[00:00:04] - RECORDING IN PROGRESS. - GOOD MORNING EVERYBODY. [CALL TO ORDER] I'D LIKE TO CALL TO ORDER THE FEBRUARY 10TH, 2026 MEETING OF THE SANTA CRUZ COUNTY BOARD OF SUPERVISORS. WILL THE CLERK PLEASE CALL THE ROLL? - CERTAINLY, CHAIR. SUPERVISOR CUMMINGS. - HERE. - HERNANDEZ. - HERE. - KOENIG. - HERE. - MARTINEZ. - HERE. - CHAIR, YOU HAVE QUORUM. - THANK YOU. WE'LL NOW MOVE ON TO THE MOMENT OF SILENCE. [MOMENT OF SILENCE AND PLEDGE OF ALLEGIANCE] DO ANY OF MY COLLEAGUES WANT TO RECOGNIZE ANYONE FOR TODAY'S MOMENT OF SILENCE? SEEING NONE. I'D LIKE TO ASK YOU TO JOIN ME FOR A GENERAL MOMENT OF SILENCE. [SILENCE] [SILENCE] THANK YOU. PLEASE JOIN ME IN THE PLEDGE OF ALLEGIANCE. - I PLEDGE ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA, AND TO THE REPUBLIC FOR WHICH IT STANDS, ONE NATION UNDER GOD, INDIVISIBLE, WITH LIBERTY AND JUSTICE FOR ALL. - THANK YOU. [CONSIDERATION OF LATE ADDITIONS TO THE AGENDA; ADDITIONS AND DELETIONS TO CONSENT AND REGULAR AGENDAS] ARE THERE ANY LATE ADDITIONS OR DELETIONS TO THE AGENDA THAT NEED TO BE RECOGNIZED TODAY? - UH, YES, CHAIR. WE HAVE ADDITIONAL MATERIALS. ON ITEM NUMBER EIGHT ON THE REGULAR AGENDA THERE'S A REVISED ATTACHMENT, UH, TITLED RESOLUTION APPROVING APPLICATION. THIS REPLACES PACKET PAGES 24 THROUGH 30. WE ALSO HAVE A REVISED ATTACHMENT FOR THE SAME ITEM TITLED RESOLUTION URGENT NEEDS, AND THIS REPLACES PACKET PAGES 31 THROUGH 36. AND THAT'S ALL. - THANK YOU. WE'LL NOW MOVE ON TO ITEM NUMBER FOUR, [ANNOUNCEMENT BY BOARD MEMBERS OF ITEMS REMOVED FROM CONSENT TO REGULAR AGENDA] REMOVAL OF ITEMS TO THE CONSENT OR REGULAR AGENDA, OR TO THE REGULAR AGENDA. WOULD ANY OF MY COLLEAGUES LIKE TO PULL ITEMS FROM THE CONSENT AGENDA TODAY? GOOD MORNING, SUPERVISOR DE SERPA. - THANK YOU. YES, I'D LIKE TO PULL ITEM 15. THANK YOU. - THANK YOU. UM, WITH THAT I WILL PUT ITEM NUMBER 15... DO YOU HAVE A PREFERENCE IF THAT'S AT THE BEGINNING OR THE END OF THE AGENDA TODAY? I'LL BE PUTTING THAT AS AT THE END OF THE REGULAR AGENDA. ITEM NUMBER 11.1. ALL RIGHT, WE'LL NOW BE MOVING ON TO PUBLIC COMMENT. [PUBLIC COMMENT] UM, I'D LIKE TO INVITE THE PUBLIC TO MAKE PUBLIC COMMENT ON ANY ITEM ON THE CONSENT OR CLOSED AGENDA OR ON ANY SUBJECT MATTER THAT'S WITHIN THE JURISDICTION OF THE BOARD. IF YOU WISH TO SPEAK ON AN ITEM THAT'S ON THE REGULAR AGENDA TODAY, I'M GONNA ASK THAT YOU SPEAK AT A TIME WHEN THAT ITEM IS HEARD UM, PARTICULARLY IF YOU HAVE COMMENTS TODAY RELATED TO THE 841 CAPITOLA ROAD PROJECT. THAT ITEM WILL BE HEARD AS A SCHEDULED ITEM AT 1:30 TODAY. SO IF YOU'RE INTERESTED IN SPEAKING AT PUBLIC COMMENT, I WOULD LIKE TO ASK YOU TO LINE UP SO WE CAN SEE HOW MANY PEOPLE ARE INTERESTED IN SPEAKING. MADAM CLERK, HOW MANY DO WE HAVE ON THE PHONE? - CURRENTLY WE HAVE FIVE SPEAKERS WITH THEIR HANDS RAISED ONLINE. - ALL RIGHT, GIVEN THE ATTENDANCE TODAY, I'D LIKE TO SET THE PUBLIC COMMENT PERIOD FOR TWO MINUTES EACH. WELCOME. YOU CAN PROCEED. - [INAUDIBLE]. - UM, THE GENTLEMAN HAS A QUESTION ABOUT THE MICROPHONE. IS IT WORKING? - HELLO, IS IT GOOD? - IF THERE'S A GREEN LIGHT SHOWING AROUND THE... - OKAY, COOL. - ... BASE OF MICROPHONE YOU'RE READY TO GO . - FAR OUT. WELL, I URGE EVERYONE TO, UH, GO IN THE JUSTICE DEPARTMENT EPSTEIN FILES AND SEARCH FOR SANTA CRUZ. PRETTY INTERESTING. ANY OF YOUR FRIENDS ON THERE? PRETTY INTERESTING. MIGHT BE CONCERNED. UM, AND, UH, BUT ANYWAY, THAT MIGHT BE WHY WE ARE HAVING, UH, LITHIUM BATTERY STORAGE FACILITIES IN OUR COMMUNITY IS BECAUSE THERE'S A LOT OF NEFARIOUS, CORRUPT STUFF GOING ON [00:05:02] AS, UH, IS ASSUMED AND IS NOW BEING REVEALED. THE, UH, I'M HERE TO CALL FOR A TOTAL BAN ON LITHIUM BATTERY STORAGE FACILITIES AND TO LET THE COMMUNITY KNOW THAT THE ONE AT 90 MINTO ROAD IS ONLY A TEST. AND THERE'S AN INTENTION TO MAKE MANY MORE OF THESE THROUGHOUT OUR COUNTY, YET THAT'S BEING CONCEALED BY THE GOVERNMENT. AND IT'S ALSO, UH, AMAZING THAT YOU CAN HAVE A CORPORATION FROM CANADA DETERMINE AND BULLY THE BOARD OF SUPERVISORS IN OUR COUNTY INTO DOING SOMETHING DANGEROUS. MY FAMILY SUFFERED IMMENSELY FROM THE, UH, MOSS LANDING FIRE. WE WERE SICK FOR, VERY SICK FOR SIX MONTHS. WE DON'T KNOW WHAT THE LONG TERM EFFECTS ARE AND WHETHER WE'RE GONNA GET TO HAVE CANCER BECAUSE OF THAT FIRE. AND I'M SURE WE DO NOT WANT TO HAVE MORE OF OUR AGRICULTURAL LAND DESTROYED AND MORE PEOPLE IN WATSONVILLE BE MADE ILL. SO I ENCOURAGE YOU TO BAN ALL LITHIUM BATTERY STORAGE FACILITIES IN THE COUNTY. IT'S A GROWING MOVEMENT ACROSS AMERICA, AND WE'D LIKE THE BOARD OF SUPERVISORS TO JOIN THAT MOVEMENT, AND PUT A TOTAL BAN AND MORATORIUM ON ANY LITHIUM BATTERY STORAGE FACILITIES IN THE COUNTY. AND CHECK OUT THE EPSTEIN FILES AND SEE IF YOU'RE IN THEM. - THANK YOU. GOOD MORNING. - GOOD MORNING. GOOD MORNING. CAN YOU HEAR ME? UM, I'M MARIA ELENA DE LA GARZA. I'M THE RESIDENT, UH, OF DISTRICT FOUR. I WANNA THANK YOU FOR HOLDING YOUR BOARD OF SUPERVISORS MEETING HERE. I WANNA ENCOURAGE YOU THAT EVEN BEYOND THE MODIFICATIONS OF THE BUILDING TO KEEP SHOWING UP FOR OUR COMMUNITY. UM, I AM BORN AND RAISED IN WATSONVILLE, AND I STAND HERE WITH PROFOUND GRATITUDE FOR SUPERVISOR MARTINEZ AND SUPERVISOR CUMMINGS AND SUPERVISOR HERNANDEZ FOR HELPING US PULL TOGETHER ITEM 28 A RESOLUTION TO HELP SUPPORT THE IMMIGRANT COMMUNITY OF OUR COUNTY. UM, IT'S INCREDIBLY IMPORTANT. UM, I AM A, A LEADER OF A NONPROFIT WHO SERVES THE LOW INCOME COMMUNITY IN THE COUNTY, AND WE ARE SEEING THE RAMIFICATIONS OF THE RHETORIC AND THE INFORMATION THAT IS COMING OUT AND WHAT IS HAPPENING ACROSS THE NATION. UM, I DON'T HAVE TO GO INTO THOSE DETAILS, BUT I DO WANT TO SAY THAT, YOU KNOW, I'M A DAUGHTER OF AN IMMIGRANT, BORN AND RAISED IN WATSONVILLE AND I REMEMBER IN THE SEVENTIES WHEN THE GREEN BUSES USED TO LINE UP AT THE END OF MAIN STREET AND PEOPLE WOULD BE CORRALLED INTO THOSE BUSES. IT HAPPENED IN THIS COMMUNITY. IT IS PART OF OUR HISTORY AND WE NEED TO RECOGNIZE IT AND WE NEED TO NAME IT. AND SO, I APPRECIATE THIS KIND OF RESOLUTION BECAUSE IT SHARES A VERY CLEAR MESSAGE, A VERY CLEAR MESSAGE THAT WE ARE A SANCTUARY COUNTY, WE'RE A SANCTUARY CITY. WE WILL NOT STAND FOR THAT KIND OF INJUSTICE, THAT KIND OF INEQUITY, THAT KIND OF RACISM. WE WILL NOT STAND FOR IT. AND SO I APPRECIATE YOUR LEADERSHIP. I APPRECIATE YOUR COURAGE. WE MUST CONTINUE TO STAND STRONG IN THESE DARK TIMES. AND I WILL SAY THAT BEYOND THIS RESOLUTION, WE NEED TO COMMUNICATE THE MESSAGE TO THE COMMUNITY. WE ARE NOT SAYING IT LOUD ENOUGH. THANK YOU. - OKAY. - GOOD MORNING, SUPERVISORS. MY NAME IS PHOENIX ARTEMISIA. I LIVE FOUR TENTHS OF A MILE FROM MINTO ROAD. I'M ALSO GRATEFUL TO THE SUPERVISORS FOR THE COURAGE SO FAR IN THE DRAFT ORDINANCE, AND WE NEED A LOT MORE ADDED TO IT. PLEASE PROTECT YOUR WATSONVILLE CONSTITUENTS AND DO NOT APPROVE 90 MINTO ROAD SUBSTATION FOR NEW LEAF. IT WILL JUST LEAD TO THE ADDITION OF EVEN MORE LAND DEADENING STRUCTURES IN OUR BURDENED AREA LIKE DATA CENTERS. AND WE'LL PUT NOTHING BACK INTO OUR COMMUNITY. THE ENVIRONMENT, WILDLIFE, PEOPLE'S LIVES, HEALTH, QUALITY OF LIFE AND PROPERTY VALUES WILL SUFFER FOR THESE GREENWASHING CONTRACTS TO DEVELOPERS. DON'T LET THEM BULLY OUR COUNTY WITH TALK OF PUSHING THE STATE TO TAKE OVER. NEW LEAF IS SHOWING ITS POOR CHARACTER ALREADY AS A POTENTIAL BUSINESS PARTNER FOR SANTA CRUZ BY USING COMMUNICATION TACTICS INTENDED TO STRONG ARM THE COUNTY TO RUSH THIS THROUGH. MEASURE J SAYS THAT NEW LEAF CANNOT USE 90 MINTO ROAD AS ITS WITHIN PRIME FARMLAND DESIGNATION. TO CONSIDER MINTO ROAD FOR THIS PROJECT BORDERS ON ILLEGALITY IN MANY WAYS. NEW LEAF PROPOSED 90 MINTO, UH, BESS IS WITHIN A CLUSTER OF DENSELY INHABITED LOWER INCOME NEIGHBORHOODS WITH THE MAJORITY OF LATINO FAMILIES, ELDERS, AND MANY MONOLINGUAL RESIDENTS PACKED ALONG GREEN VALLEY ROAD AND ITS SIDE STREETS. LITHIUM BESS CONTRACTORS HAVE A HISTORY OF PREDATORY SIGHTING ON DISADVANTAGED RURAL COMMUNITIES. REAL ESTATE REPORTS SHOW THAT WHERE BESS ARE, ESPECIALLY WITH FIRES, HARDWORKING LOW INCOME PEOPLE WITH PRIDE OF OWNERSHIP WILL SEE THEIR PROPERTY VALUES PLUMMET UP TO 30%, INSURANCE WILL BE HARDER TO GET THAN IT EVEN IS NOW. THIRTY-SIX LFP BESS FIRES HAPPENED NATIONWIDE, AND 12 OF THESE WERE IN CALIFORNIA. ACCORDING TO THE EPRI BESS FAILURE DATABASE, THE FIRES ARE DUE TO THE RAPACIOUS SPEED OF BUILDING THESE SUPER STORAGE FACILITIES LEADING TO MISTAKES, MISTAKES IN DESIGN, INVERTER COOLING, AND MONITORING ISSUES. WITH THIS TRACK RECORD AND THAT OF MOSS LANDING, PEOPLE RIGHTFULLY DO NOT TRUST OR WANT THIS IN THEIR NEIGHBORHOODS. WHAT DO WE IN WATSONVILLE GET OUT OF IT? A GUARANTEE OF FOUR HOURS OF POWER DURING A RARE OUTAGE DOESN'T MAKE UP FOR 24/7, 90 DECIBEL POWER TOOL NOISE AT A SITE CARRYING OVER THE LAKE AND HILLS. [00:10:02] THE DOPPLER EFFECT CAUSES SOUND TO CARRY FAR WHEN NOT OBSTRUCTED BY BUILDINGS, A DAILY POSSIBILITY OF A TOXIC GAS EMITTING FIRE THAT WOULD LEAVE HEAVY METALS AT OUR LAKES AND ON OUR FOOD GROWING FIELDS IS UNACCEPTABLE. YOUR ORDINANCE MUST INCLUDE REQUIRED IMPARTIAL, EARTHQUAKE, HAZARD, AND LIQUEFACTION ANALYSIS. SEPARATE FULL EIRS FOR THE DRAFT BESS ORDINANCE, TRAFFIC STUDIES EVACUATION ROUTES, EARTHQUAKE AND FLOOD ZONE CONSIDERATIONS AND TRAFFIC STUDIES... - THANK YOU. - [INAUDIBLE] ROAD. AND WHEN YOU ARE UP ON THE REELECTION WE'LL ALL REMEMBER... - THANK YOU, MA'AM. - ... WHO VOTED AND WHO TOOK TIME TO RESPOND TO US? [APPLAUSE] NOBODY'S RESPONDED EXCEPT FOR SUPERVISOR CUMMINGS. [APPLAUSE] - BEFORE WE PROCEED, UM, I'M GONNA ASK THAT FOLKS IN THE ROOM REFRAIN FROM CLAPPING OR APPLAUSE. WE TRY REALLY HARD TO CREATE AN INCLUSIVE SPACE, SO WE WANT EVERYBODY TO FEEL LIKE THEY CAN SPEAK HERE. AND SOMETIMES APPLAUSE MAY MAKE SOMEBODY FEEL INTIMIDATED AND UNWILLING TO COME SPEAK. SO, THANK YOU FOR THAT, FOR RESPECTING THE SPACE. - WOW, PHOENIX, I DON'T THINK I COULD HAVE GOT THAT MUCH IN TWO MINUTES. UM, CORELL READER CORALITAS, THANK YOU SUPERVISORS. I HOPE YOU'RE ALL WELL. I'M JUST HERE TODAY TO TALK ABOUT THE PROPOSED GRID SCALE LITHIUM BESS PROPOSED FOR 90 MINTO ROAD HERE IN WATSONVILLE. I WANNA LET YOU KNOW THAT WE HAVE OPENED A DOOR LETTING A DRAGON INTO THE CASTLE. YOU PROBABLY SAW MY DRAGON. HE'S STILL CONCEPTUAL. HE'S GONNA IMPROVE AT EVERY BOARD MEETING. AT THEIR BEST, BESS ARE A DANGEROUS TECHNOLOGY, AND AT WORST, THEY CAN BE LETHAL. YOU HAVE THREE CHOICES WITH THIS BESS, WITH THIS DRAGON. YOU CAN EXTINGUISH IT, YOU CAN TAME IT, OR YOU CAN LIT IT IN THE AREA OVER THERE BY MINTO ROAD AND BURN IT DOWN THAT WHOLE AREA. TODAY, I'M ONLY ASKING FOR FOUR THINGS, UM, AS YOU MOVE FORWARD. THE FIRST, IMPROVE THE TIMELINES ON THE COUNTY'S WEBSITE THAT ADDRESS THE BESS. THEY CURRENTLY DO NOT REFLECT WHAT'S REALLY GOING ON, AND THE PUBLIC NEEDS THEM FOR ACCESS TO MEETING DATES AND PLACES UM, SO THAT THEY CAN PARTICIPATE. NUMBER TWO, MAKE SURE THE SCOPING OF THE EIR INCLUDES ALL THE NORMAL EIR CATEGORIES. ALL 20. SINCE THE PROCESS IS ALREADY ABBREVIATED, THIS SEEMS LIKE JUST A WISE MOVE. NUMBER THREE, BE SURE THERE IS INCLUSION OF THE NEPA EVALUATION WHICH PROTECTS DISADVANTAGED COMMUNITIES AND GIVES THEM A VOICE. THEY NEED TO KNOW THAT THEY ARE REPRESENTED. HOLD THE TOWN HALLS AND THE MEETINGS HERE IN WATSONVILLE. DO NOT MAKE THEM GO ALL THE WAY NORTH. TAKE TIME OFF OF WORK AND SCHOOL. HELP US TAME OR EXTINGUISH THE DRAGON. WE CANNOT LET IT BURN DOWN THE CASTLE. - THANK YOU. [APPLAUSE] - GOOD MORNING, MY NAME IS DIANE DENTON AND I LIVE IN WATSONVILLE HERE. UM, IN ITS CURRENT FORM, THE DRAFT BESS ORDINANCE CONTINUES TO ENDANGER THE PUBLIC, EXPOSING PEOPLE TO UNACCEPTABLE HEALTH RISKS AND SAFETY RISKS. THE THOUGHT OF INSTALLING A HAZARDOUS INDUSTRIAL FACILITY MEASURING AROUND 10 TO 12 FOOTBALL FIELDS, CAPABLE OF HOUSING UPWARDS OF 25 TO 35 MILLION POUNDS OF FLAMMABLE EXPLOSIVE LITHIUM BATTERIES SURROUNDED BY DENSE RESIDENTIAL NEIGHBORHOODS. COLLEGE LAKE'S NEWLY COMPLETED $80 MILLION WATER SUPPLY PROJECT AND BEING PUT ON MEASURE J PROTECTED PRIME FARMLAND IS HORRENDOUS AND NEEDS TO BE MADE UNACCEPTABLE. MANY OF US STILL FEEL THE DRAFT BESS ORDINANCE IS MISSING DOZENS OF NECESSARY REGULATIONS AND STANDARDS AND DOES NOT CONTAIN STRONG ENOUGH COMPLIANCE MEASURES TO PROTECT THE PUBLIC AND OUR ENVIRONMENT. YOU STILL NEED TO REQUIRE A PLUME STUDY BASED ON LARGE SCALE FIRE TESTING, AND ON A WORSE CASE SCENARIO REQUIRE THE DEVELOPER TO DO AN ENVIRONMENTAL REPORT FOR THEIR BESS SEPARATE FROM THE ORDINANCE. AND FINALLY, TO BYPASS THESE DOWNSIDES, BAN LITHIUM BESS NEAR OUR HOMES AND ON IRREPLACEABLE AG LAND, NON-FLAMMABLE BATTERY ALTERNATIVES EXIST AND SHOULD BE ACTIVELY PURSUED. NEWLEAF'S PROPAGANDA CALLS THIS A COMMUNITY BENEFIT, BUT IN REALITY IT IS A DANGEROUS COMMUNITY BURDEN THAT WILL NEVER GO AWAY. THIS IS NOTHING GOOD FOR THE HARDWORKING PEOPLE OF WATSONVILLE AND THEY SHOULD NEVER HAVE TO LIVE WITH THIS BURDEN FOREVERMORE. THANK YOU. - HI, UH, MY NAME'S DAVE CANEER, I'M A FORMER EMPLOYEE AT THE CITY OF WATSONVILLE AND I SUBMITTED MY WRITTEN REQUEST TO THE BOARD ON SUNDAY. UM, IT'S NOT REALLY, UH, WRITTEN COMMENTS, IT'S A REQUEST. I'M HAVING AN ISSUE WITH THE SHERIFF'S, UH, OFFICE. UM, THEY HAVE A POLICY AND A PROCEDURE WHEREBY THE PUBLIC CAN FILE A COMPLAINT [00:15:03] IF THEY FEEL THAT THE OFFICE IS NOT PERFORMING PROPERLY. AND THE, THE COUNTY SHERIFF'S OFFICE HAS BEEN STONEWALLING ME FOR EIGHT MONTHS. THEY KEEP TELLING ME THEY'RE GOING TO GET UH, GET BACK TO ME ON MY, UH, COMPLAINT THAT I FILED APRIL 22ND. THAT'S OVER EIGHT MONTHS AGO, AND I CAN'T GET ANYBODY THERE TO, UH, GET BACK TO ME. UM, IN JULY, THE REVIEWING OFFICER WHO'S REVIEWING MY COMPLAINT TOLD ME, UH, HE'S CLOSE TO COMPLETING THE COMPLAINT. HIS, HIS REVIEW OF MY COMPLAINT. IN AUGUST, HE SAYS, I HOPE TO HAVE A RESOLUTION TO YOU AS SOON AS POSSIBLE. IN SEPTEMBER HE REPORTED, AT THIS TIME THE MATTER IS STILL IN THE INVESTIGATION STAGE. IN OCTOBER, I WAS TOLD BY HIS SUPERVISOR THAT, UH, THE INVESTIGATION IS ONGOING. AND THEN I FINALLY GOT A HOLD OF SHERIFF CLARK AND HE TOLD ME THAT, WE'LL HOPE TO HAVE THE REPORT COMPLETED IN A COUPLE WEEKS. THAT WAS IN NOVEMBER. SO I, I'M PATIENT AND I'M, I'M TRYING TO GET THE, YOU KNOW, BE CIVIL WITH THESE PEOPLE, BUT I'D REALLY APPRECIATE THE SUPERVISOR'S HELP OR REFER ME TO SOMEBODY ELSE THAT CAN HELP ME GET SOME ACTION AND SOME RESPONSE OUT OF THIS SHERIFF'S DEPARTMENT BECAUSE THEY'RE JUST STONEWALLING ME. SO I'M HOPING SOMEBODY CAN GIVE ME A HAND, GIMME A CALL, LET ME KNOW WHO I CAN TALK TO IF YOU CAN'T HELP ME, WHO I CAN TALK TO. BUT I FEEL, UH, OVER EIGHT MONTHS OF, UH, A SUBMITTAL OF MY, UH, COMPLAINT AND NOT GETTING A RESPONSE IS PATHETIC. AND I, IT'S JUST UNCALLED FOR. SO I APPRECIATE YOUR HELP ON THIS. THANKS VERY MUCH. - SIR, DID YOU SAY YOUR NAME AT THE BEGINNING OF YOUR...? - DAVID CANEER. DAVID CANEER. C-A-N-E-E-R. - THANK YOU. - THANKS. - HI, MY NAME'S NEIL BASS. I'VE LIVED IN SAN CRUZ COUNTY SINCE 1967 AND I'VE LIVED ON THE MESA NEAR MINTO ROAD FOR 30 YEARS. UM, I FEEL LIKE I'VE BEEN DOING THIS MY WHOLE LIFE GROWING UP. FIRST THEY WANTED TO BUILD A CONVENTION CENTER ON LIGHTHOUSE FIELD, AND THEN, BELIEVE IT OR NOT, THEY WANTED TO BUILD A DOUBLE DECKER FREEWAY ON TOP OF MISSION STREET BECAUSE OF ALL THE TRAFFIC THAT WAS GONNA COME FROM THE HOUSING DEVELOPMENTS FROM SANTA CRUZ TO HALF MOON BAY. AND DON'T EVEN GET ME STARTED ABOUT OFFSHORE OIL DRILLING. BUT THIS THING WITH THE BATTERY FACILITY IS THE MOST OBVIOUSLY STUPID THING I'VE COME ACROSS SO FAR. IT'S JUST SO TOXIC AND STUPID. IT'S JUST OBVIOUS WHICH SIDE OF HISTORY YOU WANNA BE ON. IT'S UP TO YOU GUYS. THANKS. - GOOD MORNING. MY NAME IS NINA ADINO. I'M A RESIDENT OF OLD AMESTIE NEAR RURAL CORRALITAS. DESPITE STRONG OPPOSITION FROM RESIDENTS, ON JANUARY 13TH, YOU APPROVED STARTING A PARTIAL SHORTCUT, SUPPLEMENTARY ENVIRONMENTAL REVIEW ON A DANGEROUSLY INCOMPLETE DRAFT BESS ORDINANCE THAT PURPORTS TO REGULATE BESS AND REZONES COUNTY LAND CURRENTLY FOR TWO BESS SITES ACROSS FROM APTIST AND AT 90 MINTO ROAD. THE FIRST PROPOSED BESS FACILITY WITH 250 TO 300 CONTAINERS HOUSING UPWARDS OF 25 TO 35 MILLION POUNDS OF FLAMMABLE AND EXPLOSIVE LITHIUM BATTERIES PLANNED FOR 90 MINTO ROAD, A FEW HUNDRED FEET FROM DENSE LOW INCOME NEIGHBORHOODS IS ALREADY IN PERMITTING. YOU APPROVED AN INADEQUATE ENVIRONMENTAL REVIEW PROCESS FOR THE DRAFT BESS ORDINANCE AND THIS PROPOSED 90 MINTO ROAD BESS, JAMMING BOTH INTO A SINGLE CEQA REVIEW PROCESS INSTEAD OF REQUIRING THE DEVELOPER TO DO A SEPARATE ENVIRONMENTAL REVIEW. THE COUNTY IS NOW CANCELING THE FIRST STEPS OF THIS ALREADY TRUNCATED ENVIRONMENTAL REVIEW, NAMELY THE NOTICE OF PREPARATION TO THE PUBLIC AND THE 30 DAY PUBLIC COMMENT PERIOD THAT ALLOWS THE PUBLIC TO PARTICIPATE IN SHAPING THE SCOPE AND FOCUS OF THE REVIEW. AND HAVING CUT THE PUBLIC OUT OF SCOPING COUNTY PLANNING IS NOW CLAIMING THAT ENVIRONMENTAL JUSTICE ISSUES WILL NOT BE PART OF THE ENVIRONMENTAL REVIEW. AS MEMBERS OF THE GROUP STOP LITHIUM BESS IN SANTA CRUZ COUNTY AND CONCERNED RESIDENTS, WE'RE REQUESTING A MEETING WITH THE COUNTY TO DISCUSS OUR CONCERNS WITH THE LACK OF PLANNED PUBLIC ENGAGEMENT AND COUNTY BESS DEVELOPMENT PLANNING AND THE IMPACTS OF THE PROPOSED DRAFT ENERGY STORAGE COMBINING DISTRICT BESS ORDINANCE ON THE VOTER ADOPTED MEASURE J GROWTH MANAGEMENT INITIATIVE WHICH STATES THAT PRIME AGRICULTURAL LANDS AND LANDS WHICH ARE ECONOMICALLY PRODUCTIVE OR POTENTIALLY ECONOMICALLY PRODUCTIVE WHEN USED FOR AGRICULTURE, SHALL BE PRESERVED FOR AGRICULTURAL USE. A BESS IS NOT PERMITTED USE ON LAND WITH SOIL CLASSES 1 THROUGH 3 ZONED AGRICULTURE. WE WILL BE REPRESENTED IN THE MEETING BY OUR ATTORNEY, EILEEN TABOR. THANK YOU SO MUCH FOR YOUR TIME. - THANK YOU. - THANK YOU. - GOOD MORNING. UH, MY NAME IS TOM MAY, I LIVE UH, ON PAULSON ROAD, [00:20:03] JUST 0.4 MILES FROM THE PROPOSED BATTERY ENERGY STORAGE SYSTEM AT 90 MINTO ROAD. UM, LIVED THERE FOR 16 YEARS. UM, I'M A STRONG ADVOCATE OF DECARBONIZATION AND UNDERSTAND FULLY WELL THAT THE ENVIRONMENTAL MOVEMENT AT LARGE HAS BEEN VERY EFFECTIVE AT IMPROVING THE AIR AND WATER QUALITY IN THE UNITED STATES. UH, VERY GOOD IN OTHER WORDS, OF CURBING THE WORST INSTINCTS OF UNRESTRAINED CAPITALISM. DECARBONIZATION REQUIRES A DIFFERENT KIND OF MOVEMENT ONE IN WHICH WE FOCUS ON BUILDING THINGS RAPIDLY DEPLOYING NEW TECHNOLOGIES, AND BUILDING OUT ENERGY INFRASTRUCTURE. HOWEVER, THOSE CONCERNS MUST BE BALANCED BY THOSE OF CLIMATE JUSTICE, WITH THE UNDERSTANDING THAT INDUSTRIAL SITES ARE OFTEN PLACED IN AREAS OF POOR MINORITY COMMUNITIES WITH LITTLE POLITICAL INFLUENCE. HOW CAN ONE NOT SEE THE PROPOSED PLACEMENT OF THE BESS AT 90 MINTO ROAD AS ANYTHING OTHER THAN ENVIRONMENTAL RACISM GIVEN THE RECENT TRAUMA OF THE VISTA FIRE AND THE CLOSE PROXIMITY OF LOW INCOME HOUSING IN RESIDENTIAL AREAS, I GOTTA HURRY. OKAY, SO IN JANUARY 19TH, 2025, IN THE IMMEDIATE AFTERMATH OF THE VISTA FIRE, IN RESPONSE TO, UH, THE ATTENDANT CONCERNS ABOUT AIR POLLUTION, SUPERVISOR HERNANDEZ POSTED ON FACEBOOK, I GUESS THAT WE ARE THE GUINEA PIGS. WELL, THE PEOPLE IN WATSONVILLE DESERVE MORE THAN TO BE GUINEA PIGS ONCE MORE. I'M RUNNING OUTTA TIME. CALIFORNIA HAS A PLAN... OKAY, SO MY CONCERN IS THAT THE RUSH TO IMPLEMENT BESS PROJECTS IS NOT ENVIRONMENTALLY MOTIVATED AT ALL, BUT RATHER TO SUPPORT THE EXPONENTIAL GROWTH AND ELECTRICITY REQUIREMENTS DUE TO DATA CENTERS. OUR REGULATORS, POLITICIANS, AND COUNTY PLANNERS ARE BEING COMPELLED TO OVERLOOK FOUNDATIONAL LAWS OF SAFETY AND HEALTH, OSTENSIBLY TO REACH NET ZERO BY 2045. BUT I HAVE MY DOUBTS. DO YOU REALLY THINK AMAZON, META, AND OPEN AI CARE ABOUT US REACHING THAT GOAL? OR ARE THEY USING OUR GOOD NATURES AND WILLINGNESS TO SACRIFICE FOR THE GREATER GOOD AGAINST US? THANK YOU FOR YOUR TIME. - THANK YOU. - GOOD MORNING BOARD. MY NAME IS SINA KUZORANI. I'M HERE ON BEHALF OF MY GRANDDAUGHTER, WHICH IS THREE YEARS OLD. I WANNA POINT OUT TO YOU THAT I HAD THIS SPEECH PREPARED, AND I GUESS I WILL BE VERY SHORT TIME WITH THE TWO MINUTE TIME THAT YOU HAVE. SO I'M GONNA BRIEFLY GO AHEAD AND POSE SOME QUESTIONS TO YOU. UH, WHEN I LOOKED AT THE FLYER THAT WAS HANDED OUT TO ME BY MY DAUGHTER, IT ACTUALLY POINTED OUT ABOUT THIS MEETING. IT POINTED OUT THAT THE BOARD OF THE SUPERVISORS HAD WRITTEN A PROCEDURE OR NOTES TO WHAT RULES THIS IS GONNA GO AHEAD WITH. I WAS NOT ABLE TO FIND THOSE RULES ANY PLACE. SO I'M HERE JUST TO LET YOU KNOW WITH THE DATES THAT HAPPENED JUST RECENTLY, UH, LAST YEAR IN JANUARY, WE HAD THE FIRE AT THE MOSS LANDING PLANT. THAT FIRE BURNED FOR THREE DAYS. IT WAS VERY SURPRISINGLY TO FIND OUT THAT THE FIRE DEPARTMENTS HAD NO PROCEDURE TO DEAL WITH THAT. SO THEY JUST ELECTED TO LET IT BURN. WHEN THEY THOUGHT THAT IT HAD BURNED ITSELF OUT IN THREE DAYS THEY FOUND OUT THAT IT ACTUALLY REIGNITED BACK AHEAD IN FEBRUARY. SO MY QUESTION TO YOU IS, WHAT PART OF ALL THAT DID YOU GUYS USE TO GO FORWARD AND SET UP THESE PROCEDURAL DOCUMENT THAT I CAN'T FIND. SO MY QUESTION TO MR. HERNANDEZ, I BELIEVE YOU ARE MY DISTRICT SUPERVISOR. WHAT MY QUESTION IS SPECIFICALLY, WHY AREN'T YOU LEARNING FROM THE HISTORY? YOU ARE GOING TO GO AHEAD AND GET AN ENVIRONMENTAL REPORT DONE GET AN ENVIRONMENTAL REPORT DONE... - THANK YOU, SIR. - ... BY PEOPLE THAT DEVELOPING.... - THANK YOU, SIR. - ... THAT DEVELOPERS HAVE TO GO AHEAD AND GET INFORMATION FROM THE MANUFACTURER OF THE BATTERIES... - SIR, YOU TIME IS UP. - THE MANUFACTURER OF THE BATTERIES HAVE ALREADY POINTED OUT IN MOSS LANDING THAT IN MOSS LANDING... - THANK YOU VERY MUCH. - YEAH, YOU HAVE NO INFORMATION. [INAUDIBLE] - WELCOME. - YOU GUYS JUST GONNA MAKE A LOT OF MONEY OFF THESE [INAUDIBLE]. - JUST WAITING FOR THE TIMER TO RESET. HI, UH, MY NAME IS SEAN DOUGHERTY. I LIVE IN THE CITY OF SANTA CRUZ. I'M HERE TO TALK ABOUT THE PROPOSED LITHIUM ION BESS. [00:25:04] UM, WHEN, UH, THE MOSS LANDING FIRE HAPPENED A YEAR AGO, MY WIFE AND I DIDN'T KNOW WHAT TO DO WITH OUR 3-YEAR-OLD SON. I GUESS HE WAS TWO AT THE TIME. UH, WE DIDN'T KNOW WHETHER TO PULL HIM OUTTA DAYCARE, UH, WHETHER TO EVACUATE THE CITY. UM, AFTER THE FIRE WE DIDN'T KNOW WHAT FOOD WAS SAFE TO EAT. WE, EVERY TIME I SHOPPED AT THE GROCERY STORE, I WOULD FIND OUT WHAT FARM THE, THE PRODUCE CAME FROM SO I COULD BE SURE THAT WE WEREN'T FEEDING MY KID HEAVY METALS. AND HERE WE ARE MORE THAN A YEAR LATER, AND I STILL AM DOING THAT. AND I DON'T KNOW THE ANSWER TO WHETHER THIS FOOD IS SAFE. I DON'T KNOW IF IT'S BECAUSE IT HASN'T BEEN PUBLICIZED AND IT IS KNOWN WHEN I ASK ACTIVISTS IN THIS COMMUNITY, THEY DON'T KNOW THE ANSWERS. SO I HAVE A FEELING THAT WE DON'T KNOW THE ANSWERS. SO WHY ON EARTH ARE WE CONSIDERING BUILDING ANOTHER ONE OF THESE MONSTROSITIES? WE NEED TO KNOW WHAT THE TRUTH IS. WE NEED TO KNOW IF WE'VE BEEN POISONED. AND, UH, I, I MEAN, WE'RE GONNA GET REASSURANCES FROM THAT INDUSTRY THAT THESE, THESE NEW MODELS ARE SAFER BUT, UH, THERE'S AN OBVIOUS CONFLICT OF INTEREST THERE. UH, SPEAKING OF WHICH, MY, UH, MEMBER OF THE US HOUSE WAS THE TOP RECIPIENT OF CAMPAIGN DONATIONS FROM THE VISTA CORPORATION IN THE 2024 ELECTION CYCLE. MY STATE SENATOR WAS THE TOP RECIPIENT OF CAMPAIGN DONATIONS FROM VISTA IN THE ENTIRE STATE OF CALIFORNIA. I THINK THERE ARE SOME REAL CONFLICTS OF INTEREST GOING ON HERE AND I DON'T HEAR MUCH, UH, DISCUSSION AT ALL ABOUT ALTERNATIVE STORAGE TECHNOLOGIES TO LITHIUM ION. THERE ARE ALTERNATIVE BATTERY CHEMISTRIES, THERE'S COMPRESSED AIR, THERE'S PUMPED HYDRO. THERE ARE MUCH SAFER ALTERNATIVES. AND I CAN'T HELP BUT WONDER IF ALL THIS MONEY THAT'S SLOSHING AROUND IS WHY WE'RE NOT TALKING ABOUT THOSE THINGS. THANK YOU. [APPLAUSE] - GOOD MORNING, CHAIR MARTINEZ AND BOARD OF SUPERVISORS. MY NAME'S ELIZABETH BIRD AND I'M THE MANAGING DIRECTOR OF HOLISTIC DEFENSE FOR THE PUBLIC DEFENDER'S OFFICE. ON BEHALF OF THE SANTA CRUZ COUNTY PUBLIC DEFENDER'S OFFICE, WE STRONGLY SUPPORT THE BOARD OF SUPERVISORS PROCLAMATION CONDEMNING VIOLENCE CARRIED OUT BY IMMIGRATIONS AND CUSTOMS ENFORCEMENT. AS DEFENDERS OF CONSTITUTIONAL RIGHTS AND DUE PROCESS, WE SEE FIRSTHAND HOW ENFORCEMENT PRACTICES ROOTED IN FEAR AND FORCE CAUSE REAL HARM TO OUR CLIENTS, THEIR FAMILIES, AND THE BROADER COMMUNITY. THE PEOPLE WE REPRESENT, LIVE, WORK, AND RAISE FAMILIES IN SANTA CRUZ COUNTY. WHEN ICE ENGAGES IN VIOLENT AND INTIMIDATING CONDUCT, IT DESTABILIZES THOSE FAMILIES, DRIVES COMMUNITIES INTO THE SHADOWS AND UNDERMINES TRUST IN THE JUSTICE SYSTEM. VIOLENCE AND LACK OF ACCOUNTABILITY ERODE PUBLIC SAFETY FOR EVERYONE. THIS PROCLAMATION IS AN IMPORTANT AFFIRMATION THAT THE HUMAN DIGNITY, TRANSPARENCY AND THE RULE OF LAW MUST GUIDE ALL GOVERNMENT ACTION. WE COMMEND THE BOARD FOR STANDING WITH OUR COMMUNITY AND FOR CLEARLY STATING THAT SANTA CRUZ COUNTY WILL NOT BE SILENT WHEN THOSE VALUES ARE THREATENED. THANK YOU SO MUCH. [APPLAUSE] - HELLO, UH, MY NAME IS ELIZABETH SILVA. I'M HERE, UH, I SERVE AS A PROGRAM MANAGER FOR WATSONVILLE LAW CENTER. UM, I WANT TO TAKE A MOMENT AND SINCERELY THANK YOU FOR INVESTMENT, YOUR INVESTMENT IN OUR WORK, AND FOR YOUR CONTINUED COMMITMENT TO EQUITY AND ACCESS TO JUSTICE IN SANTA CRUZ COUNTY. BECAUSE OF YOUR SUPPORT, WATSONVILLE LAW CENTER WAS ABLE TO SIGNIFICANTLY EXPAND LEGAL ACCESS FOR OUR MOST VULNERABLE RESIDENTS. IN 2025 ALONE, WE SERVED OVER 400 CLIENTS, OPENED NEARLY 800 LEGAL CASES AND ENSURED THAT A HUNDRED PERCENT OF THOSE SERVED CAME FROM UNDESERVED COMMUNITIES, MANY OF WHOM ARE IMMIGRANT FARM WORKER, LOW INCOME AND LIMITED ENGLISH SPEAKING FAMILIES. YOUR FUNDING DIRECTLY SUPPORTED, UH, EVICTING DEFENSE WORKERS' RIGHTS, IMMIGRATION CONSULTATIONS AND COMMUNITY LEGAL CLINICS. THROUGH THIS WORK, WE HELPED SECURE OVER 1.3 MILLION, UH, IN MONETARY BENEFITS FOR COMMUNITY MEMBERS RESOURCES THAT WENT STRAIGHT BACK INTO STABILIZING FAMILIES, KEEPING PEOPLE HOUSED, AND PROTECTING WORKERS FROM EXPLOITATION. UM, WE ALSO HELD MORE THAN A HUNDRED DROP IN LEGAL CLINICS, CONDUCTED 19 COMMUNITY WORKSHOPS, RECEIVING OVER 2,000 RESIDENTS AND CONNECTED 160 INDIVIDUALS TO LONG-TERM LEGAL REPRESENTATION. FOR MANY OF OUR CLIENTS, MOST OF WHOM ARE RENTERS, IMMIGRANTS, AND WOMEN, THIS LEGAL SUPPORT MADE THE DIFFERENCE BETWEEN DISPLACEMENT AND STABILITY. WE ARE INCREDIBLY GRATEFUL FOR THE PARTNERSHIP. YOUR INVESTMENT ALLOWS US TO MEET PEOPLE WHERE THEY ARE, RESPOND QUICKLY TO URGENT LEGAL NEEDS, AND BUILD TRUST IN COMMUNITIES THAT ARE OFTEN LEFT OUT OF TRADITIONAL SYSTEMS. AS WE LOOK FORWARD, AS WE LOOK AHEAD, WE WOULD LOVE TO CONTINUE WORKING TOGETHER TO EXPAND THESE SERVICES, STRENGTHEN COMMUNITY PARTNERSHIPS, AND ENSURE THAT ALL SANTA CRUZ COUNTY RESIDENTS REGARDLESS OF INCOME, LANGUAGE, HAVE MEANINGFUL ACCESS TO JUSTICE. THANK YOU AGAIN FOR YOUR SUPPORT IN STANDING WITH OUR COMMUNITY. [00:30:07] - GOOD MORNING BOARD. MY NAME IS CHARLES PERKINS. I'M A WATSONVILLE RESIDENT. UH, I'M ALSO AN ELECTRICAL CONTRACTOR. UM, I'M ACTUALLY A BELIEVER IN BESS, BUT NOT THIS SYSTEM. UM, THERE ARE BETTER BATTERY CHEMISTRIES THAT DO NOT REPRESENT THE SAME SAFETY, FIRE, AND HEALTH RISKS THAT LITHIUM ION DO. THE INDUSTRY KNOWS THIS AND THEY HAVE THE CHOICE OF WHAT THEY PROPOSE, AND YOU HAVE THE CHOICE OF REVIEWING THEIR SYSTEMS AND THEIR PROPOSALS IN WAYS THAT I DON'T BELIEVE THAT YOU'RE CURRENTLY DOING. I THINK THAT YOU ARE ALLOWING A FAST TRACK, PUSH, PUSH, PUSH, GET THIS DONE TO HAVE A MUCH GREATER AMOUNT OF INFLUENCE THAN IT SHOULD. THIS IS A PROCESS, THIS IS A SYSTEM THAT HAS THE POTENTIAL TO DESTROY PRIME AGRICULTURAL LAND AND PEOPLE'S LIVES. UM, AND TO BE HURRIED THROUGH BECAUSE SOMEBODY'S TOLD YOU THAT WELL, IF WE DON'T DO IT, THEN THE STATE'S JUST GONNA COME AROUND AND DO IT FOR US IS NOT AN EXCUSE. YOU FOLKS WORK FOR US. UM, AND I HOPE YOU REMEMBER THAT WHEN YOU'RE MAKING DECISIONS ABOUT WHAT REVIEW PROCESSES YOU'RE USING, WHAT, UH, ORDINANCES YOU ARE PASSING AND THE TIME THAT YOU'RE TAKING TO MAKE GOOD DECISIONS, NOT FAST DECISIONS. THANK YOU FOR YOUR TIME. - THANK YOU. BECKY STEINBRENNER. I SUPPORT ALL OF WHAT THIS GENTLEMAN AND THOSE WHO CAME BEFORE ME HAVE SAID ABOUT CAUTIONING YOU TO BE LED BY THE NOSE, BY THE DEVELOPER. I INTERVIEWED MR. DREW BOHAN, THE EXECUTIVE DIRECTOR OF THE CALIFORNIA ENERGY COMMISSION, UM, ON MY PROGRAM, COMMUNITY MATTERS. IT'S ON SANTACRUZVOICE.COM. HE PAINTED QUITE A DIFFERENT PICTURE ABOUT WHAT THAT PROCESS IS, THEN WHAT YOU ARE BEING LED TO BELIEVE BY THE DEVELOPER. THE CEC TAKES INTO ACCOUNT VERY SERIOUSLY WHAT YOU WOULD SAY. THEY HAVE DENIED A PROJECT BECAUSE LOCAL AUTHORITIES DID NOT FEEL IT WAS THE BEST LOCATION FOR A PROJECT. THEY DENIED A PROJECT. SO DON'T BE BULLIED BY THIS NEW LEAF, SEQUOIA ENERGY DEVELOPER. YOU'RE BEING LED ASTRAY AND YOU'RE BEING LED TO BELIEVE THAT THEIR PROFITS ARE MORE IMPORTANT THAN THE PUBLIC SAFETY OF THE COMMUNITIES NEAR WHERE THIS LARGE PROJECT WOULD BE PUT. I AM VERY SADDENED THAT YOU CHOSE TO MAKE ALL YOUR DECISIONS ABOUT THIS IN SCOTTS VALLEY RATHER THAN HERE. YOU COULD HAVE CONTINUED THE MEETING TO TODAY. THESE PEOPLE WOULD'VE BEEN ABLE TO PARTICIPATE, BUT YOU DIDN'T DO IT BECAUSE YOU HAD TO GET IT DONE FOR THE DEVELOPER. THAT'S WRONG. NOW I WANNA ALSO GIVE YOU, UM, THE IN, UH, THAT THERE'S NO TRANSLATION HERE. I ASKED FOR TRANSLATION FOR TODAY AND WAS TOLD IT WAS NOT NECESSARY. AND YOU WILL ONLY CONSIDER IT IF SOMEONE ASKS. WHY DO PEOPLE WHO ARE ALREADY UNDER TENSION HAVE TO ASK? IT SHOULD NOT BE THAT WAY. THE INITIAL STUDY THAT WILL DETERMINE THE ENVIRONMENTAL IMPACT REPORT WILL BE SUBMITTED BY THE DEVELOPER AND WHO'S GOING TO REVIEW IT? WE DON'T KNOW. DISADVANTAGED COMMUNITIES WILL NOT BE PART OF IT. THEY WILL NOT BE CONSIDERED. THAT WOULD BE DIFFERENT IF IT WENT TO THE STATE. COMPLETELY DIFFERENT. I'M GOING TO LEAVE WITH YOU TODAY A COPY OF THE ECONOMIC CONDITIONS... - THANK YOU. - [INAUDIBLE] AND PROPOSITION... - THANK YOU. YOUR TIME IS UP. - HE SAID NOBODY REALLY GAVE HIM INFORMATION. I'M GIVING IT TO YOU... - YOUR TIME IS UP. - THANK YOU VERY MUCH. - HI, I AM SHEILA MITCHELL. I'M A RESIDENT OF WATSONVILLE. - YEAH, THANK YOU. - I AM SHEILA MITCHELL. I'M A RESIDENT OF WATSONVILLE AND A PREVIOUS EMPLOYEE FOR THE CITY OF WATSONVILLE FOR 25 YEARS. I'VE ALWAYS BEEN VERY PROUD OF THIS COMMUNITY AND THE PROGRAMS THAT SUPPORT THE YOUTH LITERACY, THE LIBRARIES, SO MANY WONDERFUL THINGS. OUR WETLANDS, OUR AGRICULTURE LAND, THE ORGANIC FOOD THAT IT PRODUCES AND I'M HERE TO JUST ECHO WHAT'S BEEN SAID ALREADY THAT MY CONCERNS ABOUT THIS BATTERY PLANT AND WHAT IT'S GONNA DO TO OUR PEOPLE, THE PEOPLE WORKING THE FIELDS, OUR NEIGHBORS, THE COMMUNITY, AND BEYOND THAT OUR MARINE LIFE, EVERYTHING. SO I JUST APPRECIATE THE OPPORTUNITY FOR THE MEETING AND HOPE THAT YOU LISTEN TO YOUR COMMUNITY AND STAND FOR US. [00:35:04] THANK YOU. - THANK YOU. - GOOD MORNING. I'M GREGORY ADINO. MY WIFE AND I LIVE, UM, IN OLD AMESTI, WHERE WE LIVE ROUGHLY TWO, TWO MILES FROM WHERE THIS BESS FACILITY WILL BE INSTALLED. AND IF IT IS INSTALLED. UM, I AGREE WHOLEHEARTEDLY WITH THE GOOD WORDS THAT WERE SAID BY THESE, UM, FOLKS WHO YOU SEE HERE TODAY. YOU GUYS HAVE SEEN ME FOR THE LAST YEAR AND MY WIFE BECAUSE WE ARE VERY CONCERNED ABOUT THIS FACILITY. AND LET THIS MEETING TODAY SHOW YOU THAT THERE ARE NEW FACES HERE TODAY WHO WE HAVE NOT SEEN THROUGHOUT THE YEAR. LIKE THIS LADY WHO JUST SPOKE, SHE'S A CONCERNED RESIDENT HERE LOCALLY. THIS GENTLEMAN'S CONCERNED RESIDENT LOCALLY. THIS GENTLEMAN'S A CONCERNED RESIDENT IN SANTA CRUZ, AND HE CAME ALL THIS WAY TO, TO DISCUSS HIS CONCERNS ABOUT THE, THE ENVIRONMENTAL IMPACT OF THESE BESS FACILITIES. WE HAVE ASKED THAT, UM, THE, INCLUDED IN THE ORDINANCE THAT THERE'D BE A, UM, UM, BURN, YOU KNOW, A FIRE TEST OF THESE BESS FACILITIES. NOT JUST OF ONE LITTLE CELL, BUT OF THE WHOLE CONTAINER. SO IT EXPOSED EXACTLY HOW MUCH, UM, POLLUTION THESE THINGS DO CREATE. THEY MIGHT NOT BURN IN THE FIRST YEAR OR TWO, BUT THEY DO END UP FAILING BECAUSE THEY ARE OVERCHARGED CONTINUOUSLY AT LEAST TWICE A DAY. OKAY? UM, THESE, UM, SO I, UM, YOU KNOW, THERE'S SO MUCH GOING ON. THE MEASURE J, WHAT HAPPENED IN SCOTTS VALLEY THAT THIS OTHER GENTLEMAN BROUGHT UP, UM, IS, IS A VERY IMPORTANT, UH, ASPECT OF, OF THE ORDINANCE, AND WE WILL BE SPEAKING TOWARDS THAT, UH, COMING UP SOON. UM, SO WE HOPE TO, UH, HAVE OUR APPOINTMENT WITH YOU VERY SOON. THANK YOU. - ARE THERE ANY FURTHER SPEAKERS IN THE ROOM? SEEING NONE, WILL YOU PLEASE... - I WILL. I WILL. - THANK YOU. IF ANY FURTHER SPEAKERS WOULD LIKE TO SPEAK, PLEASE UM, GET IN LINE AND AFTER THAT WE'LL MOVE TO PEOPLE WHO ARE ONLINE. GOOD MORNING. - GOOD MORNING. MY NAME IS ALVA MONTEZ AND I LIVE OFF OF, UH, GREEN VALLEY ROAD IN MESA VILLAGE AREA. UM, I STAND WITH THESE PEOPLE WHO ARE UP HERE DENYING THE BUILDING OF THE BESS, OF THE STORAGE FACILITY. SO I HAVE SOME OTHER NUMBERS TO GIVE TO YOU. THE CLOSE, ONE OF THE CLOSEST SCHOOLS THAT IS OFF OF MINTO ROAD ON AMESTI ROAD IS THE AMESTI SCHOOL WHICH HOUSE ABOUT 424 STUDENTS PLUS 24 FULL-TIME TEACHERS. SO THAT'S A TOTAL ABOUT 448 AT THAT SCHOOL, PLUS BUS DRIVERS THAT GO IN AND OUT AND THE MAINTENANCE PEOPLE. AT ALIANZA SCHOOL, THERE'S ABOUT 648 STUDENTS AND MONTE VISTA THERE'S 824 STUDENTS. AND THERE'S A DAYCARE CENTER THAT I WAS IN. I DIDN'T KNOW ANYTHING ABOUT UP THE AMESTI. SO THAT'S QUITE A FEW STUDENTS, BODIES THAT COULD BE AFFECTED. THOSE STUDENTS FAMILIES LIVE AROUND THAT AREA. THOSE CHILDREN THAT GO TO DAYCARE WILL BE TRAUMATIZED. THEIR PARENTS WON'T KNOW WHERE TO TAKE THEM. IF SOMETHING SERIOUS HAPPENS, THERE'S A BLOW UP IN THE FACILITY, WHAT ARE WE GONNA DO? WHAT ARE THEY GONNA DO? HIDE, FOR HOW