BodyBoard of Supervisors
MeetingRegular Meeting
Date📅 February 15, 2022

UnGovr Transcript

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0:03 – 0:087 turns

ElectedBob NelsonSupervisor, District 4Proposedvoiceprint 0.963:15 · ≈ 9:03 AM

Good morning. I'd like to call to order our February 15, 2022 Santa Barbara County Board of Supervisors meeting here in the Santa Barbara County hearing room. Madam Clerk please call the roll.

Roll call, called by Clerk of the Board
Show transcript
Supervisor Williams? Here. Supervisor Hart? Here. Supervisor Nelson? Here Supervisor Lavinino? Here and Chair Hartman? Here
Pledge of Allegianceceremonial · click to expand · ≈21s recited, not transcribed
ElectedBob NelsonSupervisor, District 4Proposedvoiceprint 0.963:37 · ≈ 9:03 AM

Please stand and join me in the pledge. Ready

UnidentifiedUnidentified speaker 2Proposed3:41 · ≈ 9:03 AM

begin.

And the next item is to approve the minutes from February 8, 2022. So moved.

ElectedSteve LavagninoSupervisor, District 5Proposedvoiceprint 0.814:05 · ≈ 9:04 AM

Seconded.

ElectedBob NelsonSupervisor, District 4Proposedvoiceprint 0.964:07 · ≈ 9:04 AM

And all in favor say aye. Aye. Any opposed? Pass unanimously. CEO's report. CEO Miyasato.

UnidentifiedUnidentified speaker 3Proposed4:14 · ≈ 9:04 AM

There's no report this morning Chair Hartman.

ElectedBob NelsonSupervisor, District 4Proposedvoiceprint 0.964:16 · ≈ 9:04 AM

Madam Clerk

UnidentifiedClerk of the BoardProposed · by role4:17 · ≈ 9:04 AM

announcements. Chair Hartman and members of the board I do have a couple quick announcements this morning. I wanted, I would like to inform the public that the chair will be rearranging the departmental agenda order today and we will be taking them in the following order. Departmental item number one for the LAFCO appointment We'll be first up as previously scheduled and that estimated time is around 930.

Next, we will be taking departmental item number four and this is from the Community Services Department and that's for the Recreation Master Plan and that estimated time is around 10 o'clock And then we will take a lunch slash closed session. That time estimate is to be between 12 and 115, and then we will return for departmental item number three that is from the county executive office regarding chapter 50 cannabis business license amendments and that current time estimate is around 115 And our next item will be departmental item number two, which is from Planning and Development Department. And that is the Codwell Cannabis Cultivation Project Appeal. And that current time estimate is around 2 p.m. today. And lastly, we will be taking departmental item number five from the county executive office regarding our COVID-19 update.

And that current time estimate is around 340. If you have any questions regarding today's schedule or order Please contact the Clerk of the Board at 805-568-2240. I would also like to remind the public that the Board of Supervisors meetings are being interpreted and broadcast live in Spanish. We are 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 or SAP under their language settings.

That information is currently being provided through the TV scroll. 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 2 of the agenda Members of the public can attend meetings in person in both Santa Barbara and Santa Maria Board Hearing Room Chambers. Please note we are following all local and state guidelines, and are currently requiring indoor mask usage for everyone over the 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 mask or face shield with drape at all times. Information regarding how to properly wear a mask has been posted throughout both rooms. Additionally, for those unable to wear a mask for any reason we can provide you with a face shield with drape. Lastly public health is encouraging social distancing in both hearing room chambers I would also like to remind the public that if you require any special accommodations please contact the clerk of the board to make that request preferably on the Friday prior to the board meeting 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 of the agenda.

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 and the registration confirmation email. You will be placed on mute until it is your turn to speak. The clerk will call you by name and when removed from mute, you will hear a notification that your line has been unmuted.

If you are using a touchtone phone, you may need to press star six to unmute yourself. Each person may address the board for up to three minutes and this is at the discretion of the chair. If you have any questions, please contact the clerk of the Board's office again at 805-568-2240 that's 805 568 2240. That concludes my announcements for today. Thank you.

0:08 – 0:109 turns

ElectedBob NelsonSupervisor, District 4Proposedvoiceprint 0.968:20 · ≈ 9:08 AM

Thank You Miss Alexander turning then to our administrative agenda do any board members have any items they'd like to pull Supervisor Lavinino A16? Yes. Any

ElectedSteve LavagninoSupervisor, District 5Proposedvoiceprint 0.818:30 · ≈ 9:08 AM

others?

ElectedBob NelsonSupervisor, District 4Proposedvoiceprint 0.968:35 · ≈ 9:08 AM

And Ms. Alexander, any members of the public?

UnidentifiedClerk of the BoardProposed · by role8:38 · ≈ 9:08 AM

Chair Hartman and members of the board we have no request to speak on the administrative agenda.

ElectedBob NelsonSupervisor, District 4Proposedvoiceprint 0.968:43 · ≈ 9:08 AM

Would you please read A16 into the record?

UnidentifiedClerk of the BoardProposed · by role8:46 · ≈ 9:08 AM

Chair Hartman and members of the board Administrative item number 16 is from the Board of Supervisors and this is sponsored by Supervisor Lavinino it is to approve the appointment of Vincent Martinez to the Planning Commission term ending December 31st 2022 and this is in the 5th district

ElectedBob NelsonSupervisor, District 4Proposedvoiceprint 0.969:04 · ≈ 9:09 AM

Supervisor Labanino.

ElectedSteve LavagninoSupervisor, District 5Proposedvoiceprint 0.819:05 · ≈ 9:09 AM

Yes, Madam Chair just wanted to pull this For those of us who have to find somebody to be a planning commissioner it reminds me of the Tremendous job that they do and when you're asking somebody to Perform this service. I had to be forthright and honest with him and talk about the workload that's involved for almost no pay, so I just thought it was appropriate to first off we're definitely going to honor The work that Mr. Blau has done, Mr. Dan Blau who because of redistricting is no longer going to be my planning commissioner spent 14 years on the Planning Commission I inherited him from Supervisor Centeno and we'll have a resolution and do A little ceremony for him when we're back in Santa Maria, but just wanted to Welcome. Mr. Martinez.

He is a attorney with twitch one rice in Santa Maria. He has a lot of land use expertise Graduate of Loyola Marymount School of Law and I'm really looking forward to his time on our Planning Commission.

ElectedBob NelsonSupervisor, District 4Proposedvoiceprint 0.9610:12 · ≈ 9:10 AM

And I just wanted to add having served on the Planning Commission with Commissioner Blau, I learned a great deal from him and he really gave a lot to the county never missed a meeting and was always prepared and had really good insights that we didn't get from any other source so I surely enjoyed working with him. Okay, may I have a motion then to approve the administrative agenda?

0:10 – 0:1810 turns

UnidentifiedUnidentified speaker 4Proposed10:42 · ≈ 9:10 AM

So moved. Second.

ElectedBob NelsonSupervisor, District 4Proposedvoiceprint 0.9610:44 · ≈ 9:10 AM

And any further discussion? All in favor say aye.

UnidentifiedUnidentified speaker 4Proposed10:47 · ≈ 9:10 AM

Aye.

ElectedBob NelsonSupervisor, District 4Proposedvoiceprint 0.9610:48 · ≈ 9:10 AM

Any opposed? Passes unanimously. Turning to

Agenda Discussionitems moved / continued / pulled, click to expand
ElectedBob NelsonSupervisor, District 4Proposedvoiceprint 0.9610:53 · ≈ 9:10 AM

general

public comment and I just like to note that COVID is on the agenda, the last item on our departmental agenda today so it's not appropriate. Public comment is for items that are not on the agenda but otherwise within our jurisdiction. Madam Clerk?

UnidentifiedClerk of the BoardProposed · by role11:13 · ≈ 9:11 AM

Chair Herman and members of the board, we have four requests to speak on general public comment today. And if you are a member of the public and have signed up for general public comment now is the time to log into Zoom to provide those comments. We will begin on Zoom with Maria Kessler to be followed by Tom Becker. Maria?

UnidentifiedUnidentified speaker 5Proposed11:36 · ≈ 9:11 AM

Good morning Board of Supervisors. Disagree with government policy? Homeland Security today says you are a terrorist if you speak out. According to journalist and political commentator Kim Anderson, a bulletin actually labels what is typically considered free speech as terrorism. The bulletin reads the United States remains in a heightened threat environment fueled by several factors including an online environment filled with false or misleading narratives and conspiracy theories And other forms of mis, dis and mal information introduced and or amplified by foreign and domestic threat actors.

Remember this is a bulletin about domestic terrorism threats to the homeless. And they're saying that we're in a heightened threat environment because of what they label miss or disinformation Iverson said which they're saying could be spread by American citizens so that's you and me It was originally a conspiracy theory that there would be vaccine mandates. It was misinformation to say the vaccine doesn't prevent spread, Iverson said. According to the DHS bulletin people who spread MDM as they call it are possible threat actors seeking to exacerbate societal friction to sow discord and undermine public trust in government institutions to encourage unrest which could potentially inspire acts of violence So they're saying that if you spread misinformation, do you spread information that undermines public trust in a government institution like the Centers for Disease Control or Federal Drug Administration, FDA or the Pentagon or Congress it could lead to violence.

And I'm just going to say we've gone over this in front of this board that the Supreme Court has ruled that unless speech creates an immediate threat of violence, it's free speech. And the constant coercion of the public that they cannot freely discuss science have rigorous scientific debate and discuss basically any topic you know is just it's just abhorrent we officially live in a police state if this is the position that our government takes just like Dr. Armstrong accused those of us calling in of spreading dangerous misinformation. While he has never had a public square debate with any of us or any of the medical professionals, Dr. Malone's coming in town maybe he can come and show up at this public debate. This is chilling. We live officially in a police state And blackface Trudeau up north already reigned in a full-blown police state.

And I just wanted to bring up that freedom of speech is still open to rigorous debates, contradicting government narratives.

UnidentifiedClerk of the BoardProposed · by role14:40 · ≈ 9:14 AM

Thank you. We will now go to Tom Becker and we will return to the Santa Barbara Hearing Room for Scott Wentz, who is our final speaker. And I would just like to remind members of the public that we strictly use Zoom for general public comment on general or an item on our agenda. So if you are just viewing the meeting, if you can please use the alternative methods that are outlined on page two of our agenda, that would be greatly appreciated. Thank you.

We will now go to Tom Becker.

UnidentifiedUnidentified speaker 6Proposed15:19 · ≈ 9:15 AM

Thank you, can you hear me? Yes loud and clear. Good thank you this comment is not intended for any specific item on today's agenda it's for general a general issue of conduct of the City Council or a Board of Supervisors meeting if a supervisor receives their request from one of their constituents to ask a question during an agenda item of a department, county department.

You should honor that request from your constituent and ask that question that the constituent wants you to ask of that department. And you should compel that county department to give an answer to that question You have to remember, the public has no power to compel any county department to respond to a question. We have no power at all to compel a response but you do.

The Board of Supervisors have tremendous power to compel department heads and county employees answer questions during agenda items on specific agenda issues Now, I just sent a request to my supervisor, Supervisor Hartman, to ask questions of an issue today during an agenda item. And I'm going to request that she asks those questions word for word as I put them and compel the response from that department that I'm asking the question of.

The 4th District Supervisor Nelson Received a request from one of his constituents to ask a specific question today during one of the agenda items of a department, county department. Mr. Nelson should honor the request of his constituent and ask that question word for word as his constituent intended and compel the response from that department in that county department That's your job, you're supposed to represent us.

And one of the ways that you represent us is that when we have a question of a department, a county department and we give that question to you in writing and ask you to ask that question and get a response, you should be doing that instead of ignoring the questions. So anyway thank you very much I think you kind of get the message of what I'm saying. Honor the request from your constituents And ask the questions they want asked and compel a response from the department, the county department that your that question is posed to. Thank you.

ElectedBob NelsonSupervisor, District 4Proposedvoiceprint 0.9618:17 · ≈ 9:18 AM

Thank you Mr Becker and if you are able to attend that agenda item and participate in comment then that would also be helpful.

0:18 – 0:3016 turns

UnidentifiedClerk of the BoardProposed · by role18:27 · ≈ 9:18 AM

Madam Clerk, Chair Hartman and members of the board. We will now go to our final request to speak on general public comment and that is here in the Santa Barbara hearing room for Scott Wentz. Scott?

CommentScott WentzProposed18:39 · ≈ 9:18 AM

Madam Chair, members of the board, Scott Wentz representing Cars are Basic. This request that we're going to place before you has been a request that we've asked the county to implement for the last five years. And unless there's been a change, there hasn't been no implementation. The force multiplier of the use of drones, which is now a mature technology should be used in the County of Santa Barbara particularly with lifeguards and beach patrols. You don't have enough lifeguards basically to handle all of the beach locations. I used to be a lifeguard. I understand the issue.

And to have this force multiplier, to be able to fly out a flotation device or reach someplace that's on a point where the lifeguard can't get to immediately would be a huge benefit to the county. Like I said we've been asking for this for five years and basically we've been ignored. So not only that but to implement this technology which like I said is a mature technology It's being used down in L.A., has been used for over 10 years with their lifeguards.

Would also benefit fire and emergency response personnel if they have to use that technology, and they have to call on it from another department. Thank you.

ElectedBob NelsonSupervisor, District 4Proposedvoiceprint 0.9620:07 · ≈ 9:20 AM

Thank you for this suggestion. And

UnidentifiedClerk of the BoardProposed · by role20:10 · ≈ 9:20 AM

that concludes public comment.

ElectedBob NelsonSupervisor, District 4Proposedvoiceprint 0.9620:12 · ≈ 9:20 AM

All right. Turning to departmental item number one. Ms. Alexander would you read that into the record please?

UnidentifiedClerk of the BoardProposed · by role20:24 · ≈ 9:20 AM

Chair Hartman and members of the board, departmental item number one is from the county executive office. It is a hearing to appoint two members of the Board of Supervisors to the local agency formation commission for a term of office from March 1st 2022 through March 1st 2026. One appointment is to the regular member position and one appointment is to the alternate member position And I will be providing a brief presentation of the item before the board today.

As seen in attachment A of the staff report, the clerk of the board received a letter on January 12th 2022 from Mike Prater, executive officer of the Santa Barbara County Local Agency Formation Commission also known as LAFCO. Requesting that the Board of Supervisors appoint two members of the board to four-year terms from March 1st, 2022 through March 1st 2026.

To provide a brief summary of the LAFCO membership, LAFCO is composed of two county supervisors, two members of city councils, two directors of independent special districts and one member of the public. There is an alternate member in each category to vote in place of absent or disqualified members in that category. And county members are appointed to four-year terms and serve at the pleasure of the board.

As the Board will recall, on April 10th 2018, 5th District Supervisor Steve Lavagnino was appointed as a regular member and 1st District Supervisor Doss Williams was appointed to the alternate member position. Both terms will expire on March 1st 2022. At the January 11th, 2022 Board of Supervisors meeting, Supervisor Lavinino indicated that as a result of the new Santa Barbara County District boundaries, the position of regular member may be more appropriate for Supervisor Nelson who now represents an area of the county that is expected to have more LAFCO related issues concerning jurisdictional change.

The board is being asked to reappoint or appoint one member of the Board of Supervisors to a regular member position for four-year term and one alternate member position for a four year term. Both terms will end on March 1st, 2026. Chair Hartman and members of the board that concludes my brief presentation and staff is available for questions I will now turn it over to the board for further discussion thank

ElectedBob NelsonSupervisor, District 4Proposedvoiceprint 0.9622:34 · ≈ 9:22 AM

you. Thank You Supervisor Williams your light is on

UnidentifiedUnidentified speaker 4Proposed22:38 · ≈ 9:22 AM

well I really hate to engender especially belatedly any conflict on the board but I wasn't sort of expecting in and obviously because Brown Act we don't Coordinate ahead of time on meetings with more than one other colleague. And upon reflection, I've been now on LAFCO as the alternate for almost two years. I've only been able to vote on two items in that time because Supervisor Lavenino and Supervisor Hartman are great about being there every time.

So basically, I only get a vote in when one of them's a tad late or has to bump into another meeting And so I just, um, I would like to be able to fulfill that responsibility and its fullness for at least some amount of time. I'm not tied to serving out the whole term. I understand completely you know why a representative from ORCOT would want to have a voice there.

Encourage maybe Bob to be the alternate and you know, I in into maybe that I would Consult with you on orchid issues as a matter of course So that you know we could we could better coordinate and better do work together

ElectedBob NelsonSupervisor, District 4Proposedvoiceprint 0.9624:17 · ≈ 9:24 AM

supervisor Lavinia. I

ElectedSteve LavagninoSupervisor, District 5Proposedvoiceprint 0.8124:19 · ≈ 9:24 AM

Thank you, Madam Chair. Well one of the things that I was able to do with Supervisor Hartman I believe is when you were the alternate was when an item came up that had to do with sending as I step you can just step down from the dais and let the other person I don't know if that's a way to make this work. The reason why I left, actually, I was happy on LAFCO. I enjoyed the work but because I thought Bob needed a vote on ORCID issues that is why I stepped down.

But I think that might be a workable solution. I would like to hear from Supervisor Nielsen as

UnidentifiedUnidentified speaker 7Proposed24:54 · ≈ 9:24 AM

well. Thank you Chair Hartman and supervisors. The annexations over the next coming years and actually an application went in for an annexation just this week from the City of Santa Maria potentially annexing large parts Thank you. As all of you guys know, I'm kind of a nerd when it comes to some of this stuff. And so as much as I love to work with you and try to push everything that I have in my head into you to represent for us, I think it's really important to my constituency to serve as that regular member.

Ideally, I like to see things... Change in the Santa Maria Valley in an orderly way, but right now it's kind of a hot time. There's there's a lot of annexations on the horizon and some of them that aren't good for the county and not for our valley potentially if they're not done the right way. And so that's the reason why I want to be the regular member So that's why the reason I'm wrestling with this. I'd be glad to step down when it came to issues in the South County for another member to step up, but I think especially with items in the Santa Maria Valley, I do have a good understanding of some of the Lompoc conflicts. Supervisor Adam and Supervisor Farr had negotiated some of those exchange agreements with the City of Lompoc on their last annexation, so I have some history in place.

While I usually defer, I still would like to be the regular member.

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ElectedBob NelsonSupervisor, District 4Proposedvoiceprint 0.9626:53 · ≈ 9:26 AM

So I'll chime in just a moment because I do serve on LAFCO and I think that the practice has been that the alternate on LAFCO whether it be the public member or some other for the special districts or for city or county, the alternate usually moves into the regular position. Alternates usually attend the meetings. They always have the opportunity to speak and I spoke a lot, I have to admit as an alternate And as I mentioned, Supervisor Lavanito mentioned he would step aside and allow me to vote on issues having to do with the district that I represented. So it really is a collaborative. I hear you. I just think that we have a practice in place And I'm not sure that we should disturb that practice because it's kept expectations for us and also for other LAFCO that if you do your diligence as an alternate, you have the expectation that you'll move up.

That is kind of the LAFCO way of doing things. So Supervisor Williams?

UnidentifiedUnidentified speaker 4Proposed28:14 · ≈ 9:28 AM

Yeah, I understand your position and I respect if we have different votes but I would definitely as a concession to what I think is really important. I would very much consider stepping down in cases of this emerging conflicts in the Santa Maria Valley. But, I definitely still yearn for some of that participation. to do with our other largest unincorporated area.

It is one of the real big reasons that I would love to stay engaged as a voting

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UnidentifiedUnidentified speaker 7Proposed29:07 · ≈ 9:29 AM

member. Well, Chair Hartman, you know, I think we've done a good job as a board over the last You know, 14 months with these types of things. I'm willing to accept the alternate position understanding where I see a commitment from my hopefully my two teammates on LAFCO. And so you know, I think everybody understands where I'm coming from on it. My hope to be able to have that ability to robustly discuss the issues at hand. My concern has been and maybe County Council can help alleviate this for me is The alternate needed to maybe be silent there, and maybe I'm misunderstanding that because of the Brown Act. And so that might be something that can help alleviate my concern. Because I just want to be a part of the discussion. I think that there's good policy decisions that need to be made that need to have the history and the understanding in the community at hand.

And I want to make sure that is not lost at LAFCO. You know, Supervisor Laudanino has done a great job on that for quite some time. I think we definitely need to still have a voice in the Santa Maria Valley on LAFCO representing this board.

ElectedBob NelsonSupervisor, District 4Proposedvoiceprint 0.9630:24 · ≈ 9:30 AM

Yes, and I would mention that we have city representatives and we have a representative from Santa Maria and from Goleta currently serving. But if you are so gracious, you have my pledge to support your speaking on behalf of Santa Maria Valley. Supervisor

UnidentifiedUnidentified speaker 4Proposed30:48 · ≈ 9:30 AM

Hartman and myself have chimed in as alternates many times. I try to restrict it a little bit but we've never gotten busted so you know.

0:31 – 0:5418 turns

UnidentifiedUnidentified speaker 8Proposed31:06 · ≈ 9:31 AM

Madam Chair and members of the board, we are not actually counsel for LAFCO anymore. But I'm happy to look at just the issues regarding what constitutes a quorum for LAFCO because that would really be the issue and it sounds like with the additional representatives from the city that it's probably okay but we can just take a look at that for you.

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UnidentifiedUnidentified speaker 7Proposed31:28 · ≈ 9:31 AM

Well I think we have some workarounds if it's not with my colleagues so I think we can go ahead

ElectedBob NelsonSupervisor, District 4Proposedvoiceprint 0.9631:37 · ≈ 9:31 AM

All right, well once again very gracious Supervisor Nelson. I need a motion. I will make the motion that we have Supervisor Williams appointed as the regular member he will no longer be the alternate and that we appoint Supervisor Nelson as the alternate and the terms once again Madam Clerk

UnidentifiedClerk of the BoardProposed · by role32:06 · ≈ 9:32 AM

Yes chair Hartman and members of the board that would be for four year terms for March from beginning March 1st 2022 through March 1st 2026.

ElectedBob NelsonSupervisor, District 4Proposedvoiceprint 0.9632:15 · ≈ 9:32 AM

Thank you and may I have a second?

UnidentifiedUnidentified speaker 1Proposed32:16 · ≈ 9:32 AM

Second.

ElectedBob NelsonSupervisor, District 4Proposedvoiceprint 0.9632:18 · ≈ 9:32 AM

And all in favor say aye. Aye. Any opposed? All right. Turning then to Madam Clerk, do you think we need a break or do you think we should just keep going?

UnidentifiedClerk of the BoardProposed · by role32:35 · ≈ 9:32 AM

Chair Hartman and members of the board perhaps we can continue on with our agenda since we are earlier than

ElectedBob NelsonSupervisor, District 4Proposedvoiceprint 0.9632:40 · ≈ 9:32 AM

expected. We changed the order so we're turning to departmental item number four. Madam Clerk would you please read that into the record.

UnidentifiedClerk of the BoardProposed · by role32:51 · ≈ 9:32 AM

Thank you Chair Hartman and members of the board. Departmental item number four is brought to you by the Community Services Department. It is a hearing to consider recommendations regarding the Countywide Recreation Master Plan update, Consulting Service Agreement Amendment with Wood Environment and Infrastructure Solutions Inc for the Countywide Recreation Master Plan. And there is a fourth this vote required on this item.

ElectedBob NelsonSupervisor, District 4Proposedvoiceprint 0.9633:14 · ≈ 9:33 AM

Thank you and Mr. Chapchin.

UnidentifiedUnidentified speaker 9Proposed33:17 · ≈ 9:33 AM

Good morning Chair Hartman, members of the Board. This morning Community Services will provide the board with a status report on our countywide recreation master plan which your board funded back in May of 2019. The work already done and further work that needs to happen We'll ask for a contract amendment with the consultants to continue the work of the master plan, enhance the outreach to minority communities and we'll propose an innovative approach to streamlining a process for private landowners who are interested in providing recreational amenities on their properties that will also have a public benefit. We're also asking for funding for this process. I want to thank the Planning Department and County Council for being open to this proposed process and working with us on the details and outline of how this process could work With that, I'll turn this over to Jeff Lindgren who's been working on our master plan for the last two years.

Our Deputy Director of Parks, Jeff Lindgren.

ElectedBob NelsonSupervisor, District 4Proposedvoiceprint 0.9634:14 · ≈ 9:34 AM

Go ahead Mr. Lindgren

UnidentifiedUnidentified speaker 10Proposed34:16 · ≈ 9:34 AM

Good morning Chair Hartman and good morning Supervisors. Can you hear me okay through my mask?

ElectedBob NelsonSupervisor, District 4Proposedvoiceprint 0.9634:21 · ≈ 9:34 AM

Yes indeed.

UnidentifiedUnidentified speaker 10Proposed34:24 · ≈ 9:34 AM

Well, good morning. We are pleased to present the Countywide Recreation Master Plan today with leadership from your board and our director Mr. George Chapjian. We've been able to begin development of a program to create a strategic approach to improving parks trails and recreation facilities countywide as we launch into this I would just like to acknowledge a few individuals who were helpful in getting us to this point Erika Leachman is our project manager from WOOD, our consultant team and she will be joining us in this presentation remotely.

And then their staff at WOOD, Gina Sawaya and Taylor Lane have both worked very diligently on helping to draft the sections of the recreation master plan that we have so far We've been working in the community extensively on community outreach efforts, pop-up events, workshops in the community. Been a very big help to us thus far. Director Lisa Plowman with Planning and Development and Assistant Director Jeff Wilson.

And then I can't forget Planning Commissioner John Park who has been Rigorously out in the community working with folks across the county in various capacities from agricultural Excuse me agriculturalists to equestrians Farmers and lots of folks in various occupations. So thank you to all those folks who have helped us so far I'd like to Just quickly walk through the recommended actions as a framework for how we'll engage in this discussion today.

Very quickly, we're asking your board to receive and file a report on the status of the recreation master plan. What we hope you will get today is kind of a glimpse into the demographic analysis, the comprehensive facility inventory that's been prepared. The public outreach program that has been underway throughout COVID following protocols and the analysis of the recreational planning framework in our county Then we will be asking your board to provide us with some direction regarding expansion of our scope of work on the recreation master plan.

And what that will primarily entail is getting direction from you on making some amendments to the county's comprehensive plan, zoning ordinance and likely community plans so that we can see some real changes in how we plan for and are able to develop recreational facilities across the county. And this is a county-wide plan. The changes here that we're talking about should be able to benefit both cities as well as unincorporated county areas.

To complete this work, we need to request funding from your board. We are asking for $490,000. $40,000 would be equity set-aside funding and 450,000 of that would come from the parks trails and open space funding During the budget deliberations this year. A good portion of that money would go to the public outreach regarding these amendments to the zoning ordinance and comp plan planning for them drafting of those amendments processing and environmental review of those amendments CSD Community Services would act as the applicant submitting a set of amendments to the Planning and Development Department.

The next request would be to approve a budget revision, this is necessary to adjust our appropriations for the remainder of this fiscal year in an amount of $120,000. We would ask that your board approve a contract amendment with wood in the amount of $400,506. This is distinct from the budget request so although the numbers are close please don't get them confused this is a contract amendment of which some of the money from the funding request would be used but some of that funding would come from previously approved projects Uh grant funded projects and it'll be used for additional public outreach and environmental review for the master plan process.

And then finally, we ask your board determine the recommended actions are exempt from CEQA under 15262 and And now that we've completed some of this administrative part of the discussion, we would like to jump to Erica Leachman who is with Wood Environmental and is available remotely to give us an overview of the Recreation Master Plan and the work we've done to date. And some of the implications that we're seeing from the information were finding.

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ElectedBob NelsonSupervisor, District 4Proposedvoiceprint 0.9640:20 · ≈ 9:40 AM

Ms. Leachman?

UnidentifiedUnidentified speaker 11Proposed40:22 · ≈ 9:40 AM

Thank you so much Mr. Lindgren Thank you, Chair Hartman and to all the board for the opportunity to be here today. To talk about this project bring you up to speed with the work that the recreation master plan team has completed today and also introduce what's coming up some of the more exciting and more arguably fun parts of the project are on the horizon associated with planning for the future of recreation countywide.

Recreation is essential it's an essential part of our communities Access to recreation is an absolutely essential part of a sustainable community. Allowing residents and visitors access to parks and trails fosters community, it fosters friendship. Physical activity is a key aspect of sustainable communities allowing people to exercise and play and get outdoors and connect with nature and parks playing a critical role in that. Recreation supports the local economy from a variety of sources, from real estate values to ecotourism to business and jobs.

Schools sports leagues and special events and lastly recreation is an inherent part of environmental conservation conserving land. In the interest of both public access, but also recreational or natural resource conservation. And so with understanding those incredible benefits of recreation that's been a backbone for this project since the beginning from the original inception of the idea that this could be possible for Santa Barbara County.

The main goal for this project is to provide us a strategic planning program To improve parks and trails and recreation facilities throughout the whole county. Partnering with our cities, with our recreation districts, and then looking critically at the unincorporated areas as well to understand how recreation is provided, where communities are underserved, where improvements are needed, and addressing that comprehensively so we have a vision and a program to guide acquisition expansion and improvements into the future.

Diving into a few of the key objectives of the Master Plan. So how are we going to do this? This is a big goal. First of all, the Master Plan is intended to foster multi-agency cooperation. What's true about recreation is that you don't just stay in your city or your neighborhood or your jurisdiction when you go out to play. You go where the parks are, you go where the trails are. And a lot of times those may exist in neighboring communities, they may exist regionally or they may be in your backyard. But the importance of this project is to foster multi-agency cooperation to break down those barriers and understand how people use recreation more so than how recreation's provided based on boundaries.

As a result, a key goal and a key outcome of the project is to create a unified countywide, we're calling it a rec print Something that can be mapped so we can look visually and understand geographically how recreation is provided both in the existing setting right now, and then ultimately what would be planned in the future to create a connected and interconnected recreational footprint in the county accounting for parks, recreation trails, and the facilities that connect us to those things within the county.

One important aspect and one important task associated with the project is identifying recreation needs Also, the key organizations that meet those needs and any priority projects as a master plan as a tool for recreation planning. It gives the county and the participating jurisdictions The ability to identify key projects that could be implemented in the near term, priority improvements that would be included as part of the project. Those measures would then turn into recreational planning for the whole region and foster efficient improvements to Recreation County-wide.

One other benefit of using a master plan is a tool for recreation planning is the ability to identify and target specific funding so local funding sources certainly but more importantly grant funding from outside sources from the state and other agencies And then lastly, a key objective is exploring collaborative approaches that increase the competitiveness for that funding in Santa Barbara County.

As an anecdote, being a recreation provider and going after funding for specific improvement on your own and making the case But if you have the support and show how that improvement fits into an overall strategy for a region, it gives the grantors more confidence that project is worthwhile and worth supporting to support the overall vision for the community.

So let's talk about steps towards the master plan and in doing so, talk a little bit about what what the team has completed to date and what's coming up. We're about we're about at midpoint in the project right now. So it's a perfect place to provide an update and talk about what's coming up as part of the Recreation Master Plan outreach has been A key component since day one, not only interagency coordination which is a critical component of this but outreach to in a grassroots fashion to the communities within the county. I'm looking, you know, communicating directly with our cities with our stakeholders and recreation providers. And then directly with community members through workshops and pop up events in the park. We'll talk a little bit more about that a little later in the presentation what that's looked like conducting a robust survey.

And then most importantly on a topic we'd like to cover today is approaches to reaching harder to reach communities within the county. So outreach casting the net wide to get input and opinions about what is needed, what is missing, what is great about recreation in the county has been a key part. Another key aspect and a step toward recreation master plan is analyzing the inventory. So actually understanding the physical setting for recreation in the county.

In this case we've defined recreation planning areas and evaluated the existing public parks and open spaces as well as trails and private recreation facilities Such as the YMCA, for example. Throughout the entire county aiming to get a good understanding of how much space we have what types of space we have what amenities are provided and in a way that can be geographically depicted so and ultimately related back to the demographic characteristics of a county and giving us indicators for what's needed where Our next step, and this is really exciting especially for the planning team to be at a point where we're assessing recreation needs is very, very exciting. Assessing the types of facilities, the quantity of facilities, the acreage, adequacy of acreage and where those facilities exist within different communities is an equation, a very flexible equation that our teams embarking on right now.

Later in the presentation will talk a little bit about some preliminary data in that assessment That gives us a bit of a guidebook on where to go next. We're also considering the survey input that we received from the community, considering economic trends and then also factoring in what we've learned from the pandemic. And we'll also talk about that a little later.

Ultimately, the master plan is a long term plan 20-30 years something that sets up the county in terms of long term and near term projects and charts a course forward for those It's also very flexible. It's a document that can be amended, adjusted over time as new opportunities arise so a long-term program that is also accessible and flexible over time. The plan is hoping to address the general plan and zoning amendments to help foster its implementation and then also identifying both public and potentially private recreation benefit projects addressed in terms of criteria and opportunities for those types of projects to help reinforce and expand the public recreation inventory in the county. And lastly, a master plan addresses funding as I discussed.

One last step in the master plan is environmental review. In California under the California Environmental Equality Act this project would be a robust project and subject to environmental review so Taking this as an opportunity to analyze the whole of the project programmatically allows us to look at the whole of the project and pave the way for the projects that are included in the master plan. It's extremely beneficial to prepare a program document that provides that environmental review for smaller projects that could be tiered off of or employed at a later point during implementation, so that's included as part of this project who are present and understand that scope. I just wanted to remind everybody that this project does include the preparation of the environmental impact report.

Great, so as we mentioned this is a multi-jurisdictional project an unprecedented multi-juristictional project never before has the county undertaken a recreation project I want to start by saying thank you for the opportunity to be here today. We are a steering committee that looks at recreation, not just in the unincorporated area but looking at the whole of the county, the role the cities play, the role our recreational districts play and involving those stakeholders in the overall process to the benefit of all.

It's a fantastic group and has been with us since the beginning of the project, will be with us till the very end to help guide and steer the project forward as far as opportunities and improvements. The needs assessment is cross-jurisdictional so assessing needs regionally helps us understand precisely where in the county needs are unmet and helps us target particular improvements and coordinate with local agencies to fill in those gaps.

The recreational projects that will be identified in the Recreation Master Plan are both in the unincorporated area and the incorporated areas, and include near-term and calling them wish list projects. Things that would be great if we could do it. We don't know how, we don't know where but we know we need it and we want to put that on the checklist of things to do over the long term given the duration of this plan.

The one major benefit to the participants in this plan is the foundation for grant funding and grant assistance. By having the master plan as a backbone and a document that can be pointed to in funding pursuits, that gives the projects and the recipient of the information needed to win grants successfully. And ultimately with implementation of the plan we all share in the economic benefits of recreation improvements. Recreation is, as I said, essential And any improvement, be it in the cities or in the county is going to serve and improve the region from an economic perspective.

Let's come back also to the EIR by preparing a program EIR this takes the burden of environmental review off the project-by-project basis and makes it an umbrella program that can benefit all components that are included in the master plan. So by comprehensively addressing recreation improvements countywide, we can cover substantial CEQA costs that would otherwise be covered on a project-by-project basis. The benefit of preparing it this way is that individual recreation projects in the future could tear off the environmental review. In some cases, the environmental review could fully address the near term projects so that with approval of the project, individual components could be implemented right away.

