowledge that it will roll over into the next fiscal year.

So it doesn't have to be ending by the end, you know June 30th of 2022 if there's support for more items than we currently have available for this fiscal year.

ElectedBob NelsonChairProposedvoiceprint 0.873:16:15

All right Ms. Miyasato and then I've got some comments and then Supervisor Lavagnino.

UnidentifiedUnidentified speaker 1Proposed3:16:20

Chair and Board Members, just to reiterate on that. I think just to step back a second what planning is trying to do is give you an estimate of the time it will take they don't know for sure but this is an estimate to manage your expectations Dr. Plowman and Mr. Clement can manage their staff's resources in time and as she said If things don't get completed, they roll over to the next year. But this is your desire for flexibility sometimes conflicts with our desire for clear resource allocation but there's a medium in between those and we appreciate that. And also as Director Plowman said one thing that the board could do to assist in speeding the process is having clear expectations of your planning commission. Now they have authority an independent authority what they do to follow the law, but if the board makes a request to them I'm sure they would heed that request about the confines of their discussion and that might help.

And that was actually a recommendation early on from KPMG.

ElectedBob NelsonChairProposedvoiceprint 0.873:17:15

All right thank you. I think I want to try to I hope help my colleagues with Supervisor Hartman's proposal is it's not about lifting the cap because what happens as soon as we hit that cap We still have 1,500 acres that will still move through the process. Still potentially go to Planning Commission and it's still potentially come to the board. And what are we going to do about that? That's really what I think Supervisor Hartman is asking because those people aren't just gonna drop their applications tomorrow.

They're going to keep their applications in the queue. And right now, our county requires a land use permit and a business license. Well that could get changed in the future where land use permits only is what it takes and all 1500 acres goes through and we no longer have that restrictor plate with The business license, maybe state legislation says local jurisdictions were being too punitive with caps and they lift that from us. And then we're out of control moving beyond our cap limit. And that's what I think I hear Supervisor Hartman say is hey, we're gonna hit the cap in a couple weeks here.

What about everything else in the pipeline? Are those continuing to be LUPs? Are we gonna give the public a false sense of security where they won't appeal projects because they go, hey it's outside the cap. It's never gonna happen. We don't know what the future is with this issue. And I think a CUP at least gives caution to people who go through the process after the cap and says hey, there's going to be a lot more discretion with my project. Neighborhood compatibility is going to be one of the findings that the board has to make with my project.

I can't place that there because it's not gonna just automatically get a permit because an LUP. The Planning Commission, you know, I think they've actually taken longer on LUPs because they've had less tools to deal with potential conflicts. They've tried to steer applicants towards a solution that they were hoping and then they would continue it and hope that it changed. That also affected staff not having a CUP. You know the LUP process in cannabis was about trying to streamline it And if you've talked to any cannabis applicant that's been at your door, you've been told how long the process has taken, how many requirements that they have gone through and that it often looks just like a CUP.

But we get to have the CUP but none of the tools at the Planning Commission or the Board to potentially make sure that the projects are compatible. The first 1500 acres That die has been cast. But the next 1500 acres that we see, it might be nice to have that tool and as far as I'm concerned right now, I'm supportive of Supervisor Hartman's proposal. I'm okay also with Supervisor Lavinio suggesting that we come back with that in the future and have a hearing on it because I don't want to jump anybody either. I don't think that's a good public policy move but it is something I'm definitely interested in because I think Problem in the future that we need to be attentive to.

Supervisor Hartman?

ElectedJoan HartmannSupervisorProposedvoiceprint 0.823:20:24

There is one other issue before we go to public comment and that is the harvest notice. I just want to remind everybody that on Ag-2 lands that aren't adjacent to an EDRN or in an EDRN or a city, they just require land use permit and we don't have any odor control requirements. And so the harvest period, the three week harvest period is kind of a way limit odor and let neighbors know.

But at this point, we don't really have a way of ensuring compliance with that so my thought and there might be other better thoughts out there but at least if we had some kind of a website with notice that we understand when the harvest is going to take place so people could consult Thank you.

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3:21 – 3:2713 turns

ElectedBob NelsonChairProposedvoiceprint 0.873:21:34

Great. Thank you, Supervisor Hartman. Supervisor Lavinio and then we'll get to public comment.

ElectedSteve LavagninoSupervisorProposedvoiceprint 0.823:21:38

Okay so first off on noticing I'm hoping you're just I mean it would have to be I don't support it either way but I mean you're talking about inland versus okay so you're talking inland only all right I just think on that what would the person do? So you're a neighbor an interested party and you're gonna get noticed that there's a harvest I'm just trying to figure out what that would do for you.

ElectedJoan HartmannSupervisorProposedvoiceprint 0.823:22:06

My proposal would be that the growers simply notify somebody in the county and we post it on a website, that this area will be harvesting during this period of time. We worked really hard to—unlike greenhouses where they're growing continually, harvesting On the Ag-2 outdoor grows, they have specific harvest periods three times a year up to three times a year and three weeks each time. And so knowing when that is again I think would be beneficial to the county to ensure compliance that that indeed is the case and for neighbors to be able to check and know about the additional traffic security et cetera.

ElectedSteve LavagninoSupervisorProposedvoiceprint 0.823:23:00

Let's just go to public comment, I guess. All right. Madam Clerk?

CommentAmonProposed · by introduction3:23:05

Chair Nelson and members of the board we have 15 requests to speak on this item and we will begin in Santa Barbara with Deborah Eagle to be followed on Zoom by Ben Oakley.

ElectedBob NelsonChairProposedvoiceprint 0.873:23:20

Welcome Miss Eagle.

PresenterDebra EagleboardProposedself-stated3:23:22

Thank you. My name is Debra Eagle and I'm the general manager of Alma Rosa Winery. When I first spoke with the board, it was January of 2019 and I actually provided statistics regarding the caps that were allowed in other counties in California. At that time no one on the board seemed to be familiar with the caps there are in place in other counties in this state I won't forget that because it led me to believe that homework had not been done by the board in the drafting of the ordinance, which is the most promiscuous in the country.

Specifically regarding the new zoning overlay and today's agenda item, I would like to request a continuance so that one of the constituents that is interested in this topic, which is the wine industry has an opportunity to turn out in force and discuss it. I don't know who decided to discuss this today, but for those of you who may be familiar with the wine industry we're in harvest.

This is one of the few times that we are generally unavailable to talk about a topic that is so incredibly important to us Unlike the region I come from, which is Napa Valley. This particular region, wine growing region is largely operated by owner operators who don't have the luxury or the staff to do two things at one time such as address an important issue with the county and manage harvest. Harvest generally starts for those of you who don't know Slowly in mid-August and runs through late October.

Please, I would like to suggest that on this issue which is being considered a moderately complex amendment option, I don't view it that way and many of my peers don't. There are important issues here regarding CUPs which Alamirosa winery is generally in favor of and limits on grow sizes. Super upset to hear, Joan, that you feel the die is cast in Santa Rita Hills.

Maybe that's true. When I was here in January of 2019 this room was packed to the gills. Today no one's here. COVID's an issue. Harvest is an issue and a general sense within my industry that the Board of Supervisors doesn't give a darn. Am I over?

ElectedBob NelsonChairProposedvoiceprint 0.873:26:03

I'm going to go ahead and close public comment so no additional speakers if you haven't called in yet. And also just a reminder to the public we are bleeding into our closed session period here at this time, so we are limiting the speakers to two minutes.

UnidentifiedUnidentified speaker 14Proposed3:26:20

Mr. Chair?

ElectedBob NelsonChairProposedvoiceprint 0.873:26:21

Yes.

UnidentifiedUnidentified speaker 14Proposed3:26:22

I'm sorry one comment before the board finishes their deliberations on this is that I'm going to suggest the potential for including the noticing in Chapter 50 because the CEO's office is currently working on Chapter 50 amendments. And that way it would capture all of the approved permits, because we can't go back retroactively and apply that to permits that have already gone through the process.

So there's just food for thought.

ElectedBob NelsonChairProposedvoiceprint 0.873:26:59

Thank you.

CommentAmonProposed · by introduction3:27:03

We will now go to Zoom with Ben Oakley, to be followed by Renee O'Neill.

3:27 – 3:3210 turns

ElectedBob NelsonChairProposedvoiceprint 0.873:27:10

Welcome Mr. Oakley.

CommentMadam ClerkProposed · by introduction3:27:14

Good afternoon. Can you hear me? You can. Thank you. Well this is Ben Oakley with the Western States Petroleum Association. Once again we're hearing calls to increase regulation on the county's oil industry This time with zoning ordinance amendments that are potentially contradictory to or duplicative of existing laws. Now local activists recommending we adopt policies recently approved in other jurisdictions like Ventura County, so that begs the question how are things going in Ventura County?

Well according to the Ventura County Council Board letter dated February 23rd 2021 following approval of zoning ordinance amendments there 10 lawsuits have been filed against the county Alleging violations of state planning law, state and federal preemption, unconstitutional taking of property rights and other violations with some seeking significant monetary damages.

Ventura County quickly burned through $200,000 defending their actions in 2020 and had to approve another 1 million to cover the first six months of 2021 alone. By any objective standard these zoning ordinance amendments cannot be described as low to moderate complexity or controversy Now, the fact is that Santa Barbara County Oil and Gas is produced under the highest environmental health safety and social standards in the world.

With more than two dozen local state and federal agencies carefully monitoring oil operations including the California Air Resources Board with their world leading climate programs such as cap-and-trade and a low carbon fuel standard The bottom line is that efforts to restrict California oil production simply increase our reliance on foreign sources of oil from countries that don't share California values.

This board should support California crude oil produced right here in Santa Barbara County supporting local jobs and tax revenue under the highest environmental standards in the world, thank you. Thank You Mr. Oakley

CommentAmonProposed · by introduction3:29:14

We will now go to Renee O'Neill to be followed by Marshall Miller

ElectedBob NelsonChairProposedvoiceprint 0.873:29:22

Miss O'Neill when you're ready.

UnidentifiedUnidentified speaker 6Proposed3:29:25

Good afternoon, just reminding our committee that I prefer to speak last but it is what it is so I guess what I want to say is because the Long-range planning and Chapter 50 ordinances are not finalized yet. I don't see any reason why we can't require conditional use permits for all the either in process growers and upcoming growers that is not clear to me why we cannot require additional Conditions. Okay, with that said I wanted to support the letters and public comment from the coalition from Linda crop Deb Eagle, I heard you speak. I like to speak later because I want to address issues that are raised during the hearing but i'm going to keep this short and just say I would encourage the board and the county to do everything they can Limit the number of acres that are being developed in the SRA AR, whatever it's called.

The vid culture place on the 246 corridor and I would like to also encourage the county to if possible reduce the number of acres that are going to be allowed currently. Thank you so much for listening.

ElectedBob NelsonChairProposedvoiceprint 0.873:31:07

Thank you, Ms. O'Neill.

CommentAmonProposed · by introduction3:31:09

We will now go to Marshall Miller to be followed by Nicholas Miller.

PresenterMarshall MillerThornhill CompaniesProposedself-stated3:31:18

Hello, I'm Marshall Miller, Vice President of the Thornhill Companies. Do I have slides that are

ElectedBob NelsonChairProposedvoiceprint 0.873:31:24

available? Yes, Marshall, we have them up.

PresenterMarshall MillerThornhill CompaniesProposedself-stated3:31:27

Great. So what I would like to talk about is The concern on the number of post-LUP permit revisions that have happened. Of the 13 orange dots that you see on here that are approved projects, currently six of them have had post-LUP permit issuance revisions and so next slide. These As we walk through these, these are the examples of the six that I am speaking of.

And in the case of the first one of CHIPS 18, there have been three permit revisions on the initial permit. So let's focus on that one. Next slide.

3:32 – 3:3811 turns

UnidentifiedUnidentified speaker 2Proposed3:32:21

These permit revisions have

PresenterMarshall MillerThornhill CompaniesProposedself-stated3:32:27

We have had various implications for what is happening on site with these LUP projects. In one case, in this case I want to highlight what you're looking at is that this has led to additional acreage being planted I'm not sure how visible that is on your screen, but you can see that number 16. This is from the county website of the issuance of use of the 1500 acres. You see this third of an acre that is not as part of an LUP, but as a part of a permit revision So what are our concerns on that? And let's go to the next slide.

What we are concerned about here is, is that the current LUP process that is being used has a lack of transparency and because these things are being revised after the fact and that these revisions are not necessarily appealable if the original permit was not So these are changes and changes in some cases I've illustrated that have led to additional acreage. Mr. Miller, if you can just wrap up real quick your time is up. Okay so our concern is that there's frankly manufacturing and CUP level dynamics that are occurring as part of these permit revisions and that we would like county staff and planning to be addressing this

CommentAmonProposed · by introduction3:34:15

We will now go to Nicholas Miller to be followed by Allison Laslett.

UnidentifiedUnidentified speaker 16Proposed3:34:25

Good afternoon all, am I on? Getting used to the new way of doing this. Do I have also a presentation to put up? I submitted a map. Fantastic. All right, well thank you all very much for taking the time to hear us this morning. I certainly want to focus on the Santa Rita Hills what's going on there and give full support of the CUP and limits there but i also want to draw everyone's attention to the map that's being displayed right now and show while we have a hot zone in the Santa Rita Hills region as it's being depicted here All these dots are the different growths proposed throughout Santa Barbara County. And so my advocacy here is not only to make these adoptions in Santa Rita Hills, but really look at a holistic approach to Santa Barbara County.

So there's the same rules to play no matter what region that it's in. Fortunately I think within Santa Barbara County we've had probably more conflict than necessary between various interests in the past And I think as we continue to refine how to make sure all parties get along better with further refinements like this, it'll lead to a more prosperous county in working together. So appreciate this is an opportunity to revisit this, to refine and to grow within the county.

And so to reiterate, the preferred 20 acre cap, the conditional use permits and the odor abatements are all very desirable things to be happening in Santa Rita Hills. But I want to strongly advocate that I think that should be additionally applied to the rest of the county as well. So thank you for your time.

CommentAmonProposed · by introduction3:36:06

We will now go to Allison Laslett to be followed by Ted

ElectedBob NelsonChairProposedvoiceprint 0.693:36:10

Fox. This

PresenterAssistant Director WilsonProposed · by introduction3:36:16

is Allison last like can you hear me, we

ElectedBob NelsonChairProposedvoiceprint 0.873:36:19

can.

PresenterAssistant Director WilsonProposed · by introduction3:36:20

Great. I'm the CEO of the Santa Barbara vendors, which is the trade association for the wine industry its mission is to promote and protect the entire Santa Barbara County wine region, every American viticultural area like everyone is unique. And the creation of each of the seven ABAs in Santa Barbara County was meticulously researched and scrutinized as to their legitimacy, as unique and unmatched places to grow wine. They exist specifically here because they can only exist here, and they put Santa Barbara County on the map for wine enthusiasts around the world. And we're lucky to have them. The truth is any outdoor cannabis grow over 20 acres is going to impact its neighbors and should be considered carefully regardless of location as a board and as a community, we continue to struggle to discover blanket regulations that will allow us to coexist peacefully.

This does not tell me that we have failed, but it tells me that we need better tools. We all need access to a process that will allow us to engage more specifically on the impact of our largest cannabis grows on neighboring residents and agriculture. So towards that end, I would like to request the CUPs be required on all cannabis grows larger than 20 acres throughout the county. We've seen over the past three years that cannabis can create conflict and if we can stave it off by situating it more effectively then we owe that to residents and industries. Thank you.

ElectedBob NelsonChairProposedvoiceprint 0.873:37:55

Thank You Ms. Laslett.

CommentAmonProposed · by introduction3:37:57

We will now go to Ted Fox to be followed by Mark Shatillo

3:38 – 3:437 turns

ElectedBob NelsonChairProposedvoiceprint 0.873:38:08

Mr. Fox, are you ready?

PresenterTed FoxNorth County Farmers GuildProposedself-stated3:38:09

Yes. Can I get the page six slide from Dan Clement's presentation up please?

ElectedBob NelsonChairProposedvoiceprint 0.873:38:24

Let's go ahead and pause this time. Okay, Mr. Fox is up now.

PresenterTed FoxNorth County Farmers GuildProposedself-stated3:38:42

Okay thank you my name's Ted Fox with Pro Farms speaking on behalf of the North County Farmers Guild. First let me note that the Santa Rita Hills ABA is not a legally recognized boundary of Santa Barbara County it's a marketing designation for the wine industry As far as it being a quote-unquote boundary, that boundary seems rather open ended since you can sue Santa Rita Hills ABA to expand the boundary as Blair Pence demonstrated.

Previous cannabis amendments adopted by the Board of Supervisors have already restricted and affected cannabis applicants, operators and farmers in a variety of ways. Some have lost their property investments due to prohibitions on Ag-1 land. Others had significantly modified their projects to incur additional costs to adhere to the new requirements for per parcel acreage caps.

A quick check from page 6 of Mr. Clement's presentation finds that only 600 acres of land use entitlements have been proposed in the Santa Rita Hills ABA. Let's think about that. That's 600 acres out of a total of 31,000 acres in the ADA. In short, the cannabis projects in Santa Rita Hills ADA represents less than 2% of the entire acreage. If approved, the Board of Supervisors would allocate 60% of a county planner's work hours to study additional acreage caps and further restrictions on these cannabis projects in the AVA. Projects again that only represent less than 2% of the entire acreage in the AVA This is a prudent allocation of our county's taxpayer dollars when measured against investing in the county's limited resources for improved child care facilities, studying additional oil and gas regulations or improving wireless communication facilities.

In conclusion the current ordinance is working well And now is not the time to consider significant changes when the county's limited resources could be much better spent on other more worthy endeavors.

ElectedBob NelsonChairProposedvoiceprint 0.873:41:04

Thank you, Mr Fox.

CommentAmonProposed · by introduction3:41:06

We will now go to Mark Shatillo to be followed by Kurt Amen.

UnidentifiedUnidentified speaker 17Proposed3:41:14

Good afternoon, members of the board. This is Mark Ciotillo. I am speaking on behalf of the Santa Barbara Coalition for Responsible Cannabis, an organization that has been deeply involved and engaged throughout the county's permitting process for these cannabis facilities. We've addressed a number of different aspects and different areas and now have the last remaining problem area in the valley, the rural areas And all of those areas in Ag 2.

We saw from this spring, in June that the odor from West Coast farms and Busy Bee pervaded into Buellton and that the existing controls have not been adequate to be to control odor or to avoid impacts to surrounding agriculture. And we think that this underscores the importance Moving ahead with the conditional use permit requirement for all Ag-2 grows. We must do this now because the county is continuing the process of entitling acreage in excess of the cap and I can provide you assurances personally as a leader in the community's Involvement in this issue, that there will be support for this at the planning commission and at your board. And that this will not involve the same sort of protracted hearing processes that have consumed considerable resources when there was uncertainty and division amongst the community.

Speaking to the issue of the cap, that is the third rail in Santa Barbara County's cannabis policy Um, and certainly the failed applicants are going to put pressure on the county to make those available. And it's essential that the county does address that and you have a process to be able to make clear that process applications that have not been approved as of the date that the cap is completed need to be put into a holding pattern until such time As somebody falls out of the cap and there's additional acreage under the existing 1575 to allow additional permitting, albeit with a conditional use permit. Thank you Mr. Chair.

3:44 – 3:4914 turns

ElectedBob NelsonChairProposedvoiceprint 0.693:44:01

Mr. Amon, please unmute yourself and begin your comments.

UnidentifiedUnidentified speaker 2Proposed3:44:11

Kurt, you need to unmute.

ElectedBob NelsonChairProposedvoiceprint 0.873:44:16

OK, let's go ahead and go to the next speaker will try to come back to Mr Amon.