LONG? WE KNOW THE PROBLEMS THAT CAN HAPPEN. THE PEOPLE THAT WORK IN THE FIELDS, HOW ARE THEY GONNA BE CONTAMINATED? I LIVE OFF OF GREEN VALLEY ROAD, THAT'S A BIG AREA OF A NEIGHBORHOOD, SO I STAND WITH THESE PEOPLE. AND REMEMBER, THERE'S CHILDREN THAT ARE GONNA BE AFFECTED THERE AND THERE'S EVEN SO MANY THINGS THAT CAN BE AFFECTED. SO THAT'S WHERE I STAND. - THANK YOU. - HELLO. I AM CONFUSED AS TO HOW YOU COULD EVEN ENTERTAIN THIS IDEA IN A NEIGHBORHOOD THAT HAS CHILDREN, SCHOOLS. IS IT GONNA BE IN YOUR NEIGHBORHOOD? HOW ABOUT YOURS? HOW ABOUT YOURS? HOW ABOUT YOURS? HOW ABOUT YOURS? WHY NOT BRING IT INTO YOURS? AFTER THIS FIRE HOW CAN YOU ENTERTAIN THIS IDEA? THIS IS INSANITY, RIGHT? DO YOU NOT SEE IT? EACH AND EVERY ONE OF YOU CAN YOU NOT LITERALLY SEE WHAT HAPPENED IN MOSS LANDING? WHAT MAKES YOU THINK THAT WILL NOT HAPPEN AGAIN? I AM CONFUSED. LACK OF LEADERSHIP THAT I SEE UP HERE IS ASTONISHING. [00:40:05] THANK YOU. - MADAM CLERK. - YES, WE HAVE CURRENTLY EIGHT SPEAKERS WITH THEIR HANDS RAISED ONLINE. UM, AS I'M SHARING THE SCREEN WITH THE TIMER, IF YOU ARE ONLINE WISHING TO SPEAK AND DON'T CURRENTLY HAVE YOUR HAND RAISED, PLEASE DO SO NOW. CALL IN USER ONE, YOUR MICROPHONE IS NOW AVAILABLE. - HI. GOOD MORNING, SUPERVISORS. UM, SO I AM REQUESTING THAT YOU, UM, WELL, LET, FIRST OF ALL LET THE STATE DO THE ENVIRONMENTAL IMPACT REPORT. WE NEED, WE DO NEED A 30-DAY PUBLIC COMMENT PERIOD, THE STANDARD FOR THAT. UM, I REQUEST THAT YOU DO NOT APPROVE THE MINTO ROAD FACILITY. YOU'VE BEEN MISLED THAT THE, UM, LITHIUM ION PHOSPHATE BATTERIES SO THEY'RE THE KIND PLANNED FOR THE BESS AT 90 MINTO ROAD, ARE SAFER THAN THE NICKEL MAGNET, MANGANESE COBALT BATTERIES IN MOSS LANDING THAT EXPLODED, THAT CAUGHT FIRE. THAT IS NOT ACCURATE. LOOKING AT A ARTICLE FROM THE JOURNAL OF ENERGY STORAGE, UH, FROM 2024, VOLUME 87, UM, ENTITLED REVIEW OF GAS EMISSIONS FROM LITHIUM ION BATTERY, THERMAL RUNAWAY FAILURE, AND, UM, THE, UM, CONCLUSIONS, OR ONE OF THE CONCLUSIONS IN THIS ARTICLE IS THAT, UM, EXCUSE ME, I HAVE A COLD, OKAY. THE TOXIC COMPONENT ANALYSIS IN SECTION 4.3 SHOWS HYDROCHLORIC, HYDROGEN FLUORIDE RELEASE FROM LITHIUM IRON PHOSPHATE CELLS IS GREATER THAN FROM NICKEL. UM, THE KIND OF NMC CELLS, THOSE ARE THE KIND THAT MOSS LANDING, THE NICKEL, MAG, NICKEL, LITHIUM NICKEL MANGANESE OXIDE BATTERIES, OVER VARIOUS STATES OF CHARGE WITH A MEDIAN IN THE RANGE OF... ANYWAY, THE POINT IS, IS GREATER. TOXIC COMPONENTS ANALYSIS IN SECTION 4.3 SHOWS HYDROGEN FLUORIDE RELEASE FROM LSP CELLS, LITHIUM IRON PHOSPHATE CELLS IS GREATER THAN FROM NMC CELLS OVER VARIOUS STATES. - CAROL, YOUR MICROPHONE IS NOW AVAILABLE. - GOOD MORNING. MY NAME IS CAROL BJORN. HOPEFULLY EVERYONE IS AWARE THAT ICE HAS BEEN USING A GOVERNMENT-ISSUED MOBILE APP ON THEIR CELL PHONES CALLED MOBILE FORTIFY. THIS APP ALLOWS ICE TO TAKE A PERSON'S FACIAL IMAGE OR CONTACTLESS FINGERPRINTS AND MATCH THEM IN REAL TIME AGAINST FEDERAL AND STATE BIOMETRIC DATABASES TO IDENTIFY INDIVIDUALS AND PULL UP INFORMATION THAT COULD BE USED IN AN IMMIGRATION ENFORCEMENT. THUS, MOBILE FORTIFY MATCHES NAMES, DATES OF BIRTH, IMMIGRATION RECORDS, AND OTHER IDENTIFYING DATA FROM SYSTEMS LIKE DHS' AUTOMATED BIOMETRIC IDENTIFICATION SYSTEM AND STATE DRIVER LICENSE DATABASE. ADDITIONALLY, INVESTIGATORS HAVE ALSO USED OTHER TOOLS LIKE PALANTIR-LINKED SYSTEMS, SOMETIMES REFERRED TO AS ELITE, TO HELP ICE PRIORITIZE LOCATIONS AND TARGET SPORT ENFORCEMENT USING VARIOUS FEDERAL DATA SOURCES. WHAT DO THE OFFICER'S CELL PHONES, THE MOBILE FORTIFY APP AND DHS' AUTOMATED BIOMETRIC IDENTIFICATION SYSTEM AND THE PALANTIR ELITE SYSTEM ALL NEED TO RUN A CONSISTENT SOURCE OF ENERGY. WITHOUT ENERGY, THESE DATABASES ARE USELESS. PLEASE DO NOT BE FOOLED. THE ENERGY TO BE STORED AT THE PROPOSED BESS AT 90 MINTO ROAD WILL NOT BE USED FOR LOCAL PURPOSES. IT WILL GO TO THE HIGHEST BIDDER, AND IT'S LIKELY THE HIGHEST BIDDER WILL BE THE DATA STORAGE FACILITIES AND ENTITIES LIKE PALANTIR. IF YOU WANNA SUPPORT THE IMMIGRANT COMMUNITY, DO MORE THAN JUST PASS A RESOLUTION TODAY. BAN THE LITHIUM BESS IN THEIR COMMUNITY, STAND UP AND HAVE SOME COURAGE HERE. IT'S SO SAD AND IRONIC THAT THE VERY ENERGY SUPPORTING THESE DATABASES IS GONNA BE RIGHT IN THE MIDDLE OF THE HISPANIC COMMUNITY WHERE THESE WORKING CLASS PEOPLE LIVE AND WORK AND THEIR CHILDREN ARE BEING RAISED. PLEASE DO NOT BE FOOLED BY THESE EMPTY PROMISES AND BY THE ASSURANCES OF THE DEVELOPER THAT THIS IS A SAFER TECHNOLOGY. BAN THE LITHIUM BESS. [00:45:02] DREW BOHAN STATED THAT THE STATE ENERGY COMMISSION WOULD TAKE INTO ACCOUNT LOCAL PREFERENCES IN THE STATE PROCESS. - THANK YOU. [APPLAUSE] - JESSICA, YOUR MICROPHONE'S NOW AVAILABLE. - UH, GOOD MORNING. I JUST WANT TO REITERATE WHAT THE SPEAKER MENTIONED REGARDING THE SCHOOL SURROUNDING THE AREA WHERE THE BESS IS PROPOSED. I'M A MOM WITH VERY YOUNG CHILDREN AND I'M CONCERNED WITH THIS PROPOSED LITHIUM BATTERY STORAGE FACILITY. I WOULD LIKE CLARITY ON THE ENVIRONMENTAL REVIEW PROCESS AND THE NEW ORDINANCE. THE PUBLIC DESERVES TO KNOW EXACTLY WHAT IS HAPPENING AND WHY. I GUARANTEE IF MORE MOMS KNEW ABOUT THIS, THERE WOULD BE WAY MORE OUTRAGE. WE JUST DON'T KNOW. UH, I UNDERSTAND THAT THERE WOULD BE SAFETY MEASURES IN PLACE, BUT I WANT PROOF. SHOW ME THE TRACK RECORD FOR THIS DEVELOPER. HOW MANY FACILITIES AND HOW MANY TIMES HAS THE FIRE SUPPRESSION WORKED IN AN ACTUAL FIRE? I ALSO WANNA KNOW WHY NOW, WHY HERE? AS SUPERVISORS, IT IS YOUR JOB TO PROTECT AND SERVE THIS COMMUNITY. I'M UNCLEAR HOW THIS IS GOING TO SERVE THE COMMUNITY. I AM ALL FOR NET ZERO, BUT AT WHAT RISK? THIS IS NOT SOMETHING TO TAKE LIGHTLY OR RUSH INTO. I URGE YOU TO THINK THIS THROUGH FOR OUR CHILDREN'S CHILDREN AND YOU SHOULD INVOLVE THE COMMUNITY MORE, PLEASE. BECAUSE IF AND WHEN THERE IS A FIRE, IT WILL NOT JUST AFFECT THE COMMUNITY WHERE THE FACILITY IS LOCATED. THANK YOU FOR MAKING INFORMED DECISIONS FOR OUR CHILDREN. - THANK YOU. - PAULINA, YOUR MICROPHONE'S NOW AVAILABLE. - THANK YOU, AND GOOD MORNING. CAN YOU HEAR ME? - YES, WE CAN. - OKAY, THANK YOU SO MUCH. UH, GOOD MORNING, CHAIR AND SUPERVISORS. UH, MY NAME IS PAULINA MORENO AND I'M THE DIRECTOR OF POLICY AND PARTNERSHIPS WITH THE COMMUNITY ACTION BOARD OF SANTA CRUZ COUNTY, UH, CAB. UH, I WANNA THANK THE BOARD FOR INTRODUCING THE RESOLUTION CONDEMNING ESCALATING VIOLENCE AND HARMFUL IMPACTS OF ICE AND CVP OPERATIONS. AT A TIME WHEN HARM IS TOO OFTEN JUSTIFIED UNDER THE BANNER OF ENFORCEMENT, IT MATTERS THAT THIS BOARD IS NAMING WHAT IS HAPPENING AND AFFIRMING THE VALUES OF DIGNITY, SAFETY, AND HUMAN RIGHTS. AS MANY HAVE MENTIONED, YOU KNOW, FOR OUR COMMUNITIES HERE IN SANTA CRUZ COUNTY, THESE ACTIONS IS, UH, IS, ARE NOT ABSTRACT. UH, THEY SHOW UP IN FEAR IN SCHOOLS AND CLINICS, FAMILIES AVOIDING ESSENTIAL SERVICES, AND THE DEEP EROSION OF TRUST IN PUBLIC INSTITUTIONS MEANT TO KEEP PEOPLE SAFE. COMMUNITY SAFETY CANNOT EXIST WHERE PEOPLE ARE AFRAID TO SEEK CARE, EDUCATION, OR HELP. I ASK THAT THIS CONDEMNATION BE PAIRED WITH A CLEAR COMMITMENT TO ACCOUNTABILITY. WHEN ANY INDIVIDUAL, REGARDLESS OF AGENCY OR AUTHORITY, VIOLATES THE LAW OR INFRINGES ON PEOPLE'S CONSTITUTIONAL RIGHTS, THERE MUST BE REAL CONSEQUENCES. I URGE THE BOARD TO CONTINUE MOVING FORWARD WITH TRANSPARENCY, OVERSIGHT, AND COMMUNITY-INFORMED ACTION THAT REDUCES HARM AND UPHOLDS THE DIGNITY OF EVERY PERSON IN OUR COUNTY. THANK YOU FOR TAKING THIS STEP AND FOR RECOGNIZING WHAT WE SEE EVERY DAY IN OUR WORK, THAT PROTECTING CONSTITUTIONAL AND CIVIL RIGHTS IS ESSENTIAL TO KEEPING OUR COMMUNITY SAFE. THANK YOU. - THANK YOU. - AJLA, YOUR MICROPHONE IS NOW AVAILABLE. - GOOD MORNING, CHAIR MARTINEZ AND SUPERVISORS. MY NAME IS AJLA AZEVEDO-HUSIC. I'M THE LEAD IMMIGRATION ATTORNEY AT THE PUBLIC DEFENDER'S OFFICE HERE IN SANTA CRUZ, AND I'M AN IMMIGRANT MYSELF. I'M SPEAKING TODAY ON BEHALF OF OUR OFFICE TO RESPECTFULLY URGE YOU TO ADOPT THE RESOLUTION CONDEMNING THE HARMFUL EFFECTS ASSOCIATED WITH CERTAIN ICE AND CVP OPERATIONS, AND REAFFIRMING OUR COUNTY'S COMMITMENT TO DIGNITY, SAFETY, AND CONSTITUTIONAL RIGHTS FOR ALL. THIS IS ITEM 29 ON THE CONSENT AGENDA. AT THE PUBLIC DEFENDER'S OFFICE, WE SEE HOW INTENSIFIED FEDERAL IMMIGRATION ENFORCEMENT RESHAPES DAILY LIFE IN OUR COMMUNITY. FEAR OF DETENTION OR FAMILY SEPARATION LEADS PEOPLE TO AVOID SCHOOLS, MEDICAL CARE, WORKPLACES, AND EVEN THE COURTS. IT UNDERMINES PUBLIC SAFETY, PUBLIC HEALTH AND TRUST IN THEIR INSTITUTIONS THAT ARE MEANT TO SERVE EVERYONE. MORE THAN 20% OF OUR CLIENTS ARE NON-CITIZENS. OUR CONSTITUTIONAL OBLIGATIONS REQUIRE US NOT ONLY TO DEFEND AGAINST CRIMINAL CHARGES, BUT ALSO TO PROVIDE ACCURATE ADVICE ABOUT IMMIGRATION CONSEQUENCES. BECAUSE A SINGLE CONVICTION CAN MEAN PERMANENT EXILE, SEPARATION FOR FAMILY AND LOSS OF LAWFUL STATUS. WITH YOUR SUPPORT, OUR OFFICE HAS STRENGTHENED IMMIGRATION ADVOCACY, EXPANDED EARLY REPRESENTATION, AND BUILT INTERDISCIPLINARY TEAMS OF ATTORNEYS, INVESTIGATORS, [00:50:02] SOCIAL WORKERS, AND CLIENT ADVOCATES, ALL WHO ARE WORKING TOGETHER TO STABILIZE FAMILIES AND REDUCE UNNECESSARY HARM. WE ALSO SUPPORT THE ONGOING WORK OF A REMOVAL DEFENSE COLLABORATIVE THAT SUPPORTS OUR COMMUNITY THROUGH VOLUNTEER-DRIVEN ASYLUM CLINICS. THIS RESOLUTION DOES NOT CHANGE LAW ENFORCEMENT RESPONSIBILITIES IT SIMPLY AFFIRMS OUR COUNTY'S VALUES, THAT CONSTITUTIONAL PROTECTIONS APPLY TO EVERYONE, THAT ACCOUNTABILITY MATTERS, AND THAT COMMUNITY SAFETY IS STRENGTHENED WHEN RESIDENTS ARE NOT AFRAID TO SEEK HELP OR SEEK JUSTICE. FOR THESE REASONS, WE RESPECTFULLY URGE YOUR SUPPORT. THANK YOU SO MUCH. - THANK YOU. - CALL IN USER 668, YOUR MICROPHONE'S NOW AVAILABLE. AS A REMINDER, IT'S STAR SIX TO MUTE OR UNMUTE YOURSELF ON A CALL-IN DEVICE. - CAN YOU HEAR ME? - YES, WE CAN. - OKAY, GOOD. MY NAME IS KETRISCO YESO, AND I LIVE ON THE ONYX DRIVE. UM, I'VE BEEN A RESIDENT IN WATSONVILLE FOR OVER 57 YEARS, AND THE BESS [INAUDIBLE] BECAUSE THE BESS LOCATION ON MINTO ROAD. FOR ME, IT'S NOT A VERY SAFE LOCATION AND I URGE YOU TO PLEASE LOOK INTO, UM, A WAY TO STOP THIS. UM, AS YOU CAN SEE, I'M NOT A GOOD SPEAKER, BUT I AM REPRESENTING MY COMMUNITY, WHICH IS LOW INCOME MIGRANT WORKERS, AND I FEAR THAT THIS LOCATION IS TOO CLOSE TO SCHOOLS, LIKE EVERYBODY HAS MENTIONED ALIANZA, AMESTI. UM, SO BASICALLY I'M ASKING AND URGING YOU TO PLEASE HELP US. UM, THERE IS A LOT OF HEALTH CONCERN. WE ALREADY HAVE A PG&E SITE RIGHT NEXT TO US ON ANNEX ROAD, SO WE, UM, WE DON'T WANT ANY MORE EXPOSURE. WE HAVE ENOUGH OF WHAT WE HAVE RIGHT NOW. I'M ASKING AGAIN THE BOARD TO PLEASE HELP US IN STOPPING THIS. UM, AND I'M SPEAKING AGAIN FOR MYSELF AND FOR ALL THE HISPANIC COMMUNITY, LOW-INCOME PEOPLE. THANK YOU FOR YOUR TIME. - NANCY, YOUR MICROPHONE'S NOW AVAILABLE. NANCY, YOUR MICROPHONE'S NOW AVAILABLE. - UH, CAN YOU GUYS HEAR ME? - YES, WE CAN. - OKAY, THANK YOU. UH, MY NAME IS NANCY. UM, I AM FROM DISTRICT FOUR AND I'M SPEAKING FOR THE 90 MINTO ROAD PROJECT. UH, JUST REALLY QUICKLY, I WANTED TO SAY, YOU KNOW, AS A LATINA UM, I APPRECIATE FOR ALL THE COMMUNITY MEMBERS THAT CAME OUT. I THINK THE LATINOS WERE UNDERREPRESENTED IN THIS MEETING. UM, THE FEEDBACK I'VE JUST HEARD FROM FRIENDS THAT FOR SOME OF THEM IT'S REALLY HARD TO GET THEIR HANDS ON MEETINGS, ON INFORMATION ON WHAT'S GOING ON. A LOT OF US WORK DURING THESE TIMES. I JUST DON'T THINK, UM, THE SUPERVISORS HAVE REALLY HEARD FROM THAT POPULATION. AND WE MAKE UP A GOOD PERCENTAGE OF THE PEOPLE THAT LIVE ON GREEN VALLEY ROAD WHO ARE GONNA BE AFFECTED BY THIS PROJECT. UM, I SHARE EVERYONE'S CONCERN. I'M OPPOSED TO THE PROJECT, BUT I LIKE TO SPEAK MORE ON THE FINANCIAL RISKS THAT THE COUNTY AND THE RESIDENTS WILL BE TAKING ON IF THIS IS APPROVED. UM, YOU KNOW, I THINK IT'S IMPORTANT TO HAVE AN EMERGENCY ACTION PLAN THAT'S CLEARLY OUTLINED, UM, EVEN WITH THE BUDGET, HOW MUCH, UH, RESOURCES A COMMUNITY, THE COUNTY IS GONNA BE TAKING ON IF SOMETHING WERE TO HAPPEN, A CLEAR FINANCIAL LIABILITY OF VISTRA ENERGY THAT THEY, THAT'S, UM, AGREED UPON THAT IF, WHEN A ENVIRONMENTAL DISASTER HAPPENS THAT THEY'RE GONNA BE RESPONSIBLE FOR, UH, WHATEVER MONEY IT TAKES TO MAKE THINGS RIGHT, THAT NEEDS TO BE NOTED. YOU KNOW, THE IMPACT THAT IT'S GONNA HAVE ON OUR HOUSE INSURANCE. YOU KNOW, I DON'T SEE THE SANTA CRUZ COUNTY HANDING OUT STIPENDS TO HELP THE RESIDENTS WHEN THAT BECOMES REALLY UNMANAGEABLE. UM, YOU KNOW, AND WHAT HAPPENS WHEN THERE'S A CLASS ACTION LAWSUIT THAT OCCURS BECAUSE OF AN EMERGENCY DISASTER? IS THAT GONNA BE ON THE SANTA CRUZ COUNTY TO PAY OFF ANY HEALTH ISSUES OR, YOU KNOW, ANY FINANCE, UM, ANYTHING THAT COMES FROM A LAWSUIT? I MEAN, I THINK THESE ARE THINGS TO CONSIDER BECAUSE I JUST DON'T SEE THE POSITIVES ON, UM, ON OUR COUNTY WITH THIS PROJECT. THANK YOU. - THANK YOU. - JENNA, YOUR MICROPHONE IS NOW AVAILABLE. [00:55:02] - GOOD MORNING, CAN YOU GUYS HEAR ME? - YES. - THANK YOU. THANK YOU BOARD OF SUPERVISORS FOR HOLDING THIS MEETING SO THE PUBLIC CAN HAVE COMMENT ON THIS VERY IMPORTANT, UH, PROPOSAL THAT YOU GUYS HAVE LOOKING AT. AND ONE THING I, I WANNA REITERATE IS THAT THE COMMUNITY THAT IS GONNA BE MOST AFFECTED BY THIS IS THE HISPANIC COMMUNITY THAT LIVES NEAR THERE. AND IT WOULD BE A GREAT IDEA TO HAVE THIS MEETING AT A TIME WHERE A LOT OF THOSE WORKING PARENTS CAN GET TO THE MEETING. I THINK THAT THERE'S NOT A GOOD PRESENCE HERE TODAY BECAUSE OF THAT, AND THAT'S REALLY IMPORTANT. I MYSELF AM ZOOMING IN FROM WORK, BUT THAT'S NOT AN OPTION THAT EVERYBODY HAS. AND I LIVE ABOUT A MILE AND A HALF FROM THE PROPOSED DEVELOPMENT. AND WHEN MOSS LANDING WAS ON FIRE, I REMEMBER SITTING IN MY BACKYARD AND WATCHING THE SMOKE AND I COULD SEE SOME OF THE GLOW FROM THAT FROM MY YARD. AND THE THOUGHT OF THAT BEING BUILT JUST A MILE AND A HALF DOWN THE STREET FROM MY HOUSE IS TERRIFYING. AND I CAN'T EVEN BELIEVE THAT THE BOARD OF SUPERVISORS WOULD CONSIDER PUTTING SOMETHING LIKE THAT IN OUR COMMUNITY THAT IS SURROUNDED BY PINTO LAKE, A, A 10,000 YEAR OLD LAKE, AND ALL OF OUR AGRICULTURAL FIELDS, ALL OF THE SCHOOLS THAT YOU'VE HEARD. AND I JUST CAN'T EVEN, I'M CONFUSED HOW THAT IS EVEN AN OPTION TO PUT SOMETHING SO DANGEROUS IN AN AREA WHERE PEOPLE RESIDE AND ARE RAISING THEIR FAMILIES. AND THAT, THAT, THAT THIS CANNOT EVEN BE SOMETHING THAT YOU GUYS SHOULD BE CONSIDERING RIGHT NOW. AND SO I REQUEST THAT YOU PLEASE DO NOT MOVE FORWARD WITH THIS BATTERY PLANT. AND I'M ALSO CONFUSED THAT ALL OF THIS GREEN ENERGY GOT SHUT DOWN, WHICH I'M REALLY DISAPPOINTED BY THE TRUMP ADMINISTRATION. SO WHY IS CALIFORNIA PUSHING FORWARD FULL STEAM AHEAD, THAT JUST IS SO CONFLICTING AND DOESN'T MAKE ANY SENSE TO ME RIGHT NOW AT THAT TIME? WHAT IS THE RUSH FOR THIS TO BE HAPPENING? I WOULD LIKE SOME ANSWERS TO THESE QUESTIONS AND FOR YOU GUYS TO INFORM THE COMMUNITY. - THANK YOU. - THANK YOU. - LARISSA, YOUR MICROPHONE IS NOW AVAILABLE. - HI, CAN YOU HEAR ME? - YES, WE CAN. - OKAY, HI. UH, MY NAME IS [INAUDIBLE] AND I LIVE ON GREEN VALLEY ROAD. MANY OF YOU BOARD MEMBERS MIGHT RECOGNIZE ME FROM THE 2025 REZONING OF PARCELS IN OUR NEIGHBORHOOD. AND WHAT I WANNA DRAW YOUR ATTENTION TO IS THAT WHEN WE INVITED YOU OUT TO MY PROPERTY, YOU SAW FIRSTHAND HOW THAT DID NOT MAKE SENSE. AND I'M HOPING THAT YOU, EVERY MEMBER THAT'S SITTING HERE AT THIS TABLE TOOK YOUR TIME TO GO OUT AND LOOK FIRSTHAND, DRIVE DOWN GREEN VALLEY AND SEE THAT THIS DOES NOT MAKE SENSE ON MINTO ROAD. MY NEIGHBORS AND MYSELF DESERVE BETTER. WE DO NOT NEED TO ADD MORE TO OUR TINY ROAD THAT WE ALREADY HAVE. BATTERY PLANTS INVOLVE STORAGE AND PROCESSING OF HAZARDOUS MATERIALS. WHEN INCIDENTS OCCUR SUCH AS THERMAL RUNWAY OR BATTERY FLAT SORRY, FIRES. THEY'RE EXTREMELY DIFFICULT TO CONTROL AND CAN RELEASE TOXIC SMOKE, JUST AS WE ALREADY SAW RECENTLY. PLACING THIS TYPE OF RISK TO HOMES, SCHOOLS, AND COMMUNITY, IT PLACES SERIOUS PUBLIC HEALTH AND SAFETY CONCERNS. EXCUSE ME. UM, LAND USE DECISIONS SHOULD PROTECT EXISTING COMMUNITIES. A FACILITY LIKE THIS SCALE WILL BRING INCREASED HEAVY TRUCK TRAFFIC, NOISE AND INFRASTRUCTURE STRAIN TO AN ALREADY CONGESTED GREEN VALLEY ROAD. I ALSO WOULD LIKE TO KNOW WHAT HAPPENS IN 20 YEARS WHEN THIS EXPIRES. ARE THEY GONNA COME BACK IN AND ACTUALLY TAKE IT APART OR THE CHIP GONNA SIT THERE AND ROT? A PREVIOUS SPOKE, A SPEAKER TALKED ABOUT PROPERTY TAXES AND ALL THAT WILL GO INTO THAT. AND I WANNA KNOW HOW AS BOARD MEMBERS THAT WE VOTE FOR CAN SIT AT THAT TABLE AND SAY THAT THIS IS A GOOD IDEA. TO REALLY JUST ADD MORE AND MORE TO THIS COMMUNITY, SPECIFICALLY ON MINTO ROAD IS UNJUST. THANK YOU. - DEANDRE, YOUR MICROPHONE IS NOW AVAILABLE. - ALL RIGHT, CAN YOU HEAR ME? - YES, WE CAN. - ALL RIGHT. DEANDRE JAMES, THE EXECUTIVE DIRECTOR OF THE COMMUNITY HEALTH TRUST OF PAJARO VALLEY. HOW'S IT GOING OUT THERE? YOU CAN, I CAN'T SEE YOU, BUT YOU CAN HEAR ME. WHAT'S UP? OKAY, REAL QUICK. I DON'T KNOW ANYTHING ABOUT BATTERIES, BUT I, YOU GUYS BETTER FIGURE THIS ONE OUT AND, UH, FIGURE OUT HOW, UH, YOU CAN WORK WITH THE COMMUNITY. SO I'LL LEAVE THAT AS THAT. UH, NUMBER TWO, UH, 27, JOHN FLANAGAN IS AWESOME AND I HOPE YOU GUYS USE HIM TO THE FULLEST EXTENT, UH, ON THAT COMMISSION AND THAT BOARD TO HELP, UH, IN THAT WAY OF HOUSING. UH, NUMBER THREE ON MY LIST. UH, THANK YOU FOR THE RESOLUTION ON ICE. [01:00:03] UH, I THINK IT IS A GREAT THING THAT WE'RE STEPPING FORWARD AND PUTTING THOSE THINGS FORWARD, I THINK. SOME OF MY COLLEAGUES ON HERE SPOKE GREAT TO THAT. AND SO I ASKED THAT THAT'S THE FIRST GREAT STEP AND THAT WE CONTINUE TO MAKE STEPS IN THAT WAY, UM, AND MAKE THESE ACTIONABLE ITEMS, UH, THAT WE CONTINUE TO PROTECT THE COMMUNITY IN THAT WAY. SO I COMMEND YOU FOR MAKING THAT FIRST STEP. UH, LET'S KEEP IT GOING. ALRIGHT, ALSO IN MY VERY EFFICIENT WAY, NUMBER FOUR ON MY LIST IS, I'M EXCITED TO HEAR ABOUT BEHAVIORAL HEALTH, BUT I KNOW THAT'S NOT ON THE DEAL, BUT FIGURE, I GOT ONE MINUTE LEFT, MIGHT AS WELL SAY IT. THANK YOU FOR THE TIME. I'M REAL SWIFT AND CLICK AND, UH, LET'S CONTINUE TO WORK WITH THE COMMUNITY ON SOLVING THESE ISSUES TOGETHER. THANKS. - CALL IN USER 401, YOUR MICROPHONE IS NOW AVAILABLE. - MARILYN GARRETT. I USED TO TEACH AT AMESTI SCHOOL AND WOULD HAVE TO BRING CHILDREN INSIDE FROM THE PLAYGROUND BECAUSE OF THE PESTICIDES DRIFTING OVER THE CAMPUS. POISONS KNOW NO BOUNDARIES. THEY SHOULD BE PROHIBITED, WHETHER IT'S FROM PESTICIDES OR THESE BATTERY SITES. WHY PLAN FOR A KNOWN DISASTER WHEN YOU CAN PROHIBIT, BAN, STOP THESE PROPOSED BATTERY SITES BY VISTRA. IF WE DON'T HAVE RIGHTS TO OUR HEALTH, WE BASICALLY HAVE NO RIGHTS. AND WHETHER IT'S FROM CHEMICALS OR RADIATION POISONING, THE BOARD SEEMS TO GO FOR THOSE PROFITING FROM THIS POISONING. HERE'S AN OPENING SENTENCES FROM A DOCUMENTARY CALLED 5G APOCALYPSE: THE EXTINCTION EVENT. IT'S IMPORTANT TO UNDERSTAND WHAT THE 5G IS DOING AND WHAT THEY SAY IT'S DOING. WE'RE TOLD ON THE IEEE BEAM FORMING DOCUMENT THAT THIS TECHNOLOGY COOKS YOUR EYES LIKE EGGS IN WORLD WAR II. WE NEED TO UNDERSTAND THESE ARE MILITARY WEAPONS, THESE ARE ASSAULT FREQUENCIES. IF YOU'VE GARNERED NOTHING MORE THAN THAT, THAT'S WHAT YOU NEED TO KNOW. IT'S MICROWAVE RADIATION WARFARE. THAT'S WHAT THIS IS. AND THE COUNTY'S OWN DOCUMENTS CALL FOR A RAPID BUILDUP OF BUILD OUT OF WIRELESS INFRASTRUCTURE AND TO UPGRADE EXISTING FACILITIES FOR 5G NETWORKS, PARTICULARLY IN WORLD NO POISONS FROM PESTICIDES, BATTERIES, OR RADIATION. - THANK YOU. - ... YOU WERE, UM... - CALL IN USER 678, YOUR MICROPHONE'S NOW AVAILABLE. - CAN YOU HEAR ME? - YES, WE CAN. - GOOD MORNING, SUPERVISORS. MY NAME IS CARLA BROWN. UH, I LIVE IN, UH, THE COUNTY. I'M HERE IN CLEAR OPPOSITION TO THE PROPOSED BATTERY ENERGY STORAGE SYSTEM AT 90 MINTO ROAD. THIS PROPOSAL WOULD PLACE HEALTH AND SAFETY CONCERNS, AS WELL AS FIRE AND THERMAL RUNWAY RISKS DIRECTLY NEXT TO SCHOOLS, HOMES, FAMILIES, AND ACTIVE AGRICULTURAL LAND. A SINGLE INDUSTRIAL FIRE AT THE SITE COULD JEOPARDIZE THE SAFETY, INCOME AND FUTURE OF THE ENTIRE COMMUNITY. WE CANNOT PREDICT WHAT WOULD HAPPEN IF THAT SITE, WHAT WOULD HAPPEN AT THAT SITE IN THE FUTURE. AS YOU KNOW, WHEN THESE SYSTEMS FAIL, THEY CAN IGNITE SUSTAINED CHEMICAL REACTIONS. JUST LIKE WE SAW LAST YEAR. THESE HEALTHY, UH, THESE SAFETY CONCERNS ARE NOT THEORETICAL. IN 1996, THE GROUNDWATER CONTAMINATION CASE IN HINKLEY, CALIFORNIA THROUGH AARON BROCKOVICH'S, THAT MOVIE, IT REVEALED THE HEXAVALENT CHROMIUM USED IN INDUSTRIAL OPERATIONS, HAD MIGRATED INTO WATER GROUNDWATER IMPACTING PUBLIC HEALTH FOR YEARS. THAT CONTAMINATION OCCURRED BECAUSE INDUSTRIAL WASTE WAS NOT PROPERLY CONTAINED. WE CANNOT PREDICT THESE CONSEQUENCES, AND THESE WERE BURNED BY THE, BY THE RESIDENTS. AGRICULTURAL LAND NEAR 90 MINTO ROAD IS NOT EXPENDABLE. SOIL HEALTH, IRRIGATION WATER AND AIR QUALITY ARE FOUNDATIONAL TO PUBLIC HEALTH, FOOD SECURITY, AND OUR FARMERS. A BATTERY, FIRE OR CONTAINMENT FAILURE COULD IMPACT THOSE SYSTEMS FOR YEARS. YES, CLIMATE ACTION IS IMPORTANT, BUT ENVIRONMENTAL PROTECTION OF OUR COMMUNITIES REQUIRES CAREFUL SIGHTING OF HIGH RISK INDUSTRIAL INFRASTRUCTURE AWAY FROM DENSE RESIDENTIAL AND FARMING COMMUNITIES. PUBLIC HEALTH, SAFETY, AND LONG-TERM LAND STEWARDSHIP MUST GUIDE THIS DECISIONS. [01:05:02] I URGE YOU TO PROTECT THIS COMMUNITY AND REJECT THE SIGHTING OF THIS FACILITY AT 90 MINTO ROAD. THANK YOU. [APPLAUSE] - MARGARET, YOUR MICROPHONE'S NOW AVAILABLE. - MARGARET, YOUR MICROPHONE'S NOW AVAILABLE. PLEASE ACCEPT THE UNMUTE TO BEGIN YOUR COMMENTS. - ALL RIGHT. MY NAME IS MARGARET ANN SCHOTT. CAN YOU HEAR ME NOW? - YES. - OKAY, I LIVE ON AGATE DRIVE, APPROXIMATELY, WELL LESS THAN HALF A MILE FROM THE, UH, PROPOSED MINTO ROAD PROJECT. AND I AM VERY, VERY VEHEMENTLY AGAINST THIS PROJECT. WE ALREADY HAVE THE HUGE, UM, BUILD OUT OF THE PG&E SUBSTATION DOWN HERE, EMITTING EMFS, UH, AND NOISE. UM, IF YOU TRY AND DRIVE DOWN GREEN VALLEY ROAD OR DOWN MINTO, YOU WILL FIND THAT THE, THE CONGESTION OUT HERE WILL NOT SUPPORT ANY TYPE OF EMERGENCY VEHICLES. THE EMERGENCY, UH, EVACUATION THAT WE HAVE FOR THE COUNTY IS CURRENTLY THE STATE-, OUR FAIRGROUNDS, THEY WON'T BE AVAILABLE. UM, AND THIS IS, THERE ARE, WE'RE ON THE PACIFIC FLYWAY FOR MIGRATORY BIRDS. THE COUNTY JUST SPENT AN AWFUL LOT OF MONEY ON THE WATER, ON THE, UH, COLLEGE LAKE WATER PROJECT. AND, UH, AS THAT MEANS, WE DID. UM, AND THE DANGER FROM FIRE AND FROM FUMES IS NOT ACCEPTABLE. WE HAVE TOO MANY SCHOOLS. IT'S, IT'S, IT'S A SEISMIC AREA. IT, THERE, YOU JUST CANNOT CONTINUALLY PULL AG LAND THAT WE HAVE VOTED AS VOTERS FOR MEASURE J MANY, MANY YEARS AGO. IT NEEDS TO STOP. AND, UH, THIS NEEDS TO STOP BEFORE IT EVEN GETS OFF THE GROUND. UH, YOU'RE BEING PUSHED BY THESE DEVELOPERS AND NOT LISTENING TO THE COMMUNITY. IN JANUARY, THE MEETING WAS HELD IN SCOTTS VALLEY RATHER THAN IN WATSONVILLE, AND I WAS TOLD BY RAMON THAT UH, THIS WAS NOT GOING TO BE ABOUT MINTO AT ALL. IT WAS GOING TO BE ABOUT THE COUNTYWIDE ORDINANCE, AND IT DID NOT STAY THAT WAY. SO THANK YOU VERY MUCH. - TIM, YOUR MICROPHONE IS NOW AVAILABLE. - HELLO. THANK YOU FOR HEARING ME AGAIN. UM, CAN YOU, CAN YOU ALL HEAR ME? - YES, WE CAN. - OKAY. SO JUST, JUST LISTENING TO THIS, I JUST HOPPED ON HERE AND, UH, YEAH, I AM, I AM, UH, NOT SUPPORTIVE OF, OF THIS AT THIS MOMENT IN TIME IN REGARDS TO THESE, UH, CONCEPTS OVER THERE, UH, BY MINTO ROAD. SO, UM, AND WE ALL KNOW [LAUGHTER] ABOUT THE WHITE HOUSE WEBSITE AND, UH, AND APES AND ALL THAT SORT OF STUFF. YOU KNOW, IF ANYTHING GOES WRONG HERE WITH OUR AGRICULTURAL COMMUNITY AND THE SANTA CRUZ MOUNTAINS AND OUR SURFING COMMUNITY AND EVERYTHING, AND OUR FORESTS, UH, UM, WE ALL KNOW THAT WHITE HOUSE IS NOT GONNA BE VERY HELPFUL, ARE THEY? SO THAT'S THE WHOLE THING. SO RIGHT NOW, I WOULD TAKE ANY OF THESE GRAND BATTERY IDEAS COMPLETELY OFF THE TABLE. WE'RE NOT HERE TO, UH, YOU KNOW, BE FOR THE BENEFIT OF THE BILLIONAIRE CLASS THAT DOESN'T CARE A SHRED OF A, AN OUNCE OF A BIT ABOUT ANY OF US. AND THAT DOESN'T CARE A SHRED OF A BIT ABOUT THE ENTIRE COUNTRY AND THE VALUE OF OUR AGRICULTURE AND OUR WATER AND OUR ENVIRONMENT THAT WE PROVIDE TO THIS ENTIRE NATION. SO UNTIL SOME SORT OF AN ATTITUDE ADJUSTMENT COMES OUTTA THAT WHITE HOUSE, I WOULDN'T EVEN THINK ABOUT ANY OF THESE KIND, KIND OF PROJECTS. AND ALSO, YOU KNOW, JUST SO YOU KNOW, AGAIN, I ALWAYS CONTRAST THAT WITH THE TAHOE BASIN BECAUSE I GREW UP SKIING AND WE ALL KNOW THAT FOLKS AREN'T GONNA BE ABLE TO OUT SKI ME ON ANY HILL. BUT THE THING IS, IS, UH, YOU KNOW, JUST LOOKING AT HOW DEVELOPERS DESTROYED THE TAHOE BASIN, IT'S ALL ABOUT A FILTHY BUCK. AND SO JUST LOOKING AT THAT AND SEEING HOW THE WHITE HOUSE IS BEHAVING AND SO ON, NO WAY. I JUST DON'T SEE THE BENEFIT FOR SANTA CRUZ AND MONTEREY COUNTY AND FOR THE STATE OF CALIFORNIA TO MOVE FORWARD WITH THIS TYPE OF PROJECT. [01:10:02] ANYWAYS, THANK YOU SO MUCH FOR HEARING ME. YOU ALL DID DO GREAT WORK. HAVE A FINE DAY. - THANK YOU. - WE HAVE NO FURTHER SPEAKERS CHAIR. - THANK YOU, MADAM CLERK. [ACTION ON THE CONSENT AGENDA (ITEMS 13-48)] I'LL NOW TURN IT BACK TO THE BOARD TO SEE IF ANYBODY HAS ANY COMMENTS OR A MOTION ON THE CONSENT AGENDA. I'LL START ON MY LEFT WITH SUPERVISOR KOENIG. - THANK YOU, CHAIR. JUST A FEW QUICK COMMENTS ON ITEM 20, THE, UH, ENHANCED INFRASTRUCTURE FUNDING PARTICIPATION POLICY. I WANT TO THANK CEO ANALYST, PETER DETLEFS, UH, FOR THIS. IN A WORLD OF CONSTRAINED REVENUES FOR INVESTMENT AND HIS INFRASTRUCTURE FUNDING, DISTRICTS OFFER A USEFUL TOOL TO BUILD INFRASTRUCTURE NEEDED TO SUPPORT MORE HOUSING, UH, AND IMPROVE TOWN CENTERS, WHETHER THAT'S IN SCOTTS VALLEY OR, UH, CAPITOLA OR ANY OF THE CITIES IN OUR COUNTY. UH, I THINK THAT THE 25% ENSURES WE DON'T OVEREXTEND OURSELVES AS A COUNTY, UH, WITH ALL THE POOR CITIES. AND I THINK IT ALSO PROVIDES A STANDARD THAT LETS ALSO THE CITIES, UM, DO SOME BACK OF THE ENVELOPE CALCULATIONS FOR FEASIBILITY WITHOUT NEEDING TO HAVE EXTENSIVE MEETINGS WITH COUNTY STAFF. SO, THANK YOU. UH, ON ITEM 29 THROUGH 35, THE COMMISSIONS REPORT. UH, THESE ARE REPORTS FROM THE WATER ADVISORY COMMISSION, LATINO AFFAIRS COMMISSION, WOMEN'S COMMISSION, MOBILE AND MANUFACTURED HOME COMMISSION, INTEGRATED WASTE MANAGEMENT COMMISSION, WORKFORCE DEVELOPMENT, UH, AND IHSS COMMISSIONS. I JUST WANNA THANK ALL OF THESE COMMISSIONS AND THE COMMISSIONERS WHO SERVE ON THEM FOR THEIR CONTINUED WORK AND EXCELLENT RECOMMENDATIONS. AND THEN FINALLY ON ITEM 43, RATIFYING THE HOUSING FOR HEALTH VENDOR POOL AND ADDING AGREEMENTS FOR BRIDGE HOUSE AND LIVE OAK LANDING. I'M EXCITED TO SEE THESE PROJECTS COME TO FRUITION IN THE NEAR FUTURE AND SEE THE BENEFITS THEY HAVE OF, UH, DEDICATED HOUSING FOR UNSHELTERED ADULTS WITH SERIOUS BEHAVIORAL HEALTH CONDITIONS. UH, THESE 52 NEW UNITS WILL MAKE A HUGE DIFFERENCE. THANK YOU. - SUPERVISOR DE SERPA. - THANK YOU. UH, SIMILAR TO, UH, SUPERVISOR KOENIG, I'D LIKE TO THANK, UM, ALL OF THE PEOPLE IN OUR COUNTY WHO SERVE ON COMMISSIONS. IT IS, UM, IT IS A COMMITMENT, IT IS IMPORTANT, AND THANK YOU TO EVERYBODY WHO SERVES ON ANY OF THE COMMISSIONS. THE REPORTS WERE VERY INTERESTING AND WE APPRECIATE THE DIRECTIVES, UM, TO IMPROVE OUR COUNTY. I DO HAVE A QUICK QUESTION ABOUT THE EIFD. I DON'T KNOW IF PETER WOULD LIKE TO COME TO THE PODIUM. SO, I NOTICED... THANK YOU. I NOTICED THAT, UM, IT DID TALK ABOUT EIFD AS IT PERTAINS TO OUR CITY PARTNERS. UM, WILL THIS PARTICULAR POLICY ALSO COVER DEVELOPMENT OR REDEVELOPMENT IN THE UNINCORPORATED AREA? - UH, PETER DETLEFS, UH, PRINCIPAL ADMINISTRATIVE ANALYST WITH THE COUNTY EXECUTIVE OFFICE. UM, IT'S, THE POLICY IS REALLY DESIGNED TO CREATE A FRAMEWORK FOR THE CITIES FOR THE COUNTY'S PARTICIPATION. THE POLICY IS NOT NECESSARY FOR US TO, UM, TO FORM AN EIFD IN THE UNINCORPORATED AREA. THAT'S JUST A BOARD ACTION. - THANK YOU. THANK YOU, CHAIR. - THANK YOU. SUPERVISOR HERNANDEZ. - SO, JUST ON JUST A FEW COMMENTS ON ITEMS, UH, 20, 28, UH, I KNOW THERE'S A FEW CITIES FROM THE NORTH TO SOUTH THAT ARE INTERESTED IN THIS. AND I THINK IT'S IMPORTANT THAT WE DO, YOU KNOW, IT, I THINK IT'S IMPORTANT THAT WE DID CREATE THIS POLICY. I THINK THAT, UH, THERE'S SEVERAL CITIES THAT REALLY WANNA WORK ON ECONOMIC DEVELOPMENT. I THINK THIS IS A PERFECT TOOL FOR THEM UH, AND FOR US WITH, WITH THEM IN PARTNERSHIP TO WORK ON. AND NUMBER 28, UH, THE ICE POLICIES. I'D LIKE TO THANK MY COLLEAGUES, SUPERVISOR JUSTIN CUMMINGS UH, FOR BRINGING THIS ITEM FORWARD. UH, IT'S SOMETHING THAT WE NEED. UH, THESE ARE THE TYPE OF, UH, OR, UH, POLICIES THAT WE NEED TO MAKE SURE THAT THERE'S, UH, I GUESS MORE SAFETY IN OUR COMMUNITY. THAT'S IT. - SUPERVISOR CUMMINGS. - THANK YOU, CHAIR. JUST WANNA THANK EVERYBODY FOR THE COMMENTS TODAY. I DID WANT TO GET SOME CLARIFICATION ON THE, UM, IN THE PROCESS BECAUSE WE DID PROVIDE SOME DIRECTION TO STAFF REGARDING THE BATTERY ENERGY STORAGE ORDINANCE. AND SINCE THERE'S SO MANY PEOPLE HERE HAVE ASKED, I'M JUST WONDERING IF THERE MIGHT, WE MIGHT BE ABLE TO JUST GET AN UPDATE ON WHAT THE NEXT STEPS IN THE PROCESS ARE. SO I DON'T KNOW IF ANYBODY FROM CDI CAN SPEAK TO AND WHEN THE NEXT TIME THIS WILL COME BEFORE THE BOARD OR ANY KIND OF TYPE OF PUBLIC ENGAGEMENT. - GOOD MORNING, UH, CHAIR AND SUPERVISORS, STEPHANIE HANSON COMMUNITY DEVELOPMENT AND INFRASTRUCTURE. UM, OUR, OUR NEXT STEP, UH, AS DIRECTED BY THE BOARD WOULD BE TO ISSUE AN RFP TO TRY TO FIND A CONSULTANT TO PREPARE THE ENVIRONMENTAL IMPACT REPORT. UM, SO, UH, IF WE'RE MOVING FORWARD, [01:15:04] UH, WE ARE STILL WAITING FOR WORD FROM THE APPLICANT ON THEIR, UM, CURRENT STATUS. AND IF THEY ARE WANTING TO MOVE FORWARD, WE WOULD ISSUE THE RFP. UM, AND THE NEXT THING THAT THE BOARD WOULD SEE WOULD BE A CONTRACT WITH THE CONSULTANT FOR APPROVAL. SO THAT'S THE CURRENT STATUS. UM, OUR NEXT REPORT BACK TO THE BOARD IS AUGUST. UM, WE HAVE A LOT OF WORK TO DO BEFORE WE GET TO THAT POINT, SO. - [INAUDIBLE]. - EXCUSE ME, EXCUSE ME. - [INAUDIBLE]. - EXCUSE ME. UM, RIGHT NOW WE ARE, UM, HAVING DELIBERATIONS AND IT'S NOT TIME FOR PUBLIC COMMENT. PUBLIC TIME COMMENT PERIOD HAS BEEN CLOSED. - I'M SORRY, [INAUDIBLE] GIVEN ANY INFORMATION, [INAUDIBLE]. - SIR. - YOUR PLAN [INAUDIBLE]. - I'M SORRY, WE'VE ALREADY CLOSED PUBLIC COMMENT PERIOD. - ... LOOK AT THOSE PLANS. SO WHAT IS WRONG WITH ME REQUIRING... - SIR? - [INAUDIBLE] UNFORTUNATELY, WE'VE ALREADY HAD OUR PUBLIC COMMENT PERIOD. EVERYBODY HAS BEEN ALLOWED TWO MINUTES TO SPEAK. WE'VE CLOSED THAT PUBLIC COMMENT PERIOD AT THIS POINT. WE HAVE NOW COME BACK TO THE BOARD FOR COMMENTS ON THE CONSENT AGENDA. AND I HAVE CALLED ON SUPERVISOR CUMMINGS TO ASK HIS QUESTIONS. I'M GONNA ASK THAT THE ROOM PLEASE RESPECT THE PROCESS OF THE MEETING THAT WE ARE HOLDING TODAY. IF THAT'S NOT POSSIBLE, UNFORTUNATELY, I'M GONNA HAVE TO CLEAR THE ROOM. - I, I RESPECT THAT PROCESS THAT SHE JUST [INAUDIBLE]. - CHAIR, LET'S GO AHEAD AND TAKE A, TAKE A 10 MINUTE BREAK. - A 10 MINUTE BREAK, AND WE'RE GONNA GO AHEAD AND CLEAR THE ROOM. THANK YOU. - [INAUDIBLE]. [SILENCE] THANK YOU. I'M GOING TO RETURN TO OUR AGENDA. AND AS A REMINDER, WE ARE CURRENTLY ON ITEM NUMBER SIX, WHICH IS ACTION ON THE CONSENT AGENDA. I DO WANNA STATE BEFORE I BEGIN THAT, UM, IT SEEMS THAT THERE HAS BEEN SOME CONFUSION PERHAPS BY MEMBERS OF THE PUBLIC ABOUT THE BEST ITEM FOR CLARITY FOR THE PUBLIC. THIS ITEM IS NOT ON TODAY'S AGENDA. THERE IS NO DECISION OR ACTION TO BE TAKEN TODAY RELATED TO THE BESS ORDINANCE. SO WITH THAT, I'M GONNA TURN IT BACK OVER TO SUPERVISOR CUMMINGS TO SEE IF YOU HAVE ANY COMMENTS RELATED TO TODAY'S CONSENT AGENDA. - SURE. AND I WAS JUST GONNA ENCOURAGE FOLKS TO REACH OUT TO THEIR REPRESENTATIVE TO DISCUSS WITH THEM ITEMS THAT AREN'T ON THE AGENDA. SO JUST FOR THE PEOPLE'S CONCERNS CAN BE ADDRESSED. BUT GETTING BACK TO THE CONSENT AGENDA, I DO WANT TO THANK, UM, ITEM NUMBER 29 THROUGH 35. THOSE ARE THE VARIOUS REPORTS FROM OUR DIFFERENT COMMISSIONS. AND I DO WANNA ALSO EXPRESS MY APPRECIATION FOR OUR COMMISSIONERS, THE HARD WORK THEY'VE DONE. BUT I ALSO JUST WANT TO ENCOURAGE THAT AS WE'RE MOVING THROUGH OUR STRATEGIC PLANNING PROCESS AND AS WE'RE MOVING THROUGH THE OTHER PROCESSES THAT WE'RE ACTUALLY TAKING ACTION ON THE ITEMS THAT OF, ON THE RECOMMENDATIONS. UM, I KNOW LAST YEAR THERE WERE A NUMBER OF RECOMMENDATIONS THAT CAME FROM THE WOMEN'S COMMISSION. I DON'T KNOW IF WE EVER IMPLEMENTED THOSE. AND WE'RE OFTEN GETTING REPORTS FROM, FROM OUR COMMISSIONS. AND I THINK THE LAST THING WE WANT TO DO IS HAVE PEOPLE MEETING, PUTTING SO MUCH WORK INTO, UM, THE, TO WHAT'S BEING DONE AT THE COMMISSIONS, AND THEN OUR BOARD NOT TAKING ANY ACTION. SO AS WE'RE MOVING FORWARD, I THINK THAT IT'S REALLY CRITICAL WHERE WE CAN IMPLEMENT, UH, THE RECOMMENDATIONS FROM OUR COMMISSIONS THAT WE'RE ACTUALLY DOING SO. ITEM NUMBER 28. UM, THIS IS THE ITEM CONDEMNING THE EXCESSIVE USE OF FORCE THAT WE'VE BEEN SEEING FROM AGENTS THAT ARE, UM, REPRESENTING DEPARTMENT OF HOMELAND SECURITY. AND, YOU KNOW, AS WE'VE RECENTLY SEEN, UM, AMERICAN CITIZENS BEING LITERALLY MURDERED IN THE STREETS BY SOME OF THESE AGENTS UM, FOLKS IN OUR COMMUNITIES HAVE BECOME VERY SCARED AND REALLY CONCERNED ABOUT WHAT MIGHT HAPPEN SHOULD ICE COME INTO OUR COMMUNITY IN THIS WAY. AND, UM, AND THERE'S BEEN A LOT OF QUESTIONS OF WHAT CAN WE DO? WHAT CAN WE DO? AND REALLY THIS ITEM IS FOR US TO SEND A STRONG MESSAGE TO OUR COMMUNITY THAT WE'RE, WE SHARE THESE CONCERNS AND WE REALLY WANT TO HEAR FROM THE, THE STATE ATTORNEY'S GENERAL'S OFFICE ABOUT WHAT THEY'RE GONNA DO IF SOMETHING LIKE THIS HAPPENS HERE. I MEAN, WE STILL HAVE STATE LAWS THAT NEED TO BE UPHELD