And programmatic assessment of longer term or, you know, wish list projects would benefit those projects in the long run when the time is right. This approach helps with efficient implementation of the projects and helps cover the CEQA requirements for grant funding as a grant writer and former planner it's always a hard pill to swallow to realize that most grant programs don't cover environmental review We'll cover planning, we'll cover construction but that environmental review component is a hard part of the process to cover cost-wise. So a real benefit of conducting the project this way involves covering the costs for individual components.

Great, and so granted we're about midway through the project but thinking ahead a little bit to the types of projects that we anticipate being included in the master plan. Three of them we know for sure are number one we're looking at the Halama Beach improvements including a campground expansion and a formalization of a coastal trail and access point that is currently funded and proposed to be included as part of this program developed as a near-term project studies, part of the EIR and one of the near-term projects in early implementation.

Our team is also proposing to look at the Point Sal Trail system and coastal access to an existing public beach that has trouble getting there. So that's the main goal there is to look at how we can improve trail access to dramatically expand coastal access in the North County And lastly, the Guadalupe area new public campground study investigating the potential for a new site and an opportunity for a low cost overnight accommodation in Guadalupe in the Guadeloupe area.

Other examples that are currently unfunded including include looking at the long term reuse of Gabriela Marine Terminal Potential Campground in Barone Ranch And then also, and this is something we're working with the cities and our districts right now about is looking at capital projects in their jurisdictions specifically. Wrapping those into our program to be able to help foster implementation of local capital improvement programs.

Sorry about the phone, I apologize.

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0:55 – 1:288 turns

ElectedBob NelsonSupervisor, District 4Proposedvoiceprint 0.9655:14 · ≈ 9:55 AM

Sleechman, are you still there? I

UnidentifiedUnidentified speaker 11Proposed55:17 · ≈ 9:55 AM

am. Apologies Chair the presentation has froze for me.

ElectedBob NelsonSupervisor, District 4Proposedvoiceprint 0.9655:21 · ≈ 9:55 AM

We're now it's fine here we're on figure two the recreation planning areas. Okay. The map

UnidentifiedUnidentified speaker 11Proposed55:32 · ≈ 9:55 AM

Great, okay. I have it locally so i'll keep up and hopefully it'll catch up with me thank you. Okay so let's talk a little bit about the approach and the methodology employed in the plan as I mentioned the um the recreation uh doesn't care about borders you know where you go to play to exercise to do sports is really more dependent on your region and since we're looking at recreation across jurisdictionally We wanted to understand recreation in terms of recreation planning areas or the regions where most people within that region are served by recreation.

So when you look at this map, there's a couple unique features number one we have Vandenberg space for space. We also have Los Padres National Forest which are unique providers they do have recreational value and they're unique from the county and city resources that are provided elsewhere. So when we're looking at the planning areas where we are going to be focusing our efforts There's five. Number one, Kiyama Valley. Number two, Santa Maria Valley. Number three, San Ynez Valley. Number four, Lompoc Valley and last but not least, South Coast. This doesn't indicate that folks are limited to these areas. There's plenty of times where I find myself in the Santa Maria Valley to go hiking or heading up to Santa Maria.

But the idea is that on your day-to-day basis when you're seeking recreation, that you're going to find those services within these service areas All right, so let's and then so based on that framework the geographies that we're looking at there several. I would call them indicators that have been investigated to help us understand where needs are and what recreation planning needs to be undertaken?

The first category is demographics, doing a robust and detailed assessment of countywide demographics. And looking for indicators that give us a clue about recreation planning including total population and projected growth, the age of our communities, median household income, and then other features such as amount of money spent on recreation annually

ElectedBob NelsonSupervisor, District 4Proposedvoiceprint 0.9657:47 · ≈ 9:57 AM

Um average household size. I want to interrupt you for just a moment. It turns out that the presentation is frozen. Okay, so it's we want to make sure that people who are watching remotely can follow the visual with your presentation and it appears that that's now corrected. So please go on.

UnidentifiedUnidentified speaker 11Proposed58:15 · ≈ 9:58 AM

For Mr. Lindgren, we can go to the slide on demographics. Great, thank you. Terrific! So as I was describing there are several demographic indicators that matter for recreation planning including population and growth, the age of communities considering the composition of seniors versus children versus parents and also median household income, race ethnicity, average household size amount of money spent annually on recreation.

And then other factors such as community health and disadvantaged communities, which is a specific term in a specific categorization that we need to understand because of what it indicates for how folks are served by public facilities but then also how folks can or cannot participate in the planning processes that may serve them. So if we go to our next slide, this map depicts the locations of disadvantaged communities throughout Santa Barbara. It's a formal designation from the state of California and the main takeaway here is that they are everywhere. That pockets of disadvantaged communities exist within all of our urban spaces And that even in a community that's otherwise quite engaged, there are pockets of neighborhoods or communities that are underserved, disadvantaged in terms of economics, environmental issues and then also the ability to participate in programs just like this.

So when we bring up this map I think that's the main observation is that the folks that may not be able to participate in this important project I'm going to turn it back over to you, Barbara. Inventory of all the park land, all of the joint use school properties. The pseudo private facilities such as Ealing's or the YMCA's to try and understand what we have right now. What is serving the community in terms of park type, the total acreage and the range of amenities that serve the community right now?

Trends that we're tracking include the level of service that's provided, the overall quality, the total and number of amenities. And then considering things such as access, is it equitable? Is it available to folks? Can you get there via sidewalk? Can you get there via car? Can either be a bus? And then also considering emerging trends and that dovetails well with our needs assessment which will describe in just a few slides.

So looking into this data a little bit, we wanted to share some of the results. You know once we have an inventory prepared, we can start to analyze it and understand that in terms of the numbers and how you cut the cake so to speak can indicate very different things in very different areas. So while we haven't completed the needs assessment yet, we wanted to share with the board and the public today some initial results that we have that we find interesting and are good indicators for how we're going to go forth with So first of all, looking at the whole of the county. If we look at all the park land in the county and by category and location, we see some interesting things and some things that may be expected and some things that are quite surprising.

First of all on the left hand side of the screen when we're looking at just local parks and regional parks, so neighborhood community regional parks you can see the distribution across the planning areas from the South Coast to San Ynez Santa Maria One thing that could be surprising is that the Santa Ynez Valley has so much parkland relative to the other planning areas. And this is largely because of Kachuma Lake. Kachuma Lake is a large property, it has a lot of open space but a small portion of that property is actually providing recreational value. So improved with active recreational amenities. The disc golf course for example or the pool or the playground So when we're just looking at the acreage, you can see how the results look and how things are distributed just purely on acreage.

On the right hand side of the screen when we look at the category of open space so maybe not program specifically for active recreation or sports or playgrounds etc but open space that is accessible to the public via trail or otherwise. You can see that the distribution is pretty strongly leaning towards the South Coast so most of the acreage for open spaces it was located within the South Coast planning area Followed closely by Lompoc Valley, and that's largely associated with the mission space in Lompoc Valley for La Prisma.

So let's go to some more results. If we start to look at it a little bit more refined so looking at neighborhood serving parks specifically versus regional serving parks, specifically. So neighborhood serving meaning your local park where you can take your kids and go for a run really quick or go walk the dog. That's the type of park that the chart on the left represents. And you can see that there are some differences. The amount of neighborhood-serving parks is pretty high relative to the other areas in the South Coast and lower in other areas. When we look at regional serving parks, we see a result similar to what we saw on the last slide where Santa Ynez Valley has a very high proportion of the regional serving parks largely associated with the acreage from Lake Kachuma.

So let's dive down even a little bit further so looking at some of these definitions a little bit more. When we take the category of active and developed parklands, so just our little parks, our neighborhood parks I want to start by talking a little bit about what we're doing in terms of our regional parks and then our community parks. When we talk about active and developed parks, we can look at the countywide area. This is a chart representing just the unincorporated area.

And wanting to try to get some ratios worked out. For park planning one important One thing to note is that there is no standard. There's no standard for amount of parkland per 1,000 people. There's nothing adopted or anything recommended from the National Recreation Parks Association example. What the NRPA does say is that use it as indicators. You look for benchmarks, look for metrics that are based on your local conditions and can help you understand what your needs are. So when we're looking at some of these results, we need to think about how does this compare to other counties? How does this compare to our own county?

So for example, when we look at unincorporated areas and look only at active and developed parks, so community parks, neighborhood parks or pocket parks. The ratio of parkland per thousand residents is relatively high in other counties that are similarly sized to the County Santa Barbara. Usually you're seeing between It's a pretty wide range depending on the setting. So not too bad, but when we dive down to the category of just neighborhood serving parks, how much acreage of those improved parks that folks use every day?

The ratio goes way down, down to 3.8 and that's just for the uncorporated area. Let's look at some of the planning areas and how they might compare to one another. Jumping to Santa Maria Valley for example, when we look just at active and developed parks The ratio is actually quite low, quite small 4.5 per acres of parkland per thousand residents and that's for the area wide not just the city or not just Orchid or you know the whole area when we look at just neighborhood serving parks the ratio goes way down to 0.8.

Let's jump now to the south coast for comparison Santa Maria Valley and South Coast are both our most populated regions in the county. So looking at these two side-by-side is indicative, and they're actually quite similar in terms of active and developed parks. The ratio in the South Coast is about five and about one if we just look at neighborhood serving parks. Let's jump up to Santa Ynez and some interesting results here as well. In Santa Ynez, the population is quite low relative to Santa Maria or the South Coast. And so you're seeing that in some of the results The active and developed parks, including the active portion of Kachuma, not the whole acreage but just the parkland area results in about 15.7 acres per thousand residents. But again when we get down to the neighborhood serving park type, the ratio drops way down.

Jumping to Lompoc similarly you know a pretty robust population kind of moderate compared to the other areas We have about 7.0 acres of parkland per thousand residents in terms of active and developed parks, and only 1.8 acres per thousand residents for neighborhood-serving parks. And last but not least in Cuyama. Cuyama has a very interesting result. Cuyama has a very small population, about 600 people, and just one park.

Oh Jeff I think it froze again. Do we have Cuyama pulled up?

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ElectedBob NelsonSupervisor, District 4Proposedvoiceprint 0.961:08:04 · ≈ 10:08 AM

Yes, Kiyama was up but you're not seeing it.

UnidentifiedUnidentified speaker 11Proposed1:08:11 · ≈ 10:08 AM

There it is. Okay. Thank you Chair Hartman. It's up now thank you. So what you're seeing here is that the Kiyama Valley has one park. It''s a 16 acre park, it's Richardson Park and so that park provides a pretty high parkland ratio per thousand people given the population in the valley. So when we see something like that, the question isn't so much is there adequate acreage? It's how is that park meeting those needs? What's missing? Is it being used adequately? It kind of jumps to that next category of not just is it adequately spaced but is it serving the community and in the right way are we missing things So takeaway here is that you can see a lot of differences between the planning areas when you start to look at the data in different ways.

Also, we have a couple examples just to demonstrate that the results from those planning area analyses The city of Santa Barbara has a lot more land than any other city in the state, and that can be distinctive even within the planning area themselves. Especially when you look at the cities where most of the parkland is provided. Where most people live and most of the parkland is provided. So just to present a couple city comparison snapshots looking into two of our larger cities, city of Santa Barbara, city You can also see some distinctions in terms of median household income and the overall household size. Lompoc has a bigger household size and also more children per household than City of Santa Barbara.

So let's do the same thing for two of our smaller cities, City of Solvang and City of Guadalupe. Similar sized cities but some dramatically different results in terms of park area ratios. The City of Solvang having more acres per thousand people than the City of Guadalupe Some distinctive median household incomes, distinctive housing sizes and our age distribution is very different between these two areas. So from a parks planning perspective all of these categories and these results are indicators to the planning team about the types of needs that are there, the types of people that need different types of amenities and overall helps guide us as far as where we put our attention in finding new opportunities for recreation.

Great, so shifting gears a little bit to our public outreach program. Our public outreach program kicked off last year and to back up even further the formal initiation of the outreach program was about two weeks before COVID started And, and our original program involved workshops and in person boards. And you know, just just a very different vision for how outreach was going to occur as part of this project. When COVID started it sent our team pivoting and getting creative about how to undertake a public outreach program under these these unique conditions starting in 2020 and going through fall of 2021 so just last fall Um, what we ended up pivoting into was a program that I actually ended up in my opinion being a much more robust and direct program for outreach.

It put our team into parks it put our team at farmers markets and put our team in front of you know at workshops for existing groups We were talking directly to folks who could participate. And the result has been an incredible grassroots effort. Our online survey, which has been launched for about a year now in response to COVID has seen periodic spikes of activity as news of the project has reached new groups, big groups. Just three weeks ago we got 150 more responses from a group that learned about the opportunity shared that information with the group and we got a spike in participation.

We also have a kids survey so in total we have over 5,000 responses giving us robust and specific information as far as what people are seeking in different locations throughout the county. So, in addition to the survey we've also participated and facilitated 28 pop-up events in all different communities throughout the county. You can see a picture on the screen here of one of my colleagues Taylor with the pop up booth set up for day long events in parks where we connected directly with folks told them about the project, invited them to participate in the survey sign up for the email list and stay engaged going forward.

In addition we've conducted 12 workshops and there's one more plan where we're going directly to existing organizations presenting the project and encouraging participation in that way. Great, so as a snapshot of our results you can see this is a depiction of where the results are coming in. So green indicates where we're getting the most responses, red or gray indicating where we're getting the least responses and the main takeaway here is that we're having trouble reaching some of our more hard to reach communities and disadvantaged communities. So you'll see down in Carpinteria Up near Guadalupe, Cuyama to the Western Lompoc Valley.

Those are the areas where we're seeing the least participation in the survey and it's likely because of just barriers. Barriers technologically and also barriers in participation for reaching the events that we've had in the past. So just to explain where that's coming from this is an aspect of the survey data that we're tracking. Looking through some of our preliminary results, granted in the master plan these results will be much more robust. We'll look through all of the categories and responses that we received but here's some of the key takeaways. We asked people how often do you go out for recreation? And we got a pretty wide range. Some folks it's every day sometimes never not as often but for the most part people go out several times a week and that's to be expected in Santa Barbara County with the weather, the climate The culture that we have here, it's encouraging to see how much people seek recreation in the community.

The most popular forms of recreation certainly are hiking and walking, mostly outdoor activities, biking, running, swimming, camping, horseback riding representing our equestrian communities. One surprising result that we got is disc golf which has grown in popularity Over the course of the pandemic as people have discovered new outdoor recreation forms that they didn't seek out formerly, maybe other forms of recreation or elsewhere. But some of these responses are directly informed by changing trends that folks had experienced because of the pandemic. Increased hiking, increased outdoor activities, increased beach walking etc.

We asked people, how could you improve recreation? And not surprisingly we heard a lot of calls for more and better trails. Better access closer to my home somewhere where I can go for a hike and not have to drive so far for it. We also heard some other very specific needs. We heard needs for pools particularly with the heat that we've been experiencing over the course of the drought We heard a call for more water features, places to cool off and play.

More disc golf, we heard that a number of times. And then specific user groups such as equestrian trails, golf courses and more places to camp within the county. When we asked folks what the biggest barriers are to participation one of the main responses was just not enough facilities or The thing that I want to do doesn't exist in my community or I have to drive too far to get to it.

Other barriers include safety and security issues, including how to get there safely on local roads. The overall condition. Other surprising response is not aware that there are offerings in the community. That was kind of a surprising result that ended up pretty high on the list. So some of these barriers are things that are good for us to know so that we can try to address those, particularly access barriers. If it's something where folks can't get to recreation because of access, that's something we'd want to know about Great. And so what, so one of our main takeaways after conducting this robust outreach process over the last year is that where we want to focus our attention now is on hard-to-reach communities and those involve non English speaking households, disadvantaged communities and overall underserved communities in terms of recreation And to do this, our toolbox needs to change a little bit.

The tools that we've employed have been great. We've gotten direct contact with community members, incredible responses in terms of the survey. But the toolbox that we're seeking now is partnerships. So partnering with local organizations including our universities UCSB or Allan Hancock and Santa Maria to use the existing programs that are built into their institutions to help disseminate the information about this project and directly encourage participation from communities that are otherwise not engaged with this process. So, that program is included as part of the staff report today and we'd be happy to talk about it a little bit more but basically it involves two aspects you know direct funding to community organizations the master plan information directly to their constituents and request information, request involvement.

And then a similar approach using a specific internship program through our university partners to engage students in doing that same work. So it's a really exciting program. It's again unprecedented for recreation but time tested Recently, in terms of COVID outreach. So our team being inspired by the successes in reaching out to hard-to-reach communities with COVID information has helped inform this recommendation for how to successfully reach groups from recreation as well.

Terrific. So shifting gears one more time to talk about the recreational needs assessment. So this is, we're right in the thick of this and our next task is looking at what all of this information indicates. Where are we going to focus our time? What improvements are we going to start to work on and plan out? And it's a step-based process. So first of all, we want to assess the recreational level of service by planning area. So considering the park types, the amenities, communities demographics and locations similar to what we presented today Diving into that data to reach conclusions about what it indicates.

We also want to assess the public outreach data to identify recreational needs and incorporate known needs. You know, we're not rewriting, you know, not starting from scratch. We're partnering with our recreation providers in the community including the cities and the recreational districts to understand what known needs are on the books already Understanding our agency capital improvement programs or general plans, our existing PRT maps on park recreation and trail maps of the county.

And then using a combination of these features prepare a quantitative and qualitative assessment of recreational needs and translate those needs into near term and long-term improvements for the recreation master plan and ultimately environmental review. Great. One important need and one important aspect of the project so far was evaluating the recreational planning framework. So as a master plan, this plan has to understand how it fits into the overall regulatory framework that exists currently. It's not an island, it's a planning document that ultimately is an implementation tool for the county's general plan and theoretically city's general plans as well.

So as part of the project, our team has taken a look at that existing recreational framework and we've identified some key takeaways. Some things that are important to share with the board today and important to understand going forward with the master plan. Number one, that the county's land use element includes a section specifically on recreation. It's called the Recreation Section. And the last time it was updated was in 1980 It's aging, it's old. It hasn't been looked at. That being said that the county's 10 community plans each provide refined recreation planning parks, recreation and trail planning for each community which is terrific so though that combination of documents helps gives us some guidebooks about what is envisioned already?

What the needs are even if they're aging in a little bit dated That being said, without the 10 community plans there's a large portion of the unincorporated area that does not have recreational planning for it. The 1980 recreation plan doesn't address recreation planning now and many of the tools that are included in the old general plan are outdated or not relevant anymore One of those tools is the adopted standard. So I mentioned there is no standard for recreation planning.

That being said, the general plan adopts a standard of 4.7 acres per 1000 people which is low relative to the averages that we're seeing in practice so what's identified as a typical average for a county of this size And this population is about 10.6 acres per 1,000 people overall. So when we compare that benchmark with what the adopted standard is in the general plan they don't align very well. What's also true is that 4.7 acres per thousand people was adopted into several community plans not all of them but several of them adopted that as a local standard too and what's also true about that about that standard is that it doesn't give any additional definition as far as type so it's just acreage you know How much acreage do you have, is it enough to serve the population?

Great. It doesn't look at type or location or other factors that can help us understand where needs are. The other aspects that the general plan provides and the comprehensive plan provides is a series of land use designations specifically for recreation as well as a recreation overlay so identifying parcels Within the within the county unincorporated area that could be recreation in the future aren't right now, but should be planned for. When we last check there's only four locations in the county that are designated with the recreation overlay and one of them has been built and that's Richardson Park in Koyama oddly enough.

The other tool that the comprehensive plan adopts is the Parks, Recreation and Trails maps which relate back to the land use plan but are more independent. They identify areas of where existing parkland exists and then also where parkland and trails are proposed. And they've been amended over time by the community plans and other efforts to be the most living document representing trail recreation planning in county.

We also wanted to highlight a couple of the key tools that the county currently has adopted in terms of park acquisition and expansion. And they're not recreation tools, they're residential tools. So as part of residential development in the county, Parkland can be dedicated as part of plan development and the county can also collect development impact fees to acquire Parkland and build parks or improve parks.

These tools are absolutely normal. These are tools that are employed across the country as far as ways to acquire new parkland, but they are limited when you are working in relatively built-out areas. So once a community is no longer growing, there's no latent potential for new development, these tools don't usually get triggered as a key way to acquire new park facilities. So considering that those are two of the key tools that the county has currently, when we're working in built out communities they're a little bit limiting.

So with those observations let's talk a little bit about the proposed amendments and what's being proposed today. Today we don't have a set of proposed amendments but what we do recognize is that amendments are recommended to help support the implementation of this project So specifically targeting amendments to modernize and expand the recreational policy framework in the comprehensive plan, and specifically in the land use element and its recreation section. As it is right now, the recreation section includes five policies for recreation and doesn't look much further beyond those five policies.

In doing so we create a policy framework that is supportive of recreation and ultimately implementation of the Recreation Master Plan as a tool for the general plan implementation The amendments would also look at incorporating and referencing the Recreation Master Plan to ensure that our needs assessment and the planning document can live on its own without the general plan needing to be amended as things are implemented.

And so by keeping them connected, but by referencing we can ensure that the general plan remains fresh and the master plan becomes a tool for implementation. The amendments would also address public recreation projects, as well as private recreational benefit projects. And I want to put that in quotes as a new term that doesn't currently exist in the county but has come up through the outreach that we've conducted and the preliminary planning that we've conducted as well.

And last but not least taking a look at the existing proposed recreation overlay and making it a stronger tool something that is tied back to the policy framework and the goals of the master plan to become a stronger tool in acquiring and identifying recreation projects countywide. Great, so let's return to this concept of a private project with a public recreational benefit. As I mentioned, this concept has come up through outreach where as we've been working on planning for public projects such as expansion of Halama Beach Campground, We heard interest from private property owners who would like to propose a public recreational benefit as part of use or development of a property. As it is right now, this is not something that is currently contemplated in the County Comprehensive Plan or the LUDC.

And so things like new public trails, campgrounds, RV parks, public parks or sports fields or amphitheaters, community gathering spaces are all examples Some of those uses that if proposed as public uses would go hand in hand with a private development project that would have a public benefit. So like I said, this has not been developed fully yet. There's no proposal to do this but given that we have this interest and this opportunity with the master plan to work on this topic and come back with specific recommendations. This is wanting to give you an idea The range of ideas and where we are so far with the definition of this type of program.

Great, so with that overview I wanted to hand it back to Mr Lindgren to talk about specifically the scope of this expansion and how it relates back to some of these topics we've been discussing.

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1:28 – 1:435 turns

UnidentifiedUnidentified speaker 10Proposed1:28:49 · ≈ 10:28 AM

Thank you, Erica. Quite a bit of information there. Maybe I misled you when I said we'll give you a glimpse into what we've been doing in the master plan. A lot of detail was provided but we wanted you to see the work that has gone on so far. So our recommendation be in your staff report is that we expand the scope of the countywide recreation master plan through our outreach process and what we're seeing in the community and when the feedback that we're getting.

We are clearly seeing that there's a desire for a lot of types of recreational opportunities that can't always be delivered precisely well by the public sector. And some of these are, say trails that cross multiple private property boundaries. It's very difficult to acquire a trail easement from various property owners for example. To address this, we are asking that you consider giving us direction to move forward on incorporating a few things into the master plan.

How we would do this is we would conduct some additional public workshops where we would engage with property owners and the public on the types of recreation that they are interested in providing. Currently there may be barriers In the zoning ordinance or in the land use that don't allow those property owners to provide that type of recreation and we want to explore how we might move those barriers and what opportunities there are to make some changes to Policy that would help address those things So we would do that through this workshop process. We would then return to your board with a menu of recreational types that we might be proposing for your board to consider and give us some direction on.

With your board's direction, we would develop drafts to changes in the county zoning ordinance to the comprehensive plan and to community plans where necessary. That information would provide us with the project description we need to begin the programmatic environmental analysis Now what this does for private development that is interested in providing recreational types of projects, let's say there's a property where they want to provide a campground.

The zoning ordinance could be changed to allow that use in a zoned district that is not currently allowed, therefore allowing for the campground to move forward which would be a great benefit. In the case where there might be another element to this project like a public trail, that's what we are addressing through creating an incentive program where not only could they build their campground in this case but they would also have an incentive to provide a public trail easement.

So the distinction here is that the campground would probably most likely be a pay-to-use facility that is owned and operated by the private property owner for their benefit, and the public gets to use it for a fee. The trail in this case would be a public trail that would be open and accessible to the public as a public feature or asset or recreational facility.

So, part of this process would include developing some sort of incentive program to assist in encouraging private property owners where they are building a project to dedicate this public benefit component. I hope that's mildly clear. There's a lot to it. And then finally, we would use all of this information to initiate our CEQA document and begin the programmatic EIR. And there are elements of that for the private property owners would also benefit from. The more that a private project matches the CEQAA analysis, the more directly they would be able to proceed with their project without any additional studies but those that I'll be evaluated on a case-by-case basis.

This collection of amendments would be drafted by Wood, our consultant in this process. And then CSD would act as the applicant taking a package of amendments to planning and development for their review and processing of those amendments. And then ultimately the environmental documentation and the amendments would come back to your board. What does this cost?

We are requesting a total of $490,000 for this part of the process. $40,000 of that is for the expanded public outreach to the disadvantaged and hard-to-reach communities that would come from the equity set aside fund. So 450,000 is directly related to this process that I just described where we would be again engaging with property owners in the public in a workshop.

Bringing your board a kind of menu of options for recreation types you'd like to see us consider drafting amendments and conducting expanding our programmatic ER to include those amendments in that programmatic EIR. Breaking down those costs a little bit, 180,000 of that would go to community services. 160,000 roughly would go to our consultant for the drafting and planning and public workshops environmental review of those amendments.

20,000 would stay with community service for filing costs and other associated fees for serving as applicant in this process. And then we have up to 270,000 for planning and development to process amendments. This number comes from their experience in analyzing and processing these types of amendments in the past and is really a placemark here as a ceiling for what this might cost in this process.

As you might guess, since we haven't fully had the workshops or completed the needs assessment, the full scope and range of what the amendments might look like is undetermined yet. So we're really using this number as kind of our upper limit on this process. The funding source, again we are asking for $225,000 from each of the North County set aside and the South County set aside for the parks trails and open space funding that your board designated.

Earlier this year in the fiscal year to fund, fully fund the $450,000 for the scope change. And then the $40,000 that I mentioned earlier which is for the equity fund set aside for the outreach. All right, here we are in the next steps in the recreation master plan. We will continue our community outreach and with your board's direction and funding of that additional disadvantaged community Outreach, we will add that to the ongoing work effort and we expect that our outreach effort would come to a close this summer.

So likely May or so this summer, we would finalize all of our outreach efforts and really be able to compile all that information into the needs assessment. In addition to the needs assessment, which was one of the last big pieces of the master plan itself. We also want to perform an economic analysis of the value of recreation to the county. We know that Santa Barbara County is a big tourism destination. How much of that is to go to our beaches? Go to our campgrounds? Go to our parks?

And then what is the overall dollar value to the county's economy that comes out of Sonoma County did a similar study a few years ago, very enlightening. And we'd like to have that same sort of information available for your board for future decision-making purposes. There will be some recreation planning for specific projects. This may come from assisting the cities.

Some of our cities are smaller, have generally smaller staffs, don't have a lot of resources to do planning on their own and produce projects that can go into the EIR, to the programmatic EIR so there maybe some need to assist them in developing some of those projects Again, the concept here is that recreation benefits everyone in the county not just specific jurisdictions.

The aforementioned comprehensive planning and zoning amendments, we would also be able to incorporate into this schedule. And then the last piece that we haven't really discussed is development of a funding strategy implementation strategy for actually seeing a lot of these projects that were discussing in the Recreation Master Plan go forward. Here's our current schedule.

We are on target for a summer 2022, so this coming summer drafting the recreation master plan. We believe that we can also incorporate the amendments to the zoning and the comp plan that we've discussed into that same So they would all be on the same track with the EIR, which can begin in fall of 2022 and completion of the entire project in approximately a year from now. In the winter of 2022-23. At which point we'll be coming back to your board for adoption of the plan and the EIR.

While we're doing that, you've heard a little bit about the Halama Beach Access Study, the Point Sal study, the Guadalupe Campground site analysis. Those projects are important to us and we are considering those to be near-term projects that we will continue to work on implementation of and get them on the ground as soon as we can. And then finally, the recommendation in your board letter is for a contract amendment for wood. The total value of that is $400,506 and it is to continue to do work in these three categories.

We've spoken about augmenting the public outreach to hard-to-reach and disadvantaged communities We've spoken about the amendments to the zoning ordinance and comp plan, the green box. And then we've also spoken about these three projects that were either grant funded or previously funded by your board so that money just would move from CSD into the contract for wood on those three projects.

And then I just have a summary of the recommendations again that we can reference if we have any questions. At this point, I think that concludes our presentation and we're available for comments and questions.

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ElectedBob NelsonSupervisor, District 4Proposedvoiceprint 0.961:41:47 · ≈ 10:41 AM

Thank you very much Mr. Lindgren and Ms. Leachman. I just wanted to preface this with a short comment and that is This has never been done before in other counties that we could find. And so, we have had experience with something in our county but case law has changed and so it took a lot of work on the part of County Council, on the part of P&D and especially parks to figure out a path that would work We had another path that might have cost the county a lot less money, but it would have perhaps resulted in a lot more headaches. So we've chosen this path which would require more money and now it's up to the board to consider whether that would be worth it. But I really just wanted to thank everyone who worked so hard to pioneer a whole new strategy for how we can really bring plans to the implementation stage and really enjoy their results.

So with that, board questions or comments? Supervisor Williams

UnidentifiedUnidentified speaker 4Proposed1:43:11 · ≈ 10:43 AM

The economic impact analysis, is that included in this? Or is that something you'd come back to us and just break it out. Tell me how much is that going to cost so I can evaluate whether I think it's worth

UnidentifiedUnidentified speaker 10Proposed1:43:29 · ≈ 10:43 AM

Chair Hartman, Supervisor Williams. The economic analysis is in the current scope so that is part of the contract that we already have. I don't have the dollar amount for that line item with me but it is already funded.

UnidentifiedUnidentified speaker 4Proposed1:43:45 · ≈ 10:43 AM

I'd just be curious. It looks like we might have some public comment if you could get that answer afterwards, that would be great.

1:43 – 1:4919 turns

ElectedBob NelsonSupervisor, District 4Proposedvoiceprint 0.961:43:54 · ≈ 10:43 AM

Supervisor Nelson?

UnidentifiedUnidentified speaker 7Proposed1:43:55 · ≈ 10:43 AM

Yes, thank you Chair Hartman. In the end of corporate area where most of our stuff is, we're going through a lot of agricultural lands. How does this tie into the Ag Enterprise Ordinance? It seems like that there would be a nexus there between the recreation side and what planning's doing with that so help me I didn't see it up there. I know that there's potential zoning ordinances that are gonna be involved but we also kind of have another track going on right now with long-range planning and it might be helpful to understand how these things dovetail into each other or they should

UnidentifiedUnidentified speaker 10Proposed1:44:30 · ≈ 10:44 AM

Yes, Chair Harmon, Supervisor Nelson. A couple things here. The work that we're doing is intended to be complementary to the Agricultural Enterprise Ordinance and you might think of it as maybe going a step farther than some of the proposals that are in the Agricultural Enterprise Ordinance at this moment. The definition from the Notice of Preparation for Phase 2 of the Ag Enterprise Ordinance says that they are going to be looking at small-scale incidental uses for ag properties.

What we would be talking about is more directly related to recreation types of projects. So I don't know if a campground on an ag parcel would qualify as a small-scale incidental use, but through our program that would potentially be something we would consider.

ElectedBob NelsonSupervisor, District 4Proposedvoiceprint 0.961:45:40 · ≈ 10:45 AM

Ms. Plowman, would you like to answer that question too? I know you've given a lot of thought to this.

CommentMadam ClerkProposed · by introduction1:45:48 · ≈ 10:45 AM

Madam Chair, Supervisor Nielsen. Yes, so we are in the middle of the development of the Ag Enterprise Ordinance and we are looking at campgrounds small scale campgrounds and lots of other types of uses that will help support agricultural industry and businesses. So we will work closely with CSD to see where there's overlap I think we're doing a lot of this stuff that they're talking about now in that second phase and then there's a third phase in the works that could cover some of the things CSD and Wood would be considering as additional uses that they would want to add.

ElectedBob NelsonSupervisor, District 4Proposedvoiceprint 0.961:46:26 · ≈ 10:46 AM

But

CommentMadam ClerkProposed · by introduction1:46:26 · ≈ 10:46 AM

the

ElectedBob NelsonSupervisor, District 4Proposedvoiceprint 0.961:46:26 · ≈ 10:46 AM

third phase is not funded? Not, correct. Correct, not yet. So some of the material that is developed here maybe can be assimilated into a Phase 3 should we get to that?

CommentMadam ClerkProposed · by introduction1:46:39 · ≈ 10:46 AM

Yes Madam Chair thank you. That's correct.

UnidentifiedUnidentified speaker 7Proposed1:46:41 · ≈ 10:46 AM

Thank you.

ElectedBob NelsonSupervisor, District 4Proposedvoiceprint 0.961:46:46 · ≈ 10:46 AM

Any other questions Supervisor Williams?

UnidentifiedUnidentified speaker 4Proposed1:46:49 · ≈ 10:46 AM

What is the timing on that and which phase is farm stays in? I hate to bring up a sore subject.

CommentMadam ClerkProposed · by introduction1:47:03 · ≈ 10:47 AM

Madam Chair, Supervisor Williams, the farm stays are moving ahead of the Ag Enterprise Ordinance and so we've been in the environmental review process mitigating negative declaration. And so that's moving along. I don't have the schedule right in front of me, but we are just wrapping up the notice of preparation. We did some revisions to it for Ag Enterprise Ordinance. We're gonna start the EIR here shortly and then we'll be coming to the board. So pharmacies will come first and then the Ag Enterprise Ordinance will follow in the next fiscal year.

UnidentifiedUnidentified speaker 4Proposed1:47:43 · ≈ 10:47 AM

I'd just love to, when you can get me the timing on that one because some of us are desperate and obviously people in the public are desperate enough to come up with crazy ideas in the meantime. So please, that would be helpful.

CommentMadam ClerkProposed · by introduction1:48:00 · ≈ 10:48 AM

Certainly.

ElectedBob NelsonSupervisor, District 4Proposedvoiceprint 0.961:48:03 · ≈ 10:48 AM

Thank you Ms. Plowman. Supervisor Lavinino or Supervisor Hart any questions?

ElectedSteve LavagninoSupervisor, District 5Proposedvoiceprint 0.811:48:09 · ≈ 10:48 AM

No, I just wanted to congratulate staff. You know there's obviously this is the beginning of a long, not the beginning but the middle of a long process and each of these individual projects are going to be analyzed but I just wanted to give staff, that was probably most in-depth report that we've had in the last year so I know there's a lot of work going on in this and very interested to hear from the public. I've already been hearing you know people are getting wrapped up Looking at individual projects inside of this or that they feel might be including this master plan But I just want the public to understand that This doesn't approve any particular project These are these are trying to kind of get out of our own way Of how we trip over ourselves while we're trying to provide services to the public.