CommentAmonProposed · by introduction3:44:19

We'll move on to Jay Preto to be followed by Nancy Emerson.

ElectedBob NelsonChairProposedvoiceprint 0.873:44:31

Mr. Preto, if you can unmute. There you go.

CommentJay Preto I'mProposedself-stated3:44:34

Hello, could you hear me?

ElectedBob NelsonChairProposedvoiceprint 0.873:44:34

We can now.

CommentJay Preto I'mProposedself-stated3:44:36

Okay great. Good afternoon Chair and Nelson and Supervisors my name is Jay Preto I'm the owner of a man and manager of a small farm in Lombok just north of the county road yard highway 246 and Sweeney Road we're still in the CUP permit process and we are immensely concerned about the inland area cap coming to a close before we are permitted and licensed We have been processing our CUP application with the county PND since 2019. Our planner, Troy White of TW Land Planning Development wrote to you yesterday expressing the challenges of possessing a CUP application.

The CUP process is rigorous and challenging which we are okay with. We want to deliver the best project we can while maintaining a high standard of accounting. We need uncertainty as we approach our planning commission hearing We need to know that we will be afforded the opportunity to subsequently apply for and obtain a business license. We believe that in establishing the cap, the board wanted to speak to the location size and concentration of cannabis cultivation areas within the county. We believe that the CEP allows for public participation and thoughtful deliberations By the PC fundamentally addressed these underlying reasons for the cap.

We ask that the board, direct CEO and P&D staff to study low applicants who are already in the permit process can be afforded and the ability to be licensed once the existing cap has been reached. Thank you for your time.

ElectedBob NelsonChairProposedvoiceprint 0.873:46:11

Thank You Mr. Prado

CommentAmonProposed · by introduction3:46:14

we will now go to Nancy Emerson to be followed by Eric Lightman

CommentBoard Hearing Room ChambersProposed · by introduction3:46:26

Yes, I'm in support of the proposal by Joan Hartman and there have been some very wise comments already on this issue. It's clear to me that the appeals process has highlighted the complexity of this whole application process and the need to find ways to coexist for cannabis growers, and those of us in communities and ag areas. The CUP is a way of encouraging negotiation and avoiding appeals.

Appeals are good for deep pocket people who can afford them, but there are citizens who cannot afford appeals and we need to find a different way of working together. Those are my comments. Thank you. Thank you, Miss Emerson.

CommentAmonProposed · by introduction3:47:42

We will now go to Eric Lightman to be followed by Lee Johnson.

CommentEric LightmanProposedself-stated3:47:51

Thank you. Good afternoon. Yeah, my name is Eric Lightman I work with Jay Preto we are a small five acre farm that's been in process in the CUP process for over two years now and we've been going through this process diligently responding to comments changing our diagram doing studies environmental studies going through Every single step that we are required to do under the CPU process. And during that time, we've seen other projects go through the CUP and LUP process, and they've come out the other end they have business licenses and they're on their way to getting up and running.

And here we are, as we approach the cap and we it looks like we might be left high and dry after two and a half years of going through this. So I would just urge you to consider small farms like us that have done everything that was asked of us, and we're going to be potentially on the outside looking in. You know, I'd like you to consider small farms like us that are just trying to go through the process and get operational. And we would respectfully ask you to give an option to people like us in the pipeline who've done everything that was asked of us to give us an opportunity to come out the other end with an operational farm here in Santa Barbara County. So thank you all for your consideration.

Thank you Mr. Lightman

CommentAmonProposed · by introduction3:49:24

We will now go to Lee Johnson, to be followed by Kurt Amon who is our final speaker.

3:49 – 3:5918 turns

UnidentifiedUnidentified speaker 2Proposed3:49:41

Hi can you hear me?

ElectedBob NelsonChairProposedvoiceprint 0.873:49:47

Yes Miss Johnson we can.

UnidentifiedUnidentified speaker 18Proposed3:49:50

Okay, thank you. I just want to say that Councilor Gazzone had mentioned about a year ago that applicants do not vest to a project so that's something to take into consideration. I'm sure the growers probably knew that when they filed their applications. I agree with the CUPs on all projects and the notice of harvest would be good for safety of the communities Being in Ag 2, we would be happy to have a say on odor control and the residents that live in the area that maybe live adjacent to an EDRN.

We would like to be protected as Supervisor Adam had said sometimes adjacent groves are just as problematic as being in the EDRM is if they weren't in the ERDR. Yeah, that's pretty much I just think we should protect the vineyards and I agree with Supervisor Hartman. Thank you.

ElectedBob NelsonChairProposedvoiceprint 0.873:50:59

Thank you Miss Johnson.

CommentAmonProposed · by introduction3:51:02

We will now go to

ElectedBob NelsonChairProposedvoiceprint 0.693:51:03

Kurt Amon who is our final speaker.

ElectedBob NelsonChairProposedvoiceprint 0.873:51:14

Mr. Amon you need to unmute?

CommentAmonProposed · by introduction3:51:16

Mr. Amon, you may need to proceed with

ElectedBob NelsonChairProposedvoiceprint 0.873:51:20

your questions. Yeah we can hear you now go ahead proceed.

CommentKurt Amon I'mProposedself-stated3:51:25

So my name is Kurt Amon I'm the GM for Melville Winery. I wanted to first start off by saying as we've said all along we're not against cannabis but I wanted to comment on the size as we've seen over the last several months size is a big deal because the logistics involved The 40 acre grow along 246 took over 10 weeks to harvest. Subsequently, their second planning they did in phases with larger size harvest and infield processing to successfully get through harvest takes longer than anyone has said previously which directly leads to a larger impact on the surrounding area and the communities Living in Solvang, driving through this corridor every single day twice a day. I can tell you that this idea that the aroma or odor was going to be a short window of time is a fallacy.

With larger grows it takes more time to get it planted and it equates to a longer harvest time. I think you need to look at 20 acres or less than 20 acres from a logistical standpoint. There are things that affect the cannabis growers that slow the process down even further, but do not consider the logistics. I think you guys are not realistically looking at this situation so I agree that CEPs are necessary and I think it alleviates a lot of the appeal process which Thank you Mr. Ammon. All right that concludes public comment

not transcribed≈19s of audible speech the AI couldn’t make out▸ listen
ElectedBob NelsonChairProposedvoiceprint 0.873:53:42

Do staff have any additional comments before we begin deliberations?

UnidentifiedUnidentified speaker 14Proposed3:53:47

Mr. Chair, no I do not.

ElectedBob NelsonChairProposedvoiceprint 0.873:53:51

Supervisor Hartman.

ElectedJoan HartmannSupervisorProposedvoiceprint 0.823:53:52

I did have a question following up on Mr. Marshall's post-permit revisions that add acreage. Could you clarify that?

UnidentifiedUnidentified speaker 14Proposed3:54:05

Mr Chair, Supervisor Hartman. We in the department have processed some revisions to land use permits where they are simple and they've been non-controversial. We have a set of guidelines that require us to check a number of boxes before we can do that. I don't know the specific case that he is referring to, whatever the revision was should have been very minor. I can find out more information and feed that back to you.

ElectedBob NelsonChairProposedvoiceprint 0.873:54:36

Could potentially that have been removing processing and adding more cultivation, keeping the same acreage project-wise?

UnidentifiedUnidentified speaker 14Proposed3:54:43

Mr. Chair, that's possible.

ElectedSteve LavagninoSupervisorProposedvoiceprint 0.823:54:46

All right. Supervisor Lavinio. Thank you, Ms. Chair. First of all, I just want to say something because I think it needs to be said. So I haven't seen one person up on this dais support opening the cap right? So I don't know how much clearer we can be about 1575 is the number that obviously is going to have complications. We knew that when we came up with the number everybody that filed an application knew There are going to be people that did everything they were supposed to do and they're not going to make it. And we know that. We're going to have to work that out as far as, you know, there could be legal issues whatever it is, it is.

But for now it to be the third rail and all these things I don't see that because I don''t see anybody up here talking about opening the cap. So let's just put that thing One of the questions I do have about the cap, though, is that I have seen some people that get a land use entitlement that are more interested in flipping the property than they are producing.

And we've got ghost acres out there of projects that are eating our cap number and not contributing to the revenue side of things. And I'm wondering if we can get somehow a report back from P&D or from the CEO's office that says, here's who's not producing and maybe never planning on producing. It was an investment and for some reason they're just not interested in producing the crop. That would be something that would be helpful for me.

I also want to remind people of 1,575 acres. They just read the crop report and we've been down this road before but broccoli 16,000 acres, lettuce 14,000 acres, strawberries 10,000 acres, cauliflower 11,000 acres. Cannabis is in the same niche as summer squash and Brussels sprouts. And I know people are going to say well it's not the same. I get that. I'm just talking about the actual size of the footprint Brussels sprouts.

I'm totally anti-Brussels sprout, I'll come out right now on that one. Anybody orders it around me has got a problem because I will tell you to move it away from me, it smells. And the other thing I wanted to talk about too is I keep hearing during public comment a lot of times it's that over concentrated in a certain area and it is whether it's over concentrated or not, it is concentrated but we have to remember how it got concentrated. It got concentrated because we made decisions The bandit in multiple areas of this county. And so when you take the 1575 acres instead of spreading it out everywhere, we concentrated it and said you can't do here. You can't do it here. You can't do it here and end up with a place where you could do it.

So for me, you know whether or not what you do with projects that come after the cap You know, that's a discussion for me at least for another day. And I'm not totally opposed to them being CUPs because it would be interesting to see how many of them that we feel aren't going to make it are LUPs and I don't even know. We might be discussing something that there is no project out there that would fall into that category but I haven't seen those numbers.

For me, we've got six-tenths of an employee to work with here. It looks like for the next fiscal year where I'm at on that is that I would like to see us do what we should be doing which is the wireless communications which obviously there was nobody here to talk all about it but that's what our staff is asking us to do and then if we covered the child care facilities that gives a six tenths of an employee I'll talk about the wine and gas just for a second. Wine and gas, that's a new one. Oil and gas.

Oil and gas to me is another thing where we—it was really interesting inside this actual item is that when we talk about ordinance changes, I don't know how much the public understood obviously because every time it's cannabis everybody But having Ben Oakley here from WISPA is something, but I don't know how much noticing we're required to do or whatever. But I'm sure it's all legal. It's just that they'll have another bite at the apple when the ordinance comes and maybe that's when we hear from everybody. But for me it would be wireless and child care facilities.

3:59 – 4:0622 turns

ElectedBob NelsonChairProposedvoiceprint 0.873:59:54

Thank you Supervisor Abenio. Supervisor Hartman?

CommentBen OakleyProposed3:59:56

Mr. Chair, before we go on I just wanted to address one thing that Supervisor Labadino raised which is where someone has a land use permit and then is just not using it so I just wanted to point out that eventually if the land use permit isn't used it will expire so there's only a certain period of time that it'll sit out there so to the extent that's helpful

ElectedSteve LavagninoSupervisorProposedvoiceprint 0.824:00:16

okay yeah that is helpful but let's explain that can you Lisa Miss Plattman

UnidentifiedUnidentified speaker 14Proposed4:00:22

Mr. Chair, Supervisor Levin you know yes so a land-use permit has a life of one year and then it can be extended for one year so it would be up to two years that it would live if they didn't vest into that land use permit okay

ElectedSteve LavagninoSupervisorProposedvoiceprint 0.824:00:37

and what would require them to vest into that permit I mean well could they go out there and put one plant two plants and their vested or what does that look like

UnidentifiedUnidentified speaker 14Proposed4:00:48

That's a good question. So they could plant, they could plant half their acreage that's correct but when they come back the next year for their business license then their business license is probably going to reflect what their agro is would be my guess

ElectedSteve LavagninoSupervisorProposedvoiceprint 0.824:01:01

okay

UnidentifiedUnidentified speaker 14Proposed4:01:02

but well

ElectedSteve LavagninoSupervisorProposedvoiceprint 0.824:01:03

and I'm sure it's a staff normally as staff decision where you guys grant an extension does that come before the Board of Supervisors or not?

UnidentifiedUnidentified speaker 14Proposed4:01:10

It's a staff level.

ElectedSteve LavagninoSupervisorProposedvoiceprint 0.824:01:11

Okay, well personally I would like to I think that's actually a valid policy decision whether or not to extend somebody on something that's this controversial so I mean if it's fine with you even if it was an A item that we just throw something on there to say we are extending for another year somebody's land-use permit that hasn't vested I'd like to know that because I'm not sure that I mean you're going to have all these people lined up that want to do this and you've got somebody out there. That's just using it as an investment and tying it up.

I think that, you know, I mean, I'm I think it's something we should talk about at least

UnidentifiedUnidentified speaker 14Proposed4:01:55

Mr. Chair Supervisor Lavin, you know the way the code is written is that it's the department that makes that decision. We can certainly provide notice to the board when we start receiving

ElectedSteve LavagninoSupervisorProposedvoiceprint 0.824:02:05

yeah, that would be helpful

UnidentifiedUnidentified speaker 14Proposed4:02:07

information on that and can give you

ElectedBob NelsonChairProposedvoiceprint 0.874:02:11

Thank you. I'm going to ask a quick question while we're on that because cultivation doesn't mean the plant, there's groundwork so you know I would assume for using cultivation as a term I mean that's ground work and we've used that to do legal non-conforming for this process so the bars can be really low for somebody to vest and am I not wrong in

CommentBen OakleyProposed4:02:38

Mr. Chair, members of the board I'm looking up the standard for vesting. I believe it's substantial reliance and part of it is actually using the permit so it kind of depends on what the permit is for whether there's any construction that goes with that and then So we look at each permit generally when we look at vesting and whether or not it expires. But I've got the legal standard for you. All

ElectedBob NelsonChairProposedvoiceprint 0.874:03:13

right, I think it's Supervisor Hart and then Hartman?

CommentRenee O'NeillProposed · by introduction4:03:19

I think it would really be helpful for a shared understanding of how staff would describe to us what is going to happen with the folks on the other side of the cap. Because I don't know that all of us are on the same page about understanding that, you know? Please just sort of walk us through what's happening as we get closer to the caps.

UnidentifiedUnidentified speaker 14Proposed4:03:38

Mr. Chair, Supervisor Hart. So right now we have a process where applicants can submit for their permit and their business license. They cannot get on a list to be eligible to receive that business license until they have an approved permit, right? So permits get approved, they move into the process to get their business license. If all of the, if we have let's say 1600 acres of approved cannabis they will all move into that business license process and move through that. Some may make it some may not. We don't know.

But the Planning and Development Department, which just oversees the permit process will continue to approve permits or consider permits and approve them if they meet the code. Or take them to the Planning Commission if it's a CUP until we don't have applications to process. That's how it will work. They can get their approval and they can wait to see if on the annual renewals of those business licenses, people drop out and then there's room for them to be moving forward. If you're a non-conforming grow and you didn't get through the process in time and get under that cap, you'll end up having to shut down your operation There'll be a period of time that will be granted for those people to shut down their operation. But that's really how it works, I mean we are essentially required to continue to process the permits that come into the department and then they will sit there and potentially they will expire if they can't get a business license.

CommentRenee O'NeillProposed · by introduction4:05:33

That doesn't imply that that permit has any validity. I mean, you're going through the process and you're processing it but the only way you can operate effectively operate that permit is with a business license.

UnidentifiedUnidentified speaker 14Proposed4:05:43

Correct.

CommentRenee O'NeillProposed · by introduction4:05:44

It's somebody's risk or financial exposure there. It is on them to spend money going through this process that we are all telling them clearly doesn't have a finish line unless this board would change its policies. I suspect a lot of people aren't going to do that. That doesn't make a lot of financial sense. There might be people who are speculative and who are willing to wait for that time and want to preserve that place in line, but some of the folks at the end of 1500 acres are going to rationally look at that and go that's a bad bet and I'm not spending more money on

4:06 – 4:1424 turns

ElectedJoan HartmannSupervisorProposedvoiceprint 0.824:06:25

A few questions. So how many acres are we likely, are in the permit process that are unlikely to get through to the business license?

UnidentifiedUnidentified speaker 14Proposed4:06:41

Mr. Chair, Supervisor Hartman I'm not sure I completely understand that question. I mean we have over 3,000 right in the process And only 1575 can actually get a business license. So all of the remaining acreage, which is close to 1500 will not get a business license. Is that the question? That's the

ElectedJoan HartmannSupervisorProposedvoiceprint 0.824:07:01

question and then we may have some that fall out of business license either from lack of compliance or they didn't get it in the first place so and it's a first come first serve I assume for people first First to get their permit, first served. Now I think what I understand you saying is that if they can't get a business license in one or two years that their investment in getting the permit is for naught for those other 1500 acres.

UnidentifiedUnidentified speaker 14Proposed4:07:34

In a

ElectedJoan HartmannSupervisorProposedvoiceprint 0.824:07:35

year or two those would expire.

UnidentifiedUnidentified speaker 14Proposed4:07:37

Mr. Chair, Supervisor Hartman that's correct those land use permits will expire.

ElectedJoan HartmannSupervisorProposedvoiceprint 0.824:07:40

And are we absolutely sure given what supervisor or what chair Nelson has asked about and that is what constitutes vesting because I think that's a critical question and we certainly did see that in the legal non-conforming where you know just if you plowed the land That was enough.

not transcribed≈13s of audible speech the AI couldn’t make out▸ listen
UnidentifiedUnidentified speaker 14Proposed4:08:10

Supervisor Hartman through the chair, we have been working with County Council on this question as we've been looking at Chapter 50 amendments and what's going to happen with non-conforming uses and whatnot so I think we need to do a little bit more in depth analysis of it but my sense of it that plowing the land is not going to be sufficient to be vesting for cannabis You have to be, either you've constructed your processing facility and you've started to grow a crop.

That type of thing I think would be considered vesting but I'm happy to have Ms. Van Molen weigh in on that.

ElectedJoan HartmannSupervisorProposedvoiceprint 0.824:08:52

And may I ask just one other question? What if you grow hemp, that kind of cannabis, would that

UnidentifiedUnidentified speaker 14Proposed4:08:57

vest your... Okay, so Supervisor Hartman through the Chair, that would not vest you to your cannabis.

ElectedBob NelsonChairProposedvoiceprint 0.874:09:07

Mr. Dressen

UnidentifiedUnidentified speaker 19Proposed4:09:09

Supervisor Lavagnino and the rest of the Board of Supervisors, so the general rule for vesting is that the Operator would need to in good faith diligently perform substantial work in reliance on the building permit or excuse me the permit For cannabis especially for new grows if they have an approved and issued land-use permit They cannot cultivate cannabis or take any action related to cannabis until they obtain the business license And because business licenses, if there's a change in ownership they would need to get a new business license. I think practically for projects that obtain a land use entitlement and then try to sell based on that have not obtained a business license because the new owner would need to get their own business license so practically I don't think they're able to vest by cultivating cannabis because cultivation would be in violation of Chapter 15.

ElectedBob NelsonChairProposedvoiceprint 0.874:10:02

Yeah, but there's often a lot of investment needs take place like fencing security fencing. That's tens of thousands of dollars which seems to be would be a investment that might perfect that entitlement.

CommentBen OakleyProposed4:10:18

So Mr. Chair, members of the board so I do think as I was saying before we look permit by permit so the ones that I would envision may be able to vest would be where they have also as part of their permit construction of facilities but if they don't have that and it's pure cultivation they're not supposed to be starting that at all until they have a business license And they also can't use their facilities until they have a business license. They may be able to construct, but I'm going to turn it over to Ms. Richardson to clarify.

UnidentifiedUnidentified speaker 19Proposed4:10:52

Chair Nelson and Supervisors, practically in terms of fencing, I think the fencing would need to be approved by the Sheriff as part of the business license process. There may be a circumstance where they invest in fencing, but whether or not it's consistent with the permit I think would depend on the particular circumstance.