AND DUE PROCESS UNDER OUR STATE CONSTITUTION, OUR FEDERAL CONSTITUTION. AND WE NEED TO MAKE SURE THAT WE'RE GONNA DO EVERYTHING WE CAN TO HOLD THESE AGENTS ACCOUNTABLE WHEN SOMETHING LIKE THIS HAPPENS IN OUR COMMUNITY. AND SO, UM, REALLY LOOKING FORWARD TO, UM, GETTING SUPPORT FROM THE BOARD ON THIS AND US BEING ABLE TO FOLLOW UP WITH OUR STATE ATTORNEY GENERAL'S OFFICE AND UNDERSTAND WHAT ARE OUR RIGHTS, UM, IN TERMS OF KEEPING OUR COMMUNITIES SAFE, AND WHAT ARE, WHAT CAN WE DO TO HOLD, UH, THESE ICE AGENTS ACCOUNTABLE WHEN THEY VIOLATE OUR LAWS? AND THAT CONCLUDES MY COMMENTS. - THANK YOU, SUPERVISOR CUMMINGS. UM, I'LL PROCEED WITH MY COMMENTS. I WANT TO THANK EVERYBODY WHO CAME TO SPEAK TODAY. UM, IT REALLY IS IMPORTANT TO THE PUBLIC PROCESS THAT WE HAVE A RESPECTFUL SPACE [01:20:01] FOR ALL PEOPLE TO SHARE THEIR COMMENTS. UM, SO I, I APPRECIATE THOSE WHO CAME AND I'LL CONTINUE TO WORK HARD AS CHAIR TO MAINTAIN A RESPECTFUL AND INCLUSIVE SPACE SO THAT WAY WE CAN CONTINUE TO HEAR FROM MEMBERS OF THE PUBLIC UM, WHICH IS WHAT WE WANT TO DO. UM, I WOULD LIKE TO QUICKLY THANK OUR AUDITOR CONTROLLER, UM, LAURA BOWERS AND OUR ECONOMIC DEVELOPMENT ANALYST, UH, PETER DETLEFS FOR BRINGING FORWARD ITEM NUMBER 20, WHICH IS THE, UH, POLICY FOR CITIES TO PARTNER WITH THE COUNTY ON ENHANCED INFRASTRUCTURE FINANCING DISTRICTS. UM, EIFDS ARE A TOOL ONE OF, YOU KNOW, SEVERAL TOOLS THAT CAN BE USED TO HELP STIMULATE ECONOMIC GROWTH, PARTICULARLY SINCE THE CLOSURE OF, UH, REDEVELOPMENT AGENCIES. AND SO I REALLY SUPPORT THE COUNTY COMING FORWARD WITH A POLICY THAT ALLOWS THE BOARD TO TAKE A PRETTY, UM, NEUTRAL AND STRUCTURED APPROACH TO ANY CITY PROPOSALS THAT MAY COME BEFORE US IN THE FUTURE. UM, I KNOW THAT CITIES HAVE EXPRESSED INTEREST IN THIS, SO THANK YOU FOR BRINGING FORWARD THIS POLICY TODAY. I'D ALSO LIKE TO THANK THE STAFF FOR ALL OF THE WORK THAT WENT INTO PROGRESS ON ITEM NUMBER 22 WHICH IS OUTLINING THE PROGRESS OF THE OPERATIONS PLAN. UM, THERE'S SO MUCH GOOD WORK LISTED IN THAT REPORT AND WE CAN'T LIST EVERY ACHIEVEMENT TODAY, BUT I WANT YOU TO KNOW THAT WE SEE IT AND WE APPRECIATE IT. SO THANK YOU FOR CONTINUING TO MAKE PROGRESS ON OUR STRATEGIC PLAN AND OUR OPERATIONAL PLAN. RELATED TO ITEM NUMBER 28, UM, THE ITEM BROUGHT FORWARD BY SUPERVISOR CUMMINGS RELATED TO, UH, ICE. I'M HAPPY TO SUPPORT THIS ITEM. AT THE LAST MEETING, SUPERVISOR HERNANDEZ AND I BROUGHT FORWARD AN ITEM TO CREATE SHIELD, AN AD HOC COMMITTEE TO STUDY AND PROPOSE RECOMMENDED ACTIONS IN RESPONSE TO CONCERNS CAUSED BY IMMIGRATION ENFORCEMENT. AS A PART OF THAT SUBCOMMITTEE, BOTH OF OUR OFFICES HAVE PARTICIPATED IN A ROUND TABLE WITH CONGRESSMAN PANETTA, THE DISTRICT ATTORNEY AND LOCAL LAW ENFORCEMENT FROM SANTA CRUZ AND MONTEREY COUNTIES, AND WE'VE BEEN IN CONTACT WITH OUR BAY AREA PARTNERS. I ALSO DON'T SEE ANY REASON WHY WE CAN'T SEND A LETTER AND RESOLUTION TO OUR STATE AND FEDERAL DELEGATIONS AS PROPOSED. UM, BUT MOSTLY I WANNA MAKE SURE THAT THESE STATEMENTS OF SOLIDARITY ARE BEING TRANSLATED INTO ACTION. AND THE SHIELD SUBCOMMITTEE IS NOW MEETING REGULARLY WITH STAFF AND WE ARE DOING A LOT OF BEHIND THE SCENES WORK TO MAKE SURE THAT THE COUNTY IS PREPARED. SO I FEEL CONFIDENT THAT MEANINGFUL PROGRESS IS HAPPENING. WE'LL BE REPORTING BACK ON THAT IN THE FIRST MEETING IN MARCH AND I THANK SUPERVISOR CUMMINGS FOR, UM, BRINGING THIS FORWARD, AND I'M HAPPY TO SIGN ON OFF ON THIS. AS MY COLLEAGUES DID FOR ALL OF THE MEMBERS OF THE COMMISSIONS WHO SUBMITTED REPORTS ITEMS NUMBER 29 THROUGH 35, I REALLY WANNA THANK FOLKS FOR PARTICIPATING IN THE VARIOUS COMMISSIONS. THE REPORTS WERE VERY INTERESTING TO READ, AND UH, A LOT OF GOOD WORK IS HAPPENING. MANY PEOPLE TALK ABOUT GETTING INVOLVED AND PARTICIPATING IN THEIR LOCAL COMMUNITY. PEOPLE WHO JOIN COMMISSIONS ARE THE PEOPLE WHO ACTUALLY DO THAT. THEY ROLL UP THEIR SLEEVES AND THEY, UM, PARTICIPATE IN A MEANINGFUL WAY. SO THANK YOU TO THE COMMISSIONERS FOR YOUR PROGRESS. AND FINALLY ON ITEM NUMBER 48, THE RECYCLING AND SOLID WASTE UPDATE. I JUST WANNA THANK CDI FOR THIS COMPREHENSIVE REPORT, INCLUDING AN UPDATE ON IMPROVEMENTS TO THE BEN LOMOND TRANSFER STATION, WHICH IS IN MY DISTRICT, AND, UM, I'M APPRECIATIVE OF THE EFFORTS TO REPURPOSE FUNDS FOR LITTER CLEANUP IN THE SAN LORENZO VALLEY AND NORTH COAST THROUGH INCREASED PARKS, MAINTENANCE AND ROAD CREW WORK AS WELL AS THE REPORT BACK ON OUR FREE GREEN WASTE DISPOSAL PROGRAM THAT HAPPENED IN THE FIFTH DISTRICT AND WE'LL BE CONTINUING ON IN THE, IN THE, UM, SPRING. SO WITH THAT, UM, I WILL BE LOOKING FOR A MOTION ON THE CONSENT AGENDA, BUT BEFORE I DO THAT, I BELIEVE SUPERVISOR DE SERPA HAS ONE ADDITIONAL COMMENT. OH WAIT, ACTUALLY YOU DON'T. - NO. - NEVER MIND. STRIKE THAT. SHE HAD A COMMENT AND WE DECIDED NOT TO MOVE FORWARD WITH THAT. SO, GIVEN THAT I'M LOOKING FOR A MOTION ON THE CONSENT AGENDA. - I WILL MAKE A MOTION TO APPROVE THE CONSENT AGENDA. - I'LL SECOND. - WE HAVE A MO... - AND IF I CAN JUST SAY ONE THING ABOUT ITEM 28, UM, I THINK IT MIGHT BE GOOD JUST TO MAKE SURE THAT OUR COMMUNITY IS AWARE THAT MAYBE A PRESS RELEASE GO OUT AS PART OF THAT. JUST, UM, KIND OF SUMMING UP THE BOARD'S ACTION TODAY. SO IT'S JUST A RECOMMENDATION FOR STAFF TO CONSENT. - THANK YOU FOR THAT COMMENT. UM, SO WE HAVE A MOTION FROM SUPERVISOR DE SERPA AND A SECOND FROM SUPERVISOR CUMMINGS. MADAM CLERK, WILL YOU CALL THE ROLL? - CERTAINLY. SUPERVISOR CUMMINGS. - AYE. - HERNANDEZ. - AYE. - KOENIG. - AYE. - DE SERPA. - AYE. - AND MARTINEZ. - AYE. MOTION PASSES 5-0. [7. Consider presentation on the transition from the Mental Health Services Act to the Behavioral Health Services Act, including new State requirements for fund administration and distribution, and take related actions] WE WILL NOW MOVE ON TO OUR REGULAR AGENDA, STARTING WITH ITEM NUMBER SEVEN. CONSIDER A PRESENTATION ON THE TRANSITION FROM THE MENTAL HEALTH SERVICES ACT TO THE BEHAVIORAL HEALTH SERVICES ACT, INCLUDING NEW STATE REQUIREMENTS FOR FUND ADMINISTRATION AND DISTRIBUTION, AND TAKE RELATED ACTIONS. [01:25:03] AS OUR SPEAKERS ARRIVE, I'D LIKE TO, UM, REMIND MY COLLEAGUES ABOUT THE PROCESS. WE'RE GONNA START BY HEARING OUR STAFF REPORT AND THEN I'D, UH, LIKE TO ASK MEMBERS OF THE BOARD TO ASK ANY QUESTIONS FOR CLARITY RELATED TO THE STAFF REPORT. I'LL THEN GO TO THE PUBLIC FOR PUBLIC COMMENT AND BRING IT BACK TO THE BOARD FOR DISCUSSION AND ACTION. SO WITH THAT, I BELIEVE WE HAVE HERE TO PRESENT OUR DIRECTOR OF HEALTH SERVICES AGENCY, MS. CONNIE MORENO-PERAZA AND OUR BEHAVIORAL HEALTH DIRECTOR, DR. MARNI SANDOVAL. WELCOME. - GOOD MORNING, UH, CHAIR MARTINEZ AND MEMBERS OF THE BOARD OF SUPERVISORS, OUR CEO NICOLE COBURN. UH, THANK YOU SO MUCH FOR GIVING US THE OPPORTUNITY TO PRESENT ON MENTAL HEALTH SERVICES ACT, WHICH WILL SOON BE REFERRED TO AS BEHAVIORAL HEALTH SERVICES ACT WHICH IS A RESULT OF THE PASSING OF PROPOSITION 1 BACK IN MARCH OF 2024. UH, THIS IS A STATE FUNDING SOURCE THAT WE'VE HAD IN BEHAVIORAL HEALTH, UH, FOR A WHILE, AND NOW IT'S, UH, THIS EXCITING NEWS. THERE'S SOME GREAT CHANGES THAT ARE COMING, INCLUDING THE INCLUSION OF THESE FUNDING SOURCES TO BE, FUNDING SOURCES TO BE USED TO TREAT OR HELP PEOPLE WITH, UH, UH, ALCOHOL AND DRUG ISSUES, WHICH IS A MAJOR ISSUE AND OR WITH CO-OCCURRING DISORDERS. UM, AS ALL OF YOU ARE VERY AWARE, OUR MENTAL HEALTH AND SUBSTANCE USE CONDITIONS CONTINUE TO BE UNDERLYING FACTORS, UH, IN MANY OF OUR SECTORS AND, UH, OUR DEPARTMENTS SUCH AS CORRECTIONS, PROBATION, THE SCHOOLS, UH, IN THE COMMUNITY. SO, UH, IT GOES ACROSS ALL AGES, ALL DIVERSE DIVERSITY GROUPS. SO IT, IT GOES, UH, IT'S VERY CHRONIC CONDITIONS THAT WE HAVE. SO, UM, WE ARE VERY, UM, THANKFUL TO, FOR THE OPPORTUNITY TO PRESENT TODAY. I AM VERY GRATEFUL TO OUR TEAM, INCLUDING DR., UH, SANDOVAL AND HER TEAM. WE HAVE AMY RHODES HERE ALSO, WHO'S BEEN A CHAMPION IN PUTTING THIS INFORMATION TOGETHER FOR YOU. UM, I DO THANK THEM VERY MUCH. UH, THERE'S SOME VERY IMPORTANT CHANGES THAT WE WOULD LIKE YOU TO BE AWARE OF AND ALSO SOME GREAT WORK THAT OUR BEHAVIORAL HEALTH DIRECTOR AND HER TEAM HAVE DONE IN THE LAST, UH, FEW MONTHS. WITH THAT, I;LL TURN OVER TO DR. SANDOVAL. - GOOD MORNING, UH, CHAIR MARTINEZ, SUPERVISORS. GOOD TO SEE ALL OF YOU. UM, HAVE QUITE A BIT OF INFORMATION TO SHARE WITH YOU TODAY. WE HAVE TRIED OUR BEST TO CONSENT, CONDENSE IT TO A DIGESTIBLE AMOUNT, IMPORTANT FOR YOU TO KNOW THAT IT IS AN EXTENSIVE AMOUNT OF INFORMATION. SO I'M SURE THAT THERE WILL BE QUESTIONS AND WE'LL CERTAINLY CONTINUE TO STAY IN CONTACT WITH THE BOARD AND PROVIDE INFORMATION AS WE GO THROUGH THIS TRANSFORMATION PROCESS. UM, I WANNA START, CONNIE, THANK YOU FOR THE INTRODUCTIONS AND FOR BEING HERE. UH, I WANNA START HERE AND PROVIDE ALL OF YOU ON THE BOARD AND OUR COMMUNITY INFORMATION AND INSIGHT INTO THE PENDING CHANGES THAT REALLY ARE THE RESULT OF THE PASSAGE OF PROPOSITION 1 HERE IN THE STATE OF CALIFORNIA AND SPECIFICALLY HOW THAT'S REQUIRING UPDATES ON THE WAY THAT WE'RE TRANSITIONING FROM THE MENTAL HEALTH SERVICES ACT TO THE BEHAVIORAL HEALTH SERVICES ACT. SO IN, IN ORDER FOR US TO REALLY TALK ABOUT THAT, I WANNA PROVIDE SOME CONTEXT RELATED TO MHSA. THE MENTAL HEALTH SERVICES ACT, WHICH WAS PASSED IN 2004. THAT RESULTED IN A 1% TAX BEING IMPOSED ON CALIFORNIA RESIDENTS WHO EARNED A PERSONAL INCOME OVER A MILLION DOLLARS. THE FUNDING IS OFTEN THEREFORE REFERRED TO AS THE MILLIONAIRE'S TAX, AND IT'S DISTRIBUTED TO COUNTIES BASED ON POPULATION SIZE. AND IT WAS A MORE FLEXIBLE FUNDING SOURCE THAN BEHAVIORAL HEALTH DEPARTMENTS HAD PREVIOUSLY BEEN USED TO. UM, COUNTIES HAVE BEEN IMPLEMENTING MHSA FOR 20 YEARS. BUILDING OUT THEIR SYSTEMS OF CARE AND ADDRESSING NEEDS IDENTIFIED IN PARTNERSHIP WITH THE COMMUNITY. SO PROPOSITION 1, WHICH WAS APPROVED BY CALIFORNIA VOTERS IN MARCH OF 2024, AND THE NEW BHSA REQUIREMENTS WILL BECOME EFFECTIVE JULY 1ST, 2026. [PAUSE] SO THE LEGISLATIVE BACKGROUND FOR PROPOSITION 1 IS IMPORTANT TO UNDERSTAND. IT WAS A TWO PART MEASURE BASED ON TWO BILLS THAT WERE INTRODUCED BY THE CALIFORNIA LEGISLATURE IN 2023. THE FIRST BILL WAS ASSEMBLY BILL 531, WHICH IS ON THE RIGHT SIDE OF THE SLIDE HERE THE BEHAVIORAL HEALTH BOND, IT RESULTED IN A $6.38 BILLION GENERAL BOND MEASURE TO FUND BEHAVIORAL HEALTH TREATMENT AND RESIDENTIAL FACILITIES. REALLY, THE FUNDS ARE USED FOR BRICK AND MORTAR, NOT FOR TREATMENT SERVICES. AND THEN THE SECOND BILL WAS SENATE BILL 326, AND THAT WAS THE MECHANISM THAT REALLY REFORMED MHSA AS WELL AS MAKING SUBSTANTIAL CHANGES TO HOW COUNTY BEHAVIORAL HEALTH DEPARTMENTS WITHIN BOTH THEIR CHILDREN'S AND ADULT SYSTEMS OF CARE ARE STRUCTURED. UM, IT'S ALSO GOING TO SIGNIFICANTLY CHANGE COUNTY REPORTING PROCESS. [PAUSE] SO AT A HIGH LEVEL, IT'S IMPORTANT TO SHARE SOME CONTEXT, UM, THAT THE INFORMATION BEING SHARED TODAY IS A RESULT OF SENATE BILL 326, WHICH WAS NEARLY 300 PAGES LONG [01:30:04] UM, HUNDREDS OF PAGES OF POLICY THAT THE STATE HAS JUST RECENTLY RELEASED. SO THERE'S A REDUCTION IN FUNDING THAT COUNTIES WILL RECEIVE AND SIGNIFICANT FISCAL RESTRUCTURING OF THE MILLIONAIRE TAX. SO, IT'S REALLY IMPORTANT TO JUST BE VERY CLEAR THAT THIS IS NOT NEW FUNDING. UM, RATHER IT'S AN ACTUAL REDUCTION IN THE ALLOCATIONS THAT COUNTIES WILL RECEIVE. AND IT'S A SHIFT IN WHAT WE CAN FUND BASED ON THE ADDITION OF NEW PRIORITIES AND THE ELIMINATION OF SOME OF THE EXISTING, UM, PRIORITIES. SO UNDER MHSA FUNDS COULD ONLY BE USED TO SUPPORT INDIVIDUALS WHO WERE AT RISK OR HAD A SERIOUS MENTAL HEALTH CONDITION, OR INDIVIDUALS WHO HAD CO-OCCURRING MENTAL HEALTH AND SUBSTANCE USE DISORDERS. BUT UNDER BHSA, THE STATE NOW WILL EXPECT COUNTIES TO UTILIZE A PORTION OF THE MILLIONAIRES TAX TO PROVIDE SERVICES FOR INDIVIDUALS WHO HAVE SUBSTANCE USE DISORDERS ONLY. SO THAT HENCE THE BEHAVIORAL HEALTH COMPONENT OF THIS TRANSFORMATION. UM, IT'S REALLY SIGNIFICANT BECAUSE WHILE IT DOES ALLOW COUNTIES TO UTILIZE FUNDS TO SUPPORT THE UNDERFUNDED SUBSTANCE USE DISORDER SYSTEM OF CARE, THE PREVALENCE OF SUBSTANCE USE DISORDERS IS SIGNIFICANTLY HIGHER THAN THAT OF THE SERIOUSLY MENTALLY ILL POPULATION. SO WE'RE GOING TO HAVE A, A FINANCIAL CHALLENGE AT MEETING THE NEEDS WITH THIS AS A NEW FUNDING SOURCE THAT AS WE'LL GET INTO, HAS DRASTICALLY REDUCED AND SHIFTED IN THE WAY THAT WE'RE ALLOWED TO ALLOCATE IT. BHSA DOES CREATE NEW PRIORITY POPULATIONS AND IT DOES ESTABLISH NEW STATEWIDE BEHAVIORAL HEALTH GOALS. SO THE REFORM REALLY WENT BEYOND MHSA AND THE INTENTION IS TO OVERHAUL THE WHOLE ADULT AND CHILDREN SYSTEM OF CARE IN COUNTY BEHAVIORAL HEALTH PLANS. UM, IT ALSO RESULTED IN SOME CHANGES IN THE COMMUNITY PLANNING PROCESS, INCLUDING A SIGNIFICANT EXPANSION OF HOW WE'VE INCLUDED COMMUNITY MEMBERS AND STAKEHOLDERS IN THE PROCESS. UM, REALLY THIS IS CREATING NEW STRUCTURES FOR PLANNING AND REPORTING THAT'S GOING TO BE REQUIRING US TO DIG INTO ALL ASPECTS OF BEHAVIORAL HEALTH, NOT JUST THOSE FUNDED THROUGH BHSA. [PAUSE] SO LET'S LOOK AT WHAT'S HAPPENED FISCALLY. AGAIN, THE MILLIONAIRES TAX WAS NOT INCREASED, SO IT'S STILL, IT'S STILL, UH, ASSESSED AT THAT 1% TAX LEVEL. UNDER BHSA, THERE'S AN ELIMINATION OF LOCAL PREVENTION FUNDING THAT'S DEDICATED TO PREVENTION AS WELL AS THE DEDICATED INNOVATION FUNDING. SO THOSE TWO SPECIFIC ALLOCATIONS ARE ELIMINATED UNDER BHSA. THERE'S STILL A 4% ALLOCATION OFF THE TOP OF THE ASSESSED TAXES AT THE STATE LEVEL THAT GO TO THE NO PLACE LIKE HOME HOUSING BOND, WHICH HAS BEEN IN PLACE SINCE 2018. SO THE STATE, AT THE STATE LEVEL, YOU'LL SEE THIS ON THE LEFT SIDE OF THE SLIDE. AFTER TAKING THAT 4% OFF OF THE TOP OF THE ASSESSED TAXES, THE STATE'S ALLOCATION IS GOING TO INCREASE FROM 5%, WHICH IT HAS HAD UNDER MHSA TO 10%. SO THAT ESSENTIALLY MEANS LESS FUNDING COMING INTO THE COUNTIES. WHAT THEY WILL DO WITH THAT PORTION OF THEIR RETAINED ALLOCATION IS THEY'LL FOCUS ON POPULATION-BASED PREVENTION, WHICH WILL NOW BE OVERSEEN BY THE CALIFORNIA DEPARTMENT OF PUBLIC HEALTH. AND AS I SHARED PREVIOUSLY, THE LOCAL PREVENTION FUNDING HAS BEEN ELIMINATED, AND INSTEAD IT'S GOING TO BE OVERSEEN BY THE STATE. SO THE PORTION OF THE FUNDING THAT'LL BE ALLOCATED TO COUNTY PUBLIC HEALTH DEPARTMENTS WILL COME WITH A REQUIREMENT THAT WE HAVE A SUICIDE PREVENTION COALITION AND DEVELOPED COUNTYWIDE SUICIDE PREVENTION PLANS. AS OF 2024, OF THE 58 COUNTIES IN CALIFORNIA, 21 OF THOSE COUNTIES HAD A SUICIDE PREVENTION PLAN. SO I'M PROUD TO SHARE SANTA CRUZ COUNTY IS ONE OF THE COUNTIES THAT ALREADY DOES HAVE A SUICIDE PREVENTION PLAN IN PLACE. SO SOME OF THESE REQUIREMENTS WE'VE ALREADY MADE QUITE A BIT OF PROGRESS ON LOCALLY, AND THIS WILL JUST HELP US TO CONTINUE TO DO THAT. UH, COMMUNITY BASED ORGANIZATIONS ARE ALSO GOING TO BE ABLE TO APPLY FOR GRANT FUNDING DIRECTLY FROM THE CALIFORNIA DEPARTMENT OF PUBLIC HEALTH TO CONTINUE THEIR PREVENTION WORK. SO MUCH OF THE PREVENTION WORK THAT HAS BEEN FUNDED THROUGHOUT THE STATE LOCALLY TO ORGANIZATIONS IN THE COMMUNITY WILL NEED TO BE DIVERTED TO SUPPORTING THOSE COMMUNITY ORGANIZATIONS TO ACCESS THAT FUNDING DIRECTLY FROM THE STATE. UM, OUR BEHAVIORAL HEALTH DEPARTMENT, VERY IMPORTANT FOR US THAT WE'LL BE CONTINUING TO SUPPORT AND ENCOURAGE OUR LOCAL CBOS TO APPLY FOR THIS FUNDING IN ORDER TO FILL THOSE ANTICIPATED GAPS DUE TO THE RESTRUCTURING OF THIS TAX. THE WORKFORCE COMPONENT OF HOW THE FUNDING HAS BEEN ALLOCATED WILL BE OVERSEEN BY THE CALIFORNIA DEPARTMENT OF HEALTHCARE ACCESS AND INFORMATION, ALSO REFERRED TO AS HCAI. AND THEN THE ADMINISTRATION PORTION OF THEIR ALLOCATION, THE DEPARTMENT OF HEALTHCARE SERVICES UTILIZES THAT TO PAY [01:35:03] FOR A PORTION OF THEIR ADMINISTRATIVE DUTIES FOR THE STATE BEHAVIORAL HEALTH COMMISSION, THE CALIFORNIA DEPARTMENT OF PUBLIC HEALTH, HCAI, AND OTHER ASSOCIATED STATE DEPARTMENTS THAT ARE INVOLVED IN ADMINISTERING THE TAX AND THE SERVICES RELATED TO THAT. SO IF WE MOVE TO THE RIGHT SIDE OF THE SLIDE, YOU'LL SEE THE COUNTY ALLOCATION PORTION. SO OUR PORTION IS NOW GOING TO, AS COUNTIES AS A WHOLE, WILL DECREASE FROM 91% DOWN TO 86% OF THE FUNDS. THERE'S A NEW HOUSING INTERVENTION CATEGORY THAT WILL BE FUNDED AT 30% OF THE LOCAL ALLOCATION. UM, THAT'S A BRAND NEW PRIORITY. UM, A SIGNIFICANT DRIVER OF BHSA WAS THE GOVERNOR'S DESIRE TO ADDRESS HOMELESSNESS IN CALIFORNIA. SO THIS NEW FUNDING CATEGORY BECOMES, UM, WHAT THEY ARE HOPING WILL BE A SUSTAINABLE FUNDING SOURCE TO ADDRESS THE NEEDS OF UNHOUSED COMMUNITY MEMBERS AND THOSE AT RISK OF BEING UNHOUSED WHO ARE STRUGGLING WITH SERIOUS MENTAL ILLNESS AND SUBSTANCE USE CONDITIONS. BEHAVIORAL HEALTH SERVICES AND SUPPORTS, OR BHSS CATEGORY WILL BE FUNDED AT 35% AND FULL SERVICE PARTNERSHIPS OR FSPS, THAT CATEGORY WILL BE FUNDED AT 35%. THERE ARE SOME SLIDES IN THE APPENDICES THAT PROVIDE A HIGH LEVEL OVERVIEW OF THE REQUIREMENTS OF EACH OF THESE FUNDING CATEGORIES. EXCUSE ME. MY THROAT'S GETTING DRY. [CHUCKLES] OKAY. BHSA ALSO REDUCES WHAT WE REFER TO AS OUR PRUDENT RESERVE CAP IT WILL GO FROM 33% TO 20% OF THE AVERAGE OF THE LAST FIVE YEARS OF THE BHSA OR THE MILLIONAIRES TAX. SO ANYTHING OVER 20% WE WILL NEED TO TRANSFER OUT OF THE PRUDENT RESERVE ACCOUNT AND ALLOCATE INTO OTHER PORTIONS OF OUR INTEGRATED PLAN. UH, WHAT IS THE PRUDENT RESERVE? IT'S REALLY A LOCAL ACCOUNT OR RESERVE THAT COUNTIES WERE REQUIRED TO MAINTAIN THIS TO USE IN CASES OF EMERGENCY, WHEREBY THE FUNDING'S AVAILABLE TO SUPPORT THE SYSTEM OF CARE THAT'S THREATENED DUE TO ANY TYPE OF UNEXPECTED ECONOMIC DOWNTURN. SO, FOR EXAMPLE, WHEN WE HAVE SITUATIONS LIKE THE LOCAL WILDFIRES THE PANDEMIC OR DURING A YEAR IN WHICH REVENUES FROM THE BEHAVIORAL HEALTH SERVICES FUND ARE BELOW RECENT, UH, AVERAGES THIS WILL ADJUST, UM, YOU KNOW, WHEN THERE'S ADJUSTMENTS IN THE STATE POPULATION. UM, AND IT'S BASED ON ALSO THE CALIFORNIA CONSUMER PRICE INDEX. SO THIS PRUDENT RESERVE DOES ALLOW US TO HAVE A WAY TO MAKE SURE THAT SERVICES ARE MAINTAINED WHEN ANY UNEXPECTED, UM, FINANCIAL IMPLICATIONS OCCUR. SO I JUST WANNA REITERATE THAT THERE'S A REDUCTION IN FUNDING FOR THE COUNTY, A REDIRECTION OR SHIFT IN WHAT THE COUNTY CAN USE BHSA FUNDS FOR INCLUDING NEW PRIORITIES AND ELIMINATING FUNDING WHILE THEY'RE ALSO EXPECTING COUNTIES TO USE THE MILLIONAIRES TAX TO FUND SUD SERVICES. SO QUITE A LIFT WITH A LOT LESS MONEY. [PAUSE] ALL RIGHT, LET'S TAKE A LOOK AT WHAT THAT ACTUALLY LOOKS LIKE. SO WHAT YOU'RE LOOKING AT HERE IS A VISUAL COMPARISON TO UNDERSTAND THE IMPACT OF PROPOSITION 1 AND THE PENDING CHANGES. I REALLY WANNA OUTLINE... THANK YOU. I WANNA OUTLINE WHAT IS CURRENTLY BEING FUNDED UNDER MHSA AND TAKE A LOOK AT VISUALLY HOW IS THAT ACTUALLY CHANGING? SO UNDER MHSA, THAT'S THE PIE CHART ON THE LEFT SIDE. CURRENTLY, THE COMPONENTS THAT FUND MHSA, WE HAVE 5% OF THE TOTAL FUNDS TODAY ARE ALLOCATED TO INNOVATIONS. THAT'S THE GRAY SLICE OF THE PIE AT THE TOP. COUNTIES ARE REQUIRED TO DO SEPARATE INNOVATION PLANS, WHICH REQUIRE APPROVAL FROM THE STATE BEFORE THEY CAN START THE PROJECT. 19% OF THE TOTAL MHSA FUNDS TODAY ARE ALLOCATED TO PREVENTION AND EARLY INTERVENTION, OR PEI. THOSE ARE THE TWO GREEN SLICES OF THE PIE. 51% OF THOSE FUNDS ARE REQUIRED TO BE SPENT ON INDIVIDUALS 25 YEARS AND YOUNGER, SO THAT'S THE DARKER GREEN. AND THEN 76% OF TOTAL MHSA FUNDS TODAY ARE ALLOCATED TO COMMUNITY SERVICES AND SUPPORTS, THOSE ARE THE BLUE PORTIONS OF THE PIE. 51% OF THE FUNDS MUST BE ALLOCATED TO FULL SERVICE PARTNERSHIPS WHICH ARE INTENSIVE CASE MANAGEMENT AND TREATMENT SERVICES OFTEN REFERRED TO AS HOSPITALS WITHOUT WALLS. IT'S REALLY THOSE VERY INTENSIVE SERVICES TO TRY TO DO WHATEVER IT TAKES TO MEET THE NEEDS AND MINIMIZE, UM, NEEDING HIGHER LEVELS OF CARE. THE REMAINING 49% OF CSS FUNDS ARE ALLOCATED TO GENERAL, UH, SYSTEMS AND DEVELOPMENT OR GSD, WHICH FUNDS REALLY THESE ARE OUR CORE SERVICES, SUCH AS CRISIS STABILIZATION UNITS, OUTPATIENT SERVICES, [01:40:02] AND THAT CAN BE BOTH COUNTY SERVICES AND OUR CONTRACTED PROVIDERS. TODAY UNDER MHSA, THOSE CSS GENERAL SYSTEMS DEVELOPMENT FUNDS ARE ALSO USED TO SUPPORT WORKFORCE EDUCATION AND TRAINING INITIATIVES AND CAPITAL FACILITIES AND TECHNOLOGIES NEEDS. SO WET OR THE WORKFORCE EDUCATION AND TRAINING INCLUDES TRAININGS FOR STAFF, INTERNS PROGRAMS, ET CETERA. AND THEN AN EXAMPLE OF LIKE A CAPITALS FACILITIES TYPE OF FUNDING WOULD BE BUILDING OR REHABILITATING A PROPERTY THAT'S USED TO DELIVER SERVICES OUT, BUT THEY CAN'T BE USED FOR HOUSING DEVELOPMENTS. THE ELECTRONIC HEALTH RECORD AND THE COST ASSOCIATED WITH THAT IS ANOTHER EXAMPLE OF A TECHNOLOGY NEED THAT THESE FUNDS COULD BE USED FOR. SO NOW IF WE LOOK AT THE RIGHT SIDE, THE PIE GRAPH ON THE RIGHT SIDE AND HOW THE FUNDING ALLOCATIONS ARE SHIFTING UNDER BHSA, WE'VE TRIED TO KEEP THE COLORS CONSISTENT SO YOU REALLY CAN HAVE A SENSE OF WHERE THE CHANGES ARE HAVING AND AT WHAT LEVEL OF IMPACT. SO UNDER BHSA, THE DEDICATED INNOVATION FUNDING, THAT GRAY SLICE OF THE PIE UNDER MHSA IS COMPLETELY ELIMINATED. THE GRAY PIECE ON THE MHSA CHART IS JUST, IT'S SIMPLY NOT CARRIED OVER. IT'S, IT'S GONE. COUNTIES ARE STILL EXPECTED TO DO INNOVATION PILOT PROJECTS AND PRACTICES, HOWEVER, UNDER ALL OF THE BHSA FUNDING CATEGORIES SO WE'LL HAVE TO BE CREATIVE ABOUT THAT. THERE'S NO LONGER A SEPARATE INNOVATION PLAN THAT'S REQUIRED BY THE STATE FOR APPROVAL. SO THAT SHOULD HELP IN SOME OF THE, UH, OVERSIGHT AND APPROACH TO TRYING TO BE INNOVATIVE IN EVERYTHING THAT WE'RE DOING. IT IS ALSO IMPORTANT TO NOTE THAT BHSA DID ESTABLISH A NEW INNOVATION PARTNERSHIP FUND ABOUT 20 MILLION ANNUALLY. AND THAT'LL BE ADMINISTERED BY THE STATE VIA THE BEHAVIORAL HEALTH COMMISSION THROUGH GRANTS. SO AGAIN, COMMUNITY PARTNERS WILL BE ABLE TO APPLY FOR THOSE FUNDS DIRECTLY WITH THE STATE. 30% OF BHSA FUNDS WILL BE ALLOCATED TO A NEWLY ESTABLISHED STANDALONE HOUSING INTERVENTIONS FUNDING CATEGORY. THAT'S THE PINK CATEGORIES THAT YOU SEE THERE. SO 50% OF THESE FUNDS ARE REQUIRED TO BE SPENT ON INDIVIDUALS WHO ARE IDENTIFIED TO BE CHRONICALLY HOMELESS WITH A FOCUS ON ENCAMPMENTS. AND I THINK IT'S IMPORTANT TO NOTE THAT THE DEFINITION THAT'S BEING USED OF CHRONICALLY HOMELESS WAS ESTABLISHED BY THE STATE WHO USED THE FEDERAL HUD DEFINITION WITH A FEW MODIFICATIONS TO ALLOW COUNTIES TO FUND HOUSING FOR INDIVIDUALS EXITING CORRECTIONAL AND INSTITUTIONAL FACILITIES AFTER PROLONGED PERIODS OF TIME. ALLOWABLE HOUSING INTERVENTIONS REALLY ARE FOCUSED PRIMARILY UH, ON ACTUALLY HOUSING PEOPLE. UM, COUNTIES ARE PROHIBITED FROM USING THESE FUNDS FOR CASE MANAGEMENT AND TREATMENT, BUT ALLOWABLE EXPENDITURES INCLUDE PAYING RENTAL SUBSIDIES FOR BEHAVIORAL HEALTH CONSUMERS. SO THAT WOULD BE BOTH FOR MENTAL HEALTH AND SUD. OPERATING SUBSIDIES FOR HOUSING SETTINGS LIKE UTILITIES OR JANITORIAL, FUNDING HOUSING FOR BEHAVIORAL HEALTH CONSUMERS IN STATE DEFINED ALLOWABLE SETTINGS, WHICH HAVE BEEN CATEGORIZED AS NON-TIME LIMITED SETTINGS, FOR EXAMPLE, SUCH AS PERMANENT SUPPORTIVE HOUSING, HELPING TO PAY FOR RENT OR HOUSE IN, IN THEIR APARTMENTS OR IN TIME-LIMITED SETTINGS, FOR EXAMPLE, PAYING FOR HOTEL STAYS OR SHORT TIME PEER RESPITE. OTHER HOUSING SUPPORTS COULD INCLUDE THINGS SUCH AS LANDLORD OUTREACH AND MITIGATION FUNDS, OR PARTICIPANT-ASSISTANT FUNDS TO NAME A FEW. 25% OF THE HOUSING INTERVENTION FUNDS MAY BE USED FOR CAPITAL DEVELOPMENT HOUSING PROJECTS, WHICH INCLUDE BUILDING OR REHABILITATING HOUSING UNITS. IT, IT IS IMPORTANT TO NOTE THE REQUIREMENT FOR 50% OF THE FUNDING BEING DIRECTED TO INDIVIDUALS IDENTIFIED AS CHRONICALLY HOMELESS STILL APPLIES. SO FOR EXAMPLE, IF WE WERE TO BUILD A 20-UNIT DEVELOPMENT, 10 OF THOSE UNITS WOULD HAVE TO BE ALLOCATED TO THE CHRONICALLY HOMELESS POPULATION. UH, THE CALIFORNIA DEPARTMENT OF HEALTHCARE SERVICES DOES HAVE TO APPROVE ALL CAPITAL DEVELOPMENT PROJECTS. THERE ARE OTHER IMPORTANT CONSIDERATIONS AS WE THINK ABOUT THIS HOUSING INTERVENTION FUNDING. UM, MEDI-CAL ELIGIBLE INDIVIDUALS UM, WE MUST UTILIZE THE MANAGED CARE PLAN OR OUR LOCAL MCPS COMMUNITY SUPPORTS HOUSING BENEFITS BEFORE LEVERAGING ANY BHSA HOUSING INTERVENTIONS. SO THIS MEANS THAT WE IN BEHAVIORAL HEALTH ARE GOING TO NEED TO WORK VERY CLOSELY WITH THE MANAGED CARE PLANS TO COORDINATE THE HOUSING SERVICES AND SUPPORTS. THE FUNDING CAN ALSO BE USED TO PAY FOR THE BOARD AND CARE AND BED DAY RATES FOR OUR LOCAL BOARD AND CARES, OUR ADULT RESIDENTIAL FACILITIES AND OTHER HIGH COST FACILITIES WHICH WILL FREE UP SOME OF OUR LOCAL REALIGNMENT DOLLARS. THIS IS A BIG DEAL FOR US. WE SPEND A SIGNIFICANT AMOUNT OF REALIGNMENT FUNDING ON THESE TYPES OF SERVICES FOR OUR, OUR CLIENTS. AND HAVING THE ABILITY TO UTILIZE THIS PORTION OF BHSA FUNDING [01:45:05] WILL ALLOW US TO LEVERAGE THE REALIGNMENT THAT WE WON'T HAVE TO SPEND ON THAT TO HELP COVER SOME OF THE GAPS THAT THIS SHIFT IN FUNDING ALLOCATION IS CREATING. SO AGAIN, NO NEW MONEY. UM, THERE ARE SEVERAL SLIDES IN THE APPENDICES THAT ALSO GO INTO MORE DETAIL OUTLINING THE REQUIREMENTS FOR HOUSING INTERVENTIONS, INCLUDING THE ALLOWABLE SETTINGS FOR YOUR REFERENCE. UH, AND THEN THERE'S 35% OF BHSA FUNDS THAT'LL BE ALLOCATED TO THE ESTABLISHED STANDALONE FULL SERVICE PARTNERSHIP FUNDING CATEGORY. SO YOU CAN SEE THAT'S THE LIGHTER BLUE CATEGORY. THERE WAS ALSO FSP FUNDING UNDER MHSA BUT THAT WAS ALLOCATED AT 39% OF THE CSS ALLOCATION. NOW, UNDER BHSA, THAT REDUCES DOWN TO 35%. IT DOES BECOME A STANDALONE CATEGORY, BUT YOU CAN SEE IT'S ALSO A REDUCTION THERE. [PAUSE] UM, LET'S SEE... UH, UNDER BHSA, THE TWO, UH, FSP LEVELS OF CARE THAT'LL BE ESTABLISHED, UM, WILL BE RELEVANT. COUNTIES WILL NOW BE REQUIRED TO PROVIDE INTENSIVE FSP SERVICES UTILIZING REQUIRED EVIDENCE-BASED PRACTICE MODELS. SO THERE'S GOING TO BE TRAINING AND IMPLEMENTATION THAT'S ASSOCIATED WITH PUTTING THOSE THINGS IN PLACE 'CAUSE THAT'S ALL BRAND NEW FOR COUNTIES AS WELL. UM, THERE'LL BE NEW REQUIREMENTS RELATED TO ASSERTIVE FIELD-BASED SUD TREATMENT STRATEGIES, INCLUDING EXPANDING OUR MEDICATIONS FOR ADDICTION TREATMENT, OUR MAT SERVICES. UM, AND THEN AGAIN, THERE ARE ALSO SEVERAL SLIDES IN THE APPENDICES THAT OUTLINE FSP LEVELS OF CARE FOR YOU, AND PROVIDE THE GENERAL REQUIREMENTS, INCLUDING THE EVIDENCE-BASED PRACTICES. UH, THEN 35% OF THE FUNDS WILL BE ALLOCATED TO THE NEWLY ESTABLISHED BEHAVIORAL HEALTH SERVICES AND SUPPORTS FUNDING CATEGORY. UM, SO WE WILL, UM, UTILIZE 51% OF BHSS FUNDS. THEY'RE REQUIRED TO SUPPORT EARLY INTERVENTION PROGRAMMING. AND THEN 51% OF EARLY INTERVENTION FUNDING IS REQUIRED TO BE SPENT ON INDIVIDUALS 25 YEARS AND YOUNGER. SO REALLY IF YOU LOOK AT THE GREEN PIECES OF THE PIE, YOU'LL SEE THAT THEY'RE SIMILAR FROM MHSA TO BSHA. UH, BUT I REALLY WANNA SHARE AND POINT OUT THAT THE DEDICATED LOCAL PREVENTION FUNDING THAT WAS PART OF THOSE GREEN SLICES OF THE PIE UNDER MHSA ARE NOW ELIMINATED. THEY'VE ESSENTIALLY BEEN UNBRAIDED FROM THE PREVENTION AND EARLY INTERVENTION CATEGORY, AND THE STATE WILL ADMINISTER THAT PORTION OF THE FUNDS. THERE ARE SIGNIFICANT REQUIREMENTS RELATED TO BHSS EARLY INTERVENTION PROGRAMMING THAT INCLUDE REQUIRED ACTIVITIES SUCH AS OUTREACH, ACCESS AND LINKAGE, MENTAL HEALTH AND SUD EARLY TREATMENT SERVICES. AND ADDITIONALLY, THERE ARE NINE EARLY INTERVENTION PRIORITIES THAT THE COUNTY MUST FUND. UM, THERE ARE ALSO SEVERAL SLIDES IN YOUR APPENDICES THAT GO INTO MORE DETAIL ON THIS EARLY INTERVENTION PRIORITY COMPONENT AS WELL. UM, THEN WE HAVE 49% OF THE BHSS FUNDS THAT ARE ALLOCATED TO THIS BHSS, OTHER, THAT DARKER BLUE BUCKET THERE. AND SO YOU CAN SEE THAT THIS IS WHERE THE BIGGEST SQUEEZE IS GOING TO BE FELT. AND THE MOST UNFORTUNATE REALITY OF THAT IS THAT THIS IS WHERE WE FUND A REALLY HUGE PORTION OF OUR ACTUAL SERVICES THAT WE'RE DELIVERING TO CLIENTS IN THE COMMUNITY. SO SOME OF THE THINGS THAT WE WILL BE ABLE TO DO UNDER THIS CATEGORY INCLUDE ADULT AND CHILDREN'S SYSTEM OF CARE PROGRAMS AND SERVICES, UM, STANDALONE OUTREACH AND ENGAGEMENT PROGRAMS. WE CAN DO WORKFORCE EDUCATION AND TRAINING HERE, CAPITAL FACILITIES AND TECHNOLOGY, AND INNOVATION PILOTS AND PRACTICES. I'M NOT QUITE SURE HOW WE'LL DO ALL OF THAT OUT OF SUCH A TINY SLICE, BUT THOSE ARE ALLOWABLE THINGS. [PAUSE] ALL RIGHT. SO WHAT YOU'RE GONNA SEE NEXT IS ANOTHER, JUST ANOTHER VISUAL REPRESENTATION. I REALLY WANTED TO HIGHLIGHT FOR YOU HOW THESE SHIFTS IN DOLLARS UNDER THE NEW ALLOCATION ARE REALLY IMPACTING OUR SYSTEM. SO TO REITERATE, THIS IS NOT NEW FUNDING. WHAT YOU'RE LOOKING AT ON THE, THE LEFT BAR GRAPH IS IF OUR ALLOCATION FOR THIS COMING FISCAL YEAR WAS DISTRIBUTED BASED ON THE CURRENT MENTAL HEALTH SERVICES ACT RULES, THIS IS HOW WE WOULD APPORTION OUR FUNDING. SO YOU WOULD SEE, WE WOULD HAVE THAT NICE DARK BLUE SLICE THAT WOULD BE AVAILABLE FOR OUR CLINICAL SERVICES. UM, THE TURQUOISE WOULD BE OUR FSP. WE'D HAVE OUR PREVENTION AND EARLY INTERVENTION EFFORTS, AND THEN OUR INNOVATION UP AT THE TOP. BUT WHAT'S GOING TO HAPPEN IS THAT OUR ACTUAL SERVICES AND SUPPORTS SHIFTING TO THAT BHSS CATEGORY IS SQUEEZED VERY TIGHT AT THE BOTTOM. WE STILL HAVE AN FSP ALLOCATION, BUT AGAIN, IT'S, IT'S LESS MONEY. UM, OUR PREVENTION IS COMPLETELY GONE, AND WE HAVE SOME RESTRICTIONS ON HOW WE UTILIZE EARLY INTERVENTION FUNDING. [01:50:03] AND THEN WE HAVE THESE NEW HOUSING ALLOCATIONS THAT ARE TAKING A GOOD PORTION OF THE FUNDING ALLOCATIONS. [PAUSE] SO THIS IS JUST AN ESTIMATED OVERVIEW OF THE ANTICIPATED BHSA BUDGET FOR FISCAL YEAR 26/27. UM, REAL IMPORTANT TO NOTE THAT THESE FIGURES ARE ESTIMATES AND THEY'RE ABSOLUTELY SUBJECT TO CHANGE. UM, YOU CAN SEE HERE THAT THE CATEGORIES ARE, AS WE'VE BEEN DISCUSSING, THE HOUSING INTERVENTIONS, THE CHRONICALLY HOMELESS SET ASIDE AT 50%, AND THEN THE OTHER HOUSING INTERVENTIONS, 50%. OUR BEHAVIORAL HEALTH SERVICES AND SUPPORT COMPONENT AT 35%, WHICH INCLUDES THE EARLY INTERVENTION OF WHICH 51% OF THOSE FUNDS HAVE TO BE FOR THOSE UNDER 25 YEARS OF AGE. UM, THE OTHER 49% FOR THAT BHSS OTHER CATEGORY, THAT'S THAT VERY SQUEEZED CATEGORY. OUR FULL, FULL SERVICE PARTNERSHIPS AT 35%, AND THEN OUR CURRENT PRUDENT RESERVE BALANCE THERE. [PAUSE] SO WE ARE ABLE TO TRANSFER FUNDING BETWEEN CATEGORIES UP TO A MAXIMUM OF 7% OUT OF ANY ONE CATEGORY OR UP TO A CUMULATIVE MAX OF 14%. THE STATE DOES HAVE TO APPROVE THOSE REQUESTS. UM, BUT IT IS ALSO IMPORTANT TO NOTE THAT AS YOU DO THAT, THEN YOU'RE, YOU KNOW, TAKING AWAY FROM THE ABILITY TO FUND OTHER OUT OF THOSE OTHER CATEGORIES. AND WE CAN USE UP TO 2% OF THE TOTAL ANNUAL MILLIONAIRES TAX REVENUE ON ADMINISTRATIVE COSTS, THINGS RELATED TO PLAN OPERATIONS, MONITORING CONTRACTS, QUALITY OUTCOME DATA REPORTING, ET CETERA. OUR COMMUNITY PLANNING PROCESS, UM, DOES ALSO HAVE AN ALLOCATION THAT WE'RE ABLE TO PULL OUT AND OFF THE TOP AND FUND THAT AS WELL IF WE CHOOSE TO DO SO. HOWEVER, YOU KNOW, THE, THE RUB IS THAT IF WE DO THAT, THEN WE'RE TAKING FUNDING AWAY FROM THE ABILITY TO PROVIDE, UM, SERVICES TO CLIENTS AT THAT LEVEL. SO REALLY THIS FUNDING'S NOT COMING FROM ANY DIFFERENT SOURCES. UM, IT WILL JUST REDUCE THE FUNDING THAT WE USE FOR THE CURRENT PROGRAMS AND SERVICES. [PAUSE] UM, SO I MENTIONED THAT PRIORITY POPULATIONS ARE A NEW PIECE OF THE BHSA LEGISLATION AND REQUIREMENTS. UM, WE'RE STILL EXPECTED TO FOCUS ON INDIVIDUALS WITH MORE SERIOUS MENTAL HEALTH AND SUBSTANCE USE CHALLENGES. BUT UNDER BHSS EARLY INTERVENTION, THE COUNTY CAN FOCUS ON INDIVIDUALS WHO ARE IDENTIFIED TO BE AT RISK OF DEVELOPING MORE SERIOUS BEHAVIORAL HEALTH CHALLENGES. AND SO THERE'S PRIORITY AREAS FOR INDIVIDUALS THAT ARE OF COURSE CHILDREN AND YOUTH WHO EXPERIENCE A VARIETY OF THINGS. MANY OF THESE ARE FOLKS THAT WE'RE ALREADY SERVING. AS YOU CAN SEE, CHILDREN IN THE CHILD WELFARE SYSTEM, THOSE WHO ARE AT RISK OF OR ALREADY INVOLVED IN THE JUVENILE JUSTICE SYSTEM, UM, THOSE AT RISK OF HOSPITALIZATION. AND THEN AS WELL AS THE PRIORITY POPULATIONS WITHIN OUR ELIGIBLE ADULTS AND OUR OLDER ADULTS. UM, AGAIN, THESE ARE THINGS THAT WE'RE ALREADY DOING. IT JUST STILL, IT REALLY PUTS IN PLACE THAT THEY THESE ARE PRIORITY POPULATIONS WE MUST USE THE FUNDING TO FOCUS ON. [PAUSE] SO THE STATEWIDE POPULATION BEHAVIORAL HEALTH GOALS, UM, UNDER BHSA, THERE'S REALLY A VERY STRONG EMPHASIS ON INCREASING TRANSPARENCY AND ACCOUNTABILITY. SO IN PART, THIS WILL BE DONE THROUGH STATEWIDE POPULATION BEHAVIORAL HEALTH GOALS. THE STATE IS REALLY FOCUSED ON TRANSFORMING THE MEDI-CAL DELIVERY SYSTEM, WHICH INCLUDES COUNTY BEHAVIORAL HEALTH DEPARTMENTS AND MANAGED CARE PLANS, WHICH HERE IN SANTA CRUZ COUNTY, THE CENTRAL, IS THE CENTRAL CALIFORNIA ALLIANCE FOR HEALTH AND KAISER PERMANENTE. UM, BHSA ADDS A REQUIREMENT FOR COUNTY BEHAVIORAL HEALTH AND ALL LOCAL MEDI-CAL MANAGED CARE PLANS AND THE LOCAL HEALTH JURISDICTIONS TO ENGAGE IN COMMUNITY WITH DEVELOPING THE COMMUNITY HEALTH ASSESSMENTS OR THE CHA, AND THE COMMUNITY HEALTH IMPROVEMENT PLAN, OR THE CHIP PLANS, WHICH YOU'VE PROBABLY HEARD ABOUT. SO REALLY REQUIRING THAT WE COME TOGETHER AS ENTITIES IN THIS COMMUNITY ENGAGEMENT AND PLANNING PROCESS. THERE REALLY IS A BENEFIT TO THIS COLLECTIVE APPROACH. YOU KNOW, IN THE PAST COUNTY BEHAVIORAL HEALTH HAS KIND OF BEEN ON AN ISLAND. PUBLIC HEALTH HAS BEEN ON AN ISLAND, YOU KNOW, OUR LOCAL HEALTH JURISDICTION TRYING TO SOLVE REALLY BIG COMMUNITY PROBLEMS. AND IN SOME JURISDICTIONS, LIKE HERE IN SANTA CRUZ, WE DO PARTNER WITH PUBLIC HEALTH. WELL UNDER BHSA, IT REQUIRES US TO DO SO. SO COUNTIES ACROSS THE STATE ARE NOW GONNA BE ABLE TO BENEFIT FROM THAT PARTNERSHIP ACROSS COUNTY DEPARTMENTS IN PUTTING THESE PLANS TOGETHER AND REALLY ADDRESSING REAL PROBLEMS AND WITH THE INTENTION OF HAVING SOME REAL IMPACT. SO WORKING TOGETHER IS A GOOD OUTCOME HERE. THE GOAL IS THAT THE SIX PRIORITIES THAT ARE IN BOLD FONT, COUNTIES ARE REQUIRED TO ADDRESS THOSE. SO THERE, WE, EVERY COUNTY MUST IMPROVE ACCESS TO CARE, [01:55:01] AND EVERY COUNTY MUST REDUCE UNTREATED BEHAVIORAL HEALTH CONDITIONS, INSTITUTIONALIZATIONS, HOMELESSNESS, JUSTICE INVOLVEMENT, AND REMOVAL FROM CHILDREN FROM THE HOME. AND THEN COUNTIES MUST IDENTIFY AT LEAST ONE ADDITIONAL GOAL IN WHICH WE ARE UNDERPERFORMING COMPARED TO THE STATE. AND SANTA CRUZ COUNTY, WE HAVE CHOSEN TO CONTINUE FOCUSING ON SUICIDE BY THE FOCUSING ON THE GOAL OF REDUCING THE SUICIDE DEATHS AS OUR SEVENTH IDENTIFIED GOAL UNDER BHSA. [PAUSE] I'M GONNA SHIFT TO TALKING ABOUT THE COMMUNITY PLANNING PROCESS NOW. UH, THE CPP PROCESS, THE COMMUNITY PROGRAM PLANNING PROCESS, THAT'S A LOT OF PS, UH, INVOLVES CONSUMERS, FAMILY MEMBERS, SYSTEMS PARTNERS, HEALTHCARE PROFESSIONALS, AND OTHER STAKEHOLDERS WITH THE GOAL OF REALLY CREATING A HEALTHIER AND MORE EQUITABLE ENVIRONMENT IN THE COMMUNITIES THAT THEY LIVE IN. SO AGAIN, COUNTIES MUST COLLABORATE WITH LOCAL HEALTH JURISDICTIONS, THE MANAGED CARE PLANS, UH, TO ENGAGE THE COMMUNITY AND CONDUCT COMMUNITY ASSESSMENTS. WE ALSO MUST COLLABORATE AND PLAN HOUSING INTERVENTIONS WITH A VARIETY OF PARTNERS, INCLUDING THE MANAGED CARE PLANS, THE CONTINUUMS OF CARE, WHICH IS THE AGENCY THAT COORDINATES THE HOMELESS SERVICES, AND DESIGNATED CITY REPRESENTATIVES FROM EACH OF THE FIVE LARGEST OR MOST POPULOUS CITIES IN OUR COUNTY. WE CAN USE UP TO 5% OF BHSA REVENUE TO SUPPORT THE COMMUNITY PROGRAM PLANNING PROCESS, BUT AS I MENTIONED BEFORE, DOING SO WILL THEN MEAN A REDUCTION IN THE FUNDING FOR PROGRAMS AND SERVICES. SO THE CPP ACTIVITIES THAT WE'VE COMPLETED TO DATE ARE, UH, HAVE BEEN QUITE EXTENSIVE. AND, YOU KNOW, THE TEAM REALLY I HAVE TO HIGHLIGHT AMY RHODES, WHO'S JOINED US TODAY AS OUR BHSA COORDINATOR HAS BEEN DOING INCREDIBLE WORK OUT IN THE COMMUNITY. UM, YOU KNOW, WE'VE REACHED 273 COMMUNITY MEMBERS THROUGH THE CPP, UM, ACTIVITIES. AND WHILE THAT MIGHT NOT SEEM LIKE A HUGE NUMBER IN THE GRAND SCHEME OF THE WHOLE COUNTY, THIS IS A BRAND NEW PROCESS FOR BEHAVIORAL HEALTH. AND THIS IS A LARGER NUMBER THAN THE BEHAVIORAL HEALTH DEPARTMENT HAS EVER ENGAGED BEFORE IN THE HISTORY OF SANTA CRUZ COUNTY BEHAVIORAL HEALTH. UM, SO THIS IS THE BEGINNING OF WHAT WE ANTICIPATE WILL CONTINUE TO BE A GROWING PROCESS OF COMMUNITY INVOLVEMENT. BUT WE'VE HELD A NUMBER OF COMMUNITY FORUMS ACROSS THE COUNTY IN THE, UM, REGIONAL JURISDICTIONS. WE'VE HELD EDUCATIONAL SESSIONS FOR BOTH THE COMMUNITY, OUR STAFF, AND ALSO SPECIFICALLY, UH, I WANTED TO MAKE SURE WE HELD ONE WITH OUR COMMUNITY PROVIDERS THAT WE'RE CURRENTLY CONTRACTING WITH. AND WE'VE DONE KEY INFORMANT INTERVIEWS, HAD INFORMATIONAL MEETINGS, AND HELD FOCUS GROUPS, AND THEN DONE A COMMUNITY SURVEY. UM, SO I WANNA SHOW YOU WHAT THAT KIND OF, THE OUTCOMES FROM ALL OF THAT LOOK LIKE. SO THESE ARE A BUNCH OF DEMOGRAPHICS THAT WERE COLLECTED THROUGH THAT PROCESS OF THOSE WHO PARTICIPATED IN THE CPP. UM, SO JUST A FEW KEY HIGHLIGHTS. YOU KNOW, 75% OF THE PARTICIPANTS WHO COMPLETED OUR SURVEY WERE ADULTS AGES 25 TO 59. 