So Very interested here and continue to hear from the public on all these issues

ElectedBob NelsonSupervisor, District 4Proposedvoiceprint 0.961:49:04 · ≈ 10:49 AM

Supervisor Hart

UnidentifiedUnidentified speaker 1Proposed1:49:06 · ≈ 10:49 AM

I just want to thank staff for the tremendously detailed work and comprehensive approach to the countywide recreational master plan update. It's hitting all the bases and again, the outreach was very impressive you know having almost 5,000 people fill out the surveys and express their interest in the project is really a high bar and I'm looking forward to the more targeted outreach to specific Disadvantaged communities and as the project continues forward, I think there's just going to be more and more enthusiasm from the public about doing this planning to facilitate new recreational opportunities because folks love their parks and recreation and want to see more opportunities everywhere.

1:49 – 2:044 turns

UnidentifiedUnidentified speaker 9Proposed1:49:53 · ≈ 10:49 AM

Chair Hartman, if I may also on the outreach. Thank you for reminding me of Supervisor Hartman. We are going to be working with our Sustainability Division has an Economic Outreach and Equity Advisory Outreach Committee so we'll be working with them to reach out to the various communities as well

ElectedBob NelsonSupervisor, District 4Proposedvoiceprint 0.961:50:13 · ≈ 10:50 AM

Terrific. I just had a couple of things I wanted to add. Just wanted to note that there has been additional outreach, it wasn't all described in our staff report. Wanted to just mention growers, shippers, the Cattlemen's Association, the vintners Thank you. development opportunity for those interns and so I think that's really exciting that we can train up our own people here especially in North County.

And the final thing I wanted to mention was the rec print, that is really databases that are available and integrated with the conservation blueprint I'm going to talk a little bit about what we're doing. through this database, then you can apply for other sources of money rather than simply just recreation. So I think that's something that's really innovative and really exciting about this. What I'd like to do is we have a translator who needs a little break. I'd like to take a five-minute break and then go to public comment. And I think we have about 13 public speakers so five minutes no later than 12 o'clock back 11 o'clock We're reconvening the Santa Barbara County Board of Supervisors meeting of February 15th.

We're on departmental item number four which we took second on our agenda today, the Recreation Master Plan and about to go to public comment. Madam Clerk? Chair Hartman and members of the board, we have 13 requests to speak on this item. And with that I'll close the queue for public comment. These 13 will be all we will hear on this topic.

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UnidentifiedClerk of the BoardProposed · by role2:01:42 · ≈ 11:01 AM

And we will begin in person here in Santa Barbara with Chip Wolbrandt to be followed by Jimmy Vosidis. Chip?

UnidentifiedUnidentified speaker 12Proposed2:01:52 · ≈ 11:01 AM

Madam chair, members of the board, I hope you can hear me through this. Thank you for having this hearing. It has been a while coming, and I think you've all seen that there have been some twists on how to work in the private projects that could help provide for public recreation. And I want to urge you today, even though it's still a little bit confusing how that will work, but I urge you today to include that in the scope and expand the scope for that opportunity There are a number of private projects potentially that have come through the wonderful outreach job that was done by both Wood Consulting and I also want to again thank Chair Hartman's office and John Park for Thank you, Mr. Chairman.

And I would urge you to continue that. There are also opportunities within the existing land use development code, in particular the rural recreation provisions that can be tweaked a little bit to allow for private projects that will bring additional agricultural and experiential tourism And that's both a great thing for the county. It's a great thing for those of us who can enjoy the trails and the trail connections that may come from that, and the other recreational opportunities that can come from that. And by the way, that also adds if you have additional accommodations 12 1⁄2% of transient occupancy tax to the county which is a great thing.

The thing that is really missing here for the county to expand that agricultural tourism are accommodations and trail and other recreational connectivity. And I would urge you to provide for that additional connectivity, in particular in the San Ynez community plan area, I would urge you to expand the list of projects to include what I'm calling the San Ynez Valley Townships Connector Triangle which goes along 246, 154 and then back to 246.

And also a connection from the San Ynez River Trail in the Buellton area down the Nahui Creek Corridor. And that again would be a great and historic recreational connector and allow for those private projects. So I urge you again, allow for those private projects. I also would urge you to continue the efforts That the 3rd District Office has been doing an outreach and a particular committee that they've created for that outreach. Thank you.

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2:05 – 2:107 turns

UnidentifiedClerk of the BoardProposed · by role2:05:02 · ≈ 11:05 AM

We remain in Santa Barbara for Jimmy Lloyd's IDs to be followed by Karen Lloyd's IDs, and then we will go to zoom.

PresenterDemetrius Lizidisour family on the Mosby Winery soon to be Vega Vineyards and Farm in BuelltonProposedself-stated2:05:11 · ≈ 11:05 AM

Good morning, Madam Chair and Board Members. Thank you for having me. My name is Demetrius Lizidis otherwise known as Jimmy and I represent our family on the Mosby Winery soon to be Vega Vineyards and Farm in Buellton. We are currently in escrow and will be closing in March. Everything has been approved and we're ready to go. I'm in favor of your vision to spread the agricultural and experimental tourism in Santa Barbara County.

I also support that the board should provide for support through the parks department and in the development review section of planning and development to facilitate private projects that support and help implement important agricultural tourism corridors. I see an opportunity to expand in this market. Whenever I think of agritourism, I think of my

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ElectedBob NelsonSupervisor, District 4Proposedvoiceprint 0.962:05:59 · ≈ 11:05 AM

family.

PresenterDemetrius Lizidisour family on the Mosby Winery soon to be Vega Vineyards and Farm in BuelltonProposedself-stated2:06:08 · ≈ 11:06 AM

Thank you very much. There are multiple tavernas where people eat, drink and all the produce comes, the wines, the meats, the cheeses comes from with this surrounding area. There's also a lot of homes, casitas and other dwellings available for vacation rentals. A lot of hiking, horseback riding trails as we wanna do here. I really do believe we can have something like that here, a very special place like no other.

Another component of what we would like to do is have activities for children and families. We are parents of two boys, 10 and 7. And we've lived in the Santiago Valley for the last ten years. I know there's a huge need for family related activities such as farm stands, agriculture education, animal education and such. How nice would it be for a family to be able to come into the valley take a hike or a bike ride and play under the oak trees? And the parents be able sit down and have a glass of wine and a picnic.

Another component of what we would like to do is the educational component. You know, everybody in society now is clamoring for more education about their food source and where it comes from. We'll be offering educational programs for both tourists and local schools and locals in the area. And on a personal note, it'd be nice not to lose all the additional revenue stream to Paso Robles, Temecula and Napa. We always get passed up because we don't have enough things going on for us in our community.

The beauty of all this is that it creates jobs, tax revenue and connectivity for the Santa Barbara County. Thank you so much for your time and consideration.

UnidentifiedClerk of the BoardProposed · by role2:08:01 · ≈ 11:08 AM

Thank you. We will now go to Karen Loisides and then we will go to Zoom for Pat Fish, and please for the record members of the public on zoom you do not need to raise your hand we do have you listed thank you

CommentKaren LoizidisProposedself-stated2:08:16 · ≈ 11:08 AM

Good morning, Madam Chairperson and board members. My name is Karen Loizidis and my husband and I are on escrow to purchase Mosby Winery the soon-to-be Vega Vineyard & Farm. Vega Vineyard & Farm is a 208 acre property uniquely situated at the little used Santa Rosa off ramp from Highway 101 just south of the city of Buelton, the entrance of the Santa Rosa Road and the connector property between the future Sentinez River Trail and Nahui Creek Agroecological Tourism Recreation Corridor.

Our dream and our plan is the property renaissance to a complete hospitality and farm-based ecotourism experience consistent with the San Gines Valley Community Plan guidance for tourism. De Cuesta, the son who lived on the property was instrumental in getting the Highway 101 routed through the Buelton area in 1927. The connection between the region from Santa Barbara northbound. In the advent of the motorized transportation this changed the historical lands of the ranch and the property got subdivided into smaller ranches, wineries and properties over the generation disconnecting the historic trails and other means of traveling through the land that had existed until then.

Our vision is that Vega Vineyard and Farm proposal includes adding the county's effort to resurrect the connection between the historic ranches of the region on both sides of the highway, and ultimately one day to be finding the reconnecting hikers, equestrians, and proposed St. Genes River Trail to the Gaviota Coast. Thank you.

UnidentifiedClerk of the BoardProposed · by role2:10:01 · ≈ 11:10 AM

We will now go to Zoom and begin with Pat Fish to be followed by Suzanne Duca.

2:10 – 2:155 turns

UnidentifiedUnidentified speaker 13Proposed2:10:13 · ≈ 11:10 AM

Pat. Hello, am I here? Yes we hear you. Okay i'm speaking to support the current work to set the countywide recreation management plan and I ride a mule at the Live Oak Camp and I do so regularly and I encourage the Board of Supervisors to make sure that they continue the tradition of safe equestrian access to those trails We know that the bicycle lobby is heavily involved with demanding access to this, the last exclusively equestrian trail system left in all of Santa Barbara and Ventura counties. This is greedy and ill-conceived it will lead to a dangerous situation and is unnecessary as they have everywhere else.

Please represent the equestrian portion I would like to ask the board of Supervisors to make preparations for this plan. Keep the live oak camp trails as they have always been intended to be since they were established, and I also encourage the development of a master plan to open the Live Oak Campground to daily equestrian use on the model of I know that everyone is being pressured to provide equity of access, but keeping the Live Oak Camp for horse riders and now hikers is equity in serving those portions of the public safely. Thank you very much.

UnidentifiedClerk of the BoardProposed · by role2:11:52 · ≈ 11:11 AM

Thank you. We will now go to Suzanne Duca to be followed by Kathy Rosenthal.

UnidentifiedUnidentified speaker 14Proposed2:12:04 · ≈ 11:12 AM

I'm going to pass what I was going to say has been said.

UnidentifiedClerk of the BoardProposed · by role2:12:08 · ≈ 11:12 AM

Thank you. We will now go to Kathy Rosenthal, to be followed by Claire Wingman. Kathy?

PresenterKathy Rosenthal I'mSan Yanez Valley Riders we are the oldest equestrian trail riding group in the SProposedself-stated2:12:18 · ≈ 11:12 AM

Can you hear me? We can. Okay, good. Good morning Madam Chair and good morning Board of Supervisors. Thank you for having me and again my name is Kathy Rosenthal I'm with the San Yanez Valley Riders we are the oldest equestrian trail riding group in the San Yanez Valley. I wanted to say thank you to your board, to county staff, to Wood Environmental and especially John Park for doing such a tremendous job on public outreach it's really been quite something and will add Good morning, everyone. Thank you for joining us today. I'm Barbara County Board of Supervisors. I want to start by saying thank you to all of the staff who have contributed volumes and good information to this plan. The San Ynez Valley fully supports this recreation plan and just has a couple questions on the staff reports, a couple comments.

In the staff report there were a number of ways that there has been surveys taken but not on a policy survey I did want to talk on equity a bit. It's admirable that there has been money set aside and a great program to outreach disadvantaged communities, I do want to say that equity also involves age and gender. And the fastest growing trail riding group among equestrians right now is women from 40 to about 65 or 70 years old.

They have their children leave and they come back to horses and get involved in trail riding so our equity analysis needs to include both age and gender, and we suggest that senior centers be involved for Helping glean that information. Let's see here, I did wanna say also that some of the information especially the Kachuma Recreation Management Plan is over 20 years old and requires an update. The scoping for that EIS it's being relied upon was done way back in 2002.

The EIR or EIS for that project was approved by the board In 2012 and again it was an EIS not an EIR under CEQA and requires an update. Most of the projects at Kachuma have been done under CEQAs exemption, and therefore the public has not been able to comment on those projects. We want to amend that loophole in this plan So I will sign off now, but I wanted to thank you all again for this effort. We fully support this effort and we look forward to participating.

One other thing I wanna say is the stakeholders group which I alluded to in my letter that I submitted to the county. The, I believe a trail policy stakeholders group is necessary to not only formulate a new trail policy for the county But to also continue after formulation of the Recreation Management Plan for issues that come up in the future. Thank you.

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UnidentifiedClerk of the BoardProposed · by role2:15:24 · ≈ 11:15 AM

We will now go to Claire Weinman, to be followed by Nancy Emerson. Claire?

PresenterClaire WeinmanGrower Shipper Association of Santa Barbara and San Luis Obispo countiesProposedself-stated2:15:32 · ≈ 11:15 AM

Good morning my name is Claire Weinman and I'm the president of the Grower Shipper Association of Santa Barbara and San Luis Obispo counties. We commend the county for its dedication to parks and recreation throughout the county We recognize the importance of opportunities for individuals and families to enjoy a variety of individual, team and family oriented spaces and activities.

We share the county's interest in enhancing quality of life for the tens of thousands of county residents employed both directly and indirectly by the county's vibrant agricultural sector. Today's presentation was very helpful. Thank you for that. We're still a little bit confused about the current status of the plan And would be eager to see more of what's been learned so far.

We also encourage the board to consider whether it makes more sense to make additional investments in planning or instead use those funds to start implementing some of the beneficial services and improvements. At the same time, we do have concern about giving free reign to certain potentially sensitive projects by their inclusion in the programmatic EIR and through broad ordinance and plan amendments.

A project or activity that's a great fit for solving might The disaster for Santa Maria, which is why the specific facts and circumstances must be considered. As discussed earlier it also seems like some of the components that are intended to support agriculture might be better addressed through other mechanisms like the Ag Enterprise Ordinance. We urge the county to focus its resources on projects that are truly compatible with existing agricultural operations and are consistent with county policies Some of the initial projects presented for inclusion have unique environmental, economic and legal challenges that require detailed study and consideration.

For these reasons, and given the limited information currently available we take issue with the inclusion of the Guadalupe Campground and also the Guadeloupe Dunes to Trail in the Recreation Master Plan and the Programmatic EIR. We would also appreciate more information on what is meant by the coastal access component at the Point Sal project. The complexity of these projects should not impede efforts to proceed with the Recreation Master Plan. To maximize benefits to the community, please focus efforts on needed services and projects that are compatible with surrounding land uses and protective of food safety and public safety that can be readily implemented without significant impediments in opposition.

Thank you for your consideration and we look forward to continuing to engage in this important process.

UnidentifiedClerk of the BoardProposed · by role2:18:02 · ≈ 11:18 AM

We will now go to Nancy Emerson to be followed by Kyle Richards. And Nancy, we have unmuted you on our end if you can please unmute on your end and begin your comments

UnidentifiedUnidentified speaker 15Proposed2:18:19 · ≈ 11:18 AM

there. There you go. Thank you person Hartman and members of the board and thank you to staff and consultants for really enlightening presentation We work supports the county wide recreation master plan, the Santa Ynez Valley meeting we sponsored last summer was part of that support, though the original proposal might have included a budget for amending land use documents.

It's important that this and additional consultant time be funded so the project can be properly completed. And I refer you to a wonderful article by Ray Ford in News Hawk on Monday that explains why this is so important. Continued coordination among county parks and cities, parks and recreation staff is needed to make this a useful plan. Please involve the Agricultural Commissioner, the Agricultural Advisory Committee, Public Health Planning and Development and the Planning Commission to truly integrate the plan with rural recreation, agricultural tourism projects and related ordinances.

Problems with the cannabis program EIR taught us that the quality of scoping is critical. It needs to include baselines for existing parks and trails, and consideration of unintended consequences. We strongly recommend involvement at the park scoping stage by staff from other cities and county staff beyond parks. We need a County Planning Commission meeting with public comment before the EIR description is finalized.

Much recreation occurs outdoors on environmentally sensitive sites, their natural beauty is intrinsic to the recreating and refreshing process. Some recreational uses are not environmentally sound on those sites, though popular with segments of the population. Too often overrides allow uses that EIRs find unmitigatable. Do not allow this to happen with this EIR.

Finally, All county residents have responsibilities as the ultimate beneficiaries of this project. This means involving ourselves by attending scoping meetings, hearings on the EIR and on the plan itself as it unfolds. Thank you.

UnidentifiedClerk of the BoardProposed · by role2:21:11 · ≈ 11:21 AM

Thank you. We will now go to Kyle Richards to be followed by Sheila Benedict. Kyle?

2:21 – 2:267 turns

CommentKyle RichardsProposedself-stated2:21:22 · ≈ 11:21 AM

Hello, now thank you for the opportunity to speak to the board today. I'm Kyle Richards, Gleda City Council member. Today I'm speaking on my own behalf. I believe our city was working on a comment letter but I'm not sure it was ready to be submitted before today's meeting. I enjoyed hearing the update today and I want to say that I greatly appreciate the county's work to date on the Recreation Master Plan especially the plan's comprehensive interjurisdictional approach which will contribute to the well-being of all county residents I support the opportunity to expand the scope of the plan and I encourage you to explore amendments that will encourage future programs and projects that will better meet the recreational needs of our entire community.

The residents of the Goleta Valley, whether they live in the city of Goleta or in the unincorporated surrounding areas of Isla Vista or the Eastern Goleta Valley would benefit from the increased collaboration between the county and the incorporated cities The residents of our area regularly cross boundaries to use parks, open spaces and recreational facilities without regard to municipal jurisdictions. The more our cities in the county can collaborate, the more all of our residents will benefit. I encourage you to approve the expanded scope of work on their recreation master plan and support amendments to the county comprehensive plan community plans and zoning ordinances that would facilitate public and private projects that provide a public recreation benefit.

This issue is specifically pointed out in the City of Goleta's two-year strategic plan, which includes an objective to support public trail access from the community to the rural foothills and mountainous areas of the Los Padres National Forest. As you know, hiking is a popular activity in our area and there are obviously lots of opportunities in the National Forest. Unfortunately, there is currently no public trail access to the forest from the Goleta area and I would welcome the opportunity to collaborate with the county to explore opportunities to improve access Today's action would further support our city's goals, would benefit the surrounding unincorporated community and would support the county's goal of facilitating multi-agency cooperation.

Thank you for listening and I encourage you to move forward with today's proposal.

ElectedBob NelsonSupervisor, District 4Proposedvoiceprint 0.962:23:46 · ≈ 11:23 AM

Thank You

UnidentifiedClerk of the BoardProposed · by role2:23:46 · ≈ 11:23 AM

Councilman

ElectedBob NelsonSupervisor, District 4Proposedvoiceprint 0.962:23:47 · ≈ 11:23 AM

Richards.

UnidentifiedClerk of the BoardProposed · by role2:23:48 · ≈ 11:23 AM

We will now go to Sheila Benedict to be followed by Kevin Gleason. Sheila?

UnidentifiedUnidentified speaker 16Proposed2:23:58 · ≈ 11:23 AM

I'm unmuted now, right? Yes we can hear you. Okay great thank you. This is Sheila Benedict. I live in Solvang. I've lived in the San Ynez Valley for over 30 years. Prior to that my husband and I were quarter horse breeders. We raised and bred quarter horses. One of my boys is in Very active in Texas with quarter horse breeding and is very well known around the world.

And that is the reason why I'm talking to you today, I was very impressed with some of the knowledge of the people that are working on this project but I am very focused and I am very focused on the trails Because you cannot mix horses, hikers and cyclists on the same trails. It is a recipe for disaster and I need to mention to the county that if it is a recipe to disaster financially the county could be in a whole lot of legal and economic problems if there are big problems with trying to mix all three. You cannot do so, it is not worth it and just as a close we had a yearling colt on one of our ranches that was about a 20-30 thousand dollar stallion prospect at the time and someone came up with a cycle and started blowing a horn at our front pasture and the colt got scared and wound up we were lucky to get $1,000 for gilding So consequently, you cannot mix them.

And that's all there is to it. I know all about grant writing. I understand the process that you're going through and I applaud those that are working on it but please keep this in mind. It is extremely important. I've been down the road. I know what it is. Thank you for your time. Thank you Mrs. Benedict.

UnidentifiedClerk of the BoardProposed · by role2:26:04 · ≈ 11:26 AM

We will now go to Kevin Gleason to be followed by Karen Luckett. And Kevin, we have unmuted you on our end. If you can please unmute on your end and proceed with your comments. Kevin if you can hear me if you can please unmute on your end. I think we almost had you there. Let's try one more time.

2:26 – 2:327 turns

UnidentifiedUnidentified speaker 17Proposed2:26:49 · ≈ 11:26 AM

Can you hear me?

UnidentifiedClerk of the BoardProposed · by role2:26:50 · ≈ 11:26 AM

Yes, we can. Thank you.

UnidentifiedUnidentified speaker 17Proposed2:26:52 · ≈ 11:26 AM

Okay I'm sorry my technical skills are not very good. First of all let me say thank you. I'm delighted we're having this discussion today it's very exciting. I am the owner of Gleason Family Vineyards up here in the Sanchinez Valley. Gleason Family Vineyards owns and operates Roblar, Roblar Winery, Roblar Farm, Buttonwood Farm and Vineyards And also Refugio Ranch, vineyards and winery. So the idea of talking about a recreational master plan which gives us the ability to enhance our operations is very rewarding. I came out here in 2002 and looked for property and decided that the Santa Ynez Valley was one of the most beautiful places I'd ever seen and then decided to move here so My wife and I moved here in 2004, and started Refugio Ranch Winery & Vineyards.

Since then two out of my three children have moved here to help work in the family business. And the family business is basically an enterprise that grows grapes, we grow agricultural products, we grow stone fruit. So we're very invested in The aspect of growing here in the San Gines Valley. We also make wines, we make some of the better wines in the state of California in my opinion.

So we like to farming, we like what comes from the farm. We'd like to take the grapes and make them into wine. We like to take the vegetables and fruits and make them into food so we're very involved in farm-to-table those types of things We employ 80 full and part-time people here in the Santa Ynez Valley. We also provide housing for people that work in the farming enterprise, and in the vineyard enterprise, and in the winemaking enterprise.

So I just wanted to voice my support for recreational master plan. I think it's a great idea. It gives us the ability to provide a high end food and wine experience for people potentially, and bring people into the Santa Ynez Valley That want to support what we do and how we do it. And it's also nice to know that we would be providing a legacy for our children here in the Santa Ynez Valley.

So thank you very much for your time, and oh by the way I have 50 sheep on my ranch this week that will be grazing the vineyard so we're very much into what I would call interesting farming practices, interesting vineyard practices. And I think this is something that would benefit The ecotourism that we're talking about here. So I'm going to voice my support and thank you for your time.

ElectedBob NelsonSupervisor, District 4Proposedvoiceprint 0.962:29:48 · ≈ 11:29 AM

Thank

UnidentifiedClerk of the BoardProposed · by role2:29:49 · ≈ 11:29 AM

you for sharing your experience. We will now go to Karen Luckett, to be followed by Dawn Perrine who is our final speaker. Karen?

UnidentifiedUnidentified speaker 18Proposed2:30:02 · ≈ 11:30 AM

Thank you Supervisors for your time. Um, I am a soon-to-be 67 year young Equestrian woman. I recently, four months ago, I lost my angel horse. I have ridden on the Kashuma Trail and it concerns me that to share trails with bikers or hikers or dogs because I don't know how many of you know that horses spook easy. By spooking, I mean they get very scared. They can do 180 in half a millisecond and the rider can be on the ground hurt paralyzed or dead. So I am looking for a new horse because my baby angel died four months ago. I'm looking for a horse that won't spook and please, because there's cliffs and because this is rural land the equestrian people don't want to end up on the ground hurt Thank you very much. Thank you.

If the rural landowners wanna open up land to recreation, I would say maybe consider opening up to tiny home villages because housing is an issue. I heard recently in Montana that because the land prices, the housing prices have gone so extreme they're building multitudes of tiny home villages there So that's something maybe for another committee, but also you're talking about underserved people.

Also the middle class. I mean if we're going to have recreation please don't put big prices on it or try to make it free for the public because money is an issue these days from all but the 10%. Let's keep recreation free or low cost, and please keep our equestrian trails equestrian only. Thank you. Thank you.

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UnidentifiedClerk of the BoardProposed · by role2:32:45 · ≈ 11:32 AM

And we will now go to Dawn Perrine who is our final speaker. Dawn?

2:32 – 2:4410 turns

UnidentifiedUnidentified speaker 14Proposed2:32:55 · ≈ 11:32 AM

Hello! I just want to thank y'all. This has been a great meeting and I love the idea of the master plan, and just to keep considering the climbs out on the trails that we don't have to get killed. So anyway, thank you all and I will leave you at that.

ElectedBob NelsonSupervisor, District 4Proposedvoiceprint 0.962:33:20 · ≈ 11:33 AM

Thank you appreciate your brevity. And that concludes public comment. Okay, back to the board for deliberations. Supervisor Nelson?

UnidentifiedUnidentified speaker 7Proposed2:33:35 · ≈ 11:33 AM

Yes thank you Chair Hartman just a few things here. First off, I just wanted to give some props to John Park for all his work to help bring the various parties together and all the outreach that he did. And so his team of stakeholders and meetings he's put together, I think thought that was has been really helpful. It's gotten back to my office and it's really helped educate my support for the parks Master plan here.

You know, one thing that we do in this county really well as we do a lot of planning sometimes we don't do a lot of doing and so I'm on board. I'm an advocate for trails and for active recreation. I totally agree that Temecula Napa and Passover are you know way ahead of us not because they're better than us in any way, but because they've been able to find their way through their own system to provide these recreational and agritourism options. So I really feel like you know I really want us to go ahead and go forward with this process because I know it's going For getting grant dollars and to check some of the boxes on our sequence so that we can get to the doing.

But I really want us to also be careful not to over plan here, because you know what I've seen in some of our community plans and other things is we get so specific We don't allow the creativity and opportunities that might exist out there. That's something we might not even have contemplated, but be something that still would be allowed. It's very frustrating to me that sometimes it seems like everything is prohibited unless allowed.

And I really want us to make sure that we're keeping that flexibility as we move forward. One of the recommended actions today was to provide some additional Recommendations on what expanding that scope. Some things I've hoped that we could consider as part of this recreational master plan is the Santa Maria Valley Open Space and specifically Orchid Trails, something that was already studied during the Orchard Community Plan and it's already out there but as we've seen with some property acquisitions that we've already taken advantage development of the Los Flores Canyon Park by the City of Santa Maria. There are future opportunities to expand the Orchid Trail system, to create some connectivity there and so if that could be a part of this process that would be really great.

So that means expanding east but also there might be some opportunities in the future going west and north from the Orchard Trail System. So just want to make sure that's on the radar as we go through this process. Also something that has been discussed I'm At least taking a look at no longer my district, but they used to be was the Lompoc Trails group. They actually have some property that they've already acquired and they're a small nonprofit and they definitely need some of the environmental review for their project. And so if this could get wrapped up in that I believe it is in the under corporate area and it's right around a county park. And then the last one was the Santa Rosa Park which has put Potentially our most abandoned county recreational opportunity, but I think that there's a real opportunity there for redevelopment of that part to maybe a campground and really tie into the rest of what's out there.

And some of these private pilot projects moving forward and exploring whatever opportunity is possible to either create public benefit parcels or find some ways to really create opportunities for adjacent property owners to participate in recreation with the community, but also to see some private benefits as well.

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ElectedBob NelsonSupervisor, District 4Proposedvoiceprint 0.962:37:43 · ≈ 11:37 AM

Thank you. I

UnidentifiedUnidentified speaker 1Proposed2:37:49 · ≈ 11:37 AM

just want to thank Councilmember Carl Richards for his comments about how important it is to be working collaboratively with the City of Goleta in the Goleta Valley to facilitate trail connections from their urban area up into the Los Padres Forest. We've been trying hard to find the right candidate projects for Elevation to this process to make that possible and anything we can do to be creative And you know think outside the box and work with different stakeholders to get them included in this process would be really helpful to everybody so appreciate his comments and Look forward to continue to work together

ElectedBob NelsonSupervisor, District 4Proposedvoiceprint 0.962:38:25 · ≈ 11:38 AM

Thank You supervisor Lavinia

ElectedSteve LavagninoSupervisor, District 5Proposedvoiceprint 0.812:38:27 · ≈ 11:38 AM

Madam chair yeah, I you know. I think you haven't got any kudos yet or I missed them But this is kind of your This is your baby, so kudos for getting it this far and bringing people together. I look at this from a couple of different perspectives and one of them is that we got to get kids off their screens out of their houses and back like we used to do where we got on our bike and we were gone all day.

And there's a lot of different things we have to do to get there, but one of them is to actually have them a place for them to go. Whether that's with their parents or in a group or however it is. But I look at this as an investment in our youth. So anything we can do. I think what Mr. Wolbrandt said is absolutely true and Supervisor Nelson talking about connectivity.

You know, in Santa Maria you kind of have to go out of town and then drive your car out there and then go to a trail and get back in your car and go back home. It'd be nice to be able to get on a bike and just kinda leave Santa Maria and go somewhere. Having said that I also believe You know, ag is our number one industry. And we have to work with willing landowners and respect that ag is different in different areas so that driving by a vineyard might be different than driving by a field that's leafy greens and all the food safety issues that go along with that and those types of things too. So while we are trying to save agriculture and provide other forms of other avenues of revenue We also don't want to damage it or harm it in any way.

So I want to continue to sit down with our local farmers and work with, like I said, willing landowners and mitigating impacts as we move forward so You know, I'm in support and but you know, I think there are there are definite red flags have been raised by some people on it. And it's interesting that everybody kind of seems to be on the same page now, but I've been on I've been around long enough to know that soon as somebody proposes something on their property that is going to be recreation for somebody else. The next person over the landowners can be like that impacts me and this is negative to me.

It's going to be dicey, but if we don't try, we're never going to get there. So appreciate all the effort so far.

ElectedBob NelsonSupervisor, District 4Proposedvoiceprint 0.962:40:50 · ≈ 11:40 AM

Supervisor

ElectedSteve LavagninoSupervisor, District 5Proposedvoiceprint 0.812:40:51 · ≈ 11:40 AM

Williams?

UnidentifiedUnidentified speaker 4Proposed2:40:55 · ≈ 11:40 AM

Well I'm very pleased at how far this has come. I'm very pleased how engaged Supervisor Hartman has been in helping make this happen. I'm very interested in a couple things. Number one, I saw the parts on the map that still don't have enough surveys. Two of my areas in my district, Carpentry and Kuyama, so I will make sure to remedy that if possible. And you know, I'm very interested in this Juxtaposition of incentives for private.

property owners to participate in the trail network. I mean, you know we don't have unlimited funds to buy easements and open space. You know so I see this as enormously important if we're to maximize the recreation potential of the county. So I'm super interested about what kind of incentives those are. One of the ones that I know that some folks brought up early is You know, Homestay Farmstay.

That's why I asked the question of Director Plowman earlier on the timing of farm stay. She went back with her staff and reported that it's scheduled to come to us this summer which is awesome. And it seems to me that that's important because sooner than this. I mean, so let's but I am still interested in what other incentives can be out there because I do think there are opportunities and I think we also learned something from the pandemic that there's certain things that we didn't you know that weren't able to do like serving food that really doesn't heard anybody and people have the capability to be from a health and safety standpoint.

You know, so I do think we had some lessons of that whatever people were afraid of didn't end up coming to pass and that might be easier to allow people to have some uses that they didn't already Interested in what other trails are out there. that we can go to. You mentioned some in the slide presentation, but I'm also interested in the San Ynez Triangle and other ones and hopefully I can do it on a horse sometime.

Appreciate the public comment. We're not going to stop thinking about equestrians. We care about you too.

2:44 – 2:486 turns

ElectedBob NelsonSupervisor, District 4Proposedvoiceprint 0.962:44:12 · ≈ 11:44 AM

Thank you. I appreciate Supervisor Lavinino's calling out my efforts, but I think this has been something the entire board has appreciated especially during the time of COVID and I know when we had extra money we really were interested in investing it in parks and recreation So, this gives us an opportunity to continue along those lines. I would strongly encourage my colleagues on the board to work with the outreach team at Wood and or John Park too who's been active in the Ag Enterprise Ordinance and that kind of spilled over into some of this work as well to hold meetings in your own communities.

I for example had a meeting in Los Alamos and learned that we have a wonderful county park there, but they would like a lot of additional uses at that park. Some that wouldn't cost all that much money. And so I'm planning now for one in Supervisor Nelson's old district in Lompoc But it's a great opportunity for supervisors to hear about what people want new but also what can be retrofitted on what we already have.

And then we can get more surveys and have more information to analyze. So I'm really excited about this, I think that health and well-being depend on this. I think Santa Barbara County is uniquely situated for the agritourism business. And I think our wine, I just saw this Wine Country Bike Tours advertising Santa Barbara County We don't really have that many. We're advertising something that's not really very well connected. We have a tremendous opportunity on the Fox and Canyon to go into Orchid, into Santa Maria to integrate the wine What I understand with tourism is we really want people to stay for a night or two or three. We don't want them just passing through and going somewhere else, and to do that you need different activities. There's just so much wine you can drink but if you have other things that people can do that really makes it a destination.

And so we have a tremendous opportunity I think to realize financial benefits for The county for private landowners and really just enhance the quality of life for all of us. So I'm excited, and I just want to again thank Jenna Richards and County Council's office who worked so hard and Jeff Lindgren and Lisa Plowman. And it's really been a team effort and especially Parks. Thank you, Jeff. All right. We need a motion.

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UnidentifiedUnidentified speaker 1Proposed2:47:13 · ≈ 11:47 AM

I'll move staff recommendations A through F.

ElectedBob NelsonSupervisor, District 4Proposedvoiceprint 0.962:47:18 · ≈ 11:47 AM

And second? Second. By Supervisor Williams, all in favor say aye. Aye. Any opposed? Motion passes. So that takes us to Madam Clerk should we go to the next item?

UnidentifiedClerk of the BoardProposed · by role2:47:35 · ≈ 11:47 AM

Chair Hartman and members of the board, I believe we might have time. We do have six requests to speak on departmental item number three but perhaps the department can let us know how long they intend their presentation to be. About 15 minutes so... Let's do it. Perfect thank

ElectedBob NelsonSupervisor, District 4Proposedvoiceprint 0.962:47:56 · ≈ 11:47 AM

you. So Madam Clerk would you read the next item into the record please? Chair Hartman

UnidentifiedClerk of the BoardProposed · by role2:48:03 · ≈ 11:48 AM

and members of the board departmental Departmental item number three is from the county executive office. It is a hearing to consider recommendations regarding an amendment to chapter 50 of the County Code licensing of cannabis operations.

2:48 – 3:038 turns

ElectedBob NelsonSupervisor, District 4Proposedvoiceprint 0.962:48:26 · ≈ 11:48 AM

Welcome miss Heaton.

UnidentifiedUnidentified speaker 19Proposed2:48:28 · ≈ 11:48 AM

Thank you good morning chair Hartman supervisors today we are bringing an amendment to a proposed amendment to chapter 50 which is the licensing of cannabis operations Just a quick background. The board adopted Chapter 50 back in May of 2018, and since that time the cannabis operators have been applying for cannabis land use permits and business licenses since the Cannabis Ordinance became effective in June 2018 and November 2018 for the inland area and coastal zone respectively.