ElectedBob NelsonChairProposedvoiceprint 0.874:11:13

And I guess the question also is most every project has some level of outbuildings even if minimal for restrooms or offices? I mean, I can't think of any one that's just purely cultivation that I've seen. Am I not wrong?

UnidentifiedUnidentified speaker 14Proposed4:11:30

Mr. Chair, I think you're correct in that most do—I mean they all have to have fencing and landscaping and all of that and often have a guard shack. Some facilities have more investment in structures such as a processing facility or restrooms But there are some that do, you know a small group that they're just proposing to grow on it because they've had. That farm has been operating doing something else and they already have those buildings in place maybe the fencing would be new but so you're right for the most part though I would say

ElectedBob NelsonChairProposedvoiceprint 0.874:12:12

Thank

CommentBen OakleyProposed4:12:12

you. And Mr. Chair, members of the board, I'll just add one more thing that when you look at the substantial reliance on the investment, that's after you receive the permit. So it's not the investment they put in going through the process and putting in all of the materials. It's after they receive a permit relying on that permit.

ElectedBob NelsonChairProposedvoiceprint 0.874:12:31

And I guess that's where the question is. There'll be people that will receive LUPs, they go build a fence, they build the restroom, they've got an entitlement there that's going to sit there dormant so it's not necessarily gonna expire after two years. I think it's you know for as much money that people put into these projects at this point for them not to be creative and find a way to entitle it that without getting any business license for future investment potential I think is a real thing that we should be thinking through All right. Supervisor Hartman then

ElectedJoan HartmannSupervisorProposedvoiceprint 0.824:13:04

Hart? I just wanted to say emphatically, I agree with what you said. I also just wanted to state that I think moving the harvest rate to Chapter 50 is a good idea so I still think it's important that we give direction to develop an ordinance amendment that requires a CUP for inland projects And so I would like to see that and if you ask me what my priorities are, I think your offer to extend to a full year and get that list would be good.

And I think child care has to be at the top of my list after the CUP and then the wireless communication. I think Supervisor Hart raised some extremely good points about oil and gas in the future, and I think I'd like to see that addressed. But it would be my lowest priority among these.

not transcribed≈8s of audible speech the AI couldn’t make out▸ listen
ElectedBob NelsonChairProposedvoiceprint 0.874:14:06

Thank

CommentRenee O'NeillProposed · by introduction4:14:06

you,

ElectedBob NelsonChairProposedvoiceprint 0.874:14:06

Supervisor Hartman. Supervisor Hart?

4:14 – 4:2219 turns

CommentRenee O'NeillProposed · by introduction4:14:12

What I'm hearing from staff about the vesting process and the intertwining of Chapter 15 with the land use process, the more confidence that I'm getting that many of the things we're worried about are not going to happen. Or at least the things we're talking about right here. We don't know that definitively and I'll wait to hear more details from Ms. Van Molen in her report.

You know, if you're sitting on a land use entitlement and you're playing the game of trying to vest by building things and spending money but you're not getting a business license, you're not in the game. That's not gonna win you anything and we're gonna deny you a business license after a year of doing that. And so I think people who are wanting to do this have a path And folks who want to play games will be exposed for doing that. I think that's where we want to be.

ElectedBob NelsonChairProposedvoiceprint 0.874:15:10

All right, thank you Supervisor Hartman.

ElectedJoan HartmannSupervisorProposedvoiceprint 0.824:15:13

I just have to say there have been a lot of games played in this and I think there is a lot of uncertainty around vesting and a lot of money involved so I think this is an insurance policy to protect the Board's discretion going forward

ElectedBob NelsonChairProposedvoiceprint 0.874:15:32

And I would concur. That's actually the term I was going to use, was insurance. And so as far as my priorities looking at this, and we still need to hear from Supervisor Williams, the child care, I think is probably one of the top of my list to try to figure out a way to streamline that. I think a lot of people have brought up the greater need that exists with childcare and finding a way to streamline our process find ways to make that possible, understanding that some of our development standards might be too burdensome compared to the public good of having additional child care options for our families. That would be my top priority followed by the CUP piece and within the inland for cannabis cultivation, understanding that that would take place sometime after we reach the cap.

You know I'm not proposing that for people who are still in the pipeline. I think that even if we propose that, we don't have enough time for that to happen. If we need to as a board wait and hear a little bit more back from staff on what this all looks like, I would like to reserve that spot of the FTE for that because if we're waiting till next year's long-range work plan You know, you're gonna see another 500 or 1,000 acres get through the LUP process that will probably go through without appeals because there'll be a false sense of security for the public that we have that cap in place and there's no chance that those operators will be able to get a business license. And I'm just not that secure in that. I think that there's gonna be ways, there's gonna be lobbying.

There's many things and I think creating a CUP assures that every future application It has to go to the Planning Commission and if appealed, to the board. And I think it's unfortunate like Supervisor Williams thinks that takes so much to do that but I think it is an important insurance policy for the county moving forward. I also just wanna address the oil and gas amendments. Most of these things are duplicative already exist in state law Most of these requirements would only apply to future projects that this board decided to approve.

I think with as many big things that this board is doing, we're already going to have oil projects that we're going to discuss on this board and have conflict on. I just don't know if this is the best use of our time and with long-range planning moving forward. I'm generally not, well, I'm not supportive of them as what I've read about them so far. I think this board will have a discretion on future oil projects.

So going down this route, I think is just sends the wrong message to especially many of our people in my district who work in this industry that are supportive and supports their families on what our take is on this And again, most of these already exist in state law and I think we should avoid going down that road. Supervisor Levenson?

ElectedSteve LavagninoSupervisorProposedvoiceprint 0.824:18:50

Thank you Mr. Chair. I'm just curious if we can get a motion and I think we're probably gonna have to take these individually so that we can all be on the record of what we support and what we don't. So I'll move the child care facility update

ElectedBob NelsonChairProposedvoiceprint 0.874:19:10

So I guess, and Supervisor Williams has some comment here. Comment on this motion in a second. This would then become our top priority?

CommentRenee O'NeillProposed · by introduction4:19:20

I think the only thing with taking them separately is what order of priority they will be in whether But I mean, you know it seems to me that our universal top priority is child care facilities. And so I think maybe maybe it'll work if we I think

ElectedBob NelsonChairProposedvoiceprint 0.874:19:51

that's a good idea because I would get that off the top. I know we're still working on hiring somebody, so maybe that's even where we stop today and have a further hearing on the CUP if that's what's necessary for noticing purposes. But I'm willing to take that as our first initial motion. Ms. Van Molen, would that work?

CommentBen OakleyProposed4:20:08

Mr. Chair, members of the board what I was thinking is maybe these if you want to do them individually we could do them as conceptual motions and then see where everyone stands and take one motion with direction to

ElectedBob NelsonChairProposedvoiceprint 0.874:20:18

staff. I think there's some people here that might not want to vote on the final motion of let's say we had CUP in there and we only have three votes for that. I don't think Supervisor Lavigny or Supervisor Hart want to vote against child care. So we want to be able to since it's Supervisor Hart's idea. Can we make a motion that is our top priority for this?

CommentBen OakleyProposed4:20:45

Yes, you can do it that way. And then we'll see what happens after that. I did want to address one comment that you made about your concern on the oil and gas regulation being duplicative of state law. If that was a priority in direction of the board, that is something that we would look at. There are a lot of state regulations related to oil and gas, and we would want to make sure that we're not intruding on the state's territory on that so we would look at that if that was the direction of the board to move

ElectedBob NelsonChairProposedvoiceprint 0.874:21:12

All right, thank you. So we have a motion and a second. I'd like to move forward with that motion then at that time I'll entertain any additional motions the board might have. So all in favor of making child care their top priority signify by saying aye. Aye. Those opposed? Motion passes unanimously. So we've used up 0.2% of our FTE here I think I might have heard three votes for the cannabis issue. I'm not sure, I know we got a lot of votes for wireless communication. My concern about wireless communication while I'm supportive of that If we close the window on dealing with the cannabis CUP issue, we're going to have more LUPs approved after the cap is full. And it won't be till next year. So that's my concern with moving forward without that motion today and choosing something else.

I appreciate hearing from some of my colleagues. Supervisor Hartman?

ElectedJoan HartmannSupervisorProposedvoiceprint 0.824:22:19

Yes, so I'll put a motion on the table at least that we give direction to staff to develop an ordinance amendment that requires a CUP for inland projects going forward. Those that haven't been permitted yet.

ElectedSteve LavagninoSupervisorProposedvoiceprint 0.824:22:38

That's different than what we talked about though. So you talked previously, we talked about anything post 1575. We're going to

ElectedBob NelsonChairProposedvoiceprint 0.874:22:46

be

ElectedSteve LavagninoSupervisorProposedvoiceprint 0.824:22:46

there in a week. No I know but what I'm saying is there could be a project right now that's coming up for an LUP and if with that motion... You're

ElectedJoan HartmannSupervisorProposedvoiceprint 0.824:22:52

absolutely

ElectedSteve LavagninoSupervisorProposedvoiceprint 0.824:22:53

correct. Thank

ElectedJoan HartmannSupervisorProposedvoiceprint 0.824:22:54

you for the clarification. That's what I mean.

4:22 – 4:2825 turns

UnidentifiedUnidentified speaker 1Proposed4:22:58

Supervisors, I think we need a little bit more clarification on what that number is and when so I was gonna hand it over to County Council Venable.

CommentBen OakleyProposed4:23:07

Mr. Chair, members of the board so As a general rule, to be able to make the findings on a permit when we approve it they need to be in compliance with the development code. So it's not going to be effective until it goes through the Planning Commission and is adopted by our board 30 days later but if there happens to be a permit that's not completed and it's an LUP application and now we require a CUP we need to apply the development code that's in effect at that time But it's going to take us a little while to get there. And so the ones that are in process hopefully would move along, but I just wanted to make sure that was clear.

ElectedJoan HartmannSupervisorProposedvoiceprint 0.824:23:48

So if I'm understanding the 1575 isn't exactly right because we're going to have some stragglers before we can get something actually implemented. So could you suggest wording for the motion for us?

UnidentifiedUnidentified speaker 14Proposed4:24:01

Can I just interrupt for one second?

ElectedBob NelsonChairProposedvoiceprint 0.874:24:02

Director Palermo please save

UnidentifiedUnidentified speaker 14Proposed4:24:04

us. I think we're mixing cap and permits So the 1575 is the cap in the business license process. The number of approved permits is a different number, right? Correct. So we will continue to approve those and if there's a permit that hasn't been approved by the time this ordinance gets adopted by the board that permit would convert to a CUP and essentially what that would mean for that applicant is they go to a hearing at the PC rather than having staff approve the permit They have to meet all the same standards that they would in either permit type.

I'm sorry, does that

ElectedBob NelsonChairProposedvoiceprint 0.874:24:45

answer your question? So time frame right now if it was a go through when would we be seeing at the board just a rough estimate

UnidentifiedUnidentified speaker 14Proposed4:24:57

I don't know, four or five months. Four

ElectedBob NelsonChairProposedvoiceprint 0.874:25:01

or five months? Is there

UnidentifiedUnidentified speaker 14Proposed4:25:02

any chance

ElectedBob NelsonChairProposedvoiceprint 0.874:25:02

that we are not at the cap in four or five months?

UnidentifiedUnidentified speaker 14Proposed4:25:05

No.

ElectedBob NelsonChairProposedvoiceprint 0.874:25:05

Okay. So functionally this would be post-cap?

UnidentifiedUnidentified speaker 14Proposed4:25:09

Correct.

ElectedBob NelsonChairProposedvoiceprint 0.874:25:12

So I do think we give direction to modify future inland OUPs to be CUPs today, or at least staffed to begin that process. Of course, we'll have a full hearing on that and the board will, at that point, can have a chance to oppose that if it gets the votes. But at this point, I believe there's votes potentially to move that forward. So want to restate that motion and see if there is a second?

ElectedJoan HartmannSupervisorProposedvoiceprint 0.824:25:43

Yeah I'm still, I wanted to say that I think time is of the essence given the way that's been framed. And again I want to make it really clear so either County Council or Director Plowman would you like to state the motion correctly? So that it fits within our processes.

UnidentifiedUnidentified speaker 14Proposed4:26:06

Mr. Chair, Supervisor Hartman I will give it a shot that the board direct planning development to work with County Council to develop an ordinance amendment that would require conditional use permits for cannabis applications post adoption full stop basically in the inland

CommentRenee O'NeillProposed · by introduction4:26:30

area but it is the intent that did not apply once we're past the cap

ElectedJoan HartmannSupervisorProposedvoiceprint 0.824:26:37

So that is the motion.

ElectedBob NelsonChairProposedvoiceprint 0.874:26:40

Is there a second to that motion?

PresenterStephen YeeProposed · by introduction4:26:46

Chair Nelson and members of the board, I believe Dan Clement would like some clarification on the inland area perhaps we can hear from him. Sure

CommentDan Clemon HeProposed4:26:55

Mr. Clement. Yes chair Nelson and members of the board i want to make it clear that you intend to have this apply to all the areas that are currently subject What we are calling the inland cap, but that cap actually applies everywhere outside of the Carpinteria Agricultural Overlay which are both inland and coastal

ElectedBob NelsonChairProposedvoiceprint 0.874:27:14

areas. Thank you for that clarification I think it does so it's everywhere outside the Carpinteria Cap.

CommentDan Clemon HeProposed4:27:24

That is the area which is currently subject to this inland cap as has been called? Yes sir

UnidentifiedUnidentified speaker 14Proposed4:27:30

So Mr. Chair, that would involve, I'm glad Mr. Clement raised that, that would involve changes to Article 2 potentially and we may want to focus those changes on the LUDC instead of Article 2. Because that will extend. Yes, so how do we frame that? So now we could revise the motion so that it was requirements for changes to the LUDC strictly.

4:28 – 4:3541 turns

ElectedBob NelsonChairProposedvoiceprint 0.874:28:07

I didn't hear a second on that. So, um, I'm going to go ahead and second that motion not hearing one so now we'll discuss it.

ElectedSteve LavagninoSupervisorProposedvoiceprint 0.824:28:19

Comment on that is for me.

ElectedBob NelsonChairProposedvoiceprint 0.874:28:20

Actually, it's Supervisor Williams

ElectedSteve LavagninoSupervisorProposedvoiceprint 0.824:28:22

and then

ElectedBob NelsonChairProposedvoiceprint 0.874:28:22

it's Supervisor Lavenito and then Supervisor

CommentRenee O'NeillProposed · by introduction4:28:24

Hart. No, I'll support that as our second priority. Supervisor Lavenito and

ElectedBob NelsonChairProposedvoiceprint 0.874:28:29

Supervisor Hart?

ElectedSteve LavagninoSupervisorProposedvoiceprint 0.824:28:33

Staff time and I mean, if you're not gonna be able to get it done for a few months, then it's going to go to the Planning Commission. Then it's going to come to the Board of Supervisors and by that time we might be sitting on 18 1900 acres that are approved. I would really like to know before we go through all of this. Are there LUPs out there that would then change to CUPs? I mean, we might be doing a bunch of big exercise for three projects or two projects. So I think we should probably know what we're regulating before we put the regulation down. So it'd be nice to know like oh there's ten projects or there's two projects or one project.

CommentRenee O'NeillProposed · by introduction4:29:13

More than nice. Kind of important.

ElectedSteve LavagninoSupervisorProposedvoiceprint 0.824:29:16

Mr.

ElectedBob NelsonChairProposedvoiceprint 0.874:29:17

Chair? Director Plowman, can you provide some clarity to that?

UnidentifiedUnidentified speaker 14Proposed4:29:29

It's hard to give you a hard number. What I would like to say is, I believe most of the permits that are sitting out there are land use permits because not a lot require CDPs. I mean, I'm sorry, CEPs. So I would say there are definitely more than 10 and they're probably I'm going to say 50 off

ElectedBob NelsonChairProposedvoiceprint 0.874:29:59

the top of my head. All right,

ElectedSteve LavagninoSupervisorProposedvoiceprint 0.824:30:01

thank you.

ElectedBob NelsonChairProposedvoiceprint 0.874:30:02

Supervisor Hart?

CommentRenee O'NeillProposed · by introduction4:30:04

Yeah, I guess this will evolve because it's coming back but you know I just do think that this is a solution in search of a problem.

ElectedBob NelsonChairProposedvoiceprint 0.874:30:15

Understood. Supervisor

ElectedJoan HartmannSupervisorProposedvoiceprint 0.824:30:16

Hartman? No.

ElectedBob NelsonChairProposedvoiceprint 0.874:30:19

All right then I'm gonna go ahead and call the question. Madam Clerk will you please roll call?

Roll-call vote Passed 3–2
Show transcript
Supervisor Hartman? Aye. Supervisor Lavenino? No. Supervisor Williams? Aye. Supervisor Hart? No. Chair Nielsen? Aye
CommentAmonProposed · by introduction4:30:38

Motion passes 3-2. So

ElectedBob NelsonChairProposedvoiceprint 0.874:30:40

I think that subscripts the full .8 which is our optimistic amount for this or actually no it does yes .8 So I think that no further allocation is available at this time for long-range planning. Supervisor Williams?

CommentRenee O'NeillProposed · by introduction4:31:01

First of all, I don't think the CFE again should take .6 FTEs. So I do want to make a motion to add oil and gas and wireless communication facilities as our third and fourth priorities for long range planning respectively.

ElectedBob NelsonChairProposedvoiceprint 0.874:31:25

Supervisor Labadino and then to CEO Miyasato.

ElectedSteve LavagninoSupervisorProposedvoiceprint 0.824:31:31

I'll follow the CEO.

UnidentifiedUnidentified speaker 1Proposed4:31:34

Supervisors, so one thing is that I converted Director Plowman and while And changing the CUP issue, the drafting is going to be pretty not too difficult. It is the processing and just the discussion that you had today is going to be an indication of the discussion that's going to happen at the Planning Commission and the community so I would not assume it will be less than .6 FTE. Having said that, you can state your priorities.

Miss Plavin comes back either at budget or the long-range plan, she can tell you where those fit and those might just be carried out to future years. So I'm saying you can still do as Supervisor Williams said put it as different priorities. I'm just cautioning you that may be in the future.

CommentRenee O'NeillProposed · by introduction4:32:21

For the record, we're just starting some of the things that we determined was a priority three years ago. So I think it's important to put a marker down if there is anything you want to get done.

ElectedSteve LavagninoSupervisorProposedvoiceprint 0.824:32:40

Just FYI, we did just now take out of the four options. We took the staff recommendation that said it was the most important and we made it to last one. So just a heads up on that. I mean, to me, we're just piling on things that we're not going to do. And if that makes you feel better that it's on a piece of paper, I get it. So I'm not gonna be able to support the motion. All right. Supervisor

ElectedJoan HartmannSupervisorProposedvoiceprint 0.824:33:06

Hartman? Could you repeat the motion please?

CommentRenee O'NeillProposed · by introduction4:33:10

The motion was to make oil and gas and telecommunications facilities the third and fourth priority of this list, respectively. Because the harvest stuff can be done through Chapter 50.

ElectedBob NelsonChairProposedvoiceprint 0.874:33:26

And that was seconded by Supervisor Hart. All right, any further discussion? I'm sorry, Director Plowman, a motion again. Go ahead.

UnidentifiedUnidentified speaker 14Proposed4:33:35

I think I'll stay at this table. Mr. Chair, I want to just make sure I am clear about the direction on the wireless communication facilities in oil and gas. That is a priority for long-range planning once we would complete the CUP and the childcare Is that what I'm understanding?