17% WERE OLDER ADULTS ABOVE 60 YEARS OF AGE, AND 5% WERE YOUTH AGES 16 TO 25. 67% OF THE SURVEY RESPONDENTS IDENTIFIED AS FEMALE, 23% AS MALE AND 4% AS NON-BINARY GENDER QUEER. 54% OF THE SURVEY RESPONDENTS WERE CAUCASIAN. UH, 26% HISPANIC LATINO, AND 5% IDENTIFIED AS MORE THAN ONE RACE. [PAUSE] I'LL LEAVE THAT THERE FOR A MOMENT. YOU TAKE THAT IN. [PAUSE] ALRIGHT. AND THEN I WANNA SHARE JUST WITH YOU SOME KIND OF HIGH LEVEL, HIGH LEVEL OVERVIEW OF THE FINDINGS FROM THIS PROCESS, WHICH IS BROKEN DOWN INTO SYSTEM STRENGTHS AND RESOURCES AND OUR SYSTEMS GAPS AND NEEDS. UM, AND AS WE'RE CONTINUING TO REVIEW THE DATA THAT'S COMING IN, UM, WE JUST HAVE TO BE MINDFUL THAT WHAT WE HAVE LISTED HERE MIGHT BE IMPACTED BY MORE INPUT THAT WE'RE RECEIVING. AND SO SOME OF THESE, UM, RANKED ITEMS COULD CHANGE BASED ON FURTHER INPUT. BUT OUR SYSTEM STRENGTHS AND RESOURCES WE REALLY RECEIVED INPUT FROM COMMUNITY MEMBERS THAT CONSISTENTLY SHARED THAT THEY BELIEVE THAT PROVIDERS AND IN PARTICULAR THE COUNTY STAFF WERE DEDICATED IN CARE. SO THAT'S THE WORKFORCE OF DEDICATED PROVIDERS. OUR MENTAL HEALTH SERVICES AND SUPPORTS. THE COMMUNITY FEEDBACK REALLY HIGHLIGHTED CRISIS AND FIELD-BASED SERVICES, PRIMARILY THE MOBILE CRISIS TEAM AND THEIR APPRECIATION FOR THAT. REGARDING OUR ACCESS TO CARE, COMMUNITY FEEDBACK HIGHLIGHTED IMPROVEMENTS IN ACCESS TO CARE. BUT YOU SHOULD NOTE THAT IT ALSO WAS IDENTIFIED AS A GAP. SO THERE'S CLEARLY SOME WORK TO DO THERE. [02:00:02] UM, REGARDING CARE COORDINATION, COMMUNITY FEEDBACK, HIGHLIGHTED COORDINATION OF CARE WHEN THEY'RE EXPERIENCING A CRISIS, AND HAVING THAT BE AN INCREDIBLY VALUABLE THING FOR THEM. AND THEN REGARDING COMMUNITY EDUCATION AND RESOURCE AWARENESS FEEDBACK HIGHLIGHTED THE COUNTY'S EFFORTS RELATED TO RAISING AWARENESS RELATED TO ACCESS TO CARE AND SERVICES. ON THE SYSTEMS GAPS AND NEEDS SIDE, THE THINGS THAT WERE HIGHLIGHTED WERE INSUFFICIENT HOUSING, UH, MENTAL HEALTH SERVICES AND SUPPORT SPECIFICALLY THE GENERAL NEED FOR MORE MENTAL HEALTH SERVICES WITH AN EMPHASIS ON NEEDING MORE HOUSING SUPPORTS, SERVICES FOR ADULTS AND OLDER ADULTS AND PEER SERVICES. REGARDING CARE COORDINATION, COMMUNITY FEEDBACK HIGHLIGHTED CHALLENGES WITH COORDINATION OF CARE WITH HOUSING PROVIDERS, INPATIENT AND OUR SUBACUTE FACILITIES, THE CARCERAL SETTINGS, CRISIS SERVICES, SCHOOLS, AND PRIMARY CARE. UM, THE COMMUNITY ALSO PROVIDED FEEDBACK THAT WE HAD INSUFFICIENT TREATMENT BEDS AND HIGHLIGHTED THE NEED FOR, UM, INCREASED BEDS UM, BOTH FOR MENTAL HEALTH AND SUD TREATMENT, AS WELL AS CO-OCCURRING MENTAL HEALTH AND SUD CARE. AND FINALLY, THE COMMUNITY EDUCATION AND RESOURCE AWARENESS. UM, THE COMMUNITY REALLY HIGHLIGHTED THE NEED FOR MORE EDUCATION ABOUT MENTAL HEALTH, STIGMA REDUCTION, AND AWARENESS OF THE OVERALL MENTAL HEALTH AND SUD SERVICES THAT ARE AVAILABLE. UNDER BHSA, THE STATE IS REQUIRING COUNTY BEHAVIORAL HEALTH DEPARTMENTS, COUNTY PUBLIC HEALTH AND MANAGED CARE PLANS, OR MCPS TO COLLABORATE MORE CLOSELY TO MEET THE NEEDS OF THE LOCAL COMMUNITY AS WE'VE, AS I SHARED. SO IT'S REQUIRING US TO REALLY ALL COME TOGETHER. AMY RHODES, OUR NEW BHSA COORDINATOR SHE HAS A BACKGROUND IN PUBLIC HEALTH IN ANOTHER CALIFORNIA COUNTY. SO WE ARE VERY LUCKY TO HAVE HER WITH US HERE IN BEHAVIORAL HEALTH TO BRING THAT EXPERTISE AND EXPERIENCE. AND SHE'S ALREADY BEEN WORKING CLOSELY WITH OUR PUBLIC HEALTH TEAM SHARING DATA AND PLANNING FOR FUTURE COLLABORATION ON COMMUNITY HEALTH ASSESSMENTS. UM, AS A DIVISION, BEHAVIORAL HEALTH HAS ALSO BEEN WORKING CLOSELY WITH THE MANAGED CARE PLANS, DEVELOPING POLICIES AND PLANNING RELATED TO HOUSING. AND THE MANAGED CARE PLANS ARE NOW GONNA BE REQUIRED TO ALSO PARTICIPATE IN THE CHA AND CHIP PROCESSES AS WELL. UM, ONE FINAL EXAMPLE OF THE PARTNERSHIP BETWEEN BEHAVIORAL HEALTH AND PUBLIC HEALTH IS RELATED TO THE USE OF OUR POPULATION BASED PREVENTION DOLLARS THAT PUBLIC HEALTH WILL RECEIVE FROM THE CALIFORNIA DEPARTMENT OF PUBLIC HEALTH FOR SUICIDE PREVENTION. SO WHILE PUBLIC HEALTH ACROSS THE STATE WILL BE IN THE LEAD FOR THIS TYPE OF WORK, AND HERE LOCALLY, UM, BEHAVIORAL HEALTH IS A REQUIRED SUICIDE PREVENTION COALITION PARTNER. SO WE WILL CONTINUE THAT PARTNERSHIP. UM, JUST A FEW HIGHLIGHTS ON THE TIMELINE. THE BEHAVIORAL HEALTH INTEGRATED PLAN IS BEING COMPLETED NOW AND IT'S DUE JUNE 30TH TO THE STATE. UH, THE NEXT CHA IS DUE IN DECEMBER OF 2028 AND THE NEXT CHIP IS DUE IN JUNE OF 2029, AND WILL INCLUDE BEHAVIORAL HEALTH OBJECTIVES ALIGNED WITH BHSA REQUIREMENTS. SO AS WE SEE THE YEARS UNFOLD, THESE MULTI, UM, DEPARTMENT AND AGENCY PROCESSES WILL START TO ALIGN IN TIMELINES. IT'LL BE A LITTLE OFF TRACK INITIALLY, BUT WE'LL GET THERE. UM, JUST A QUICK OVERVIEW OF THE NEW STATE DEFINED BEHAVIORAL HEALTH CONTINUUM OF CARE. UH, THE DEPARTMENT OF HEALTHCARE SERVICES CREATED THIS NEW BEHAVIORAL HEALTH CARE CONTINUUM UNDER BHSA, WHICH CONSISTS OF DISCREET MENTAL HEALTH CATEGORIES, DISCREET SUBSTANCE USE CATEGORIES, AND THEN HOUSING INTERVENTION SERVICES. UM, INDICATING THAT COUNTIES CAN NOW FUND HOUSING FOR INDIVIDUALS WHO HAVE A SUBSTANCE USE DISORDER. SO THE THREE YEAR INTEGRATED PLAN, INCLUDING OUR ANNUAL UPDATES THE TEMPLATES, AND THE ANNUAL ACCOUNTABILITY REPORT WILL BE STRUCTURED BASED ON THIS NEW CONTINUUM. WE HAVE ALREADY BEEN MAPPING IN BEHAVIORAL HEALTH OUT OUR CURRENT SYSTEM AND HOW IT ALIGNS WITH THIS NEW REQUIRED OF CARE CONTINUUM AND WE'RE DOING A CROSSWALK WITH OUR CURRENT MHSA FUNDED PROGRAMS AND SERVICES TO THE NEW BHSA FUNDING CATEGORIES. WE'RE REALLY MAKING EVERY EFFORT POSSIBLE TO PRESERVE AS MUCH OF THE PROGRAMS AND SERVICES THAT WE HAVE IN PLACE WHERE FEASIBLE. UM, WE DO HAVE TO ADHERE TO THE NEW LAWS AND THE NEW POLICIES PER PROPOSITION 1, AND WE'LL ONLY BE ABLE TO CONTINUE PROGRAMS THAT MEET THOSE, UM, DEDICATED AND ALLOWABLE FUNDING SOURCES UNDER BHSA. SO THERE IS GOING TO BE SOME HARD DECISIONS THAT HAVE TO BE MADE. AND SO JUST REALLY NEEDING TO PUT THAT ON EVERYBODY'S RADAR EVERY TIME THAT WE TALK ABOUT THIS. UM, JUST A HIGH LEVEL OVERVIEW OF OUR THREE YEAR BEHAVIORAL HEALTH INTEGRATED PLAN THAT IS REQUIRED OF US. UNDER MHSA TODAY COUNTIES ONLY DO A THREE YEAR PLAN [02:05:01] AND AN ANNUAL UPDATE FOR PROGRAMS AND SERVICES THAT ARE FUNDED UNDER THE MILLIONAIRES TAX. UNDER BHSA, THE COUNTY'S NOW REQUIRED TO DEVELOP A THREE YEAR BEHAVIORAL HEALTH INTEGRATED PLAN FOR ALL FUNDING SOURCES IN BEHAVIORAL HEALTH, NOT JUST BHSA. THE STATE HAS DEVELOPED A TEMPLATE AND ALL COUNTIES WILL BE USING THAT SAME TEMPLATE AND SUBMIT THAT, UM, TO THE STATE VIA AN ELECTRONIC PORTAL. THE NEWEST BEHAVIORAL HEALTH INTEGRATED PLAN TEMPLATE WAS RELEASED BY THE STATE ON OCTOBER 30TH, AND JUST THE BLANK TEMPLATE IS A HUNDRED PAGES LONG. NO DATA IN THERE YET. SO JUST WANNA PROVIDE SOME INSIGHT INTO HOW BIG OF A LIFT THIS IS. UM, YOU KNOW, HISTORICALLY THE MHSA PLANS AND ANNUAL UPDATES FOCUSED EXCLUSIVELY ON THE MHSA OR MILLIONAIRES TAX FUNDING. THOSE ANNUAL PLANS WERE BETWEEN TWO AND 300 PAGES AND COUNTIES WE'RE NOW EXPECTED TO REPORT ON ALL BEHAVIORAL HEALTH FUNDING SOURCES. SO THERE'S A SIGNIFICANT INCREASE IN THE DATA REQUIRED, INCLUDING THE AGGREGATED CONSUMER DATA DATA RELATED TO THE STATEWIDE BEHAVIORAL HEALTH GOALS, HOUSING DATA JUST TO NAME A FEW OF THE REQUIREMENTS, AS WELL AS EXPANDED INFORMATION RELATED TO THE OVERALL SYSTEM OF CARE AND PLAN MANAGEMENT. SO WHAT YOU SEE HERE IS JUST A HIGHLIGHT OF WHAT'S REQUIRED IN THE NEW INTEGRATED PLAN. YOU KNOW, I, WE COULD TALK EXTENSIVELY ABOUT EACH OF THESE. UH, I THINK, YOU KNOW, SOME OF THE HIGHLIGHTS I MIGHT SHARE WITH YOU IS JUST THE REQUIREMENT, UH, THE EXEMPTIONS AND FUNDING TRANSFERS REQUESTS. LIKE IF WE ARE LOOKING FOR EXEMPTIONS RELATED TO ALLOCATIONS TO ANY FUNDING CATEGORY, ONLY SMALL RURAL COUNTIES CAN REQUEST THOSE EXEMPTIONS FOR THE FIRST BEHAVIORAL HEALTH INTEGRATED PLAN. SO SANTA CRUZ, WERE NOT EVEN ELIGIBLE FOR THAT EXEMPTION. UM, WE DO HAVE TO GO TO THE STATE TO APPROVE ANY TRANSFER REQUESTS THAT ARE ASKED OF ANY COUNTY AS WELL. UM, ANOTHER ONE THAT MIGHT BE HELPFUL TO HIGHLIGHT IS THE COUNTY PROVIDER MONITORING AND OVERSIGHT. WE'RE GOING TO BE REQUIRED TO REPORT OUT ON MEDI-CAL QUALITY IMPROVEMENT PLANS FOR ALL OF OUR CONTRACTED BHSA PROVIDER LOCATIONS. UM, WE'LL HAVE TO LOOK AT HOW WE'RE, UH, REPORT ON HOW WE'RE MONITORING THEM. WE HAVE TO ENSURE ADHERENCE TO NEW LAWS AND POLICIES OUTLINED BY THE STATE AS WELL AS EFFORTS TOWARDS THEIR STATEWIDE GOALS. UH, SOME OF THAT REQUIRED MONITORING WILL ALSO INCLUDE HOW THEY'RE ACTUALLY CLAIMING AND BILLING FOR SERVICES. SO QUITE A LARGE LIFT IN EVERY SINGLE CATEGORY THERE'S JUST NEW REQUIREMENTS THAT ARE, ARE ONLINE FOR US. ALRIGHT, SO JUST, WE'RE ALMOST DONE HERE. I KNOW THIS IS A LOT OF INFORMATION. JUST WANTING TO SHARE WITH YOU A LITTLE BIT OF WHERE WE ARE IN THE TIMELINE. SO IF BEHAVIORAL HEALTH WAS, WAS A HUMAN, YOU COULD SEE WE ARE VERY FIT AND AGILE BECAUSE OF EVERYTHING THAT KEEPS COMING AT US OVER AND OVER AGAIN. SO WE WILL CONTINUE TO BE ADAPTABLE AND MAKE OUR WAY THROUGH THIS. UM, IN RESPECT TO THE CPP AND THE BEHAVIORAL HEALTH INTEGRATED PLAN, NOVEMBER AND DECEMBER, WE REALLY DID SPEND VERY FOCUSED AND INTENTIONAL TIME GATHERING COMMUNITY INPUT. IN JANUARY AND FEBRUARY, WHICH IS KIND OF WHERE WE'RE MOVING IN RIGHT NOW, WE'RE ANALYZING, COLLECTING THAT DATA. UM, BY MARCH 31ST, WE MUST, UM, SUBMIT OUR DRAFT INTEGRATED PLAN TO THE STATE. SO THIS IS THE FIRST TIME EVER THAT THEY'RE ASKING FOR A DRAFT PLAN SUBMISSION, AND THEY'LL BE REVIEWING THAT. UM, AND THEN IN APRIL AND MAY WE'LL HAVE OUR COMMUNITY INPUT OPEN PUBLIC COMMENT SESSION, UH, PERIOD OF TIME THAT WILL BE AVAILABLE. SO ONCE OUR DRAFT IS SUBMITTED, WE'LL MAKE SURE IT'S POSTED ON THE WEBSITE. THERE'LL BE OPPORTUNITY FOR THE PUBLIC TO PROVIDE COMMENT ON THAT. UM, OF COURSE WE WILL BE REVIEWING IT ALL INTERNALLY BOTH, UH, YOU KNOW, MYSELF WORKING ON THAT IN PARTNERSHIP WITH AMY, OUR HEALTH SERVICE DIRECTOR, REVIEWING THAT, UM, OUR CEO SIGNING OFF ON THAT, AND THEN BRINGING THAT FINALLY TO ALL OF YOU FOR FINAL APPROVAL, UM, AND THEN WE WILL SUBMIT THAT FINAL PLAN TO THE STATE BY JUNE 30TH. SO, LOTS GOING ON AND LOTS TO STILL HAPPEN. UM, JUST WANT TO NOTE AGAIN THAT THERE ARE SEVERAL INFORMATIONAL SLIDES INCLUDED IN THE APPENDICES FOR A LITTLE MORE IN-DEPTH INFORMATION ON ALL OF THESE AREAS, UH, AND YOU CAN ALSO VISIT OUR WEBSITE OR YOU CAN SEND AN EMAIL, UH, THE ADDRESS LISTED THERE. AND AMY DOES A REALLY GREAT JOB OF MONITORING THAT AND MAKING SURE THAT FOLKS GET THEIR QUESTIONS ANSWERED. ALL RIGHT, THAT'S WHAT I HAVE FOR YOU TODAY. - THANK YOU FOR THE PRESENTATION. I'LL NOW LOOK TO MY COLLEAGUES TO SEE IF THERE ARE ANY QUESTIONS FOR CLARIFICATION. [PAUSE] SUPERVISOR KOENIG. - YES, THANK YOU. THANK YOU FOR THE, UH, FOR A DETAILED REPORT. UM, IT'S, IT'S DEFINITELY, I MEAN, IT'S A LOT COMING AT US. I DON'T MEAN THAT AS FAR AS THE PRESENTATION SO MUCH AS ALL OF THESE NEW REQUIREMENTS FROM THE STATE [02:10:02] AND THAT A HUNDRED PAGE TEMPLATE REPORT SOUNDS PRETTY, PRETTY DAUNTING BEFORE WE EVEN STARTED FILLING THINGS IN. UM, SO, AND I'M, I'M LOOKING HERE IN THE APPENDICES ABOUT ALLOWABLE BHSA HOUSING SETTINGS AND USES OF THAT MONEY. I MEAN, IN SOME WAYS THIS IS, I MEAN, IT IS DAUNTING. IT'S EXCITING BECAUSE WE SEE LIKE AT THE SAME TIME THAT ONE OF THE, THE TOP, UM, IDENTIFIED COMMUNITY, YOU KNOW, FEEDBACK SYSTEM NEEDS IS HOUSING. AND YEAH, I DON'T THINK ANYONE WANTS TO SEE LESS SERVICES IN ORDER TO PROVIDE THOSE HOUSING, THAT HOUSING, WHICH IS WHAT WE'RE FACED WITH. UM, BUT AS FAR AS THE HOUSING GOES, IT SEEMS LIKE, I MEAN, ALLOWABLE USES INCLUDE BOTH PERMANENT HOUSING, TRANSITIONAL HOUSING, SHELTERS THAT ARE NOT COMPLETELY CONGREGATE, BUT SORT OF SOME, UH, SOME ROOM SHARING IS ALLOWED. CAN YOU JUST TALK ABOUT THAT A LITTLE BIT MORE? WHAT, WHAT WE CAN SPEND THE HOUSING DOLLARS ON? - YEAH, THERE'S QUITE A BIT OF DETAIL LISTED ON A COUPLE OF THE SLIDES THERE, AND WE DO HAVE THE ABILITY TO FUND A VARIETY OF NON-TIME LIMITED PERMANENT SETTINGS AS WELL AS TIME-LIMITED, MORE INTERIM SETTINGS. I THINK THE IMPORTANT THING FOR US TO UNDERSTAND, NOT JUST HERE LOCALLY, BUT ACROSS THE STATE, WHILE WE HAVE THE ABILITY TO FUND THIS VARIETY OF THINGS, SANTA CRUZ COUNTY IS ALREADY, AND BEHAVIORAL HEALTH AND PARTNERSHIP WITH HOUSING FOR HEALTH ARE ALREADY INVESTING SIGNIFICANT AMOUNTS OF DOLLARS IN HOUSING DEVELOPMENTS. WHAT WE HAVE TO REALLY DEAL WITH HERE WITH THIS LIMITATION AROUND BHSA SHRINKING THE DOLLARS THAT ARE AVAILABLE TO OUR SERVICES AND SUPPORTS IS LOOKING AT HOW WE'RE SPENDING MONEY ON SOME OF THESE CATEGORIES ALREADY SO THAT WE CAN THEN FREE UP THOSE REALIGNMENT DOLLARS TO TRY AND KEEP AS MANY SERVICES AND SUPPORTS IN PLACE THAT WE WON'T BE ABLE TO FUND UNDER BHSA ANYMORE. SO, SO THIS MAKES IT SEEM LIKE THERE'S A WONDERFUL NEW MONEY TO FUND ALL THESE THINGS. BUT THE FLIP SIDE IS IF WE CHOOSE TO DO THAT, WE ABSOLUTELY WILL CUT SIGNIFICANT NUMBER OF EXISTING PROGRAMS AND SERVICES. AND SO THIS IS THE DILEMMA THAT EVERY COUNTY'S FACED WITH. SO YES, WE CAN DO ALL THESE THINGS, BUT I CAN TELL YOU RIGHT NOW ALREADY THE AMOUNT OF ASSISTED LIVING AND BOARD AND CARES THAT WE'RE ALREADY FUNDING ARE QUITE EXTENSIVE AND THE HOUSING BUCKET ALLOCATION ISN'T EVEN ENOUGH TO COVER WHAT WE'RE DOING ALREADY. - OKAY, SO THAT WAS GONNA BE MY QUESTION. WHERE LIKE FROM REALIGNMENT OR OTHER SOURCES, HOW MUCH ARE WE SPENDING ON HOUSING TODAY? WHAT YOU'RE SAYING IS IT'S LESS THAN THE SEVEN... - NO, IT'S NOT LESS. - ...BILLION. OR, SORRY, MORE, MORE THAN THE SEVEN MILLION DOLLARS THAT WE ARE SPENDING. - IT'S MORE THAN THAT, SO... YEAH. - UM, AND I SEE OPERATING SUBSIDIES AS ONE OF THE THINGS LISTED ON HERE DOES THAT MEAN THAT WE COULD POTENTIALLY USE THE MONEY TO OPERATE, UH, FACILITIES LIKE LIVE OAK LANDING OR, UH, THE BEHAVIORAL HEALTH, THE BRIDGE HOUSING? - OPERATING FOR PLACE FOR COMPONENTS OF THE FACILITIES WHERE THE BEHAVIORAL HEALTH CLIENTS THAT ARE STRUGGLING WITH BEING UNHOUSED ARE BEING HOUSED. SO IT WOULDN'T BE THE FULL OPERATIONAL COST, BUT WE COULD FUND SOME OF THAT THEORETICALLY. - OKAY. UM, I KNOW THERE'S BEEN SORT OF SOME DISAGREEMENT AT THE STATE LEVEL ABOUT LIKE, UM, YOU KNOW, WHETHER WE CAN USE HOUSING DOLLARS TO SUPPORT SOBER LIVING ENVIRONMENTS, ARE THERE ANY RESTRICTIONS AROUND THAT OR, UH, WITH THESE HOUSING DOLLARS OR NOT? - WE CAN USE THE MONEY TO FUND ANY TYPE OF NON-TIME LIMITED, UM, HOUSING FOR INDIVIDUALS WHO ARE STRUGGLING WITH SUD OR MENTAL HEALTH. SO IT DOES OPEN THAT UP SO THAT WE CAN FUND THOSE TYPES OF FACILITIES. BUT, UM, I DON'T KNOW THAT WE HAVE BEEN DOING THAT LOCALLY YET. - SURE, YEAH. NO, WE HAVEN'T, BUT UM, WELL, I GUESS THAT'S GOOD NEWS. UM, DO WE HAVE ANY SENSE OF, I GUESS, I MEAN, THERE'S, THIS CREATES SOME REBALANCING THAT NEEDS TO HAPPEN THAT YOU'RE GONNA BE LOOKING AT AS FAR AS LIKE MOVING SOME OF THE REALIGNMENT DOLLARS MAYBE THAT WE HAVE BEEN USING FOR HOUSING OVER TO SUPPORT SERVICES INSTEAD. I MEAN, DO YOU HAVE ANY SENSE OF ULTIMATELY HOW THIS IS GONNA IMPACT OUR CORE SERVICES? YOU KNOW, IF THERE'S POSITIONS AT RISK? - UH, SO COUNTY POSITIONS WE'VE VERY MUCH PRIORITIZED. UH, THAT HAS BEEN SOMETHING THAT HAS BEEN A COUNTYWIDE PRIORITY AND DEFINITELY FOR US IN BEHAVIORAL HEALTH. SO NOT LOOKING TO, UM, GET RID OF ANY OF OUR CURRENTLY FILLED POSITIONS. OUR STAFF ARE VERY CRITICAL FOR OUR ENTIRE SYSTEM OF CARE. WHERE WE WILL ABSOLUTELY SEE AN IMPACT IS OUR ABILITY TO FUND THE FULL ARRAY OF CONTRACTED SERVICES THAT WE HAVE NOW. UM, AND MANY OF THOSE INCLUDE SOME OF THE PREVENTION WORK THAT WE'VE BEEN FUNDING THROUGH BEHAVIORAL HEALTH. I MEAN, THAT ALREADY IS JUST NOT ALLOWABLE NOW. UM, THERE IS A VERY TINY COMPONENT OF EARLY INTERVENTION THAT THERE IS SOME ALLOWABLE PREVENTION FUNDING, IT'S VERY RESTRICTED AND IT'S, IT'S A MAY FUND. [02:15:01] YOU KNOW, AND SO AGAIN, WITH HAVING LESS DOLLARS, WE'RE HAVING TO MAKE THOSE DIFFICULT CHOICES ABOUT ENSURING THAT THE MOST CRITICAL PROGRAMS AND SERVICES STAY OPEN AND AVAILABLE. - OKAY. THANK YOU. - YEAH. - SUPERVISOR DE SERPA. - THANK YOU DR. SANDOVAL FOR THIS UM, PRESENTATION. COUPLE OF QUICK QUESTIONS. UM, IN TERMS OF, I, I HEARD YOU SAY THAT SOME OF THE MONIES, UH, IS GOING TO BE SET ASIDE AND I THINK THE DEPARTMENT OF PUBLIC HEALTH OR DEPARTMENT OF HEALTHCARE SERVICES WILL BE ADMINISTERING THOSE IN THE WAY OF GRANTS. - YES. - I'M JUST WONDERING, UM, I'M GUESSING YOU'VE ALREADY THOUGHT THROUGH ALL OF THIS BECAUSE, UH, OR SOME OF IT AT LEAST UM, TO TRY TO PREPARE OUR COMMUNITY-BASED PARTNERS FOR GOING AFTER AS MUCH OF THAT MONEY AS POSSIBLE TO FILL THESE GAPS. CAN YOU TALK A LITTLE BIT ABOUT THAT? - YEAH, ABSOLUTELY. THANK YOU FOR THAT QUESTION SUPERVISOR DE SERPA. THIS IS A COMPONENT THAT IS INCREDIBLY CRITICAL AND IMPORTANT FOR ME. YOU KNOW, SO THESE CHANGES THAT ARE BEING REQUIRED ARE BEING REQUIRED UNDER THE WILL OF THE VOTERS OF CALIFORNIA PASSING THIS PROPOSITION. SO THIS REMOVAL OF PREVENTION AND THESE CRITICAL PARTNERS IN OUR COMMUNITY THAT WE HAVE BEEN FUNDING, THAT ARE SUPPORTING NECESSARY PREVENTION SERVICES, UH, ARE NO LONGER ALLOWABLE UNDER BHSA. IT'S JUST IMPORTANT THAT EVERYONE UNDERSTAND THAT THIS IS NOT A BEHAVIORAL HEALTH DECISION TO NOT DO THIS. THESE ARE STILL ABSOLUTELY NECESSARY AND CRITICAL SERVICES. AND SO VERY EARLY IN THE PROCESS, WE BROUGHT ALL OF OUR CONTRACTED PROVIDERS IN FOR AN INFORMATIONAL SESSION. WE HAD AN IN PERSON UP AT OUR [INAUDIBLE] CAMP, THE ROOM, THE HUGE ROOM WAS FILLED. WE HAD EVERYONE THERE THAT WAS ABLE TO COME JOIN US AND WE PROVIDED CRITICAL INFORMATION TO THEM ABOUT THESE CHANGES THAT WERE COMING AND THE NEED FOR US TO PARTNER TOGETHER TO FIGURE OUT HOW WE MAKE SURE AT A COMMUNITY LEVEL, THESE CRITICAL PREVENTION SERVICES ARE STILL AVAILABLE. AND SO THE NEXT PHASE OF THAT INTENTIONAL OUTREACH WITH OUR PROVIDERS IS TO BRING THEM BACK IN AND GIVE THEM MORE INFORMATION AS WE'RE LEARNING FROM THE CALIFORNIA DEPARTMENT OF PUBLIC HEALTH WHAT EXACTLY ARE THESE FUNDS GOING TO BE ORGANIZED, HOW THEY'RE GONNA BE ORGANIZED, HOW THEY CAN LEVERAGE THEM. THE STATE STILL HAS MUCH INFORMATION TO RELEASE, SO WE'RE LEARNING AS WE GO, BUT WE WANNA PROVIDE AS MUCH INFORMATION AND TECHNICAL ASSISTANCE TO OUR COMMUNITY PROVIDERS IN THIS PREVENTION SPACE THAT WE ARE NOT GONNA BE ABLE TO FUND ANYMORE TO HELP THEM LEVERAGE THE STATE FUNDING SO THAT WE DON'T SEE, UH, WHAT I THINK WOULD BE A TRAGIC REDUCTION IN REALLY CRITICAL PREVENTION SERVICES. - THANK YOU. CAN YOU GIVE US JUST AN EXAMPLE OF WHAT TYPE OF PREVENTION SERVICES YOU MIGHT BE TALKING ABOUT JUST TO GET A REAL SENSE. - YEAH, SO ANY KIND OF ORGANIZATION THAT MIGHT BE FOCUSED ON GENERAL OUTREACH TO COMMUNITY MEMBERS TO PROVIDE THEM INFORMATION ABOUT MENTAL HEALTH OR SUBSTANCE USE UM, TO PROVIDE, YOU KNOW, EDUCATION AROUND NOTICING THE SIGNS LIKE FOR EXAMPLE, THE, UM, UM, MENTAL HEALTH, UM, GOSH, WHY IS IT SLIPPING FROM MY MIND RIGHT NOW? MENTAL HEALTH FIRST AID IS A PERFECT EXAMPLE OF PREVENTION IN ITS TRUE FORM. THOSE KINDS OF SERVICES HAVE BEEN VERY TYPICALLY, UM, FISCALLY SUPPORTED BY COUNTY BEHAVIORAL HEALTH PLANS ACROSS THE STATE. THAT'S A, A VERY CLEAR CUT PREVENTION SERVICES AND IS NOT SOMETHING THAT IS ALLOWABLE UNDER THE WAY THAT BHSA IS NOW STRUCTURED. - UH, ONE OF THE THINGS THAT I NOTICED, UM, IN ONE OF THE, UM, THE PIE CHARTS, I THINK WAS, UM, THAT YOU MUST USE UM, SOME OF THE MONEY FOR EARLY INTERVENTION UNDER 25S. AND I GUESS WHAT I WORRY ABOUT ARE THE KIDS THAT FALL OFF THEIR PARENTS' INSURANCE, THEIR COMMERCIAL INSURANCE AT 26. [PAUSE] SO I DON'T KNOW IF WE HAVE ANY TRANSITION PLANNING, BUT LIKE THOSE ARE KIDS THAT TYPICALLY SHOULD PROBABLY BE CONNECTED EARLIER, BUT CAN'T BE BECAUSE OF THEIR INSURANCE STATUS. SO THAT'S JUST SOMETHING I WORRY ABOUT. AND THEN THE OTHER THING I, I HAVE A QUESTION ABOUT, UM, IS THE COMPONENT ABOUT USING SORT OF THE CALAIM DOLLARS THROUGH OUR MANAGED MEDI-CAL, UM, PRIOR TO ACCESSING SERVICES OR ACCESSING FUNDING FOR HOUSING? - YEAH, THERE'S TRAN-, THERE'S A, A WHOLE ARRAY OF FUNDING THAT MANAGED CARE PLANS ARE NOW REQUIRED TO UTILIZE TO SUPPORT HUNTING. LIKE THE, YOU MAY HAVE HEARD OF THE TRANSITIONAL RENT PROGRAMMING, THAT'S FUNDED THROUGH THE MANAGED CARE PLAN. SO ALL, THINK ABOUT OUR SPECIALTY MENTAL HEALTH AND BEHAVIORAL HEALTH DOLLARS AS THE, YOU KNOW, DOLLARS OF LAST RESORT, ESSENTIALLY. ALL THE OTHER TYPES OF FUNDING SOURCES DO NEED TO BE LEVERAGED FIRST, AND THEN WE CAN KICK IN. - AND DO THE MANAGED CARE PLANS ARE THEY GETTING HIGHER ALLOCATIONS FOR THOSE TYPES OF THINGS, OR THEY'RE JUST HAVING TO WORK WITHIN THEIR BUDGETS? - YEAH, THAT'S A GOOD QUESTION. I'M NOT QUITE SURE ABOUT THE DETAILS OF THAT. UM, BUT WE ARE WORKING DIRECTLY WITH THEM. THEY DO NOW HAVE SPECIFIC HOUSING ALLOCATIONS. THEY DID... [02:20:01] YEAH, THEY, THAT'S A GOOD QUESTION. - YEAH. OKAY, THANK YOU. - I CAN, UM, ANSWER THAT, UH, SUPERVISOR DE SERPA. - THANK YOU, CONNIE. - SO, UH, AS YOU KNOW, THE MANAGED CARE PLANS, THE REASON WHY THEY'RE SO IMPORTANT IN BHSA PLANNING IS BECAUSE THEY OVERSEE THE ENHANCED CARE MANAGEMENT AND ALSO THE COMMUNITY SUPPORTS. NUMBER 15, THERE'S 14 COMMUNITY SUPPORTS, TRANSITIONAL RENT IS NUMBER 15. SO THEY DO GET, THEY MANAGE ALL THAT AND THEY'RE SUPPOSED TO WORK WITH US IN BEHAVIORAL HEALTH. AND THAT INITIALLY IT HAS TO BE LIKE SIX MONTHS AFTER THAT FOR THE FOLKS TO ACCESS, UH, THAT, THAT SERVICE. BUT IT DOES COME THROUGH THE MANAGED CARE PLAN, TRANSITIONAL RENT. [PAUSE] UM, CAN I MAKE, I JUST WANTED TO MAKE A COUPLE OF COMMENTS. FIRST OF ALL, I'M SO THANKFUL TO OUR TEAM, UH, IN, UH, I THINK THERE'S TWO OR THREE OF YOU DOING ALL THIS 'CAUSE SHE'S AMAZING. I THINK ONE OF THE, IT'S NOT A VERY POPULAR COMMENT TO MAKE BUT I THINK WHAT THIS IS, WHAT BHSA HAS DONE IS TO REALLY HELP US LOOK INTERNALLY, AS DR. SANDOVAL HAS SAID, AND REALLY ANALYZE EVERYTHING THAT WE'RE DOING. AND ARE WE THE ONES THAT SHOULD BE DOING IT ALL? AS SHE WAS SAYING, UH, ARE, WE ARE CHARGED BETWEEN THE, UH, SEVERE AND PERSISTENT MENTALLY ILL. SO DO WE, DO WE NEED TO KINDA SHARE, THAT'S WHY THE MANAGED CARE PLANS AND BEHAVIORAL HEALTH, PUBLIC HEALTH, WE'RE BLESSED THAT WE HAVE BEHAVIORAL UH, PUBLIC HEALTH UNDER HSA. SO WE ARE WORKING VERY CLOSELY, IS LOOKING AT ANALYZING THE DIFFERENT FUNDING SOURCES WE HAVE, HOW DO WE LEVERAGE IT, HOW DO WE MAXIMIZE IT? SO EVEN THOUGH THE INTEGRATED PLAN IS A LOT OF WORK, IT'S REALLY GIVING US A SENSE TO REALLY LOOK AT OUR ROLE AND HOW DO WE SHARE THIS RESPONSIBILITY OF TREATING THE SEVERE PERSISTENT MENTALLY ILL OR MILD TO MODERATE, AND EVERYBODY ELSE. HOUSING IS REALLY POPULAR. YOU KNOW, HOUSING OUR HOMELESS IS VERY POPULAR. UH, THEY WANT US TO FUND EVERYTHING AND THERE'S OTHER FUNDING SOURCES LIKE NO PLACE LIKE HOME AND OTHERS THAT ARE AVAILABLE. SO IT'S MAKING US LOOK AT OUR CONTINUUM OF HOUSING AS I CALL IT, AND WHO FUNDS WHAT. BUT I THINK IT'S, IT'S AS, IT'S EXCITING. IT IS A LOT OF WORK, BUT IT IS REALLY HOLDING US ACCOUNTABLE AND TRANSPARENT TO THE PUBLIC ON HOW WE FUND ALL THESE SERVICES. SO I'M VERY THANKFUL FOR, UH, THE OPPORTUNITY TO WORK WITH OUR COUNTY IN THIS PLAN. - YEAH. - THANK YOU. JUST ONE FOLLOW UP QUESTION TO THAT. SO, I MEAN, WE'RE KIND OF GETTING THE HEADS UP NOW OF EVERY, ALL THE WORK THAT'S INVOLVED. UM, AND WE'RE, YOU'RE GONNA COME BACK IN JUNE WITH A PLAN FOR US TO APPROVE, AND THEN WE'RE GONNA, YOU KNOW, LET IT ROLL IN JULY AND FOR THE NEXT FEW YEARS, WHAT KEY DECISIONS OR POLICY TRADE OFFS WILL THIS BOARD BE ASKED TO WEIGH IN ON BEFORE APPROVING THE FINAL, UH, BEHAVIORAL HEALTH INTEGRATED PLAN? AND IS, ARE THERE OPPORTUNITIES FOR US TO GET ENGAGED BETWEEN NOW AND JUNE? - A LOT OF THAT'S GONNA HAVE TO DO WITH SOME OF THE HARD DECISIONS THAT WE HAVE TO MAKE, YOU KNOW, CONTRACTS THAT MAY NOT BE CONTINUED IN THE COMING YEAR. CERTAINLY WE HAVE, UH, TO BRING THOSE BEFORE YOU. THE WAY THAT WE'RE PUTTING OUR BUDGET TOGETHER WILL BE IMPACTED BY THAT. SO WE WILL NEED SUPPORT FROM THE BOARD AND UNDERSTANDING HOW WE VERY CAREFULLY THOUGHT THROUGH SOME OF THOSE DECISIONS AND HOW THE, THE, THE FOUNDATION OF THOSE DECISIONS IS BASED ON THESE REQUIREMENTS UNDER THIS NEW LEGISLATION AND THE WAY THAT THE FUNDING'S ALLOCATED. UM, SO I THINK THAT'S GONNA BE A DIFFICULT THING, POTENTIALLY. - AND I THINK WE ALSO WANNA DO WITH OUR CEO, UH, NICOLE, VERY IMPORTANT AS WELL IN THIS PROCESS. WE WANNA DO SOME ROUND, ROUNDS FOR YOU BECAUSE IT IS A LOT. AND AS YOU SAW THE PRIORITIES, UH, THAT WERE LISTED, UH, WE ARE STILL GATHERING, INFORMATION IS COMING IN, UH, AND IT IS ALLOWABLE AT THE STATE. THEY, THEY WANT US TO GO TO THE END TO SOLICIT INPUT. SO WE DO PLAN TO PROVIDE YOU INFORMATION WAY AHEAD, THE JUNE. - THANK YOU. - SUPERVISOR CUMMINGS. - YEAH, THANKS FOR THE PRESENTATION AND FOR PROVIDING THE INFORMATION, UH, TO US SO THAT WE CAN GET A BETTER SENSE OF WHERE WE'RE HEADED WITH THESE TYPES OF SERVICES. I DID WANNA KIND OF PIGGYBACK ON ONE OF THE THINGS THAT WAS JUST MENTIONED AROUND, YOU KNOW, SUPPORT FOR HOMELESS SERVICES. WE HAVE A NUMBER OF NAVIGATION CENTERS. OBVIOUSLY, THEY'RE COMING ONLINE THROUGHOUT THE COUNTY AND SOME IN PARTNERSHIP WITH THE CITY OF SANTA CRUZ. AND I KNOW IN ADDITIONALLY, THE COUNTY ENTERED INTO AN AGREEMENT WITH HOUSING MATTERS WHEN THEIR PERMANENT SUPPORTIVE HOUSING COMES ONLINE TO PROVIDE SERVICES. SO THIS, WOULD FUNDING FROM KIND OF THIS REORIENTATION PROGRAMS WOULD THAT, COULD THAT BE USED TO PROVIDE THE SERVICES AT THESE NAVIGATION CENTERS? OR HOW ARE WE EXPECTING TO... IS THERE ANY WAY FOR THIS FUNDING, I GUESS, TO GO TO SUPPORT THOSE SERVICES, IS WHAT I'M TRYING TO GET AT? - SO IT WOULD BE ALLOWABLE TO UTILIZE SOME OF THE FUNDING TO SUPPORT, FOR EXAMPLE, THE, UH, BEHAVIORAL HEALTH STAFF THAT MIGHT NEED TO BE THERE, OR A CONTRACTED PROVIDER THAT WOULD BE THERE TO HELP PROVIDE THAT NAVIGATION SUPPORT FOR THOSE CLIENTS WHO DO HAVE, UM, MENTAL HEALTH AND SUBSTANCE USE ISSUES AND, AND NEED THAT SUPPORT. UH, SO IT IS AN ALLOWABLE USE. UH, AGAIN, THERE'S THAT, UH, WE GOTTA DO THE MATH TO FIGURE OUT [02:25:02] YOU KNOW, WHERE ARE THE DOLLARS GONNA GO AND WHAT ARE WE GONNA SUPPORT? UM, AND IT HAS TO PENCIL OUT AT THE END. - YEAH, AND I GUESS THE LAST THING I'LL SAY, UM, MIGHT BE WORTH AS WE'RE UNDERSTANDING WHAT THOSE TRADE OFFS ARE GONNA BE ALSO, YOU KNOW, SENDING LETTERS TO OUR STATE REPRESENTATIVES SO THAT THEY CAN GET A BETTER SENSE OF, YOU KNOW, WHAT PROGRAMS ARE GONNA BE LOST, YOU KNOW, IN, IN THE TRADE OFFS THAT COMES WITH US MOVING THIS DIRECTION. AND, YOU KNOW, IT WAS SOMETHING THAT WAS SUPPORTED BY THE VOTERS. SO, YOU KNOW, WE'RE OBVIOUSLY HAVING TO, YOU KNOW, IMPLEMENT WHAT THE VOTERS HAVE, HAVE ELECTED US TO DO. THAT BEING SAID, I THINK IT IS VERY IMPORTANT THAT, THE FOLKS UNDERSTAND THE UNINTENDED CONSEQUENCES OF THOSE VOTES AND THE STATE UNDERSTANDS THE GAPS THAT WE'RE GONNA BE FACED WITH AS FAR AS IT PERTAINS TO SERVICES SO THAT IF THERE'S DISCUSSIONS ABOUT FUNDING FUTURE SERVICES, THAT THEY UNDERSTAND KIND OF WHAT GAPS WE NOW HAVE IN OUR SYSTEM. - YEAH. THAT WOULD BE APPRECIATED. THANK YOU. UM, YOU KNOW, AS BOTH CONNIE AND I HAVE MENTIONED, THERE'S, YOU KNOW, A GREAT TEAM BEHIND, BEHIND US SUPPORTING ALL OF THIS, AND I DID GET A, A LITTLE BIT OF, UH, INFORMATION THAT THE MANAGED CARE PLANS DID IN FACT GET MORE FUNDING SPECIFICALLY FOR COMMUNITY SUPPORTS IN THE GOVERNOR'S BUDGET UH, FOR 25/26, UH, THAT INCLUDED $231 MILLION. SO THEY ARE GETTING ADDITIONAL FUNDING FOR THAT. YEAH. - SUPERVISOR HERNANDEZ. - I HAVE A COMMENT AND A QUESTION. YOU KNOW, GIVEN THE, THE CUTS WE'LL BE FACING WITH, UH, MHSA, WE SHOULD REALLY CAPITALIZE ON THE HOUSING UH, PORTION OF IT, UH, THAT BHSA OFFERS. UH, WHEN DOES THAT FUNDING CYCLE OPEN UP ALREADY? HAS IT OPENED UP ALREADY? THE ONE FOR HOUSING CHRONICALLY HOMELESS OR OTHER HOUSING, WHEN WILL THAT OPEN UP? - SO IT'S NOT GRANT DOLLARS, SO IT'S NOT ON A FUNDING CYCLE LIKE YOU MIGHT REFER TO OR THINK ABOUT AS A, AS A GRANT. IT'S OUR, IT WILL BE OUR FISCAL YEAR ALLOCATION OF THAT TAX PORTION THAT IS DEDICATED TO BEHAVIORAL HEALTH PLANS AND NOW WILL BE REQUIRED TO UTILIZE A PORTION OF THAT SPECIFICALLY FOR ALLOWABLE HOUSING INTERVENTIONS. AND SO THAT WILL GO INTO EFFECT WITH THE START OF THE COMING FISCAL YEAR. - SO WITH THAT, I KNOW THE CITY OF WATSONVILLE HAS WORKED ON A HOMELESSNESS PLAN. HOPEFULLY, WE CAN TAKE THAT INTO EFFECT AS WELL TO LOOK AT THAT. - YEAH, THANK YOU. - THANK YOU, UM, DR. SANDOVAL, FOR THE PRESENTATION. I HAVE JUST A COUPLE QUESTIONS, UM, AND THEN I'LL TAKE IT TO PUBLIC COMMENT. [PAUSE] MY FIRST QUESTION IS RELATED TO PEER-BASED SERVICES. UM, OVER THE YEARS THERE'S BEEN A LOT OF SUPPORT FOR PEER SERVICES IN OUR COMMUNITY AS VERY ORGANIZED GROUP OF PEERS, AND I'M WONDERING WHERE YOU SEE THAT FALLING. UM, YOU KNOW, WAS IT PREVIOUSLY FUNDED IN THE INNOVATION OR THE PREVENTION EARLY INTERVENTION AND WHERE MIGHT IT FALL IN THE NEW PIE CHART? - YEAH, THAT'S A GREAT QUESTION. UH, SO IT COULD HAVE FALLEN IN EITHER OF THOSE CATEGORIES THAT YOU MENTIONED. UNDER THE NEW STRUCTURE, WITH A LITTLE BIT OF ADJUSTMENT TO ABOUT HOW WE THINK ABOUT PEER SERVICES, IT, THEY REALLY COULD FALL WITHIN EARLY INTERVENTION. IF WE'RE HAVING, YOU KNOW, OUR PEERS DO THINGS NOT JUST LIKE PROVIDE INFORMATION AND EDUCATION, BUT PERHAPS ENGAGE IN SCREENING AND HELPING, CONNECTING INDIVIDUALS INTO NECESSARY SERVICES. UM, REALLY PROVIDING THAT COORDINATION AND COLLATERAL SUPPORT FOR THE INDIVIDUALS AND THE FAMILY MEMBERS TO MAKE SURE THAT THEY'RE ALWAYS GETTING TO THEIR APPOINTMENTS. SO REALLY ENGAGING IN A, IN A WAY THAT TAKES IT JUST BEYOND PREVENTION, BUT TRULY HELPING THEM ENGAGE IN THE INTERVENTIONS THAT WILL SUPPORT THEM. SO THERE IS REALLY A SPACE FOR THAT WITHIN OUR EARLY INTERVENTION, UM, ALLOCATION. - OKAY, THAT'S HELPFUL. THANK YOU. - YEAH. - UM, AS IT RELATES TO THE NEW SLICE OF THE PIE FOR HOUSING SUPPORT, UM, I UNDERSTAND THAT YOU'LL DO AS MUCH AS YOU CAN TO TRY TO REDIRECT FUNDS FROM, YOU KNOW, PREVIOUS PIE INTO THAT AREA. UM, BUT IT SEEMS LIKE THERE MAY BE AN OPPORTUNITY TO ENGAGE OR HOUSING FOR HEALTH. PART OF THE COUNTY, WHICH SITS UNDER HSD IT'S A TOTALLY DIFFERENT DEPARTMENT. SO HOW ARE YOU THINKING ABOUT THIS? THIS MAY BE FOR YOU OR FOR CEO COBURN, LIKE HOW ARE WE THINKING ABOUT INTEGRATING OUR SORT OF