Chapter 50 has been amended several times as you all know to address unanticipated issues that have come up over time. And today's proposed amendments are brought to you by direction from your board in November, three main things that we're addressing today. We're proposing to remove processing activities that's drying, curing or trimming from the acreage cap. Allow changes in ownership that maintain a spot in the acreage cap and set forth additional timelines for legal non-conforming operations.

Those are the operations that claimed that they were cultivating medicinally prior to January of 2016 to apply timelines for them, for the ones that are in the acreage cap. And I'll go over these in more detail This slide for the proposed amendments, it affects three sections of Chapter 50. We're going to start with Section 50-7. This has a bulk of the changes since it addresses the limits on cannabis business licenses, the acreage cap and processing.

The first proposed amendment removes the processing activities as I discussed from the acreage And by more narrowly defining the activities that count in the area used to determine the acreage limits on cannabis business licenses. So prior to, um, the existing language addresses the acreage cap by calling out cultivation which includes several activities planting growing harvesting drying curing and trimming so we propose today to take out the drying curing and trimming language from that definition in the acreage cap.

The second point there is to establish a June 30, 2022 sunset date for all legal nonconforming operators in the unincorporated inland area that have an approved land use entitlement to obtain their business licenses or cease operations. So these are operations that are on that are in on the eligibility list and in the acreage cap currently And then the second piece to this would be an additional six month period for legal nonconforming operators that have their approved land use entitlements to remain on the list.

So they have a reserved spot in the acreage cap while they complete the permitting and licensing processes through 2022 so. The deadline would be December 31st. They will have to continue to cease operations during this six month period and again, this only applies to the inland unincorporated area since that is the cap that's been committed we have not yet reached the carpentry a cap and so we would propose to come back at a later date for that area The other two county code sections that we are looking at our section 5022 and 5023.

These address cannabis business license limits being non transferable, so in 5022 this is just some clarifying language that any pending business licenses are subject to the limitations in Section 5023 changes in ownership. And for 5023. We wanted to ensure that all changes in ownership and business entity are properly noticed and vetted before changes go into effect.

And we want to allow for change in ownership and license transferability to another operator on the same permitted parcel, so we can't look at another parcel down the road would be the parcel that is currently on the list and permitted after being properly vetted while maintaining a spot on the eligibility list. Currently, there's no path for ownership changes in the unincorporated inland area because the cap is committed.

And sorry to clarify, no path for changes and ownership greater than 20% in the unincorporated area. So this would allow for those changes to occur only after the new owners have been properly vetted with background checks through the Sheriff's Office. OK, so going into more detail on these changes In November, we brought some amendments to you and we established the June 30 deadline for legal non-conforming operators outside of the cap. And so there are six operators that we've notified that received letters from us and they will have to cease operations because they did not make it into the acreage cap.

Today's proposed amendment is a sunset date for those legal non-conforming operations with land use approval and they have acreage secured under the cap The board directed us to come back with language that would establish the same date, June 30 for these folks to complete the business license process or cease operations. So since they are in the cap, they will be allowed to continue to operate and pursue their business license but if they have not received an issued business license by June 30, they would have to cease operations.

Then they would continue to pursue their business license for a second six-month period up until December 31st. They would have ceased operations, but they would then have until December 31st to pursue their business license. Until that time if they were unsuccessful they would be removed from the eligibility list The issuance of a permit and business license for these legal non-confirming operators is critical for us as county staff to carry out our compliance efforts.

And so we, we feel that this is important and a high priority for us to get these operators permitted and licensed. Um over 2 years have elapsed since the deadline to submit a land use entitlement. So, many of these operators submitted almost 3 years ago. Uh there was a deadline two years ago and that we've allowed these operators to continue cultivation under this status um and so we feel like enough time has elapsed and we need to move forward and get and get them permitted Again, the deadline only applies to the unincorporated inland area since the Carpinteria Ag Area limit has not been reached. We anticipate that limit to be reached by the end of this fiscal year June 30 2022. To date this would affect 15 operators representing 222 acres so we have 15 operators on the eligibility list in the inland area that are currently cultivating that do not have an issued business license Moving on to the second proposed amendment around the processing in the acreage cap.

So this amendment would exclude the processing activities as I said which are defined as drying, curing and trimming from our acreage cap calculation and allow new land use entitlement and business license applications for processing facilities. When we were here in November, the board asked us to take a look at or to poll the operators and find out why it was that we had a small amount of processing in the inland area. And what were the barriers to that? We actually sent out a survey and we got really good response from the operators. Overwhelmingly what we heard is that the acreage cap constraints led to the exclusion of the processing activities. Since processing activities must be done indoors, many of the new operators in the inland area excluded buildings and other and the processing activities from their permit in order to expedite the permit process or the land use entitlement process to get into the cap.

And the inland unincorporated area cap is really it's committed with very few acres. There's about three acres of processing in the inland area. and six acres in the Carpinteria Egg overlay area. Actually, it's closer now to seven acres in the Carpinteria Egg overlay area. And then the final thing that we included in this language is that the freed up acreage, this small amount of freed up acreage would be offered as a first rate of refusal to the operator where it was generated. So if you have 25,000 square feet of processing on your property You would be allowed to expand your cultivation area by 25,000 square feet with a revision to your land use entitlement. You would have to go through that process and so you would have first right of refusal for that as the operator who had the processing to begin with before making it available to applicants on the wait list The last change that I want to go over in some detail with you are the changes in ownership.

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ElectedBob NelsonSupervisor, District 4Proposedvoiceprint 0.962:58:30 · ≈ 11:58 AM

Ms. Heaton, would you like questions during? I'm trying to protect you and get you to finish but I see some people eager to ask questions.

UnidentifiedUnidentified speaker 19Proposed2:58:39 · ≈ 11:58 AM

I have just one more. If you don't mind, we can do the changes in ownership and then we can go into questions if that's okay? Thank You Supervisor Hartman. So changes in ownership so the proposed language that what we have for you today allows for applicants and operators to transfer their ownership rights In excess of 20% with a new business license application while maintaining a spot on the eligibility list.

Currently, we are constrained to ownership changes that are less than 20% only because anything over 20% required a new business license and you could only do a new business license application if there was room in the cap and so we're trying to reconcile that and allow for people to make these Ownership changes with the proper vetting and review before approval is given for the transfer.

Change in ownership and license transferability is allowed only on the same permitted parcel, as I said before. And applicants and operators must continue to comply with all county codes, the state law, and continue to make appropriate progress through the business license process. This requires, we also require that they give us timely notification and submittal of the new business license application so we set forth some timelines for that.

And this really encourages transparency and facilitates removal of non-compliant individuals. So we have situations where There are entities that would like to get rid of someone that is involved in their entity. This isn't, there aren't a lot of these but there's a few and they're unable to do so and until that person has been charged and something comes of that, there's really nothing they can do. And so this would allow for that.

And also we've gotten requests that this would also allow for some family transfers or accommodate families. I mean if unfortunately there was a death in the family right now, the way the ordinance is written There is no way, path forward over the 20% for the inland area for people to make these changes in ownership. And finally I just want to highlight that we will be coming back with some future amendments that were directed in November. Just want to remind you that we talked about the timeline for using an operator's reserved acreage in the cap once a business license is issued so this is sort of those use it or lose it provisions That we've discussed and related to that would be an allowance for following as an agricultural practice. We've received some requests in our ordinance doesn't address that, and so right now we're allowing for that but we don't have a timeline associated.

So is it for a harvest? Is it for a whole year? We would like to put that into give some more specificity around that and then the cultivation area measurements. This is related to the area that we call cultivation. The canopy versus the activity, the cannabis cultivation activity area. We have some inconsistencies with how the state defines things. This would change things quite a bit because we measure things differently and so we would like a little bit of direction there and then possible additional change in ownership financial interest and license transferability issues. So the change today is fairly simple But there are some more complex issues around financial interest and ownership that we may want to come back and address at a future date.

And finally, just the recommended actions are there. This is our first hearing where we're gonna waive reading of the ordinance in full and then we'll set a hearing for March 1st for the second reading and at that time do the CEQA determination. That concludes my presentation so I would be happy to take questions.

ElectedBob NelsonSupervisor, District 4Proposedvoiceprint 0.963:02:51 · ≈ 12:02 PM

Thank you. Supervisor Williams?

UnidentifiedUnidentified speaker 4Proposed3:02:55 · ≈ 12:02 PM

No, I thought through what it was and I think I answered my own question.

ElectedBob NelsonSupervisor, District 4Proposedvoiceprint 0.963:02:59 · ≈ 12:02 PM

All right. Supervisor Hart?

UnidentifiedUnidentified speaker 1Proposed3:03:01 · ≈ 12:03 PM

I appreciate all the staff work on these items. This is what the board was looking for and the change of ownership provisions are just the right kind of flexibility as a starting place. Regarding the processing, the staff report talks about there being now less than three acres available for processing in the unincorporated area. And removing the cap and its applicability to processing was really what we were looking for. We didn't want to have that be an impediment, but there remains a really difficult process to get to the finish line. Do you have ideas on how we can streamline that to actually realize the processing facilities which was the intent? Will this require amendments to Chapter 35 too in addition to the changes we're talking about here in Chapter 50?

In getting to where we really want to go, which is keeping processing in those parcels and the county realizing the revenue from

3:03 – 3:1010 turns

UnidentifiedUnidentified speaker 19Proposed3:03:58 · ≈ 12:03 PM

Thank you, Supervisor Hart through the chair. So this is the first step and we wanted to come back to quickly with at least a path forward which is to allow for the processing activities and to also get enough feedback from council to say yes, we can allow processing only facilities as well and permits. I'm going to let Director Plowman answer the second piece Because I think that's sort of a future to get to. Madam

CommentMadam ClerkProposed · by introduction3:04:34 · ≈ 12:04 PM

Chair, Supervisor Hart, the way our code is drafted now, Chapter 35, our definition of cultivation includes processing facilities and so we don't believe there's a needed change to Chapter 35 at this point. If people did come back in the future and wanted to add processing facilities where they currently did not exist as part of their permit, then we would have them submit a new application for that processing facility and we would process that separately.

UnidentifiedUnidentified speaker 1Proposed3:05:09 · ≈ 12:05 PM

Okay. And then I guess the ultimate pace of that change and being able to process those applications kind of gets back to the challenge with the sunset for the legal nonconforming in the new date that we're proposing, the June 22 date. I'm hearing that the log jam we have in building and safety is causing issues regarding getting people through the process, folks who are being diligent about that. It sounds like there's two categories of folks. There's people who are not trying, this has been a really long time and it's time for them to get out of the system. And then there are people who are trying but still having difficulties getting to the finish line on this timetable. Have you thought about How that is working. I know we asked about upstaffing and having extra people to make this work and where are we with that?

You know, I think the board was told by staff that you're cautiously optimistic about being able to process those applications on this time frame. Here we are more than halfway through that. Are you still cautiously optimistic or will we have a problem?

CommentMadam ClerkProposed · by introduction3:06:16 · ≈ 12:06 PM

Madam Chair, Supervisor Hart. I can tell you what we have done to improve the processing timelines. We have added staff extra help staff and we have also added consultants that are helping us move things through the process. I am hopeful that we will be able to meet that timeline. We are working closely, our building officials going out on some of these cannabis site visits to try and help them figure out what it is they need in terms of corrections to their projects or buildings etc.

So we're doing what we can and certainly will provide feedback to the CEO's office as we get more information We're always coordinating so that we can try and align everything.

UnidentifiedUnidentified speaker 1Proposed3:07:07 · ≈ 12:07 PM

That's really good to hear because that's the key, and you know I know that the state has a different date for its permitting process which i think is June of 23 or sometime out in 23 and did you consider aligning our dates with the state's date? It seems like it's tough call because I agree that we want to get people permitted and we want to end this non-conforming status On the other hand, we don't want to create Catch-22 where we're giving people a deadline that we can't internally meet. So that's the tension that I'm struggling with and want to think about other options that might make this work for the people who are being diligent and end it for people who are not.

UnidentifiedUnidentified speaker 19Proposed3:07:52 · ≈ 12:07 PM

Thank you, Madam Chair and Supervisor Hart. We did look at the deadlines that the state set forth and that is a consideration however we've had a longer timeline I mean when we've been at this for almost three years we feel like a June 30 deadline this year is going to motivate both sides right? Staff is gearing up To try and meet this deadline as well as the operators that is a consideration. I would be more comfortable with something still in the 2022.

calendar year. Honestly, we're just we're seeing a lot of inactivity on the on the side of the operators in response to requests that staff is making and I just I want to acknowledge the work that PND staff is doing. I mean their compliance staff has brought together fire and sheriff and the three of them are really working in a coordinated effort with building and safety to get these things Through the process, and I know it's hard. And I know it's been frustrating for some of the operators but I think we're at a really good spot now and they're being clear about what they need and it's clear in the ordinance. The sheriff cannot sign off until the safety infrastructure is implemented and it needs to be correct. We've gone out to sites where A fence is supposed to be six feet and it's five feet, two inches.

They built the whole fence! I mean you know these are things that these are things that are happening and it's not you know it's it's not everybody but we need to I think we need to set some deadlines because we have pressure from the other side as well. I know the operators are concerned about the date but we have the folks that are waiting on the wait list Other operators are saying, you know these guys have been operating forever. You know when is enough enough? So we're trying to come up with a solution that somewhere meets in the middle.

UnidentifiedUnidentified speaker 1Proposed3:09:51 · ≈ 12:09 PM

Is that additional six-month period for illegal nonconforming operators, is that intended to kind of get that you know to deal with those folks who might spill over so they get it to the end of the year?

UnidentifiedUnidentified speaker 19Proposed3:10:01 · ≈ 12:10 PM

Yeah it's sort of a grace period, right? It's like hey you have to cease operations but we're gonna allow you to stay on the eligibility list. We're not gonna kick you off. You're gonna secure your spot so you have this six months now you're not operating so all your energy can be on getting your business license and permit issued.

UnidentifiedUnidentified speaker 1Proposed3:10:20 · ≈ 12:10 PM

Thank you for the answers to those questions. Sure

ElectedBob NelsonSupervisor, District 4Proposedvoiceprint 0.963:10:23 · ≈ 12:10 PM

Supervisor Labanino and then Nelson

3:10 – 3:1919 turns

ElectedSteve LavagninoSupervisor, District 5Proposedvoiceprint 0.813:10:28 · ≈ 12:10 PM

Thank you Madam Chair. So Brittany, first I just want to say you have really taken this program and crushed it so not in a bad way in a good way see yeah I really appreciate all the work that's going into this but I think I have the same issue as Supervisor Hart is I have to see a breakdown of really what that looks like because it sounds like the 15 operators you might be having a handful of one and a handful of another. And I don't really think we should be, we need to treat these people the same way. I mean, I totally agree with you that if you aren't permitted by June 30th, you know, you gotta shut down. But if we're permitted and we're in the acreage cap and they're ones that are trying to get through the system, um, I think we'd be, you know, while we're motivating them We're damaging ourselves at the same time.

So there's something we gotta weigh in this. I mean, 222 acres, 15 operators if they cease in June, we're gonna really have to take a look at how that affects us as well and those are things Mr. Frapwell also has to look at. So I need to get a better sense of if somebody is in this system right now, they've got a permit under the cap How many of these 15 do you anticipate that we could get through this system so that if they're doing what they're supposed to be doing, which we expect them to do and staff's doing what they're supposed to be doing. Are we going to get five of them through or are we gonna get 10 of them through? Do we have the ability to get all of them through?

I guess Greg asked the same question. I'm not sure I'm comfortable with a June 30th date if get all this work done. I know we all have the same goal, but I want to see I want to see us with the ability to be able to push these people through have all their appeals been exhausted 2 of the 15 so I mean are they are they all the way through the system?

UnidentifiedUnidentified speaker 19Proposed3:12:42 · ≈ 12:12 PM

Thank you Supervisor Levin through the chair. I believe two of the fifteen

ElectedSteve LavagninoSupervisor, District 5Proposedvoiceprint 0.813:12:48 · ≈ 12:12 PM

Okay, so definitely those folks aren't getting through

UnidentifiedUnidentified speaker 19Proposed3:12:51 · ≈ 12:12 PM

one of them. You're going to hear today though

ElectedSteve LavagninoSupervisor, District 5Proposedvoiceprint 0.813:12:52 · ≈ 12:12 PM

okay?

UnidentifiedUnidentified speaker 19Proposed3:12:53 · ≈ 12:12 PM

So yeah,

ElectedSteve LavagninoSupervisor, District 5Proposedvoiceprint 0.813:12:54 · ≈ 12:12 PM

so So those projects, I don't think would have how long does it take at this point to get a business license after you know once if you've got your permit. You get approved what would it take to get a business license time wise?

UnidentifiedUnidentified speaker 19Proposed3:13:08 · ≈ 12:13 PM

It varies we've had operators get through the system in 90 days. We have some that have been in the process for a year when it comes to legal nonconforming The timelines seem to be longer because there are some issues with existing buildings and things that need to be worked out. And also, again, because the turnaround and the motivation seems to be a little less prevalent than when you have a new operator that doesn't have any plants in the ground. There's a big motivation to get your license.

ElectedSteve LavagninoSupervisor, District 5Proposedvoiceprint 0.813:13:47 · ≈ 12:13 PM

Well, I totally support that. What this board has tried to do is say those that are trying to get done and trying to follow the rules. This is a complicated system, it's not an easy path. So for us to say you know it takes two years or it's taken three years, it does. And unfortunately we've kind of built that in ourselves when we first created the ordinance and appeals and all those things does take a long time.

But I don't want to cut off my nose to spite my face, to punish somebody that is still trying to get through this system. But I also don't want lingerers and I don' t know...I don't have the hands-on to know like you do out of those 15 which are the ones that are paying and which ones are trying to do what we're supposed to be doing. So I don''t know how we figure that out Is there a golden bullet that you can look at these and say, yes, these ones have activity they're moving.

I mean the last thing I want is legal nonconforming that isn't going to get through the system because as you said, I think the other side of this people aren't thinking about. There are people on the eligibility list that want to get in here and do something and this person here is holding up empty space so

UnidentifiedUnidentified speaker 19Proposed3:15:06 · ≈ 12:15 PM

That's right, we do. Thank you Supervisor Levin. We do have operators on the wait list and more coming every day as more permits get approved. And they're highly motivated and ready to go without walking through each individual operator and I'm not going to do that today but I have talked to planning staff And you know, we had kind of a sit down. Hey how many of these do you think we can get through through June 30th? I think two-thirds are realistic. I think there's probably five or six that just they've been inactive. We've you know six since they had it got an approved permit. They met that deadline. You know they're there. That's a milestone.

This could be the motivator that gets them there. And then we have a few that are, there are things that are outside of their control like they're working with PG&E to get electrification. That's a long timeline. It's unclear how long that will take. And so in those instances, you know there's just there's no perfect solution to this and in those instances we don't. This particular proposed amendment doesn't build in a lot of flexibility other than that additional six months so they cease operations but then they still have the six months.

Well

ElectedSteve LavagninoSupervisor, District 5Proposedvoiceprint 0.813:16:26 · ≈ 12:16 PM

let me ask you it sounds like on those five or six that even if it went to December you don't think they'd make it through anyway?

UnidentifiedUnidentified speaker 19Proposed3:16:33 · ≈ 12:16 PM

Yeah I'm not sure

ElectedSteve LavagninoSupervisor, District 5Proposedvoiceprint 0.813:16:34 · ≈ 12:16 PM

okay

UnidentifiedUnidentified speaker 19Proposed3:16:34 · ≈ 12:16 PM

I'm

ElectedSteve LavagninoSupervisor, District 5Proposedvoiceprint 0.813:16:37 · ≈ 12:16 PM

Okay, I don't think I'm comfortable with June but I don't think December is the answer either so maybe somewhere in between. I don't know but well I'll have to hear from everybody else too.

ElectedBob NelsonSupervisor, District 4Proposedvoiceprint 0.963:16:46 · ≈ 12:16 PM

Supervisor Nelson?

UnidentifiedUnidentified speaker 7Proposed3:16:49 · ≈ 12:16 PM

Yes um processing is still something I'm trying to get my arms wrapped around. So now that we now take that away from the cap Does our processing required that there's a there's cultivation on site or can it be a standalone processing? Except that's important, because then I think if that's the case, then we're only limiting processing to existing. Cap members is that is that correct?

UnidentifiedUnidentified speaker 19Proposed3:17:19 · ≈ 12:17 PM

There was a thank you Supervisor Nelson through the chair. There was some confusion about that. There are some uniform codes out there that. That talk about cultivation 10% of Being from the property where the processing is exists. But looking at the language more closely and how we define cultivation, and because the activities are listed with an or. We the interpretation is that we can allow for processing only facilities outside of an area that does not have cultivation planting harvesting and growing so they don't have to have things growing on the property in order

UnidentifiedUnidentified speaker 7Proposed3:18:03 · ≈ 12:18 PM

Okay, I think that's very helpful for that clarification. And then I guess getting back to the cap and looking at it in the future future amendments. What we're limiting that is potentially not cannabis related, like the roads and other parts of the project that are part of the cap and just don't quite make sense. I understand we came up with a number before but I'd really like to see better data on what's actually cannabis cultivation and actually cannabis operations and look at those numbers. And that doesn't mean necessarily We get rid of some of these cannabis operation stuff to add to the cap, but maybe there's some type of compromised position where we actually maybe lower the cap. But in some way get a little bit more heavier and getting more in concert with the state definition because I think some of things that we've done have not led to better projects.

And because we're chasing around different numbers and want to make sure that some projects want to maximize their square footage and profitability. That's gotten caught up in here, so that's something I'm interested as we move forward with the future amendments to Chapter 50.

3:19 – 3:2610 turns

ElectedBob NelsonSupervisor, District 4Proposedvoiceprint 0.963:19:36 · ≈ 12:19 PM

Supervisor Williams?

UnidentifiedUnidentified speaker 4Proposed3:19:38 · ≈ 12:19 PM

Well, first of all I wanted to weigh in on the non-conforming date. I think a non-conforming date that's sooner rather than later is really important to get these projects moving. I think the ones that won't make the date in the inland area are generally ones that are not responding to staff requests for more information. I don't think we want to aid and abet that behavior when there are motivated folks who are willing to do the work to process their permits.

I don't think that's in the county's interest and it, you know—I think it is in our interest to get out of the non-conforming regime as quickly as possible. I think the protections of having to get your plan processed and the safeguards of our P&D process is better than the safeguards under the non-conforming regime. And so making that transition as quickly as possible, I think is needed.

Believe me somebody will come forward and they'll try to make a case to change it. But I think it's better to have a good date now, get it moving than to have a permissive date or no date at all. On the changing the cap, I don't think we should mainly because of how small The differences with processing, I mean we're talking about a handful of acres. So you know I don't know if that's but the numbers I saw were collectively didn't even make it to 10 so I don't see and that's in both portions combined.

This is not about, as unfortunately has been characterized by some, this is not about sidestepping the cap. This is about the county capturing revenue. We want processing in the county not to be trucked back and forth all over the place. And we don't want it because at first we were ambivalent because we didn't know well maybe having processing elsewhere will help odor. It doesn't.

So there's really no functional reason to have processing elsewhere if we want to capture the public benefit.

ElectedBob NelsonSupervisor, District 4Proposedvoiceprint 0.963:22:16 · ≈ 12:22 PM

So I agree very much with what Supervisor Williams said about the legal non-conforming, I think we've been very permissive and there's been a long opportunity for them to comply and they've Profiting in the meantime, so I very much support what you're suggesting. It's time to have clarity for these legal nonconforming it's time to be done with it. And I think your approach is good.

I have questions about the processing. You say that with the effective date of the ordinance, you will evaluate existing licenses in acreage and then within the cap and determine how much is free. Can you talk More about this acreage, how much processing now? How much we anticipate in the future. How much acreage would be freed for greater cultivation? I'm not sure we have an answer to that question.

UnidentifiedUnidentified speaker 19Proposed3:23:20 · ≈ 12:23 PM

Thank you Chair Hartman. That's the three in the inland area. That's the three acres that we talk about so right now With all of the applicants that are on the eligibility list in the cap, there's only a total of a little less than three acres that's in processing. Currently? Currently.

ElectedBob NelsonSupervisor, District 4Proposedvoiceprint 0.963:23:40 · ≈ 12:23 PM

And we want more.

UnidentifiedUnidentified speaker 19Proposed3:23:41 · ≈ 12:23 PM

So and we want more so that less than three acres would you know for lack of a better term be freed up now as far as future I don't know it depends on how many applicants come forward I think that we are already starting to see some processing only applications or at least some inquiries into P&D. I don't know if Director Plowman has heard staffs, they've definitely had some sit downs with a few operators that are interested. They still have to go through the process as Supervisor Hart was alluding to and so it's not a huge stampede of folks coming in.

It's the ones that have been already thinking about this and planning for it, and they just couldn't do it because the cap had been reached. And now they're saying oh wait I have an opportunity I'm going to come in and see how I can make this happen but I don't have an idea of what that how much acreage that would take up processing facilities generally unless you know unless someone wanted to establish a bigger one that might accommodate several of the grows in an area where it would be allowed.

These facilities are 25,000 square feet or less than just a fraction of an acre. They're a building where they can bring their product and dry it, cure it, trim it. And

ElectedBob NelsonSupervisor, District 4Proposedvoiceprint 0.963:25:03 · ≈ 12:25 PM

the drying can take a fair bit of electricity? It depends I think. Madam Chair. Processing, I mean I at least know one facility where that's the case.

CommentMadam ClerkProposed · by introduction3:25:15 · ≈ 12:25 PM

Yeah madam chair it really depends on their process some people are freezing and some people air dry so it would depend on the application that we would receive

ElectedBob NelsonSupervisor, District 4Proposedvoiceprint 0.963:25:25 · ≈ 12:25 PM

Okay, so at this point we have about three acres. We don't know how much additional but you think it would be de minimis and we're also thinking about or the way you are interpreting our current ordinance that processing only would be allowed so we could see cannabis coming up into new areas in the county where we haven't already approved cultivation just for processing is that correct?

UnidentifiedUnidentified speaker 19Proposed3:25:54 · ≈ 12:25 PM

Chair Hartman, as long as it's zoned properly I think that would be allowed.

not transcribed≈8s of audible speech the AI couldn’t make out▸ listen

3:26 – 3:3414 turns

ElectedBob NelsonSupervisor, District 4Proposedvoiceprint 0.963:26:07 · ≈ 12:26 PM

And what's concerning to me is that we do this here in the business license and I don't really have much understanding of how we control the odor and the activities, traffic etc. with with an application for processing buildings so maybe Director Plowman you could walk me through that Is it simply an LUP and we don't have discretion? And how much odor? I really think, here's my frustration. Maybe you have all the answers but we've dealt with these ordinances in different pieces and we don't have a good sense or haven't in some cases How they integrate and what I'm looking at today doesn't, I don't fully understand how the land use is going to integrate with allowing more processing for the bills under the cap or outside of the cap.

CommentMadam ClerkProposed · by introduction3:27:06 · ≈ 12:27 PM

Sure, Madam Chair. So if somebody were to come in with an application for just processing as Ms. Heaton indicated we could accept that application currently it would require a land use permit and we have standards about odor abatement that has to be part of a processing facility that was built into the code by the board maybe a year plus ago So we added that component.

We will be coming back to the board this fall with changes in the code, Chapter 35, that are going to require a CUP for cultivation in the future. So future applications would be subject to a CUP if somebody came in today with a processing facility and we could process it and got all the way through the permit process before the CUP then it would be allowed with an LUP but My guess is based on the size of 25,000 square feet it'll require some time to process that application. So there could be a number of them that would be caught by the CUP which is a little bit different.

ElectedBob NelsonSupervisor, District 4Proposedvoiceprint 0.963:28:19 · ≈ 12:28 PM

I still don't have a sense of how neighbors would be Say an Ag-2 property, processing only near neighborhood. I mean the processing is the most odor producing, is it not? And we don't have regulations for odor on Ag-2 so what can you allow in terms... What can we regulate or prevent in terms of odor production from processing?

CommentMadam ClerkProposed · by introduction3:28:54 · ≈ 12:28 PM

So Madam Chair, so the way the code is written right now we do require them to abate their odors and some of them have opted for internal facilities. In particular in Carpinteria some people are using negative pressure and carbon filters and so those types of things can be used internally. Some people have opted for the I'm sorry. The vapor phase, thank you. Vapor phase systems on the outside. But that's correct. The way the code is written is they have to avoid odor from being experienced in residentially zoned properties. That's the way the code currently... And that

ElectedBob NelsonSupervisor, District 4Proposedvoiceprint 0.963:29:42 · ≈ 12:29 PM

applies just to processing and that would apply to Ag-2 lands as well?

CommentMadam ClerkProposed · by introduction3:29:47 · ≈ 12:29 PM

Because processing is part of the definition of cultivation Yeah, that's what worries me. So that is how the code is currently constructed?

ElectedBob NelsonSupervisor, District 4Proposedvoiceprint 0.963:29:59 · ≈ 12:29 PM

So you can cultivate without odor abatement in Ag 2 as long as it's not adjacent to an urban boundary or okay so for me this is a no-go until this gets changed. That's just not right. Supervisor Lavinino

ElectedSteve LavagninoSupervisor, District 5Proposedvoiceprint 0.813:30:31 · ≈ 12:30 PM

I want to go back to the sunset date. We're having all this discussion about processing right now. And I think the reason why we are having a discussion about processing right now is because we made decisions on this dais without really the fiscal. We didn't have the entire picture, we looked at one portion of it and we made a decision that negatively fiscally impacted us very significantly and now we're trying to go back and undo it but I think we're doing the same thing today where we're looking at this date and we're saying Okay, let's arbitrarily set a date without any fiscal impact analysis that's attached to it. I think you have to have the whole picture so I'm kind of frustrated with that.

ElectedBob NelsonSupervisor, District 4Proposedvoiceprint 0.963:31:19 · ≈ 12:31 PM

So we have CEO Miyasato and then County Council.

UnidentifiedUnidentified speaker 3Proposed3:31:23 · ≈ 12:31 PM

Supervisor Lavinia through the chair. I think staff has been discussing it before the board hearing and during about the date maybe Mr. Frappel can speak to some of the things they're thinking of and maybe addresses some your questions.

UnidentifiedUnidentified speaker 20Proposed3:31:39 · ≈ 12:31 PM

Chair Hartman and Board of Members, you know as staff in preparation for our report today we had a lot of thought. We went back and forth on various dates and what is the right date? You know where does the right balance between incentivizing but not punishing those applicants that are doing everything they can to move through the process which we know is a difficult process. We're sensitive to that We think June 30 is probably the right date. Although, you know, the other date that if I was doing a straw poll, the other day that we were contemplating this really September 30th.

What that does and I think one of your questions Supervisor Lavanier earlier was do we have the capacity at the staff level to process these? If the applicant is just doing everything they can to move it forward, do we as a staff, can't we do that? I think the answer is we believe we could by June 30 but we would feel more comfortable And that in an October 1st or September 30th deadline. The other thing that does is provides us an opportunity to come back to your board should that date look problematic and if we really do have applicants that are doing everything they can, and some of the things that are outside their control, we could come back and extend that date for your board. And so that would be something that you could consider if we set a September date today, if your board is inclined, we would probably come back give your board update on how we're doing on those 15.

We think probably as Ms. Heaton said two-thirds of them I think should be able to get through there may be a few that frankly regardless of what date was set may not be successful at the end. So that I think would also allow us to bring back to the board kind of the fiscal impact of that decision so you can take that into consideration as you are looking at this larger picture.

ElectedBob NelsonSupervisor, District 4Proposedvoiceprint 0.963:33:43 · ≈ 12:33 PM

So the date you are proposing? I

UnidentifiedUnidentified speaker 20Proposed3:33:46 · ≈ 12:33 PM

am suggesting Supervisor Harmon that you could use September 30th I think that is still a clear signal from your board that we want the applicants to be responsive, to do everything in their power to get there. In setting the June 30 and December date, that period, is we're allowing people to continue to go through the process but But not the deceased operations during that period. So if you moved it to September 30th and December 31st, you'd have that three month kind of additional cushion.

ElectedBob NelsonSupervisor, District 4Proposedvoiceprint 0.963:34:32 · ≈ 12:34 PM

County Council?

3:34 – 3:3920 turns

UnidentifiedUnidentified speaker 8Proposed3:34:37 · ≈ 12:34 PM

Thank you Madam Chair. If the board is completed with questions I just wanted a reminder about public comment.

ElectedBob NelsonSupervisor, District 4Proposedvoiceprint 0.963:34:44 · ≈ 12:34 PM

Supervisor Williams?

UnidentifiedUnidentified speaker 4Proposed3:34:48 · ≈ 12:34 PM

Yeah, I wonder why we just couldn't bifurcate the ones who are headed towards being permitted and the ones that aren't.

ElectedBob NelsonSupervisor, District 4Proposedvoiceprint 0.963:34:58 · ≈ 12:34 PM

That's what they attempt to do, I believe.

UnidentifiedUnidentified speaker 4Proposed3:35:02 · ≈ 12:35 PM

But in terms of what the end date is? They'll both have the June date under this recommendation. It's just that ones that are getting permitted get to stay in the queue for another six months, right? I mean, I'm saying having 2 different dates.

ElectedSteve LavagninoSupervisor, District 5Proposedvoiceprint 0.813:35:19 · ≈ 12:35 PM

That's that's what I'm trying to say is there should be a difference so she it is the same date but then they would still have 6 months if they were permitted to be able to still get their business license. Correct.

UnidentifiedUnidentified speaker 19Proposed3:35:32 · ≈ 12:35 PM

So Chair Hartman and Supervisors William and Lavendino, everyone on the eligibility list has an approved land use entitlement so they have an approved permit may not be issued yet but it is approved So those 15 operators all have approved permits. Some of them have issued permits even, so they should be able to achieve this date pretty easily and then again we talked about one being or two being an appeal but the date applies would apply to all of them right? They all have an approved permit.

The date also applies to those who don't have an approved permit who aren't on the list that we established last time. You're suggesting a different date for these folks that have an approved permit instead of the June 30. It would apply to all 15.

UnidentifiedUnidentified speaker 4Proposed3:36:26 · ≈ 12:36 PM

If you if you feel like the thing, the issue is taken care of with the six months then I'm fine with that. I was just presenting another alternative which would be they so as I understand it, the recommendation says you have to cease operating at the end of June and you could have That you have to cease operating if you don't have a completed permit or some other metric to be able to differentiate from those that are headed towards

ElectedBob NelsonSupervisor, District 4Proposedvoiceprint 0.963:37:04 · ≈ 12:37 PM

being permitted. If I might, could we go to public comment? I think we have to

ElectedSteve LavagninoSupervisor, District 5Proposedvoiceprint 0.813:37:09 · ≈ 12:37 PM

clear that issue up though. I want to make sure he's so does all of these 15 are permitted So those other

UnidentifiedUnidentified speaker 4Proposed3:37:17 · ≈ 12:37 PM

ones are the 6th correct? No, we'd still need to pass this in order to make sure the ones that aren't permitted have to cease operations.