ElectedBob NelsonChairProposedvoiceprint 0.874:33:59

It sounds like it's an

UnidentifiedUnidentified speaker 14Proposed4:34:01

unfunded

ElectedBob NelsonChairProposedvoiceprint 0.874:34:02

priority.

UnidentifiedUnidentified speaker 14Proposed4:34:02

It could be for next

ElectedBob NelsonChairProposedvoiceprint 0.874:34:05

year. I think what Supervisor Williams is getting at, if you got done early and had extra time this is what he would like you to work on before it's funded in a new cycle.

CommentRenee O'NeillProposed · by introduction4:34:18

And my logic here is if you don't get something on the list early, it's never going to get done. We're just starting work on something so the solar ordinance that I successfully got on the work program four years ago. So I would like us to actually make determinations of priorities because Otherwise, it's going to be somewhere longer than several years that any of this happens.

ElectedBob NelsonChairProposedvoiceprint 0.874:34:44

Understood. Supervisor Lavagnino? Thank you Mr.

ElectedSteve LavagninoSupervisorProposedvoiceprint 0.824:34:46

Chair but this isn't our third overall priority for long-range planning okay we don't have that big long list of the things that you put on two years ago or last year or three years ago so for us to say this is the third priority out of this list and where it fits into the whole long range planning plan We don't know because we don't have the whole list in front of us.

UnidentifiedUnidentified speaker 14Proposed4:35:11

Mr. Chair, Supervisor Lavagnino, so last June the board gave us a Planner 3 to process ordinance amendments. So we are going to have that Planner 3 continue to process ordinance amendments next fiscal year. So if you want to direct us to say, and you'll have a chance at this again when we go over the long range work program. But these would be the ordinance amendments you would like us to bring back to you as part of our work program when we come in March then I can understand that And implement that.

ElectedBob NelsonChairProposedvoiceprint 0.874:35:51

All right, I think that's the motion and there is a second. Madam Clerk can you please call the roll?

Roll-call vote Failed 2–2 motion and there is a second. Madam Clerk can you please call the roll?
Show transcript
Supervisor Hartman? Aye. Supervisor Lavenino? No. Supervisor Williams? Aye Supervisor Hart? Aye Chair Nelson? No

4:36 – 6:3211 turns

CommentAmonProposed · by introduction4:36:10

Motion passes 3-2

ElectedBob NelsonChairProposedvoiceprint 0.874:36:13

Okay so that concludes item number three. We will now recess to closed session. County Council, will you please read the items for consideration today?

CommentBen OakleyProposed4:36:22

Mr. Chair members of the board before we move on from this item I want to make, I want to raise one issue you might want to discuss more and it's on the cannabis. The change from LUP to CUP. I just want to clarify whether that applies to the retail applications that are going through right now because right now those are LUPs so if you do a universal change to all

ElectedBob NelsonChairProposedvoiceprint 0.874:36:47

the Let me let me clarify with the maker of the motion was this for cultivation Cultivation was what I had Was that the intent? I guess I was the second. That was what I understood as well, as the motion. Okay. I just wanted to make

CommentBen OakleyProposed4:37:00

sure we were all on the

ElectedBob NelsonChairProposedvoiceprint 0.874:37:01

same page. And the third vote was Supervisor Williams. Is that what you understood as well? Supervisor Williams? Okay so to clarify it was understood among the board members that that included just the cultivation and processing not the retail. Is that helpful County Council?

PresenterStephen YeeProposed · by introduction4:37:21

Yes, thank you Chair Nelson and members of the Board. In addition to the three motions we have received we can also get a final motion to approve staff recommendations A and C on the agenda. So moved.

CommentRenee O'NeillProposed · by introduction4:37:34

Second. Let

ElectedBob NelsonChairProposedvoiceprint 0.874:37:37

me double check what those were before I say yes. All in favor of the fourth motion signify by saying aye. Aye. Those opposed? Motion passes unanimously. Thank you, Madam Clerk and Madam County Council. With that we will recess to closed session. Ms. Van Molen will you read the items for today?

CommentBen OakleyProposed4:38:06

Thank you Mr. Chair, members of the Board. We have two items on for closed session. The first is public employee appointment under Government Code 54957 for the Director of the Department of Behavioral Wellness and the second is conference with labor negotiators under Government Code Section 54957.6 and it's all bargaining units, unrepresented employees, managers and executives and the designated representatives are CEO Miyasato and Human Resources Director Maria Elena de Guevara

ElectedBob NelsonChairProposedvoiceprint 0.874:38:36

All right, so my understanding it's an hour and a half. We're gonna try to get through in an hour and 20 and try to be back here at 3 o'clock Welcome back. We are now reconvening the meeting of September 14th, 2021. Will County Council please report out from closed session?

6:32 – 6:397 turns

CommentBen OakleyProposed6:32:47

Thank you Mr. Chair. The board met in closed session on two items, the public employee appointment for the department director for the Department of Behavioral Wellness and conference with labor negotiators for all bargaining units underrepresented employees managers and executives and the board took no reportable action.

ElectedBob NelsonChairProposedvoiceprint 0.876:33:04

All right thank you. Before we get started with item number four I just want for the public's notice, we are running behind schedule today and in an effort to get us back on track I will be keeping public comment until two minutes for the balance of the day. All right so next item up is item number four. Madam Clerk will you please read that item into the record?

CommentAmonProposed · by introduction6:33:26

Chair Nelson and members of the board, departmental item number four is from the county executive office. It is a hearing to consider recommendations regarding a fourth quarter update on cannabis compliance enforcement and taxation fiscal year 2020-2021.

ElectedBob NelsonChairProposedvoiceprint 0.876:33:44

All right, I believe that we have Mr. Propwell or Brittany you're going

UnidentifiedClerk of the BoardProposed · by role6:33:48

to. Thank you good afternoon. Mr. Proppel is on vacation he is here if needed but I'll be taking this item along with my colleague Stephen Yee so yes this is our fourth quarter report for fiscal year 2021 and we'll just hop right in. We're gonna talk about tax revenues for the fourth quarter land use planning permits which you heard a bit about so we can probably Speed through that, business licenses and the update on applicant status.

I'll give you a quick update on retail storefront selection, the emerging issues and objectives for upcoming quarters. Our recommended actions today, the clerk read them into the record. We also would look for you to provide any other direction regarding cannabis, county's cannabis program since we will be talking about the upcoming ordinance amendment All right. I'm going to turn it over to Stephen Yee.

UnidentifiedUnidentified speaker 20Proposed6:34:41

Thank you, Ms. Heaton. Good afternoon Chair Nelson and members of the board. As always, it's my pleasure to be presenting to you today. I'd like to begin by addressing cannabis tax revenue collected as illustrated in this chart. You'll see that in the fourth quarter reporting period, the Treasurer Tax Collector reported a total of 3.8 million collected. This represents a 45% decrease over the taxes collected in the same quarter of prior fiscal year. However, on a positive note we did end the fiscal year having collected a total of 15.7 million which represents a year-over-year increase of about 29%.

Next slide, please. Although we currently lack the visibility into the detail of cannabis entities operations such as units sold, pricing, et cetera, we are exploring joining the California Cannabis Authority, CCA which would potentially provide us that insight and visibility. And Ms. Heaton will be presenting on this subject in the subsequent item on today's agenda. But given the information currently available to us it appears that statewide oversupply of wholesale cannabis product is beginning to develop Much as it did in other states that legalized adult use cannabis prior to California, such as Colorado and Oregon. A supply glut of course drives down prices which in turn affects sales receipts and that is what we are beginning to observe here.

Staff will continue to closely monitor trends and will use this information to inform our assumptions for the five-year forecast that we'll be conducting and presenting to your board this fall. Next slide, please. In this next slide we show the breakdown of three tax reporting statistics. Operators that did not file tax reports with the treasurer or tax collector, those that reported gross receipts and those that reported zero gross receipts.

I want to highlight the fact that the 11 operators that did not report in Q4 is the lowest since program inception and so we are starting to see increased compliance in that regard. I do want to note that of these 11 operators, most hold multiple license types. Most commonly cultivation and nursery licenses. And we're seeing that many of these operators have in fact reported on one license type but not the other. So this isn't an instance where they are just blatantly not reporting.

So in these next three slides, these really speak to land use entitlement applications on a quarterly basis and then also since program inception. The third slide here addresses the cultivation cap. I don't want to belabor the point. I know there was extensive discussion in the prior board items so at Yeah, so at a high level planning and development has increased their the pace in which they're reviewing applications and approving and issuing permits essentially.

The slide that's up currently addresses the CAP And to summarize, the message we're trying to convey here is that the cultivation caps are quickly filling up. There's excess demand in terms of the acreage that's being applied for.

Moving on to the next slide. Here we provide a summary of business license applications submitted through Q4. To date, we've received applications for a total of 123 licenses, of which we've issued 24 and 99 license applications are being processed by the licensing team currently. The majority of pending license applications are due to operators not yet having obtained an issued permit, which is a requirement to obtain a business license.

And a number of these operators with pending license applications have not yet obtained an approved land use entitlement and so we've asked these applicants to focus on their permit applications and obtaining at a minimum an approved permit from Planning & Development. I do want to remind your board that two new department business specialist positions in the CEO's office were approved in the most recent budget cycle.

CEO staff have completed interviews with a number of qualified applicants and hope to complete our selection process within the next week or so. The primary focus of these two new positions will be on processing business license applications, and so the addition of these two individuals will be timely in addressing the high volume of applications that are currently pending.

And with that, I'll turn the presentation back over to Ms. Heaton

6:39 – 6:5015 turns

UnidentifiedClerk of the BoardProposed · by role6:39:15

Thank you, Stephen. So I just wanted to give you a quick update on retail our storefront selection process as of the end of Q4 and really today we've completed phase three so all six community plan areas we've identified the number one ranked applicant And all six of those applicants have been notified. And in the five CPAs, with the exception of Orchid, they've submitted their land use entitlement applications and actually over the course of tomorrow and Thursday we have some sub development review committee meetings Where we'll be meeting with the applicants that are in areas that require discretionary permits such as CUPs or CDPs, right?

And so I'll be in attendance at those meetings and will be talking about you know the content of their applications and making sure Hold up what they propose to do and those applicants applications Orchid has until mid-November to submit but we anticipate that they'll be submitting very shortly They're very everyone's very eager to get going and open I still don't have an estimate on when a retail will open But we'll get an update from planning. And by the time we come back, I think we'll be seeing some progress there Now I wanted to move into, in past quarters we've given you an update on the KPMG recommendations for our cannabis program. Those I've included updates and attachment B to this report for the original report that we received in fall of 2020.

We're still making progress on things like our Acela program. But in this report, we also included a new brief report on the cannabis revenue process that KPMG produced for us. The report included three recommendations and those recommendations are to consider becoming a member of the California Cannabis Authority which Stephen mentioned and will be presented in our next departmental item Build out an audit division in the Office of the Treasurer Tax Collector and build out a compliance task force led by the CEO's office.

With the audit division, the Board approved a position in the Treasurer Tax Collector's Office this fiscal year and it is my understanding that they have hired that person that will be responsible for implementing a contract with HDL to start the process of auditing some of our cannabis operators and understanding how to do that and learning, and then moving forward with a regular audit process.

On the compliance task force this is really This is really something that would be complementary to the CCA membership. So, right now we meet as a business license team and so we're looking at the ordinance and enforcing that. And then we also have a legal issues committee and we have a criminal enforcement committee but compliance generally is driven mostly on a complaint basis and so we're really looking for more data In order to have some visibility into the industry so we can really create a proactive, robust compliance piece.

So these recommendations are all in process and with the next item on your agenda. Yeah, so for one in three that's where those will be addressed. So emerging issues, we touched on this a little bit. We're processing a high volume of business license applications. We're coordinating very closely with planning and development since as approved permits come through you know they're emailing me and saying here's another approved permit and we're contacting the operator and making sure that they know that they need to get into the business license process immediately if they want to secure space in the acreage cap.

And then we have the rest of the licensing team, of course. We're meeting every other week. We're going over every application. We are in very close communication and so it's all about being more efficient and timely with that review. And then another issue, and this came up in the last item is enforcement of the acreage cap limits and the timeline for finalizing the acreage issued. So as someone comes onto the list it's marked they request their acreage that's consistent with their land use entitlement but then it's marked as pending until the business license is actually issued well and the land use entitlement is issued so that those match.

But we don't have a timeline for how long that can take, or we don't have anything set up that says you have to do this within so many days or so many months or so many years for that matter. And so we really want to take a look at that and then also for the legal nonconforming operators that are currently in our county what's going to happen After the cap is reached and how will we enforce kind of the decommissioning of those operations since they will no longer be able to operate according to our, our ordinance and code.

And then just again with compliance regular review of our operators and whether they're in compliance with the county regulations which affects obviously our business license but also their ability to have state licenses since we give that letter of authorization to the state So these are some of the more big picture, pressing emerging issues. So our objectives for the upcoming quarter quarters are really to continue with Acela enhancements to facilitate the processing of the business licenses but also some transparency. So we've heard from the public that they would like to see some reporting out of Acela the same way you can do it with planning and development to see where applicants are in the process how many there are where they're located And we have some draft reports that have come out of Acela and we're tweaking those, and those should be up and running for the public in the next couple months.

Onboarding these two new positions. So as Steven mentioned, we hope to be making offers this week and then it's it'll be go time bringing them in putting their you know getting their head down and processing business licenses and getting people through this so we can get people permitted and licensed and out there operating and then those positions will transition also into a compliance mode as well We have Chapter 50 ordinance amendments coming up. That is on the long-range calendar, I think the first hearing or I'm sorry the first reading will be on November 2nd when it's scheduled. This is to address some of those issues with the eligibility list that we mentioned, changes in ownership, the acreage cap These kinds of items.

And we've been working on those pretty generally, but after today I'm pivoting to that and will be meeting with council will be meeting with planning and development to talk about the harvest noticing and how we can incorporate that so will be bringing that to you. The set hearing will be mid October. And then continuing the tax audit process, that was the item that I talked about with the Audit Division in the Treasurer Tax Collector Office. Now that they have a staff person on board, they should be able to get started with that.

So that really concludes my report. I'm happy to take any questions. Thank you.

ElectedBob NelsonChairProposedvoiceprint 0.876:46:42

Questions from the Board before we go to public comment? Supervisor Hartman

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ElectedJoan HartmannSupervisorProposedvoiceprint 0.826:46:48

I did have a question about the proactive compliance and just want to be clear that what is the relationship between the P&D regulations, land use and then the kind of enforcement that you can do under business license. Can you require that they have to meet all the county permit requirements and enforce through Chapter 50 or do we have two operations going?

UnidentifiedClerk of the BoardProposed · by role6:47:15

It's a little bit of both. We have, we certainly have enforcement compliance on the P&D side but that team is in close communication with me and as needed we'll team up and like for example we just had an operator that had many things going on out in the field that P& D discovered and so I drafted a letter from the CEO's office You know, we've identified these things. You need to get with P&D and fix this stuff. And this is also you're on alert that your business license renewal is in jeopardy. And also then of course the next step is also to tell the state that they're not in compliance if they don't meet. So we do have this due process so we work together and separate. That makes sense.

ElectedJoan HartmannSupervisorProposedvoiceprint 0.826:48:04

And one other question, if I may. That is the legal non-conforming. How many of those are still out there and not really moving expeditiously through their permit process? You

UnidentifiedClerk of the BoardProposed · by role6:48:16

know, I don't have that number today but...

ElectedJoan HartmannSupervisorProposedvoiceprint 0.826:48:19

Just a sense.

UnidentifiedClerk of the BoardProposed · by role6:48:21

Yeah. A few or still a sizable number? I think it's more than a few. Do you have a

UnidentifiedUnidentified speaker 14Proposed6:48:29

sense

UnidentifiedClerk of the BoardProposed · by role6:48:29

Lisa?

UnidentifiedUnidentified speaker 14Proposed6:48:29

Mr. Chair, Supervisor Hartman I think there's a handful of them out there that are sitting out there that will end up not being able likely to get a business license and so we built we will be working with them to help decommission them over a period of time is similar to the way we handled it with the EDRNs So we get them through that process and then they will have to shut their facilities down.

ElectedJoan HartmannSupervisorProposedvoiceprint 0.826:48:54

Right, although with EDRNs we really had to give them the benefit of the doubt and time to realize the full benefit of their expectations but here it seems to me that they know.

UnidentifiedClerk of the BoardProposed · by role6:49:09

Yeah I can work with council. We're working on at least one letter to send out to pretty much everybody in the process Just a reminder, there are no guarantees. The cap is getting close we're actually giving them some status updates on like where it is what's in process and you know as of the date of the letter and so we can probably we probably need to work on a companion letter specific to the legal non-conforming operators that outlines sort But hey, once the cap is full you're no longer legal. You don't have that status anymore really according to the LUDC and what that means so we'll get you and I can get you a number too. We can work on how many are out there still.

ElectedBob NelsonChairProposedvoiceprint 0.876:50:01

Thank you Supervisor Hartman and Ms. Heaton. Supervisor Hart and Supervisor Lavagnino.

CommentRenee O'NeillProposed · by introduction6:50:05

Can you help me understand Data that comes through the California Cannabis Authority integrates with the HDL effort through the Treasurer's or the Auditor's Division and the Treasurer Tax Collector. Those different data sets, are they unique and important to have separately?

6:50 – 6:5816 turns

UnidentifiedClerk of the BoardProposed · by role6:50:29

So the way we anticipate those working together is that the CCA data platform will provide for us real-time reports of the data that the operators put into the state track and trace system. We'll get these reports and there will be information about all kinds of things related to sales, related to yields on crops. The types of information that we would need to understand and see what they say is going on out there. Trust but verify so we're verifying what's going on out there.

The HDL effort is really to do individual audits on operators. And I mean, the best way to do that is probably to start with those that may have on these reports have some little anomalies or flags right? So we'll direct those efforts because we really can't afford the time and resources to do audits on every single operator every year, every two years or whatever you know will be on some kind of schedule but that information will direct the audits so that were being the most efficient and effective with those

CommentRenee O'NeillProposed · by introduction6:51:41

And HDL doesn't have that independently on their own. It's a tool that they use, the information from the California Cannabis Authority.

UnidentifiedClerk of the BoardProposed · by role6:51:49

No, no they don't. I mean not that I know of. They don't have access to that data. They would just go directly into the operators and do like a regular tax type of audit. So

CommentRenee O'NeillProposed · by introduction6:51:57

they would do a random poll of any businesses and that's how they would strategically do it. And this would provide them something that was outside the norm. You you would do some algorithm review of the data and then identify anomalies and then hand those off as As better our audit targets for HDL to do

UnidentifiedClerk of the BoardProposed · by role6:52:16

that's correct and I imagine that the treasurer tax collectors office would have some insight like hey These are the ones that maybe we should look at. I mean just based on the report the information they receive, you know when they put the quarterly But that's the way you characterize it is correct, right? It would be these. You know we're going to go out and start auditing XYZ operators now so with our data with the CCA data if we choose to go that route which were recommending that we do, we'd be able to direct those audits.

CommentRenee O'NeillProposed · by introduction6:52:46

And maybe mine is but since you brought it up, I'm curious how does

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ElectedSteve LavagninoSupervisorProposedvoiceprint 0.826:53:16

So we've hired this new persons at a treasure tax collector's office and I'm curious what your working relationship inside between the two departments. How would you characterize that?

UnidentifiedClerk of the BoardProposed · by role6:53:32

Chair Nelson and Supervisor Labanino. So well, I just met the new person over the phone and she actually is internal so it was a promotion. So that's exciting. So now we've connected. And so but as far as relationship, I mean that's to be determined. We'll have to meet and talk about where we go with this. But the HDL contract is really the treasurer tax collector's contract.

bearing on that contract right now. But as far as the working relationship currently, you know they, the treasury tax collector receives the report, the sales reports and they, you know, the operators are reporting their gross tax receipts collecting the tax and information we receive from them is simply a report that just says whether an operator reported or they didn't report and on which individual license And that has to do with, you know, confidentiality of that information. And so that's all that I have access to.