HOUSING DEPARTMENT INTO ANY OF THE BHSA ROLLOUT? - YEAH, I MEAN, TODAY THERE'S BEEN COORDINATION AMONG THE HOUSING DIVISION AND PLANNING WITH, AND HOUSING FOR HEALTH AND BEHAVIORAL HEALTH. OBVIOUSLY, WE RECOGNIZE, YOU KNOW TRYING TO STRENGTHEN THAT INTEGRATION. THERE'S PROBABLY WORK TO BE DONE THERE AND I'VE BEEN WORKING WITH MR. DETLEFS ON THINKING THROUGH THAT. [02:30:04] BUT, UM, STAFF ARE VERY ENGAGED IN TRYING TO COME TOGETHER ON PROJECTS AND THINK THROUGH HOW THEY CAN BEST LEVERAGE MONIES. - THANK YOU. UM, AND THEN FINALLY, YOU KNOW, MY BIGGEST AREA OF CONCERN WILL BE THE IMPACT TO OUR LOCAL CBOS WHO OPERATE CRITICAL SERVICES, UM, AND HOW THEY MIGHT KIND OF FALL OUT THE BOTTOM OF THESE CHANGES, UNFORTUNATELY. UM, SO CAN YOU JUST SPEAK A LITTLE BIT MORE ABOUT HOW YOU'RE ENGAGING WITH OUR CBO PARTNERS NOW AND OVER THE COURSE OF THE TIMELINE? UM, BECAUSE IT'S A VERY, VERY, UH, DELICATE NETWORK THAT, YOU KNOW, CHANGES COULD REALLY END UP LEADING TO A PRETTY LARGE SCALE COLLAPSE OF SERVICES THAT OUR, OUR COMMUNITY DEPENDS ON. - YEAH, NO, A HUNDRED PERCENT. I THINK THIS IS JUST, YOU KNOW, BROADLY SPEAKING, THAT'S THE FEAR IN EVERY COUNTY RIGHT NOW WITH THIS IMPLEMENTATION AND THE CHANGES IT'S REQUIRING. BUT AGAIN, FOR, FOR US, IT'S BEEN REAL IMPORTANT TO STAY ENGAGED AND HAVE OUR PROVIDERS PART OF THIS PROCESS. LIKE, YOU KNOW, THIS IS IMPACTING ALL OF US AND REALLY LOOKING VERY CAREFULLY AT THE REQUIRED ALLOCATIONS AND HOW ARE WE ENGAGING IN MAKING SURE THAT AS MANY OF THE SERVICES THAT WE'RE GONNA CONTINUE TO INVEST IN ARE FOCUSED ON THOSE PART OF OUR SAFETY NET POPULATION AT THE HIGHEST END OF THE SPECTRUM, THOSE WHO TRULY HAVE THE MOST SEVERE AND CHRONIC CONDITIONS, THAT IS THE BEHAVIORAL HEALTH PLAN'S LEGAL CHARGE. UH, AND SO WE REALLY NEED TO, NUMBER ONE, MAKE SURE WE'RE FOCUSED ON THAT PORTION OF THE SPECTRUM. SO EVALUATING THAT, REALLY REVISING OUR CONTRACTS AND MAKING SURE THAT THE WAY THAT THOSE ARE STRUCTURED, ORGANIZED, AND FUNDED ALSO MEET THE REQUIREMENTS OF THE LEGISLATION. UM, SOME OF THE PARTNERS, YOU KNOW, IF WE ARE LOOKING AT THINGS WE MIGHT DETERMINE THAT WITH A SLIGHT ADJUSTMENT IN SCOPE, YOU KNOW, THEY COULD, THEY COULD HELP US TO MEET THAT NEED IN A DIFFERENT WAY THAT WOULD FIT UNDER BHSA. OTHERS WILL HAVE TO MAKE THE HARD DECISIONS THAT REALLY WHAT THEY'RE DOING IS AN ACTIVITY THAT IS VALUABLE AND WE HAVE TO MAKE A CHOICE THAT MAYBE IT'S NOT GONNA MEET THE NEED OF THAT SPECIFIC SPECIALTY MENTAL HEALTH NEED THE WAY THAT WE NEED TO STAY FOCUSED ON. SO I KNOW THAT'S VAGUE, UM, BUT WE'RE GONNA MAKE THOSE DECISIONS VERY CAREFULLY WITH A LOT OF DATA AND THOUGHT AND BE ABLE TO SPEND SOME TIME, YOU KNOW, TALKING WITH EACH OF YOU AS THAT'S HELPFUL AND NECESSARY AS WELL. - THANK YOU. SO, UM, SEEING NO FURTHER QUESTIONS, I'D LIKE TO TAKE IT OUT TO THE PUBLIC. IS THERE ANYBODY IN THE AUDIENCE WHO'S HERE TO SPEAK ON THIS ITEM? SEEING NONE, DO WE HAVE ANY CALLERS ONLINE? - YES, CHAIR. CALL IN USER 2, YOUR MICROPHONE IS NOW AVAILABLE. - UH, SOUNDS LIKE WE'RE ATTEMPTING TO PUT BANDAIDS ON GUSHING WOUNDS OF THE POVERTY AND HARM CAUSED BY AN EXPLOITATIVE CAPITALIST SYSTEM. I KNOW YOU'RE TRYING YOUR HARDEST, BUT WITH LACK OF FUNDS OR MISAPPROPRIATIONS OF FUNDS, IT'S EXTREMELY DIFFICULT. I HEARD PHRASES LIKE CONTRACTS THAT MAY NOT BE CONTINUED, COLLAPSE OF SERVICES. I WROTE DOWN SOME OF THE THINGS YOU SAID, HARD DECISIONS TO MAKE SUPPORT FOR HOMELESS SERVICES. WHAT KIND OF SUPPORTIVE THERE FOR THAT WITH THE SUITES OF THE HOMELESS CAMPS? SOME YEARS AGO, I HEARD SOMEBODY INTERVIEWED FROM AN ORGANIZATION CALLED SHARE THE WEALTH CAMPAIGN, SHARE THE WEALTH. AND I THINK THAT'S WHAT ELECTED OFFICIALS NEED TO DO, IS TO DEMAND THE WEALTH FROM THE BILLIONAIRES AND THE MILITARY INDUSTRIAL COMPLEX. UM, I, I HAVE SOME QUESTIONS HERE. YOU TALK ABOUT PARTNERSHIP WITH BEHAVIORAL HEALTH AND PUBLIC HEALTH. [02:35:01] UM, OFTEN, BEHAVIORAL HEALTH OR WHAT IS CALLED MENTAL HEALTH INVOLVES THE USE OR FORCED USE OF PHARMACEUTICAL DRUGS, WHICH HAVE A RANGE OF ADVERSE EFFECTS THAT ARE DOCUMENTED. WAS THIS LAW WRITTEN IN PART BY THE PHARMACEUTICAL INDUSTRY? WHAT ROLE IN BEHAVIOR HEALTH... - THANK YOU. - ... IS THIS KIND OF... - TIM, YOUR MICROPHONE IS NOW AVAILABLE. - COOL. THANK, THANK YOU AGAIN FOR ALLOWING ME TO SPEAK. UM, I FOUND THE, THE PRESENTATION TO BE, UH, QUITE PROFESSIONAL. I, I LIKED IT. IT WAS VERY GOOD, A VERY GOOD PROFESSIONAL, UH, PRESENTATION, GOOD COMMUNICATION SKILLS. SO, YOU KNOW, I LOOK AT THIS, UH, BIG PICTURE HERE, UM, WITH BEHAVIORAL HEALTH AND, UH, YOU KNOW, I SEE THINGS IN THE FUTURE PROBABLY GETTING A LITTLE WORSE BECAUSE WE'RE SPENDING SO MUCH MONEY ON, UH, ICE AND DHS AND IT DOESN'T MAKE SENSE WHEN YOU CONVINCE SO MANY MEN ACROSS OUR COUNTRY TO THINK THAT IT'S OKAY TO RUN AROUND AND BEAT UP ON THE VULNERABLE, AND TO ROUND THEM UP AND SO ON. SO IT'S A CONCERN. AND, UH, YOU KNOW, SO, AND, AND ANOTHER LITTLE DIG HERE AT UH, YOU KNOW, MILLIONAIRES AND BILLIONAIRES, YOU KNOW, IF YOU MAKE A MILLION BUCKS DURING A YEAR, I MEAN, WHAT'S THE BIG DEAL OF PAYING A LITTLE EXTRA MONEY TO LIFT UP YOUR COMMUNITY AND TO MAKE LIFE BETTER ALL AROUND YOU? SO I, I'M HIGHLY SUPPORTIVE OF THIS. YOU KNOW, I HEAR, YOU KNOW, GUYS LIKE, WHAT IS IT? PETER THIEL FLAPPING HIS MOUTH. AND THEN ELON MUSK IS ALL BUMMED THAT HE CAN'T GET, YOU KNOW, ENGINEERS AND THE SCIENTIFIC COMMUNITY TO MOVE, MOVE OUTTA CALIFORNIA TO TEXAS. IT'S LIKE, GET REAL. ALL OF US KNOW THAT, YOU KNOW, THE TWO FAMILY MEMBERS HERE, BOTH SPOUSES ARE WORKING AND THEY BOTH HAVE HIGH EDUCATIONS. WE'RE NOT JUST GONNA LIFT UP AND PICK UP SHIP AND MOVE TO TEXAS TO, TO HELP OUT ELON MUSK AND HIS BUDDIES. SO LOOKING AT THE WHOLE PICTURE HERE, YOU KNOW, THESE BILLIONAIRES CAN FORK UP. THE STATE OF CALIFORNIA GAVE THEM A GREAT OPPORTUNITY IN LIFE, SO WHY NOT? YOU KNOW, THEY COULD FORK UP SOME CASH AND HELP EVERYBODY OUT. SO ANYWAYS, I FOUND THIS VERY GOOD AND THANK YOU. - THANK YOU. - WE HAVE NO FURTHER SPEAKERS ONLINE, CHAIR. - THANK YOU. UM, WITH THAT, I'LL BRING IT BACK TO THE BOARD FOR A MOTION AND DISCUSSION. - I'LL MOVE THE STAFF RECOMMENDATION. - WE HAVE A MOTION FROM SUPERVISOR CUMMINGS. - SECOND. - SECOND FROM SUPERVISOR KOENIG. ANY FURTHER DIALOGUE? I'LL JUST ADD THAT, UM, I THINK WE ALL UNDERSTAND THAT THERE ARE SOME MAJOR TOUGH DECISIONS THAT MAY BE, THAT WILL BE COMING BEFORE US AS WE APPROACH BUDGET SEASON. UM, I REALLY APPRECIATE YOUR EFFORT TO ENGAGE THE COMMUNITY. UM, MHSA HAD A VERY ROBUST ENGAGEMENT PROCESS, AS YOU KNOW. AND IT SEEMS LIKE YOU'RE DOING SOME REALLY GOOD WORK ON THE BHSA OR DEVELOPMENT AND IMPLEMENTATION. UM, BUT ANYWHERE THAT YOU CAN ENGAGE OUR COMMUNITY-BASED PARTNERS TO KEEP THEM IN THE LOOP EVERY STEP OF THE WAY SO THEY CAN PLAN ACCORDINGLY WOULD BE VERY HELPFUL. UM, SO WITH THAT, WE HAVE A MOTION AND A SECOND. WILL THE CLERK PLEASE CALL THE ROLL? - SUPERVISOR DE SERPA. - AYE. - KOENIG. - AYE. - HERNANDEZ. - AYE. - CUMMINGS. - AYE. - AND MARTINEZ. - AYE. MOTION PASSES FIVE TO ZERO. [8. Consider adopting resolution authorizing the Office of Response, Recovery and Resilience and General Services Department to apply for $2,299,303 in Community Development Block Grant-Disaster Recovery (CDBG-DR) 2023 Mitigation Resilient Infrastructure and Planning Program (DR-4683) funding] [9. Consider adopting resolution authorizing the Community Development and Infrastructure Department to apply for $13,698,650 in Community Development Block Grant Disaster Recovery (CDBG-DR) 2023/2024 Infrastructure and Mitigation Resilient Infrastructure and Planning Program (DR-4699) funding for county infrastructure and mitigation projects, and take related actions] AT THIS TIME, I AM GONNA BE CALLING ITEMS NUMBER EIGHT AND NINE TOGETHER. UM, UH, SO AS THE PRESENTERS OF THOSE ITEMS COME FORWARD, I'LL READ THEM. NUMBER EIGHT, CONSIDER ADOPTING A RESOLUTION AUTHORIZING THE OFFICE OF RESPONSE, RECOVERY AND RESILIENCE AND GENERAL SERVICES DEPARTMENT TO APPLY FOR $2,299,303 IN COMMUNITY DEVELOPMENT BLOCK GRANT DISASTER RECOVERY, 2023 MITIGATION, RESILIENT INFRASTRUCTURE AND PLANNING PROGRAM FUNDING. AND NUMBER NINE, CONSIDERING ADOPTING A RESOLUTION AUTHORIZING THE COMMUNITY DEVELOPMENT AND INFRASTRUCTURE DEPARTMENT TO APPLY FOR $13,698,650 IN COMMUNITY DEVELOPMENT BLOCK GRANT DISASTER RECOVERY, 2023/2024 INFRASTRUCTURE AND MITIGATION [02:40:04] RESILIENT, INFRASTRUCTURE AND PLANNING PROGRAM FUNDING FOR THE COUNTY INFRASTRUCTURE AND MITIGATION PROJECTS AND TAKE RELATED ACTIONS. SO, BECAUSE THESE TWO ITEMS ARE SO CLOSELY RELATED, WE'VE DECIDED TO COMBINE THE ITEMS, WHICH MEANS WE'LL HEAR BOTH STAFF PRESENTATIONS BACK TO BACK. I'LL THEN OFFER THE BOARD AN OPPORTUNITY TO ASK QUESTIONS ON BOTH ITEMS. WE'LL GO BACK TO ONE PUBLIC COMMENT PERIOD ON BOTH ITEMS, AND THEN BRING IT BACK TO THE BOARD FOR DISCUSSION AND DELIBERATION. SO WITH THAT, I'M GONNA TURN IT OVER TO OUR PRESENTERS TODAY. PLEASE GO AHEAD AND INTRODUCE YOURSELF AND PROCEED. - UH, GOOD MORNING, CHAIR MARTINEZ AND MEMBERS OF THE BOARD. I'M CAROLYN BURKE, ASSISTANT PUBLIC WORKS DIRECTOR WITH THE DEPARTMENT OF COMMUNITY DEVELOPMENT AND INFRASTRUCTURE. I'M PLEASED TO PRESENT OUR PROPOSED PROJECTS FOR SUBMISSION UNDER THE DISASTER RECOVERY COMMUNITY DEVELOPMENT BLOCK GRANTS FOR DR4683 AND WHICH IS TIED TO THE JANUARY, 2023 STORMS AND DR4699 FOR THE MARCH, 2023 STORMS, BOTH OF WHICH HEAVILY IMPACTED SANTA CRUZ COUNTY. AND AS UH, CHAIR NOTED, WE ARE PRESENTING A JOINT PRESENTATION THAT COVERS BOTH ITEMS EIGHT AND NINE. AND I'M JOINED BY GENERAL SERVICES DIRECTOR KIMBERLY FINLEY, WHO WILL PROVIDE AN OVERVIEW OF PROJECTS RELATED TO THE JANUARY 2023 STORMS. SO TODAY WE'LL BE REVIEWING THE REQUIREMENTS AND CONDITIONS OF THE CDBGDR PROGRAM, UH, INCLUDING THE CRITERIA FOR ELIGIBLE PROJECTS. NEXT, WE'LL PRESENT THE PROJECTS PROPOSED FOR INCLUSION UNDER THE GRANT PROGRAM, AS WELL AS GRANT FUNDING POLICIES AND COVERAGE LIMITATIONS, AND WRAP UP WITH THE GRANT APPLICATION AND PERFORMANCE TIMELINE. THE CDBGDR GRANT PROGRAM ORIGINATES WITH FUNDS ALLOCATED AT THE FEDERAL LEVEL FOLLOWING A PRESIDENTIALLY DECLARED DISASTER AS WAS THE CASE IN BOTH THE JANUARY AND MARCH, 2023 STORMS. THE PROGRAM IS THEN IS ADMINISTERED BY THE US DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT AND AIMS TO ADDRESS UNMET NEEDS AFTER FEDERAL FEMA INSURANCE AND PRIVATE SOURCES ARE ACCOUNTED FOR WITH A FOCUS ON LOW AND MODERATE INCOME RESIDENTS. ONCE ALLOCATED, THE DISTRIBUTION OF FUNDS IS ADMINISTERED BY THE STATE OF CALIFORNIA DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT. AND OVER THE PAST 18 MONTHS COUNTY STAFF FROM CDI AS WELL AS THE OFFICE OF RESPONSE RECOVERY AND RESILIENCE HAVE PROVIDED HCD WITH DATA REGARDING THE COUNTY'S UNMET NEEDS ASSOCIATED WITH DR-4699 AND DR-4683 WHICH WERE THEN SYNTHESIZED INTO AN HCD ACTION PLAN FOR DISTRIBUTION OF FUNDS. FOR THE MARCH, 2023 STORMS, THIS PLAN RESULTED IN APPROXIMATELY 6.9 MILLION IN FUNDS TO SUPPORT INFRASTRUCTURE RECOVERY AND 6.7 MILLION TO SUPPORT MITIGATION AND RESILIENCE ACTIONS. FOR THE JANUARY 2023 STORMS, ALMOST 2.3 MILLION IN FUNDING WAS ALLOCATED FOR MITIGATION AND RESILIENCE PROJECTS. SO THERE ARE SOME DISTINCTIONS BETWEEN THE MONEY ALLOCATED FOR INFRASTRUCTURE OR DR-INFRA FUNDS FOR SHORT, AND THOSE FOR MITIGATION AND RESILIENCE REFERRED TO AS MIT-RIPP. THE DR-INFRA FUNDS CAN ONLY BE USED FOR PROJECTS THAT BOTH RELATE TO INFRASTRUCTURE AND HAVE A DIRECT TIEBACK TO THE QUALIFYING DISASTER. ALTERNATIVELY, MIT-RIPP FUNDING IS MORE FLEXIBLE AND CAN BE USED FOR ANY PROJECT THAT INCREASES RESILIENCE TO DISASTERS AND REDUCES OR ELIMINATES LONG-TERM COMMUNITY RISKS BY LESSENING THE IMPACT OF FUTURE DISASTERS. WITH THE PRIMARY MISSION OF THE CDBGDR GRANT PROGRAM, BEING FOCUSED ON SERVING COMMUNITIES WITH LIMITED FUNDS, ALL ELIGIBLE PROJECTS MUST MEET ONE OF TWO NATIONAL OBJECTIVES TO BENEFIT LOW AND MODERATE INCOME RESIDENTS OR TO MEET AN URGENT NEED FOR THE COMMUNITY. IN THIS CONTEXT, URGENT NEED MEANS THE COMMUNITY HAS NO ALTERNATIVE FUNDING SOURCE FOR THE PROJECT. NOW I WILL PASS THE PRESENTATION TO GENERAL SERVICES DIRECTOR KIMBERLY FINLEY TO REVIEW THE PROJECT'S PROPOSED FOR FUNDING UNDER DR-4683 ALLOCATION FOR THE JANUARY 23 STORMS. - GOOD AFTERNOON, CHAIR AND MEMBERS OF THE BOARD. THE DEPARTMENT OF GENERAL SERVICES OR3 AND PARKS COLLABORATED TO DEVELOP THE RECOMMENDED ALLOCATION FOR THE $2.3 MILLION RELATED TO THE CDBGDR GRANT APPLICATION. THESE FUNDS SUPPORT RESILIENT INFRASTRUCTURE AND ARE INTENDED TO STRENGTHEN COMMUNITY PREPAREDNESS AND MITIGATE HARM CAUSED BY FUTURE DISASTER. TOGETHER THE DEPARTMENTS IDENTIFIED NECESSARY UPGRADES TO BOTH EXISTING AND NEW SHORT-TERM [02:45:01] AND LONG-TERM COMMUNITY RESILIENCE CENTERS IN STRATEGIC LOCATIONS THROUGHOUT THE COUNTY. AT THIS TIME, WE ARE RECOMMENDING PROJECTS THAT STRENGTHEN AND IMPROVE THE WATSONVILLE VETS HALL, THE SANTA CRUZ VETS HALL, THE SOUTH COUNTY GOVERNMENT CENTER, JUVENILE HALL, SANTA CRUZ COUNTY FAIRGROUNDS, DAVENPORT RESOURCE CENTER, AND VALENCIA HALL. [PAUSE] WE RECOMMEND $300,000 BE ALLOCATED FOR KITCHEN IMPROVEMENTS AT THE WATSONVILLE VET HALL, WHICH CURRENTLY SERVES A SHELTER AND PROVIDES FOOD FOR PEOPLE IN DISASTERS. $200,000 FOR PLUMBING UPGRADES AT THE SANTA CRUZ VET HALL, WHICH CURRENTLY SERVES A SHELTER AS WELL AND $150,000 FOR WATER SYSTEM ENHANCEMENTS AT THE FAIRGROUNDS TO STRENGTHEN SHELTER OPERATIONS, FOOD SERVICE AND COMMODITY POINT OF DISTRIBUTIONS. ADDITIONALLY, WE ARE STRENGTHENING OUR EMERGENCY RESPONSE CAPACITY BY ADDING SHORT TERM AND LONG TERM RESILIENCY CENTERS STRATEGICALLY THROUGHOUT THE COUNTY IN WATSONVILLE, APTOS, FELTON, AND DAVENPORT. AT THE SOUTH COUNTY GOVERNMENT CENTER, WE ARE RECOMMENDING $300,000 TO BUILD OUT DEDICATED WAREHOUSE SPACE DESIGNED FOR USE AS A COMMODITY POINT OF DISTRIBUTION DURING MAJOR DISASTERS. THESE IMPROVEMENTS ALLOW THE COUNTY TO MAINTAIN SECURE, ORGANIZED, AND SCALABLE STORAGE AND DEPLOYMENT OF CRITICAL RESOURCES DURING EMERGENCY ACTIVATIONS. WE ARE ALSO RECOMMENDING $75,000 FOR EACH, THE DAVENPORT RESOURCE CENTER AND VALENCIA HALL IN APTOS TO INSTALL BACKUP GENERATORS. SO THESE FACILITIES CAN BE RELIABLY, UH, SERVICING RURAL APTOS, CORRALITOS AND NORTH COAST RESIDENTS AS A RESILIENCY CENTER FOR SHORT TERM DISASTERS. IN THE SAN LORENZO VALLEY, THE COUNTY HAS IDENTIFIED A SIGNIFICANT OPPORTUNITY TO ACTIVATE THE SANTA CRUZ COUNTY JUVENILE HALL CENTER TO SERVE AS A DESIGNATED RESILIENT CENTER, CONGREGATE AND NON CONGREGATE SHELTER DURING EMERGENCIES. THE JUVENILE HALL, WHICH IS LOCATED AT 3650 GRAHAM HILL ROAD IN FELTON IS UNIQUELY SUITED FOR THIS PURPOSE DUE TO ITS LOCATION, LAYOUT AND EXISTING INFRASTRUCTURE. HOWEVER, DEFICIENCIES IN THE FACILITIES ROOFING SYSTEM CURRENTLY PREVENT ITS SAFE AND RELIABLE USE FOR SHELTERING. THE FACILITY CONTAINS 40 INDIVIDUAL ROOMS, WHICH ARE ORGANIZED INTO TWO DISTINCT HOUSING WINGS, EACH WITH ITS OWN DAY ROOM, SHOWER FACILITIES, AND CONTROLLED ACCESS. THESE WINGS CAN OPERATE INDEPENDENTLY OR TOGETHER ALLOWING FOR NON-CONGREGATE SHELTERING, AND INTENTIONAL SEPARATION OF POPULATIONS, INCLUDING FAMILIES, WOMEN AND CHILDREN, ADULT SINGLES AND GENDER SPECIFIC GROUPS. THIS CONFIGURATION ENHANCES SAFETY, DIGNITY, AND OPERATIONAL FLEXIBILITY, WHICH ARE KEY PRINCIPLES OF A MODERN EMERGENCY SHELTERING FACILITY. THE SITE ALSO INCLUDES CLASSROOMS, A COMMERCIAL KITCHEN, DINING AREA, MEDICAL CLINIC SPACE, AND SECURE OUTDOOR COURTYARDS. THE PROBATION DEPARTMENT MAINTAINS AN MOU WITH SANTA CLARA COUNTY THAT ALLOWS THE JUVENILE RESIDENTS TO BE TRANSFERRED WITHIN 24 HOUR NOTICE IF THE FACILITY MUST BE REPURPOSED DURING AN EMERGENCY. THIS FLEXIBILITY ENABLES THE COUNTY TO UTILIZE THE FACILITY AS A RESILIENT CENTER WITHOUT COMPROMISING YOUTH SERVICES, ENSURING CONTINUITY OF, SORRY, CONTINUING CARE WHILE MAXIMIZING PUBLIC BENEFITS. COLLECTIVELY, THESE INVESTMENTS CREATE A GEOGRAPHICALLY DISTRIBUTED NETWORK OF FACILITIES THAT STRENGTHEN PREPAREDNESS IMPROVE EQUITY OF ACCESS AND ENSURE RESIDENTS ACROSS THE COUNTY HAVE SAFE AND RELIABLE PLACES TO TURN DURING AN EMERGENCY. NEXT SLIDE, PLEASE. OKAY. UH, SO THE PROPOSED PROJECTS FOR FUNDING UNDER DISASTER 4699, SO THAT'S THE MARCH 23 STORMS, WERE SELECTED BASED ON SEVERAL CRITERIA. THESE INCLUDE PROJECTS THAT WHILE CRITICAL TO THE COMMUNITY DO NOT MEET ELIGIBILITY REQUIREMENTS FOR OTHER FUNDING TYPES OR WHERE THE COUNTY DOES NOT HAVE SUFFICIENT INTERNAL FUNDING TO MEET LOCAL MATCH REQUIREMENTS FOR ALTERNATIVE GRANT PROGRAMS. BECAUSE THIS TYPE OF GRANT FUNDING DOES NOT BECOME AVAILABLE OFTEN CARE WAS TAKEN TO ENSURE PROJECTS MAXIMIZE COMMUNITY BENEFITS. IN THE CASE OF THE PROPOSED COUNTYWIDE CULVERT REPLACEMENT PROGRAMS, THESE BENEFITS INCLUDED ADDRESSING THOSE CULVERTS WITH POTENTIAL TO TRAP RESIDENTS IN THE EVENT OF FAILURE, SEVERITY OF DETERIORATION OF THE EXISTING INFRASTRUCTURE [02:50:03] AND CULVERTS IN CRITICAL LOCATIONS THAT REQUIRE MORE COMPLEX FIXES DUE TO SIZE AND DEPTH. THE TABLE SHOWN HERE INCLUDES PRELIMINARY ESTIMATES FOR THE COST OF DESIGN AND CONSTRUCTION CONSISTENT WITH HER BOARD MEMO. BUT AS STAFF HAS, UH, CONTINUED TO COLLABORATE WITH HCD AND REFINE THEIR APPLICATIONS, THESE COSTS HAVE SHIFTED WITH MORE GRANULAR ENGINEERS ESTIMATES, AS YOU'LL SEE IN THE UPCOMING SLIDES. SO, UH, THE FIRST PROJECT IS PAULSON ROAD, WHICH HAS BEEN A HIGH PRIORITY PROJECT FOR CDI AND DUE TO ITS SIZE AND SCOPE, AS WELL AS ITS INELIGIBILITY FOR FEMA AND FEDERAL HIGHWAYS ADMINISTRATION FUNDING, THIS PROJECT IS PROPOSED TO RECEIVE THE FULL DR INFRASTRUCTURE ALLOCATION FOR PROJECTS WITH A TIEBACK TO THE MARCH 23 STORMS. PAULSON ROAD CROSSES A FORMER ALIGNMENT OF GREEN VALLEY CREEK A SALMON BEARING STREAM WITHIN THE PAJARO RIVER WATERSHED. FOLLOWING AN UPSTREAM LEVEE BREACH THE CREEK REALIGNED LEAVING THE ROADWAY APPROACHES VULNERABLE TO FLOODING AND PONDING. THE LOWLINE ROAD SEGMENTS ON EITHER SIDE OF THE EXISTING BRIDGE EXPERIENCED FREQUENT INUNDATION AND PERIODIC CLOSURES RESULTING IN ITS ADDITION TO THE COUNTY'S SEASONAL ROAD CLOSURE LIST. THESE WEATHER RELATED CLOSURES MEAN LONGER SCHOOL COMMUTES TO NEARBY ALIANZA CHARTER SCHOOL AND WATSONVILLE CHARTER SCHOOL FOR THE ARTS. SLOWER EMERGENCY RESPONSE AND LIMITED ACCESS TO THE NEW VALLE DEL PAJARO PARK AND THE FAIRGROUNDS, WHICH ALSO SERVE AS AN EMERGENCY SHELTER SITE. THE PROPOSED PROJECT WILL RAISE THE ROADWAY APPROACHES, IMPROVE DRAINAGE CAPACITY, AND ENHANCE SAFE FISH PASSAGE AND HABITAT CONDITIONS. THE RESULTING COMMUNITY BENEFITS INCLUDE SUPPORTING SAFE ROUTES TO SCHOOL, ACCESS FOR FARM WORKERS AND EMERGENCY RESPONSE, YEAR-ROUND ACCESS TO VALLE DEL PAJARO COUNTY PARK, AN IMPROVED HABITAT FOR THREATENED FISH SPECIES. AND, UH, THIS PROVIDES AN OVERVIEW OF THE, UM, COMPLETE, UH, GRANT FUNDING TOTAL OF 6.94 OR $6.964 MILLION. [PAUSE] THE NEXT PROJECT CONSIDERED FOR CDBGDR MITIGATION AND RESILIENCE FUNDING IS RESTORATION OF THE CULVERT CARRYING LEONA CREEK BENEATH CAPITOLA ROAD IN LIVE OAK. THIS PROJECT HAS BEEN A HIGH PRIORITY FOR THE ZONE 5 DRAINAGE DISTRICT DUE TO ITS DETERIORATED CONDITION AND POTENTIAL TO INTERRUPT A MAIN EAST WEST TRANSIT CORRIDOR AND ACCESS TO THE NEARBY AFFORDABLE HOUSING DEVELOPMENT AND DIANTE'S DENTAL CLINIC. THE PROPOSED PROJECT INCLUDES RESTORING THE CULVERT VIA ALIGNING AND COMPACTION GROUTING OF THE SURROUNDING SOIL VOIDS. AND THE CURRENT COST ESTIMATE IS 860,000 TO COMPLETE THE REPAIR. 300,000, UM, IN DEVELOPMENT FUNDING HAS SUPPORTED PARTIAL DESIGN OF THE PROJECT AND WILL GO TOWARD COMPLETION OF THE PROJECT WITH THE BALANCE BEING COVERED BY THE CDBG MITIGATION AND RESILIENCE FUNDING. CDBGDR FUNDING ALLOWS THE COUNTY TO INCLUDE SUB-RECIPIENT PROJECTS IN THEIR APPLICATIONS. THROUGH THE CDI ZONE 7 STAFF'S ONGOING COORDINATION WITH THE PAJARO REGIONAL FLOOD MANAGEMENT AGENCY, THEY HAVE IDENTIFIED ONE SUCH PROJECT TO PROVIDE INCREASED FLOOD PROTECTION ALONG REACH FIVE OF THE US ARMY CORPS OF ENGINEERS, PAJARO RIVER AT WATSONVILLE PROJECT. AS PART OF A LARGER PROJECT TO IMPROVE LEVEES ALONG THE PAJARO RIVER, CURRENT PLANS INCLUDE THE INSTALLATION OF A FLOOD WALL ON THE NORTH SIDE OF SALSIPUEDES CREEK TO PROTECT THE COLLEGE ROAD NEIGHBORHOOD FROM THE 2025-YEAR FLOOD EVENT. AND AS YOU CAN SEE IN THIS PHOTO, THIS AREA WAS BADLY FLOODED IN THE MARCH, 2023 STORM EVENT. ALTHOUGH, UH, PRFMA HAS MADE EFFORTS TO INCREASE FLOOD PROTECTION IN THIS AREA, THERE IS NO ARMY CORPS FEDERAL INTEREST TO FUND ANYTHING MORE THAN A 25 YEAR LEVEL OF PROTECTION. HCDCDBG MITIGATION AND RESILIENCE FUNDS WOULD FUND A BETTERMENT THAT WOULD INCREASE THE LEVEL OF PROTECTION TO 100 YEARS BY DESIGNING AND BUILDING A TALLER FLOOD WALL IN THIS LOCATION WHICH ALSO MEETS CRITERIA FOR DESIGNATION AS A DISADVANTAGED COMMUNITY. AND HERE IS A MAP OF THE AREA TO RECEIVE THIS ADDED LEVEL OF PROTECTION. IT'S HIGHLIGHTED THERE IN YELLOW. [PAUSE] THE CURRENT COST ESTIMATE FOR INCREASED FLOOD PROTECTION ALONG THE NORTHERN SIDE OF REACH 5 IS APPROXIMATELY $2.4 MILLION. UH, THIS WILL RESULT IN APPROXIMATELY 100 HOMES THAT WILL BENEFIT FROM INCREASED FLOOD PROTECTION, AND WE'LL REMOVE THEM FROM THE FEMA SPECIAL FLOOD HAZARD ZONE, RESULTING IN ONGOING SAVINGS AND INSURANCE PREMIUMS AND DISASTER RECOVERY COSTS. [PAUSE] [02:55:02] THE NEXT PROJECT PROPOSED FOR CDBGDR FUNDING IS THE DAVENPORT DRINKING WATER IMPROVEMENT PROJECT, WHICH PROVIDES FOR INSTALLATION OF 320 LINEAR FEET OF EIGHT INCH WATER MAIN IN THE ROAD ALONG WITH NEW WATER METERS AN ABANDONMENT OF AN EXISTING DETERIORATING WATER MAIN. THE WATER LINE WILL BE UPSIZED TO ALLOW FOR FIRE PROTECTION IN THIS NEIGHBORHOOD OF RESIDENCES AND BUSINESSES, WHICH MEETS CRITERIA FOR LOW AND MODERATE INCOME COMMUNITY. IN ADDITION, THE PROJECT WILL CONSTRUCT AN ISOLATION VALVE ENABLED, ENABLING SHUTDOWN OF WATER TO THE SCHOOL AND PORTIONS OF THE COMMUNITY OF DAVENPORT WITHOUT SHUTTING DOWN THE ENTIRE SYSTEM, WHICH COULD BE CRITICAL IF WATER INFRASTRUCTURE IS DAMAGED DURING AN EARTHQUAKE. THE WATER METERS WILL HELP WITH DROUGHT RESILIENCY SINCE, UM, AFTER THEIR INSTALLATION, THE WATER CUSTOMERS IN DAVENPORT WILL SWITCH TO BEING BILLED BASED ON WATER USAGE, ENCOURAGING WATER CONSERVATION IN AN AREA WHERE SOURCE WATER IS LIMITED IN DRY MONTHS AND DURING INTENSE STORM EVENTS WHEN WATER PURIFICATION IS IMPOSSIBLE. GRANT FUNDING HAS BEEN SOUGHT TO FUND THIS PROJECT SINCE 2015 TO NO AVAIL. THE CURRENT ENGINEER'S ESTIMATE FOR THE PROJECT IS 877,900, ALL OF WHICH WOULD COME FROM THE CDBGDRM MITIGATION AND RESILIENCE SET ASIDE. THE LAST PROJECT WE WILL PRESENT TODAY IS THE COUNTYWIDE CULVERT REPLACEMENT PROJECT, WHICH INCLUDES THE REPAIR AND REPLACEMENT OF VARIOUS CULVERTS THROUGHOUT THE COUNTY THAT ARE IN POOR CONDITION AND DANGER OF FAILURE. PRIOR TO THE CDBGDR GRANT OPPORTUNITY, CDI HAD CONDUCTED A COMPREHENSIVE ASSESSMENT OF THE 3,300 CULVERTS ALONG COUNTY ROADWAYS, RATING THE SEVERITY OF THEIR CONDITION AND POTENTIAL FOR FAILURE. AS NOTED EARLIER IN THE PRESENTATION THESE CULVERTS WERE SELECTED BASED ON BOTH THEIR CONDITION AND THE CONSEQUENCES OF FAILURE, SUCH AS ENTRAPMENT, INTERRUPTION OF EMERGENCY SERVICES, AND COMPLEXITY OF REPAIRS. THIS PROJECT WOULD BE FUNDED BY A TOTAL OF 3.8 MILLION IN CDBGDR MITIGATION AND RESILIENCY FUNDS. DUE TO THE FEDERAL FUNDING TIE, THE CDBGDR PROGRAM POLICIES MUST MEET FEDERAL GUIDELINES THAT LIMIT THE TYPES OF ACTIVITIES THAT CAN BE REIMBURSED UNDER THE GRANT AGREEMENT. WHILE NO LOCAL MATCHING FUNDS ARE REQUIRED FOR ANY OF THE PROJECTS, THE CONSEQUENCES OF THESE GUIDELINES DRIVE THE ULTIMATE FISCAL IMPACT OF OUR PARTICIPATION IN THE PROGRAM. AMONG THE MOST IMPACTFUL IS THE LIMIT ON COMPENSATION FOR OVERHEAD COSTS. THESE ARE COSTS THAT ARE ASSOCIATED WITH MAINTAINING THE OFFICE STAFF AND AMENITIES NECESSARY TO CONDUCT BUSINESS AND CANNOT BE TIED DIRECTLY TO INDIVIDUAL PROJECTS. FEDERAL GUIDELINES REQUIRE THAT COMPENSATION FOR OVERHEAD COSTS ARE CAPPED AT A MAXIMUM OF $50,000 PER PROJECT. WITH PROJECT COSTS IN THE MILLIONS OF DOLLARS CDIS ABILITY TO FUND OVERHEAD WILL VARY BY PROJECT AND PROGRAM TYPE. ONCE PROJECT BUDGETS ARE FULLY REFINED, PROJECT MANAGERS WILL MEET WITH CDI FISCAL STAFF TO REVIEW TOTAL COSTS AND IDENTIFY OVERHEAD FUNDING SOURCES PRIOR TO SIGNING A MASTER AGREEMENT WITH HCD TO ACCEPT THE GRANT PROGRAM FUNDING. [PAUSE] CDI AND OR3 STAFF HAVE COMPLETED THE PRE-APPLICATION PROCESS AND APPLICATION PREPARATION IS IN FULL SWING WITH THE FEBRUARY 27TH DUE DATE APPROACHING. ONCE APPLICATIONS HAVE BEEN SUBMITTED INTO THE HCD PORTAL THEY WILL BE REVIEWED BY HCD STAFF FOR FINAL APPROVAL BECAUSE FUNDING HAS ALREADY BEEN ALLOCATED TO SANTA CRUZ COUNTY. THIS IS NOT A COMPETITIVE SELECTION PROCESS, BUT RATHER A CONFIRMATION OF ELIGIBILITY UNDER THE PROGRAM AND FUNDING CATEGORY. AS NOTED IN THE LAST SLIDE, CDI STAFF WILL REVIEW THE APPROVED PROJECT LIST AND THE FINAL COST ESTIMATES TO IDENTIFY FUNDING SOURCES FOR OVERHEAD COSTS OVER THE THREE YEAR PERFORMANCE PERIOD. AND RETURN TO THE BOARD OF SUPERVISORS PRIOR TO SIGNING A MASTER AGREEMENT WITH HCD, WITH A FINAL PROJECT LIST AND FUNDING TOTALS. TODAY WE RECOMMEND THAT YOUR BOARD ADOPT TWO RESOLUTIONS, ONE, AUTHORIZING STAFF TO APPLY FOR $13,698,650 IN THE STATE OF CALIFORNIA'S COMMUNITY DEVELOPMENT BLOCK GRANT DISASTER RECOVERY FUNDS RELATED TO PRESIDENTIAL DISASTER DECLARATION DR-4699, AND $2,299,303 RELATED TO DR-4683 AND ANOTHER CERTIFYING THE URGENT NEED IN NATIONAL OBJECTIVE FOR QUALIFYING PROJECTS UNDER BOTH DISASTER EVENTS. FINALLY, WE RECOMMEND THAT YOUR BOARD DIRECT THE DEPARTMENT OF COMMUNITY DEVELOPMENT AND INFRASTRUCTURE AND GENERAL SERVICES DEPARTMENT TO RETURN TO THE BOARD UPON APPLICATION AWARD TO ACCEPT UNANTICIPATED REVENUE [03:00:03] AND PROVIDE A LIST OF AWARDED PROJECTS. THAT CONCLUDES OUR PRESENTATION ON THIS ITEM. INDIVIDUAL PROJECT MANAGERS AND STAFF ARE PRESENT TO ASSIST IN ANSWERING ANY QUESTIONS YOU MAY HAVE. THANK YOU. - THANK YOU FOR THE PRESENTATION. DO MY COLLEAGUES, UH, HAVE ANY QUESTIONS FOR STAFF? SUPERVISOR KOENIG? - THANK YOU, CHAIR. UM, I MEAN, THIS IS REALLY AN EXCITING OPPORTUNITY TO PUT TOGETHER A CHRISTMAS LIST OR A WISH FOR THE NEW YEAR, IF YOU WILL. UM, AND THERE'S DEFINITELY A LOT OF THINGS THAT, UM, I LOVE ON HERE. I MEAN, UM, PARTICULARLY REPLACING THE LEONA CREEK CULVERT, UM, YOU KNOW, THAT IS ALWAYS, UH, THE, THE POSSIBILITY OF THE FAILURE OF THAT CULVERT IS ALWAYS OCCUPIED A SPECIAL PLACE IN MY NIGHTMARES, ESPECIALLY RIGHT NOW WITH, UM, THE HARBOR BRIDGE UNDER CONSTRUCTION AND CAPITOLA ROAD BEARING EVEN MORE TRAFFIC. UM, SO IT'S GREAT THAT WE HAVE FEASIBILITY TO FIXING THAT. UM, AND OF COURSE A LOT OF THE OTHER PROJECTS HERE IS ON THE, THE CULVERT REPLACEMENT, UM, LIST HERE. I MEAN, THESE ARE LIKE 21 SUPER IMPORTANT CULVERTS AND I'VE SEEN ONE OR TWO OF 'EM AND IT'S PRETTY SHOCKING, UH, HOW QUICKLY A FAILED CULVERT CAN DESTROY A ROAD. SO THAT'S GREAT. UM, ONE QUESTION IS, DID YOU GUYS DO ANY KIND OF LIKE COST BENEFIT ANALYSIS WHEN SELECTING THESE PROJECTS? AND I MEAN, I'LL JUST SAY LIKE, I, I LOVE THAT THIS IS AN OPPORTUNITY TO DO THE PAULSON ROAD PROJECT. IT'S ALSO SUPER EXPENSIVE AT $7 MILLION, RIGHT? AND WE'RE REPLACING 21 PERHAPS PROTECTING, UM, YOU KNOW, A NUMBER OF MAJOR ROADWAYS, 21 DIFFERENT CULVERTS FOR 3.8 OR SOMETHING LIKE THAT, RIGHT? I MEAN, DID WE LOOK AT THE OPPORTUNITY TO MAYBE DO ANOTHER 40 CULVERTS AND I MEAN, I DON'T CARE IF THEY'RE ALL IN THE FOURTH DISTRICT, RIGHT? I MEAN LIKE JUST THERE'S A LOT OF ROADWAYS OUT THERE, BUT I THINK WE HAVE A HUNDRED FAILED CULVERTS 400 MORE THAT ARE AT RISK OF FAILING. LIKE THIS IS JUST ONE VERY BIG TICKET ITEM AND I'M WONDERING LIKE, DO WE LOOK AT, OKAY, WELL WHAT ARE THE TRAFFIC COUNTS ON PAULSON ROAD? WHAT ARE THE TRAFFIC COUNTS ON THE 20 TO 40 OTHER ROADS THAT WE COULD POTENTIALLY SAVE WITH THIS? - YEAH, I'M GONNA REFER THIS QUESTION TO OUR ASSIST-, OR OUR PUBLIC WORKS, PUBLIC WORKS DIRECTOR OR ASSISTANT DIRECTOR, WHICHEVER CAN GET THERE FIRST. - WELL, I CAN START AND IF THE OTHERS HAVE SOMETHING TO ADD HAPPY TO HEAR THAT TOO AS WELL. HI, UM, STEVE WIESNER, ASSISTANT DIRECTOR OF PUBLIC WORKS IN CDI. UM, SO TO ANSWER YOUR QUESTION AND THIS IS REALLY WHAT WE PRESENTED HERE, WAS A BALANCE OF NEEDS THROUGHOUT THE COUNTY. OBVIOUSLY OUR NEEDS ARE GREAT AND OUR INFRASTRUCTURE UM, AND ROAD SYSTEM, UM, BUT WE'VE IDENTIFIED THESE AS CRITICAL NEEDS. UM, PAULSON, IT HAS NORTH OF 3,300 CARS A DAY. IT'S IDENTIFIED AS A CRITICAL EVACUATION ROUTE WHEN IT IS IN A VERY LOW LYING AREA OF THE COUNTY. SO WHEN WE EXPERIENCE FLOODING LIKE WE DID IN 23, UM, PAULSON'S ACTUALLY GETTING HIT EVERY SINGLE YEAR. BUT IT BECOMES A CRITICAL ROUTE TO GET TO AND FROM SOME OF OUR EVACUATION, UM, AREAS THAT WE EVACUATE FROM AND FROM THE SHELTERING SITES THAT WE EVACUATE TO. UM, IN ADDITION, YOU KNOW, IT HAS A VERY LARGE SCHOOL COMPLEX UH, AT THE END OF WHITING ROAD, UM, NEAR CASSERLY, WHICH FOLKS IT'S A VERY LONG DETOUR TO GET AROUND THERE AS WELL. UM, AND THIS IS A PROBLEM THAT WE'VE IDENTIFIED THAT'S NOT GONNA GO AWAY. IT IMPACTS A GREAT NUMBER OF PEOPLE AND IT MEETS ALL OF THE CRITERIA REALLY WELL FOR LIKE LOW AND MODERATE LEVEL INCOME. UM, YOU KNOW, WE DID BALANCE THAT AND IT IS A DIFFERENT SOURCE OF FUNDING. YOU'LL NOTICE THAT THE, UM, AND IT HAD TO BE TIED DIRECTLY BACK TO THE EVENT, UM, THIS INFRASTRUCTURE FUNDING, WHEREAS THE MITIGATION PROJECTS, WE COULD CHOOSE A NUMBER OF NEEDS THROUGHOUT THE, UH, REST OF THE UNINCORPORATED AREA. AND WE TRIED TO BALANCE THAT AS BEST AS WE CAN BASED ON, UM, LIKE CAROLYN HAD ARTICULATED, UM, YOU KNOW, ROADS THAT REALLY COULD TRAP PEOPLE IF WE DIDN'T GET TO THESE, TO THESE CULVERTS. AND SO, I THINK WHAT IS PRESENTED HERE IS A REALLY GOOD BALANCE OF THAT AND A GOOD USE OF THESE FUNDS. - OKAY. THANK YOU. - YEAH. - QUESTIONS? FURTHER QUESTIONS? QUESTIONS, COMMENTS WILL COME LATER. - NO COMMENTS, QUESTIONS? - JUST WE'RE DOING QUESTIONS AND THEN WE'LL DO PUBLIC COMMENT AND THEN COMMENTS. - OKAY, WE'LL DO PUBLIC, I'LL SAVE IT FOR PUBLIC COMMENT. - UM, I DO HAVE A, JUST A COUPLE QUESTION. YEAH. - I DO. - GO FOR IT. - [INAUDIBLE] NUMBER FIVE. UH, ANY, ANY, UH, ANY INPUT OUT AS TO HOW IMPORTANT THAT THAT PROJECT IS TO THIS LIVING PROJECT? - HI EVERYONE. UH, MY NAME IS MARK STRADLEY. I'M THE EXECUTIVE DIRECTOR OF THE PAJARO REGIONAL FLOOD MANAGEMENT AGENCY. UM, WHAT WE SAW IN 2023 ON CORRALITOS CREEK WAS APPROXIMATELY A 50 YEAR RECURRENCE INTERVAL FLOOD. AND WHAT THE ARMY CORPS IS PROPOSING TO DO ON THIS SIDE OF SALSIPUEDES CREEK, IMMEDIATELY DOWNSTREAM FROM WHERE THE FLOODING BROKE OUT [03:05:03] AND WHERE A LOT OF HOMES WERE FLOODED, WAS ONLY PROVIDE 25 YEAR LEVEL PROTECTION AND THIS IS A BYPRODUCT OF THAT KIND OF ABSURD BENEFIT COST RATIO ANALYSIS THAT THE FEDERAL GOVERNMENT DID TO DETERMINE WHICH PARTS OF THAT 1949 LEVEE SYSTEM WOULD BE UPDATED. THIS PART WAS GONNA BE UPDATED, BUT ONLY TO 25 YEAR LEVEL PROTECTION. IF YOU LOOK AT A 50 TO A HUNDRED YEAR FLOOD IN THIS AREA, WE'RE TALKING ABOUT A, YOU KNOW, AROUND A $2 MILLION IMPROVEMENT FLOOD DEPTHS. WHEN YOU START GETTING ABOVE THAT 25 YEAR LEVEL PROTECTION, YOU'RE TALKING ABOUT COMPLETE-COMPLETELY DEVASTATING HOMES, MUCH WORSE THAN WHAT WAS SEEN IN 2023. AND SO WHEN THOSE HOMES ARE SOMEWHERE BETWEEN PROBABLY 500,000 AND A MILLION DOLLARS EACH IN THAT AREA, EVEN FOR A LOWER INCOME AREA, YOU'RE TALKING ABOUT, YOU KNOW, 25 TO 50, MAYBE $75 MILLION OF DAMAGE WHEN THOSE HOMES ARE COMPLETELY DESTROYED. SO ELEVATING THIS, THERE'S A REALLY SMALL INVESTMENT FOR A REALLY SIGNIFICANT CHANGE IN IMPROVEMENT IN THE LEVEL OF PROTECTION THAT THE FEDERAL GOVERNMENT IS PREPARED TO PROVIDE FOR THIS AREA. - THANK YOU. AND I'M CERTAINLY GLAD THAT THE FED, THE FEDS OR CBG STILL USE, YOU KNOW, RESILIENCE, THINGS LIKE RESILIENCE, LOW INCOME AND EQUITY AS PART OF THEIR CRITERIA FOR THESE, YOU KNOW, RESILIENT INFRASTRUCTURE PROJECTS BECAUSE OTHERWISE WE WOULD BE IN THE SAME BOAT THAT PREVIOUSLY OUR LEVY PROJECT HAS BEEN IN FOR THE LAST 30 YEARS USING THE COST BENEFIT ANALYSIS MODEL WHERE WE DON'T GET NOTHING. SO I'M HAPPY TO SEE ALL THIS COME- COME TO FRUITION NOW. - THANK YOU, SUPERVISOR HERNANDEZ. UM, ONE QUESTION I HAVE JUST IS ABOUT ANY FLEXIBILITY THAT THE GRANT MIGHT HAVE. I MEAN, THERE'S A LOT OF REALLY IMPORTANT PROJECTS HERE, BUT WHAT WE KNOW ABOUT PROJECTS IS THEY OFTEN END UP COSTING MORE THAN WE ANTICIPATED. IF WE END UP SEEING THAT DOWN THE LINE, IS THERE THE CHANCE TO KIND OF MOVE FUNDING FROM ONE LINE ITEM TO THE OTHER? - YES, THERE IS FLEXIBILITY WITHIN THE CATEGORY. SO INFRASTRUCTURE MONEY NEEDS TO STAY IN THE INFRASTRUCTURE CATEGORY AND THEN THE MITIGATION AND RESILIENCE FUNDING NEEDS TO STAY IN THAT CATEGORY. AND SO, UM, YEAH, WE DID HAVE CONVERSATIONS ABOUT THIS BECAUSE YOU MIGHT HAVE A BID OPENING AND SOMETHING COMES IN WAY UNDER AND YOU COULD DO MORE. UM, WHERE WE WILL SEE THAT FLEXIBILITY IS IN THE CULVERT REPLACEMENT PROGRAM BECAUSE THEY'RE WILLING TO ACCEPT A PRE-APPROVED LARGER LIST OF CULVERTS AND THEN WHERE THERE ARE OPPORTUNITIES TO ADD MORE TO THAT WE CAN, YOU KNOW, ACCOMPLISH MORE OF THE CULVERT REPLACEMENTS SIMILARLY, AND WE CAN DO THEM SEQUENTIALLY. UM, SIMILARLY, IF WE HAVE SOME GO OVER, IT MAY, THAT'S WHERE THE FLEX WOULD BE SEEN, WOULD BE IN OUR CULVERT REPLACEMENTS BECAUSE INDIVIDUALLY, YOU KNOW, THEY'RE ON THE ORDER OF 100 TO 200,000. SO IT'S SOMEWHERE WHERE YOU CAN WORK WITH IT AND FINESSE IT SO THAT WE GET THE MOST OUT OF THE MONEY THAT WE ARE AWARDED. - APPRECIATE THAT, THAT'S, THAT MAKES A LOT