ElectedSteve LavagninoSupervisor, District 5Proposedvoiceprint 0.813:37:25 · ≈ 12:37 PM

No

UnidentifiedUnidentified speaker 4Proposed3:37:25 · ≈ 12:37 PM

they already

ElectedSteve LavagninoSupervisor, District 5Proposedvoiceprint 0.813:37:26 · ≈ 12:37 PM

we

UnidentifiedUnidentified speaker 19Proposed3:37:26 · ≈ 12:37 PM

already did that last time and

ElectedSteve LavagninoSupervisor, District 5Proposedvoiceprint 0.813:37:28 · ≈ 12:37 PM

so six or seven are out and

UnidentifiedUnidentified speaker 19Proposed3:37:30 · ≈ 12:37 PM

they've been notified and

ElectedSteve LavagninoSupervisor, District 5Proposedvoiceprint 0.813:37:32 · ≈ 12:37 PM

I've heard from them. But

UnidentifiedUnidentified speaker 19Proposed3:37:36 · ≈ 12:37 PM

we do differentiate between an approved permit and issued permit. We didn't contemplate this but if you're saying hey, maybe the deadline is by June 30 you have to have your permit issued because that is what we are hearing from planning and development That people aren't making progress to get toward their issued permit. I'm not sure we didn't, we didn't contemplate that. I haven't talked, you know, talk to council about that but there are things that people need to do between approval and issuance because once you have an issued permit your pretty clear right? That's the big hurdle so that's something potentially we could look at because we do make that differentiation in our county between approval and issuance

CommentMadam ClerkProposed · by introduction3:38:25 · ≈ 12:38 PM

Matt. Go ahead, Madam Chair, Supervisor Levin you know so there's a There's a whole lot of things going on around this, right? There are non-conforming operators that have structures and things on their property that need to be addressed. We have non-conforming operators that in some cases built buildings in slightly different locations and didn't build the right fence height and haven't been able to get things clear with the sheriff. And then you have some that are moving more simply through the process.

Then we have the issues that we've had going on in building and safety because of the transition we had to make during COVID this online processing. So I think what my concern is, is that I do not want the issues that we are facing in planning and development that we're trying to fix, to be a cause of somebody not being able to get their business license. And so when I have coordinated with staff, I thought the option of September 30th would give us a little bit of breathing room so that I can make sure that building and safety gets these things through the process.

3:39 – 3:4611 turns

ElectedBob NelsonSupervisor, District 4Proposedvoiceprint 0.963:39:43 · ≈ 12:39 PM

Okay, so we'll go to public comment. And

UnidentifiedClerk of the BoardProposed · by role3:39:48 · ≈ 12:39 PM

our first speaker

ElectedBob NelsonSupervisor, District 4Proposedvoiceprint 0.963:39:49 · ≈ 12:39 PM

Madam Clerk?

UnidentifiedClerk of the BoardProposed · by role3:39:50 · ≈ 12:39 PM

Yes Chair Hartman and members of the board we have seven requests to speak on this item and

ElectedBob NelsonSupervisor, District 4Proposedvoiceprint 0.963:39:55 · ≈ 12:39 PM

so I

UnidentifiedClerk of the BoardProposed · by role3:39:55 · ≈ 12:39 PM

will close the queue for public comment at 7 and we will go to Zoom for Amy Steinfeld to be followed by Hank Blanco. And Amy, we have unmuted you on our end if you can unmute. There you go. Thank you.

PresenterAmy SteinfeldNorth County Farmers GuildProposedself-stated3:40:19 · ≈ 12:40 PM

Okay. Thank you.

UnidentifiedClerk of the BoardProposed · by role3:40:21 · ≈ 12:40 PM

Hi,

PresenterAmy SteinfeldNorth County Farmers GuildProposedself-stated3:40:22 · ≈ 12:40 PM

I'm Amy Steinfeld and I'm here on behalf of the North County Farmers Guild. Our members are outdoor cannabis farmers primarily in North County. First, we want to thank staff for all of their work on the proposed amendments to Chapter 50 We support the proposed amendments that will allow the licenses to be transferred. And we agree with that a cannabis farmer should be able to change ownership and accept new investments, and also continue operating while the new application is pending if they are fully compliant with all rules.

Likewise, the new operator should be assured they're not at risk of losing the project spot in the cap if they meet both the county's and the state stringent disclosure requirements and background checks. So we agree with the proposed amendments as written. Second, we support the county removing processing from the cultivation cap. As we heard in North County there's a huge shortage of processing facilities due to the unintended consequences of the cap which really created a race to get in and many of our members eliminated processing buildings to ensure that they would meet the cap.

So we feel like this amendment will benefit both the county and the industry by ensuring that more taxes stay in the county because dried cannabis fetches a higher price than wet cannabis It will also decrease truck traffic and reduce greenhouse gases by reducing the amount of cannabis leaving this county and being shipped, often hundreds of miles away. We also support the opportunity to develop processing only projects. I do want to quickly address odor. Our members and our clients are looking at processing projects that are fully sealed indoor with state-of-the-art odor control so we do not believe that these facilities will create an odor.

And lastly, I want to address the sunset date for legal non-conforming users which is as we know set at June of this year. Because the building permit process and the business license process are onerous and time consuming, and then we add in pandemic related supply shortages to get actual building materials, the legal non-conforming growers need a bit more time to obtain their licenses because as you know this can only be done after the project is fully constructed and requires numerous five or six departmental site visits that are sometimes just hard to schedule because of COVID.

For the legal non-conforming growers that are active and diligently moving forward, they need just a bit more time. So we ask the sunset date for the business license approval be extended into 2023. This would also align with the state's process for state provisional licenses. Thank you. Thank you.

UnidentifiedClerk of the BoardProposed · by role3:42:54 · ≈ 12:42 PM

We will now go to Hank Blanco to be followed by Nancy Emerson. And Hank, we have unmuted you on our end if you can please unmute on your end.

CommentHank BlancoProposedself-stated3:43:12 · ≈ 12:43 PM

Thank you. Can you hear me? Yes, yes. Thank you so much good afternoon honorable supervisors and staff. My name is Hank Blanco I own a property on Sweeney Road in the unincorporated area of Lompoc I applied for a 13 and a half acre cultivation project in early 2020. And notwithstanding the fact that fire department had approved access to my property, the county placed an application on hold in the summer of 2020 because of an easement access issue that will be resolved shortly.

For that reason, my cultivation project missed the deadline for placement on the business license quote eligibility list end quote. While I'm still interested in working with the county to pursue the cannabis cultivation, I also want to proceed with a processing only facility accordingly. I am here today to support the proposed amended language which would resolve excuse me remove processing from the cap I've been watching the cannabis industry for some time, and it's clear that the county has a shortage of processing facilities which has led to countrywide impacts. Accordingly, I fully support the county's efforts to now address these issues by vertically integrating every aspect of cannabis operations from seed to final product in order to reap the maximum benefits of the legal cannabis industry.

These amendments are a win-win for Santa Barbara County and industry for many reasons. First, processing will retain tax revenue within the county because currently substantial revenue as we all know, processing product is diverted out of the county for lack of processing facilities to meet the increasing local demand. Secondly, additional processing facilities reduce greenhouse gases by reducing vehicle trips associated with moving wet product Out of the county facilities, often hundreds of miles away.

Third adding additional local processing facilities will protect the quality and value of cannabis in closing I would like. In closing forgive me, I plan to process cannabis in an existing 14700 square foot 90% finished sealed building with odor abatement and because My building is located on Ag-2 parcel with no nearby residential neighbors. My project is ideally situated as such processing facility in the Lompoc region would be compatible with the surrounding uses in this area and support our vibrant cannabis industry. Thank you very much for your time.

3:46 – 3:5411 turns

ElectedBob NelsonSupervisor, District 4Proposedvoiceprint 0.963:46:06 · ≈ 12:46 PM

Thank you, Mr. Blanco.

UnidentifiedClerk of the BoardProposed · by role3:46:07 · ≈ 12:46 PM

We will now go to Nancy Emerson to be followed by David Cleary.

UnidentifiedUnidentified speaker 15Proposed3:46:16 · ≈ 12:46 PM

Good afternoon, I'm Nancy Emerson speaking as an individual and a Solvang resident. I looked at the Land Use and Business License Ordinance for information about processing. It was only mentioned once as a definition in the land use ordinance and it wasn't mentioned in the business ordinance. So if you separate processing from cultivation, then you need to develop regulation for it.

Won't a new cap for processing be needed? Supply and demand with cannabis is not working too well. How much offsite cannabis can be processed on a given site? Where will you allow it if you allow it on Ag-2, then you need some regulations regarding odor buffers and using fully enclosed buildings. Am I correct that it can be either part of a cultivation project or a standalone project?

We also need strong odor control requirements, even though the odor in a closed building is more controllable than outdoor cultivation. There will be some odor from cannabis transport that needs to be controlled. So I'm concerned about implementation And what's needed before you start implementing this? And I hope you'll seriously consider that question. Thank you.

ElectedBob NelsonSupervisor, District 4Proposedvoiceprint 0.963:47:56 · ≈ 12:47 PM

Thank you, Ms. Emerson.

UnidentifiedClerk of the BoardProposed · by role3:47:58 · ≈ 12:47 PM

We will now go to David Cleary to be followed by Ted Fox. David?

UnidentifiedUnidentified speaker 21Proposed3:48:06 · ≈ 12:48 PM

Yes. Can you hear me? Can you hear me? Yes we can. Okay, yes. I join with the chorus of opposition to the proposed amendment for several reasons. It appears to establish an open-ended legalization of standalone processing facilities without any clear cut limitations This is to open a Pandora's box and a serious blow to the cap. Legalization of the sale of commercial cannabis business licenses with minimal conditions, this has not been adequately explored. It is unreasonable to treat commercial cannabis business licenses as if they were part of an ordinary business. They are more akin to businesses related to the sale of alcohol. The proposed amendments are inadequate.

The sunset of legal non-conforming status for commercial cannabis operations. If the county adheres strictly to this part of the amendment, if enacted it will be very welcome. Enough is enough for these unregulated largely non-tax paying entities and individuals whose legal non-conforming status is often based on false qualifying affidavits It is disconcerting to find language in the staff letter that refers to efforts to meet additional stakeholder concerns in the future.

It appears that the CEO's office principal cannabis and analyst considers only the industry representatives as stakeholders See board agenda letter, page five bottom section titled future amendments. The rest of us in the community at large are also stakeholders and our input and considerations or consideration in the business license process including amendment proposals resembles more a black hole for our concerns with virtually no public input. One thing I was just recently advised about was apparently as reflected in a February 6, 2018 board letter.

The board does require in AG-1 zones that a DBP for processing buildings greater than 20,000 square feet is required so I haven't had the chance to verify that but I would like to bring it to your attention. Thank you for your consideration and patience.

UnidentifiedClerk of the BoardProposed · by role3:50:32 · ≈ 12:50 PM

We will now go to Ted Fox to be followed by Leo Welder. Ted?

PresenterTed FoxCompliance at Pearl FarmsProposedself-stated3:50:41 · ≈ 12:50 PM

Thank you, can you hear me?

UnidentifiedClerk of the BoardProposed · by role3:50:42 · ≈ 12:50 PM

Yes we can please proceed.

PresenterTed FoxCompliance at Pearl FarmsProposedself-stated3:50:45 · ≈ 12:50 PM

My name is Ted Fox and I'm Vice President of Compliance at Pearl Farms. I'm speaking in opposition to the proposed overly aggressive deadline to sunset legal non-conforming operations set to expire on June 30th 2022 When this deadline was first suggested by the Board of Supervisors in November, we were told it targeted legal non-conforming operations that had not received their land use permit and missed the camp.

Since then, changes in the proposal would expand June 30th sunset date to operators such as ourselves that already received our land use permit and are aggressively in the process of fulfilling our conditions for these LUPs to complete their process. This proposed change to operators such as ourselves is yet another example of the county moving the goalpost on us and changing the rules in midstream This is the facts. Many of us that have recently received our LUPs are in the business licensing process, are engaged with outside vendors to obtain as-built permits for unpermitted work at our facilities. Keep in mind much of this unpermitted work took place years and sometimes decades before we took possession We are also engaged with biologists and engineering firms to properly align the cultivation areas with state and county regulated setbacks for fencing requirements.

This work requires on-site satellite surveys to correctly mark the cultivation areas for the required setbacks, and Ms. Heaton talked about if you get these things wrong, you're gonna have to pull up the fences. For instance, fences only being five foot two inches A number of us are also currently engaged in expensive engineering design firms and septic field installers to replace older systems with entirely new ones.

Landscaping plants designed to provide visual privacy for five years requires additional outside vendors such as landscape architects and security bonding. These are just a few of the projects that are required to complete in order to receive our business license. All of these projects require final inspection and approval from various cross-functional county departments, including building permits, environmental health and safety, Santa Barbara Sheriff's, Santa Barbara Fire, flood control and planning and development.

Based on our own personal experience, it took us three and a half years of county review in four separate feedback letters to obtain our land use permit. It wasn't us dragging our feet, we had to respond to separate feedback letters. What it showed was that the wheels of the county's regulatory review process grinds very slowly. We would respectfully request that you extend this deadline to 2023. Thank you very much.

UnidentifiedClerk of the BoardProposed · by role3:53:53 · ≈ 12:53 PM

Thank you. We will now go to Leo Welder, to be followed by Mark Shatillo who is our final speaker. Leo?

3:54 – 4:003 turns

CommentLeo WelderProposedself-stated3:54:04 · ≈ 12:54 PM

Hello can you hear me? Yes we can. Great my name is Leo Welder and I'm the co-founder of Beta Scientific a local Lompoc based cannabis testing lab The reason I'm calling is I'm extremely concerned about the fallout that would occur should the county decide to set a date of June 30th, 2022 by which they will shut down the legal non-conforming operators that aren't able to acquire their annual license.

This date is only four and a half months from today given the pace of the regulatory process in all segments of this industry. Four and a half months is a blink of an eye and it is obvious that several of these farmers cultivating millions of square feet of cannabis Thank you, Mr. Mayor and members of the Board of Supervisors. I would like to begin by acknowledging that we are in a difficult time right now with COVID-19. We have been able to reach our goal of 200 acres is nearly 9 million square feet regardless of the quality of their teams or operations will not be able to reach this goal in time. I cannot overstate the amount My understanding is that they will be forced to restart their state applications because their previous applications would no longer reflect the current state of their operation.

The secondary impact of the June 30th sunset date would set back their state application process for at least a year, which would knock them out of their place in line in the county's cap. Given the severity of all of this who knows what these farmers and operators will do to protect their operations and investments? Uncertainty is the enemy of any business and any industry. So the businesses will be forced to seek a path that they can control, and none of us know what that is.

They may decide the risk is too high and leave the county. They may seek a legal remedy. If they don't do something many will declare bankruptcy. The only thing that is certain is that creating this sunset date will create a tremendous amount of fear and uncertainty. You may wonder why a testing laboratory in Lompoc is speaking passionately on this topic Considering that our licensing isn't affected by this rule, it is not complicated. The reason we invested millions of dollars into our facility and operation in Lompoc, nearly all of which has gone to creating new local high-paying STEM jobs and building a first class analytical testing laboratory in Lompoc.

The reason we made this investment in Santa Barbara County was because of the high quality farms they cultivate here in the county. But passing this rule put us, put all of us in that same extremely uncertain and high risk position Further, this uncertainty will certainly cause prudent businesses to freeze any investment in processing or drying operations that are considering investing in Santa Barbara County.

In summation, passing this rule will create massive uncertainty for everyone in the industry, put all of our investments as well as the jobs we've created at risk and freeze most if not all future investment in Santa Barbara's cannabis infrastructure. I implore you to push out the sunset date to a more realistic timeframe. I'm not asking that you remove the sunset date just one that all the quality operators We appreciate the opportunity to address the board on these important issues.

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UnidentifiedUnidentified speaker 22Proposed3:57:33 · ≈ 12:57 PM

A regulatory program that has been continually in evolution. And I'll speak first to the sunset provisions, which we support as proposed as being a necessary action in order to shut the door on non-conforming uses. Noting that many of these non-conforming grows were based on flimsy affidavits and have experienced expansions that are otherwise impermissible but have been tolerated by the county.

We think that it is appropriate to retain the June 30th date to close the door and ensure that the industry makes its transition to a legal and responsible industry. Based on that, we do support the June 30th date. Interesting staff proposal that that would be a cut off for the dates that permits must be issued by that date. That would make effective the conditions in those permits by June 30th which would actually be helpful in terms of achieving additional compliance and giving the county enforcement tools.

Turning to the cap issues in Carpinteria, the coalition's position is that there should be no backsliding that adds additional acreage to the cannabis cap. The three acres in the context of the inland area is relatively insignificant but now we're hearing that seven acres have increased in Carpinteria Represent about, about a 4% increase in the acreage. And so that gives us concern and we do not support the changes which don't back off the amount of acreage that are otherwise dedicated to processing.

Regarding the transfer of interests, the ordinance as it's currently drafted requires reporting and approval for anything over a 10% change in ownership interest The change that the staff has proposed increases that to a 20% threshold. We would prefer that the threshold were retained at 10%, which would increase the oversight of the changes in ownership, which may have some significance with respect to their credibility and of the operators and ensure that there are not untoward interests working behind the scenes.

On the permitting of processing facilities, we very much support a CUP for those changes and for other changes to the canopy definition in the future that the county adhere to a no backsliding posture. Thank you Madam Chair and members of the board.

ElectedBob NelsonSupervisor, District 4Proposedvoiceprint 0.964:00:23 · ≈ 1:00 PM

Thank You Mr. Schottillo and that concludes public comment So it's back to the board. I have a question for County Council. Can we consider these items separately or do we have to consider them as a package?

4:00 – 4:0618 turns

UnidentifiedUnidentified speaker 8Proposed4:00:41 · ≈ 1:00 PM

Madam Chair, which issues are you considering? Well, we have this sunset processing and the changes in

ElectedBob NelsonSupervisor, District 4Proposedvoiceprint 0.964:00:47 · ≈ 1:00 PM

ownership.

UnidentifiedUnidentified speaker 8Proposed4:00:49 · ≈ 1:00 PM

You can consider them together and then Depending on what the Board would like to do, it may cause revisions to the ordinance. And then from what those revisions are we can make a recommendation on whether we trail the item or need to come back.

UnidentifiedUnidentified speaker 3Proposed4:01:05 · ≈ 1:01 PM

CEO Miyasato. From staff's perspective maybe it is easier to go through each of those three items just to make sure there is consensus so that we can narrow down where there needs to be a change in the

ElectedBob NelsonSupervisor, District 4Proposedvoiceprint 0.964:01:14 · ≈ 1:01 PM

ordinance

UnidentifiedUnidentified speaker 3Proposed4:01:14 · ≈ 1:01 PM

drafting.

ElectedBob NelsonSupervisor, District 4Proposedvoiceprint 0.964:01:16 · ≈ 1:01 PM

Well, let's. Chair

UnidentifiedUnidentified speaker 7Proposed4:01:18 · ≈ 1:01 PM

Hartman I have another question for staff about the processing before we go into comments. So under Chapter 35 right now it's an LUP for processing is that what I'm

CommentMadam ClerkProposed · by introduction4:01:31 · ≈ 1:01 PM

understanding? Madam Chair, Supervisor Nelson Depending on location, if you're next to an EDRN via CUP or if you're... Excluding those provisions it would be a land use permit. That's correct.

UnidentifiedUnidentified speaker 7Proposed4:01:50 · ≈ 1:01 PM

Director Plowman what if it was larger than 20,000 square feet would that trip it up into the development plan or would still be a LUP? Because usually 20,000 square feet of building space on ag land is typically a development plan but I don't know since the definition has Is it different even though these would be structures? Madam

CommentMadam ClerkProposed · by introduction4:02:14 · ≈ 1:02 PM

Chair, Supervisor Nielsen I believe it would trigger a development plan if the total onsite square footage exceeded 20,000 square feet.

UnidentifiedUnidentified speaker 7Proposed4:02:23 · ≈ 1:02 PM

Okay and then to go along with that you know I think if I understand Supervisor Chair Hartman's heartburn with the processing is that we're going to allow Um, processing potentially during this period of time before we have a CUP to be happening without odor mitigation. And so is it possible for us just to I guess I'm trying to figure out a way for us to get there. So that if we do have future process and it comes through between now and whenever we make those amendments to chapter 35 that we make sure that it has that odor mitigation as part of I don't think we want to let new processing through that might potentially have major odor impacts.

And so, I think that's what I'm... and I share that heartburn. If we do have new processing applications, we want to see those come through with all the state-of-the-art protections for them and their neighbors. So, I don' t know if that's just, hey, we exempt processing That has odor mitigation in the business license and that way nothing squeaks through. I know it gets a little complicated there but I'm just trying to find a solution.

It made sense in my head.

CommentMadam ClerkProposed · by introduction4:03:54 · ≈ 1:03 PM

Madam Chair, Supervisor Nielsen, you are talking about a change to Chapter 35. Right now the board required processing to be placed indoors, right? And so that was an attempt to reduce the odors that were contributing to some of the odor issues that are being experienced in the community. So that's why we said no more outdoor drying etc. As I have indicated, some of those operators have opted to have other aspects of odor control as part of their processing facility like Mr. DeFriel had a vapor phase on part of his property in part due, I think, to an EDRN as well as some of the potential odors that could be associated with processing but So what you said would require an amendment to Chapter 35 if you wanted to add some additional requirements for processing facilities beyond what the board already required.

UnidentifiedUnidentified speaker 7Proposed4:05:02 · ≈ 1:05 PM

Director Plowman, we're going to eventually go to inland cultivation through a CUP right? We board directed that six months ago and we're gonna get it six months from now.

CommentMadam ClerkProposed · by introduction4:05:15 · ≈ 1:05 PM

Yeah Supervisor Nielsen that's correct. You're gonna see it in the fall.

UnidentifiedUnidentified speaker 7Proposed4:05:18 · ≈ 1:05 PM

Okay and so at that point the board would have that functional discretion on odor mitigation as part of a cultivation or a processing

CommentMadam ClerkProposed · by introduction4:05:29 · ≈ 1:05 PM

project. Madam Chair, Supervisor Nelson whatever changes you make to the code they've got to be considered by the Planning Commission? So if the board as a whole was directing us to revise the direction we already previously received, then then we would add it in advance.

UnidentifiedUnidentified speaker 7Proposed4:05:56 · ≈ 1:05 PM

Director Plowman all I'm saying is will have those tools as a board at that time through conditional use permit.

4:06 – 4:1420 turns

CommentMadam ClerkProposed · by introduction4:06:04 · ≈ 1:06 PM

Madam Chair, Supervisor Nielsen. There are findings that are part of a conditional use permit about compatibility that give you some discretion but it isn't a standard that would require additional odor control.

UnidentifiedUnidentified speaker 7Proposed4:06:20 · ≈ 1:06 PM

Understood but I think the board might be more comfortable If it was a CUP and not an LUP so that we'd have those tools to make sure a processing standalone would be compatible with its neighbors. And so I think that's where the, you know, the way that I'm trying to wrestle with it.

ElectedBob NelsonSupervisor, District 4Proposedvoiceprint 0.964:06:40 · ≈ 1:06 PM

Or if I might just give another hypothetical. What if you had a large greenhouse on Ag 2, say in Solvang which is already permitted but you decide you want to do processing there? What kind of traffic analysis or other kind of analysis would be required for an existing permitted building?

CommentMadam ClerkProposed · by introduction4:07:03 · ≈ 1:07 PM

Well Madam Chair we would analyze it because it would be a change to their permit right So we would be analyzing that possible change. It might be a minor revision to their land use permit, it might trigger something more but it is still considered cultivation under the code the way it's currently drafted.

ElectedBob NelsonSupervisor, District 4Proposedvoiceprint 0.964:07:33 · ≈ 1:07 PM

Supervisor Williams?

UnidentifiedUnidentified speaker 4Proposed4:07:39 · ≈ 1:07 PM

I understand the heartburn over the June 30th date. You know, I think the nonconformity is going to take care of this processing thing but I just wanted to say that I understand the heartburn over the June 30th date and still think we should be not doing something like You know, December or the end of the year. It's entirely too long. I think having a shorter date will push people to either get things done or go away.

ElectedBob NelsonSupervisor, District 4Proposedvoiceprint 0.964:08:15 · ≈ 1:08 PM

Would September 30th work for you?

UnidentifiedUnidentified speaker 4Proposed4:08:18 · ≈ 1:08 PM

I mean, September 30th, I'm open to something in the middle there between June 30th. December is way too late and January was way too late.

ElectedBob NelsonSupervisor, District 4Proposedvoiceprint 0.964:08:32 · ≈ 1:08 PM

Supervisor LaVanina.

ElectedSteve LavagninoSupervisor, District 5Proposedvoiceprint 0.814:08:33 · ≈ 1:08 PM

Thank you, Madam Chair. And I'm going to get to that date in just a second but I do want to say that something that comes up during public comment sometimes that I think needs to be addressed for me at least is when public commenters continue with the narrative that staff CEO and this time the Board of Supervisors were only supporting the growers perspective.

I want to point out that phone call was made from someone that lives in an EDRN. The board totally, I mean that was from a place that historically has had illegal grows. They're in a better position now than they ever have been even before we even had a cannabis ordinance so a lot of growers or prospective growers lost a lot of money in that region because they went in and purchased land with the idea that we were going to move in that direction and then we flipped gears and decided which is probably a good vote at the time to ban cultivation and EDRN. So I know when you're on one side of an issue, you always think that all the decisions are made that benefits the other side but I guarantee you there were some people that lost a lot of money and it just ended a lot of people's futures there so it's not just all one way.

You know, it comes down to harvest is usually right at the end of September beginning of October. So I would think like a 930 date would you know, you'd be logistically it would be a nightmare of trying to go out and close people down right as they're harvesting so I would more support a October 30th. I think that gives us You know, it's something obviously the industry is calling for something in 2023. But I agree that we do need to and for me it's more staff and the industry working both are now motivated that you know we have the people, we've figured out the process, the growers know what to expect they know that there's a deadline It's going to be tight for them. It sounds like a long time, but we've been doing this for a long time these months just seem to keep on piling on top of each other goes faster and faster so I think in October 30th deadline.

I'm OK with the other changes I do. Like the idea that you know we would have some obviously have a little more discretion over. I'm a big, big proponent of that we have to do processing here in the county but I just don't think it's you know it's just a barn door open and we're going to do everything so in the right spot with the right protections for neighbors is where I want to land on that one. So but I'm okay with the rest of these as long as we change the date for permitted legal non-conforming to have an expiration of October 30th.

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ElectedBob NelsonSupervisor, District 4Proposedvoiceprint 0.964:11:40 · ≈ 1:11 PM

I just want to get a sense, does anybody else want to comment on the issue of the sunset? Could I Dick?

UnidentifiedUnidentified speaker 7Proposed4:11:49 · ≈ 1:11 PM

Yeah. Thank you Chair Hartman. I was concerned as Supervisor Labanino was When in the growing cycle that would end up, you know likely those plants will be in the ground on June 30th and not be processed until or harvested until somewhere in that period. I thought September 30th might work but October 30th is fine for me as well. I think it's a good compromise.

ElectedBob NelsonSupervisor, District 4Proposedvoiceprint 0.964:12:14 · ≈ 1:12 PM

Supervisor Hart?

UnidentifiedUnidentified speaker 7Proposed4:12:15 · ≈ 1:12 PM

I agree. I

UnidentifiedUnidentified speaker 1Proposed4:12:16 · ≈ 1:12 PM

think the October 30th date works but I remain concerned about our ability to process these applications. I'm concerned about stopping growers who are not being responsive and ending the legal non-conforming status. But, I am concerned that people who are being diligent through no fault of their own are just trapped by the overload that Building and Safety is experiencing through no fault of their own. There's just too much volume to get through the system and I don't want that to be the reason we're putting people out of business.

Can I just

ElectedSteve LavagninoSupervisor, District 5Proposedvoiceprint 0.814:12:53 · ≈ 1:12 PM

piggyback on that real quick? I like the October 30th date, but I also like what Mr. Frappell said is that give us the opportunity that if for some reason something happened at the staff level or COVID pops up again, something bad happens we always have the ability to come back and take another look at it and I think with Brittany giving us an update of how those 15 fall in or fall out I think we're all on the same page, is that we want the people that are going to provide us revenue and follow the rules to move through the system and finish.

And get rid of the ones that are just taking up space and causing everybody headaches.

ElectedBob NelsonSupervisor, District 4Proposedvoiceprint 0.964:13:36 · ≈ 1:13 PM

Supervisor Williams what do you think about October 30?

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UnidentifiedUnidentified speaker 4Proposed4:13:40 · ≈ 1:13 PM

I could live with that. It's a two-way street. I understand the county's process is difficult, but I also understand that when your market value is low You don't have the or or when you already have nonconforming status and can grow, you have less motivation to finish all the work. So I want the motivation to finish the work protections under our ordinances are better than the protections under nonconforming and I'm anxious to get away from a nonconformer.

ElectedBob NelsonSupervisor, District 4Proposedvoiceprint 0.964:14:21 · ≈ 1:14 PM

I second that County Council.

UnidentifiedUnidentified speaker 8Proposed4:14:24 · ≈ 1:14 PM

Madam Chair, members of the board I just want to clarify when we're talking about this October date are you still intending to have the second December date as well?

4:14 – 4:1922 turns

UnidentifiedUnidentified speaker 7Proposed4:14:36 · ≈ 1:14 PM

I was.

ElectedBob NelsonSupervisor, District 4Proposedvoiceprint 0.964:14:39 · ≈ 1:14 PM

Okay so I think we've dealt with the sunset issue are there any concerns about changes in ownership up to 20% Yeah, I just want to get this on the record. I'll support this but I'm very concerned about people manipulating this and somehow we get a bad actor who we want to get rid of and they hand it over to their girlfriend or brother and we're stuck so I'll go along with this but I'm not entirely comfortable and I know there's lurking issues here

UnidentifiedUnidentified speaker 7Proposed4:15:16 · ≈ 1:15 PM

Chair Hartman, I think that comes down to our hope and funding of the vetting that we're expecting from our staff. Because I think they need to be aware of what's happening in other jurisdictions and make sure that they're diligent with that level of vetting.

ElectedBob NelsonSupervisor, District 4Proposedvoiceprint 0.964:15:30 · ≈ 1:15 PM

And they have the authority to be able to do something when they see it, and that's the question.

UnidentifiedUnidentified speaker 4Proposed4:15:38 · ≈ 1:15 PM

And I want to add, I want to make clear to staff that if there is something missing That would allow that to go forward. I would be open to further amending it so that you have the proper vetting tools in Chapter 50.

ElectedBob NelsonSupervisor, District 4Proposedvoiceprint 0.964:16:00 · ≈ 1:16 PM

I think we've got two out of three, so the processing is still an issue. For me, the way it is I'm not comfortable voting for this. So if we vote for the package then I won't vote for this and I don't know if anybody else has any ideas but it just seems to me that especially when it's not linked to cultivation that processing could occur Thank you, Mr. Chairman.

I do believe processing is more odiferous. And while many are using state of the art facilities, you don't have to, I don't think under our land use and development standards. So that's my concern. I don't know if anybody has a response.

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UnidentifiedUnidentified speaker 7Proposed4:17:07 · ≈ 1:17 PM

Chair Hartman, so I share some of those concerns but I have to weigh that out with We may have already missed the boat on processing in Santa Barbara County, and I think if we wait any longer that those people who are thinking about it are probably not going to even begin the process. And we're going to wait another six months, and I think that ship will have sailed at that point. So I share the same concern. I wish that the CUP would get to us quicker I know there's a lot of challenges out there in planning and staffing with that, but that would also help solve this problem is we could get that tools before the board sooner than later. That might help mitigate your and my concern with this. Thank you. I'm generally supportive of what's proposed today then.

ElectedBob NelsonSupervisor, District 4Proposedvoiceprint 0.964:17:54 · ≈ 1:17 PM

Yes so I hope planning has heard that, the CUP quicker rather than later. So we need a motion.

ElectedSteve LavagninoSupervisor, District 5Proposedvoiceprint 0.814:18:02 · ≈ 1:18 PM

Did you want me to break it out then?

ElectedBob NelsonSupervisor, District 4Proposedvoiceprint 0.964:18:06 · ≈ 1:18 PM

I can just vote no on it

ElectedSteve LavagninoSupervisor, District 5Proposedvoiceprint 0.814:18:08 · ≈ 1:18 PM

all. Okay, then I will move staff recommendations ABC 1 and 2. And also the CEQA guidelines, one and two. But with that added change of moving the sunset clause from June 30th 2022 to October 30th 2020. Why don't we do October 31st? That's the end of the month.

ElectedBob NelsonSupervisor, District 4Proposedvoiceprint 0.964:18:37 · ≈ 1:18 PM

And may I have a second?

ElectedSteve LavagninoSupervisor, District 5Proposedvoiceprint 0.814:18:41 · ≈ 1:18 PM

Second.

ElectedBob NelsonSupervisor, District 4Proposedvoiceprint 0.964:18:42 · ≈ 1:18 PM

Madam Clerk, would you

UnidentifiedUnidentified speaker 8Proposed4:18:42 · ≈ 1:18 PM

call the vote? Madam Chair.

ElectedBob NelsonSupervisor, District 4Proposedvoiceprint 0.964:18:44 · ≈ 1:18 PM

Yes.

UnidentifiedUnidentified speaker 8Proposed4:18:44 · ≈ 1:18 PM

I'm just recommending that this be a conceptual motion we can still take about but then we can bring back the language to just make sure that staff and trail it and could bring back today

ElectedBob NelsonSupervisor, District 4Proposedvoiceprint 0.964:18:55 · ≈ 1:18 PM

October 31st

UnidentifiedUnidentified speaker 8Proposed4:18:56 · ≈ 1:18 PM

just for the October 31st just to make sure there isn't. Make all the changes in there isn't any other implications for OK. That's

ElectedSteve LavagninoSupervisor, District 5Proposedvoiceprint 0.814:19:04 · ≈ 1:19 PM

fine.

Roll-call vote Passed 4–1
Show transcript
Supervisor Williams. Aye. Supervisor Hart. Aye Supervisor Nelson. Aye Supervisor Lavanino. Aye Chair Hartman. No
UnidentifiedClerk of the BoardProposed · by role4:19:15 · ≈ 1:19 PM

Motion passes 4-1

ElectedBob NelsonSupervisor, District 4Proposedvoiceprint 0.964:19:17 · ≈ 1:19 PM

Thank you, so now closed session County Council

4:19 – 5:574 turns

UnidentifiedUnidentified speaker 8Proposed4:19:24 · ≈ 1:19 PM

Thank you Madam Chair, members of the board. You're scheduled for two items in closed session one item of existing litigation under government code section 54956.9 Zissa versus County of Santa Barbara United States District Court for the Central District of California and conference with labor negotiators government code section 54957.6 and that's for All bargaining units, underrepresented employees, managers and executives. And the agency designated representatives are CEO Mona Miyasato and HR Director Maria Elena de Guevara. And the time estimate is an hour and 15 minutes.

ElectedBob NelsonSupervisor, District 4Proposedvoiceprint 0.964:20:00 · ≈ 1:20 PM

Hour and fifteen. So Madam Clerk what do you think about three o'clock?