But when I have questions, I mean, I reach out to the office. We have a good working relationship in that way but there's not a lot of transparency because of this privacy of each individual operator.

ElectedSteve LavagninoSupervisorProposedvoiceprint 0.826:54:52

Okay, all right. Well I guess we'll get into the CCA thing in a minute about how that all works but I think that's really It it's kind of a strange I mean the CEO's office is responsible for forecasting and budgeting and those types of things Treasurer tax collector is tax collection and tax Delinquencies so it's there is a strange You guys are the ones that report on when it comes to cannabis. It seems like it's almost all in the CEO's office and so we got to figure out I don't think we've ever had a presentation on how the function actually works of How the money comes in who is responsible for it? How do we know if somebody's not paying? Oh, how do we know you know, so I don' think we've really got a good walkthrough on that but So that might be something for a future time, but I think the rest of my questions are more about CCA and how that all works.

That's next item. Okay.

ElectedBob NelsonChairProposedvoiceprint 0.876:55:57

Seeing any further lights let's go ahead and move on to public comment. Madam Clerk?

CommentAmonProposed · by introduction6:56:02

Chair Nelson and members of the board, we have nine requests to speak on this item. And I would like to just remind members of the public who did register on Zoom to please sign in in order to give your comments and your name will be called when it is your turn to speak. We will now begin with Craig Schell to be followed by Mark Sciatillo on Zoom.

ElectedBob NelsonChairProposedvoiceprint 0.876:56:22

Before we go to Craig Schell, just a reminder for all our speakers, we'll be for two minutes and I will be closing public comment on this item at this time. Mr. Schell, when you're ready?

UnidentifiedUnidentified speaker 21Proposed6:56:33

Hello, can you hear me?

ElectedBob NelsonChairProposedvoiceprint 0.876:56:34

Can.

UnidentifiedUnidentified speaker 21Proposed6:56:36

Hi, I would just like to comment on the types of projects you guys have been permitting versus your return for taxation. For example, if you permit a state-of-the-art cannabis greenhouse... I sent a letter in and it has all the numbers in On it, you're looking at about the same tax revenue of permitting 100 acres of outdoor. It sounds crazy but if you look at the numbers, it works out.

So I mean with a cap, it seems like you would wanna focus on those type of projects or reserve some of your cap for those types of projects or exempt them from the cap to maximize your return on investment. Basically right now, outdoor cannabis is selling for if it's auto flower $40 a pound. And when you approve 100 acre or 200 acre grow, you're looking at a 40 dollar a pound product versus a state of the art greenhouse that's producing a product that's still selling for 12 to 1500 dollars a pound that can be harvested six times a year.

And it also has quite a few other ancillary benefits like negligible water use, control of odor and a very small footprint by comparison. So that's basically my comment. Thank you. Thank you Mr. Schell.

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CommentAmonProposed · by introduction6:58:15

We will now go to Mark Sciatillo to be followed by Alex Cardos.

6:58 – 7:049 turns

UnidentifiedUnidentified speaker 17Proposed6:58:24

Good afternoon members of the board. This is Mark Chatillo speaking today on behalf of the Santa Barbara Coalition for Responsible Cannabis. We have a few points with respect to this hearing. Um, we do support the careful management of the cap and we would suggest that the county consider a path to suspend processing of the land use permits in exchange on a voluntary basis in exchange for reserving a place in the priority line in for licensing in the event that other licenses are canceled and there is additional space.

The planning process really doesn't need to be processed for all these other grows that are going to come behind the cap. Secondly, I would encourage the licensing process to focus on operator turpitude. This is one of the emerging issues we've seen that there's been increased incidences of harassment and intimidation of community members by operators, and that kind of conduct should cause an operator to lose their license.

Thirdly, we would encourage that the county moves swiftly to decommission the non-conforming uses including shutting down illegal grows and identifying those excessive grows where there is a legal grow but they've gone beyond their capacity and maybe taking a portion of their product going to the black market. We support the harvest notification provisions for the purposes of alerting people of upcoming odor episodes, so they might time their vacations or their air management in their homes and be prepared for additional employee traffic and truck traffic. And finally to note that there will be an increased security presence during those harvest periods Armed guards wandering around in our rural areas are really incompatible with some of the existing communities and that harvest notification offers considerable benefits.

I'll close that we do support enhanced transparency within the business licensing process and appreciate the offer that staff recommended noted that they would do a set hearing for the in October for the November hearing on the chapter 50 ordinance amendment procedures. Thank you very much Mr. Chair.

CommentAmonProposed · by introduction7:00:56

We will now go to Alex Cardos to be followed by Lisa Bogrova

ElectedBob NelsonChairProposedvoiceprint 0.877:01:03

Mister Curtis when you're ready.

UnidentifiedUnidentified speaker 22Proposed7:01:05

Yeah, hi how you doing this is Alex Carter's I'm calling in right now. I'm calling in right now in support of maybe looking at flexible things for the cap and just looking at all the people that are in the queue right now I've been in the cannabis industry for 15 years right now worked on lots of projects from dispensaries to consumption lounges to Legal grows and the process is very complicated for operators. There's a lot of back and forth, there's a lot of reports that need to be done. And I feel like the county would be missing out on a lot of great job opportunities for the citizens. A lot of great tax revenue if some of these projects get caught up in the queue for whatever reason.

One person has 10% of the cap, you know 160 some acres. I don't know how affordable that is. I just want everyone to you know really consider all the great people that might be missing out and missing out on a lot of the resources that they're putting into these projects. I know the county has done a really good job on trying to make this work and as well as the supervisors it's kind of a thankless job but we have to look at the future which is This commodity will be exported all over the world and we might not have enough acreage right now. So just some things to think about, thank you so much for your time and have a great day.

ElectedBob NelsonChairProposedvoiceprint 0.877:02:31

Thank you Mr. Cardos.

CommentAmonProposed · by introduction7:02:33

We will now go to Lisa Bogrova to be followed by Autumn Shelton.

ElectedBob NelsonChairProposedvoiceprint 0.877:02:41

Miss Bogrova when you're ready?

CommentLisa DegrovaProposedself-stated7:02:45

My name is Lisa Degrova. I'm a land use planner, assisting clients through the county and state permitting processes. I want to thank your board and staff for your continued consideration and support of the industry through what has been a long and tumultuous beginning. I offer a couple points for your consideration in regards to the termination of acreage caps, land use permitting, and availability of licensed acreage as it relates to potential tax revenue for the County.

The acreage cap could be linked to licensed canopy, not cultivation area as this does not accurately reflect what a grower would license through the state and therefore be taxed on. By correlating the acreage cap to the entire project area rather than the licensed canopy, the county is losing out on potential additional licensed acreage revenue and it has the unintended consequence of tying up hundreds of acres potentially that would otherwise be available for additional small farmer applications.

For instance, each acre of berry hoops which is a typical outdoor cultivation technique for cannabis uses approximately 1.9 acres of space to account for internal walkways and spacing between the hoops. The acreage cap should be clarified to correlate to licensed canopy rather than incorporating row spacing non-cultivation use areas loading and admin uses. Further, by considering processing as part of the acreage cap this inappropriately restricts the ability for applicants to come forward with processing facilities that could serve a large number of cultivations. The lack of processing facilities in the state will cause a hardship for many Santa Barbara growers who do not have the ability to dry their product on their farms and will send that potential tax revenue stream out of the county.

Also, you could consider a seasonal review of an entitled license acreage where licensed growers are required to provide their total acreage planting plan for the season. And if under there allotted licensed acreage allocate that additional available acreage to other permitted growers Finally regarding the cap, considering the future alternative parcel specific restrictions as previously discussed such as limiting all farms to a half or quarter of a parcel's overall size along with individual caps regardless of parcel size of 40-50 acres if on parcels over 200 acres in size. Thank

ElectedBob NelsonChairProposedvoiceprint 0.877:04:55

you.

7:04 – 7:1111 turns

CommentAmonProposed · by introduction7:04:59

We will now go to Autumn Shelton to be followed by Troy White

PresenterAutumn SheltonCarp GrowersProposedself-stated7:05:09

Thank you. Honorable Supervisors, my name is Autumn Shelton, President of Carp Growers. Today I am commenting on your quarterly update. On behalf of the association we just wanted to take a moment and share our experiences as an industry in the current market. Carp Growers has always contributed the majority of the local industries tax revenue to the county. As your staff reported, we are seeing prices falling due to a variety of factors.

Last year was an exceptional year for the industry and county taxes during COVID. The wholesale price skyrocketed, and consumers increased purchases from dispensaries probably due to stimulus checks and many working from home. However this year has been very different causing a difficult time for those of us who are licensed operators. Price compression is a very serious concern and challenge for our membership in CARP Growers.

Additionally, the illicit market continues to thrive. It is becoming increasingly difficult to compete with the illicit market. The taxes are just too high and the regulatory and permitting burden and cost is increasing. State cultivation taxes were once 15%-20% of revenue which was already challenging. Today, the state cultivation tax is 30%-90% of revenue. There are many operators that had to shut down their operations or lay off employees throughout the state this summer.

We continue to be burdened by not only local taxes, but also state taxes and limitations on federal deductibility under 280E. We continue to strongly encourage the county to continue to streamline their permitting and licensing process to make it more sustainable for legal operators who are trying to play by the rules. We also recommend faster review of building permit applications which is a serious emerging issue for our members. In conclusion, we ask for the board support for those of us who have been consistently and accurately paying local taxes and participating in the county's very robust permitting and licensing program. Our members continue to struggle to complete the county's full permitting licensing process in a timely manner. Thank you for consideration on behalf of our Association.

ElectedBob NelsonChairProposedvoiceprint 0.877:07:00

Thank you Miss Shelton.

CommentAmonProposed · by introduction7:07:02

We will now go to Troy White to be followed by Nancy Emerson.

UnidentifiedUnidentified speaker 2Proposed7:07:08

Mr White when you're ready.

CommentTroy WhiteProposedself-stated7:07:17

Hello, good afternoon. Can you hear me? We can. Okay wonderful. Previously weighed in on this topic in the previous item but my client asked that I speak to the board so thank you for your time. My name is Troy White with TW Land Planning and Development one of my clients Sundeep Shah with Allen Tejo LLC could not be at today's hearing he has asked that I read into My family and I own Rancho Encantado just south of Buellton off Highway 101. With the inland area cap quickly coming to a close, we are asking for some flexibility with the cap such that those who are already in the process be afforded the opportunity to become licensed.

I'd like to share with you our story. We have been processing a CEP application with the county since mid-2019. Our property is a vast and beautiful 552 acre ranch And yet, just a small sliver of approximately 30 acres is actually farmable. Our location is isolated and distanced from residential areas. It is the perfect location away from neighbors to grow cannabis. Unfortunately due to the company's property's large size it abuts in EDRN and we were required to apply for a CUP.

Our planner Troy wrote to you yesterday expressing the challenges of processing CUP applications It seems that every time we resubmit our project, a whole host of new issues arise that requires additional study and plan revisions. We're happy to work with the county to make sure that every T is crossed and I is dotted. What we cannot accept is after putting our heart and soul into this farm, that we end up at Planning Commission but without the ability to secure a business license. My family and I are entrepreneurs and we have had great success in business We would like to apply what we have learned over the years to contribute to the success of cannabis in Santa Barbara County. We feel that the CEP process allows for the careful and nuanced project deliberations.

We feel that the CPE process addresses the original intent behind the cap, that is to exert control with location and size of cannabis cultivation areas while also being sensitive to neighboring uses. We ask therefore that the board direct CEO and PND staff to study how applicants who are already in the permit process can be afforded the ability to be licensed once the existing cap has been reached. Thank you so much for your time.

CommentAmonProposed · by introduction7:09:44

We will now go to Nancy Emerson, to be followed by Renee O'Neill who is our final speaker.

ElectedBob NelsonChairProposedvoiceprint 0.877:09:52

Good

CommentBoard Hearing Room ChambersProposed · by introduction7:09:58

afternoon I'd like to thank you for your actions on caps and child care this morning We support the formation of the Compliance Task Force on the business side. We think compliance is important work and we appreciate the fact that it's making it possible to move from the usual complaint driven process. We are concerned that you lost 20% of the size of the enforcement team when there were some changes in structure.

And we think that that needs to be replaced. Although the comment just before me by the grower about illicit operators and the problems they cause for the many people who are trying to work legitimately. So thank you, and we look forward to your continuing efforts and appreciate the efforts of staff. Thank you. Thank you, Miss Emerson.

CommentAmonProposed · by introduction7:11:14

We will now go to Renee

ElectedBob NelsonChairProposedvoiceprint 0.697:11:16

O'Neill who is our final speaker.

7:11 – 7:1818 turns

UnidentifiedUnidentified speaker 2Proposed7:11:23

Good afternoon can you

UnidentifiedUnidentified speaker 6Proposed7:11:25

hear me?

ElectedBob NelsonChairProposedvoiceprint 0.877:11:25

Yep miss O'Neill we hear ya.

UnidentifiedUnidentified speaker 6Proposed7:11:28

First I want to thank ditto what Nancy Emerson just said and thank the board and the staff for all the work they're doing it has been quite a process I am a little confused about what was said earlier during the presentation about who is doing the business licensing. Segwaying off of what Nancy said, I thought a lot of our sheriff's team or some of our sheriff's team were being assigned to handling the business license so I'd appreciate clarification on who is doing that.

I was also just very disappointed to hear that 43% of the growers are blatantly ignoring paying taxes. This, I feel should be automatic you're knocked out of the game and let the growers that are trying to be legitimate and compliant take their places. Regarding the harvest notification if there are multiple growers in a concentrated area, how can that alleviate the issues with odors for these residential neighborhoods unless there's like a time frame to complete harvest one. If you don't do it by this date I don't know, I guess that's not possible. But I can just visualize okay grower here is harvesting and it's stinky now next day or three next weeks.

You know what I'm saying back to back odor? So I think that's important to consider. Lastly, I'm not sure why some growers have been in the cup process since 2019 and haven't gotten through the process yet. But speaking from experience, the growers that were eliminated from our community were simply dragging their feet and not submitting required documents and or sorry can't think of the words fixing problems on a timely basis. So if that's, if it's not doing things on a timely basis maybe that's the reason maybe it's not.

ElectedBob NelsonChairProposedvoiceprint 0.877:13:51

Thank you Ms. O'Neill. That's your time. All right so back to the board. Supervisor Lavignino?

ElectedSteve LavagninoSupervisorProposedvoiceprint 0.827:14:06

Well, I think it's something that we've talked about every time we have this update. And can you kind of address the 43% that aren't paying anything? What do you feel that is and is it 43% are just deciding they're not going to pay taxes or?

UnidentifiedClerk of the BoardProposed · by role7:14:26

Thank you, Supervisor Lavagnino, Chair Nelson. The reporting gross receipts, so we're saying there's 43 operators. It's not 43%, right?

ElectedSteve LavagninoSupervisorProposedvoiceprint 0.827:14:36

Thank you

UnidentifiedClerk of the BoardProposed · by role7:14:37

and it's not unique operators its licenses, right?

ElectedSteve LavagninoSupervisorProposedvoiceprint 0.827:14:40

So

UnidentifiedClerk of the BoardProposed · by role7:14:41

I go ahead.

ElectedSteve LavagninoSupervisorProposedvoiceprint 0.827:14:43

I was just going to say that I think this is a very confusing second fusing is just easily manipulated slide every time that we bring it up and so to give a better accurate description. I think there's maybe, maybe it's not licenses. It's actual individual growers so that we can see. I mean, I just don't understand how people think that if they thought there was 43 people that we knew out there that were harvesting and Collecting we weren't clean collecting a tax from we would just blow it off. Well, I guess we'll get them next time That's not the way this works so I think I think it would it would be clearer and more transparent to the public if we broke it down as Not licensed types that could be anything but that its actual growers how many growers that are actually Cultivating Are paying their taxes that would be helpful.

Now this might be the additional slide, but I think that other one would be very helpful because this does look like if you really just kind of grab it out of the abstract. It could look like we're just like well, I just hope somebody pays their taxes so.

UnidentifiedClerk of the BoardProposed · by role7:15:55

Thank you, Supervisor Lavinio. We can make that adjustment certainly for next quarter. We've been struggling with this slide a little bit and how to communicate this best and I think your suggestions are well received so we can work on that. As far as reporting zero gross receipts there's potentially several reasons in this case Without knowing who they all are individually, there were a few operators that came online in the fourth quarter so they're not going to have any receipts. And then just the seasonality of the industry and when they're harvesting and what happens in that three-month period over that quarter

CommentRenee O'NeillProposed · by introduction7:16:37

So that's for instance, most of the folks in North County do two crops a year. So that means two out of every four quarters they're going to report that they have zero gross receipts. That's a significant number of our folks and then there is the whole nursery thing.

UnidentifiedClerk of the BoardProposed · by role7:16:57

The nursery versus cultivation and reporting zero in one and some in the other, and vice versa. That happens over the quarters we see that as well but we really the data is so limited and so that kind of gets into our next item that will get into where it will have more visibility and I'll have more information and I can follow up with these operators. I mean just to say like you're reporting zero gross receipts what's going on? You know I'll actually be able the data that they're putting into metric, the track and trace data and the amount of plants that are planted. And when they harvested and all those data points right? So this is what we have to work with right now. And so I can only give you what I think is going on. And again there were some new operators but next quarter we hope...

We'll change the slide but also I will bring you some additional information

ElectedBob NelsonChairProposedvoiceprint 0.877:17:53

Thank you, Ms. Heaton. Any other questions from supervisors? All right, seeing none I can get a motion to for items A through C. So moved.

ElectedJoan HartmannSupervisorProposedvoiceprint 0.827:18:10

Second.

ElectedBob NelsonChairProposedvoiceprint 0.877:18:12

All in favor signify by saying aye. Aye. Motion passes unanimously and on to item number five. Madam Clerk will you read item number five into the record?

7:18 – 7:3212 turns

CommentAmonProposed · by introduction7:18:23

Chair Nelson and members of the board, departmental item number five is from the county executive office. It is a hearing to consider recommendations regarding California Cannabis Authority membership.

ElectedBob NelsonChairProposedvoiceprint 0.877:18:38

Ms. Heaton, nice to

UnidentifiedClerk of the BoardProposed · by role7:18:39

see you again. Thank you, thank you Chair Nelson. So we highlighted this item a little bit or kind of sunlighted it in our last item. This is a recommendation that we, staff's recommendation is that we consider membership in the California Cannabis Authority so we'd like to give you a little bit of background and summary on the CCA. Some of the benefits, membership value as communicated to me through the members that are currently in the CCA and using the data platform. The cost and then Board of Directors representation.

And so the actions of course are to adopt a resolution authorizing our county to approve entering into the joint exercise of powers agreement that established the CCA. Authorize the chair to execute that agreement on behalf And then appoint designees to the board. So a little bit of background on the California Cannabis Authority, it really is well it is a joint powers authority made up of county governments and it came about as a way to work together to regulate commercial cannabis so with the legalization of adult use cannabis counties that meet collectively through, I think the initial place where this all came about was through CSAC. They facilitated a task force and they came up with this idea to join a joint powers authority or create a joint powers authority in order to access data, to regulate commercial cannabis and really effectively and efficiently.