OF SENSE. UM, I ALSO APPRECIATED THE SORT OF OVERVIEW OF HOW THE SANTA CRUZ COUNTY JUVENILE HALL MIGHT BE USED AS A COMMUNITY RESILIENCY CENTER. AND I KNOW THAT THERE'S A FEW RESILIENCY CENTERS ON THIS LIST. SO I'M JUST CURIOUS IF WE, ARE WE HAVING THE CONVERSATION ABOUT WHEN WE ACTIVATE, WHAT, WHAT, WHAT WILL TELL US THAT IT'S TIME TO ACTIVATE, UM, A RESILIENCY CENTER, PARTICULARLY WHEN IT COMES TO MOVING YOUTH FROM A SECURE FACILITY, IT SEEMS LIKE... - WELL, UM, AS FAR AS THE ACTIVATION I WOULD DEFER TO OR3 AS TO WHEN A SITE WOULD BE ACTIVATED. HOWEVER, I WILL SAY THAT PARKS, GSD AND OR3 REALLY COLLABORATED AND DISCUSSED WHAT TYPES OF DISASTERS WE COULD, UM, FORESEE IN THE NEAR FUTURE AND WHAT TYPES OF LOCATIONS WOULD BE BEST UM, FOR THOSE SERVICES. SO SPECIFICALLY IN THE SAN LORENZO VALLEY, WE WERE LOOKING AT IF THERE WAS A DEVASTATING EARTHQUAKE AND PEOPLE WERE, UM, DISPLACED FROM THEIR HOMES FOR A SIGNIFICANT PERIOD OF TIME HAVING THIS, UM, NON-CONGREGATE SHELTER WITHIN THE CELLED AREAS THAT HAVE KITCHEN MEDICAL CLINICS, ET CETERA. BUT THEN WE ALSO HAVE THE ADDITION OF THE NEW GYM, WHICH IS OVER 6,000 SQUARE FEET FOR CONGREGATE SHELTER THAT COULD SERVE FOR LONG TERM WITH THE OUTDOOR AREAS. SO, UM, AS FAR, I, I THINK I WOULD DEFER TO OR3 AS TO WHAT THE DISASTER IS, WHERE THE DISASTER HAPPENS, AND THEIR DETERMINATION AS TO WHEN A SITE WOULD BE ACTIVATED. - THAT'S HELPFUL BECAUSE I SAW ON THE SPREADSHEET IT WAS LISTED AS BOTH A SHORT TERM OR A LONG TERM. [03:10:02] - I THINK IT COULD BE ACTIVATED FOR BOTH, BUT OUR GOAL REALLY WAS TO, UM, PROVIDE A LONG TERM SOLUTION THAT WE DON'T CURRENTLY HAVE IN THE SAN LORENZO VALLEY. I THINK IT COULD BE UTILIZED SHORT TERM, BUT THE VISION IS FOR A REALLY, A LONG TERM SITE. - OKAY. - ADDITIONALLY, I WANTED TO MENTION ONE MORE ITEM. UM, IN WORKING WITH THE DIRECTOR OF PROBATION, SHE HAD IDENTIFIED THAT WE COULD ALSO, UM, CLOSE OFF ONE WING IN THE TWO WING, UH, RESIDENTIAL CELLS AND HAVE THE, UM, OCCUPANTS STAY ON SITE IF IT WAS A CIRCUMSTANCE WHERE WE DIDN'T NEED TO UTILIZE THE ENTIRE PREMISES. SO, UM, I WOULD DEFER TO THE PROBATION DEPARTMENT AND OR3 TO DETERMINE WHEN IT'S NECESSARY TO MOVE THE OCCUPANTS OFFSITE TO SANTA CLARA OR IF WE COULD KEEP THEM, UM, ON PREMISES JUST, UH, ISOLATED TO ONE SECURE WING. - GOT IT. THAT'S HELPFUL. UM, SEEING NO FURTHER QUESTIONS I'M GONNA TAKE IT OUT TO PUBLIC COMMENT. IS THERE ANYBODY IN THE ROOM WHO'D LIKE TO SPEAK ON THIS ITEM? IS THERE ANYBODY ON THE PHONE? - YES, CHAIR. TIM YOUR MICROPHONE'S NOW AVAILABLE. - COOL. YEAH, I LIKE THIS. SO, UM, YOU CAN'T PREPARE ENOUGH. AND JUST TO REMIND YOU ALL I HAVE A DIFFERENT PERSPECTIVE YOU KNOW, SO, 'CAUSE I'M A LITTLE OLDER AND, UH, I STOOD ON THE LEFTOVERS OF THE ALPINE MEADOWS DISASTER THAT YOU, UH, THAT YOU SEE DOCUMENTED IN THAT NETFLIX DOCUMENTARY. SO I STOOD ON THAT. AND THEN, UH, THE YEAR AFTER SLIDE MOUNTAIN COLLAPSED INTO WASHOE LAKE. THAT WAS AWESOME. YOU KNOW, IT COULDN'T HOLD THE 40 TO 60 FOOT GLACIER ON THE SIDE OF THE MOUNTAIN, AND IT PLUNGED DOWN A RAVINE, RIPPED OUT A BUNCH OF BOULDERS AND TREES AND EVERYTHING, AND WENT ALL THE WAY INTO WASHOE LAKE WHILE MY FRIEND WAS THE ONLY HANG GLIDER IN THE SKY OVER WASHOE LAKE. SO WHILE THAT WAS GOING ON OVER HERE IN THE BAY AREA, HOUSES WERE PLUNGING INTO THE OCEAN. SO ANYWAYS, THINGS COULD BE MUCH WORSE AND YOU CANNOT PREPARE ENOUGH. SO THAT'S THE END OF MY COMMENT. I LIKE WHAT I SEE HERE, AND I THINK YOU SHOULD MOVE FORWARD IN A HURRY AND, AND FIX AS MANY THINGS AS YOU POSSIBLY CAN. THANK YOU VERY MUCH. - BERNIE, YOUR MICROPHONE IS NOW AVAILABLE. - UH, GOOD AFTERNOON, CHAIR AND BOARD. UM, BERNIE [INAUDIBLE]. I WAS LISTENING AND YES, I'M IN FULL SUPPORT OF PLANNING FOR THE FUTURE, FOR PLANNING FOR DISASTERS 'CAUSE IT'S NOT, IT IS THE WHOLE THING IS LIKE, IT IS NOT IF, BUT WHEN, RIGHT? UM, AND, AND TO MY UNDERSTANDING, YOU KNOW, A RESILIENCE CENTER CAN BE ESSENTIALLY ANY BUILDING, RIGHT? YOU CAN CREATE ANY BUILDING, DEVELOP ANY BUILDING INVEST IN ANY BUILDING. HOWEVER, I, I MISS TO REALLY UNDERSTAND OR JUST THE NOTION OF USING A CAROSEL JUVENILE CAROSEL UM, IF THERE WAS A, AN EMERGENCY AS IT WAS STATED RIGHT, IN THE SAN LORENZO VALLEY AND WHATNOT, UM, PLACEMENT, I THINK, UH, THE PRIORITY WOULD BE TO KEEP THOSE YOUTH SAFE IN THEIR ENVIRONMENT. UM, IT IS A CAROUSEL SETTING AGAIN, YOU KNOW, THERE'S, UH, IT'S NOT A CLEAR CUT, LIKE YOU CAN HAVE FAMILIES THERE AND STUFF, YOU KNOW, AND ALL THAT. UM, AND THERE'S JUST ALSO THE QUESTION OF LIKE THE PROBABILITY OR THE COST OF JUST TRANSFERRING THE KIDS AND HOUSING KIDS OVER IN SOMEWHERE ELSE, RIGHT? SO THERE'S, THERE'S MUCH MORE CONVERSATION THAT NEEDS TO HAPPEN AROUND THAT. AND, UH, I MEAN, IF THAT'S THE CASE AND YOU'RE LOOKING FOR A LONG-TERM SOLUTION, UH, OR PROPERTY OR BUILDING, UM, FOR FOLKS, I MEAN, I WOULD THINK OF, UH, A DORM LIKE SETTING, RIGHT? NOT A CELL SETTING, UH, WHERE YOU CAN ACTUALLY PROP UP BEDS AND STUFF LIKE THAT. YOU KNOW, AND IF WE'RE TALKING ABOUT CAROUSEL SETTINGS, UM, I WOULD THINK OF, UH, THE FARM, RIGHT? THE UNITS THAT ARE ESSENTIALLY EMPTY, YOU KNOW. [03:15:03] UM, BUT ANYWAYS, THANK YOU FOR YOUR TIME AND INTERESTING CONVERSATION. - THANK YOU. - WE HAVE NO FURTHER SPEAKERS ONLINE, CHAIR. - THANK YOU. I'LL NOW RETURN TO THE BOARD FOR A MOTION AND DISCUSSION. SUPERVISOR HERNANDEZ. - YES, I, YOU KNOW, WITH THESE PROJECTS, YOU KNOW, I CERTAIN, I'M CERTAINLY PROUD TO SUPPORT THIS, THIS, UH, ITEM AND MAKE A MOTION TO, UH, MOVE THIS ITEM. UH, BUT FIRST I, I WANNA SAY THAT THIS IS REALLY EXCITING TIME FOR WATSONVILLE TODAY WITH A NUMBER OF PROJECTS IN SOUTH COUNTY BUT I WANT TO, AGAIN, THANK STAFF, YOU KNOW, ALL OF CDI, OR3 FOR ALL THEIR WORK ON THIS. AND AGAIN, REITERATE THAT I'M CERTAINLY GLAD THAT, YOU KNOW THE FEDS ARE STILL USING THESE ITEMS OF, OF EQUITY IN THEIR CRITERIA FOR THESE RESILIENT INFRASTRUCTURE PROJECTS. YOU KNOW, BEING A VETERAN, UH, I'M VERY HAPPY TO SEE THAT BOTH OUR VETERAN HALLS ARE-ARE FACING UPGRADES, THE ONE IN SANTA CRUZ, AND OF COURSE THE ONE IN WATSONVILLE. IT'S GONNA MAKE ALL OF OUR CROWDS VERY HAPPY TO SEE THAT. AND OF COURSE, THE UPGRADES AT THE FAIRGROUNDS. OUR FAIRGROUNDS HAS BEEN USED MULTIPLE TIMES FOR, UH, RESILIENCY, UH, DURING THE EARTHQUAKES WAY BACK, AND THEN DURING THE 95 FLOODS, AND THEN THE LAST FLOODS IN 23. UH, AND I REMEMBER BEING THERE WHEN THEY DIDN'T HAVE ANY ACCESS TO WI-FI THERE, THEY DIDN'T HAVE ANY ACCESS TO, THEY BROUGHT THESE, UH, WASHING MACHINES, BUT THEY DIDN'T, THEY COULDN'T ACCESS THE WATER THERE. THEY HAD WATER ISSUES FOR THAT. OF COURSE THE, THE SOUTH COUNTY GOVERNMENT CENTER, I'M ALWAYS HAPPY TO SEE UPGRADES HERE. AND OF COURSE, JUVENILE HALL KEEPING EVERYONE SAFE. THERE'S PEOPLE ON BOTH SIDES THERE THAT ARE PROBABLY FROM, YOU KNOW, SOUTH COUNTY. UH, A LOT OF THE EMPLOYEES AND A LOT OF PEOPLE, A LOT OF THE YOUNG PEOPLE IN THERE. SO IT'S GOOD TO KEEP THEM SAFE. UM, YOU KNOW, THE PAJARO VALLEY IN MANY OF OUR UNINCORPORATED COMMUNITIES, UH, KNOW FIRSTHAND WHAT THE 2023 STORMS DID TO OUR ROADS, OUR DRAINAGE SYSTEMS OUR NEIGHBORHOODS. WE ALSO KNOW THAT WE CANNOT SIMPLY REBUILD THE SAME WAY AND EXPECT DIFFERENT RESULTS THE NEXT TIME A SEVERE STORM HITS. THIS FUNDING REPRESENTS A MAJOR OPPORTUNITY, NEARLY 13.7 MILLION TO INVEST IN INFRASTRUCTURE THAT IS CRITICAL TO PUBLIC SAFETY, EMERGENCY ACCESS, AND FLOOD PROTECTION. I ESPECIALLY WANNA HIGHLIGHT THREE KEY COMPONENTS OF THE APPLICATION PACKAGE THAT DIRECTLY IMPACT PAJARO VALLEY. NUMBER ONE IS PAULSON ROAD. THAT ROAD HAS ALMOST 4,000 CARS. THEY ACCESS SCHOOLS. IT'S AN EMERGENCY ROUTE WHEN COLLEGE GETS FLOODED, WHEN COLLEGE GOT FLOODED IN 2023, PEOPLE HAD TO GO TO THE FAIRGROUNDS TO STAY THERE AND THEY HAD TO GO ALL THE WAY AROUND TOWN UH, MAKING IT A EIGHT MILE DRIVE INSTEAD OF A TWO MILE DRIVE. OF COURSE, THE PRFMA REACH FLOOD, UH, NUMBER FIVE, FLOOD WALL ENHANCEMENTS. THAT'S THE AREA WHERE THE FLOODING IN WATSONVILLE BEGAN. AND SO IT'S IMPORTANT TO FIX THAT AREA TO A HUNDRED YEAR FLOOD LEVEL PROTECTION SO THAT WE ENSURE THAT IT DOESN'T HAPPEN AGAIN. AND OF COURSE, THE COUNTYWIDE CULVERTS REPLACEMENT PROGRAMS THAT ARE GONNA BE HAPPENING. THOSE ARE HAPPENING THROUGHOUT OUR DISTRICTS, ALL FIVE DISTRICTS. I THINK I HAVE ONE OR TWO IN THERE, BUT, OR ONE. BUT IT'S IMPORTANT TO MAINTAIN THOSE AS SUPERVISOR KOENIG MENTIONED TOO. SO I WILL BE MAKING A MOTION TO MOVE THIS ITEM. - SECOND. - THANK YOU. WE HAVE A MOTION FROM SUPERVISOR HERNANDEZ. A SECOND FROM SUPERVISOR CUMMINGS. SUPERVISOR CUMMINGS. - YEAH, I JUST WANTED TO THANK YOU ALL FOR THE HARD WORK YOU'VE DONE TO PUT INTO THESE PROJECT PROPOSALS AND JUST WISH YOU ALL THE BEST OF LUCK ON SECURING THE FUNDING. SO HOPEFULLY, WE GET EVERYTHING, BUT IF WE GET SOMETHING THAT'LL BE BETTER THAN NOTHING. - ANY FURTHER COMMENTS FROM MY LEFT? NO. UM, WELL, I'M REALLY HAPPY TO SUPPORT THIS, THIS MOTION AS WELL. UM, YOU KNOW, I THINK WHAT WE'VE LEARNED THROUGH THE MULTIPLE DISASTERS IS THAT YOU REALLY, YOU NEVER CAN BE TOO PREPARED. UM, IF YOU TAKE THE JUVENILE HALL EXAMPLE, LIKE, YOU KNOW, MULTIPLE THINGS COULD HAPPEN IN THE VALLEY. IT COULD BE A FLOOD, IT COULD BE AN EARTHQUAKE, COULD BE A DEVASTATING WILDFIRE. WE DON'T, WE DON'T KNOW. UM, SO HAVING STRONG INFRASTRUCTURE IN PLACE IN THE EVENT WHEN SOMETHING HAPPENS, UM, IS VERY IMPORTANT. AND SO I APPRECIATE THE THOUGHTFUL PLANNING YOUR DEPARTMENTS HAVE DONE TO BRING FORWARD PROJECTS THAT WILL STRENGTHEN THE FOUNDATION OF OUR COMMUNITY AND OUR INFRASTRUCTURE. SO WITH THAT, UM, SEEING NO FURTHER COMMENTS, MADAM CLERK, PLEASE CALL THE ROLL. - CERTAINLY, CHAIR, AND FOR THE RECORD, THIS APPLIES TO BOTH ITEMS EIGHT AND NINE, CORRECT? [03:20:03] - YES, BOTH ITEMS. - WONDERFUL. SUPERVISOR DE SERPA. - AYE. - KOENIG. - AYE. - HERNANDEZ. - AYE. - CUMMINGS. - AYE. - AND MARTINEZ. - AYE. MOTION PASSES FIVE TO ZERO. GOT A TWO FOR ONE THERE. - TWO FOR ONE. - UM, WITH THAT, IT IS 12:35, AND WE ARE GOING TO BE TAKING A RECESS FOR LUNCH. WE HAVE A SCHEDULED ITEM AT 01:30, AND WE ALSO HAVE A CLOSE SESSION. IS THERE ANYTHING REPORTABLE FROM CLOSE SESSION? - NO. - THANK YOU. WE WILL BE RETURNING AT 01:30. - AND IF PAULSON... - RECORDING STOPPED. [11. Conduct a “de novo” public hearing to consider Development Permit Application 241371, regarding a proposed 57-unit multifamily building located at 841 Capitola Road (Assessor’s Parcel Number 026-491-40), and take related actions] - GOOD AFTERNOON. I'LL NOW CALL OUR MEETING TO ORDER FOR ITEM NUMBER 11, OUR SCHEDULED ITEM. WE ARE HERE TO CONDUCT A DE NOVO PUBLIC HEARING TO CONSIDER DEVELOPMENT PERMIT APPLICATION 241371 REGARDING A PROPOSED 57 UNIT MULTIFAMILY BUILDING LOCATED AT 841 CAPITOLA ROAD AND TAKE RELATED ACTIONS. SO THAT EVERYONE KNOWS WHAT THE PROCESS IS GOING TO BE, I'M GOING TO INVITE STAFF TO PRESENT THEIR REPORT, THEN WE WILL HEAR FROM THE APPLICANT. THE APPLICANT WILL HAVE TEN MINUTES IN TOTAL, SO THEY CAN EITHER-EITHER- EITHER USE THEIR WHOLE TEN MINUTES DURING THEIR PRESENTATION OR RESERVE TIME FOR REBUTTAL AFTER WE HEAR FROM THE OPPOSING SIDE. AFTER THE APPLICANT SPEAKS, WE WILL HEAR FROM THE ORGANIZED PROJECT OPPONENT. THEY WILL ALSO HAVE TEN MINUTES TOTAL WHICH THEY CAN USE FULLY OR RESERVE PART OF THAT TIME FOR REBUTTAL. AFTER THE ORGANIZED PROJECT OPPONENT SPEAKS, THE APPLICANT CAN MAKE A REBUTTAL IF SO DESIRED, THEN THERE CAN BE AN OPPONENT REBUTTAL IF SO WISHED. AFTER THAT, WE WILL THEN OPEN IT UP TO PUBLIC COMMENT. WE WILL THEN RETURN BACK TO THE BOARD FOR QUESTIONS, DELIBERATIONS, AND ACTION. SO FOR MY COLLEAGUES, PLEASE NOTE THIS IS A LITTLE BIT DIFFERENT. WE'RE GONNA GO AHEAD AND HEAR FROM ALL THE PRESENTERS BEFORE WE ASK OUR QUESTIONS. AND WITH THAT, I AM READY TO HEAR FROM OUR STAFF REPORT. SO I BELIEVE WE HAVE HERE PLANNER JONATHAN DESALVO, WHO WILL PRESENT THE STAFF REPORT. - GOOD MORNING, CHAIR MARTINEZ, MEMBERS OF THE BOARD. JONATHAN DESALVO, CDI, PLANNING DIVISION STAFF. TODAY, WE'RE CONDUCTING A DE NOVO PUBLIC HEARING FOR DEVELOPMENT PERMIT NUMBER 241371, LOCATED AT 841 CAPITOLA ROAD. THE APPLICANT IS WORKBENCH AND THE APPEAL WAS FILED BY MICHAEL REESE ON BEHALF OF SUPPORTERS OF REASONABLE DEVELOPMENT FOR LIVE OAK. THE PROJECT INCLUDES A PROPOSAL TO CONSTRUCT 57 RESIDENTIAL UNITS WITHIN A FIVE STOREY MULTIFAMILY BUILDING AND ASSOCIATED SITE IMPROVEMENTS. THE PROJECT INCLUDES FOUR AFFORDABLE UNITS COMPRISING OF ONE VERY LOW INCOME OR VLI UNIT AND THREE EXTREMELY LOW INCOME OR ELI UNITS. THIS PROJECT RECEIVED APPROVAL BY THE PLANNING COMMISSION, HAVE A SITE DEVELOPMENT PERMIT PURSUANT TO SENATE BILL 330 AND BUILDER'S REMEDY PURSUANT TO GOVERNMENT CODE SECTION 65589.5, AND DENSITY BONUS PURSUANT TO GOVERNMENT CODE SECTION 65915. TO PROVIDE CONTEXT, PRELIMINARY SB 330 APPLICATION WAS SUBMITTED APRIL 9TH, 2024. A FORMAL BUILDER'S REMEDY APPLICATION FOLLOWED ON OCTOBER 3RD, 2024. THE APPLICATION WAS DEEMED COMPLETE IN JUNE 2025. THE PLANNING COMMISSION APPROVED THE PROJECT IN OCTOBER OF 2025. THE DECISION WAS APPEALED TO YOUR BOARD IN NOVEMBER. AND IN DECEMBER, YOU TOOK JURISDICTION AND DIRECTED STAFF TO SCHEDULE THIS DE NOVO HEARING. THE SUBJECT PROPERTY IS LOCATED IN THE SINGLE FAMILY RESIDENTIAL 05,000 SQUARE FEET PER UNIT OR R15 ZONE DISTRICT AS ARE THE ADJOINING PROPERTIES. PROPERTIES ACROSS THE STREET FROM THE PROJECT SITE ALONG THE SOUTH SIDE OF CAPITOLA ROAD ARE LOCATED WITHIN THE MULTIFAMILY RESIDENTIAL 04,000 SQUARE FEET PER UNIT OR RM4 ZONE DISTRICT. THE PROJECT SITE IS LOCATED WITHIN THE URBAN MEDIUM DENSITY RESIDENTIAL OR RUM GENERAL PLAN DESIGNATION. SURROUNDING PROPERTIES AND PROPERTIES ON THE OPPOSITE SIDE OF CAPITOLA ROAD ARE ALSO LOCATED WITHIN THE RUM DESIGNATION. THE FOLLOWING SLIDES ARE FEW PHOTOS OF THE PROJECT SITE. THIS PHOTO LOOKING NORTH SHOWS THE PROJECT SITE TO THE NORTH OF CAPITOLA ROAD. THIS SITE IS DEVELOPED WITH ONE EXISTING HOME AND SEVERAL OUTBUILDINGS. A HISTORIC EVALUATION PREPARED FOR THE PROJECT CONCLUDED THAT THE SUBJECT PROPERTY IS NOT ELIGIBLE FOR A LISTING AS A HISTORICAL RESOURCE. THIS IS A VIEW OF THE PROJECT FRONTAGE [03:25:02] AT THE TERMINUS OF GREY SEAL ROAD LOOKING EAST. THE FOLLOWING SLIDES SHOW THE SITE PLAN, ELEVATIONS, AND LANDSCAPE PLANS. THE FIVE STORY BUILDING IS PROPOSED ON THE NORTHERN HALF OF THE SITE, SETBACK APPROXIMATELY AT 169 FEET FROM THE CAPITOLA ROAD FRONTAGE, WITH THE SURFACE PARKING LOT CONTAINING 31 SPACES, LANDSCAPING ENTRIES IN THE FOREGROUND FOR THE VANTAGE POINT OF CAPITOLA ROAD. THE PROPOSED BUILDING IS SET BACK ABOUT 20 FEET FROM THE WEST SIDE PROPERTY LINE, 10 FEET FROM THE EAST SIDE PROPERTY LINE AND 15 FEET FROM THE REAR PROPERTY LINE AT THE NORTH SIDE OF THE SITE. THE PROJECT TAKES ITS PRIMARY VEHICULAR ACCESS VIA GREY SEAL ROAD. AN EMERGENCY VEHICLE ACCESS OR EVA WOULD BE PROVIDED AT THE SOUTHERN PROPERTY FRONTAGE FOR ACCESS TO CAPITOLA ROAD BY EMERGENCY VEHICLES ONLY. A FIVE FOOT WIDE SIDE-SIDEWALK IS PROVIDED INTERNALLY WITHIN THE PROJECT SITE, PROVIDING PEDESTRIAN CONNECTION THROUGHOUT THE SITE TO THE EXISTING SIDEWALKS ON BOTH SIDES OF GREY SEAL ROAD AND TO THE SIDEWALK ON CAPITOLA ROAD. ALONG THE CAPITOLA ROAD FRONTAGE, THE EXISTING CONDITIONS ARE A SMALL DRIVEWAY AND A SIX FOOT WIDE SIDEWALK WITH A CURB. TWO EXISTING CURVED LANDSCAPE ISLANDS ARE LOCATED IN FRONT OF THE SITE FRONTAGE WITHIN THE CAPITOLA ROAD ROADWAY PROVIDING FOR PROTECTED ON STREET PARKING LANE. THE PROJECT WOULD REPLACE THE EXISTING DRIVEWAY WITH A WIDENED DRIVEWAY TO ALLOW FOR ADEQUATE WIDTH FOR THE EVA WHICH WILL BE BLOCKED WITH REMOVABLE BOLLARDS. OTHER THAN WIDENING THE DRIVEWAY AND ADDING REQUISITE DRAINAGE AND UTILITY INFRASTRUCTURE, THE PROJECT WOULD RETAIN THE EXISTING STREETSCAPE AND TIE A NEW SIDEWALK PROVIDED AT THE BACK OF THE DRIVEWAY CUT TO THE EXISTING SIDEWALK ALONG THE CAPITOLA ROAD FRONTAGE. OTHER PROJECT IMPROVEMENTS INCLUDE ON AND OFF-SITE DRAINAGE AND SEWER INFRASTRUCTURE IMPROVEMENTS. THE PROPOSAL INCLUDES TWO LARGE BIOFILTRATION TREATMENT BASINS ON THE SITE LOCATED TO THE SOUTHEAST OF THE PARKING LOT. THE BASINS HAVE BEEN SIZED WITH SUFFICIENT VOLUME TO DETAIN RUNOFF PER THE STORM, DESIGN STORM AS SPECIFIED IN THE COUNTY DESIGN CRITERIA. ALL UTILITIES ARE AVAILABLE TO SERVE THE PROPOSED DEVELOPMENT AS INDICATED IN THE WELL SERVED LETTERS FROM THE CITY OF SANTA CRUZ WATER DEPARTMENT AND THE SANTA CRUZ COUNTY SANITATION DISTRICT. LASTLY, PURSUANT TO BUILDER'S REMEDY PROVISIONS, THE COUNTY MAY NOT REQUIRE A DEDICATION OF LAND AS A CONDITION OF APPROVING A HOUSING DEVELOPMENT PROJECT. THE PROJECT PROPOSES AN OVERALL BUILDING HEIGHT TO TOP OF ELEVATOR PENTHOUSE OF ABOUT 63 FEET SIX INCHES AND 54 FEET SIX INCHES TO TOP OF THE BUILDING'S ROOF. THE APPLICANT HAS REQUESTED A WAIVER TO ALLOW FOR THE HEIGHTENED STORIES OF THE BUILDING AS PROPOSED. THE BUILDING MASS IS MODULATED IN RECTANGULAR VOLUMES. THE BUILDING MASSING HAS CARVED AWAY ON THE TOP LEVEL TO ACCOMMODATE TWO ROOF TERRACES AND REDUCE THE BULK OF THE BUILDING. THE ROOF TERRACES ARE PROPOSED AT THE FRONT AND REAR OF THE BUILDING ON ITS FIFTH STORY AND INCLUDE LANDSCAPE PLANTERS AND SEATING AREAS. THE PROJECT PROPOSES A VARIETY OF WALL PLANES, MATERIALS, AND BALCONIES TO ENCOURAGE BUILDING ARTICULATION AND VISUAL INTEREST. THE MATERIAL PALETTE FOR THE PROJECT PRIMARILY INCLUDES STUCCO FIBER CEMENT BOARD, AND ACCENT BALCONIES WITH METAL RAILINGS. LANDSCAPING IS PROPOSED THROUGHOUT THE PROJECT SITE, INCLUDING A MIX OF TREES, SHRUBS, PERENNIALS, GRASSES, AND TRAILING PLANTS AND A MIX OF NATIVE AND NON NATIVE PLANTS. THIS SLIDE SHOWS THE NO-, SORRY, THE SOUTHERN HALF OF THE DEVELOPMENT. PLANTING IS IN THE TWO BIOETHANOL TREATMENT BASINS TO THE EAST OF THE PARKING LOT AND LANDSCAPING ALONG THE PERIMETER OF THE SITE. THIS SLIDE SHOWS THE NORTHERN HALF OF THE DEVELOPMENT, LANDSCAPING ALONG THE PERIMETER OF THE SITE, LINING THE PICNIC AREA AND ALONG THE DOG RUN AT THE REAR OF THE BUILDING. THE SB 330 PRELIMINARY APPLICATION PROVIDES AN OPTIONAL VESTING OPPORTUNITY FOR HOUSING DEVELOPMENT PROJECTS. UNDER SB 330, PROJECTS ARE SUBJECT ONLY TO THE ORDINANCES, POLICIES, STANDARDS, AND FEES IN EFFECT WHEN AN SB 330 PRELIMINARY APPLICATION IS SUBMITTED. THE BUILDER'S REMEDY IS A PROVISION OF THE HOUSING ACCOUNTABILITY ACT, OR HAA, THAT IS APPLICABLE TO QUALIFYING HOUSING DEVELOPMENT PROJECTS WHEN A PRELIMINARY APPLICATION IS SUBMITTED WHILE THE JURISDICTION LACKS A CERTIFIED HOUSING ELEMENT. ALTHOUGH THE COUNTY ADOPTED ITS 2023 HOUSING ELEMENT IN NOVEMBER 2023, THE STATE DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT OR HCD DID NOT CERTIFY [03:30:02] THE HOUSING ELEMENT UNTIL APRIL 2024, LEAVING APPROXIMATELY FOUR MONTHS WHEN DEVELOPERS COULD QUALIFY FOR THE BUILDERS REMEDY. THE APPLICANT SUBMITTED A SB 330 PRELIMINARY APPLICATION FOR A BUILDER'S REMEDY PROJECT DURING THE PERIOD BEFORE THE COUNTY'S HOUSING ELEMENT WAS CERTIFIED. THE HAA LIMITS THE LOCALS JURISDICTIONS' ABILITY TO DISAPPROVE A HOUSING PROJECT EXCEPT IN VERY SPECIFIC CIRCUMSTANCES AS DETAILED IN THE STAFF REPORT. THE JURISDICTION CANNOT DISAPPROVE THE BUILDER'S REMEDY PROJECT ON THE BASIS THAT DOES NOT COMPLY WITH THE COUNTY'S GENERAL PLAN AND ZONING ORDINANCE. IN SEPTEMBER 2024, THE GOVERNOR SIGNED A MAJOR REFORM OF THE BUILDER'S REMEDY PORTION OF THE HAA, THE BUILDER'S REMEDY 2.0 EFFECTIVE ON JANUARY 1ST, 2025. BUILDER'S REMEDY 2.0 MODIFIES THE ORIGINAL BUILDER'S REMEDY. HOWEVER, HOUSING PROJECTS THAT WERE SUBMITTED UNDER OR BEFORE THE EFFECTIVE DATE COULD OPT TO BE CONSIDERED UNDER THE NEW LAW. BUILDER'S REMEDY 2.0 EXPLICITLY ALLOWS A HOUSING DEVELOPMENT PROJECT DEEMED COMPLETE, MEANING A HOUSE, A SB 330 PRELIMINARY APPLICATION WAS SUBMITTED BEFORE JANUARY 1ST, 2025 TO BE REVISED EVEN IF THE REVISION RESULTS IN THE NUMBER OF RESIDENTIAL UNITS OR SQUARE FOOTAGE OF CONSTRUCTION CHANGING BY 20% OR MORE. THE APPLICANT ELECTED FOR THE PROVISIONS UNDER BUILDER'S REMEDY 2.0. BUILDER'S REMEDY 2.0 INTRODUCED NEW SITE RESTRICTIONS, SET NEW DENSITY LIMITS, AND ALLOWS YOUR SECTIONS TO IMPOSE OBJECTIVE STANDARDS THAT WOULD FACILITATE THE DENSITY AND UNIT TYPE PROPOSED BY THE APPLICANT. AS DETAILED IN THE PLANNING COMMISSION STAFF REPORT, THE PROJECT MEETS THE PROVISIONS OF BUILDER'S REMEDY 2.0. FOR OBJECTIVE STANDARDS, IF THE JURISDICTION HAS A ZONE DISTRICT THAT ALLOWS THE PROPOSED DENSITY AND UNIT TYPE AS PROPOSED BY THE PROJECT, THE JURISDICTION MAY REQUIRE THE PROJECT TO COMPLY WITH THE STANDARDS OF THAT ZONING DISTRICT OR GENERAL PLAN DESIGNATION TO FACILITATE THE PROJECT. THE RESIDENTIAL FLEX OR RF ZONE DISTRICT AND THE URBAN HIGH FLEX GENERAL PLAN DESIGNATION WILL ALLOW FOR THE PROJECT'S PROPOSED BASE DENSITY AND UNIT TYPE. THUS, THE OBJECTIVE STANDARDS FOR THAT ZONE DISTRICT WERE SELECTED. SO ONLY OBJECTIVE, MEANING QUANTIFIABLE, REQUIRING NO JUDGMENT AND WRITTEN DEVELOPMENT STANDARDS MAY BE APPLIED. IF THOSE STANDARDS DON'T PRECLUDE THE PROJECT AS PROPOSED BY THE APPLICANT FROM ACHIEVING THE PROPOSED DENSITY TO WHICH IT IS ENTITLED. UNDER BUILDER'S REMEDY 2.0 PROPOSED BY THE APPLICANT MEANS THE PLANS AND DESIGNS AS SUBMITTED BY THE APPLICANT, INCLUDING BUT NOT LIMITED TO DENSITY, UNIT SIZE, UNIT TYPE, SITE PLAN, BUILDING MASSING, FLOOR AREA RATIO, AMENITY SPACES, OPEN SPACE PARKING AND ANCILLARY COMMERCIAL USES. BUILDER'S REMEDY 2.0 ALSO ALLOWS APPLICANTS TO ADD ANY DENSITY BONUS, AFFORDED BY STATE DENSITY BONUS LAW, AND MAY APPLY CONCESSIONS, INCENTIVES, AND WAIVERS FOR WHICH THE PROJECT IS HELD BEFORE UNDER DENSITY BONUS LAW. AS MENTIONED BEFORE, THE HAA LIMITS LOCAL JURISDICTION'S ABILITY TO DISAPPROVE A QUALIFYING HOUSING PROJECT, EXCEPT IN VERY SPECIFIC CIRCUMSTANCES AS SUMMARIZED ON THIS SLIDE. THE PROJECT'S BASE DENSITY IS 40 UNITS, FOR BUILDER'S REMEDY 2.0 PROVIDING THREE ELI UNITS AS A 3% EXTRA CREDIT TO THE AFFORDABILITY PERCENTAGE OF 10% RESULTING IN A TOTAL OF 13% AFFORDABLE UNITS, WHICH QUALIFIES THE PROJECT FOR A 42.5% DENSITY BONUS EQUAL TO 17 BONUS UNITS, BRINGING THE TOTAL TO 57 UNITS, 40 BASE UNITS PLUS 17 BONUS UNITS. THE PROJECT THEREFORE QUALIFIES FOR TOTAL FOUR CONCESSIONS OR INCENTIVES AND AN UNLIMITED NUMBER OF WAIVERS. FOR BUILDER'S REMEDY 2.0, A PROJECT THAT UTILIZES DENSITY BONUS IS CONSIDERED CONSISTENT WITH THE GENERAL PLAN ZONING REGARDLESS OF ANY GRANTED RATE CONCESSIONS OR WAIVERS. A CONCESSION OR INCENTIVE REDUCES OR MODIFIES DEVELOPMENT STANDARDS OR CODE REQUIREMENTS, RESULTING IN IDENTIFIABLE AND ACTUAL COST REDUCTIONS TO PROVIDE FOR AN AFFORDABLE HOUSING PROJECT. WHILE APPLICANTS MUST INDICATE ELIGIBILITY FOR THE CONCESSIONS OR INCENTIVES, LOCAL AGENCIES CANNOT REQUIRE THEM TO SUBMIT PRO FORMAS OR OTHER DOCUMENTATION TO PROVE THAT THE REQUESTED CONCESSIONS OR INCENTIVES ARE NECESSARY TO MAKE THE PROJECT FINANCIALLY FEASIBLE. AN APPLICANT MAY ALSO REQUEST WAIVERS OF ANY DEVELOPMENT STANDARD THAT WOULD HAVE THE EFFECT OF PHYSICALLY PRECLUDING DEVELOPMENT AS PROPOSED BY THE APPLICANT. THE COUNTY MUST GRANT A REQUEST TO CONCESSION, INCENTIVE OR WAIVERS, UNLESS IT MAKES WRITTEN FINDINGS THAT THE CONCESSION OR INCENTIVE DOES NOT RESULT IN IDENTIFIABLE AND ACTUAL COST REDUCTIONS. THE CONCESSIONS, INCENTIVE OR WAIVER WOULD CAUSE SPECIFIC ADVERSE IMPACT UPON PUBLIC HEALTH, SAFETY, OR ANY PROPERTY LOCATED IN THE CALIFORNIA REGISTERED HISTORIC RESOURCES. OR THE CONCESSIONS, INCENTIVE OR WAIVER WILL BE CONTRARY [03:35:03] TO STATE OR FEDERAL LAW. PLEASE NOTE, A SPECIFIC ADVERSE IMPACT AS DEFINED BY STATE LAW, MEANS A SIGNIFICANT, QUANTIFIABLE, DIRECT, AND UNAVOIDABLE IMPACT BASED ON OBJECTIVE, IDENTIFIED, WRITTEN HEALTH, PUBLIC HEALTH OR SAFETY STANDARDS, POLICIES OR CONDITIONS AS THEY EXISTED ON THE DATE THE APPLICATION WAS DEEMED COMPLETE. AS NOTED, STATE LAW REQUIRES GRANTING CONCESSIONS AND WAIVERS UNLESS SPECIFIC FINDINGS ARE MADE. STAFF RECOMMENDS APPROVAL OF MOST REQUESTS, BUT DENIAL OF THE REQUESTED ADU CONVERSION INCENTIVE BASED ON THE FINDING THAT IT WOULD VIOLATE STATE LAW. FOR PARKING, STAFF RECOMMENDS APPROVAL OF THEIR REVISED CONCESSION FOR 31 SPACES WITH A MINIMUM PARKING FIELD FOR 27 SPACES WHILE MEETING STATE AND FEDERAL LAW REQUIREMENTS FOR ADA AND EV SPACES. IN REGARD TO WAIVER NUMBER FOUR, OF ALL COUNTY PARKING STANDARDS. STAFF RECOMMENDS DENYING THIS WAIVER IN PART. ONLY INCENTIVES OR CONCESSIONS MAY BE USED TO REDUCE THE NUMBER OF PARKING SPACES. HOWEVER, THE WAIVER FOR ALL OTHER COUNTY PARKING STANDARDS SUCH AS WAY TO DESIGN, COMPLIES WITH STATE DENSITY BONUS LAW, AND MUST BE GRANTED. THE PROJECT IS STATUTORILY EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT OR CEQA, PURSUANT TO PUBLIC RESOURCES CODE OR PRC SECTION 21080.66. THIS EXEMPTION EXPRESSLY INCLUDES BUILDER'S REMEDY PROJECTS. THE PROJECT ALSO MEETS ALL CRITERIA OF THE EXEMPTION AS DETAILED IN THE NOTICE OF EXEMPTION PROVIDED IN EXHIBIT A ATTACHED TO THE PLANNING COMMISSION STAFF REPORT. THE STATUTORY EXEMPTION FOR ALL ASPECTS OF A QUALIFYING HOUSING PROJECT AND THERE ARE NO EXCEPTIONS TO THE EXEMPTION. AS NOTED EARLIER, THE PLANNING COMMISSION DECISION TO APPROVE THE PROJECT WAS APPEALED TO YOUR BOARD. IN DECEMBER, YOU TOOK JURISDICTION AND DIRECTED STAFF TO SCHEDULE THIS DE NOVO HEARING. IN THEIR APPEAL, THE APPELLANT RAISED CONCERNS ABOUT HOUSING, ELEMENT COMPLIANCE, HEALTH AND SAFETY, ACCESS CONFIGURATION, AND PARKING. THESE ISSUES HAVE BEEN ADDRESSED IN THE BOARD'S STAFF REPORT FOR THIS HEARING. AT YOUR DECEMBER JURISDICTIONAL APPEAL HEARING, YOU DIRECTED STAFF TO REVIEW ALTERNATIVES FOR PROVIDING ACCESS TO THE DEVELOPMENT. PER YOUR DIRECTIVE, THE PUBLIC WORKS TRAFFIC ENGINEERING DIVISION EXPOUNDED ON ITS ANALYSIS OF THE APPROVED GREY SEAL ROAD ACCESS VERSUS AN ALTERNATIVE ACCESS FROM CAPITOLA ROAD, AND A MEMORANDUM PROVIDED AS ATTACHMENT B TO THE BOARD STAFF REPORT. IN SUMMARY, STAFF CONCLUDED GREY SEAL ROAD REMAINS THE SAFEST OPTION AND SHOULD DIRECT CONNECTION TO CAPITOLA ROAD BE PURSUED. ENGINEERING STAFF RECOMMEND AN ADDITIONAL OR AMENDED TRAFFIC STUDY BE PREPARED TO EVALUATE THE OPERATIONAL AND SAFETY FEASIBILITY OF CONNECTION. AS A REMINDER, STATE DENSITY BONUS LAW DOES NOT PERMIT THE COUNTY TO CONDITION THE APPROVAL OF THE PROJECT ON CONDUCTING THIS STUDY. THE APPLICANT HAS PROVIDED RESPONSES TO ISSUES RAISED BY THE APPELLANT AS WELL AS TO SELECT COUNTY ACTIONS. THE APPLICANT REVISED THE PARKING CONCESSION AND INTENDING TO PROVIDE 31 SPACES AS DESIGNED, BUT REQUESTING FLEXIBILITY TO REDUCE PARKING TO 27 SPACES, IN CASE FUTURE CHANGES IN ADA AND EV PARKING REQUIREMENTS UNDER STATE AND FEDERAL LAW RENDER THE 31 SPACES AND FEASIBLE TO FIT INTO THE PROPOSED PARKING FIELD. THE APPLICANT REITERATED THE CONVERSION ADU INCENTIVE DISAGREEING WITH THE RECOMMENDATION TO DENY THE INCENTIVE BASED ON THE COUNTY'S POSITION THAT REQUEST TO BE CONTRARY TO STATE LAW. THE APPLICANT ALSO OPPOSES APPLICATION OF THE AFFORDABLE HOUSING IMPACT FEE OR AHIF AND REQUESTED CHANGES TO INDEMNIFICATION LANGUAGE IN THE CONDITIONS OF APPROVAL IN CONFORMANCE WITH STATE LAW. STAFF AGREES WITH THE PARKING CONCESSION AND ADDED INDEMNIFICATION LANGUAGE REVISION, BUT RECOMMENDS DENIAL OF THE CONVERSION ADU INCENTIVE AND MAINTAINS THE APPLICABILITY OF THE AHIF. IN CONCLUSION, AS SUMMARIZED, THE RECOMMENDED ACTIONS FOR THE BOARD ARE AS FOLLOWS, CONDUCT THE DE NOVO HEARING, APPROVE APPLICATION 241371 WITH FINDINGS AND CONDITIONS, DENY THE ADU INCENTIVE REQUEST, REVISE THE AFFORDABLE HOUSING IMPACT FEE CONDITION, ROMAN NUMERAL II-Q, AS IMPOSED BY THE PLANNING COMMISSION, AND DETERMINE THE PROJECT IS EXEMPT FROM CEQA. STAFF IS AVAILABLE FOR QUESTIONS AND APPLICANT AND APPELLANT ARE PRESENT AS WELL TO PROVIDE COMMENTS. THANK YOU. - THANK YOU FOR THE STAFF PRESENTATION. WE WILL NOW HAVE TEN MINUTES FOR THE APPLICANT TO RESPOND. [03:40:02] - CHAIR, IF I COULD MAKE A COMMENT BRIEFLY. STAFF HAS SPENT AN INCREDIBLE AMOUNT OF TIME WORKING ON THIS APPLICATION. MY OFFICE HAS SPENT AN INCREDIBLE AMOUNT OF TIME WORKING ON THIS APPLICATION. ABOUT THREE HOURS AGO, I WAS NOTIFIED THAT THE APPLICANT'S ATTORNEY SUBMITTED A NEW LETTER ON THE AHIF, WHICH IS THE FOURTH RECOMMENDED ACTION. IT'S UNFORTUNATE THAT WE RECEIVED THAT LETTER ROUGHLY THREE HOURS AGO. UNFORTUNATE IS ONE OF MANY ADJECTIVES THAT COME TO MIND, BUT I'LL LEAVE IT AT UNFORTUNATE. UM, WE HAVE HAD, MY OFFICE HAS HAD A CHANCE TO REVIEW THAT APPLICATION, UM, OR THEY, THE APPLICANT'S, UH, LATE FILED CORRESPONDENCE, AND WE THINK IT WOULD BE THE MOST PRUDENT TO TAKE A SLIGHTLY DIFFERENT TACK ON RECOMMENDED ACTION FOUR. MY OFFICE HAS WORKED WITH PLANNING STAFF ON A REVISED CONDITION OF APPROVAL TO Q, RELATED TO THE AFFORDABLE HOUSING IMPACT FEE THAT MS. KURKISH CAN TALK ABOUT AND DESCRIBE IN MORE DETAIL WHEN YOUR BOARD GETS TO THAT PART OF YOUR DELIBERATIONS. BUT I WANTED TO LET YOU KNOW UPFRONT, UM, THAT WE HAVE REVIEWED THIS LETTER AND WE BELIEVE THAT WE'VE COME UP WITH A CONDITION OF APPROVAL UH, THAT WILL BE, UM, MORE SUCCESSFUL SHOULD THIS MATTER LEAD TO LITIGATION? - EXCUSE ME, COULD YOU IDENTIFY YOURSELF, WHO YOU WORK FOR? I DON'T KNOW. I'M, I'M JUST, I DON'T KNOW WHAT OFFICE YOU'RE IN. - MY NAME'S JASON HEATH. I'M THE COUNTY COUNSEL FOR THE COUNTY OF SANTA CRUZ. - THANK YOU. - THANK YOU FOR THAT INFORMATION. UM, GIVEN THAT UPDATE, UM, OUR BOARD HAS AN OPTION TO CONTINUE WITH THE HEARING AND HERE FROM THE APPLICANT AND THEN THE OPPOSITION. UM, I, I KNOW IT WOULD ALSO BE A, UH, AN OPTION IF WE WERE WANTING TO DEFER FOR 30 DAYS TO GIVE ADDITIONAL TIME TO, UM, REVIEW THE INFORMATION. AND SO, UM, I... - YEAH, I, I MEAN, I MEAN SOME, SOME, SOME BOARDS, YOU KNOW, WOULD CHOOSE TO CONTINUE A MATTER LIKE THIS FOR ANOTHER 30 DAYS TO TAKE IN WHATEVER MORE INFORMATION IS BEING PROVIDED AT THE LAST MINUTE BY SOMEBODY. I'M NOT RECOMMENDING THAT WE DO THAT IN THIS INSTANCE BECAUSE I FEEL LIKE WE HAVE REVIEWED THE MATERIAL AND HAVE HAD A CHANCE, UH, TO DO IT. BUT, UH, A BOARD COULD BE JUSTIFIED IN DOING THAT. - THANK YOU. HEARING THAT, UM, YOUR, THAT'S NOT YOUR RECOMMENDATION. I'M INCLINED TO PROCEED WITH THE HEARING. UM, ANY FURTHER COMMENTS UP HERE BEFORE I ASK THE APPLICANT TO.. - OH, YEAH, I'LL JUST SAY, I THINK, UM, YOU KNOW, IF WE ARE, IF COUNTY COUNCIL SAYS WE'RE READY TO PROCEED TODAY, THAT WE SHOULD DO SO. I MEAN, WE'VE GOT, UH, I THINK EVERYONE FROM THE PUBLIC HERE WE'VE GOT THE APPLICANT HERE, WE'VE GOT THE APPELLANT HERE. UM, AND IF WE'VE GOT ALL THE INFORMATION WE NEED ON OUR SIDE, I'D SAY WE SHOULD PROCEED. - SUPERVISOR CUMMINGS. - I JUST WANT SOME CLARIFICATION HERE BECAUSE WE WERE JUST READ KINDA THE RECOMMENDED ACTIONS FOR THE BOARD TO CONSIDER. IT SOUNDS LIKE YOU ALL HAVE A DIFFERENT RECOMMENDED... IS IT THAT YOU HAVE AN ACTION THAT'S DIFFERENT FROM WHAT WAS JUST READ? - ONLY ON RECOMMENDED ACTION FOR... - SO I'M WONDERING IF IT WOULD BE APPROPRIATE FOR US TO HEAR WHAT THAT IS... - YEAH, SO... - ...FOR THE PUBLIC TO KNOW, BECAUSE... - SURE. SO I'LL, SO I'LL, I'LL ASK, I'LL ASK MS. KURKISH TO COME UP TO THE MIC AND, UH, DESCRIBE FOR YOU WHAT WE ARE RECOMMENDING FOR, UH, NEW RECOMMENDED ACTION FOR THAT COULD BE INCORPORATED IN A MOTION, UM, IF, IF AND WHEN THAT TIME COMES. - AND THEN IF IT'S APPROPRIATE MAYBE THE DIFFERENCE BETWEEN WHAT WAS CURRENTLY RECOMMENDED AND WHAT'S BEING PROPOSED. - YEAH, I'LL ASK MS. KURKISH TO SPEAK TO THAT. THANKS. - HELLO, NATALIE KURKISH, ASSISTANT COUNTY COUNSEL. UM, SO FIRST I'LL PROVIDE A LITTLE BIT OF CONTEXT. UM, YOU KNOW, UH, THE COUNTY'S INCLUSIONARY ORDINANCE REQUIRES RENTAL PROJECTS TO PAY AN AFFORDABLE HOUSING IMPACT FEE. AS AN ALTERNATIVE, THE APPLICANT MAY REQUEST TO MEET THIS REQUIREMENT BY PROVIDING 15% AFFORDABLE UNITS. ANOTHER ALTERNATIVE IS THAT FOR DENSITY BONUS PROJECTS, THE APPLICANT CAN RECEIVE A CREDIT [03:45:03] FOR THE FOUR LOW INCOME UNITS PROVIDED AGAINST THE AFFORDABLE HOUSING IMPACT FEE BY INCLUDING THOSE UNITS IN THE COUNTY'S MEASURE J PROGRAM. OF THESE OPTIONS, THE DEVELOPER ELECTED TO PAY THE FEE, BUT THEY STATED THEY WOULD BE PAYING THE FEE UNDER PROTEST, AND IN THEIR LETTER AND WHAT THEY'RE GOING TO TELL YOU TODAY OR THEIR REASONS BEHIND, UM, BEHIND THAT. I'LL REITERATE THAT STAFF MAINTAINS THE APPLICABILITY OF THE AFFORDABLE HOUSING IMPACT FEE. UM, THE ALTERNATE CONDITION THAT WE WOULD PROPOSE IS, UM, THAT, UH, IT WOULD REPLACE THE REQUIREMENT TO PAY THE AFFORDABLE HOUSING IMPACT FEE WITH THE REQUIREMENT TO INCLUDE THE FOUR UNITS, THE FOUR EXISTING UNITS INTO THE COUNTY MEASURE J PROGRAM, AND WOULD MAKE CLEAR THAT THOSE UNITS WOULD ONLY BE SUBJECT TO STATE LAW AS REQUIRED BY THE HOUSING ACCOUNTABILITY ACT. UM, AND IT'S AT YOUR DISCRETION TO REPLACE THIS CONDITION AT THE TIME YOU MAKE YOUR MOTION. - SO THAT'S THE LETTER THAT THEY WROTE ABOUT THEM WANTING TO DO THAT? IS THAT WHAT THE LETTER WAS ABOUT THREE HOURS AGO? - THEIR LETTER CHALLENGES THE APPLICABILITY OF THE AFFORDABLE HOUSING IMPACT FEE BASED ON SEVERAL GROUNDS. IT CHALLENGES THE APPLICABILITY OF THE 15% INCLUSIONARY ORDINANCE AND IT CHALLENGES THE APPLICABILITY OF, UM, CERTAIN STATE BUILDER'S REMEDY REQUIREMENTS ON COMPARABLE UNIT, UH, COUNT FOR OR PAR-, COMPARABLE ROOM COUNT FOR THE AFFORDABLE UNITS. AND THEY'LL CERTAINLY EXPLAIN THAT TO YOU IN GREATER DETAIL. - THANK YOU. UM, I THINK IT WOULD BE HELPFUL FOR US TO HEAR FROM THE APPLICANT NEXT. UM, AND SO I'M GONNA ASK THE CLERK TO SET THE TIMER FOR 10 MINUTES. AS A REMINDER, YOU HAVE 10 FULL MINUTES, AND SO YOU CAN BREAK THAT UP FOR REBUTTAL AS WELL, OR, UM, YOU HAVE 10 MINUTES TODAY. - THANK YOU. WE'LL TRY AND RESERVE A FEW MINUTES FOR