UnidentifiedClerk of the BoardProposed · by role4:20:05 · ≈ 1:20 PM

Chair Hartman members of the board it sounds about right three o'clock

ElectedBob NelsonSupervisor, District 4Proposedvoiceprint 0.964:20:08 · ≈ 1:20 PM

okay Good afternoon and welcome back to the Santa Barbara County Board of Supervisors meeting of February 15th here in Santa Barbara. County Council, would you report out from

5:57 – 6:0219 turns

UnidentifiedUnidentified speaker 8Proposed5:57:14 · ≈ 2:57 PM

closed session? Thank you Madam Chair. The board met in closed session on two items, one item of existing litigation Zissa versus County of Santa Barbara a federal case in the Central District and conference with labor negotiators with employee organizations all bargaining units unrepresented employees managers and executives and the board took no reportable action

ElectedBob NelsonSupervisor, District 4Proposedvoiceprint 0.965:57:36 · ≈ 2:57 PM

Thank you. And we're going back to item 3 to finalize that with some language developed during the break. Ms. Heaton, would you like to explain?

UnidentifiedUnidentified speaker 19Proposed5:57:50 · ≈ 2:57 PM

Thank you Chair Hartman. Per board direction, we've revised the language in section 50-7A34 that addresses the sunset date for legal nonconforming operators that have an approved permit error in the acreage cap. Staff originally proposed a June 30 sunset date. The board asked us to revise that to October 31st So the revised language is shown here in this slide, October 31st is in blue We've struck out the June 30 And so these businesses will now have to cease operations on October 31 If they do not have an issued land use entitlement and business license with the change

ElectedBob NelsonSupervisor, District 4Proposedvoiceprint 0.965:58:34 · ≈ 2:58 PM

Thank You supervisor Lavinino you made the conceptual motion Would you make the actual motion?

ElectedSteve LavagninoSupervisor, District 5Proposedvoiceprint 0.815:58:39 · ≈ 2:58 PM

Sure. I will move staff recommendations A, B and C with under C would be 1 and 2 and also the CEQA guidelines sections 1 and 2 along with the

UnidentifiedUnidentified speaker 19Proposed5:58:54 · ≈ 2:58 PM

We have revised recommended actions up here on the board for you. Oh, I can't see that far, Brittany. Hold on.

ElectedSteve LavagninoSupervisor, District 5Proposedvoiceprint 0.815:59:00 · ≈ 2:59 PM

Okay. There we go. I'll move A, B and C with the underlying change. Second.

ElectedBob NelsonSupervisor, District 4Proposedvoiceprint 0.965:59:08 · ≈ 2:59 PM

Thank you. And Supervisor Hart? You're going to second? Yes. Would you call the roll Madam Clerk?

Roll-call vote Passed 3–1 move A, B and C with the underlying change. Second. Thank you. And Supervisor Hart? You're going to second? Yes. Would you call the roll · 1 under review
Show transcript
Supervisor Williams. Aye. Supervisor Hart. Aye Supervisor Nelson, Supervisor Lavagnino. Aye and Chair Hartman no motion passes 3-1-1 with supervisor Nelson absent and chair Hartman voting no

okay that takes us to departmental item number two we shifted the agenda around a bit would you read that into the record madam clerk

UnidentifiedClerk of the BoardProposed · by role5:59:43 · ≈ 2:59 PM

Chair Hartman and members of the board, departmental item number two is from the Planning and Development Department. It is a hearing to consider recommendations regarding the Santa Barbara Coalition for Responsible Cannabis Appeal case number 21 APL 28 of the Planning Commission's approval of the Cadwell Cannabis Cultivation Project case number 19 LUP 480 and this is in the third district And Chair Hartman, members of the board prior to staff's presentation we did receive a few documents after our noon deadline on Friday that were over a page and if the board would like to include these into the record I will go ahead and read them now.

ElectedBob NelsonSupervisor, District 4Proposedvoiceprint 0.966:00:24 · ≈ 3:00 PM

Please do that

UnidentifiedClerk of the BoardProposed · by role6:00:26 · ≈ 3:00 PM

The first item is public comment from Lynn Turner. Received Saturday, February 12th. The second is public comment from Jill Stanislaus Sunday, February 13th. The third item is from public comment for Matt Niblett received Monday, February 14th. The fourth item is public comment from Courtney Taylor on behalf of Sanford Winery. Received Monday, February 14th.

We also received an additional public comment from the Law Office of Mark Shatillo Monday, February 14th and we received a replacement PowerPoint presentation from the Law Office of Mark Shatillo on Monday, February 14th. And if the board would like to include these in the record, a motion to do so would be required.

ElectedBob NelsonSupervisor, District 4Proposedvoiceprint 0.966:01:06 · ≈ 3:01 PM

Sure. And may I have a motion to accept these documents into the formal record of these proceedings? Second. All in favor say aye. Aye. Any opposed? Motion passes unanimously. So let's go to ex parte communications. Has anybody talked with either the applicant or the appellant? Supervisor Lavanito. Madam

ElectedSteve LavagninoSupervisor, District 5Proposedvoiceprint 0.816:01:30 · ≈ 3:01 PM

Chair, I had a site visit last week with the cultivators team and then I had a phone call yesterday with Mr. Mark Sciatella.

ElectedBob NelsonSupervisor, District 4Proposedvoiceprint 0.966:01:44 · ≈ 3:01 PM

Supervisor Hart?

UnidentifiedUnidentified speaker 1Proposed6:01:46 · ≈ 3:01 PM

I had a Zoom meeting with Mr. Sciatella last Friday I believe and a Zoom meeting with the applicant's team this Monday morning.

ElectedBob NelsonSupervisor, District 4Proposedvoiceprint 0.966:01:56 · ≈ 3:01 PM

Supervisor Williams any ex parte?

UnidentifiedUnidentified speaker 4Proposed6:01:59 · ≈ 3:01 PM

A similar pattern, I did a site visit last Tuesday and I did a Zoom meeting with Mark Chitello yesterday.

ElectedBob NelsonSupervisor, District 4Proposedvoiceprint 0.966:02:12 · ≈ 3:02 PM

And for myself, on Friday I had an onsite visit where we stood on the bank and looked over. We discussed a broad range of issues. And then I had a meeting with Mark Schatillo, Zoom meeting or phone call, I can't remember which it was, and talked mainly about water Mainly about water. And outstanding violations. So with that, we're ready to go to staff presentation.

Director Plowman?

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6:02 – 6:133 turns

CommentMadam ClerkProposed · by introduction6:02:56 · ≈ 3:02 PM

Madam Chair, members of the board, today as you know we have the Caldwell appeal I'm sorry, the Santa Barbara Coalition for Responsible Cannabis Appeal of the Caldwell application. And we have Gwen Beiler who is on Zoom. She'll be making the presentation. We have Travis Sewards our Deputy Director and Joe Dargill Supervising Planner and they'll be able to answer any questions.

With that, I'll turn it over to Ms. Beiler.

CommentGwen BaylorProposedself-stated6:03:29 · ≈ 3:03 PM

Thank you. Good afternoon Chair Hartman and members My name is Gwen Baylor, and I will be presenting the Santa Barbara Coalition for Responsible Cannabis Appeal of the Cadwell Cannabis Land Use Permit. The coalition files an appeal of the director's approval, and on May 12th, the County Planning Commission granted approval of the project. On May 24th, the coalition files an appeal of the commission's approval.

Next slide please. The project site is located south of Highway 246, approximately six and a half miles west of Buellton and seven miles east of Lompoc. The parcel is bounded on the north by the Santa Ynez River, and on the south by Santa Rosa Road, and on the east and west by Agricultural Operations. Cannabis is being cultivated outside currently. Next slide.

Here is the project area. Existing hoops are outlined in yellow and the growing areas without hoops are shown in orange. The permitted nursery greenhouse is shown in green, a new shade structure and new restroom building are shown in pink. All non-cannabis structures are shown in red. The two agricultural wells proposed to be used for cannabis irrigation are shown with blue circles and the two domestic wells are shown as blue stars.

Next slide. As described in the board letter The project description has been modified since the Planning Commission's approval. The project is for a 24.45-acre cultivation area, including 20 acres under hoops, 4 acres without hoops and 0.45 acres of nursery cultivation in an existing permitted greenhouse. Cannabis will be weighed and tagged in the new shade structure prior to being transported offsite for processing.

There will be a new security fencing, motion sensor lighting 5,000 gallon water tanks and over 12,000 square feet of landscaping planted along Santa Rosa Road. The operation will require 10 regular employees and 45 seasonal employees during harvests which will occur twice per year and last up to three weeks each time. The project will validate four storage containers related to the dwelling.

Next slide please. I will now present an overview of the appeal issues and staff's responses, which are addressed fully in the board letter. The appellant cited two issues for issue one they allege that the findings for approval can't be made and identifies three sub-issues. For Sub-Issue A, the appellant argues that legal nonconforming status is exceeded and that zoning enforcement should apply to as built generators In response, the project will be in compliance with all zoning regulations.

Cannabis is being grown on site. An affidavit was submitted to the county executive office in 2017 stating that the operation was in compliance with County codes. In 2019, the applicant submitted a permit application. Zoning enforcement staff has investigated the legal nonconforming status and zoning violations on the subject parcel will be corrected with approval of this permit consistent with standard enforcement procedure.

There are no existing or proposed generators on site. Next slide. For sub-issue B, the appellant argues that the project does not have water and that the conversion of a domestic and agricultural well to be used solely for irrigation represents changed circumstances with regard to the State Water Resources Control Board's approval. They state that the State Water Board has requirements for surface water diverters, including forbearance limitations based on riparian water flow and storage capacity.

The appellant alleges that because the applicant canceled their statement of diversion in use they are not in compliance. In response the project has adequate water supply. Domestic uses will be served by an existing domestic well. Cannabis irrigation will continue to be served by an agricultural well This well has been used for decades to irrigate non-cannabis agriculture.

Removing the domestic use from this well is not a substantial change. According to the hydrologic assessment attached to the board letter, the subject well produces groundwater from the Santa Ynez River alluvial corridor sub basin and the project is unlikely to substantially affect in stream flows. Projected water usage will be 15 acre feet per year compared to 36 acre feet per year For the previous non-cannabis operations, there is not a threshold of significance for this sub basin.

The project was reviewed by the Water Board and was determined to not be subject to surface water diverter requirements. The Water Board treats wells outside the bed and bank of a river as a groundwater source and has not indicated that this groundwater source is subject to forbearance. Additionally There is an existing 670 foot deep well in the southwestern portion of the parcel that draws from percolating groundwater and a bedrock aquifer, and not the alluvial corridor sub-basin.

This well is available if the water board determines that forbearance applies. The applicant canceled the statement of diversion and use because the water board determined that the project does not divert surface water. The project complies with water board requirements Additionally, well users in the Santa Ynez River Water Conservation District are required to report pumping records.

The project is in compliance with all reporting requirements. Next slide. For sub-issue C, the appellant argues that adequate water is not demonstrated and the project is inconsistent with the comprehensive plan. Lastly, they argue the project does not minimize odor In response, the project complies with the comprehensive plan. There is adequate water and the project will not lead any basin to become seriously overdrafted or substantially overcommitted.

New development will be compatible with the surroundings and will not intrude into the skyline. The parcel is only partially visible due to topography, existing vegetation and distance. The project includes new trees, shrubs and grasses along Santa Rosa Road and will be screened to the maximum extent feasible. The project consists of a change of crop, and will not convert any land to non-agricultural development.

The PEIR identified the generation of odors as potentially significant and unavoidable, and acknowledged that odors may not be controlled in all instances. The project is in the AG2 zone, and odor abatement is not required. Next slide please. For Issue 2, the appellant alleges that CEQA findings are not supported and identifies two sub-issues. For Sub-Issue A, they argue the project results in agricultural conflicts including with Williamson Act contracted operations.

The appellant states that the PEIR anticipated that agricultural conflicts would be evaluated by the Agricultural Preserve Advisory Committee or APAC. In response, the project does not conflict with the Williamson Act Nor will it have impacts that were not evaluated in the PEIR. It is clear that the PEIR did not rely on APAC to ensure agricultural compatibility, because not all agriculture would have been reviewed by APAC.

The board adopted amendment to the uniform rules to classify cannabis as a principal use does not require environmental review. APAC found the project consistent with applicable rules. APAC is only responsible For reviewing a land use application for consistency with the Uniform Rules and Williamson Act, and does not make decisions on land use permits. Next slide.

For sub-issue B, the appellant argues that the project does not comply with state regulations. The appellant argues that the PEIR oversimplified water issues and erroneously identifies the Santa Ynez River alluvial corridor as groundwater. The appellant argues that the CEQA checklist does not consider the water source and ignores state Water Board regulations.

In response, no surface water diversion requirements apply to the project and this project complies with Water Board regulations. Further compliance with the Water Board is required for the life of the project consistent with the land use permit, the county business license, and state licenses. The PEIR identified the Santa Ynez River as a source for surface water and identify the alluvial corridor sub-basin as a groundwater source, consistent with the county's 2014 Groundwater Basin Status Report.

As set forth in the CEQA checklist, State Water Board documentation demonstrates compliance with the Cannabis Cultivation Policy. The CEQAs checklist describes how the project is covered under the scope of the PEIR. The PEIR concluded that with mitigation Impacts to water would be less than significant. Next slide. To conclude, staff recommends the board deny the appeal, make the required findings for approval, determine that PEIR is adequate and subsequent environmental review is not required and grant de novo approval of the project subject to the conditions set forth in attachment two of the board agenda letter.

This concludes staff presentation. Thank you.

ElectedBob NelsonSupervisor, District 4Proposedvoiceprint 0.966:13:43 · ≈ 3:13 PM

Thank you. Supervisor Williams did you have a question for Ms. Buehler? Any other board members have any questions? So I think we are ready to hear from the appellant, 10 minutes.

6:14 – 6:2510 turns

UnidentifiedUnidentified speaker 22Proposed6:14:03 · ≈ 3:14 PM

Good afternoon before I get started could we confirm we're going to try a hybrid presentation here Good to see you. Good to be here again. So can staff confirm that Dr. Linker is available on Zoom? I am here. Excellent, I like that. I can't see you but I hear you.

UnidentifiedClerk of the BoardProposed · by role6:14:30 · ≈ 3:14 PM

Chair Hartman, members of the board, the individual is labeled Jim McCord? Is that correct?

UnidentifiedUnidentified speaker 22Proposed6:14:35 · ≈ 3:14 PM

That's I'm sorry that's correct. That's Dr. Jim McCord with he is the hydrologist with Linker Consulting.

ElectedBob NelsonSupervisor, District 4Proposedvoiceprint 0.966:14:43 · ≈ 3:14 PM

Great thank you and just to be clear there's 10 minutes and then 7 minutes each for rebuttal.

UnidentifiedUnidentified speaker 22Proposed6:14:51 · ≈ 3:14 PM

Very good Well, thank you Madam Chair and members of the board. My name is Mark Shatillo and I'm here on behalf of the appellant in this matter, The Santa Barbara Coalition for Responsible Cannabis. The objectives of the coalition are to support responsible operators and to protect public welfare and the environment. We filed this appeal because Central Coast Agriculture, the applicant—it's not Cadwell who is the landowner and a long-term farmer of this land—but Central Coast Agriculture which owns three separate facilities or operates three separate facilities that are interrelated has not established itself as a responsible cannabis operator.

In fact, they affirmatively misled the Planning Commission on this very project forcing the applicant to submit a retraction letter that is accompanied by the Sanford Winery Letter where they expressed their lack of support for the project and their grave concerns over the misrepresentation of their position. At the planning commission, which materially affected the Planning Commission's determination.

Further this operator has ignored its commitments to the coalition with respect to the settlement agreement that we agreed that we established for part of the 8701, the related project. But more troubling is the flagrant abuse of the Air Pollution Control District and the Cannabis Ordinance itself, which prohibits the use of diesel generators as a primary source of power in order to enable these operations to continue. The diesel generators, of course, emit carcinogenic emissions that are regulated by the State of California NRAPCD.

There are currently 18 notices of violation that are pending, 14 of which apply to the 8701 project, which is the nearby recipient location for the product that will be generated and created at the subject parcel 5645. And 8701 reflects an impermissible expansion of the nonconforming uses with the addition of the dozens of C-train units and the various generators that have been cited by the Air Pollution Control District.

In addition, the applicant has played fast and loose with the rules around water supply The programmatic EIR specifically requires that licensees provide site-specific details regarding source of water supplies and provide proof that adequate water supply exists to serve the intended use of the site, either in the form of a can-and-will-serve letter or a proof of water rights to groundwater or surface water supplies or documentation of a statement of water diversion submitted to the State Water Board.

As the materials that we submitted indicate, the State Board's policy applies clearly to alluvial wells. The information that is being relied on is inconclusive as to whether it actually even applies to this site. I'm going to now allow Dr. McCord to address in greater detail the hydrological issues as he has evaluated them and reflected in his letter.

UnidentifiedUnidentified speaker 23Proposed6:18:19 · ≈ 3:18 PM

Thank you, Mr. Shatillo and Chairman Hartman and Board. If we could go down to slide number three please? I'm a professional engineer hydrogeologist with nearly 40 years of experience and a proud product of San Ynez Valley Public Schools in the 1960s and 70s. No, the preceding slide please. One more up. There you go, thank you. I will not touch on every bullet in these slides given time constraints but there are a number of points that I do wish to point out. The image off to the right in this slide shows a comparison between the project application and the state water boards Record of wells and diversion points from wells. And we see that there is a correspondence of the main water supply well identified in the right hand image for the water boards, it's highlighted in light blue.

And you can see the location of that well is right on the bank of the river almost correct? Thank you. Also identified in the plan are a couple domestic wells, but they are not identified in the Water Board's website. So those have not been reported and then also identified in the Water Board's website in the brown red is an additional dual purpose well that is not listed in the application. So there's some inconsistencies there. And I will talk about that main water supply well on the coming slides next slide please thank you This just shows that there has been a statement of diversion for this well since 1986. This is first reported diversions in 1986.

The other point I wish to make with this slide, is they show a water use after the special use categories of 2.1 acre feet per acre whereas and this is over five irrigated acres. This would imply 0.4 acre feet per acre to irrigate a cannabis crop which is about five times less than what the accepted value is based on other applications in the area and agricultural engineer consulting firms estimates, and the California Irrigation Management Information System estimates of irrigation water use. So that's a problem right there. Let's go to the next slide please. So as was previously mentioned They withdrew this well or identified this well as no longer being a surface water point of diversion because it's outside a delineated subsurface stream.

And why might they do that? Well, let's go down to the next slide please. And the reason they might do that is they want to avoid the complications and certain requirements associated with surface water and connected groundwater, subterranean streams that apply to cannabis irrigation. And off to the right is a table that lists a number of constraints and rules, policies related to that. And if we can go to the next slide please.

Important for this project is there's two issues. One relates to diversion that's seasonal and the second is flow dependent First, for cannabis you cannot divert surface water or connected subterranean streams for much of the year. For the period from October through April and you can only divert for a period from December through the following March provided that the flow in the stream meets the previous day's minimum in-stream flow requirement The image off to the right shows a snapshot from the water boards website and it shows that even though this is February 7th within the allowed diversion period.

The in-stream flow requirement is 360, I'm sorry 363 cubic feet per second whereas the daily flow was only eight cubic feet per second. So even though it's within the diversion season, those flows are too low so it could not divert if it is determined to be diverting from an underground stream. Well, so they say well it's not an underground stream so let's look at a hydrogeologic analysis of a well located At that point, next slide please. Pumping for 105 days and using the model developed by the U.S. Geological Survey for this situation just like we have here, we can see that a well, the top image off to the right shows at a well pumping for 105 days its impact on the surface flows in an adjacent San Ynez River And what we see is after 105 days of pumping, if they were allowed to divert for that period, that approximately 40% of the flows in that well.

That's what the vertical axis is stream flow losses divided by the well pumping rate. So approximately 40 percent of the flows in the well are being offset by leakage from the San Ynez River. And you see even after they turn off the well, the stream leakage decreases rapidly but there remains a long term residual effect. So there is a strong impact. So even if it's determined to be outside the water boards control, surface water control, there still is which was unmentioned in the previous presentation, Sustainable Groundwater Management Act, which according to this Sustainable Groundwater Management Act wells groundwater in those basins cannot have adverse significant adverse impact on connected surface water. And I believe my analysis shows that's the case.

So finally, next slide please. They have noted that they do have a backup well but unfortunately that backup well has a capacity of only 22 gallons per minute which would maybe meet if they could pump that well 10 acre feet per year but with reasonable crop water use and 24.6 Our 24.5 acres being irrigated, we're looking at 50 acre feet per year and they simply don't have the water supply to meet that.

UnidentifiedUnidentified speaker 22Proposed6:24:53 · ≈ 3:24 PM

Thank you

UnidentifiedUnidentified speaker 23Proposed6:24:53 · ≈ 3:24 PM

Dr. McCord. And I'll pass it back to Mr. Shatillo now thanks.

UnidentifiedUnidentified speaker 22Proposed6:24:57 · ≈ 3:24 PM

As you can see these are complicated issues. We trust that you've studied the technical information that we've submitted. Dr. McCord developed a written analysis. The bottom line is they don't have the water that they claim that they have They've understated the amount of water they need. They've overstated the amount of water that they have, so I will recognize the clock and reserve my time in rebuttal for addressing the Air Pollution Control District violation issues and the finding problems that the board faces in trying to consider this project. Thank you Madam

ElectedBob NelsonSupervisor, District 4Proposedvoiceprint 0.966:25:33 · ≈ 3:25 PM

Chair. We'll take a half minute off your rebuttal however. And may we have the applicant?

6:25 – 6:3115 turns

CommentJohn DeFrielProposedself-stated6:25:49 · ≈ 3:25 PM

Good afternoon, Chair Hartman and fellow supervisors. Thank you very much for the opportunity today. We do have a property owner with us here today, Chris Cadwell. I'm John DeFriel. And Lindsey Coakley is at home and she will be doing the presentation so I'll let her jump right into it. Thank you.

ElectedBob NelsonSupervisor, District 4Proposedvoiceprint 0.966:26:08 · ≈ 3:26 PM

Ms. Coakley are you ready to go?

ElectedBob NelsonSupervisor, District 4Proposedvoiceprint 0.646:26:13 · ≈ 3:26 PM

Yes, hello everyone. Can you hear me? We can hear you and clock is running. Yes thank you um so I will just actually switch to slide three. So um uh just one more before that sorry about that Can you go one slide back please? Thank you. All right, so this is the project location. So you'll notice that the parcel is located right in the middle of Santa Rosa Road.

It's pretty far off the beaten path from most of the residential areas in Fulton. Chair Hartman, members

UnidentifiedClerk of the BoardProposed · by role6:26:59 · ≈ 3:26 PM

of the board, unfortunately we're having trouble understanding you, Lindsay. Your audio is going in and out. Is there a way to use a set of headphones or another microphone We have paused your time.

ElectedBob NelsonSupervisor, District 4Proposedvoiceprint 0.646:27:13 · ≈ 3:27 PM

Let me see if I can call in. Can you guys hear me better now?

UnidentifiedClerk of the BoardProposed · by role6:27:19 · ≈ 3:27 PM

It's just the audio is going in and out, it's high and low so I'm not sure where your microphone is but if you can get closer to it and perhaps proceed and then we can see. Yep, I'm right here. Can you guys

ElectedBob NelsonSupervisor, District 4Proposedvoiceprint 0.646:27:32 · ≈ 3:27 PM

hear me better now? Yes that's much better. That is much better thank you. Thank you for pausing the time So as I was explaining that the project is located in the middle of Santa Rosa Road between. Unfortunately,

UnidentifiedClerk of the BoardProposed · by role6:27:46 · ≈ 3:27 PM

Lindsey it's continuing to proceed the high and low so if you have a set of headsets that you can plug into your computer or another way if you'd like you said call-in that would be greatly appreciated.

ElectedBob NelsonSupervisor, District 4Proposedvoiceprint 0.646:28:02 · ≈ 3:28 PM

Yes if you can give me about 30 seconds I will call in. Hi, guys. Can you hear me on the Zoom a little bit better now? Yes we

UnidentifiedClerk of the BoardProposed · by role6:29:47 · ≈ 3:29 PM

can thank you please proceed.

ElectedBob NelsonSupervisor, District 4Proposedvoiceprint 0.646:29:50 · ≈ 3:29 PM

Okay thank

UnidentifiedClerk of the BoardProposed · by role6:29:50 · ≈ 3:29 PM

you

ElectedBob NelsonSupervisor, District 4Proposedvoiceprint 0.646:29:51 · ≈ 3:29 PM

so the project is located right in the middle of Santa Rosa Road about nine miles west of the city of Buelton and the nearest residential zoning is actually about five miles away. So this project is located kind of in the middle really kind of set back away from a lot So this project was approved by the Planning Commission and there were a few changes that needed to be made based upon feedback from the Building and Safety Department in addition to the Planning Commission. At the Planning Commission back in May, they had requested that we remove landscaping which blocked the mountain views so you can see that change on the bottom portion of the parcel which is the south end of the parcel And we also need some changes based upon feedback from building and safety after going through multiple.

UnidentifiedClerk of the BoardProposed · by role6:30:43 · ≈ 3:30 PM

Lindsay, I'm sorry, we are having a lot of trouble understanding you just with the in and out of your volume. I'm not sure if this is the internet connection you have but it we're really struggling to understand you clearly.

ElectedBob NelsonSupervisor, District 4Proposedvoiceprint 0.646:31:00 · ≈ 3:31 PM

Okay, I apologize let me just try this one more time.

6:31 – 6:367 turns

UnidentifiedClerk of the BoardProposed · by role6:31:13 · ≈ 3:31 PM

Lindsay, if you can call into the clerk of the board's office they can transfer you to the hearing room. Can you do that for us? Yes. I don't believe I

UnidentifiedUnidentified speaker 8Proposed6:31:23 · ≈ 3:31 PM

have a number.

UnidentifiedClerk of the BoardProposed · by role6:31:24 · ≈ 3:31 PM

Please call 805-568-2240.

ElectedBob NelsonSupervisor, District 4Proposedvoiceprint 0.646:31:39 · ≈ 3:31 PM

Okay, I am calling in right now. All right thank you. So I will just you'll have to speak into the phone because I can't hear anything through the Zoom to interrupt me. So anyways we had gone through building and safety and made a bunch of changes regarding their feedback including adding additional water storage for fire protection. We had to remove an ADU due to a setback from the San Ynez River This is a change and then we also added the backup well to the southwestern corner of the parcel.

As noted, that well is a 760-foot deep water well. It does have the capacity to serve the project in the case that the forbearance period is enforced on us by the Water Board. Next slide please. So this is an aerial photo of the site We took this by a drone, and so you can see that there's a pretty steep drop-off that comes down from Santa Rosa Road. There's an oak preserve off to the eastern side of the parcel, and there's a shelf that drops about 200 feet down from Santa Rosa Road. That's where we have our nursery greenhouse and a small one-and-a-half acre outdoor cultivation area.

There's another drop in elevation, and that is where we have all of the hoop house cultivation. There's about 20 acres of cultivation down there. And you'll also notice that to the west of us is the Fiddlesticks Vineyard, and to the north of us is the Seasmoke Vineyard. We have not had any issues with either of those neighbors. And Fiddlesticks is actually under new ownership that is organic And we have a collective working relationship with them.

Sea Smoke is a biodynamic farm, which is better than organic and we've also never had any issue of any conflicts. It's always been our goal to work with our neighbors to the best of our ability. Next slide. So here is a graph that talks about historical water usage versus actual water usage. We were able to gather reports from the San Ynez River Water Conservation District on for the last 15 years, starting in 2005.

And there was an average about 36 acre feet per year of growing multiple types of crops. Tadwell Tutti Frutti Farms grew anything from tomatoes to lettuce, berries, lots of different types of crops that have different water uses. So you'll see some variability there and then starting 2015 and 2016, that's when we started our operations. And the actual water use based on our calculations and our pumping logs averages about 6.7 acre feet per year. So there is about 82% decrease in water usage since we began cultivating in 2015. Next slide.

We do have a couple more minutes for rebuttal, so I'll save those next slides as we go on. Take my time back.

CommentJohn DeFrielProposedself-stated6:35:56 · ≈ 3:35 PM

Thank you will conclude our presentation there.

ElectedBob NelsonSupervisor, District 4Proposedvoiceprint 0.966:36:00 · ≈ 3:36 PM

OK. I guess we're back to the board any questions? I

ElectedSteve LavagninoSupervisor, District 5Proposedvoiceprint 0.816:36:17 · ≈ 3:36 PM

would like staff to, obviously there's a discrepancy between what the appellant has to say about the water supply and what the applicant has to say about the water supply. If you could just give us your opinion.

6:36 – 6:4216 turns

CommentGwen BaylorProposedself-stated6:36:38 · ≈ 3:36 PM

Sorry Travis, you could take this one if you want.

UnidentifiedUnidentified speaker 24Proposed6:36:41 · ≈ 3:36 PM

Okay thank you good afternoon board okay so a couple things we want to say and Miss Beiler please fill in as needed but we thoroughly looked into the water issue we specifically worked with the state board on the specific wells that are being proposed and they clearly stated that they do not see this as a diverter of groundwater or surface water correct? So we've got a clear finding from the State Water Board. The other thing that is clear as the data that they presented to us, Baseline, this has been an area in cultivation.

And compared to what it has been using for water usage, this looks to be 15 acre feet per year compared to 36 acre feet per year which is a drastic reduction. So from a CEQA standpoint the impact of water usage meets our threshold for environmental review and that's what we based our review for water on. Ms. Baylor did you have anything to add to that?

UnidentifiedUnidentified speaker 14Proposed6:37:44 · ≈ 3:37 PM

No thank you.

UnidentifiedUnidentified speaker 24Proposed6:38:03 · ≈ 3:38 PM

They are not allowed, they do not have any on property right now and they're not proposed as part of the project.

ElectedSteve LavagninoSupervisor, District 5Proposedvoiceprint 0.816:38:29 · ≈ 3:38 PM

I guess you should probably have my microphone on, too. All right let's start over no I'm just kidding question for legal counsel so when we're looking at a lane an appeal like this are we we prohibited in any way to go back and look at another project or in Wayne? I have a question about diesel generator usage they have another project Is it within our scope to discuss that at this point or not?

UnidentifiedUnidentified speaker 8Proposed6:39:03 · ≈ 3:39 PM

Madam Chair and Supervisor Lavigno, the project before you is limited to making the findings related to this proposed project in this site. If you have questions about diesel generator use as part of their operation I think that's fine to ask. I don't know that any is...I don't believe it's proposed for this project but you could clarify

ElectedSteve LavagninoSupervisor, District 5Proposedvoiceprint 0.816:39:26 · ≈ 3:39 PM

Okay, well I think it's not proposed for this project. Okay. Okay, that's all my questions then. I was more concerned about the

ElectedBob NelsonSupervisor, District 4Proposedvoiceprint 0.966:39:38 · ≈ 3:39 PM

water. Supervisor Hart did you have anything? Well, I contacted the executive officer of the APCD. She said there had been two generators at this site. They have been removed but the complaint has not yet been resolved so that's an issue.

UnidentifiedUnidentified speaker 24Proposed6:40:05 · ≈ 3:40 PM

Chair Hartman, yes as our understanding there were some generators that have been removed. There was a violation with APCD it is still open because I think they're still paying off the fines related to the violation but that there are no generators on site anymore

ElectedBob NelsonSupervisor, District 4Proposedvoiceprint 0.966:40:22 · ≈ 3:40 PM

yeah I think they haven't figured out exactly what they're still negotiating or the fines so that it's still unsettled Any Supervisor Williams?

UnidentifiedUnidentified speaker 4Proposed6:40:38 · ≈ 3:40 PM

Yeah, I would love to have a little bit more understanding of how we handle that. Steve and I get a lot of grief over drafting of the ordinance, but I think one thing that was very good that we did was prohibition against diesel generators. The theory being this is supposed to be an environmentally beneficial crop. It should have social benefits as well as environmental. I'm glad it uses less water But the running of diesel generators obviously obviates a lot of the benefits that it could otherwise have.

And I'm concerned about our level of enforcement if, you know, there were generators at this site until October and that they're still generators at the other site that we approved what like a year ago? So, you know, that's big deal to me.

ElectedSteve LavagninoSupervisor, District 5Proposedvoiceprint 0.816:41:43 · ≈ 3:41 PM

Can I clarify my position on that? Because you kind of lumped me in

UnidentifiedUnidentified speaker 4Proposed6:41:46 · ≈ 3:41 PM

there. Sorry, sorry. That's

ElectedSteve LavagninoSupervisor, District 5Proposedvoiceprint 0.816:41:48 · ≈ 3:41 PM

all right. I just

UnidentifiedUnidentified speaker 4Proposed6:41:48 · ≈ 3:41 PM

didn't want...I think you should get a more good credit for it.

ElectedSteve LavagninoSupervisor, District 5Proposedvoiceprint 0.816:41:52 · ≈ 3:41 PM

Well if I had agreed with that yes but unfortunately I didn't. I feel that generators are used in agriculture all the time they're approved for all other agricultural usage and so personally I think generators it's an agricultural crop to me and we should be able to use generators anyway but That's beside the point that if it's an approved project without generators, it should be an approved project without generator.

6:42 – 6:4714 turns

ElectedBob NelsonSupervisor, District 4Proposedvoiceprint 0.966:42:22 · ≈ 3:42 PM

And the ordinance doesn't allow generators on outside growth?

CommentMadam ClerkProposed · by introduction6:42:29 · ≈ 3:42 PM

Madam Chair, Supervisor Williams wasn't clear is there a question in there for us?

UnidentifiedUnidentified speaker 4Proposed6:42:36 · ≈ 3:42 PM

Yeah I mean how can we address these issues more meaningfully than, you know, tussling with an entity for a year to get rid of their generators in operations. And now a second site is to us that didn't have as many violations but still had violations of the same sort and I guess One is they are hooked up to the grid. Are they in need of a upgrade to fully power the facility?

And what can we do to make sure that they don't just run generators as soon as they have a permit?

CommentMadam ClerkProposed · by introduction6:43:32 · ≈ 3:43 PM

Sorry, Madam Chair, Supervisor Williams. With respect to this project in particular, we have a section in the code as you have all acknowledged that prohibits generators that are not for an emergency purpose on the site. I do understand this applicant is upgrading some of their electrical panel and they have some permits in to do that. And so they will be using power from the grid as we understand it as they've stated in to power the facilities at this particular location.

From the record, shows that they did have a violation. They've ameliorated that problem by removing the generators. They appear to be in negotiations with APCD on how to resolve that and pay fines and have that closed but from our perspective, that violation has been cured in effect With respect to going forward, I mean, I think we work with the applicants. We advise them of what the code requirements are. We are now more in touch with APCD particularly if there are issues regarding generators and have clear communication lines that are open but I understand the board's concern that in one particular case there have been longstanding use of generators while they're trying to bring in the power to operate that facility. And it's a little bit complicated because it was illegal non-conforming grow, right?

It wasn't a new grow and so that complicated that but I believe they are working towards resolving that issue and working with APCD on that other property.