Right? Because if each individual county is doing their own thing you know where that gets it's inefficient and expensive. And so the counties knew that the state was collecting track-and-trace information. So the state has a system The California Cannabis Track and Trace System, also known as METRIC. We've referred to that a few times. And that records and tracks and maintains information about cannabis and cannabis product inventories and activities. And every operator in the state that has a state license provisional or annual reports into METRIC as a requirement.

And so, so we can leverage the state's track and trace system. Take that information process analyze aggregate it and then get some information that would be helpful to local jurisdictions So that we can regulate around taxes, around compliance and just really make decisions efficiently based on facts. And really increase tax realization, enhance public safety and economic prosperity.

So why California Cannabis Authority? The membership provides access to this data that I referred to, and not only the raw data but actual data that's been analyzed and put into consumable reports that we can actually use and look at and understand, and it's real time so. So we can use it on a weekly basis and review it. And recognize flags in the data and really go out and start.

Start looking into our industry and what's going on and asking questions and understanding you know the why behind why people aren't reporting gross receipts right? So, it also was reaffirmed by the KPMG review of the cannabis revenue recommendations as I said in my last presentation. And there's currently no other access to state data. The state has a pilot program that they kind of sunlighted in early last year And there's been a few counties that have signed a memorandum of understanding to get access to that data. We have not been successful in doing that, and right now it's on pause because of the consolidation of the state agencies actually reached out to the state. They're not allowing anyone to join the pilot program at this time.

is really to, for the local agencies to understand what data that the state is collecting. Take a look at it and give them feedback about oh well maybe we could get more data in this area and how this could help us but it's raw data there's no analytics behind it so we'd get a data dump and in a PDF format that isn't very malleable And really wouldn't be able to do much with it. So without some significant staffing resources that would be needed, you know, to analyze this data and so we really see the CCA as an opportunity to get data that is usable Some of the benefits are listed here.

It's really about transparency, visibility and the analytics so I've talked about this a little bit but we will get access to data that will just provide this transparency into the licensee and operator data And also processes to exchange leading practices with our peer counties. So we're getting our data, Monterey's getting their data, San Luis Obispo is getting their data and we can actually start to talk to each other about what's going on and how our data compares and start making some decisions based on best management practices.

The visibility is better visibility into the validation of tax reporting to the county, to really help ensure operators are maintaining tax compliance. Right now our operators report self-reported to the treasurer tax collector on a quarterly basis and they pay their taxes. And that's the extent of you know I know the treasurer tax collector staff does you know they review the report and there may be some things that go back and forth but we need to validate and verify that information So and then value, membership value. This slide summarizes the value that the counties that use the data platform communicated to me in conversations.

They talked a lot about the community of the other county users to share expertise and experiences and just how valuable that can be. They have an opportunity to meet regularly with NCS. So NCS Analytics is the company that performs the data analytics and is contracted through the JPA, and would provide our data analytics should we join the JPA. And so that staff is available to walk through the metric data, identify the anomalies, ask questions, and better understand the data that licensees report.

In San Luis Obispo County, for example, a person I spoke to said you know we really you know this is a new industry so we had new staff. They didn't know this industry they didn't know what to expect and NCS is based in Colorado so they have several years of cannabis cultivation experience with data. So it started there now they're in the California And they are with their, the person in slow simply put he said they're nerds. They're cannabis nerds and they'll tell you anything and they can answer all your questions. And so there would be an opportunity to meet with them use those reports then that we get to inform our compliance efforts as I mentioned before with current staffing resources. So we really believe that with these two new business license specialists in the CEO's office along the staff and the other departments that will have adequate staffing to transition from processing business license into a fully robust, proactive compliance effort with this data.

And then that leads into evaluate forming this Cannabis Compliance Task Force. So the other counties we talked to all have a compliance task force. The NCS representative meets with them regularly in their task force to answer questions It's we would be joined by the other departments that are involved in cannabis compliance. So for us, that's planning and development, the treasurer tax collector and a commissioner's office as well as sheriff.

Of course there is a cost to this membership. It's funded, you know every member agency pays a fee that was developed by the JPA Governing Board and it was calculated for each entity and it's dependent on the total sales within the jurisdiction. And so our initial quote was much higher than what we're being quoted today and that is $500,000 annually. Staff worked with CCA staff and their board to negotiate this capped fixed cost. So, this is what we pay for a year's worth of access to the data platform and it's lower than the cost originally quoted. It's about 3% of our projected revenue for the current fiscal year but we really believe that using the data available through CCA Has the potential to recoup the cost in taxes.

In some of the counties that I spoke to, they said just by simply joining this CCA and gaining the access to the information from the operators, they saw sales tax, they saw tax reporting increase and revenues increase just you know that the industry knows now that you have access to this data Not to imply that our industry is underreporting, but just that's something that was seen in other counties.

And then finally, we would have representation on the Board of Directors. So each of the county members is entitled to participate and be represented and we would recommend that the board appoints the County Executive Officer or their designee to serve on the board and then there'd be two representatives as alternates and that would be an Assistant CEO in the Budget Director So that concludes my presentation, but I did want to introduce Greg Turner who's the Executive Director of the California Cannabis Authority is actually here today.

He came down from Sacramento there so he's available to answer technical questions about the membership and he's been around since inception right? So he has all kinds of good information. So he's here and with that I'll just take any questions

ElectedBob NelsonChairProposedvoiceprint 0.877:29:33

Before I go to staff, I'll give Mr. Turner just a brief moment to introduce yourself and if you wanted to add something to it this would be the time.

CommentExecutive DirectorProposedself-stated7:29:40

I'm Executive Director and Counsel to the California Cannabis Authority as Brittany mentioned it is a JPA. I started out as counsel to it. It is derivation from CSAC And so our job really is to try to help counties be more effective and more efficient in their oversight of licensing. So when we do that by predominantly through the platform, but we're also exploring other things as well.

Think about your cannabis program. We sort of have put it into four buckets. You've got compliance, you've got discovery right from Illegal Grows, you've also got licensing program and you've got public transparency. One of the things we just released in Monterey is what we call our Transparency Project Which is a great display of aggregated, anonymized data regarding commercial cannabis in the jurisdiction. I don't want to take too much of your time but I'm happy to answer any questions.

ElectedBob NelsonChairProposedvoiceprint 0.877:30:41

Thank you Mr. Turner.

CommentExecutive DirectorProposedself-stated7:30:44

That's fine

ElectedBob NelsonChairProposedvoiceprint 0.877:30:44

thank

CommentExecutive DirectorProposedself-stated7:30:45

you.

ElectedSteve LavagninoSupervisorProposedvoiceprint 0.827:30:46

Supervisor Labanino? Thank You Mr. Chair so kind of confused about still back to the issue of who does what. So is this a tool to maximize because you keep talking about compliance, but is it is this a tool to help us collect additional tax or is it for compliance? Or tax compliance

UnidentifiedClerk of the BoardProposed · by role7:31:12

all three actually Supervisor Levin. You know I believe it would help us with all three

ElectedSteve LavagninoSupervisorProposedvoiceprint 0.827:31:16

so my question then is we have somebody called the treasurer tax collector And I don't understand why, I mean we just hired somebody in his office. We have a contract with HDL that's analyzing, well it's looking at, well I guess the good question is what does that? What is that contract? How does it differ from this contract? And I think we all want to see maximum tax revenue returned but I don't know if at $500,000 it's something that is going to get me what I want. So we do something like the TOT. We have hotels and we have individuals that rent their houses out and they pay a tax.

It goes to the treasurer-tax collector He then puts hotels or these Airbnbs on a rotating audit schedule, and they're audited every three years. I'm just curious what's added value this brings as opposed to all this data that we're going to get that I'm not really sure. I mean, I'm mostly interested in collecting the tax so I'm not sure what all that other data is going to give me.

What am I getting for my half million?

7:32 – 7:417 turns

UnidentifiedClerk of the BoardProposed · by role7:32:44

Thank you, Supervisor Lavendino, Chair Nelson. So right now we have very limited visibility into what is going on out there, right?

ElectedSteve LavagninoSupervisorProposedvoiceprint 0.827:32:59

Like what do we want to know?

UnidentifiedClerk of the BoardProposed · by role7:33:00

We want to know if you plant 10 plants Of this type. What did it yield and how much did that gain you in sales tax? And all of the data that's collected through track-and-trace, it's from inception to sale right? We would have a better understanding and we would be able to see if there's leakage right into like. You had 10 plants, but you only reported this much went out the door. What happened to the way it did? It go to waste is it where is that other product?

And then also just whether what they're what what industry is saying is being yielded from those crops looks correct compared to the rest of the industry, right? Because it's it's we're getting The whole state, right? And what's going on

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ElectedSteve LavagninoSupervisorProposedvoiceprint 0.827:33:56

that brings up another problem. But go ahead.

UnidentifiedUnidentified speaker 1Proposed7:33:58

Supervisor Labanino, Mr. Frappell is online and I think he's had his hand up so he can probably—he wants to answer some of those questions but one of the things that KPMG assessed and confirmed which we always knew is that we in our office and the treasurer tax collector lack visibility into the data and so what Ms. Heaton is talking about is not only does—so he cannot confirm the reports that he gets back?

So this is going to be helpful for them because he will have a way to confirm the reports that he gets back, to validate the information that's being provided. What Ms. Heaton talked about is what the platform is it will not only say these are the plants that were planted but through some algorithms it'll be able to assess and so based on this this is what you should be seeing in crop yield and production all that stuff and they're looking at all the other things that are happening in real time in the state. And so that's why they can then make some predictive assessments and so that's why we'll be able to see, oh, they planted this much, they should have this much yield. Why is that not happening? Is there leakage? So it indicates that. So right now the Treasurer Tax Collector what they can do is I believe they send the forms to folks to fill out, they get the information back but just like us, they don't have a lot of visibility into the information And Mr.

Frapp, well is there anything more that you wanted to add to that?

UnidentifiedUnidentified speaker 23Proposed7:35:26

Thank you Supervisor Lavender and Chair. Let me just add a little bit additional. It is about transparency it is about tax revenues it was also The data that we get and is it, is it proportional to what we should be expecting. So one of the values of the database because it's not just California databases also other folks in the nation were able to look at yield per acre or yield per square foot depending on how they're measured and look to see whether our how our industry is reporting and performing against larger norms that should help us on yield.

Understanding what that yield should be, which then translates into data and into revenue. I think the treasurer's office, what we've heard from Monterey County for instance is that their treasurer's office is able to take the data they receive out of metrics, compare and contrast that and reconcile that with what the industry reports as revenue. To make sure there's consistency between the state information and the information being self-reported to the county. So I think that's an important benefit of being a member and having access to the data.

I think that, you know from a transparency and from a revenue projection standpoint. One of the challenges that we've had is the day that we get on a quarterly basis is between one and four months old by time we get it. And we have no idea what's in the pipeline coming down. The value of the metric data tells us kind of where plants are throughout their whole period from the time they're planted, going from the nursery to cultivation to drying to out the door and sale and soul.

Having that visibility into that whole process then gives us a better idea and more information in order to project tax revenues. So, that is an important piece of information we don't currently have. So I would say, I would add that to Ms. Eaton and Mona's kind of commentary on the value of the membership and the information and the analytics that come. Ritty mentioned the task force One of the things that other counties that are members have been able to do is to have NCS, which is the data wants for you.

meet with them on a regular basis, whether that's weekly or bi-weekly basis. And what they're able to do is look at yields from different and information from different growers and say this is really out of the norm. What's being reported is really out of the norm. What it does is it raises red flags as probably too negative but it raises opportunities so we should look into this. And what that does is allows efficiency to target in looking into issues that are So I think there's a lot of value, I think the transparency.

I was negotiating with Mr. Turner, that was one of the things I said you know this is a big chunk of money and the county has worked very hard to move this industry and legalize this industry and we're a little loathed to give up any revenue that we can't define the value. Before I think there's value here. Um, I strongly recommend the consideration and the county joining CCA. Thanks.

So

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ElectedSteve LavagninoSupervisorProposedvoiceprint 0.827:39:09

what are the other members paying? I mean, when I look at this list, this isn't exactly I mean like where there's 5 other counties and I looked at the minutes of the meetings. Honestly, no offense. It's a ledge update and it looks like there's not a whole lot going on at the meeting so I'm guessing we're paying for the platform. So one of the other things I have a problem with is we're sharing information with our competitors. I mean, I know we like to talk about we're all counties and we're all working together but the reality is in the world of cannabis Monterey is our competitor I'm not sure I want to share everything that's going on in Santa Barbara right now.

I'm struggling, I'm really struggling obviously to find the value of a half million dollars. Think about that's a half a million dollars a year to tell us what we're the leaders in the cannabis industry? We're coming in as the top dog. We're coming in is the big fish. I feel like the benefit is for everybody else and I don't really see it for us. I'm not sold on the whole idea but obviously I don't understand why we can't just do what slide 7 tells us. Staff evaluate a cannabis compliance task force led by the CEO, joined by the Sheriff, Planning and Development, the Treasurer Tax Collector and the Ag Commissioner's Office. Let's let's do that! We haven't mastered internally what we're supposed to be doing yet with tax collection on cannabis.

We have the ability and we have the people here in the technology and we have the ability to do this And we're just farming it out and saying, you know what? It'd be easier if somebody else did it. Well, it's a half million bucks. And when things are all rosy like they are right now that doesn't sound like the whole hell of a lot but there's gonna be a day when it is

7:41 – 7:4915 turns

ElectedBob NelsonChairProposedvoiceprint 0.877:41:13

Thank you. Supervisor Hart and Supervisor Williams?

CommentRenee O'NeillProposed · by introduction7:41:17

I think those are excellent points, and I don't know that the deal we cut today at the beginning is the same deal a year from now or whether the utility will prove its value and we will recoup more money through better informed tax audits that result. I'm kind of curious, and I guess Mr. Turner is here now so I can ask him directly. Is any of the information from Oregon and Colorado who are ahead of us integrated into this platform? Are we benefiting from the states that have gone ahead of us in terms of looking at tax collection and the analytics in

CommentExecutive DirectorProposedself-stated7:41:55

the platform? I guess I'm not—in a sense no, you're not going to be—I guess maybe to the point The counties don't exchange information about transactional data in their counties, right? County gets access to the data that's in their county. We have to protect that. In terms of what might be going on in Oregon or another state, NCS Analytics will have some aggregate data regarding that integrated.

They provide this platform to other states as well as local governments.

CommentRenee O'NeillProposed · by introduction7:42:29

So it is integrating information on tax compliance from other states? Yeah, what's out of the norm? I just want

CommentExecutive DirectorProposedself-stated7:42:36

to say when you say integrate, I think of its sort of part of your data set. It's not that but you would get the benefit of their experience in other jurisdictions and states.

CommentRenee O'NeillProposed · by introduction7:42:46

What I'm imagining is the algorithm that identifies the data anomalies should be informed by other Similar exercises in other states that historically have occurred to make it

CommentExecutive DirectorProposedself-stated7:43:00

smart. Sure, I believe that's accurate. Unfortunately Adam had to catch a plane. He is the data gatherer CEO of NCS and so I think that is true. It's being informed their analytics engine is informed by other data sets. I just wanted to be clear that the actual transactional level of data is protected, right? Yes. I would understand and expect

CommentRenee O'NeillProposed · by introduction7:43:21

that. The privacy involved in all of these businesses, you know everybody has a legitimate right to expect that their tax information from their business is private and that it was only aggregated and used as a tool to identify anomalies, you know, that we would

CommentExecutive DirectorProposedself-stated7:43:35

then... But it would inform for example, I suppose what you'd expect in terms of yields or pricing

CommentRenee O'NeillProposed · by introduction7:43:41

Again, this is all new. We are trying to figure it out and I agree that it's a lot of money but there is a lot of money involved here and if this ends up being worth it we will continue. If not, then we

ElectedBob NelsonChairProposedvoiceprint 0.877:43:55

won't.

CommentRenee O'NeillProposed · by introduction7:44:00

Yeah, I agree that we will have to evaluate whether this is worth the money in the future. But I think too much time has passed where we have not had certainty that people are doing what they're supposed And so I, you know, I was with Jeff on the strategy. I even had a separate meeting with them where they're like why aren't you joining? You're the CSEC guy and I was like because the dues are too much. They have come back with something far more reasonable. It's still a lot of money.

I would just say that, I don't view legal operations in Monterey or other counties as our competitor. If you look at the market statewide, I view the black market which is three-fourths of the total California market as the competitors because I like the revenue, I like the good paying jobs, I like that farms are surviving but the thing I like the most is Is is hurting the cartels is the public safety reasons for legalization and that's only real if we make sure people are doing what they're supposed to be doing. And I know it seems inefficient to have several different folks who are supposed to be checking up on this but at this point, I'm I don't see why we wouldn't do that In order, you know people who lie tend to lie differently because lying consistently is difficult.

So I believe that at this point the system could profit from more eyes on it.

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ElectedBob NelsonChairProposedvoiceprint 0.877:46:07

Thank you Supervisor Williams. Supervisor Hartman?

ElectedJoan HartmannSupervisorProposedvoiceprint 0.827:46:10

Yes, I like some of my colleagues blanched a bit at the price but I remember that track and trace was to be foundational for our enforcement effort particularly that we would get the taxes that were owed. And I think the state has really fallen short. We were going to be part of a pilot and, you know, I kept telling people we're going to get the money, we're going to get the track-and-trace and it turns out whatever we get, we can't use.

So I think that if we get digested data that is useful, that gives me a lot more confidence that we're keeping faith with the people we told we are going to be collecting these revenues The method that we're going to use to ensure that it's coming through and that it isn't leaking into the black market. I wish our treasurer were here today, but I've been involved a bit with TOT audits.

I don't believe those are automatic anymore and basically again complaint driven and they are very labor intensive And I think we want something better and more reliable, more consistent for cannabis. So I am sure that based on the discussion if we go forward with this which I favor that we will get a benefit cost how much you know let's experiment and try and make sure you know if it's not yielding benefits then we'll opt out but I really do believe We have to do this just as a check on ourselves to make sure we're you know, what are we missing?

We hear it from a lot of people that we are missing revenues. So this gives us a way to answer that question

ElectedSteve LavagninoSupervisorProposedvoiceprint 0.827:48:06

Thank You Supervisor Hartman Supervisor Lavinino thank you so well I kind of anticipated this so I'm curious if the California Cannabis Authority also, I saw that you have regular legislative updates. I'm curious if there are other, when it comes to taxation, do you have other goals? Is it just compliance or is there like a wing? I know you're attached to CSAC somehow and what I'm getting at is I think the state tax on On a pound is $148 or somewhere around there where the price it was. I mean, that's when it was at you know 1000 or 1200 dollars a pound and now it's considerably less than that. Is there anything being done from you guys or at CSAC for advocating?

For lower taxation on the state side everybody always talks about us being the taxation we are the tiny little percent on top but the bottom part is

7:49 – 8:0016 turns

CommentExecutive DirectorProposedself-stated7:49:15

Okay so I want to make sure I understood the question. So first on the tax stuff, I will say we are involved in tax. I'm a state and local tax lawyer by background that's my training and so anytime I get the opportunity to do work in the tax arena it's something I enjoy as well as serving our members. We haven't been advocating a policy directly in the legislature. The legislative items you've been identifying on some of our agendas relate to what the state has been doing regarding consolidation and better partnering with us. The idea with our legislative approach is that we would like to have a better partnership with the state in terms of their exchange of data, not just on track and trace but licensing as well, to have a better partnership between the exchange of information at what's going on at the local level So that's, that is a lot of what the legislative program is about.

And so our members haven't directed us really to engage on specific

ElectedSteve LavagninoSupervisorProposedvoiceprint 0.827:50:15

tax policy. Okay. Just my last question for you is what are other members dues? Are they public or are they private?