LATER. AND I'M GONNA TRY AND BE QUICK BECAUSE I THINK THE AFFORDABLE HOUSING PIECE IS PRETTY CRITICAL. BUT TO START OFF, HELLO, MY NAME'S TIM GORDON. I AM THE APPLICANT FOR THE PROJECT AT 841 CAPITOLA. I JUST WANT TO THANK YOU ALL FOR THE TIME... - CAN YOU, IS YOUR MIC ON? IS IT GREEN THERE? - IT IS GREEN, YEAH. - CAN YOU JUST PULL IT A LITTLE CLOSER TO YOUR MOUTH IF THAT'S THE CASE. I KNOW YOU'RE VERY... A LITTLE TRY TO... YEAH. - UH, OH, YEAH, THERE WE GO. THANKS. THAT'S BETTER. UH, WHERE WAS I? YEAH, THANK YOU ALL FOR THE TIME YOU SPENT ON THIS SO FAR. I KNOW, SECOND HEARING, VERY COMPLICATED. AS MR. [INAUDIBLE] SAID, THIS HAS TAKEN OUR TEAM, HIS TEAM, YOU ALL'S TEAM, EVERYONE, TONS OF TIME AND, UH, WE JUST REALLY APPRECIATE IT. I WANT TO ALSO SAY A HUGE THANK YOU TO MY TEAM, WHICH CLAY'S HERE, AND I'VE GOT A STAFF BACK AT THE OFFICE LISTENING, AND I CAN'T TELL YOU HOW HARD THEY WORK TO REALLY PROVIDE HOUSING FOR OUR COMMUNITY. MOST OF THEM LIVE HERE, WORK HERE. WE WANT TO DO OUR BEST TO, UH, SOLVE THIS HOUSING CRISIS. IT'S WHAT WE'RE PASSIONATE ABOUT. UM, I JUST WANNA TALK A FEW PRACTICAL POINTS WITH THE APPEAL STUFF THAT I SAID IN THE LAST HEARING, SO, I APOLOGIZE IT'S REDUNDANT. IT'S, UM, UH, BUT I'LL JUST DIVE IN FIRST OFF, ON THE APPEAL, THE HOUSING ELEMENT TIMELINE, THE CORE OF THE APPEAL IS BASICALLY IGNORE THE STATE'S OFFICIAL CERTIFICATION DATE AND USE OUR EMAIL AND PHONE CALLS INSTEAD. AND ANYONE WHO'S EVER TRIED TO GET A PERMIT ANYWHERE UNDERSTANDS THAT, I GOT AN EMAIL IS NOT THE SAME AS THEY GOT AN APPROVAL. SO THE STATE CERTIFIES THE HOUSING ELEMENT WHEN IT ISSUES ITS FORMAL LETTER. THIS WAS SUBSTANTIATED BY STATE LAW THIS YEAR, AND HCD MULTIPLE TIMES. HCD EVEN WEIGHED IN ON THIS PROJECT IN PARTICULAR, WHICH YOU HAVE IN YOUR STAFF REPORT. UM, SO YOU DON'T HAVE TO BELIEVE ME, BUT I WOULD, I WOULD TRUST THEM. SECOND, THE SAFE, UH, SAFETY IN THE BOLLARD LOCATION. UM, THE APPEAL KEEPS USING THE PHRASE HEALTH AND SAFETY, BUT THEN THEY IGNORE THE ACTUAL SAFETY WORK DONE BY ALL THE EXPERTS THAT HAVE REVIEWED THIS, INCLUDING STAFF, INCLUDING FIRE, PUBLIC WORKS, PROFESSIONAL TRAFFIC ENGINEERS. THEY ALL CAME TO THE SAME CONCLUSION THAT ACCESS THROUGH GA-, GRAY SEAL IS THE ONLY SAFE WAY TO SERVE THE SITE. PULLING CARS ON TO CAPITOLA ROAD INTRODUCES MORE CONFLICT POINTS AND MORE RISK AND WILL LEAD TO COLLISIONS. SO A DECISION TO MOVE THE BOLLARD IS NOT JUST A SMALL COMPROMISE, IT'S MOVING AWAY FROM THE SAFEST DECISION TO, YOU KNOW, OVER THE OBJECTION OF THE PROFESSIONALS. AND REALLY WHAT IT IS, IS SAYING PUBLICLY THAT THE SAFETY OF THE PEOPLE THAT DRIVE ON CAPITOLA ROAD, THE SAFETY OF THE RESIDENTS OF OUR FUTURE PROJECT ARE LESS IMPORTANT AND, AND ARE WILLING TO BE PUT AT RISK. [03:50:01] UM, SO I, I REALLY HOPE THAT WE DON'T MAKE A CHANGE TO THOSE BOLLARDS TODAY. UH, THIRD, PARKING AND TRAFFIC. THIS ONE PR-, I'LL KEEP IT SIMPLE. I MEAN, YOU CAN'T HAVE BOTH. YOU CAN'T HAVE MORE PARKING AND LESS TRAFFIC. YOU GET, YOU GOTTA PICK. UH, THE MORE CARS YOU HAVE ON SITE, THE MORE TRAFFIC YOU HAVE. SO WE'RE TRYING TO FIND A BALANCE WHERE WE CAN FIT AS MANY PEOPLE AS WE CAN ON THE SITE, WHICH, AS YOU SEE, WE'VE TAKEN UP EVERY SQUARE INCH THAT WE COULD POSSIBLY FIT. THAT'S NOT A BUILDING OR STORM WATER, AND WE'VE GIVEN IT TO PARKING. UM, WE'RE COMMITTED TO THAT. UNFORTUNATELY, WE CAN'T GET IT TO A ONE-TO-ONE. I ALSO WANNA COMMENT AS A REMINDER, I KNOW I SAID THIS LAST TIME ALSO, 11 HOMES IN GRAY SEAL ROAD ACTUALLY DID A RECOUNT. THEY'VE GOT SOMETHING LIKE 58 PRIVATE PARKING SPACES. THAT'S ALMOST A SIX-CAR DRIVEWAY AND GARAGE FOR EACH RESIDENT. SO THE IDEA THAT WE'RE GONNA IMPACT THEIR STREET PARKING DOESN'T QUITE MAKE A LOT OF SENSE. UM, SO AS OF I POINTED OUT, I FEEL LIKE THERE'S NO MERIT TO THE APPEAL. WHERE DOES THAT LEAVE, LEAVE US. UM, WE'VE REALLY GOT UNANIMOUS PLANNING COMMISSION APPROVAL MULTIPLE STAFF REPORTS, FORMAL FINDINGS, EXTENSIVE INPUT FROM EVERYONE IN THIS ROOM, MULTIPLE LETTERS ON THE RECORD FROM OTHER ATTORNEYS THAT ARE NOT US THAT HAVE STATED THE SAME. UM, THE PROJECT IS LEGAL. THE RECORD IS SOLID, AND WE REALLY HOPE YOU APPROVE IT. LASTLY, I JUST WANNA SAY THAT THE COUNTY AND WORKBENCH ARE NOT ADVERSARIES IN THIS. IT IS COMPLICATED AND IT'S HARD, AND SOME THINGS COME LAST MINUTE BECAUSE WE GET A STAFF REPORT ON A FRIDAY, AND IT'S KIND OF HARD TO RESPOND IN TIME. SO I APOLOGIZE THAT THERE'S SOME LAST MINUTE BACK AND FORTH. THAT'S KIND OF HOW IT GOES, UNFORTUNATELY. BUT I JUST WANNA REMIND EVERYONE THAT THERE'S ALL RULES THAT WE ALL HAVE TO FOLLOW. THE NEW HOUSING LAWS ARE, ARE NEW. BUT WE'RE DOING OUR BEST. WE APPRECIATE YOU GUYS DOING YOUR BEST AND WORKING HARD TO WORK WITH US TO CREATE, UH, 57 NEW HOMES FOR RENTERS IN OUR COMMUNITY. WITH THAT, I'LL TURN IT OVER TO OUR ATTORNEY, RYAN PATTERSON, WHO CAN TALK ON THE AFFORDABLE HOUSING IMPACT FEES. - THANK YOU VERY MUCH. RYAN PATTERSON, PROJECT ATTORNEY. UH, CHAIR MARTINEZ, AND SUPERVISORS, I APPRECIATE YOUR TIME AND TO COUNTY COUNCIL, I PERSONALLY APOLOGIZE FOR THAT LETTER COMING IN LATE. WE RECEIVED THE STAFF REPORT FRIDAY NIGHT, AND MY TEAM WORKED THROUGH THE WEEKEND TO TURN THE LETTER AROUND THIS MORNING. SO APPRECIATE ALL YOUR TIME YOU'VE SPENT. UH, FIRST, THE AFFORDABLE HOUSING IMPACT FEE CONDITION. UM, AS THE US SUPREME COURT HAS CONFIRMED, ANY IMPACT FEES HAVE TO BE PROPORTIONAL TO THE IMPACT OF A PROJECT. UM, IN THIS CASE, THE COUNTY HAS, UH, AN ORDINANCE THAT TRIES TO, UH, SET AN IMPACT FEE, UH, PER THE PROJECT SIZE. UM, AND THAT HAS THREE WAYS OF DOING IT. YOU CAN EITHER INCLUDE ONSITE, YOU CAN PAY A FEE, OR YOU CAN COUNT DENSITY BONUS UNITS TOWARD, UH, THE INCLUSIONARY REQUIREMENT. UM, WHILE WE DON'T BELIEVE THAT THE PROJECT HAS ANY SUCH IMPACTS ON AFFORDABLE HOUSING BECAUSE IT'S PROVIDING HOUSING, UM, STAFF HAS CONFIRMED IN WRITING THAT, UH, ANY AFFORDABLE HOUSING IMPACTS ARE ALREADY MITIGATED FULLY BY THE PROJECT'S ONSITE INCLUSION. UM, THEREFORE ADDITIONAL FEES CANNOT BE CHARGED. AND THIS IS EFFECTIVELY PROVEN OUT BY THE THIRD OPTION PROVIDED IN THE STAFF REPORT. UM, THE BUILDER'S REMEDY AND DENSITY BONUS LAW ALSO PREEMPT LOCAL INCLUSIONARY RULES, AND WE CAN REFERENCE THE HCD WEST HOLLYWOOD LETTER OF 2022 FOR THIS. UM, TO BE CLEAR, WE ARE OPTING FOR THE BUILDER'S REMEDY 1.0 PROVISION ON INCLUSIONARY, UM, WHICH IS ALLOWED BY AB 1893. AND BUILDER'S REMEDY 1.0 DID NOT ALLOW FOR LOCAL INCLUSIONARY REQUIREMENTS. UH, 2.0 ALLOWED IT FOR THE FIRST TIME. AND THE ABSENCE OF THAT IN THE FIRST ITERATION OF THE BUILDER'S REMEDY MEANS THAT THAT WAS NOT ALLOWED TO BE APPLIED BY, UH, MUNICIPALITIES, BY COUNTIES. UM, UNDER, UH, THE COMPARABILITY ISSUE, UM, AGAIN, WE ARE OPTING FOR BUILDER'S REMEDY 1.0 ON THIS. UM, 1.0 DOES NOT ALLOW FOR LOCAL UNIT COMPARABILITY REQUIREMENTS TO BE APPLIED. UM, ALSO, THE COUNTY CODE'S COMPARABILITY REQUIREMENT ONLY APPLIES WHEN THE UNITS ARE BEING PROVIDED PER THE LOCAL COUNTY ORDINANCE, THE LOCAL INCLUSIONARY PROGRAM. AND THIS PROJECT IS USING THE STATE DENSITY BONUS LAW AND STATE BUILDERS REMEDY, NOT THE LOCAL, UH, PROGRAM. SO THAT DOESN'T APPLY IN THE FIRST PLACE. UM, BUT EVEN IF IT DID, TO THE EXTENT THAT ALL OF THE AVAILABLE CONCESSIONS HAVE NOT BEEN GRANTED OR UTILIZED, WE INVOKE A CONCESSION FOR UNIT COMPARABILITY REQUIREMENTS TO NOT COMPLY WITH THE LOCAL CODE, UH, IN ORDER TO REDUCE THE COST OF PROVIDING AFFORDABLE UNITS BY REDUCING THE SIZE, BY FACILITATING THE LAYOUT OF THE PROJECT. AND, UH, I WOULD, AGAIN, REFERENCE HCD LETTER OF, UH, 2024 TO, UH, SONOMA. UM, THE APPLICANT HAS ALSO CONFIRMED IN WRITING THAT, [03:55:02] UH, THESE CONDITIONS WOULD RENDER THE PROJECT INFEASIBLE. UH, SO IT IS EXPLICITLY PROHIBITED BY BUILDER'S REMEDY 2.0, UH, FROM, FOR APPLYING THESE CONDITIONS, UH, FOR THAT REASON AS WELL. UM, NOW THE PENALTIES FOR WRONGFULLY IMPOSING CONDITIONS NOWADAYS ARE ACTUALLY QUITE STEEP. UNDER A NEW LAW AB 712, THE PENALTIES HERE WOULD BE $2.85 MILLION, GIVEN THAT HCD HAS ALREADY SENT WRITTEN ADVICE TO THE COUNTY. UM, AND THERE ARE LETTERS FROM CALIFORNIA HOUSING DEFENSE FUND AND DMV LAW THREATENING LITIGATION. UM, SO AGAIN, THANK YOU VERY MUCH FOR ALL THE TIME THAT STAFF AND YOU HAVE SPENT ON THIS PROJECT. WE APPRECIATE IT, UH, VERY MUCH. AND WE'LL RESERVE THE REMAINING TIME FOR REBUTTAL. - THANK YOU. UM, MADAM CLERK, PLEASE STOP THE TIME. UM, I WILL NOW PROVIDE THE ORGANIZED PROJECT OPPONENT AN OPPORTUNITY TO SPEAK FOR 10 MINUTES. DO WE HAVE ANYBODY REPRESENTING? THANK YOU. - OUR ATTORNEY'S GONNA BE SPEAKING. I THINK HE HAS [INAUDIBLE] TO SHARE. - UH, GOOD AFTERNOON, CAN EVERYONE HEAR ME? - WONDERFUL, OKAY, THANK YOU. SO OUR PRESENTER'S ONLINE. HOLD UP. - RESTART THE TIMER. OKAY. - HOLD UP ONE SECOND. UM, LET'S JUST MAKE SURE THAT WE HAVE THE SLIDES UP. WE DIDN'T REALIZE YOU WERE ONLINE. THANK YOU. - I'VE STARTED THE TIMER. - BUT WE CAN'T SEE THE... - WONDERFUL. UM, ACTUALLY... - I'M SORRY IF I DON'T SEE THE SLIDES, CAN YOU RESET THE TIMER, SO... - WE'LL LET YOU KNOW, UM, WHEN WE HAVE OUR TECH SET UP. - OKAY. AND, AND THEN I'LL, I'LL ALERT YOU WHEN YOUR TIME STARTS AND ALSO I'LL ASK YOU TO START BY INTRODUCING YOURSELF. - SURE. CAN YOU ALL SEE ME OR JUST HEAR ME? - HEAR, JUST HEAR YOU. - AT, AT THIS TIME WE CAN JUST HEAR YOU, BUT WE'RE, OUR TECH ISN'T FULLY SET UP YET. - CHAIR, AT THIS POINT, IF YOU GUYS WISH TO SEE THE SLIDES, YOU WON'T BE ABLE TO SEE HIM. - DO YOU WANT ME TO [INAUDIBLE]. - I'D RATHER YOU SEE THE SLIDES. - YEAH, SO WE'RE GONNA ASK YOU, MADAM CLERK, TO PUT THE SLIDES UP. WE WON'T SEE YOU. AND HOPEFULLY YOU CAN SET A TIMER FOR YOURSELF. AND WE WILL ALSO HAVE A TIMER ON. - WE HAVE A SECONDARY TIMER GOING. - WONDERFUL. AND SO, UM, GO AHEAD AND BEGIN. - GREAT, THANK YOU, MS. CHAIR, MEMBERS OF THE BOARD. MY NAME IS MARK WOLFE. I'M A LAND USE LAWYER, AND I'M HERE REPRESENTING THE APPELLANT MIKE REESE. UH, BEFORE I TURN TO THE SLIDES, I DID WANT TO JUST GIVE A QUICK OVERVIEW OF MY PRESENTATION. UH, I'M GONNA BE TALKING ABOUT SOME FACTS, SOME LAW, AND SOME POLICY. UH, I THINK FACTS ARE GONNA SHOW THAT, UH, AND THERE SHOULD BE NO DISPUTE THAT YOU HAD A FULLY, SUBSTANTIALLY COMPLIANT HOUSING ELEMENT AS OF FEBRUARY, 2024. UH, AND THIS WAS AFFIRMED IN WRITING BY HCD, AND HCD SUBSEQUENTLY AFFIRMED ALSO IN WRITING THAT IT HAD UNDERTAKEN NO ADDITIONAL SUBSTANTIVE REVIEW OF YOUR ELEMENT AFTER THAT DATE. IN TERMS OF THE LAW, WHAT I THINK THE LAW IS GONNA SAY IS THAT THE HOUSING ELEMENT LAW, THE OTHER HOUSING STATUTES, NONE OF THEM DICTATE A PARTICULAR FORM FOR WHICH HCD MUST, UH, MAKE ITS DETERMINATION OF SUBSTANTIAL COMPLIANCE. UH, IT JUST SAYS THEY HAVE TO MAKE THE DETERMINATION AND THEN NOTIFY THE AGENCY OF ITS FINDINGS. NOWHERE DOES IT SAY THERE HAS TO BE A CERTIFICATION LETTER. ALSO, RELATED TO THE LAW IS THE FACT THAT THE LEGISLATURE HAS MADE CLEAR THAT HCD IS NOT THE FINAL ARBITER WHEN IT COMES TO INTERPRETING HOUSING LAWS. THE COURTS ARE, WE CAN TALK ABOUT THAT A LITTLE BIT MORE LATER AS WELL. AND THEN FINALLY, ON THE QUESTION OF POLICY. LOOK, THE BUILDER'S REMEDY, I THINK WE ALL KNOW, IT WAS INTENDED BASICALLY AS A PUNISHMENT. IT PUNISHES RECALCITRANT AGENCIES WHO ARE FAILING TO WORK IN GOOD FAITH TO GET THEIR HOUSING ELEMENTS DONE ON TIME, WHO ARE DRAGGING THEIR FEET AND BASICALLY OBSTRUCTING THE APPROVAL OF HOUSING. THAT IS NOT WHAT HAPPENED HERE. THE RECORD SHOWS THAT YOUR STAFF ACTED DILIGENTLY, EXPEDIENTLY, PROFESSIONALLY, AND IN GOOD FAITH TO GET A CERTIFIABLE ELEMENT DONE BY FEBRUARY. THE LEGISLATURE DID NOT INTEND FOR THE BUILDER'S REMEDY TO BE AVAILABLE IN THESE CIRCUMSTANCES, AND YOU SHOULD NOT WILLINGLY FORFEIT OR RELINQUISH YOUR LAND USE AUTHORITY, UH, EASILY IN THIS CASE. SO, WITH THAT, IF WE COULD GO TO THE NEXT SLIDE, MADAM CLERK. AND I'M PROBABLY GONNA SKIP THROUGH SOME OF THESE BECAUSE I PREPARED THIS PRESENTATION BEFORE I SAW THIS STAFF REPORT. [04:00:01] I THINK WE ALL KNOW THE QUESTION HERE, UH, WAS YOUR SECOND, UH, WHAT'S AT STAKE? I THINK WE ALL KNOW WHAT'S AT STAKE. IF YOU, UH, APPROVED THE... WHOOP, SORRY. CAN WE SLOW DOWN A LITTLE BIT? OKAY, FREEZE ON THIS ONE. THIS IS THE TIMELINE. THESE ARE THE FACTS. UH, THE LAST ACTION YOU ACTUALLY TOOK, UH, WAS IN NOVEMBER, 2023 WHEN YOU ADOPTED THE HOUSING ELEMENT. UH, IT WAS THEN SENT UP TO HCD IN EARLY JANUARY, 2024, UH, AND HCD CAME BACK REQUESTING SOME MINOR REVISIONS, WHICH I BELIEVE THE RECORD SHOWS WERE MADE AT THE STAFF LEVEL. STAFF THEN SUBMITTED THE REVISED ELEMENT TO HCD FEBRUARY 23RD. MARCH 15TH OR MARCH 15TH, 2024, HCD CONCLUDES ITS REVIEW, WARN STAFF THAT THE ELEMENT IS CERTIFIABLE AS IS, AND THE ONLY THING NECESSARY BEFORE CERTIFICATION IS CONFIRMATION THAT THE BOARD YOU DO NOT HAVE TO TAKE ANY ADDITIONAL ACTION. FIVE DAYS LATER YOUR STAFF CONFIRMS THE HCD, THAT THE REVISIONS WERE NON SUBSTANTIVE AND THEREFORE NO ACTION BY THE BOARD TO READOPT THE PLAN WAS NECESSARY. UH, ON APRIL 9TH, THE COMPLETE PLAN WAS BROUGHT TO YOU AS AN INFORMATION ITEM ONLY, I BELIEVE IT WAS ON THE CONSENT CALENDAR. UH, AND THAT WAS THE LAST, UH, THAT ANYTHING HAPPENED. THAT WAS APRIL 9TH, THE SAME DAY THAT THE APPLICANT FILED THE PRELIMINARY APPLICATION, BUT IT WASN'T UNTIL, UH, SEVERAL DAYS LATER, ALMOST TWO WEEKS THAT HCD ISSUED ITS LETTER, FORMAL CERTIFICATION LETTER, WHICH IT LATER BACKDATED TO APRIL 12TH. NEXT SLIDE. NEXT SLIDE. THERE. UH, WE KNOW AS, AGAIN, HCD STATED SPECIFICALLY THAT IT DIDN'T LOOK AT IT AGAIN AFTER MARCH 15TH. IT WAS COMPLETELY FINE AFTER THAT. UM, NEXT SLIDE. HERE'S WHAT THE LAW SAYS. START WITH A 65589.5(D). UH, THE BUILDER'S REMEDY IS NOT AVAILABLE TO A PROJECT IF THE JURISDICTION HAD ADOPTED A REVISED HOUSING ELEMENT THAT WASN'T SUBSTANTIAL COMPLIANCE WITH THIS ARTICLE UH, AT THE TIME OF THE PRELIMINARY APPLICATION. THAT BY ITSELF ANSWERS THE QUESTION YOU HAD HOUSING ELEMENT THAT WAS A SUBSTANTIAL COMPLIANCE WITH THIS ARTICLE AT THE TIME OF THAT APPLICATION. UH, 65589.5(A) SAYS, UH, FOR PURPOSES OF THIS COMPLIANCE IS, UH, AN ELEMENT IS DETERMINED, UH, TO BE IN SUBSTANTIAL COMPLIANCE AS DETERMINED BY HCD OR A COMPETENT COURT OF COMPETENT JURISDICTION AS DETERMINED BY. AGAIN, NOTHING IN THERE ABOUT THE FORM THAT DETERMINATION IS SUPPOSED TO TAKE. NEXT SLIDE. 65585.03. UH, HOUSING ELEMENT SHOULD BE CONSIDERED IN SUBSTANTIAL COMPLIANCE WHEN THE LOCAL AGENCY ADOPTS THE HOUSING ELEMENT AND EITHER THE DEPARTMENT FINDS THAT IT'S IN SUBSTANTIAL COMPLIANCE OR A COURT OF COMPETENT JURISDICTION DOES SO. ONCE AGAIN, NOTHING THAT SPECIFIES THE FORM OF THE DETERMINATION OR THE FINDING, SIMPLY ORDERING THAT THE FINDING MUST HAPPEN. NEXT SLIDE. AND JUST TO, BUT PRESS THIS POINT, UH, ANOTHER SECTION SAYS UH, SPECIFYING THE TIMELINES FOR THIS, THAT WITHIN 60 DAYS AFTER REVIEWING, UH, AN ADOPTED HOUSING ELEMENT OR AMENDMENTS, IT HAS TO MAKE A FINDING AND REPORT ITS FINDINGS. ONCE AGAIN, NOTHING IN THE STATUTORY LANGUAGE REQUIRING A FORMAL CERTIFICATION LETTER OR ANY OTHER FORMALIZED UH, MISSIVE, UH, IN ORDER TO FIND SUBSTANTIAL COMPLIANCE. NEXT SLIDE, PLEASE. THAT ALL SPEAKS FOR ITSELF. UH, THAT'S JUST A RESTATEMENT OF THE FACTS THAT I SHOWED BEFORE. SO LET'S GO TO THE NEXT SLIDE. JUST A LATE REST, UH, WE'D HEARD A THEORY THAT, WELL, THE FACT THAT THE, UH, APPLICANT CHARACTERIZED ITS PRELIMINARY APPLICATION AS A BUILDER'S REMEDY APPLICATION AND STAFF ACCEPTED IT THAT WAY, UH, AND CONSIDERED IT TO BE A BUILDER'S REMEDY APPLICATION THAT THE APPLICANT SOMEHOW OBTAINED A VESTED RIGHT TO PROCESSING UNDER THE BUILDER'S REMEDY, UH, THAT'S SIMPLY NOT TRUE. UH, VESTING ONLY APPLIES FIRST OF ALL, TO ORDINANCES POLICIES AS STANDARDS OF THE AGENCY THAT WERE IN EFFECT WHEN THE APPLICATION WAS SUBMITTED. BUT EITHER WAY, THE POINT HERE IS THAT THIS APPLICATION WAS NOT BUILDER'S REMEDY ELIGIBLE TO BEGIN WITH AND THEREFORE, UH, WHETHER STAFF ACCEPTED IT AS A BUILDER'S REMEDY APPLICATION IS SIMPLY IRRELEVANT. NEXT SLIDE. HERE WE GET TO THE POLICY CONCERN. I JUST WANNA REITERATE, REITERATE THESE ONCE MORE. UM, YOU KNOW, THIS IS YOUR GENERAL PLAN AND YOUR ZONING REGULATIONS THAT, UH, OR THE RESULT OF YEARS OF CAREFUL POLICY WORK AND PUBLIC PARTICIPATION. AND THEY ARE REFLECTIVE OF YOUR BOARD AND YOUR STAFF'S CONSIDERED JUDGMENTS. AND AS WE KNOW, THE GENERAL PLAN IS THE CONSTITUTION GUIDING FUTURE LAND USE DEVELOPMENT IN THE COUNTY. [04:05:03] UM, YOU SHOULD NOT, UH, EASILY LET THESE, LET YOUR POWER UH, GO TO A DEVELOPER UNDER THESE CIRCUMSTANCES. THAT IS NOT WHAT THE BUILDER'S REMEDY IS FOR, AND IT IS NOT WHAT THE LEGISLATURE INTENDED THE BUILDER'S REMEDY TO BE. UM, THIS IS, YOU SHOULD NOT BE PUNISHED FOR WHAT YOU DID, YOU GOT YOUR HOUSING ELEMENT, UH, UH, INTO SUBSTANTIAL COMPLIANCE WELL BEFORE THIS PRELIMINARY APPLICATION, AND YOU SHOULD BE APPLAUDED FOR THAT, NOT PUNISHED. UH, NEXT SLIDE. THAT'S OUR CONCLUSION. I JUST ALSO WANTED TO SAY ONE THING, WHICH IS IF THERE'S DOUBT ABOUT WHAT THE LAW ACTUALLY SAYS AND REQUIRES IN TERMS OF WHEN A DETERMINATION BECOMES OFFICIAL FOR PURPOSES OF ACCEPTING AN APPLICATION, THERE IS ONE AVENUE I WOULD ASK YOU TO CONSIDER, WHICH IS GOING TO COURT TO SEEK A DECLARATORY RULING ON THIS. UH, THE LEGISLATURE CLEARLY CONTEMPLATED THIS BY SAYING IN TWO PLACES IN THE STATUTE, THAT IS COURTS OF COMPETENT JURISDICTION THAT ULTIMATELY CAN SAY WHETHER A HOUSING ELEMENT IS DEEMED SUBSTANTIALLY COMPLIANT AT THE TIME OF A PRELIMINARY APPLICATION AND IN A LETTER I SENT, UH, ON FRIDAY, I BELIEVE I ATTACHED ACTUALLY A COPY OF A COMPLAINT FOR DECLARATORY RELIEF THAT THE TOWN OF LOS GATOS HAD FILED IN SANTA CLARA COUNTY, UH, PRECISELY LIKE THIS. IT WAS UNCERTAIN, IT HAD FALLEN INTO A DISAGREEMENT WITH THE DEVELOPER IN APPLICANTS OVER WHAT THE, UH, HOUSING ELEMENT LAW REQUIRED. AND THEY TOOK IT TO COURT AND THEY ASKED THE COURT TO DECIDE. AND I THINK THAT IS SOMETHING THAT THE COURT, THAT YOU ALL SHOULD CONSIDER DOING. I DO NOT THINK IT WOULD COST MILLIONS OF DOLLARS. I DON'T THINK IT WOULD COST VERY MUCH MONEY AT ALL TO SIMPLY FILE A REQUEST FOR A COURT TO DECIDE THIS THING. AND WITH THAT, UH, THANK YOU VERY MUCH. I WILL RESERVE THE LAST MINUTE FOR REBUTTAL. - THANK YOU. I'LL NOW GIVE THE APPLICANT AN OPPORTUNITY TO REBUTTAL. I BELIEVE YOU HAVE ABOUT TWO MINUTES LEFT. - THANK YOU VERY MUCH. UH, RYAN PATTERSON, PROJECT ATTORNEY. UH, I DON'T THINK THERE'S ACTUALLY TOO MUCH THAT CAN OR NEEDS TO BE SAID IN RESPONSE TO THAT. I THINK STAFF HAS DONE A, AN EXCELLENT JOB, UH, RESPONDING TO THESE ARGUMENTS IN THE STAFF REPORT. UM, JUST TO SUMMARIZE ITS BLACK LETTER LAW. THE HOUSING ELEMENT IS NOT CERTIFIED UNTIL HCD GIVES ITS CERTIFICATION LETTER. IT'S AB 1886. UH, THERE'S A VERY PITHY QUOTE FROM THE LAW IN THE STAFF REPORT. UM, IN FACT, SINCE I HAVE TWO MINUTES I'LL READ IT, IT'S SHORT. UM, STAFF REPORT SAYS THE STATE LEGISLATURE HAS RATIFIED HCD'S REGULATORY INTERPRETATION, THAT QUOTE A JURISDICTION IS IN COMPLIANCE AS OF THE DATE OF HCD'S LETTER FINDING THE ADOPTED ELEMENT IN SUBSTANTIAL COMPLIANCE. ANY OTHER LETTERS ARE NOT A FINDING OF SUBSTANTIAL COMPLIANCE. CITING AB 1886. UH, THERE'S REALLY NOTHING MORE TO SAY. IT'S JUST, YOU KNOW, RESPECTFULLY, THEY'RE INCORRECT ABOUT THIS POINT. UM, IF HCD HAD ALREADY CERTIFIED, WHY WOULD THEY SEND A SECOND LETTER CERTIFYING ON APRIL 23RD? UM, THE APPELLANTS ALSO INVITE THE COUNTY INTO LEGAL JEOPARDY UH, BY SEEKING DECLARATORY RELIEF IN COURT LIKE LOS GATOS DID. UM, LOS GATOS ACTUALLY JUST LOST IN, UM, UH, ON DEMUR, I BELIEVE IT WAS, UM, UH, JUST LAST WEEK, I THINK. SO I DON'T THINK THAT'S A, A GREAT STRATEGY COSTLY AND, UH, WOULD AGAIN EXPOSE THE COUNTY TO MILLIONS OF DOLLARS OF PENALTIES FOR DOING THAT. UM, AND I THINK THE STATUTE OF LIMITATIONS PROBABLY RAN ON THAT A VERY LONG TIME AGO. SO, AGAIN, REALLY APPRECIATE IT. UM, WE WOULD APPRECIATE CLARIFICATION OF THE OPTION FOR THE AFFORDABLE HOUSING, UH, IMPACT FEE THAT COUNTY COUNCIL IS OFFERING. I'D LIKE TO CLARIFY, THIS IS ONLY GOING TO SUBJECT THE UNITS TO STATE LAW REQUIREMENTS, NOT LOCAL REQUIREMENTS. AND I BELIEVE THAT WOULD BE AGREEABLE IF SO. SO THANK YOU VERY MUCH. - THANK YOU. AND I BELIEVE THE OPPOSING, UM, PARTY HAS AN ADDITIONAL ONE MINUTE FOR REBUTTAL IF THEY CHOOSE. - YES, THANK YOU. I JUST WANTED TO SAY THAT QUOTES, UH, FROM AB 1886, WHICH COMES FROM AN HCD LETTER, TWO POINTS, THAT LANGUAGE DID NOT MAKE IT INTO THE STATUTE. IT IS NOT THERE. ONCE AGAIN, YOU WILL FIND NOTHING IN THE HOUSING LAWS THAT SPECIFIES A FORM FOR HCD'S DETERMINATION. UM, SECOND, IF YOU LOOK AT THE LETTER THAT, UH, HCD IS REFERRING TO, IT'S ALL ABOUT THE, THE DETERMINATION THAT, UH, AGENCIES CANNOT SELF-CERTIFY THEIR OWN HOUSING ELEMENTS. THAT'S WHAT THE LETTER FROM HCD ADDRESSED. NOWHERE DID IT DEFINE WHAT HCD'S LETTER IS, [04:10:02] UH, OR WHAT IT'S SUPPOSED TO BE THAT TERM IS NOT DEFINED ANYWHERE IN THE LAW. AND SO TO CITE THAT LETTER, WHETHER IT WAS BY HCD, UM, OR ANYONE ELSE, I THINK IS MISLEADING BECAUSE THE PURPOSE OF THAT HCD GUIDANCE WAS TO ADDRESS A COMPLETELY DIFFERENT QUESTION. AND ONCE AGAIN, THE LANGUAGE QUOTED SIMPLY DID NOT GET CODIFIED. IT EXISTS NOWHERE IN THE STATUTE. UH, SO THANK YOU. - THANK YOU. THAT CONCLUDES, UM, OUR ARGUMENTS. UM, I AM GONNA BE GOING TO PUBLIC COMMENT NEXT, BUT I WONDER IF IT WOULD BE HELPFUL TO ASK, UM, COUNTY COUNCIL ONCE AGAIN TO REITERATE THE RECOMMENDED ACTION ON ITEM NUMBER FOUR, SO THAT WAY EVERYBODY'S CLEAR ON WHAT IS RECOMMENDED AT THIS TIME. - JUST STATED EXACTLY [INAUDIBLE]. - OKAY, REVISE CONDITION APPROVAL TO-, CONDITION OF APPROVAL TO Q TO READ AS FOLLOWS. THE FOUR AFFORDABLE UNITS SHALL BE CREDITED AGAINST THE ENTIRE AFFORDABLE IMPACT FEE DUE. THOSE UNITS SHALL BE IDENTIFIED AND OPERATED AS MEASURED J UNITS BUT SHALL NOT BE SUBJECT TO ANY OF THE COUNTY'S LOCAL INCLUSIONARY REQUIREMENTS, NOT OTHERWISE REQUIRED BY STATE LAW. DEVELOPERS SHALL ENTER INTO AND RECORD AN AFFORDABLE HOUSING RENT REGULATORY AGREEMENT WITH THE COUNTY PRIOR TO BUILDING PERMIT ISSUANCE OR RECORDATION OF A FINAL MAP, IF ANY, WHICHEVER RECURS FIRST TO RESTRICT THE PROJECT PURSUANT TO THE APPLICABLE AFFORDABILITY REQUIREMENTS OF STATE LAW. - THANK YOU. AND WITH THAT CLARIFICATION, WE'LL BE GOING TO PUBLIC COMMENT. UM, BY SHOW OF HANDS, HOW MANY PEOPLE ARE HERE TO SPEAK ON THIS ITEM? - THANK YOU UM, TO BE, TO EXPEDITE THIS AS QUICKLY AS POSSIBLE, I'M GONNA ASK THAT YOU LINE UP SO YOU CAN QUICKLY FOLLOW THE NEXT PERSON. AND ON THE PHONE, HOW MANY PEOPLE DO WE BELIEVE ARE HERE TO SPEAK? - ONE MOMENT. ONE MOMENT, CHAIR, PEOPLE ARE BEGINNING TO RAISE THEIR HANDS ONLINE. CURRENTLY THERE ARE ONLY TWO PEOPLE WITH THEIR HANDS RAISED. - OKAY, WITH THAT, I'M GONNA SET THE PUBLIC COMMENT PERIOD FOR TWO MINUTES AND PLEASE, UH, FORM A LINE AND, UM, GO AHEAD AND GET STARTED. THANK YOU, WELCOME. - HI, UH, MY, MY NAME IS GAYANA KEMPER. I LIVE IN 1725 GREY SEAL ROAD. IF AFTER HEARING ALL OF THE EVIDENCE TODAY, THE BOARD IS STILL UNCERTAIN ABOUT HOW THE HOUSING ELEMENT LAW APPLIES OR WHETHER THE BUILDER'S REMEDY WAS ACTUALLY AVAILABLE ONCE HCD HAD DETERMINED COMPLIANCE IN MID-MARCH THERE IS A RESPONSIBLE MIDDLE PATH. THAT PATH IS NOT TO AUTOMATICALLY GRANT EXTRAORDINARY BUILDER'S REMEDY BENEFITS JUST TO AVOID RISK. INSTEAD, IT'S TO SEEK A TIMELY COURT DETERMINATION TO CLARIFY THE LAW BEFORE THOSE BENEFITS ARE GRANTED. THIS IS NOT UNPRECEDENTED. LAST YEAR, THE TOWN OF LOS GATOS WENT TO COURT TO ASK FOR CLEAR RULING ON HOW SB 330 COULD BE INTERPRETED WHEN THERE WAS NO REAL UNCERTAINTY. THAT CASE INVOLVED A DIFFERENT PART OF THE HOUSING LAWS, BUT THE APPROACH IS WHAT MATTERS. WHEN THE LAW IS UNCLEAR AND THE CONSEQUENCES ARE SIGNIFICANT COURTS EXIST TO RESOLVE THOSE QUESTIONS. THE HOUSING LAWS THEMSELVES SPECIFICALLY DEFINE THIS ROLE FOR THE COURTS. REFLECTING THE STATE'S EXPECTATION THAT HCD'S GUIDANCE IS IMPORTANT BUT NOT ABSOLUTE WHEN LEGAL ELIGIBILITY IS GENUINELY DISPUTED. TAKING THAT APPROACH, PROTECTS HOUSING GOALS, PROTECTS THE COUNTY, AND ENSURES THAT POWERFUL STATE REMEDIES ARE APPLIED ONLY WHEN THE LEGAL CONDITIONS ARE ACTUALLY MET. AND I WANNA QUICKLY ADD, I LIVE ON GREY SEAL ROAD. I KNOW WHAT THE TRAFFIC IS ON THERE. I KNOW HOW HARD IT IS FOR ME TO DRIVE OUT OF GREY SEAL ONTO THE MAIN ROAD. I'VE BEEN ALMOST HIT A COUPLE TIMES. ANYONE PARKING ON CAPITOLA RESTRICTS THE SITE OF GETTING OUT TO THE LEFT, MUCH LESS THE RIGHT. AND EVEN IF YOU DON'T HAVE A CAR IN THE NEW DEVELOPMENT, YOU WILL HAVE UBER, THERE WILL BE AMAZON, THERE WILL BE DOORDASH, THERE WILL BE A LOT OF CARS... - THANK YOU. - ... COMING AND GOING. - UH, HELLO, MY NAME IS RICK WRIGHT. I'M A RESIDENT OF THE LIVE OAK AREA. UM, MANY OF YOU MIGHT'VE SEEN A NOVEMBER NEW YORK TIMES ARTICLE BY CONNOR DOUGHERTY, UM, THAT WAS TITLED HOUSING STRATEGY THAT HAS CALIFORNIA NIMBYS IN A CORNER. AND THE AUTHOR OF THAT ARTICLE GOES ON IN A COMMENT TO SAY, BUILDERS REMEDY IS NOT ONLY IMPERFECT, IT'S BASICALLY DESIGNED TO BE SO. THE ELEMENTAL THRUST OF THE LAW IS THAT THE STATE SAYING, [04:15:01] WE WANT CITIES TO THOUGHTFULLY PLAN FOR HOUSING. BUT IF WE DON'T, WE'RE GOING TO ALLOW BUILDERS TO GO CRAZY AND IT IS A SUBOPTIMAL SOLUTION. AND IN THIS CASE, I THINK THAT THAT SUBOPTIMAL SOLUTION PENALIZES THOSE PEOPLE THAT ARE LIVING IN THE AREA OF THE BUILDERS REMEDY PROJECT. WHETHER THAT IS PAUL SUITE ROAD, CAPITOLA ROAD. THE IMPERFECT UM, SOLUTION IS INTENDED TO BROADLY, UH, BENEFIT THE CONSTITUENCY OF THE COUNTY, BUT I DON'T BELIEVE THAT IS IN FACT EVER GOING TO HAPPEN IN OUR COUNTY BECAUSE WE LIVE NEXT TO THE WORLD'S LARGEST ECONOMIC ENGINE THAT IS GOING TO PROVIDE AMPLE PEOPLE WHO EVER WANT TO LIVE IN THIS BEAUTIFUL SEASIDE COMMUNITY. AND THOSE ECONOMIC BENEFITS ARE FREQUENTLY CITED BY THE DEVELOPER. BUT AGAIN, I DON'T THINK THAT THEY ARE REALLY ACCURATE. AND I DON'T THINK ANYBODY IN THIS ROOM IS PROBABLY FALLS UNDER THAT CATEGORY OF NIMBY. I THINK MOST PEOPLE WANT BALANCED DEVELOPMENT, AND THAT I HOPE IS HOW YOU AS OUR SUPERVISORS ARE GOING TO MAKE SURE THAT WE ARE SATISFYING THOSE NUMBERS AND NOT, UH, OVERTLY PUNISHING A FEW PEOPLE WHO HAPPEN TO LIVE NEXT TO ONE OF THESE DEVELOPMENTS. AND STAFF AND COUNSEL'S ARGUMENTS SEEMS TO BE BASED LARGELY AROUND POTENTIALLY SOME INACCURATE INFORMATION PROVIDED BY THE DEVELOPER AND ALSO A FEAR OF LITIGATION. BUT I THINK THE LITIGATION IS COMING REGARDLESS. SO I WOULD ENCOURAGE YOU, UH, TO DO WHAT I PERCEIVE TO BE THE RIGHT THING, WHICH IS DO SOMETHING FOR THE PEOPLE WHO ALREADY LIVE IN THIS NEIGHBORHOOD AND DON'T GIVE A GIFT TO A DEVELOPER. THANK YOU. - HI, CAN YOU HEAR ME ALL OKAY? UH, I AM, UH, MY NAME IS PETER ATKINSON. I, UH, LIVE OFF JOSE AVENUE AND, UM, UH, I, I'M A RETIRED REAL ESTATE APPRAISER. UM, THIS DEVELOPMENT, UH, APPEARS THE, THE GENERAL PLAN FOR THIS AREA IN THE PAST WHEN ALL THE OTHER HELMS IN THE AREA WERE BUILT WAS, UH, MEDIUM DENSITY RESIDENTIAL, AND THE ZONING WAS R15. WHICH MEANS THAT, UH, EACH HOUSE WOULD HAVE A SINGLE, IT WOULD FOR SINGLE FAMILY HOMES AND 5,000 SQUARE FOOT LOTS. THAT WAS THE MAXIMUM. NOW, UH, EVERYTHING'S BEEN TURNED ON ITS HEAD. UM, THE, I DON'T KNOW WHAT THE GENERAL PLAN IS RIGHT NOW BUT APPARENTLY, IT'S FOR HIGH RISE CONDOMINIUM DEVELOPMENTS. THIS, UH, LOOMING, LOOMING MONSTROSITY IS HIGH ENOUGH TO CAST SHADE ON HOUSES ALL AROUND THE AREA AND TO MAKE IT WORSE THEY'RE PUTTING THE HOUSE IN THE BACK OF THE LOT SO IT SHADES ALL THE HOUSES IN THE RADIUS. UM, THERE'S BEEN NO EFFORT TO COMPENSATE, UH, EXISTING OWNERS IN THE AREA FOR LOSS OF SOLAR EXPOSURE. THIS, UH, THIS WAS THIS... IF YOU PLAN ON PUTTING SOLAR PANELS ON YOUR HOUSE, FORGET IT. IT'S GONNA, EVERY KILOWATT HOUR THAT'S TAKEN AWAY BY THIS MONSTROSITY IS, UH, COSTING THE LOCAL RESIDENTS, THE LOCAL VOTERS MONEY. AND IT SHOULD BE... I DON'T KNOW WHO'S BEEN BENDING OVER FOR THESE PEOPLE, BUT, UH, THIS IS... THIS IS A MONSTROSITY AND IT SHOULD NOT, IT SHOULD NOT BE ALLOWED. - THANK YOU. - YOU [INAUDIBLE]... - THANK YOU. YOUR TWO MINUTES ARE UP, THANK YOU. - HUH? - YOUR TWO MINUTES ARE UP. THANK YOU. - THE, THE LOCAL HEIGHT OR THE LOCAL HEIGHT... - SIR, SIR. - ...ORDINANCE IS 25 FEET. - SIR, THANK YOU. - GOOD EVENING. UH, MY NAME IS DANIEL ALVAREZ. I REPRESENT OUR CARPENTERS ON SANTA CRUZ, MONTEREY, AND SAN BENITO COUNTY. AND AS THIS PROJECT CURRENTLY EXTENDS, THERE HAS BEEN NO COMMITMENT ON USING THE RESPONSIBLE CONTRACTOR DESPITE MULTIPLE OUTREACH EFFORTS, EMAILS, PHONE CALLS, AND VISIT THEIR OFFICE. WORKBENCH HAS REFUSED TO MEET WITH THE CARPENTERS UNION. TREATING LITIGATION AGAINST OUR MUNICIPAL PARTIES IT'S NOT A PATH TO A LONG-TERM SUCCESS OR BEING A TRUE COMMUNITY PARTNER. THANK YOU. - HI, MY NAME IS CHRIS DEMING. I LIVE ON GREY SEAL ROAD AND UM, I THINK THERE'S BEEN SOME PRETTY CLEAR EVIDENCE THAT YOU WERE ALL IN COMPLIANT IN MID-MARCH. UH, I JUST WATCHED THE SEAHAWKS WIN THE SUPER BOWL, AND GUESS WHAT? THEY DON'T GET THEIR RING TILL JUNE. THEY'RE THE SUPER BOWL CHAMPS RIGHT NOW, AND THEY DON'T HAVE THEIR LITTLE PIECE OF PAPER TO SAY IT. SO WHETHER THE PAPER IS THERE OR NOT, YOU WERE IN COMPLIANCE. [04:20:03] WE FOLLOWED THE RULES WHEN WE SAW THAT. AND SO IF WE LOOK AT SOME MORE DATES, UH, THERE'S A PRELIMINARY, UH, APPLICATION IN EARLY MARCH AND UH, THAT MIGHT HAVE BEEN BEFORE THE COMPLIANCE, BUT THEIR FULL APPLICATION WAS MORE THAN 180 DAYS AFTER THAT. SO THAT WAS COMPLETELY VOID ANYWAYS. AND THE APRIL 9TH IS GONNA BE AFTER YOUR COMPLIANT. SO EITHER WAY, UH, IT'S EITHER THE FULL  APPLICATIONS' VOID. IT DIDN'T MEET THE 180 DAY STANDARD OR THEREAFTER YOU GUYS ARE COMPLIANT AND EITHER WAY, BUILDER'S REMEDY IS NOT QUALIFIED HERE. AND THAT'S REALLY WHAT WE WANT. WE WANT MORE RESPONSIBLE HOUSING. AND I KNOW IT'S REALLY, REALLY HARD GOING AGAINST SUCH POWER. WE SEE IT IN THE MEDIA ALL THE TIME OUR NATIONAL GOVERNMENT USES THIS FEAR TO BULLY ENTITIES INTO THEIR SUBMISSION. UNIVERSITIES, INDIVIDUALS, COMPANIES, AND THEY ALL GIVE UP. THEY'VE ALL GIVEN UP SO FAR, BUT WE DON'T HAVE TO DO THAT RIGHT NOW. WE HAVE THE LAW BEHIND US, YOU HAVE ALL THE PEOPLE BEHIND US, BEHIND YOU, AND WE REALLY, REALLY HOPE THAT YOU CAN HELP US RIGHT NOW OR ELSE OUR, OUR ENTIRE NEIGHBORHOOD'S IN SOME BIG TROUBLE. SO THANK YOU VERY MUCH. - HELLO, MY NAME'S MOLLY BRAM. I LIVE AT 1751 GREY SEAL ROAD AND I WISH I HAD MORE TIME TO TALK ABOUT ALL HOW, UH, CLAUSTROPHOBIC I'M FEELING ABOUT THIS PROJECT. UM, I LIVE IN ITS ZONE RIGHT NEXT TO IT, RIGHT WHERE IT'S GONNA BE TOWERING OVER ME. UM, WE WERE HOPING TO INVEST IN SOLAR PANELING AT SOME POINT. YOU KNOW, THAT LIKE THE GENTLEMAN WAS SPEAKING BEFORE, I DON'T KNOW HOW MUCH THAT WILL BE AFFECTED NOW. UM, I'M BIG INTO GARDENING. I PLANTED A BUNCH OF FRUIT TREES. I DON'T KNOW HOW THEY'LL BE AFFECTED. THERE ARE 11 HOUSES ON OUR COURT, AS WAS MENTIONED. UM, THERE ARE, AT LEAST, THERE ARE 11 CHILDREN UNDER, AT THE AGES OF 10 OR YOUNGER WHO PLAY IN THE STREET CONSTANTLY. I MEAN, WE WERE, WE'RE ALWAYS OUT THERE ENJOYING THE STREET. OBVIOUSLY WE CAN SHARE IF THAT'S THE CASE FOR A SMALLER, UH, ADDITION TO THE NEIGHBORHOOD. BUT THIS IS OUTRAGEOUS. THIS WILL BE HUNDREDS OF CARS COMING IN. WE'RE ALL A LITTLE AFRAID OF FOR, OR WE'RE ALL AFRAID OF THE SAFETY FOR OUR CHILDREN. UM, I PERSONALLY DO NOT DRIVE. I'M LEGALLY BLIND AND SO I TAKE THE BUS. AND WHEN I TAKE THE BUS, I KNOW AS A PERSON WHO HAS PREVIOUSLY USED IT FOR COMMUTING TO WORK. IT'S NOT THAT RELIABLE. THERE ARE PEOPLE WHO HAVE TO TAKE IT, YOU KNOW, THEY DON'T HAVE A CHOICE. BUT FOR MOST PEOPLE WHO CAN DRIVE, THEY WILL DRIVE. THIS PROPERTY IS NOT OFFERING ENOUGH PARKING FOR ALL OF THE PEOPLE WHO WILL LIVE THERE. AND I HIGHLY DOUBT THAT PEOPLE WHO ARE GOING TO PAY MARKET RATE VALUE FOR THEIR APARTMENTS OR RENT, THAT THEY'RE NOT GONNA BE HAVING TO COMMUTE TO A JOB WHERE THEY'RE GONNA RELY ON A CAR. SO WHAT ARE THEY GONNA DO? THERE'S NOT ENOUGH ROOM. AND I UNDERSTAND THERE'S BEEN, I GUESS, A TRAFFIC'S STUDY, I'M NOT SURE, BUT IT WOULD BE NICE TO HAVE A PARKING STUDY BECAUSE WE HAVE TWO FAMILIES IN OUR COURT ALONE THAT HAVE MULTIPLE PEOPLE LIVING WITH THEM, EXTENDED FAMILY OR EMPLOYEES OF THEIR BUSINESSES. LOTS OF EXTRA CARS ALREADY, YOU KNOW, BUSY ON THE STREET. SO I DON'T KNOW WHERE ALL THE PEOPLE ARE GONNA PARK FROM 841. AND, UH, I THINK THE NEAREST, UM, BUS MAJOR BUS TRANSIT, UH, HUB, I CAN'T REMEMBER HOW IT'S WORDED. UM, IT'S MORE THAN HALF A MILE AWAY. I, UGH, SHUT. CAN YOU MOVE THE BOLLARDS TOO? THAT'S THE OTHER THING. CAN WE MOVE IT TO THE OTHER SIDE. THANK YOU. - GOOD AFTERNOON. MY NAME IS CHRIS FITZ. I LIVE IN THE FIFTH DISTRICT AND I'M A MEMBER OF AN ASSOCIATION OF CITIZENS CONCERNED TO STOP THE HAVEN DEVELOPMENT, UH, OFF GRAHAM HILL. AND WE ARE IN SUPPORT OF THE APPLICANT, UH, OUR ATTORNEY, UH, UH, BILL PARKIN HAS SUBMITTED A LETTER. I'M GONNA DELIVER A COPY TO YOU IN SUPPORT OF THE ARGUMENTS OF THE, THE APPELLANT AND, UM, YOU KNOW, MARK WOLFE'S COMMENTARY GIVES YOU SOUND GROUNDS FOR WHY THIS PROJECT DOES NOT MEET THE LETTER OF THE LAW OR THE SPIRIT OF THE LAW. AND HE MADE CLEAR THAT THE LAW IS, UH, DOES NOT REFERENCE ANY LETTERS FROM HCD. IF YOU ARE CONCERNED ABOUT HCD LETTERS I THINK THERE'S A POINT TO BE MADE, UH, FOR DECLARATORY RELIEF IN THAT THERE'S LOTS OF CONFUSION AT HCD ABOUT THESE LETTERS OF, OF, UH, CERTIFICATION. SO THE COUNTY, SANTA CRUZ COUNTY WAS UM, APPROPRIATELY CHALLENGED THE APRIL 23RD, UM, CERTIFICATION AND HCD SAID, OH YEAH, THE COUNTY'S RIGHT WE WERE WRONG TO CERTIFY THAT DATE. AND THEY BACKDATED THE CERTIFICATION. THEY BACKDATED IT TO APRIL 12TH. SO THE, THERE'S A REAL BIG QUESTION HERE. WHY DID HCD BACKDATE IT TO THE 12TH AND NOT TO MARCH 15TH WHEN HCD HAS TOLD US IN WRITING