ElectedBob NelsonSupervisor, District 4Proposedvoiceprint 0.966:45:21 · ≈ 3:45 PM

I just have a quick question before Supervisor Labanino. So working to resolve issues and having them resolved are two different things, the ADU for example that's an unresolved issue there when I did the site visit they said that it would either be taken down or they would go through the permit process so that's another issue that to me is unresolved

CommentMadam ClerkProposed · by introduction6:45:51 · ≈ 3:45 PM

It seems very permissive to me. Madam Chair, we put conditions on the project regularly that are similar to the condition we have associated with this project and this condition basically says you either have to remove it they can't be occupying it now they either have to remove it or they have to bring it up to standards to meet flood controls requirements or they need to convert it back to an agricultural use

ElectedBob NelsonSupervisor, District 4Proposedvoiceprint 0.966:46:17 · ≈ 3:46 PM

in what period of time?

CommentMadam ClerkProposed · by introduction6:46:19 · ≈ 3:46 PM

Well, we track with this and I'd have to look at the timing in the condition specifically but we have timing associated with all of our conditions of approval. And we have a compliance staff that goes out to make sure that they meet their conditions of approval. We can circle back and I can ask staff to look at the exact timing of it and then we can report that to you in this hearing.

We will require that they follow through on their conditions and that's what the whole purpose of compliance staff and their role.

ElectedBob NelsonSupervisor, District 4Proposedvoiceprint 0.966:46:52 · ≈ 3:46 PM

I'll just take liberty of adding one more thing so as I understand it, the two generators that were at this property are now at the first property

CommentMadam ClerkProposed · by introduction6:47:03 · ≈ 3:47 PM

Madam Chair, I don't have any evidence to that. I got it

ElectedBob NelsonSupervisor, District 4Proposedvoiceprint 0.966:47:06 · ≈ 3:47 PM

from the executive officer of APCD today so I

CommentMadam ClerkProposed · by introduction6:47:11 · ≈ 3:47 PM

think that question is best directed to the applicant

ElectedBob NelsonSupervisor, District 4Proposedvoiceprint 0.966:47:14 · ≈ 3:47 PM

all right

ElectedSteve LavagninoSupervisor, District 5Proposedvoiceprint 0.816:47:16 · ≈ 3:47 PM

well and that's what I wanted to do is let the applicant have a have an opportunity to address like what is the what's the situation there as far as power goes on this particular property and do you need generators or will you be using generators

6:47 – 6:538 turns

ElectedBob NelsonSupervisor, District 4Proposedvoiceprint 0.966:47:32 · ≈ 3:47 PM

So are we, yeah go ahead come on up.

UnidentifiedUnidentified speaker 25Proposed6:47:38 · ≈ 3:47 PM

Hi Matt Allen General Counsel for Central Coast Agriculture thank you for the opportunity to answer the question there were two generators at the site one was a backup generator one was connected to the greenhouse used for nursery facilities that nursery facility greenhouse has an application in for a power upgrade It's been in for a while, but we can't get that approved while we're still in the land use permit process because we're legal nonconforming.

So we were running a generator there. We got an NOV for it. We worked with the APCD for three months from December till March of 2020 through 2021. We went through four different engineers, three of whom thought we could get a permit for this facility. Several didn't and finally in March we got cited for a programmatic violation. We researched that program but it wasn't even applicable so those notices of violations have been reissued for another programmatic violation We're still negotiating in the meantime we have removed that generated from the site. It is not at the other farm, it has been returned to the rental company.

There were 13 generators at the other farm. When we figured out we couldn't permit them, that immediately dropped to three. It's now at one final generator but as your council said, that's not the issue we're here about today. This is a different farm, it's owned by Mr. Cadwell. That permit will go to his land, not Central Coast Agriculture. We are the applicant on his behalf but it's his permit And it needs to be evaluated on its

ElectedSteve LavagninoSupervisor, District 5Proposedvoiceprint 0.816:49:21 · ≈ 3:49 PM

own. Thanks. So I just want to make sure I'm clear on it so if you're legal nonconforming and I know we've been having this issue, so especially in Carpinteria. If your legal nonconforming, you couldn't. You can't upgrade or some things you can't do as far as upgrades go specifically electrical. But you can't get your permit. I mean, it's almost like a catch 22.

It is a weird situation, OK? I just want to make sure that we, I don't really want to talk about the other property but I want to make sure we're okay with the property that we're talking about today and that is there's no longer generators on site. Your application says they will not have generators there it's being upgraded okay and they've been removed

UnidentifiedUnidentified speaker 25Proposed6:50:07 · ≈ 3:50 PM

The generators have been removed and they're not on site. We don't need them to farm outdoors, they were simply used with the greenhouse and that greenhouse won't be operational until we get a power upgrade.

CommentMadam ClerkProposed · by introduction6:50:23 · ≈ 3:50 PM

Madam Chair? Yes. Just to circle back with you on the timing of that condition, they have to follow that condition and comply with it within 90 days of the issuance of the land use permit. Thank you.

ElectedBob NelsonSupervisor, District 4Proposedvoiceprint 0.966:50:37 · ≈ 3:50 PM

Any more questions? So public comment.

UnidentifiedClerk of the BoardProposed · by role6:50:48 · ≈ 3:50 PM

Madam Chair and members of the board, yes we have five requests to speak on this item and we will begin on Zoom with Nancy Emerson to be followed by Jordan Kier.

UnidentifiedUnidentified speaker 15Proposed6:51:08 · ≈ 3:51 PM

Chairperson Hartman and board members, I'm speaking as an individual and a Solvang resident. I asked you to support the Cadwell appeal given the issues that have emerged and are murky about water and the misrepresentation to the Planning Commission of the position of the Sanford Winery. It seems to me Another option for you would be to support the appeal to undo the land use permit and send the application back to the Planning Commission for further review.

Is the planning department using an amnesty policy For all land use permit applicants in an effort to obtain greater compliance with existing regulations by property owners. And if that is not the case, how does planning explain its policy? It seems to me that a land use permit is privilege, not a right. A land use permit for cannabis cultivation or other cannabis activities is potentially a very lucrative item compared with other land use permits.

It is very valuable whether the person obtaining it actually engages in cultivation or sells It's even more valuable now that the cap has been reached in the inland area. Seems to me there is a reason we have a special land use and business license ordinances for cannabis. There is a reason we were assured that code enforcement with cannabis, unlike other code enforcement which is complaint driven would be proactive And funds were provided to hire enough staff to be proactive.

So why are cannabis land use applicants only asked to correct any existing land use problems as they move through the application process without any consequences, even for those who have misstated or lied on the application or during the application process or ignored regulations during this period. It seems to me a special non-amnesty policy is needed for cannabis land use permits that does not reward them for bad behavior. Thank you.

6:53 – 6:596 turns

UnidentifiedClerk of the BoardProposed · by role6:53:46 · ≈ 3:53 PM

We will now go to Jordan Keir, to be followed by Tim Becker. Jordan?

CommentJordan KerrProposedself-stated6:53:55 · ≈ 3:53 PM

Thank you very much. Can you hear me?

UnidentifiedClerk of the BoardProposed · by role6:53:58 · ≈ 3:53 PM

Yes we can please proceed.

CommentJordan KerrProposedself-stated6:54:01 · ≈ 3:54 PM

Thank you, my name is Jordan Kerr with Kerr Groundwater. I'm a professional geologist in California and a certified hydrogeologist by the state of California. And I urge the board today to find and agree with staff recommendations in effectively every aspect of staff response to the appellant's claims. Most notably, Kerr Groundwater our firm that was hired to assist Central Coast Ag several years ago in their endeavors to be good stewards of the land and water.

In so doing, they went to great expense and to great inconvenience really to have us locate a water supply well that would be outside of the delineated groundwater basins relying exclusively on the percolating groundwater of the lower Monterey Formation and the Tranquilon Volcanics. This is outside of the basins and described as the deep well on the property, and in fact that 22 gallon per minute rate could indeed effectively supply all of the water needs of the project in any given year with adequate adaptive management and irrigation practices.

In addition there are the wells that have been described in the alluvial portion of the groundwater basin which we've had the privilege of testing and observing how the water levels there respond to pumping, and how the water levels in non-pumping wells actually do not respond to the pumping of those wells. Indicating a very transmissive aquifer, indicating a very rich source of water that as has been described Does not significantly or material effect in stream flow, the State Water Resources Control Board appears to have agreed with that assessment and has made their statements very clear. These are the same statements that staff is relying upon in their recommendations to the board today In response to the appellant's claims, and I think the biggest issue is circling back to Central Coast Ags good stewardship of the water resources.

You see clear as a bell that not only have they used significantly less water, they're doing it in a more responsible way than previous users of this property. And I think that's the key of cannabis today in Santa Barbara County, it's an opportunity for as Supervisor Williams mentioned good stewardship of the land and water resources environmentally sound practices for a facility and crops that can be indeed profitable and sustainable thank you very much.

UnidentifiedClerk of the BoardProposed · by role6:56:50 · ≈ 3:56 PM

We will now go to Tim Becker to be followed by Kevin Walsh.

PresenterTim BeckerCentral Coast AgProposedself-stated6:56:59 · ≈ 3:56 PM

Hello, my name is Tim Becker professional geologist also with Cure Groundwater speaking on behalf of Central Coast Ag. The appellant has made the blanket statement that the cultivation projects quote lacks adequate water supply particularly by exaggerating estimated water demand to 50 acre feet per year in reality the demand will be much less than this and also much less than the property's historic usage for non cannabis crops The appellant recognizes that the deep bedrock well on property draws exclusively percolating groundwater, that is both outside of the river alluvium and outside of the entire groundwater basin as defined by bulletin 118. Therefore, the bedrock well is not subject to the forbearance period. The bedrock well sustains over 20 gallons a minute with greater production available for shorter durations.

At 20 gallons a minute continuously pumped during the seven month forbearance, a total of 21 acre feet would be produced or more than the annual project demand. Adaptive management storage etc would be employed to satisfy peak demand events. Additional production can also occur at the shallow well, at a minimum during the five-month non-forbearance period to offset some of the annual project demand. Shorter pump durations will allow for adequate recovery and restrict or minimize the induced depression cut. The 105 day diversion modeled by the appellant is not close to project reality. The model river losses also appear to significantly increase even after the diversion period ends.

In reality, a 2020 pump test at the shallow well did not induce any measurable interference at an observation well that was located 300 feet away. That is close to the separation between the shallow well and the river at about 250 feet. Within one minute of shutdown, this shallow well nearly completely recovered to its static conditions. Thus adaptive management can also be employed at the shallow well to ensure no substantially effects on stream flows when they are present which is largely as a result from dam releases during this dry season in the river corridor. Thank you for your time

6:59 – 7:0516 turns

UnidentifiedClerk of the BoardProposed · by role6:59:11 · ≈ 3:59 PM

We will now go to Kevin Walsh, to be followed by Colin Dvorak who is our final speaker. Kevin? And Kevin we have unmuted you on our end if you can please unmute on your end and proceed with your comments Kevin, I do see you are calling in so I have unmuted your phone and you may need to press star six to unmute

UnidentifiedUnidentified speaker 26Proposed6:59:43 · ≈ 3:59 PM

yourself.

UnidentifiedClerk of the BoardProposed · by role6:59:49 · ≈ 3:59 PM

Perfect we can hear you please proceed.

UnidentifiedUnidentified speaker 26Proposed6:59:52 · ≈ 3:59 PM

I think we're getting some feedback though on my end. Are you getting feedback?

UnidentifiedClerk of the BoardProposed · by role6:59:59 · ≈ 3:59 PM

We are not getting feedback. If you have the meeting running on another iPad or computer or something, please mute that. That is where the feedback's coming

UnidentifiedUnidentified speaker 26Proposed7:00:09 · ≈ 4:00 PM

from. Okay, I'll correct. Thank you for resetting. Is it possible to put up the table that I sent? I thought I was going to be able to speak to the table that I prepared as a visual.

UnidentifiedUnidentified speaker 22Proposed7:00:29 · ≈ 4:00 PM

If you could put up our presentation and have it on that slide. Kevin, hold on.

UnidentifiedUnidentified speaker 26Proposed7:00:38 · ≈ 4:00 PM

Thank you. It just says table one. It's on district letterhead.

UnidentifiedUnidentified speaker 22Proposed7:01:11 · ≈ 4:01 PM

Hold on, Kevin. Is

UnidentifiedUnidentified speaker 26Proposed7:01:15 · ≈ 4:01 PM

that how it came through?

UnidentifiedUnidentified speaker 22Proposed7:01:16 · ≈ 4:01 PM

Well, no. I don't think so. But I may have outrun the computer. Madam Chair, I wanted to make a point of order while we're getting this worked out. The last two public speakers were actually part of the applicant team, Jordan Keir and Tim Becker. Obviously, I didn't interrupt their testimony but I don't think that it's appropriate that they get that time since time is really a precious commodity at this hearing and ask that you either grant us six minutes or take six minutes off of the applicant's rebuttal time.

ElectedBob NelsonSupervisor, District 4Proposedvoiceprint 0.967:02:18 · ≈ 4:02 PM

I will have County Council think about that while I just wanted to mention something else as a point of order. County Council reminded me that as ex parte communication, it's not just the appellant or applicant. I need anybody who I've relied on and so I did in fact today speak with Erin Arlington, the executive officer of APCD and I got an email from her yesterday that I'll submit.

So with that, Kevin

UnidentifiedClerk of the BoardProposed · by role7:02:43 · ≈ 4:02 PM

Walsh we're

ElectedBob NelsonSupervisor, District 4Proposedvoiceprint 0.967:02:44 · ≈ 4:02 PM

back. We've

UnidentifiedClerk of the BoardProposed · by role7:02:45 · ≈ 4:02 PM

got your chart up. Kevin just so you are aware and before you proceed with your comments we can only put one thing on the screen at the time so you will not see the timer but you only have three minutes to speak so please stay within that window thank you.

UnidentifiedUnidentified speaker 26Proposed7:02:58 · ≈ 4:02 PM

Thank you Madam Chair all I have is a table it's on the screen and thank you board members. I am Kevin Walsch San Ynez River Water District. We manage the downstream release for Kachuma for the river Water users in the valley and our major stakeholder along with the county, and the three groundwater sustainability agencies. My comments are not for or against the project. My comments are with reference to reported water use and the table I've prepared that's up on your screen. The applicant only submitted a table of water use through year 2015 claiming that cannabis was began growing in 2016. That was not what is reported in the water district Using 2016 as an example, the reported use was 18 acre feet. Applicant represents about one third of that amount to you and apparently only about one sixth of that amount to the State Water Board.

So is the figure given you just a small number of acres of cannabis that year which needs to be added to the row of crop demand? Or is it included in the row crop demand or is what is represented to you too small? In order to husband the resource, which is what my district does for the benefit of all, which was what my district does. There needs to be an accurate and equitable water use data and projections. This has not fully happened for this project. Further there is no representation of the water use for the residents, the residual orchard which is to remain landscaping or whatever water uses requiring the construction of two new septic tanks.

Binding 2.11, which you will be presented with after all this comment, indicating the use of 15 acre feet per year is far too low for the 24.5 acres of cannabis. No evidence or calculations were presented for such an unusually low number. A more reasonable projection would be at least four times that amount. County staff refuting the appellant's hydrologist is somewhat perplexing to me personally Given that the county was fully satisfied with the work of Dr. McCord, which the county paid for his part in the preparation of the San Diegnes Groundwater Sustainability Plan.

The district requests that you not sanction unreasonably low water use figures for cannabis growth in the San Diego River Valley and refer finding 2.11 back to the County Water Agency staff for a more reasonable projection. Thank you for your time.

7:05 – 7:179 turns

UnidentifiedClerk of the BoardProposed · by role7:05:34 · ≈ 4:05 PM

We will now go to Colin Dvorak, who is our final speaker.

CommentColin DvorakProposedself-stated7:05:45 · ≈ 4:05 PM

Chair Hartman and Supervisors, my name is Colin Dvorak with Pacific Grown Organics, a cannabis applicant in Carpinteria and a longtime resident of Santa Barbara. I wanted to take a moment to offer my support for the Cadwell Cannabis Project, John DeFriel, and Central Coast Ag. I've been engaged in the cannabis conversation in this county since 2017 and can speak firsthand of the responsible stewards this group is of their community.

I am grateful to John and the Cadwell family for their leadership in this industry, leadership that has had significant negative consequences for them as is evidenced by this hearing. The Cadwell farm is highly professional and deploys best These cultivators are among the most engaged in their community, having been part of the solution for cannabis' successful integration into Santa Barbara County from the very beginning.

In addition, they have confronted the challenge of odor with creative science-based analysis to deploy the very best practices for their farm type. The Cadwell Cannabis Project is an excellent model for other operators in the cannabis space and I think Santa Barbara County should be grateful Thank you so much for your time.

UnidentifiedUnidentified speaker 8Proposed7:07:11 · ≈ 4:07 PM

Madam Chair, members of the board. It has always been our recommendation that we provide equal time to the applicant and the appellant in this particular circumstance there were two speakers in public comment that were on behalf of the applicant but I did notice that when the applicant gave the presentation they did leave five minutes on the clock so if you were to offer a minute to the appellate it would equalize the time and that would be my recommendation okay

UnidentifiedUnidentified speaker 25Proposed7:07:39 · ≈ 4:07 PM

She beat me to it. I was just going to say, we had five minutes on the clock and I apologize. It was the only way we could organize those speakers to get into this hearing with us present. We didn't realize that we could work both sides until Lindsay figured it out at the last minute. So that was our way to get them on the record. We weren't trying to sneak them past your timeframes. I apologize. Thank

ElectedBob NelsonSupervisor, District 4Proposedvoiceprint 0.967:07:58 · ≈ 4:07 PM

you. So now we go back to the appellant and I believe that would be seven and a half minutes

UnidentifiedUnidentified speaker 22Proposed7:08:12 · ≈ 4:08 PM

Very good. Staff, would you please bring up our presentation? All right. Shall I wait for Supervisor Williams to return?

ElectedBob NelsonSupervisor, District 4Proposedvoiceprint 0.967:09:20 · ≈ 4:09 PM

He heard that. Go ahead.

UnidentifiedUnidentified speaker 22Proposed7:09:23 · ≈ 4:09 PM

Okay, thank you Madam Chair. I'm going to speak to the water issues that we heard from staff that they had worked with the regional board and made and the regional board I'm sorry the state board made a specific determination unfortunately that is not in the record and one of the challenges that we've had with this project is trying to get accurate and stable project description information and the map of I'd like As, as to which one and so we have a Public Records Act request out to the State Board to try and get this information. And obviously we can do the same thing for staff but I think there is a need for more information in order to fully understand what actually is going on where is the state board on this forbearance issue?

As we see the chronology The deactivation email that the applicant's agent put forward had the effect of relinquishing the State Board's jurisdiction and thereby evading the forbearance requirement. But we think it's clear that Policy 66, which Dr. McCord showed, which requires a forbearance from the period of March 31st to October 31st—virtually the entire growing period That prevents them from using any of the alluvial wells, and only that bedrock well is sufficient. This is not just our opinion but in fact Jordan Keir's own testimony in the record, his 2020 report. Based on our review we conclude that while the existing well extracts from a shallow alluvial aquifer that may be classified as part of the quote subterranean stream unquote of the San Andes River flow system.

The applicant's own hydrologist admit that the trigger for forbearance is applicable to the alluvial well that he's describing here, and that's the one that Dr. McCord responded to. So there is a logical disconnect between the evidence within the record and the conclusions that there is not a requirement of forbearance here. And that is significant and material. The second hydrological issue that's considered—that's very significant, is the testimony of the St. Edwards River Water Conservation District General Manager Kevin Walsh. Now you've all seen a number of these cannabis appeals and we've seen a lot of them before the Planning Commission.

And generally the water duty, the amount of water necessary to grow an acre of cannabis is in Santa Barbara with two crops per year is 2-2.5 acres per acre foot. I don't know how the numbers that are being claimed for this grow can work. As Director Walsh said it should be probably four times higher. There's 24.5 acres of cannabis The water duty at a conservative 2 acre feet per acre would indicate that they need close to 50 acre feet, 49 acre feet of water in order for this project to proceed.

They're claiming it's only 15. That part doesn't add up, and that's a second when I'm trying to get to the bottom of what's going on here. If your board feels that these are legitimate issues that need to be developed further, that would be a second area where I think additional evidence needs to be solicited to be able to demonstrate that in fact they can grow cannabis at less than half of an acre foot of water per acre of cannabis. They would be the first ones ever to do it And frankly, I concur with Director Walsh that that does not seem to be possible. And if that's the case and the forbearance policy applies, the only source of water that is potentially available for the project is the bedrock well identified as a test well.

It's Mr. Jordan himself admits, or Mr. Keir, the applicant's hydrologist himself acknowledges. So there is a significant disconnect between the facts that's been presented by the applicant's own hydrologist confirmed by Dr. McCord our hydrologist and the statement that this State Water Resources Board for some reason has relinquished jurisdiction over this project. These don't add up these facts are not consistent with each other So that gives us a considerable pause. And the problem is, once you approve this permit and there's 24 1⁄2 acres of cannabis that are proceeding, there's no way to unring that bell.

And so we think it'd be better to get it right. I know staff's gonna say well compliance with the conditions is an ongoing requirement and so if they don't have the water then they're not in compliance but I think it's better if we can get this right up front This site can't sustain the amount of acreage that's being proposed for it. So, that's the water issues. Let me turn to the APCD.

As you can see here's a slide that shows the three Central Coast agriculture facilities There's the one in the middle is Santa Rosa Road. That's the one that are 5645 to the right is 8701. That one currently has two unpermitted generators that are operating staff has advised me that the product from 5645 is going to 8701 so you can't put your head near sand and say, oh well there's no violations here. So we can just overlook the fact that a number of very large diesel generators are going to be operating adjacent to the city of Buelton in order to process and to store the product that's coming off of this grow. These are three interrelated operations, this is their oil operation where they similarly are operating without the benefit of APCD permits, operating generators and they have no permit for their extraction lab Which they've currently applied for, but they don't have it.

And I'd like to also note that this the project site itself is adjacent to Santa Rosa County Park. So this is not there are sensitive users immediately adjacent to the property here and so that the combination of the integrated projects and the flagrant violations that are happening at each element of that. They may have moved the generators off of 5645 and stored them over at 8701, but it's not a comprehensive solution. Again, there is a need for more information about what's really going on. We need to hear from the APCD to understand what is the status of those violations and confirm whether or not this site really can be operated as proposed. So for all these reasons we ask that your board uphold the appeal or alternatively to delay this matter and defer it requesting other specific information addressing water supply adequacy, water demand and the status of the various violations that have been presented here.

Madam Chair that concludes our presentation and we appreciate your consideration. Thank

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ElectedBob NelsonSupervisor, District 4Proposedvoiceprint 0.967:17:11 · ≈ 4:17 PM

you. The applicant?

7:17 – 7:224 turns

UnidentifiedUnidentified speaker 25Proposed7:17:22 · ≈ 4:17 PM

Thanks, so I want to address a few issues. First off the State Water Resources Control Board does have documentation in the record. The NOA is part of the record notice of applicability they approved the well usage it's in the record Mr. Chatillo has seen it With regard to the water usage, I want to point out that Mr. Walsh's data is based on acres and crop types. There's nothing in Mr. Walsh's data collection process that is related to cannabis. It's related to cut flowers, it's related to row crops, and he asks that you simply calculate the number of acres you grow and multiply and send him a report and pay him a minor fee. It not a very large fee.

For the years that are confusing up there, our landlord was still filing on behalf of his farm with regard to this property. However we do have a metered well on site. That meter does show actual water usage for the site and those numbers we've produced in our report are related to that metered well usage that we track directly. And I'll have John, hopefully I'll save him enough time, he'll come on up explain to you why our farming is so much better at water usage than most of the county and most of the other farmers out there.

With regard to the APCD, yes we do have another facility in Lompoc. It does have an issue. One, the backup generator wasn't approved in a timely manner. We inherited that backup generator The second issue is we now have a programmatic issue with regard to our extraction process. That program didn't exist when we permitted the facility in 2019. We are working with the APCD to get a permit for that, but it requires backed analysis And backed analysis requires a third party engineering. The problem is our system is designed by us because we believe we're the best in the world at doing it, so we're having to hire third parties to come in and evaluate an existing system, and it's taking a long time to get to what they consider backed.

But we are working with them daily to get that in place. Again, I don't think this is relevant. I think your attorney has directly spoken on this point. We don't look at other sites with regard to this land use permit but I do want to defend the name of my company and against these attacks. And John's going to come and talk to you about water usage.

CommentJohn DeFrielProposedself-stated7:20:00 · ≈ 4:20 PM

Yeah, I can give you a quick rundown on the math on the water usage and why this is better. And it's also been looked at by California Department of Fish and Wildlife who also said that this is the lowest water usage they've ever seen of anyone in the state. So we use high flow drip tape. It's about .68 gallons per minute on 8-inch spacing. Basic math. Per foot, you add a gallon of water a minute. When you run all that math out on a 12-week crop, we irrigate generally once a week. On average 7 or 8 days a week. If it's like end seasons early spring late fall when you either have a cloudy layer or it's cold outside, you only need to irrigate every 10 to 14 days.

If it's the heat wave time of the year, we will have to irrigate maybe twice a week. It's all about timing. If you get the water on the plant before the heat wave comes, the plant has the water available to it. It absorbs it well and never gets stressed from the water load. And you don't have to irrigate as often because the plants actually like got a strong immune system essentially.

We use high flow of drip tape, we then also irrigated with or we put plastic mulch on top that does two things one the plant's roots only go 12 inches down so we don't need to add water below below 12 inches because you're not feeding anything If you add too much water, then you end up rotting the bottoms of your roots out. And this plant is actually way easier to overwater than underwater.

So what happens as you add the water into the table—into the column? With that plastic mulch it actually heats up and brings the water back up out the table. It hits the plastic. It recondenses and comes back down. You don't lose it to evapotranspiration like you would lose from a sprinkler irrigated crop or something that's like from the top. When you do all the math out over about a 12-week cycle, you use about 120,000 gallons. An acre foot is 325,000 gallons so little less than half an acre foot per crop and we've got years of data on that now and it's dialed.

Thanks.

UnidentifiedUnidentified speaker 25Proposed7:22:07 · ≈ 4:22 PM

Thanks unless you have any questions that concludes our presentation

ElectedBob NelsonSupervisor, District 4Proposedvoiceprint 0.967:22:12 · ≈ 4:22 PM

I did have a question. Would you be willing to condition the project to just use the well on the bench and not use the well in the river?

7:22 – 7:3013 turns

UnidentifiedUnidentified speaker 25Proposed7:22:23 · ≈ 4:22 PM

No, that's not unless we need to. The water quality is different and it would require a lot of water treatment processes and a lot of water storage tanks on the hillside and I don't think that's beneficial for anyone From everything we've seen in all the hydrology reports, there is no impact on the water in the river from our pumping of the well. In fact, the CDFW gave us an LSA and signed off on just that fact. So we're not protecting any fish in the river because they've already looked at that and decided there isn't any impact on the fish in the river. I don't think it makes any sense from a project applicant standpoint To pull water that's less quality, that would require a lot of treatment and building of tanks up on the hillside in order to not use that well.

But if you have more questions I'm happy to answer that.

ElectedBob NelsonSupervisor, District 4Proposedvoiceprint 0.967:23:21 · ≈ 4:23 PM

So back to staff any further clarifications?

CommentMadam ClerkProposed · by introduction7:23:26 · ≈ 4:23 PM

Madam Chair members of the board Gwen Baylor did have a few additional comments that she wanted to respond to.

CommentGwen BaylorProposedself-stated7:23:35 · ≈ 4:23 PM

Thank you, Madam Chair and members of the board. Yeah I wanted to clarify that the record does show extensively that the State Water Board has reviewed this project and that it has determined that it complies with all requirements. This is evidenced by attachments 13 and 14 to the board letter which are the notice of receipt and the notice of applicability from the State Water Board.

This is also addressed in the CEQA checklist in the record The project is not a surface water diverter. We have worked closely with the Water Board on this issue, as has the applicant. Additionally, the applicant provided a memorandum explaining the historic and proposed water usage which is included as attachment nine to the board letter. I want to clarify that staff has worked with Santa Ynez River Water Conservation District staff on this project And we confirmed that the applicant has reported pumping records to the district.

I want to acknowledge that the applicant is required to provide pumping records to the Santa Ynez River Water Conservation District, just like all well users are in that jurisdiction. Lastly, I want to acknowledge once again that all generators on site have been removed associated with any APCD violations and APCD staff has informed me As recently as yesterday, and previously as well that the applicant is actively working on evading any violations and that the generators have been removed.

That's all thank you

ElectedBob NelsonSupervisor, District 4Proposedvoiceprint 0.967:25:09 · ≈ 4:25 PM

supervisor Williams.

UnidentifiedUnidentified speaker 4Proposed7:25:10 · ≈ 4:25 PM

When can I get a little more clarification? You know the explanation that the applicant provided was A crop type in the conservation district is essentially calculating water usage from a crop type. Is that, uh, is that? Is that the case? Is that why this discrepancy exists?

CommentGwen BaylorProposedself-stated7:25:38 · ≈ 4:25 PM

Supervisor Williams to the chair. I don't think I'm going to be able to answer that question. I don't know exactly the details of the district requirements, so I would defer to the applicant on that. Thank you.

ElectedBob NelsonSupervisor, District 4Proposedvoiceprint 0.967:25:52 · ≈ 4:25 PM

Did you want to put that to the applicant, Supervisor Williams? Well I

UnidentifiedUnidentified speaker 4Proposed7:25:55 · ≈ 4:25 PM

think the applicant... That's the representation correct that you just made. I was just trying to see if I could get verification of it from staff.

UnidentifiedUnidentified speaker 25Proposed7:26:07 · ≈ 4:26 PM

Yeah, that's our understanding sir. It's based on a crop type not metered results from our wells. And I refer to... So I'll apologize because there are a number of Entities that control water along the river and I'm just talking about the reports submitted to mr. Walsh's group There's a couple of others, so I just want to make sure I'm clear which one I'm referring to

UnidentifiedUnidentified speaker 4Proposed7:26:39 · ≈ 4:26 PM

oh I've been dealing with water districts in Santa Barbara County for 20 years and I still haven't got it all straight and

ElectedBob NelsonSupervisor, District 4Proposedvoiceprint 0.967:26:52 · ≈ 4:26 PM

Are there any more questions? Bring it back to the board for deliberations. I'll go last.

ElectedSteve LavagninoSupervisor, District 5Proposedvoiceprint 0.817:27:08 · ≈ 4:27 PM

Well, I had two major concerns coming in one was obviously water and it's difficult sometimes when we're up here in a quasi judicial and you're trying to analyze evidence And you basically get, okay. You basically get a applicant telling you one thing and the appellant saying the exact opposite but we deal with that quite a bit up here is that there's just a difference of perception of facts and that's why I rely on our professional staff that has vetted these to go through Their recommendation and so on the water issue. I'm I'm you know, I'm assured at least to my satisfaction that staff was very adamant that there is an adequate water supply that the applicant is allowed to use and so I'm satisfied in that regard brings me to a PCD. That was another concern for me.

But the way I look at You know, legal nonconforming especially on their previous project just puts us it's just not a good situation to be in. And it does create these situations that we've seen a lot with cannabis is that You know, especially when it came to even odor control and carpenteria. People were saying I want to put odor control in but I'm not allowed to do it right now because I'm legal non-conforming so I understand that was kind of a catch 22. The way I look at it on the APCD side is for me we deal—we see hundreds of businesses annually that have APCD violations APCD hearing board hears those, sees those. NOVs are issued. Fines are paid.

We get a report every two weeks of who's on that violation list and usually the situation is remediated they pay a fine they move forward I want and that's why I asked that question I want to make sure the applicant is I'm 100% certain that they know that we are very concerned that there are not going to be non-emergency generators on the site. And I see that there is an additional condition now of approval, it is delineating that generators are prohibited except for temporary use in the event of a power outage or emergency.

So the other things that we didn't talk about on this project though is that this is And I know Mister still talked about the park, but I drove out to the site and we always looking for a place out in the middle of nowhere. It was actually right almost in the middle of nowhere was 7 miles from built-in and about 7 miles from Lompoc it's in a it's a relatively smaller grow for that area 24 acres and we just approved some Much larger sites that are probably using water sources that are similar to this one. Not sure why those weren't appealed, and it's in an area really where it's down in a valley.

So my two answers were... My two questions were answered. My concerns were addressed which was the water supply and the APC especially with this additional condition of approval.

7:30 – 7:368 turns

UnidentifiedUnidentified speaker 8Proposed7:30:52 · ≈ 4:30 PM

County Council, Madam Chair, members of the board. I just want to make sure I believe that both the appellant and applicant have been provided that new condition of approval. And I don't know if planning has any comments on that as well?

CommentMadam ClerkProposed · by introduction7:31:15 · ≈ 4:31 PM

Madam Chair, members of the board we're working on getting that put up on the PowerPoint slide presentation. And

UnidentifiedClerk of the BoardProposed · by role7:31:23 · ≈ 4:31 PM

chair Hartman and members of the board I can confirm that is available online and has been distributed to all board members in both parties thank you

UnidentifiedUnidentified speaker 1Proposed7:32:01 · ≈ 4:32 PM

Madam Chair, should we just keep?

ElectedBob NelsonSupervisor, District 4Proposedvoiceprint 0.967:32:04 · ≈ 4:32 PM

Yes, Supervisor Hart. Let's

UnidentifiedUnidentified speaker 1Proposed7:32:06 · ≈ 4:32 PM

go forward. I agree with Supervisor Lavinino's assessment. These are two issues that the appellant has raised, the water and the use of generators. We have a condition that is very precise, very specific. There will be no generators on the property. The P&D staff will provide In site inspections on a weekly basis between approval of the permit and connection to the PG&E power source. And then thereafter, planning and development inspectors will spot check to respond to any complaints so there is a past history that is worrisome And the best way to solve that, particularly given the legal nonconforming status is to get a permit that has conditions that are enforceable. This is exactly what that condition will do and in regards to the water issue you know very complex information from both the appellant and the applicant That is absolutely contradictory and like Supervisor Lavinino, I rely on our staff to sort through that and give us their unbiased independent judgment about those facts in question.

And they very explicitly are telling us that this is not an issue that the State Water Quality Control Board has made its opinion known about this project and I have to rely on to evaluate this project. So I will be supporting the application denying the appeal.

ElectedBob NelsonSupervisor, District 4Proposedvoiceprint 0.967:33:33 · ≈ 4:33 PM

Supervisor Williams?

UnidentifiedUnidentified speaker 4Proposed7:33:36 · ≈ 4:33 PM

Well, you know, I think I expressed my dismay and anger about the generator issue adequately. You know, I just think that it's really important how we do this At the beginning, and I know for those of us that have been slogging through for the last five years we don't think it's the beginning but it still is the beginning of something. And you know I sincerely hope since none of the players here are going anywhere but I That Mr. DeFriel and this operation leads by example and does not engage in these, they are choices that are rational at a certain point but they're not leadership right?

Believe me I've had to deal with so much interconnectivity onto the grid issues in Carpinteria because growers there have insufficient power to run the odor control devices, right? But they do it and they don't do it this way. And so my hope is that moving forward we have strong enforcement but even more so that we have leadership from the applicant. I very much at minimum Need this condition of approval. I brought it to staff. This question this morning and appreciate both County Council's office for drafting it and planning staff for vetting it.