CommentExecutive DirectorProposedself-stated7:50:23

Yeah, it's a public. So they've historically all been based upon receipts or a percentage of their receipts. So you might imagine that we have a base membership fee which is $7000 per quarter per member so we have some members who are not in the platform themselves but they participate They participate in our, you know, policy development stuff. And then we have our other three members in the platform that pay based upon their receipts. They run from San Luis Obispo, Yolo and Monterey different sizes.

ElectedSteve LavagninoSupervisorProposedvoiceprint 0.827:51:00

So would we be the largest? We'd be the largest. Okay. All right. Thank you. And then my final comment would just be that I understand this is going to move forward and I hope it yields what What we're hoping for, but I really think that we do need to get some sort of hearing. Of what we have internally and how it works or how it doesn't work and how we should make it work so that the CEO's office, the treasurer tax collector's office everybody is connected. We're getting this information Putting our foot down on compliance, all those things. But I think we really need to get our in-house order put together.

Thank you.

UnidentifiedUnidentified speaker 1Proposed7:51:53

Supervisor Laveny and I was just going to say if you'd like us to do that, we can come back maybe at the next quarterly update and provide an update and actually ask someone from the treasure tax collector. So if you'd like us to do that be part of your motion, that would be great so we can confirm with a treasure tax collector.

ElectedBob NelsonChairProposedvoiceprint 0.877:52:10

And I'm also interested in moving forward with this as well. I have the same heartburn as all my colleagues on it. I know we have to go to public comment before we finish our deliberations, but you know, I think Brittany said it right that trust but verify. You know, we're dealing with a commodity here and as we're seeing the prices fluctuate and right or wrong, the county signed up to be gross receipts taxation policy if we went down the square foot This is the one we've chosen to go down as a county.

And so with that, it's going to be a little bit more labor intensive And it's going to be have a need for more eyes on it and to try to find those outliers. You know, if somebody saying that they're selling something at $100 a pound in the markets really $300 a pound we need to know why and when you ask those questions and I guess that's what we're gonna get from this and that's what I'm hopeful for.

Tax avoidance is something that you know, it's a American trait and something that many do but what You know, I don't know the exact quote but I think that tax evasion is a crime. And so we've got to make sure that we're taking care of that and being good stewards here. I think like Miss Heaton said that just by signing up in some jurisdictions they saw a tax revenue go up and I think that's not an accident. When you have a cop on the side of the road guess what? People slow down.

That's the first thing when I get speeding complaints in Orchid I call the CHP and said can you drive up and down this road a few times over the next month. And sure enough, the speeds go down because people know that there's a chance that they might get pulled over and given a ticket. Doing everything they can out there with our operators. Most operators I've met with seem to be honest, but I think we need to make sure that we have all eyes on it. So with that, my one last question for Mr.

ElectedSteve LavagninoSupervisorProposedvoiceprint 0.827:54:27

You brought up a good point about the square foot tax. I was curious, Monterey has square foot tax and they're part of your program so how does that?

CommentExecutive DirectorProposedself-stated7:54:34

Well I think that they find value in not only in the regulatory aspects because you have part of the county's obligation right is licensing enforcement and so I think that they find value And the platform's ability to alert them to anomalies in the system. That's how—the platform really is set up, I think Brittany talked about it a little bit, but it was—it's an alert-based system. So the idea is that it's not just giving the track and trace data to you, it's alerting your staff to anomalies, and it's based upon—there are five level of alerts, and Adam's team really helps train your staff on understanding what those alerts do so they can Focus their attention, whether someone's reporting an excessive amount of waste relative to the amount of product that they have.

Or they say that they're selling product at a certain price when the market seems to suggest that's either substantially more or substantially less than what you'd expect. Those sort of expectations, that's what the system is designed for, is to try and help your staff be much more efficient and much more effective in their oversight. That's why Monterey does. I mean ironically one of the discussions in Monterey right now with prices down is The gross receipts tax is actually much more per yield than what a square footage tax would be, right? So there's that discussion going on right now as to maybe gross receipt tax would be better in the down market.

ElectedSteve LavagninoSupervisorProposedvoiceprint 0.827:55:56

Well it's funny because we were getting beat up that we weren't Monterey and doing $5 a square foot which I think has probably bankrupted every grower in Monterey just about so anyway.

ElectedBob NelsonChairProposedvoiceprint 0.877:56:06

Thank you, Mr. Turner. I believe we need to get the public comment if we would and then we'll come back to the board. Thank you, Supervisor Hart. Madam Clerk?

CommentAmonProposed · by introduction7:56:14

Chair Nelson and members of the Board, we have two requests to speak under this item. We will begin with Mark Sciatello to be followed by Renee O'Neill who will be our final speaker.

ElectedBob NelsonChairProposedvoiceprint 0.877:56:23

Okay, and I'm going to go ahead and close public comment on this item. Mr. Sciatello when you're ready.

UnidentifiedUnidentified speaker 17Proposed7:56:30

Good afternoon, once again members of the board. Mark Shutillo for the Santa Barbara Coalition for Responsible Cannabis. I think we shared a lot of the same concerns that you did. You know, we're supportive of a comprehensive regulatory and taxation program and there needs to be Checks and balances to prevent leakage from the black market and to ensure that we're looking at things from the right perspective.

We were daunted by the costs, and I think your board has identified a good path for that. Let's give it a try and if I read between the lines Let's give it a try, but watch it carefully. Again, transparency is something that the community is going to look for particularly with this level of investment. It's a little bit hard to find the California Cannabis Authority online and I think as you noted, the minutes of past meetings aren't particularly impressive.

But we think it seems to have considerable potential application for Santa Barbara and could have some value. It seems like it's worth the, to dip a toe in the water although it's really hard to say well for half million dollars we could add another couple of planners and be able to advance on some of the other issues that are important in the county. But we'll leave this one to your good judgment and hope that there will be ample opportunities for the public to be involved and to monitor this process. Thank you very much.

Thank you, Mr. Chateau.

CommentAmonProposed · by introduction7:58:06

We will now go to Renee O'Neill who is our final speaker.

ElectedBob NelsonChairProposedvoiceprint 0.877:58:09

All right, Ms. O'Neall when you're ready? We can hear you.

UnidentifiedUnidentified speaker 6Proposed7:58:17

Good afternoon again. I want to compliment Brittany Heaton and Jeff Frapwell and others that have done the presentations today, especially this one. It's encouraging to me when I saw this on the agenda, I felt it was definitely worth something that we could look into. And hopefully it'll help us achieve the goals that we are all looking at and that's compliancy with the growers and in paying their fair share in taxes.

Attending these meetings since 2017 and been instrumentally involved in this entire process. And it saddens me to look at why we're even in this mess, to begin with, and not just with our county but with our state I feel The we all predicted that the bottom was going to fall out of the market with cannabis. And I think it's just due to the number of licenses that the state adopted, I think it's due to what each county is doing with number of licenses and acreage that's allowed so it's sad but And it's a learning experience, and I hope we can go forward from here and make things better. I'm sure we will.

I don't consider Santa Barbara County to be a leader in this, but that's it. I would like, I guess, to have seen better regulations from the outset that would've mitigated some of the negative class one impacts that we're dealing with today. Thank you for listening and I appreciate everything everyone's doing to remedy the problems. Good afternoon.

8:00 – 8:0914 turns

ElectedJoan HartmannSupervisorProposedvoiceprint 0.828:00:33

I believe they asked that we also give direction for a hearing. Our next quarterly cannabis update would have briefing on internal, how our internal process works to assure tax and regulatory compliance and that this would include our treasurer tax collector.

ElectedBob NelsonChairProposedvoiceprint 0.878:00:51

Does the maker of motion add that? Okay. And do you have a second?

ElectedJoan HartmannSupervisorProposedvoiceprint 0.828:00:59

I will second.

UnidentifiedClerk of the BoardProposed · by role8:01:00

Chair Nelson, I do want to make a small adjustment to the staff's recommendation. Councilman Mullum noticed that on item A3 it should say that to appoint the Assistant County Executive Officer and Budget Director to serve as alternate. The assistant is missing in that for the alternate.

CommentRenee O'NeillProposed · by introduction8:01:26

I'll add

ElectedBob NelsonChairProposedvoiceprint 0.878:01:27

that to the motion. Okay,

UnidentifiedClerk of the BoardProposed · by role8:01:28

thank you

ElectedBob NelsonChairProposedvoiceprint 0.878:01:29

and the seconder absolutely accepts that is there any further discussion on the motion? Seeing none Madam Clerk can have a roll call

Roll-call vote Passed 3–1 motion? Seeing none Madam Clerk can have a roll call
Show transcript
Supervisor Hartman aye Supervisor Lavinino no Supervisor Williams aye Supervisor Hart aye Chair Nelson aye
CommentAmonProposed · by introduction8:01:50

Motion passes 4-1

ElectedBob NelsonChairProposedvoiceprint 0.878:01:53

Okay, next item up is item number six. Madam Clerk will you read that into record while we have staff?

CommentAmonProposed · by introduction8:02:03

Chair Nelson and members of the board, departmental item number six is from the Agricultural Commissioner. It is a hearing to consider recommendations regarding the Agricultural Commissioner Weights and Measures Department revised fee schedule.

ElectedBob NelsonChairProposedvoiceprint 0.878:02:29

And we'll go ahead and turn it over to our Commissioner Fischer to introduce Mr. Maton.

UnidentifiedUnidentified speaker 24Proposed8:02:37

Good afternoon, Chair Nelson and members of the board I'm here today with Matt Matoner Deputy Sealer and he will be providing you the presentation on our revised fee proposal for your consideration

PresenterMatthew MatonAgricultural Weights and Measures DepartmentProposedself-stated8:03:26

Necessary to make our high level the issue. I'll start over. Sorry, I thought that was on. Okay good afternoon Chair Nelson and board members my name is Matthew Maton with the Agricultural Weights and Measures Department. I'm here today to present our revised fee schedule proposal. Our department's okay our department's fee proposal is keeping in line with the county's fee policy of full cost recovery for department services provided to public and industry These fees are necessary to offset costs to provide essential services to agricultural and commercial businesses. We are recommending a three-year phasing period for most of these fees, to minimize impact on local industry.

These fee increases are necessary to maintain our high level of customer service to industry without increasing county subsidy. Our department contracted MGT of America for our fee study analysis. And lastly, our proposed fees were reviewed by the County Auditor's Office to ensure compliance with the county's fee policies. Next slide please. Our fee amendments will include our phytosanitary inspection fees which are required for inspection of commodities shipped out of county to ensure compliance with foreign importing requirements.

Our direct marketing fees, these include our certified producer certificate fees to ensure that county producers are growing what they sell and our farmers markets annual fees which each market pays for their annual inspection and certification Next, we are revising our weights and measures annual fees. These include our commercial device permits for our mandated inspections of commercial weighing and measuring devices such as grocery scales and retail gas pumps.

Our point-of-sale or scanner permit fee for our price accuracy inspection program and our county packer annual fee for a package verification program. And lastly is our department hourly fee rate which is used for services not listed on our department's fee schedule. Our Farmer's Market annual fee is currently at $250. This fee was last revised in 2008. We're recommending to increase this fee based on the number of vendors our market has and with a three-year phasing period.

Markets with 1 to 15 vendors, the new fee will be $250 to $290, phasing over three years. Markets with 16 to 30 vendors, the new fee will be $275 to 329 over the next three years and markets with over 30 vendors a new fee will be $295 to $387, phasing over the next three years. Next we are proposing to increase our producer certificate annual fee. Oh can you go back one slide? Sorry Our producer certificate annual fee from $25 to $50.

Also an increase to the producers per site fee, $15 to $30. These two fees were last revised in 2008. We are also proposing a new fee for our producer certificate amendments of $25. Next is our phytosanitary inspection fees. These were last amended in 2010. Inspections for 10 units or less, our current fee is $25. We're proposing a fee of $55 to $115 phase over the next three years.

Inspections for 11 or more units, our current fee is $40. We're proposing a new fee of $80 to $160 over the next three years and lastly Our department hourly rate currently our fee is currently $80, which was last amended in 2010. We're proposing a new fee of $95 to $130 phased in over the next three years. Next slide please. Our last group of fees are our weights and measures fees. Our point-of-sale or scanner fees were established in County Ordinance in 2012. These fees are based on the number of scanners that business has, and we're also proposing a three year phase-in period for this increase. For businesses with one to three scanners, we're proposing an increase of $95 to $130 over the next three years.

For businesses with four to nine scanners, a fee of $190 to $260 over the next three years. And businesses with ten or more scanners an increase of $290 to $390 annually over the next three years. Next is our County Packer Permit Fee. This was established in county ordinance in 2012, current fee's $240. We're proposing a new fee of $290 to $390 phased in over the next three years.

The last group of fees are the Commercial Device Permit Fees. These fees were last amended in 2012. The maximum fee amounts are established by state law. These fees are comprised of a location fee and a category device fee. And if you refer to your attachment A on pages five to seven, this will explain all the categories for this established fee grouping. There's about 25 different device fee groupings.

Next slide please. And our last slide is our recommended actions. The Agricultural, Agricultural Weights and Measures Department were asking the Board of Supervisors to approve the introduction of an ordinance amending the Agricultural Commissioner Fee Schedule to read the title ordinance amending Ordinance Number 4832 and wait for further reading of the ordinance and a set of hearing to the administrative agenda of September 21st to consider and approve the adoption All right, questions from the board? Sorry Supervisor Hartman.

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8:09 – 8:1911 turns

ElectedJoan HartmannSupervisorProposedvoiceprint 0.828:09:28

Thank you. So it's been 9 to 13 years, 13 to nine years since you've had an update and you're going to phase it in over a three-year period I guess and you've done a study really to verify that these are your actual costs and I believe you've done some outreach to those affected and could you describe that?

PresenterMatthew MatonAgricultural Weights and Measures DepartmentProposedself-stated8:09:54

Supervisor Hardeman through the chair. So we did outreach, we did the required public notice and our department also reached out to many of the stakeholders in the county such as the farmer markets management certified producers Ag Advisory Committee Farm Bureau so we did a lot of outreach.

ElectedJoan HartmannSupervisorProposedvoiceprint 0.828:10:14

And the response?

PresenterMatthew MatonAgricultural Weights and Measures DepartmentProposedself-stated8:10:18

Responses all went very well. There were hardly any questions and a couple of them were saying, well those are reasonable costs.

ElectedBob NelsonChairProposedvoiceprint 0.878:10:29

All right? All right, do we have any public comment on this item?

CommentAmonProposed · by introduction8:10:34

Chair Nelson and members of the board, we have no request to speak under this item

ElectedBob NelsonChairProposedvoiceprint 0.878:10:39

back to the board. I just wanted to not see any lights on here that Supervisor Hartman Had a similar question that I did. You know, presenting to the Ag Advisory Committee is really important. You know you guys presented they're aware they're not here today. I don't see any letters in the record opposing this. My office did some additional outreach to some of our stakeholders, growers, shippers and others. And while many people don't like that fees are going up I think most people understood it was necessary for you guys again to continue the high level service that you already provide.

I also think it speaks to the confidence that the regulated public has in your department That if you guys are coming to them and you guys are asking, it's probably because it's needed. I really appreciate the three-year phase in. I know that other departments has come forward with fee increases that they have not taken that same approach. And it's been a very difficult thing for some businesses to take that immediately. I think multiple years gives a chance for people to plan their business operations around that. And so I think that you guys were very compassionate and business friendly in doing that.

And I'm not going to always be a yes vote on fees. It's it's it's a hard lift for me personally and my constituency, but I have the utmost confidence in your department and Kathy and the services that you're providing so I'm I'll be glad to support this today. So with that, can I get a motion? If there's no other additional comments. Supervisor Lavagnino?

ElectedSteve LavagninoSupervisorProposedvoiceprint 0.828:12:21

I'll make a motion to move staff recommendations.

ElectedBob NelsonChairProposedvoiceprint 0.878:12:24

Second. All right. Second, I think was by Supervisor Williams. Is there any further discussion on this item? All right seeing none all in favor signify by saying aye. Aye. Motion passes unanimously. Good job Mr. Maiden.

CommentRenee O'NeillProposed · by introduction8:12:43

Mr. Chair? Supervisor Williams? Can I make a motion on the next item? Yes, sir. Or can I prompt Supervisor Hartman to make a motion on the next

ElectedBob NelsonChairProposedvoiceprint 0.878:12:54

item? All right that's too much now I think but with that we're gonna take a small break to give our translator and I'm sorry but we got to give our translator a small break here so we'll be back in three minutes Welcome back. Next item is Departmental Item Number 7. Madam Clerk, will you please read that in the record?

8:19 – 8:314 turns

CommentAmonProposed · by introduction8:19:56

Chair Nelson and members of the Board, Departmental Item Number 7 is from the County Executive Office. It is a hearing to consider recommendations regarding the Renew 22 Annual Report for Fiscal Year 2020-2021.

UnidentifiedUnidentified speaker 1Proposed8:20:12

Chair Nelson and board members. So what we have to do today is something a little bit different but before I present that, there's about three things I want to say because these are questions that are going to pop into your head. One of them is who is that voice I'm hearing? And that will be Lynn Dybuld the Assistant Director from General Services who has been spearheading and project managing our Renew22 initiative so thank you and you'll hear her voice.

What am I seeing? Who put this together? This is from the Executive Committee, the Renew 22 Executive Committee which is my executive staff. Jeanette Pell from General Services along with Lynn, Human Resources Director Maria Elena de Guevara, June Mighty and Yvonne Torres and AJ Kinoveva, Jasmine McGinty from my staff and of course Gina DiPinto when you'll see why we're so happy and proud of this work and thanks much of it as thanks to Gina Di Pinto. Second thing is Who else should we thank? Our department directors and our departments because they've been at this since 2017, sometimes kicking and screaming, sometimes enthusiastically cheering it on to transform our organization. And so thank you to them for all their efforts on Renew 22.

And lastly, who else needs to be thanked? Primarily the Board of Supervisors. Thank you for your support and your encouragement, your dedication and courage to have us dig deep, welcome change, continue to innovate, transform, take risks, collaborate, and make ourselves a better more resilient organization.

UnidentifiedUnidentified speaker 2Proposed8:22:08

22 today's

UnidentifiedUnidentified speaker 25Proposed8:22:08

report is. In the spirit of Renew22, today's report is being presented in this video format. The bold intent of the Renew initiative is to transform our organization by rethinking how we use technology people and processes to meet new expectations community needs and changing economic social and environmental conditions. Marking the fourth year of Renew22 The overall objective is to create organizational resiliency so that our county government can sustain high quality services to all in our community now and in the future. Renew 22 cultivated a framework for change and innovation, something that has aided us in responding to the pandemic.

In many ways, the pandemic accelerated renew initiatives and spotlighted the importance of key renew values and behaviors such as using data for decision-making taking reasonable risks to innovate new outreach methods to ensure equity and high levels of communication to ensure the public's trust. In 2017, five years was chosen as a realistic and tangible goal to achieve true transformation. But it doesn't end there. Progress will continue well beyond 2022.

Renew22 addresses five core areas. Revisioning the organization, rebalancing our resources Redesigning how we do our work, responding to residents and customers with the highest quality of services within our means, and retaining high-performing employees in preparing the next generation of leaders. All departments developed renew goals focused on these core areas. To further accelerate progress, in 2019 seven countywide big picture goals were developed to focus initiatives and implementation on the five core areas.

These are measured tracked and included in each department's budget beginning in fiscal year 2021-22 Here is a look at progress made on the big picture goals. Rebalancing our resources to help ensure fiscal responsibility as a countywide goal, we asked departments to quantify efficiencies equal to 1% of their budget for fiscal year 2021. Departments achieved a 1.8% in efficiencies valued at $19.5 million through new cost avoidance, cost reduction and innovation. In 2019, KPMG was hired to conduct operational and performance reviews of all departments.

As of June 30th 2021 they completed eight departments plus a focus review of the cannabis permitting process. The reviews include recommendations that are addressed departmentally then monitored and tracked by the county executive office through quarterly status reports Under redesign, our goals are focused on promoting efficiency and enhanced services to the customer. A countywide goal is to look at services that could feasibly be conducted online and migrate 75% of those services online by June 2022.

By June 30th of 2021, 83% of those services were offered online. Another countywide big picture goal is focused on process improvement training through InnovateSBC designed to provide staff with the tools to become change agents using technology and innovation to create more efficient processes. Our goal is to ensure 225 employees are trained by June 2022 and achieved two times the program costs in savings.

By June of this year, we exceeded the goal. In addition a true test of our resiliency and being nimble came from challenges created by COVID-19. Not only did we respond to operational challenges during the pandemic We adapted and learned from these challenges. DocuSign was implemented as a fast, reliable way to electronically sign documents and agreements on practically any device. Furthermore, departments used a start-stop-continue assessment to reflect on how business has changed and what new trends have driven the start of new processes or what drives the end of others as a result of the pandemic in current business and operational needs.

In order to maintain the best quality of service to the public, departments were asked to track the processes they started, stopped and will resume as we move forward. Under Respond, the County strives to respond to residents and customers with the highest quality of service. And being responsive to our residents is a high priority. Through employee training and development, we emphasize customer service best practices.

Our big picture goal is to conduct biennial external and internal customer or client satisfaction surveys, or other feedback by June of 2022. By June of this year we conducted 20 external surveys and suspended the internal surveys due to the pandemic. In addition, throughout the pandemic we expanded all community outreach with an emphasis on multicultural engagement.

Board meetings are interpreted live in Spanish and broadcast on Cox and Comcast cable. Every press conference is interpreted in Spanish and American Sign Language. And the pandemic public health education campaign is multilingual using grassroots and traditional outreach, and effective collaborative community partnerships. Virtual public meetings allowed county business to continue with our community's participation and engagement in English and Spanish, and using all available methods to reach customers.

Departments with public counters offered a hybrid mix of virtual, electronic, by-appointment and dropbox services. Under RETAIN, we strive to retain high-performing employees and prepare the next generation of leaders in county government. Our countywide big picture goal is to retain 80% of new employees during their first five years of county employment. We are on track to achieve this benchmark. 83% of new employees hired in 2019 were retained as of June 30, 2021.

Another countywide goal is for 30% of managers to participate in a countywide or department sponsored leadership development program. Human resources increased employee engagement through various training and learning opportunities And at the end of last fiscal year, we exceeded the goal with 45% of managers having participated in leadership training. This was achieved in part by the Leadership Certificate Program started by HR as a Renew22 pilot initiative which has since been expanded.

It's a six-month program designed to focus on employee engagement, coaching and leadership development for mid-level managers. Participants receive leadership coaching and collaborate on a process improvement group project. In addition, HR launched three leadership programs including Becoming a Supervisor, Supervisor Boot Camp and Management Development. Under revision we are celebrating our countywide values by broadly displaying them throughout our organization. The We Are campaign was launched visually unifying our guiding principles with our motto of One County One Future which was officially added to the county logo this year. We value accountability, customer focus, equity and inclusion, innovation trust and ethics or ACET. To put action to these values and accelerate organizational change five transformative behaviors were identified that embody how we work with those guiding principles in alignment.

We achieve our mission to deliver exceptional services so all in Santa Barbara County can enjoy a safe healthy and prosperous life. The values and behaviors are being integrated into management performance evaluations being introduced later this fiscal year in 2020, the board adopted a statement of commitment to equity and inclusion in the community and workplace to create a pathway to a more equitable and inclusive organization human resources launch join A series of learning labs for county leadership to learn, grow and champion our race equity and inclusion principles. Communication and engagement internally and externally contribute to the success of Renew 22. Enhanced access to renew information is posted on the employee internet and on the county website.

In addition, fiscal year 2021 was the first year that countywide goals and progress were tracked and included in the budget development process and made available to the public increasing both transparency and accessibility. Looking forward to 2022 and beyond County leadership will continue to further refine priorities challenges and opportunities on how we can be a better more resilient and responsive organization After all, we are one county with one future.

8:31 – 8:3814 turns

UnidentifiedUnidentified speaker 1Proposed8:31:49

We're happy to take any questions here.

ElectedSteve LavagninoSupervisorProposedvoiceprint 0.828:31:52

Thank you Mr Chair. I've never been more proud to be a county employee today. That was awesome. So, I think the real reflection though is you know if you think about it CEO Miyasato you had an idea and very rarely I see in government that people have a really good idea and then it turns into something, it flourishes You with your team deserve so much credit for coming up with this idea and then man, we just don't spend enough time ever looking back on what our successes are. In this world in our business it's always onto the next thing here's what you did wrong.

This is where you should have done it better but what this really laid out is you've given us a path that's going to last for a decade of measurable success stories The path is now laid out that here's the items we're focusing on. I didn't know, I really didn't know that we had achieved $1.8 million in savings, the department heads had done that? I didn't know

ElectedBob NelsonChairProposedvoiceprint 0.878:33:06

that. 1.8%, which was 19 and

ElectedSteve LavagninoSupervisorProposedvoiceprint 0.828:33:09

a half million dollars. I'm sorry, 1. 8%. Right. Somehow like I'm just used to hearing bad news so I didn' get all of that but Everything is just so positive, retaining employees all those kinds of things. This should be running on out in the public as much as we can. I just think it's a real tribute to you and your team because I know a leader can come up with an idea but if there's nobody behind you, you're just somebody out for a walk right? So big kudos to you and your entire team and the whole county family just a huge success Thank you, Supervisor Lavinia.

ElectedBob NelsonChairProposedvoiceprint 0.878:33:50

Supervisor Hart and Supervisor Hartman?

CommentRenee O'NeillProposed · by introduction8:33:51

I just want to add that what I really like is not only did it incorporate the original elements but it has adapted and expanded and flexed to incorporate the new things. Inclusion of equity as a major metric in this effort is really smart and just it's a dynamic thing that can evolve. It's a shame that it says 22 on it because we're going But that's okay. We'll figure out, we'll adapt and evolve. And it is really, as Supervisor Lavinio said, so great to look back and see progress like this and understand how it can work. So thank you.

ElectedBob NelsonChairProposedvoiceprint 0.878:34:32

Thank you Supervisor Hartman.

ElectedJoan HartmannSupervisorProposedvoiceprint 0.828:34:34

Well it is a really proud moment I think for all of us up here and for our entire county. A bureaucracy or an organization, it resists change and it's really the tool by which we accomplish all of our objectives And yet, it's so frustrating. We can have these great ideas but if we don't have the right tools to make it happen, we're really just talking in the wind and it's not the kind of thing shaping bureaucracy. I talk about it sometimes in public and it's a little difficult to get people excited. I think this is gonna help to really understand But this is why we're so enthusiastic about our CEO and the team that she's put together, because this will last forever. This will make us more resilient and more bolder, more experimental instead of stayed and settled.

And that's exciting. I mean who just wants to do the same old, same old and warm the seat? Let's really do something with our time here. So you're doing it and it's very exciting.

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ElectedBob NelsonChairProposedvoiceprint 0.878:35:53

Thank you Supervisor Hartman, and I guess that this is our submission to the CSAC Challenge Awards here right? And my first recommendation is I think renew SBC. You know, maybe that's the you know because I think this is something that we should trademark for us in our county but being a model for the rest of the state and you know the credit does go to you Mona and your team of course it like like I know like a good leader giving credit to those who stand behind you didn't make you look good. I have good staff.

I also want to thank you for the video presentation. I thought that was great, big fan of that.

UnidentifiedUnidentified speaker 1Proposed8:36:32

Thank you Gina DiPinto for pulling it all together again. And

ElectedJoan HartmannSupervisorProposedvoiceprint 0.828:36:35

a great voiceover.

ElectedBob NelsonChairProposedvoiceprint 0.878:36:36

Yes so other departments that want to get kudos? You know little video presentation always nice and but you know I wanted to go back to the rebalance page that Supervisor Lavinio highlighted. Being somebody who's a fiscal conservative that, you know has a constituency that is always critical of government largesse. You know one of the things that's often asked is why don't we go down to like zero base budgeting? Like we'll go back to the beginning justify every expense Every time and that's great in a very simplistic set setting, but county government is way too dynamic to ever go down that route. So it's kind of a non-starter to begin with and I think what you guys have done with rebalancing and challenging departments to look for the cuts and how they not only cuts but efficiencies because that's the other piece.

You know a cut for cuts sake, you know, you can cut services. You can do lots of things, but you know constantly challenging ourselves individually as departments Department heads I think is a very powerful tool and I think it's something that we should continue on going. You have our support as board members and our thanks as well, and our thanks on behalf of the taxpayers out there in our residence that are the ones who you know are the ones their tax revenue funds us. And so on their behalf I say thank you and appreciate the work you guys are all doing.

So with that or actually before we take a motion, Madam Clerk. Oh doing the motion first? Oh sorry do you have any public comment on this item?

CommentAmonProposed · by introduction8:38:19

Chair Nelson and members of the board we have no request to speak on this item. Thank

ElectedBob NelsonChairProposedvoiceprint 0.878:38:23

you. All right so with no public comment I'll be willing to take a motion on this item.

8:38 – 8:4310 turns

ElectedJoan HartmannSupervisorProposedvoiceprint 0.828:38:34

Move recommendations A through C

ElectedBob NelsonChairProposedvoiceprint 0.878:38:37

Second. Okay, before we go to vote Madam Clerk give an announcement to make.

CommentAmonProposed · by introduction8:38:42

Yes Chair Nelson and members of the board I would just like to let the record reflect that Supervisor Williams will be absent for the remainder of the meeting today.

ElectedBob NelsonChairProposedvoiceprint 0.878:38:49

Right thank you so we have a motion and a second all in favor signify by saying aye. Aye. Motion passes unanimously with one absence. All right thank you

moving on to item number eight

CommentAmonProposed · by introduction8:39:05

Chair Nelson and members of the board, departmental item number eight is from the county executive office. It is a hearing to consider an appointment to the Isla Vista Community Services District IV CSD Board of Directors.

ElectedBob NelsonChairProposedvoiceprint 0.878:39:20

All right.

PresenterStephen YeeProposed · by introduction8:39:22

Chair Nelson and members of the board, I have a brief presentation for the board today. And before I begin, I'd like to note that joining us shortly via Zoom we have Jonathan Abood, General Manager to the Isla Vista Community Services District for any questions related to the district. On February 28th 2017, the board appointed Robert Geist to the Board of Directors for the Isla Vista Community Services District also known as IVCSD to a two-year term ending February 28th 2019 As the board may recall, on January 28th, 2019, the board reappointed Director Geis to the Board of Directors for the IVCSD to a four-year term ending February 28th 2023.

On July 6th 2021, the clerk at the board received a notice of resignation from director Geis effective July 14th 2021 as seen in attachment A of the board letter. The appointment before the Board today is to fill the remainder of the four-year term previously held by Director Geis, ending February 28th, 2023. The Clerk of the Board posted a special vacancy notice on July 19th, 2021 in compliance with Government Code Section 54974. This appointment is to be made any time after the August 2nd, 2021 date.

The clerk of the board received two applications for this appointment from Kerry Topliff and Granger Brenneman, as seen in attachments B and C respectively. The board has the option to appoint one of the qualified applicants that submitted an application or another qualified candidate that may present themselves at the Board of Supervisors hearing today. I would like to note, to the best of my knowledge we have no additional applicants present themselves with interest in this appointment at this time.

In closing, I'd like to reiterate that the appointment before the board today is to fill the remainder of an unexpired four-year term of a director on the Isla Vista Community Services District ending February 28th 2023 which includes finding that the best interests of the county or district will be served and waive the requirements of government code section 24001 for an appointed county or district office.

And again although not with us momentarily, Jonathan Abboud is available for any questions briefly. And Chair Nelson and members of the Board that concludes my presentation and I am available for any questions.

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ElectedBob NelsonChairProposedvoiceprint 0.878:41:44

Questions from the Board before we go to public comment?

ElectedJoan HartmannSupervisorProposedvoiceprint 0.828:41:47

I did have a couple things I wanted to say although not a question. First of all The founding director Bob Geis was absolutely superlative in his service on the CSD board and I just wanted to recognize that. He's now eager to travel post-COVID with his wife, but he really did perform an enormous public service The CSD board is five elected directors from the community of Isla Vista, and it also has two appointed directors. So it has a different governing structure than any other CSD in the state. And Supervisor Williams helped to design this when he was in the legislature.

The purpose of the two appointed members, one is from UCSB and one is from the county. And it's really to provide a bridge to those organizations. So UCSB for example has now appointed Kirsten Deschler. She's a government relations assistant to the chancellor and she kind of represents the university in the chancellor on the CSD board but also the CSD back to the chancellor so having knowledge That organization is very important. And that was certainly what Bob Geist, he had an intimate knowledge of the county and RDAs and money.

And so I think as we think about appointees in my mind knowing about having roots caring about Isla Vista is extremely important. It's a very unusual dynamic exciting community And having knowledge, intimate knowledge of the county and its interests and how to bridge and communicate that because we're partner local agencies. So I just wanted to frame up our decision in that light.

8:43 – 8:5118 turns

ElectedBob NelsonChairProposedvoiceprint 0.878:43:46

Thank you with that let's go ahead and go to public comment.

CommentAmonProposed · by introduction8:43:50

Chair Nelson and members of the board, we have two requests to speak under this item. We will begin with Granger Brenneman who is an interested applicant to be followed by Claudia Henry.

ElectedBob NelsonChairProposedvoiceprint 0.878:44:01

Okay Mr. Brennan when you're available already?

CommentGranger BrennamanProposedself-stated8:44:07

Yes I'm available can everyone hear me?

ElectedBob NelsonChairProposedvoiceprint 0.878:44:09

We can.

CommentGranger BrennamanProposedself-stated8:44:10

Great thank you good evening my name is Granger Brennaman and I'd like to advocate my appointment to the IVCSC Board I'm a current student at UCSB, a resident of public housing in Isla Vista and a passionate advocate for underserved communities such as Isla Vista both in Santa Barbara and in my native San Mateo County. As someone who grew up and lived his entire life in an unincorporated CDP, I firmly believe that contrary to what's on paper, I have plenty of experience in this area. Furthermore, my work with the AS of UCSB will better allow me to link students and the county together Enabling constructive solutions for all involved. I see this appointment as not merely an opportunity to fill a space, rather it's a once in a decade chance to implement bold new leadership into the board from someone who represents the average real Isla Vista and a true chance to fix badly needed problems that will affect students and non-students alike.

For example we're in need of sustainable development and sustainably built housing stock and we're in need of a major infrastructure retrofit with many sidewalks crumbling or non-existent. Simply put, Isla Vista is badly in need of both the investment from the county and the will and leadership to implement that investment into something tangible. That's what I bring to the table. Thank you all for giving me the opportunity to speak. I look forward to being your advocate on the district board and Isla Vista's advocate to the county for the next two years. Let's pave some roads and cut some ribbons together.

And with that, I yield the rest of my time All right. Thank you, Mr. Brenneman.

CommentAmonProposed · by introduction8:45:48

We will now go to Claudia Henry who is our final speaker.

ElectedBob NelsonChairProposedvoiceprint 0.878:45:56

Ms. Henry when you're ready?

CommentClaudia HenryProposed8:46:03

Okay well I'm really happy to hear about the position being filled. I live in Goleta but I teach In Isla Vista I take the students to the beach on those sidewalks or lack thereof. I also have seven children that four of them are teenagers and college students and so I have a little something to say just from the ground. I just really wanted to encourage that the leadership that's really good and current and the new leadership as well to just pay special attention to the youth and the homeless, which I know they do. But the way that they've been suffering during COVID is really increased the stress that normally that there would be under. And so I guess I'm just giving an exhortation to the community outreach people just to pay particular attention for the mental health of these residents has been very compromised by the constantly changing regulations The stress of being told one thing and then another, and it's going to end.

And you don't have a place to live. You can go to school. You can't. You have a tent. You can't be here. And it's just been so hard. All the things swirling in these young people's minds and people who've been on the street, things like 99.9%, 600,000 deaths, underlying health problems, leaky vaccines, myocarditis, social isolation, suicide increase. Vaccines. Government nudging. I can't breathe.

Fatality rate. Censorship. Just everything is so intense and I don't want these young people to lose their trust in our liberal democracy like I want them to reach out to you guys and you guys to reach out to them so they don't become cynical. And so caring for their medical and mental and physical state their hope and despair it's just really really important to try to get their trust back. One kid told me today I already don't believe in representative democracy and there's a sense of despair through what they've been through. So

ElectedBob NelsonChairProposedvoiceprint 0.878:48:13

I just

CommentClaudia HenryProposed8:48:14

want to encourage you guys to continue to reach out. Thank you.

ElectedBob NelsonChairProposedvoiceprint 0.878:48:18

Thank you, that is your time. Now back to the Board for deliberations. Supervisor Hartman?

ElectedJoan HartmannSupervisorProposedvoiceprint 0.828:48:26

Yes, I did have an opportunity to speak with Mr. Brenneman and have my eye on him certainly for some county commissions and committees when I have an opening in the 3rd District. I would note that he is a transfer student so he's new to Isla Vista, he's new to Santa Barbara County He's got a wealth of experience, but I do think that he doesn't meet at least what I have in mind for this bridge between the county and a deep knowledge of Isla Vista and county processes.

I do believe that Carrie Topliff is exemplary in that. She is a gaucho, she's very deeply connected to UCSB and Isla Vista and I think she brings a wealth of experience from the county and a commitment to inclusion and diversity which is something Agencies and governments are really concerned about, so I think she would be an excellent fit. And I would like to nominate her for the job.

ElectedBob NelsonChairProposedvoiceprint 0.878:49:37

All right. We'll give you a chance to make that motion in a moment, but let's go to Supervisor Hart. I

CommentRenee O'NeillProposed · by introduction8:49:43

agree strongly with Supervisor Hart. First want to thank Mr. Geist for his fabulous service to the county and to the Isla Vista Community Services District. His valuable contribution will be missed, but I understand the pull of travel and other things in his life. And Mr. Brenneman, thanks for putting your name forward and you will definitely be somebody that can use their talents for the community but I agree with Supervisor Hartman Ms. Topliff is the perfect bridge appointment she has a long history of Isla Vista and has always had a great fondness for that community and will serve us well as representative on the CSD

ElectedBob NelsonChairProposedvoiceprint 0.878:50:22

Thank you, Supervisor Hart. And I too am a fan of Ms. Topliff when she was department head here and then when she did extra work with the CO's office, I found her to be someone who was always pushing for efficiencies, someone who is always holding staff accountable and she really impressed me and I would also be in favor It seems Mr. Brenneman might be better suited to actually running for one of the five CST appointments moving forward, and maybe if he decides to make this home, he'll have a better understanding of the county and be able to represent us someday in that relationship. But it seems that Ms. Topliff is definitely the preferred choice for myself.

So with that I'd be willing to take a motion on this item.

ElectedJoan HartmannSupervisorProposedvoiceprint 0.828:51:09

I move the appointment of Carrie Topliff by the Santa Barbara County Board of Supervisors to the CSD board. And so A and B, A, 1 and B of our staff recommendation.

ElectedBob NelsonChairProposedvoiceprint 0.878:51:25

All right do we have a second? Second. Okay all in favor any further discussion on that seeing none all in favor signify by saying aye. Aye. Motion passes unanimously All right, that concludes our meeting for today. Our next regularly scheduled Board of Supervisors meeting will be on September 21st in Santa Maria. Thank you