I think the water issue is about as clear as mud. It's. That is It's unsettling to me, but I also have to in the wake of—I have to trust the regulators onto what is the requirements of the regulation. Right? I can't trust an interested party even one that I've known for a long time and trust more than that they are permitted to use or the backup well that they're permitted to use, then I won't stand in the way of that given issue.

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7:36 – 7:4217 turns

ElectedBob NelsonSupervisor, District 4Proposedvoiceprint 0.967:36:38 · ≈ 4:36 PM

I guess I'll be the odd person out here. I will say that Mr. Jafreal is a leader in the cannabis world in North County, in the San Ynez Valley and unfortunately he's been a leader who has been acknowledged up here somewhat troubled history And we look at the legal nonconforming and expansion on the different sites, and we kind of look the other way. When we had this Santa Rosa Road first project, we approved that even though there were outstanding violations with it with the generators.

And this project, there have also been violations and I think Supervisor Lavinino you said there's a violation and the fine is paid. That hasn't happened here with any of these violations so that's still being negotiated And the issue on the water, to me that's really the most serious. I was listening to the radio coming in today. We're in a 1,200-year mega drought and the only reason it's only 1,200 years is that's as far back as the tree ring analysis will allow people to go. So we're in a drought that we've never seen before in our history and what the effect is on the Santa Ynez River, I'm not sure what the State Water Board actually looks at. Do they come out here and really go on site and understand these situations? Or are they just processing paper?

I look at some other state agencies, and they don't have a Renew 2022. They're just doing the same old stuff. And so their performance of late has not been stellar. So I don't really rely on the State Board I it's a well in the river. And I think it affects the river flow so I just for those reasons, I just can't support this project so I'll be the odd person out here.

Supervisor Williams, did you have another comment?

UnidentifiedUnidentified speaker 4Proposed7:38:57 · ≈ 4:38 PM

I just want one clarification to your comments. We did not approve the last project despite the violations. We were not apprised of the violations.

UnidentifiedUnidentified speaker 21Proposed7:39:08 · ≈ 4:39 PM

Yeah we

UnidentifiedUnidentified speaker 4Proposed7:39:09 · ≈ 4:39 PM

weren't. The violations came out after our approval and so that was an issue, at least the generator ones which I consider to be serious. Some other things are unavoidable. The ADU frankly, I'm solidly in the applicant's corner on the ADU. We need farm worker housing and I hope that they are able to remedy that and build a farm worker housing. But I hope that the point has been made, this over generators. It is what the ordinance says and it should mean something.

ElectedBob NelsonSupervisor, District 4Proposedvoiceprint 0.967:39:50 · ≈ 4:39 PM

Supervisor Labanino?

ElectedSteve LavagninoSupervisor, District 5Proposedvoiceprint 0.817:39:51 · ≈ 4:39 PM

I'll go ahead and make a motion and. Yes,

UnidentifiedUnidentified speaker 8Proposed7:39:55 · ≈ 4:39 PM

sorry to interrupt

ElectedSteve LavagninoSupervisor, District 5Proposedvoiceprint 0.817:39:58 · ≈ 4:39 PM

no problem

UnidentifiedUnidentified speaker 8Proposed7:39:59 · ≈ 4:39 PM

but we did provide the condition language to both the applicant and appellant. I understand that the applicant has requested a revision so my recommendation would be that you hear from the applicant about their request for the change and then also hear from the appellate as well.

ElectedBob NelsonSupervisor, District 4Proposedvoiceprint 0.967:40:20 · ≈ 4:40 PM

Mr Allen

UnidentifiedUnidentified speaker 25Proposed7:40:23 · ≈ 4:40 PM

Yeah, so all I asked for was that the language from the code section be clarified. And I think Director Plowman had that up but I believe it's just cultivators for cultivating generators aren't allowed for cultivation and that would be consistent with the language of the code section. And that's all I was looking for is the clarification on that which would cover this I'm not trying to get around that. What

UnidentifiedUnidentified speaker 4Proposed7:40:53 · ≈ 4:40 PM

else would you need a generator for?

UnidentifiedUnidentified speaker 25Proposed7:40:59 · ≈ 4:40 PM

My concern is if we came back in down the road and wanted processing or something along the road, I don't want generators, sir. We're in your camp on this. We'd rather not have them. So I was just making sure. I

UnidentifiedUnidentified speaker 4Proposed7:41:15 · ≈ 4:41 PM

don't think you need this clarification if you're going to actually adhere to the terms of the ordinance. You're not allowed generators for processing either. I

UnidentifiedUnidentified speaker 25Proposed7:41:24 · ≈ 4:41 PM

understand, I simply went to well there are general the code section is just about cultivation so if you are concerned about that you might want to look at the changes you're making And add that in but the other thing is I was actually wondering because I have spent enough time looking at generators There's hydrogen, you know, there's a whole bunch of clean generator systems out there and I was thinking that the code section might have called that out and it doesn't so That's that's really what I initially looked for And then director Plowman said the only thing in there was that it was around cultivation. Yeah if he wants to use battery

UnidentifiedUnidentified speaker 4Proposed7:42:01 · ≈ 4:42 PM

generators Go to it. There are megawatt generators. And the code section doesn't call those out as allowable? Yeah, that is a flaw.

ElectedBob NelsonSupervisor, District 4Proposedvoiceprint 0.967:42:14 · ≈ 4:42 PM

So Director Plowman before we go to the appellant do you have a fix

7:42 – 7:4711 turns

CommentMadam ClerkProposed · by introduction7:42:22 · ≈ 4:42 PM

Madam Chair, members of the board. So what we had proposed was to add some language to the condition that just clarified exactly what the code says which is the use of generators for cultivation is prohibited And so we would add it to read, consistent with the project description and pursuant to the Land Use and Development Code section. I'm not going to read that part. Generators for the use of cultivation are prohibited except for temporary use in the event of a power outage or emergency.

And it's really just clarifies exactly what that code section says. Honestly,

ElectedSteve LavagninoSupervisor, District 5Proposedvoiceprint 0.817:43:10 · ≈ 4:43 PM

I've never seen us have a condition of approval of something that's already in the it's already you know so I mean I mentioned in the monitoring piece. I think that's that's different but Why do we need an additional? Condition of approval for something that's already prohibited Except that I guess it gives us another I think I don't know about the different language.

It all seems like semantics to me as far as if it's for cultivation or not. When we go out there, if there's a generator operating, I think it's going to be a problem. So I don' t know. I'll take your recommendation Ms. Plowman as far as if you're good with the changed wording or not?

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CommentMadam ClerkProposed · by introduction7:44:17 · ≈ 4:44 PM

Madam Chair, Supervisor Levin. You know I'm fine with the proposed change it just repeats exactly what the code section states so if it makes the applicant more comfortable I can accept that.

ElectedBob NelsonSupervisor, District 4Proposedvoiceprint 0.967:44:29 · ≈ 4:44 PM

Supervisor Williams did you have something your light is still on?

UnidentifiedUnidentified speaker 4Proposed7:44:32 · ≈ 4:44 PM

Yeah I just wanted to clarify that a battery backup would be considered a battery not a generator for purposes of this because that's the question that the council brought up

CommentMadam ClerkProposed · by introduction7:44:47 · ≈ 4:44 PM

Madam Chair, Supervisor Williams. You know I am probably have enough information to be dangerous about something along those lines. I know that people have batteries for their solar power etc. That would not be captured

UnidentifiedUnidentified speaker 4Proposed7:45:04 · ≈ 4:45 PM

by us. You can have a big 1200 square foot battery if you wanted to is that going to be considered a battery or a generator?

CommentMadam ClerkProposed · by introduction7:45:15 · ≈ 4:45 PM

Madam Chair, Supervisor Williams. Based on our conversation today and the knowledge that I have, I would say that would be called a battery and not a generator.

ElectedBob NelsonSupervisor, District 4Proposedvoiceprint 0.967:45:27 · ≈ 4:45 PM

And then there's the complexity of hydrogen that Mr. Allen raised but we may over time need to clarify generators and distinguish diesel from other kinds but Mr. Sciatillo

UnidentifiedUnidentified speaker 22Proposed7:45:46 · ≈ 4:45 PM

Thank you Madam Chair, members of the board. Responding to Supervisor Lavagnino's question through the chair I asked this question of the APCD what would stop the applicant from just bringing the generators back after they'd been removed because they confirmed to me yesterday that they were removed and they said well there's nothing but we do periodically go and monitor.

I think the language is helpful with stipulation in the weekly monitoring so that there is A continuing presence there. The other issue, staff if you wouldn't mind putting the language back up. Just the other issue I want to talk to with respect to the condition is the timing piece. We had conditions with 8701 that required the applicant to share their testing information which they've not done.

One of the comments that staff has made I kind of want staff to hear this so I'm going to pause for just a second. This is important too. Can we put

ElectedBob NelsonSupervisor, District 4Proposedvoiceprint 0.967:46:49 · ≈ 4:46 PM

the conditions of approval back up? I think we're correcting something here.

7:47 – 7:5714 turns

UnidentifiedUnidentified speaker 8Proposed7:47:24 · ≈ 4:47 PM

Madam Chair, members of the board. We're just coordinating on getting the language up and making sure that if there's a change that it's clear and then we will coordinate with the clerk to post that as well.

ElectedBob NelsonSupervisor, District 4Proposedvoiceprint 0.967:47:34 · ≈ 4:47 PM

So the for use of cultivation is what we're waiting for? Yes, that's correct.

UnidentifiedUnidentified speaker 22Proposed7:47:40 · ≈ 4:47 PM

Okay, thank you Madam Chair. My question is concerning timing and with other permits from this operation from this operator the expectations were not realized and one of the questions was well they haven't received their permit yet or their permit's not yet issued And so the question here is whether the intent of the board in adopting this condition and whether this is enforceable at law by the board, by the county, is to this shall not operate non-emergency generators on the site at any time. Well if that language is not effective until the permit is actually issued it may be many months before we actually get effectiveness of this condition. And so my question to the County Council, to the Board is whether what actually is the timing for the effectiveness of this condition and is it possible to ensure that this condition will be effective and enforceable immediately because that's really what we're I think most concerned about.

Thank you Madam Chair

CommentMadam ClerkProposed · by introduction7:48:46 · ≈ 4:48 PM

Director Plowman. Madam Chair and I can, I'm happy to have Council Wayne if they would like to but this is part of our code and so it is immediately enforceable.

UnidentifiedUnidentified speaker 8Proposed7:49:01 · ≈ 4:49 PM

Madam Chair members on the board I will confirm that as well that this is already a requirement and so it's would be immediately enforceable and what this condition is adding is really the timing in the inspections

ElectedBob NelsonSupervisor, District 4Proposedvoiceprint 0.967:49:17 · ≈ 4:49 PM

Okay. Madam Clerk, will you call the roll?

ElectedSteve LavagninoSupervisor, District 5Proposedvoiceprint 0.817:49:21 · ≈ 4:49 PM

I didn't make a motion yet with the new language. Oh, I'm sorry. Well that's all right. We didn't have it up yet so I'm going to go move revised recommended actions 1, 2, 3 and 4 with the language of the additional condition of approval regarding generators that's listed and publicized.

UnidentifiedClerk of the BoardProposed · by role7:49:45 · ≈ 4:49 PM

Chair Hartman members of the board just for clarification. That's recommendations ABC and D

ElectedSteve LavagninoSupervisor, District 5Proposedvoiceprint 0.817:49:50 · ≈ 4:49 PM

Not on my sheet

UnidentifiedClerk of the BoardProposed · by role7:49:51 · ≈ 4:49 PM

with additional My apologies that did not come from the clerk of the board with additional changes to the conditions Sounds good great. Thank you

ElectedBob NelsonSupervisor, District 4Proposedvoiceprint 0.967:50:03 · ≈ 4:50 PM

and Supervisor Hart seconded

UnidentifiedUnidentified speaker 4Proposed7:50:09 · ≈ 4:50 PM

So so the additional Element added is this condition.

Roll-call vote Passed 3–1 · 1 under review
Show transcript
Call the roll, Madam Clerk. Supervisor Williams? Aye. Supervisor Hart? Aye Supervisor Lavinino? Aye Chair Hartman? No
UnidentifiedClerk of the BoardProposed · by role7:50:32 · ≈ 4:50 PM

Motion passes 3-1

ElectedBob NelsonSupervisor, District 4Proposedvoiceprint 0.967:50:36 · ≈ 4:50 PM

And we'll have a five minute break before going on to the next item We're reconvening at about five o'clock the Santa Barbara County Board of Supervisors meeting of February 15th and we're on our last item of the day. Madam Clerk would you please read that into the record?

7:57 – 8:145 turns

UnidentifiedClerk of the BoardProposed · by role7:57:34 · ≈ 4:57 PM

Chair Hartman and members of the board, departmental item number 5 is from the county executive office. It is a hearing to consider recommendations regarding an update on the coronavirus disease 2019 COVID-19

CommentBoard Hearing Room ChambersProposed · by introduction7:57:52 · ≈ 4:57 PM

Good afternoon. Good afternoon.

ElectedBob NelsonSupervisor, District 4Proposedvoiceprint 0.967:57:55 · ≈ 4:57 PM

Good to see

CommentBoard Hearing Room ChambersProposed · by introduction7:57:55 · ≈ 4:57 PM

you and good afternoon chair Hartman and members of the board, Dr answer again I will be presenting the covet 19 updates today next. I'd like to start with our summary, and this can be found on our community dashboard. We are seeing a decrease in new cases, active cases and hospitalization. With regards to new cases we are reporting 143 which is 53% decrease from two weeks ago.

The number of active cases is at 1,186 and this is a 49% decrease from two weeks ago as well. Total cases for our county stand at 83,017. Our case rate per 100,000 has dropped as well and it is now 42.35 per 100,000. Unfortunately we are as anticipated seeing an increase in deaths. We have five new deaths to report and all individuals were 70 plus years of age, four had underlying health conditions and one was associated with a congregate care site.

We are reporting 77 hospitalized with 13 in the ICU and again This is a decrease of 22% from two weeks average total deaths in our county stand at 636 and testing positivity stand at 13.4 next Our case rate, this is a snapshot of our case rate throughout the pandemic. And as you can see, the red text describes are the Omicron surge which peaked at 257.6 cases per 100,000 earlier in January and it has steadily drastically decreased to current 42.4 So this is a roughly a 72% decrease from the last two weeks.

Next. This is a graph that describes our case rate by vaccination status. We are seeing a decrease of case rate among unvaccinated in the last two weeks of about 31%. Among the vaccinated is more dramatic at 60%. The risk for infection and severe illness and death remains high among those that are unvaccinated in our community. As you can see data as of January 30th, persons who are unvaccinated are 5.7 times more likely to contract COVID-19 When we look at data from May 2021 to current January 2022, unvaccinated individuals are 2.3 times more likely to be hospitalized for severe illness And then lastly, data from January 1st 2021 to 2014-22 indicate that unvaccinated individuals are 6.8 times more likely to die than persons who are vaccinated.

Next. Our, our hospital capacity is improving. Currently we have 35% hospital beds available and about 26% staffed ICU beds are available. Next We are seeing, following the case trend of decreasing. We're also seeing as I mentioned earlier hospitalization rates decreasing in the past two weeks we are seeing a decrease of 29% and our ICU numbers an increase of 8%. Next Our vaccination rates, currently we have 71.4% of eligible Santa Barbara County as fully vaccinated and only 67.1% of Santa Barbara County as fully vaccinated. And when we dive deeper, we're seeing really a slowdown of the number of people getting their first shot And we are seeing mostly people getting their booster shot and the details of our vaccination rates by by dates, by geography can be found on our website.

Next And I'd like to share this new data with your board pediatric vaccination coverage is low, especially for California most vulnerable children. So we when we look at statewide we're seeing that 65%. of children ages five to 11 have yet to receive their first dose of the COVID-19 vaccine. When we look at Santa Barbara County, that number is dramatically higher at 79%.

So 79% of kids ages 5 to 11 in Santa Barbara County are not vaccinated. So, to address the low vaccination rate among five-to-11 year olds, public health continues to press on working with schools, community groups and providers so that accurate information is available and we are also working to remove barriers to accessing the vaccine through our mobile vaccine clinics, through our partnerships with schools.

Our mobile vaccine clinic locations and dates are posted on our website at publichealthsbc.org. In addition to this, our immunization team continues to recruit private physician offices registered in the Vaccines for Children or VFC program. There's a statewide effort to ensure that our providers will be ready for younger children when they become eligible for the vaccine.

There will be a strong reliance on medical homes to provide vaccinations, as this younger age group are in need of regular medical assessments for early diagnosis and treatment of childhood issues, as well as a need their need for other vaccinations. are in partnership with at the national level, the American Academy of Pediatrics has issued a statement to all California pediatric providers encouraging them to provide vaccination at their sites. And in addition to this CDPH is working on a new grant called Kids Vax Grant to support local providers not currently enrolled in the COVID vaccine program.

Next. As you may have heard, today is the last day of the state mask mandate. Effective tomorrow indoor mask mandate will be lifted for vaccinated individuals. Everyone will still need to be masked in the following settings In healthcare, in schools and in childcare long term care facilities as well as in jails and prison Santa Barbara County joins the region to align with the current state mass mandate.

Next. This is a slide that Dr. Ghali, Secretary of Health and Human Services shared about the decision process yesterday at his press conference. Essentially the move from requiring to strong recommendation of public indoor masking is based on cases decreasing by 75% since mid-January Next. And this slides describe our local thinking process. Seeing the same data trends locally, our public health team made the decision again to align with the state as well as with our colleagues in the Central Coast region As you recall, we issued our first local health officer order for universal indoors masking on August 6th 2021 because we saw that the cases were climbing fast due to the Delta surge and that we had reached the high transmission category per CDC indicators.

and hospitalization were increasing. And there was a very high level of uncertainty due to the severity of the Delta variant, and a lot of unknowns about therapeutics. On February 1st 2022 we extended the local universal masking in public indoor setting We saw that cases were declining rapidly from the Omicron January peak. But even though the cases were declining, they were still relatively high at 103.4 cases per 100,000.

We were encouraged that hospitalizations were declining, but still really not knowing a lot about Omicron. We knew that it was high transmissibility and we are finding that it is lower in severity. So, on February 14th we have rescinded at the local universal masking in public indoor setting so that we can align with the state order. I'm asking for unvaccinated individuals and for everyone in certain settings.

We are seeing cases as I shared earlier coming down cases case rate continues to decline To 42.4 per 100,000 hospitalization continues to decline as capacity of the hospitals continue to improve and the uncertainty about Omicron is a lot lower we now know more than we did Even at the beginning of the month, we know that the effectiveness of the vaccines is good and we also have increased availability of therapeutics.

And with that I'd like to transition to Dr. Ansord for the next few slides.

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UnidentifiedUnidentified speaker 27Proposed8:10:16 · ≈ 5:10 PM

Thank you, Dr. Domenoso. Madam Chair, members of the board While rescinding the masking mandate for vaccinated people, we do want to emphasize that this should not be misunderstood as us saying masks are no longer relevant or necessary. In fact, that would be ill-advised given there are still a lot of people getting sick at this point. At this time, CDPH as well as us the Public Health Department locally are strongly recommending to continue to wear a self-protective high quality mask in all public indoor settings.

You may wonder why then lifting the masking mandate? The reasons behind this decision are multifaceted some of which Dr. Doreen also just explained I want to go over some that are really relevant to me as well. First, Omicron behaves very differently from previous versions of the coronavirus. Compared to the Delta variant for instance a much smaller portion of infected individuals progresses to severe illness and need for hospitalization.

Subsequently our healthcare system is no longer at risk of collapse Given that we are seeing a rather rapid decline in new infections, the impact on our hospitals is expected to improve even more over the next two to three weeks. Secondly, more and more individuals have at least partial immunity either by vaccination or from previous infection which makes everything safer.

Thirdly, we cannot stay in an emergency mode indefinitely. We now can safely start to transition to a more sustainable way of dealing with COVID. Therefore, it seems prudent at this point in the pandemic that public health goes back to educating and recommending rather than mandating measures to help reduce the impact of COVID on our citizens. We will of course continue to give updates and recommendations for necessary public health measures as the current surge continues to wind down.

I will be available for questions later on, may I please see the next slide? This is just that we do no longer require for unvaccinated people, but we still recommend very strongly to wear masks in public indoor settings at this point. Next slide please. A recent study published by CDC actually as recently as last week showed that It demonstrated that to wear a high quality mask consistently in public indoor settings reduces the risk for catching COVID significantly.

A very well-designed study was able to give us these data. It shows that the best protection for the wearer is obviously a respirator, N95 or K95. It reduces the odds for turning positive by 83%. The next level down would be a surgical mask that can be adjusted to the cheekbones and that reduces the odds of catching COVID by 66% if worn consistently in public indoor settings.

A well-fitted cloth mask has still significant impact, however not as strong as the respirator or the surgical mask With this, I will transition to Dr. Dorinoso for the final slides. Thank you.

8:14 – 8:194 turns

CommentBoard Hearing Room ChambersProposed · by introduction8:14:32 · ≈ 5:14 PM

Great. Thank you, Dr. Ansorg. May I have the next slide please? What to anticipate from CDPH, and it is around schools. We are getting a few questions about can the Santa Barbara County Public Health Department issue guidance to lift the school masking? And unfortunately as your board is aware CDPH is the responsible party for issuing guidance for masking in schools. And Dr. Ghali announced yesterday that on February 28th, state officials will reassess and decide to move from requiring masks to strongly recommending them in schools The state will be looking at cases, hospitalization, vaccination rates as well as national and global trends.

The additional time as noticed to us will allow our communities to discuss the possible changes and to help us use that time to prepare with additional protections if needed. Next. As we move from mandates to strong recommendations, a layered approach is more critical than ever. Although masking requirements for indoor public settings are being rescinded for vaccinated individuals, community members are highly encouraged to consider their personal risk in the months ahead as the virus continue to circulate and this is even at lower levels. A layered approach is protecting yourself and others.

If community transmission is high, avoid gatherings, large gatherings. If you are indoors ensure that there's good ventilation. Washing your hands continue to be solid strategy. Masking properly will protect you in crowded areas and especially where vaccination status of others is unknown. We continue to see higher odds of infection as I shared earlier, and severe illness and deaths among unvaccinated individuals. So getting vaccinated and boosted is the most important and protective action to keep yourself and others safe.

From my personal experience don't wait because it could be too late. Lastly, get tested if you have COVID-19 symptoms. If you are sick stay home for the duration of your illness and this concludes our updates Dr. Answork and I are available for questions.

ElectedBob NelsonSupervisor, District 4Proposedvoiceprint 0.968:17:23 · ≈ 5:17 PM

Thank you so much board members any questions Supervisor Hart?

UnidentifiedUnidentified speaker 1Proposed8:17:29 · ≈ 5:17 PM

I just want to thank Dr. Reynoso and Dr. Anzorg for this information. These updates are really valuable. I know the public really looks forward to hearing this information directly from our public health officials, and I find it really useful too. One of the things that caught my eye is the chart that shows the precipitous drop in cases Slide number 3 and you know just with my layman's eyes it looks like we're on track, you know before the end of the month to get down to the level that we were at in December.

And then I guess it just I'd like to know Dr. Durbin-Osmond, Dr. Ranzorg's professional opinion about whether we're gonna go likely to go below that I noticed the peak or the trough actually between the alpha and delta was very very low but that we never got back to that level between Delta and Omicron so what is their best judgment about where we're going to go in the future?

Maybe that's not a fair question.

CommentBoard Hearing Room ChambersProposed · by introduction8:18:37 · ≈ 5:18 PM

Yeah, I could start and then Dr. Answer can finish. And I think that it's it's we've gotten we've been thrown a lot of curveballs, especially with variants come with variants showing up. You know, I think we won't really know until we see sub variant to the Omicron And and its impact, we know that it's everywhere. But we are uncertain about its impact to our community with that I think that we still need to focus on getting our vaccination rates up. We still need to focus on getting the numbers of individuals Thank you for that. That was probably an unfair question but I appreciate you answering it. Supervisor, there is some public comment. Supervisor Lavanino anything

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8:19 – 8:255 turns

ElectedSteve LavagninoSupervisor, District 5Proposedvoiceprint 0.818:19:47 · ≈ 5:19 PM

I'm just curious about, so I don't see anything anymore about social distancing. So I kind of want to know what's the guidance there? And how does that work if you're around vaccinated people? I'm kind of looking at ourselves here. You know, I felt for a while that I know my board members are vaccinated. We have masks on and we're still sitting six feet apart. And I'm just kind of curious how, what's the new guidance or how is this going to work in

CommentBoard Hearing Room ChambersProposed · by introduction8:20:19 · ≈ 5:20 PM

I think Dr answer was prepared to take that question.

UnidentifiedUnidentified speaker 27Proposed8:20:24 · ≈ 5:20 PM

Yeah, I'm happy to respond to that. Supervisor Lavagnini through the chair. We are learning, obviously as time goes by about the behavior of the virus and also the behavior of the different variants. Initially when we implemented the importance of the social distancing it was mainly with the understanding that you know the plumes of expiration secretions with expiration where the main carriers of the virus and therefore being close together would be the main way of getting infected.

That is still true, so we do not recommend to for instance be in a crowded setting let's say in a bar in front of a big T TV watching the game and you know without masks and or loud music and people. People are having fun, getting excited, yelling and you have to talk into your neighbor's face or ear in order to get a word across. And that will definitely be a very high risk for this droplet infection within six feet. Now having said that The virus actually is suspended in the air, much like cigarette smoke. In addition to this plume and very very very fine particles that can remain in the air for a very long time. So the more people are in a room with poor ventilation for a longer period of time, the more virus particles will be suspended in the air and remain there depending on the level of ventilation obviously.

So we're looking at this airborne infection and at the droplet infection which is which is both happening. So the social distancing is still important, however when people are wearing a mask really not that much. So I anticipate that in the very near future we will come up with better recommendations but as of right now, I think our infection rate is still relatively high And therefore, the risk that you have people who are contagious in the room is quite significant and that's why we still consider this.

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ElectedBob NelsonSupervisor, District 4Proposedvoiceprint 0.968:23:21 · ≈ 5:23 PM

Thank you Dr. Ansorg and I note, I really appreciate the new research on masks and the type of masks and hope my colleagues up here will be wearing the high quality N95 masks going forward. I certainly plan to wear my masks to protect myself and the people I love and I'm glad to have this information. I also wanted to say that We really appreciate your staff for working with early child care and daycare providers in our county. CDPH only allocated about 800 test kits for about 12,000 spots, child care spots in our county so Public health really stepped up to supplement the Children's Resources Referral Organization with 12,000 testing kits. And they're distributing those to any accredited early childhood care sites in our county this weekend along with free PPE.

These sites are we've learned through COVID the backbone of our economy and really necessary to keep childcare going so that parents can go to work. In addition, the majority of early child care sites are small businesses owned and operated by women. And many are women of color. So keeping this critical workforce and the children they care for safe is really an issue of economic justice. So thank you so much Dr. Dober and also your team assigned to help Early Child Care on this and other guidance Susan Klein Rothschild, Georgine Lowe, Matthew Higgs, Jan Schatillo, and of course Dr. Ansorg With that, we'll go to public comment.

UnidentifiedClerk of the BoardProposed · by role8:25:06 · ≈ 5:25 PM

Chair Harmon and members of the board, we have two requests to speak on this item and we will go to Zoom for Maria Kessler to be followed by Dr. Amy Smith. Maria?

8:25 – 8:316 turns

UnidentifiedUnidentified speaker 5Proposed8:25:21 · ≈ 5:25 PM

Hello again Board of Supervisors. First Over 130 studies have shown natural immunity to vastly trump vaccine efficacy. Children have a 99.995% recovery rate and the body of medical literature indicates that almost zero healthy children under five years old have died of COVID. Number three, a large study conducted in Germany shows zero deaths for children under five and a case fatality rate of three out of a million in children without comorbidities.

Number four, John Hopkins study monitoring 48,000 children diagnosed with COVID showed a zero mortality rate in children under 18 without comorbidities. Number six, the study in Nature demonstrated that children under 18 with no comorbidity have virtually no risk of death Number seven, data from England and Wales published by the UK Office of National Statistics on January 17th 2022 revealed that throughout 2020 and 2021 only one child under the age of five without comorbidities had died from COVID in the two countries whose total population is 60 million.

Number eight another study in nature from April suggests children's bodies cure the virus more easily than adults Number nine, this study published in December and May to demonstrate how children efficiently mount effective robust and sustained immune response. The risk demonstrably outweigh the benefits of COVID vaccination in young children. A study out of Hong Kong showed one out of every 2700 12 to 17 year old boys being diagnosed with myocarditis following the second dose of Comirnaty vaccine or 37 per 100,000 vaccinated. A study from Kaiser found the same rate of myocarditis in 12 to 17 year old American boys one in 2700 While the CDC says that myocarditis is a mild disease, cardiologists know otherwise. CDC's own preliminary data reported at the February 4 ACIP meeting revealed that nearly half of young people diagnosed with myocardiitis still have symptoms three months later and 39% had their activity restricted by their physician.

We know this serious adverse event frequently occurs in teenagers, but no one knows how often it occurs in younger children. This is a major concern for babies and younger children. Again, there is no consensus in the medical field. There is solely consensus in the bureaucratic government world and dissent is now labeled as terrorism And we've had enough of this. There is no science, and you are discriminating against the unvaccinated if you mandate a mask for unvaccinated people. Thank you very much.

Thank

UnidentifiedClerk of the BoardProposed · by role8:28:26 · ≈ 5:28 PM

you. And we will now go to Dr. Amy Smith who is our final speaker.

CommentDrProposed8:28:40 · ≈ 5:28 PM

Hello. Can you hear me?

ElectedBob NelsonSupervisor, District 4Proposedvoiceprint 0.968:28:42 · ≈ 5:28 PM

We can.

CommentDrProposed8:28:44 · ≈ 5:28 PM

Good afternoon, Board of Supervisors. I'm very concerned by Dr. DeBernoso's claim that use of masks is what contributed to the drop in cases. There's of course problems with even the testing and the labeling of vaccinated versus unvaccinated but there's also you know other states that dropped mask mandates and they had similar drops Because this is following some factor other than the use of masks. And that is very poor science to pick one factor and assume that, that is all the change that you're seeing in a graph when many other factors are taking place. And it's very disconcerting that that would be by a professional person brought forth as argument to continue a policy that is not shown to be effective And also is now going to be implemented in a way that's very discriminatory who is going to be interrogating people as to their vaccination status, as to their willingness to get a gene therapy treatment that has no long term testing for liability protected corporations that our health officials seem to work hand in glove with and don't Um, allow and protect in demand access to other treatments that early treatment that have been very good at preventing hospitalization and death.

And somehow that was withheld to us, which is why the U. S has a very poor rate of death compared to many other countries in the world. And you know this record will be sorted out and people will be held to account, and it's very, very disconcerting and damage the trust in medical professionals and in health officials and Now it is time for our public elected officials to stand up and say the emergency is over. The right to take away these rights was never there in the first place, and the imposition of vaccine coercion on children especially children is totally unconscionable but the Board of Supervisors can end the mandate at the next meeting I suppose for their own employees and set a good example they can end the local mandate or emergency and set a good example That they are recognizing that there was never the authority to take away rights to stop a disease.

With the vaccine, what they said in the early days with Alpha is that it dropped the hospitalization rate but does not stop transmission and never claimed that it did. But what they didn't tell you is it didn't reduce death overall, that more people died in the vaccine group. So that is very disturbing. And as health officials, it should be looking at the entire health picture. Like what is the harm to children sitting in masks all day? Not being able to see their teacher's face not being able to communicate as properly people with speech problems, people with a second language this has been abuse and it needs to stop and it needs to be across the board because vaccination does not stop transmission as the CDC said thank you.

ElectedBob NelsonSupervisor, District 4Proposedvoiceprint 0.968:31:43 · ≈ 5:31 PM

Thank you Dr. Del Reynoso, Dr. Ansar did you have any final comments for us today

8:31 – 8:369 turns

UnidentifiedUnidentified speaker 27Proposed8:31:54 · ≈ 5:31 PM

I would have one comment, Madam Chair. except these constant repetitions of absolute falsities. The COVID vaccine is by no means gene therapy, that is completely ludicrous. Gene therapy is used for very rare diseases where actually the individual DNA is manipulated in a way to eliminate genetic disorder Then again, to claim that more people in the vaccination group and the studies died. That is absolutely ludicrous and false.

So I just really have a hard time listening to these repetitive falsities. And I just want Emphasize that we take concern seriously and there is not a lot of consensus in the medical field at all. I mean, there's a lot of consensus and that's just what I have to say thank you.

ElectedBob NelsonSupervisor, District 4Proposedvoiceprint 0.968:33:09 · ≈ 5:33 PM

Thank you doctor Domino so.

CommentBoard Hearing Room ChambersProposed · by introduction8:33:12 · ≈ 5:33 PM

Yes, I it's disappointing to still hear the same misinformation. And I concur with what Dr. Ansork has stated. I think moving forward, I think we need to focus on how do we exit this pandemic bubble in a safe manner and our recommendation is a layered approach. We are really, as I showed you on slide 15, masking is part of that but also vaccination and boosting and I am encouraged that your board will consider wearing your mask especially since you will be indoors and you will have You will be encountering individuals whose vaccination status is unknown. So thank you for the opportunity to provide updates and our thoughts.

ElectedBob NelsonSupervisor, District 4Proposedvoiceprint 0.968:34:10 · ≈ 5:34 PM

And thank you for the good advice. I did have a constituent that had questions, and I'll send you that by email and respond to him in that way. It's a rather detailed question.

CommentBoard Hearing Room ChambersProposed · by introduction8:34:22 · ≈ 5:34 PM

Actually prepared a response if you'd like to have it. Okay, go ahead. So the question is between January 23rd, 2022 and February 5th, 2022 what were the COVID-19 infection and transmission rates in Santa Barbara County for unvaccinated person? The answer is the case rate on 123 for unvaccinated persons is 537.6 per 100,000 and for January 30th It's 385.8 per 100,000.

You can see that it's a decrease of 28%. And this information is available and can be found on our community dashboard at publichealthsbc.org under the summary tab. And the second question is, between January 23 2022 and February 5 2022. What were the coven 19 infection and transmission rates in Santa Barbara County for persons vaccinated Before August 1st, 2021 who has not received a booster shot. Unfortunately this is we do not have this information it is an interesting question but we don't have this information largely because we're not conducting limited we are conducting only limited case investigation and contact tracing in congregate settings

ElectedBob NelsonSupervisor, District 4Proposedvoiceprint 0.968:35:54 · ≈ 5:35 PM

Thank you so much for your responsiveness. Really appreciate it. So with that I think we just need a motion to receive and file, a second?

UnidentifiedUnidentified speaker 4Proposed8:36:03 · ≈ 5:36 PM

So moved.

UnidentifiedUnidentified speaker 21Proposed8:36:04 · ≈ 5:36 PM

Second.

ElectedBob NelsonSupervisor, District 4Proposedvoiceprint 0.968:36:05 · ≈ 5:36 PM

All in favor say aye. Aye. We are adjourned until Tuesday March 1st 2022 here in Santa Barbara.