THAT THAT WAS THE FINAL DATE THAT THEY DID ANY CONSIDERATION. SO THERE'S REAL CONFUSION HERE. [04:25:02] YOU'D NEED NOT TO BE CONCERNED ABOUT, UH, HCD LETTERS OF CERTIFICATION TO BE CONFUSED AND TO HAVE GROUNDS THAT YOU'VE DONE THE RIGHT THING. BUT IF YOU ARE CONCERNED ABOUT THOSE LETTERS PUT IT FOR THE COURT BEFORE THE COURT, THAT'S THE APPROPRIATE PLACE FOR THESE DECISIONS TO BE MADE, UH, ESPECIALLY KNOWING THAT THERE'S LITIGATION COMING. UM, LET THE COURT DECIDE WHETHER IT WAS APRIL 12TH OR MARCH 15TH OR BACK REALLY WHEN, UH, THE BOARD SUBMITTED ITS, UH, UM, RESPONSES TO HCD'S QUESTION. THANK YOU. - HI THERE. I'M RUSS SHACHAN. I'M ALSO FROM DISTRICT FIVE. WE HAVE THE VESTED INTEREST AND I'M HERE AS PART OF STOP THE HAVEN. WHICH IS OVER 800 FAMILIES THAT HAVE A VESTED INTEREST IN YOUR DECISION HERE TODAY. AND SO WHEN YOU LOOK BACK AT THE BOARD OF SUPERVISORS AND THE CHALLENGES THAT IT HAS IN THE PAST, IT HAS A LONG HISTORY OF DOING WHAT'S RIGHT AND SOMETIMES THAT MEANS DOING THE UNCOMFORTABLE. BUILDER'S REMEDY IS REAL, NO ONE HERE IS DEBATING THAT. BUT WHAT YOU'RE FACING HERE IS NOT THE TYPICAL BUILDER'S REMEDY CASE THAT HAS BEEN LITIGATED BY OTHER MUNICIPALITIES. IT IS A BACKDATING ISSUE THAT WAS CREATED AND ACTUALLY THE, THE COUNTY CREATED THE VISIBILITY TO IT WHEN THEY ASKED HCD TO DO THE BACKDATING. AND NOW BY DOING THAT, THEY'VE REALLY, UH, EXPOSED A GAP. THEY DIDN'T SOLVE ONE, THEY DIDN'T FILL ONE. YOU ACTUALLY EXPOSED ONE. AND IT'S ONE THAT CREATES THIS SERIOUS PROBLEMATIC TIMELINE THAT LEAVES UNANSWERED QUESTIONS. SO I'M GONNA ASK YOU DIRECTLY, DO YOU THINK YOU UNDERSTAND EVERYTHING? DO YOU HAVE ALL THE FACTS? DO YOU KNOW WHAT CHANGED? DO YOU KNOW WHEN IT CHANGED? WHO CHANGED IT? WHY? WHY WERE THE DATES CHOSEN? IF YOU DON'T, IF THERE'S QUESTIONS, THAT APPROVAL HERE ISN'T COMPLIANCE. IT'S EITHER JUST CONVENIENCE OR COMPLICITY. THE EASY VOTE HERE IS TO JUST DISMISSIVELY, SHRUG US AWAY AND SAY THAT YOUR HANDS ARE TIED. THE RESPONSIBLE VOTE IS TO PAUSE, DEMAND CLARITY, STAND WITH THE RESIDENTS WHO WILL BEAR THE CONSEQUENCES OF YOUR DECISIONS. WE GET IT. IT'S A TOUGH SPOT. NONE OF US WANNA BE IN YOUR SEATS. BUT PLEASE FILL THOSE LARGE SHOES OF YOUR PREDECESSORS THAT MADE THOSE TOUGH DECISIONS AND DID THE RIGHT THING. TAKE YOUR TIME TO GET CLARITY. PLEASE DON'T CHOOSE CONVENIENCE OVER TRUTH. PLEASE CHOOSE TO REPRESENT THE PEOPLE WHO ARE HERE AND VOTED FOR YOU. THANK YOU. [APPLAUSE] - HI, MY NAME IS STEPHANIE TURNER. I AM ALSO IN DISTRICT FIVE AND I'M HERE TO SUPPORT THE HAVEN AS WELL AND TO ALSO SUPPORT THE PEOPLE OF THE LIVE OAK AREA. I HAVE HAD THE PLEASURE OF MEETING YOU ALL BEFORE AND UM, I WOULD APPRECIATE YOUR ATTENTION AS MUCH AS WE'VE ALL GIVEN, UH, YOU OUR ATTENTION TODAY. SO THANK YOU FOR LISTENING TO ME. AS A CONSTITUENT WHO'S VOTED UH, FOR UM, HONORABLE MARTINEZ IN DISTRICT FIVE, UH, I AM IN AWE OF ALL OF YOU THAT HAVE THE POWER OF LEAVING A POSITIVE LASTING LEGACY FOR OUR COMMUNITY AND OUR CHILDREN. THIS BOARD IS IN A UNIQUE POSITION TO DO WHAT'S RIGHT. LOOK AT ALL THE FACTS AND MAKE A DECISION THAT DOES NOT FEEL LIKE A POWER GRAB SIMILAR TO THE STRONG ARM TACTICS THAT WE HAVE ALL CRITICIZED AT THE FEDERAL LEVEL. SANTA CRUZ COUNTY WAS IN COMPLIANCE ON 3/15/2024. I AM HERE TODAY BECAUSE I FEEL POWERLESS. YOU ALL HOLD ALL THE POWER. I ELECTED YOU TO LISTEN, TO LEAD AND TO PRIORITIZE CONSTITUENTS IN OUR COMMUNITY'S NEEDS. PLEASE BE ACCOUNTABLE. SANTA CRUZ COUNTY WAS IN COMPLIANCE, AND WHAT DO WE SACRIFICE LONG TERM FOR SHORT TERM GREED? DO YOU UNDERSTAND WHAT YOU GIVE UP TO SIDE WITH THE BUILDER'S REMEDY ACT? UNLESS YOU'VE ALREADY DECIDED BEFORE COMING HERE TODAY DON'T FOLLOW A PATH OF DIVISIVE POLITICS. LEAVE A LEGACY WE CAN ALL BE PROUD OF. THANK YOU. [APPLAUSE] - THANK YOU. BEFORE YOU PROCEED, I JUST WANNA ASK, UM, I'M GONNA ASK MEMBERS OF THE AUDIENCE [04:30:01] TO REFRAIN FROM APPLAUSE OR CLAPPING. I'M TRYING REALLY HARD TO CREATE AN INCLUSIVE SPACE WHERE ALL VOICES FEEL WELCOME AND SOMETIMES WHEN THERE'S A CRITICAL MASS OF PEOPLE CLAPPING OTHER VOICES MIGHT NOT FEEL LIKE THEY CAN SPEAK UP. SO I APPRECIATE YOUR, YOUR SUPPORT WITH THAT. THANK YOU. GO AHEAD. YOU CAN START YOUR TWO MINUTES. - I'M RYAN SARNATARO. I LIVE IN THE NEIGHBORHOOD, BUT NOT RIGHT NEXT TO THE PROJECT. AND YOU'VE HEARD TECHNICAL AND LEGAL AND NEIGHBORHOOD IMPACT ARGUMENTS AS TO WHY THE BOARD SHOULD TAKE RESPONSIBILITY FOR DEFENDING OUR ZONING LAWS. WELL, I'D LIKE TO SAY A FEW OTHER THINGS. THE FIRST ONE HAS TO DO WITH SIMPLE JUSTICE. IS IT RIGHT FOR A CORPORATION WHO ALREADY BYPASSED COMMUNITY AND CITY COUNCIL APPROVAL TO BULLDOZE THE SEAGATE CAMPUS IN SCOTTS VALLEY TO CONTINUE TO RIDE ROUGH SHOT OVER THE WILL OF THE PEOPLE OF OUR COUNTY? FOR WORKBENCH PROFITS IS THE FIRST AND ONLY CONSIDERATION. YOU CAN SEE THAT IN THEM NIGGLING ABOUT THE AFFORDABLE HOUSING UNIT COSTS, UM, THEY CAN GET AWAY WITH MAKING A PROFIT BY STEALING THE COMMONS IN THE CASE OF 841 PROJECT, THIS ISN'T JUST SPACE, BUT IT'S PEACE, PARKING, TRANQUILITY, PRIVACY, AND EVEN SUNLIGHT. WELL, THEY HAVE NO QUALMS ABOUT IT, AND THEY OFFER NOTHING WHATSOEVER TO ANYBODY TO COMPENSATE THEM. THE COUNTY NEEDS TO MAKE A STATEMENT WHERE A COMMUNITY OF REASONABLE REGULATION AND GRIFTERS WHO TRY TO EXPLOIT LOOPHOLES ARE NOT TOLERATED. WORKBENCH IS A PRO-, WORKBENCH IS PROFIT ONLY ORIENTATION AND IT'S SHOWN BY SO MANY DIFFERENT THINGS. THEIR MARKET RATE RENTALS, BY THE WAY, ARE NO SOLUTION TO THE HOUSING CRISIS IN SANTA CRUZ. WHAT WE NEED HERE ARE OWNER OCCUPIED UNITS WHERE PEOPLE HAVE A LONG TERM HOUSING SECURITY AND ARE ABLE TO MAKE, THEY HAVE A SOLID STAKE IN THE COMMUNITY. THERE'S BAD FAITH IN PUBLIC MESSAGING, SO YOU HAVE THE OPPORTUNITY TO AFFIRM SANTA CRUZ VALUES. THE COUNTY HAS THE LEGAL GROUNDS, THE MEANS AND THE OBLIGATION TO DETERMINE SOMETHING DIFFERENT THAN JUST ROLLING OVER FOR THESE GUYS. BASICALLY, WHAT I'D LIKE TO JUST SAY TO YOU FOLKS IS THAT THERE'S REAL MORAL ISSUE HERE. AND YEAH, YOU'RE SCARED OF THE MONEY. HEY, LOOK, YOU KNOW, UH, SOMETIMES YOU JUST GOTTA TAKE THE RISK IN ORDER TO UPHOLD YOUR VALUES. THANK YOU. - GOOD AFTERNOON, ROB ALIVEROS, LIFELONG RESIDENT. SMALL BUSINESS OWNER, HOMEOWNER AND FOUNDER OF THE GROUP SANTA CRUZ AGAINST RUNAWAY DEVELOPMENT. IN, UH, REGARDS TO THE ISSUE AT HAND, I'D LIKE TO PRESENT AN ANALOGY. YOU MAIL YOUR CHECK TO THE CREDIT CARD COMPANY AND IT CLEARS THE BANK. A FEW WEEKS LATER, THEY SEND YOU A STATEMENT, ACKNOWLEDGING THE PAYMENT. THE ACCEPTANCE OF A VALID CHECK IS WHAT CONSUMMATE, CONSUMMATES THE TRANSACTION. NOW THERE'S A TIME LAG BETWEEN WHEN THE CHECK CLEARS AND WHEN THE, WHEN THEY ISSUE THE STATEMENT. HOWEVER, IT'S NOT POSSIBLE FOR THE CREDIT CARD COMPANY TO SAY THAT YOU ARE NOT IN COMPLIANCE DURING THE TIME LAG. SENDING THE STATEMENT IS SIMPLY ADMINISTRATIVE. IN COMPARISON, WE HAVE A HOUSING ELEMENT THAT HCD DETERMINED TO BE COMPLIANT BY MARCH 15TH, 2024, ACCORDING TO THEIR OWN RECORDS. REGARDING BUILDER'S REMEDY STATE LAW STATES, THE ONLY RELEVANT ACTION IS WHEN HCD DETERMINES COMPLIANCE. THAT'S IT. THAT'S IT. THERE IS NO NEED FOR A FORMAL LETTER. CONSIDER THIS QUOTE. WE ARE ON YOUR SIDE, DEVELOPERS. WE'RE GONNA MAKE SURE LOCALITIES COMPLY WITH STATE LAW. LADIES AND GENTLEMEN, THAT'S GUSTAVO VELAZQUEZ, DIRECTOR OF THE HCD. FAIR ENOUGH. BUT THE LAW MUST BE APPLIED TO ALL PARTIES. THE COUNTY HAD ASKED HCD FOR HELP IN CLARIFYING ITS CERTIFICATION TIMING AFTER BEING SUBJECTED TO A ONE YEAR REZONING, UH, PENALTY. THE COUNTY EVEN REFERRED TO THE 40 DAY PERIOD BETWEEN MARCH 15TH AND APRIL 23RD, SIMPLY HAS A DELAY IN CERTIFICATION. CERTIFICATION IS THE ADMINISTRATIVE ACT. THE DETERMINATION WAS TO CHECK CLEARING THE BANK. OKAY, SO THE COUNTY ACCEPTED HCD'S REVISED DATE TO AVOID ITS PENALTY, BUT FOR SOME REASON CHOSE NOT TO FIGHT FOR THE GENERAL PLAN. THIS DECISION ALLOWED SEVERAL BUILDERS REMEDY PROJECTS TO PROCEED INCLUDING PROJECTS OWNED BY A PLANNING COMMISSIONER MEMBER. THIS MAKES IT ESPECIALLY IMPORTANT THAT THE BOARD RESOLVES ELIGIBILITY BASED UPON THE FACTUAL RECORD RATHER TO THAN DEFINING UPON DEFAULTING ON GUIDANCE. ALMOST MADE IT. THANKS. - HELLO, I'M LYNN CHACON. I LIVE IN DISTRICT FIVE, WHERE ANOTHER BUILDER'S REMEDY APPLICATION IS PENDING FOR THE HAVEN. I VISITED THE NEIGHBORHOOD ADJACENT TO 841 AND SPOKEN WITH THE RESIDENTS, AND I SHARE THEIR CONCERNS ABOUT THIS DEVELOPMENT. I'M HERE TO SUPPORT THEM IN THEIR APPEAL. IN DISCUSSING THESE UNDESIRABLE BUILDERS REMEDY PROJECTS, I'VE REPEATEDLY HEARD COUNTY OFFICIALS INDICATE THAT THEY FEEL AS IF THEIR HANDS ARE TIED. [04:35:01] YOU'RE OPERATING UNDER THE THREAT OF LAWSUITS AND TREMENDOUS PRESSURE FROM THE STATE TO MEET AFFORDABLE HOUSING QUOTAS. THE PRESSURE IS SO GREAT PERHAPS THAT THE 841 AND HAVEN APPLICATIONS WERE FILED UNDER BUILDER'S REMEDY DESPITE YOUR FULL COMPLIANCE ON YOUR HOUSING ELEMENT. WE'VE USED THE WORD REMEDY A LOT OVER THE LAST FEW YEARS. TO SPARE YOU THE HEADACHE OF REWORKING YOUR PLAN, HCD PROVIDED THE REMEDY OF A BACKDATED CERTIFICATION LETTER. I ASK YOU TODAY TO PROVIDE REMEDY TO THE 841 NEIGHBORS WHO SHOULD NOT SUFFER THE CONSEQUENCES OF THIS UNFORTUNATE SCENARIO. I KNOW YOU'RE IN A DIFFICULT POSITION, BUT THE RECORDS OF CORRESPONDENCE THAT I THINK YOU HAVE BETWEEN SANTA CRUZ COUNTY AND HCD HAVE REVEALED EVIDENCE OF PRIOR COMPLIANCE AND THE PERFECT OPPORTUNITY TODAY FOR YOU TO DO THE RIGHT THING. YOUR HANDS HAVE BEEN UNTIED. PLEASE TAKE SOME TIME TO CONSIDER THE IMPLICATIONS OF MOVING FORWARD WHEN THE VIABILITY OF THESE APPLICATIONS HAS BEEN CHALLENGED. THANKS. - HELLO, MY NAME IS ROB BREMNER, AND FOR IDENTIFICATION PURPOSES, I WAS A PLANNING COMMISSIONER IN THE FIRST DISTRICT FOR 20 YEARS UNDER, UH, JAN BUTTES, WHEN SHE WAS SUPERVISOR, I WAS HER APPOINTEE. SO I'M A HECK MORE, UH, HOW WOULD I SAY THIS? COMFORTABLE SPEAKING ON THE LAND USE PORTION OF IT, BUT THAN I AM ON THE LEGAL ASPECTS OF IT. THE... I THINK WE COULD PROBABLY SAFELY SAY THIS WOULD BE ONE OF THE WORST DEVELOPMENTS EVER IN SANTA CRUZ COUNTY IF APPROVED WITH A LACK OF, UH, SUNLIGHT WITH ADDITIONAL TRAFFIC. BUILDING A 57 UNITS IN THE R 15 ZONE DISTRICT, SINGLE FAMILY RESIDENTIAL ZONE DISTRICT. I NOW LIVE IN THE FIFTH DISTRICT DUE TO, UM , REDISTRICTING THE MOVING OF THE LINES. SO, AND I HAPPEN TO JUST LIVE DOWN THE, UH, ROAD FROM THE HAVEN. SO YOU HAVE TWO MORE PROJECTS THAT ARE COMING IN FRONT OF YOU, BIG ONES THAT ARE BUILDER REMEDY. AND SUPERVISOR KOENIG SENT OUT A NICE, UH, EMAIL LAST NIGHT, HIS NEWSLETTER. - [INAUDIBLE] - PARDON? - [INAUDIBLE]. - ANYWAY, UM, OUTLINING THAT FOR HIM IT'S DOLLARS AND CENTS. WE'RE GONNA GET SUED. SO HOW CAN WE NOT HAVE TO PAY MONEY? 'CAUSE IT'S GONNA COST MILLIONS OF DOLLARS. I TALKED TO SOME ATTORNEYS, IT'S NOT GOING TO COST MILLIONS OF DOLLARS. I THINK THIS, YOUR BOARD OF SUPERVISORS SHOULD TAKE THE ACTION AND TAKE THIS TO COURT. FIND OUT YOURSELF HOW THE WORDING IS FROM HCD AND THE TIMING OF, OF WHAT WOULD BE, UH, CERTIFICATION OR SUBSTANTIAL COMPLIANCE OF THE HOUSING ELEMENT. THAT'S THE WHAT IT'S COME DOWN TO NOW. SO TAKE THE LEAD. IT'S NOT GONNA COST A LOT OF MONEY, AND THAT'S YOUR JOB. SAVE IT, YOU KNOW, THE CONVERSATION, HOW DO I PUT THIS? CONVERSATION THAT WAS DOWN IS HOW CAN WE NOT HAVE TO SPEND MONEY ON BEING SUED. SO IF WE APPROVE THIS PROJECT, THEN IT'S NOT GONNA COST US ANYTHING. I'M SORRY. - THANK YOU. - THANK YOU FOR YOUR TIME. - ROSE MARIE SLAWINSKI-DESTORIES FROM THE FIFTH DISTRICT. I HAVE IN MY HANDS THE CORRESPONDENCE BETWEEN THE COUNTY OF SANTA CRUZ AND THE CALIFORNIA DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT, HCD. THAT PERTAINS TO THE SANTA CRUZ HOUSING ELEMENT AND BUILDER'S REMEDY. THIS WAS ACQUIRED THROUGH THE FREEDOM OF INFORMATION ACT. WE HAVE READ IT. WE HAVE READ IT. OUR ATTORNEYS HAVE READ IT. HAVE YOU READ IT? MONICA, YOU'RE THE HEAD OF THE BOARD. HAVE YOU READ IT? ALL OF THE EVIDENCE IS IN HERE. THE COUNTY WAS IN SUBSTANTIAL COMPLIANCE AS OF MARCH 15TH. FROM THE OWN RECORDS OF THE APRIL BOARD OF SUPERVISORS AGENDA AND I QUOTE "ON MARCH 15TH, 2024, STAFF RECEIVED VERBAL CONFIRMATION, THE HCD STAFF, FROM HCD STAFF THAT THEY WERE READY TO CERTIFY THE COUNTY'S ELEMENT." ALL OF THE CORRESPONDENCE BETWEEN ANTHONY RICCIO AND MARK CONLEY. THIS IS THE HCD, UH, ADMINISTRATOR, AND MARK CONLEY, THE PRINCIPAL PLANNER FOR SANTA CRUZ COUNTY IS IN THESE DOCUMENTS. AND THEY SHOW CLEARLY THAT THE COUNTY WAS COMPLIANT AS OF MARCH 15TH. THE EVIDENCE IS HERE. BUILDER'S REMEDY DOES NOT APPLY TO THIS PROJECT. [04:40:02] FOLLOW THE LAW, FOLLOW THE FACTS, YOU HAVE THE OBLIGATION TO THE PEOPLE OF SANTA CRUZ COUNTY TO DO THE RIGHT THING. - IS THERE ANYBODY ELSE IN THE ROOM WHO'D LIKE TO ADDRESS US? EVERYBODY IS ALLOWED TWO MINUTES. UM, MADAM CLERK, CAN WE PLEASE HEAR FROM PEOPLE WHO ARE ON THE PHONE, THANK YOU. - CERTAINLY, CHAIR. ONE MOMENT WHILE I SHARE THE TIMER ONLINE FOR SPEAKERS TO SEE. RAFA, YOUR MICROPHONE IS NOW AVAILABLE. - GOOD AFTERNOON, SUPERVISORS. MY NAME IS RAFA SAMANFELD AND I'M HERE ON BEHALF OF SANTA CRUZ EMB TO URGE YOU TO DENY THE APPEAL AND APPROVE THE HOUSING PROJECT AT 841 CAPITOLA ROAD. SANTA CRUZ COUNTY IS IN A HOUSING EMERGENCY. THIS MEANS TEACHERS COMMUTING FROM OVER THE HILL, SERVICE WORKERS LIVING IN VANS. FAMILIES DOUBLED UP AND SENIORS ONE RENT AWAY, INCREASE AWAY FROM LOSING THEIR HOMES. EVERYONE HERE TODAY UNDERSTANDS THIS. WHAT MATTERS IS WHETHER WE'RE GOING TO ACT LIKE IT. THIS PROJECT FOLLOWED THE RULES. IT WENT THROUGH A FULL REVIEW AND WAS CONSISTENT WITH THE APPLICABLE BUILDER'S REMEDY RULES. COUNTY STAFF DID THEIR JOB AND RECOMMENDED APPROVAL, AND THE PLANNING COMMISSION APPROVED IT. AT THIS POINT, THE APPEAL ISN'T ABOUT FIXING A REAL PROBLEM. IT'S ABOUT WHETHER HOUSING THAT MEETS THE RULES CAN BE STOPPED BECAUSE SOME PEOPLE SIMPLY DON'T WANT CHANGE. THAT'S EXACTLY HOW WE GOT INTO THIS CRISIS. EVERY TIME A PROJECT LIKE THIS IS DELAYED OR DENIED THE MESSAGE WE SEND IS THAT HOUSING IS OPTIONAL. THE, THAT PROCESS MATTERS MORE THAN OUTCOMES AND THAT THE COST OF DELAY WILL BE PAID BY PEOPLE WHO AREN'T HERE TODAY. RENTERS, YOUNG PEOPLE, WORKERS, PEOPLE EXPERIENCING HOMELESSNESS. APPROVING THIS PROJECT DOES NOT SOLVE THE HOUSING CRISIS BY ITSELF BUT DENYING IT MAKES THE CRISIS WORSE. FULL STOP. IF WE WANT TEACHERS, NURSES, AND SERVICE WORKERS TO LIVE HERE, WE HAVE TO APPROVE HOUSING WHEN IT FOLLOWS THE RULES. IF WE WANT FEWER PEOPLE SLEEPING IN CARS AND ENCAMPMENTS, WE HAVE TO STOP TREATING NEW HOMES LIKE A SPECIAL FAVOR INSTEAD OF A BASIC NECESSITY. SO TODAY THE CHOICE IS SIMPLE. DO WE KEEP REWARDING DELAY AND OBSTRUCTION, OR DO WE FOLLOW THE LAW AND ALLOW HOUSING TO MOVE FORWARD? I URGE YOU TO DENY THE APPEAL AND APPROVE 841 CAPITOLA ROAD. THANK YOU. - REAGAN, YOUR MICROPHONE IS NOW AVAILABLE. - GOOD AFTERNOON. MY NAME IS REAGAN KINGSFORD. I ALSO LIVE IN DISTRICT FIVE, AND I AM PART OF THE GROUP OF STOP THE HAVEN PROJECT. UM, AS MR. WOLFE STATED IN HIS REMARKS, HE PRAISED YOU ALL FOR CAREFUL POLICY WORK. DO NOT RELINQUISH THIS LEGACY THAT HAS BEEN HANDED DOWN TO YOU FROM GENERATIONS BEFORE YOU, THAT STOOD TO PROTECT SANTA CRUZ FROM THE FATE SUFFERED BY SO MANY OTHER COMMUNITIES IN THIS STATE. DO WHAT IS RIGHT. I'M READING TO YOU FROM JUSTSANTACRUZ.ORG. THIS IS THE TOP THING. IT SAYS FROM THE MOUNTAINS TO THE SEA, NATURAL BEAUTY THRIVES IN SANTA CRUZ COUNTY FEATURES, REDWOOD COVERED MOUNTAINS AND MILES OF WINDING TRAILS. IT GOES ON TO SAY THE VAST PRESERVES OF OPEN SPACES IN SANTA CRUZ COUNTY ARE A TRIBUTE TO CONSERVATION EFFORTS THAT BEGAN OVER A CENTURY AGO. I GREW UP IN SAN DIEGO AND I DON'T RECOGNIZE IT ANYMORE. SO MUCH OF IT HAS BEEN DESTROYED BY DEVELOPERS. DEVELOPERS THAT I ACTUALLY ONCE WORKED FOR AS GENERAL COUNSEL IN DELMAR, I WAS AN ATTORNEY. I'M RETIRED NOW. I HAVE REVIEWED THE ENTIRE PACKET AND I'M FAMILIAR, VERY FAMILIAR WITH THIS ENTIRE, UM, JUST ALL THE LEGAL RAMIFICATIONS OF WHAT YOU ARE FACING. AND, UM, APPLICANT'S COUNSEL STATES THAT APPELLANT IS THREATENING YOU WITH LEGAL JEOPARDY BY FILING AN ACTION FOR DECLARATORY RELIEF THAT WILL COST YOU SO MUCH MONEY. I, AS AN ATTORNEY, I WOULD ALSO DISAGREE WITH SOME OF THE OTHER PEOPLE WHO HAVE COMMENTED, THAT IS NOT GONNA COST YOU MILLIONS OF DOLLARS AND IT WOULD BE A WISE DECISION TO MAKE. I WOULD IMPLORE YOU, WHAT ABOUT THE JEOPARDY TO THE LEGACY THAT YOU ALL LEAVE BEHIND IN GRANTING THESE BUILDERS REMEDIES? WE ALREADY HAVE BUILDERS REMEDIES PROJECTS THAT HAVE BEEN GRANTED IN SANTA CRUZ. AND HE'S, THE GENTLEMAN BEFORE ME SAID SOME PEOPLE DON'T WANT CHANGE. GO, JUST GO DOWNTOWN AND LOOK AT ALL THE CHANGE. LOOK AT ALL THE HIGH RISES. I WOULD IMPLORE YOU TO TAKE THE TIME TO REVIEW EVERYTHING. I KNOW YOU HAVE AND I RESPECT ALL OF YOU AND I WOULDN'T WANNA BE SITTING IN YOUR SHOES RIGHT NOW. SO, UM, JUST THANK YOU ALL FOR SERVING ALL OF US AND I... - MARK, YOUR MICROPHONE IS NOW AVAILABLE. - HELLO? HELLO? - YES, WE CAN HEAR YOU. - OKAY, GOOD. UH, MY NAME'S MARK DEMING. UM, I AM A GRAND-GRANDFATHER TO A BUNCH, COUPLE OF KIDS WHO LIVE ON GREY SEAL COURT, UH, GREY SEAL ROAD. [04:45:04] THEY PLAY IN THE STREET. EVERY TIME I VISIT THEIR HOUSE, THEY'RE OUT THERE PLAYING WITH THEIR BICYCLES AND, UH, TOYS AND WHAT HAVE YOU. UH, ONE OF OUR BIGGEST CONCERNS IS, OF COURSE, WITH ADDITIONAL TRAFFIC THROUGH GREY SEAL. THIS, THIS ACTUALLY QUITE WONDERFUL PLACE FOR THEM TO PLAY WILL NO LONGER BE AVAILABLE. UM, SO WE'RE ASKING THAT THE BOLLARDS BE MOVED. PUT THE BOLLARDS AT THE END OF GREY SEAL COURT, OPEN UP TO CAPITOLA ROAD. THERE IS A ROAD CUT THERE ALREADY. IT'S A HISTORICAL, IT'S BEEN THERE. THEY HAVE AN, UH, AN ACCESS THERE, AND IT'S NO WORSE OFF THAN ALL THIS TRAFFIC COMING OUT IN CAPITOLA ROAD AT GREY SEAL. EVERY TIME I COME OUT THERE AND IT'S NOT VERY OFTEN, BUT IT'S OFTEN ENOUGH, YOU HAVE TO, YOU PUT YOUR LIFE IN DANGER JUST COMING OUTTA GREY SEAL. SO PLEASE CONSIDER THAT. AND, UH, I HOPE THIS, THIS PROJECT, AT LEAST GETS CUT DOWN TO A REASONABLE SIZE. 57 FEET HIGH IS TWICE AS HIGH AS EVERY HOUSE AROUND THERE. AND IT'S JUST RIDICULOUS. THANK YOU. - KATIE, YOUR MICROPHONE IS NOW AVAILABLE. - HELLO? - YES, WE CAN HEAR YOU. - OKAY, HI, MY NAME IS KATIE BOLLEDI AND I LIVE IN THE NEIGHBORHOOD HERE WHERE THIS PROJECT PLANS TO ROAD ALL APARTMENT TRAFFIC. THIS IS A QUIET FAMILY-ORIENTED RESIDENTIAL STREET, CHILDREN PLAY OUTSIDE, MY TWO CHILDREN AS WELL AS THE OTHER NEIGHBORHOOD CHILDREN RIDE BIKES AND WALK SAFELY HERE EVERY DAY. IT WAS NEVER DESIGNED TO HANDLE APARTMENT LEVEL TRAFFIC. RALLYING DOZENS OF NEW HOUSEHOLDS, DELIVERIES, RIDESHARES AND VISITORS THROUGH OUR STREET WILL CREATE UNSAFE CONDITIONS FOR OUR CHILDREN AND THE PEOPLE WHO ALREADY LIVE HERE. MY KIDS AND MANY OTHERS WILL LOSE THE ABILITY TO SAFELY PLAY OUTSIDE, AND RIDE IN THEIR NEIGHBORHOOD WHERE WE HAVE GROWN OUR FAMILY. AND WE BOUGHT THIS HOUSE THINKING THAT NOTHING LIKE THIS WOULD HAPPEN. UM, WE ARE LIVING THE AMERICAN DREAM. WE HAVE A HOUSE THAT ONE DAY MAYBE OUR KIDS WILL OWN, HOPEFULLY. UM, AND TELLING FAMILIES THAT FUTURE RESIDENTS WILL BIKE INSTEAD OF DRIVE IS NOT REAL-REALISTIC OR ENFORCEABLE. UM, PLEASE LISTEN TO US TODAY AND DO AS MUCH AS YOU CAN. I KNOW YOU SAY YOUR HANDS ARE TIED, BUT WE DON'T BELIEVE THAT. WE BELIEVE THAT YOU CAN DO SOMETHING MORE. UM, THANK YOU SO MUCH FOR YOUR TIME. - CALL IN USER 858, YOUR MICROPHONE IS NOW AVAILABLE. - GOOD AFTERNOON, SUPERVISOR. MY NAME IS ELAINE JOHNSON, EXECUTIVE DIRECTOR OF HOUSING SANTA CRUZ COUNTY. HOUSING SANTA CRUZ COUNTY IS PROUD TO SUPPORT THE WORKBENCH 841 CAPITOLA ROAD HOUSING PROJECT. I LIVE JUST A MINUTE FROM THIS PROJECT, AND WHEN I DRIVE PAST IT, I VISUALIZE A COMMUNITY BEING BUILT. YES, HOMES WILL BE BUILT, BUT MOST IMPORTANTLY, A COMMUNITY WILL GROW FROM THIS. A PLACE WHERE NEIGHBORS CONNECT, FAMILIES THRIVE, AND PEOPLE HAVE A STABLE PLACE TO CALL HOME. SANTA CRUZ COUNTY CONTINUES TO FACE AN URGENT NEED FOR AFFORDABLE HOUSING, AND THIS PROJECT REFLECTS A THOUGHTFUL INCLUSIVE RESPONSE TO THAT NEED. IT DEMONSTRATES CAREFUL PLANNING, COLLABORATION, AND A GENUINE EFFORT TO PROVIDE HOUSING OPPORTUNITIES THAT STRENGTHEN OUR COMMUNITY. HOUSING SANTA CRUZ COUNTY STRONGLY SUPPORTS MOVING THIS PROJECT FORWARD, ASKING YOU TO DENY THE APPEAL, NOT JUST FOR THE HOMES IT WILL CREATE, BUT FOR THE COMMUNITY IT WILL FOSTER. THANK YOU SO MUCH FOR, FOR ALLOWING ME TO BE HERE TODAY. - SHERRY, YOUR MICROPHONE IS NOW AVAILABLE. - I AM HERE AS A RESIDENT OF, UH, THE AREA OF FELTON FOR THE LAST 30-SOME YEARS, REPRESENTING THOSE OF US THAT HAVE LIVED IN THIS COUNTY. AND I SEE IT AS AN ENVIRONMENTAL ISSUE. [04:50:01] AND ALL THE TALK ABOUT POTENTIAL RESIDENTS SEEMS TO, UM, MINIMIZE THE IDEA OF WHY ANYONE WOULD WANT TO LIVE HERE IF SANTA CRUZ COUNTY BECOMES THE OVERPOPULATED HIGH RISE AREA WHERE THE BEAUTY OF NATURE AND ALL OF THE ENVIRONMENTAL UH, ATTRACTIONS, UH, SEEM TO HAVE GONE BY THE WAYSIDE. SO I STRONGLY URGE THAT, UM, YOU CONSIDER THAT THOSE OF US WHO HAVE LIVED HERE, THAT HAVE INVESTED HERE, THAT BRING THE ECONOMY HERE ARE SIGNIFICANT AND, UH, WE ARE VOTERS. AND, UH, IN MY MIND, ESPECIALLY THE HAVEN PROJECT GOES AGAINST ALL OF THE ELEMENTS OF A ENVIRONMENTAL UH, LEAD CONSCIOUS, CONSCIENTIOUS, UH, APPROACH. AND I WOULD JUST HATE TO SEE THE, UH, AREA OF THE HENRY CAL REDWOODS UNDERMINED DUE TO, UH, OVERPOPULATING A ROAD THAT COULD NEVER UH, INCLUDE ALL OF THE TRAFFIC THAT WILL BE IMPLIED BY THE HAVEN PROJECT OR THE CAPITOLA PROJECT IN ITS AREA. THANK YOU. - CHAIR, I SEE NO FURTHER SPEAKERS ONLINE. - THANK YOU, MADAM CLERK. I'LL NOW BE RETURNING TO THE BOARD FOR DELIBERATION. SUPERVISOR KOENIG. - THANK YOU. UM, I'M GONNA START WITH SOME QUESTIONS AND I WANNA THANK EVERYONE WHO CAME DOWN HERE TO WATSONVILLE TO SPEAK AND SHARE, UH, THEIR, THEIR THOUGHTS AND FEEDBACK WITH US TODAY. UM, ONE OF THE REASONS, OR THAT THIS BOARD TOOK JURISDICTION OF THIS APPLICATION WAS THAT WHEN THE PLANNING COMMISSION HEARD THIS, UH, THEY HAD A NUMBER OF QUESTIONS AROUND THE ACCESS POINTS FOR THE PROJECT. AND, UM, PUBLIC WORK STAFF WAS NOT ABLE TO ADEQUATELY ANSWER MANY OF THOSE QUESTIONS AT THE TIME. UM, AND YET THE, UH, THE PLANNING COMMISSION VOTED TO APPROVE THE PROJECT ANYWAY. UH, IT WAS MY OPINION AND I BELIEVE ULTIMATELY THE OPINION OF THIS BOARD AND VOTING TO TAKE JURISDICTION, THAT THAT WAS AN ERROR AND THAT THEY SHOULD HAVE, UH, RECEIVED MORE INFORMATION BEFORE APPROVING THE PROJECT. AND THAT WAS, UM, TO WHY I VOTED TO SUPPORT TAKING JURISDICTION AT THE BOARD LEVEL. UM, AND SO I'D LIKE TO START BY JUST TALKING A LITTLE BIT MORE ABOUT THE ACCESS, UH, CHALLENGES OR OPPORTUNITIES. UM, YOU KNOW, THE, IS, IS THERE, I GUESS THE QUESTION IS, I MEAN, I UNDERSTAND THE ARGUMENT THAT'S BEING MADE. UM, BOTH, YOU KNOW, WE HAVE BOTH BY STAFF AND THE APPLICANT THAT IT WOULD BE, UH, I, I, WELL, WHAT I FIND, WHAT I UNDERSTAND IS THAT STAFF IS SAYING IT WOULD REQUIRE AN ADDITIONAL TRAFFIC STUDY BECAUSE OF SOME OF THE RISKS INVOLVED IF, IF THE BOLLARDS WERE MOVED AND ACCESS WAS FROM CAPITOLA ROAD AND THAT THAT WOULD, UM, BASICALLY BE AN ADDITIONAL REQUIREMENT THAT THIS BODY WAS THEN IMPOSING ON THE APPLICANT. IS THERE ANY WAY THAT THE BOARD HERE COULD APPROVE THE PROJECT WITH ACCESS VIA CAPITOLA ROAD, UH, WITHOUT REQUIRING A TRAFFIC STUDY? - YOU HAVE TO DEFER TO THE RECOMMENDATION BY PUBLIC WORKS STAFF, WHICH WAS TO CONDUCT THAT STUDY THAT SAID UM, YOU KNOW, THAT I'M NOT GOING TO PLACE A LIMIT ON WHAT THE BOARD CAN DO, BUT THAT'S, THAT'S THE RECOMMENDATION FROM THAT STAFF. - RIGHT, I MEAN, I SEE THE PUBLIC DIRECTOR OF OUR COMMUNITY DEVELOPMENT INFRASTRUCTURE DEPARTMENT WHICH INCLUDES PUBLIC WORKS. UH, YOU LOOK, YOU LOOK READY TO SPEAK, SO, I'LL INVITE YOU UP TO THE MIC. - THANK YOU, AND GOOD AFTERNOON. MATT MACHADO, UM, CDI DIRECTOR AND I, I THOUGHT JONATHAN WAS GONNA TURN IT TO ME SO I STARTED TO STAND UP. BUT, UM, SUPERVISOR KOENIG TO ANSWER YOUR QUESTION, UM, AND JONATHAN ANSWERED IT VERY WELL, STAFF ATTEMPTED TO RESPOND VERY COMPLETELY AS PART OF THIS DE NOVO HEARING WITH A MEMO. UH, I THINK THE STAFF REPORT SPEAKS TO IT VERY WELL WITH THE ATTACHMENT. UM, THAT SAID, TO ANSWER YOUR QUESTION WE BELIEVE IT WOULD BE A REVISED TRAFFIC REPORT TO, UH, TO ADDRESS YOUR CONCERN. UM, SO THAT'S WHAT IT, IT WOULDN'T NECESSARILY BE A NEW REPORT IT'D BE A REVISED TRAFFIC REPORT. - OKAY. UM, I MEAN, ARE THERE, IS THERE ANY WAY THIS BOARD COULD SIMPLY APPROVE AN OPTION FOR ACCESS FROM CAPITOLA ROAD? I MEAN, EVEN, UM, YOU KNOW, RIDE IN, RIDE OUT ONLY, UM, YOU KNOW, ANY, IF THERE WAS ADDITIONAL ACCESS [04:55:02] RATHER THAN ONLY ACCESS FROM CAPITOLA ROAD EVEN I THINK THAT YOU KNOW, THAT WOULD, THAT WOULD CUT DOWN ON SOME OF THE TRIPS THROUGH GREY SEAL ROAD AND ADDRESS SOME OF THE CONCERNS OF, OF NEIGHBORS. WHAT OPTIONS DO WE HAVE? - SURE. UM, WELL I THINK WHAT, UM, HOW I WOULD ANSWER THAT IS THAT, UH, THIS BOARD, YOUR BOARD HAS THE DISCRETION TO CONDITION THIS PROJECT AS YOU SEE FIT. UM, I THINK OUR STAFF REPORT AND, AND OUR COMMENTARY STANDS BUT THAT DOESN'T CHANGE YOUR ABILITY TO CONDITION THE PROJECT AS YOU SEE FIT. - I MEAN, WHAT I UNDERSTOOD WAS THERE WAS WARNING AGAINST ANY CONDITIONS, RIGHT? SO CAN WE, CAN WE SIMPLY SAY THAT THIS PROJECT COULD HAVE ACCESS FROM CAPITOLA ROAD IF, UM, YOU KNOW, IF THE APPLICANT WANTED TO PURSUE THAT ADDITIONAL, YOU KNOW, STUDIES THAT YOU'RE RECOMMENDING ON THEIR OWN, RIGHT, WITHOUT REQUIRING IT. UM, RIGHT, SO NOT AS A CONDITION, BUT AS AN OPTION. COULD WE? - I THINK THE POLICY BOARD, YOUR BOARD HAS THAT DISCRETION. SO I THINK YOU COULD LAY IT OUT ANY WAY YOU SEE FIT. UM, I THINK WHAT I'M TRYING TO SAY IS THAT UH, STAFF MAKE A, MADE A RECOMMENDATION. IT'S JUST A RECOMMENDATION. IF YOU SEE A BETTER WAY, UH, TO GET THIS PROJECT GOING, THEN YOU CAN CERTAINLY SUGGEST, OFFER, UH, WHATEVER THE BOARD FEELS COMFORTABLE WITH, THEN, UM, THAT'S YOUR DISCRETION. UH, BUT I THINK FROM A STAFF PERSPECTIVE, WE'RE GONNA STAND WITH OUR, OUR REPORT UM, BUT ALSO STAND OUT OF THE WAY SO THAT THE BOARD CAN DO WHAT THEY FEEL IS RIGHT. - OKAY, THANK YOU. UM, I'M WONDERING IF COUNCIL CAN COMMENT ON THIS SUGGESTION. WE HAD ALSO, UM, YOU KNOW, FAIR, FAIRLY LATE IN THE GAME HERE BUT YOU KNOW, THE, UH, GAME'S NOT OVER UNTIL THE BELL RINGS. UM, UH, THAT FROM THE APPLICANT THAT WE SEEK DECLARATORY RELIEF FROM THE COURTS AND, UM, YOU KNOW, BASICALLY HAVING THEM WEIGH IN ON WITH AN OPINION ON WHETHER OR NOT WE WERE, HAD A COMPLIANT HOUSING ELEMENT EARLIER THAN THE APRIL 12TH DATE. - SO I WOULD NOT RECOMMEND THAT, YOU KNOW, IN MY CAPACITY AS THE LAWYER FOR THE COUNTY OVERALL, AND IN TRYING TO DO THE BEST I CAN TO PROVIDE YOU WITH LEGAL ADVICE TO PROTECT THE COUNTY FISC, UM, I WOULD NOT RECOMMEND THAT. - CAN YOU EXPLAIN WHY? - UM, YEAH, I DON'T, I DON'T THINK IT'S A, I, WELL, I WANNA BE CAREFUL BECAUSE I DON'T WANNA LITIGATE, YOU KNOW, THESE ISSUES IN A PUBLIC HEARING. I THINK IT'S FAIRLY LIKELY THAT THESE MATTERS ARE GONNA BE LITIGATED AT SOME POINT. BUT WHAT I WILL SAY IS THAT THESE STAFF RECOMMENDATIONS THAT ARE BEFORE YOU TODAY, WERE MADE IN CONJUNCTION WITH MY OFFICE AND THEY REPRESENT WHAT WE THINK ARE THE MOST LEGALLY DEFENSIBLE OPTIONS FOR THE BOARD. I THINK, UH, IF YOU WERE TO FILE A LAWSUIT, UH, YOU KNOW, FIRST OF ALL, WE HAVE TO DECIDE WHO YOU'RE SUING. YOU KNOW, UH, I, I DON'T, I DON'T NECESSARILY GET TO JUST WALK INTO COURT AND PLOP SOMETHING DOWN ON A, UH, YOU KNOW, A JUDGE'S DESK AND ASK THEM TO MAKE A DECISION. UM, I DO HAVE CONCERNS TO THE EXTENT THAT THE BOARD WERE TO MAKE A DECISION THAT WERE TO LENGTHEN THIS AND IT COULD TURN THE SITUATION INTO ONE WHERE WE COULD BE POTENTIALLY ACTING IN BAD FAITH OR BE DETERMINED TO BE ACTING IN BAD FAITH. THE NUMBER HAS BEEN TOSSED AROUND TO YOU OF $2.85 MILLION. I ACTUALLY THINK THE NUMBER IS CONSIDERABLY HIGHER THAN THAT UM, THAT, THAT THE COUNTY COULD BE EXPOSED TO IN THIS CASE. AND THOSE ARE UNINSURED LOSSES. WE DO NOT HAVE INSURANCE FOR IT. SO THAT WOULD BE MONEY THAT WOULD BE COMING DIRECTLY FROM THE GENERAL FUND. UM, SO I CAN CONTINUE DISCUSSING IT, BUT I WOULD PREFER NOT TO. I WOULD PREFER TO SPEAK ABOUT IT WITH YOUR BOARD IN CLOSED SESSION IF AND WHEN IT BECAME NECESSARY TO DO SO. - YOU KNOW, THE, THE CASE OF, OF LOS GATOS WAS PROVIDED AS AN EXAMPLE AS, UM, YOU KNOW, A CITY THAT'S SOUGHT DECLARATORY RELIEF. UM, YOU KNOW, WHY COULDN'T, WHY IS THIS NOT SO? - FIRST OF ALL, MY UNDERSTANDING IS THAT THEY, MY UNDERSTANDING IS THAT THEY LOST LAST WEEK IN DOING THAT. I HAVE NOT SEEN A GOVERNMENT ENTITY, UH, THAT HAS WON ONE OF THESE CASES. SO THIS IS ALSO SOMETHING THAT'S INFORMING OUR OPINION, AND THE WAY THAT WE ARE CRAFTING RECOMMENDED ACTIONS THAT WE'RE BRINGING TO YOUR BOARD. - COULD YOU JUST CITE SOME OF THE CASES YOU'VE LOOKED AT WHERE LOCAL JURISDICTIONS HAVE TRIED TO, YOU KNOW, STAND UP AND SAY THAT THE STATE HOUSING LAWS DIDN'T APPLY TO THEM OR WERE BEING INCORRECTLY INTERPRETED BY DEVELOPERS, APPLICANTS. [05:00:07] WHAT ARE SOME OF THE OTHER CASES YOU'VE LOOKED AT? - YEAH, WELL, ONE OF 'EM WAS THE CITY OF LA HABRA, UH, CASE I THINK, BUT MS. KURKISH IS MORE DIRECTLY FAMILIAR WITH THE NAMES OF THE CASES, IF THAT'S IMPORTANT. - IN ADDITION TO THE CITY OF LOS GATOS CASE, THERE WAS THE LA CAÑADA FLINTRIDGE CASE. UM, AND I DON'T HAVE ANY OTHER ONES OFF THE TOP OF MY HEAD, BUT I CAN PROVIDE THAT INFORMATION TO YOUR BOARD. - I, I MEAN, I JUST ASK BECAUSE IT WAS CITED NUMEROUS TIMES UH, DURING PUBLIC COMMENT THAT THIS BOARD OUGHT TO STAND UP AND, YOU KNOW, FIGHT BACK AGAINST THESE, YOU KNOW, UNJUST LAWS. THAT THIS WAS SOMEHOW ANALOGOUS TO THE CASE OF, UM, YOU KNOW, FEDERAL OVERREACH AND DISREGARD FOR OUR CONSTITUTION THAT WE'RE SEEING AT, AT THIS TIME. AND, UM, AND, AND SO, UH, I UNDERSTAND THAT IT'S NOT THAT WE ARE IN FACT DEALING WITH HOUSING LAWS THAT ALL OF OUR LEGISLATORS IN THIS COMMUNITY VOTED FOR. UM, AND, AND THAT'S SIMPLY WHY I AM ASKING FOR SOME OF THE EXAMPLES THAT YOU'VE LOOKED AT. I MEAN, YOU MENTIONED A, A NUMBER OF 'EM, SO THANK YOU. UM, THAT THIS IS NOT, UM, AS YOU SAID SOMETHING WHERE OTHER LOCAL JURISDICTIONS HAVE BEEN SUCCESSFUL IN FIGHTING BACK AGAINST THE STATE. - YEAH, I JUST, I JUST HAVE NOT SEEN LOCAL JURISDICTIONS BEING SUCCESSFUL WITH MAKING THESE ARGUMENTS, WHETHER IT'S BEFORE A COURT OR WHETHER IT'S BEFORE HCD, WHEN THEY'RE SEEKING TECHNICAL ADVICE. UH, I, I JUST, I JUST HAVE NOT SEEN IT, AND THAT INFORMS MY ADVICE ABOUT WHAT I AM PREPARED TO RECOMMEND YOUR BOARD GO DO AROUND THESE ISSUES. - UM, YOU KNOW, ONE OF THE TECHNICAL POINTS IN THIS, UH, IN DETERMINING WHETHER OR NOT WE WERE IN BUILDERS REMEDY AT THE TIME OF THIS APPLICATION IS SORT OF THE, UM, LOOKING AT THE DIFFERENCE BETWEEN THE STATUTE AND THE BILL, RIGHT? THAT DEFINE WHEN WE HAVE A COMPLIANT HOUSING ELEMENT. AND I THINK THAT THE APPELLANT SAID, YOU KNOW, IT DOESN'T SAY ANY ANYWHERE IN THE STATUTE THAT YOU HAVE TO HAVE A CERTIFIED LETTER FROM HCD, AND SO THEREFORE, UM, YOU KNOW, THERE ARE CONFIRMATION THAT THEY STOPPED WORKING ON IT AFTER A CERTAIN DATE WAS SUFFICIENT. UM, BUT I BELIEVE THE, THE BILL, UH, I BELIEVE IT'S 1886 IF I REMEMBER CORRECTLY, UM, DOES MENTION THAT A CERTIFIED LETTER IS NEEDED. CAN YOU JUST... - YEAH, YEAH. THERE'S LANGUAGE THAT IS SET UP IN THE LEGISLATIVE INTENT OF A STATUTE WHERE THE LEGISLATURE SAYS, THIS IS WHAT WE MEAN AROUND THIS ISSUE. UM, AND THEN THERE IS SEPARATE LANGUAGE THAT ACTUALLY IS DIRECTORY IN NATURE OR REGULATORY IN NATURE, AND THE LANGUAGE THAT WE'RE RELYING ON IN AB 1886 CAME FROM THE LEGISLATURE IN THE, WHERE THE LEGISLATURE TOLD US WHAT THEY WANTED US TO DO. UM, AND THAT HAS BEEN SUPPLEMENTED BY ADDITIONAL INFORMATION FROM HCD, UH, THAT HAS SAID, YEAH, THAT'S RIGHT. UM, SO I CAN'T PROVIDE YOU WITH MUCH, MUCH MORE BEYOND THAT. - OKAY, UM, I MEAN, AS YOU POINTED OUT, BOTH THE APPELLANT AND THE APPLICANT IN THIS CASE HAVE TOLD THE PRESS THAT THEY PLAN TO SUE US, THE COUNTY UH, NO MATTER WHAT WE VOTE HERE TODAY. UM, WHICH IS ALWAYS A FUN PLACE TO BE. THANKS ALL. UM, NOW YOU'VE MENTIONED THAT YOU BELIEVE THEY'RE BETWEEN FINES THAT HCD COULD, UM, BRING INTO EFFECT AND, YOU KNOW, THE COST OF DEFENDING A CASE AND DAMAGE, ET CETERA, THAT IF WE ARE DEFENDING, UM, WELL, THE, THE DECISION TO DENY THE PROJECT THAT YOU BELIEVE THAT COULD, COULD COST THE COUNTY AND TO THE MILLIONS OF DOLLARS. IS THAT CORRECT? - THAT'S, THAT'S ACCURATE. AND THE, THE BASIS FOR THAT IS BECAUSE THERE ARE $10,000 FINES AS A FLOOR APPLIED TO EVERY UNIT. SO, SO 57 TIMES 10,000, BUT THAT INCREASES TO FIVE TIMES THAT AMOUNT IF THE COURT DECIDES THAT YOUR BOARD ACTED IN BAD FAITH. AND SO THAT'S WHERE THIS $2.85 MILLION NUMBER IS RUNNING AROUND. BUT THAT 2.85 NUMBER DOESN'T CONTEMPLATE THE AMOUNT, THE MILLIONS OF DOLLARS THAT THIS BOARD COULD SPEND IN ATTORNEY'S FEES, UH, IN, UM, HAVING TO PAY FOR YOUR OWN ATTORNEY TO REPRESENT YOU AND TO HAVE TO PAY FOR, UH, YOU KNOW, ATTORNEY'S FEES FOR A WINNING PARTY POTENTIALLY IN THE MATTER. UM, IT'S A, IT'S A VERY LARGE LEVEL OF EXPOSURE. - SO IF THAT WERE THE PATHWAY THAT WE TOOK, AND YET THE COURT FOUND THAT WE WERE CORRECT, THAT WE HAD A COMPLIANT HOUSING ELEMENT, [05:05:02] THIS IS NOT A BUILDERS REMEDY APPLICATION. WOULD THE APPLICANT, ASSUMING IN THAT CASE THEY WERE THE PLAINTIFF SUING THE COUNTY, WOULD THEY BE REQUIRED TO REIMBURSE THE COUNTY FOR ATTORNEY'S FEES? - NO. YOU, YOU, UM, IT'S, UM, ATTORNEY'S FEES ARE A MATTER THEY'RE, THEY'RE MANAGED BY STATUTE OR BY CONTRACT. AND SO WE, YOU KNOW, IF YOU, YOU, YOU NEED TO HAVE A STATUTE THAT ALLOWS YOU TO OBTAIN ATTORNEY'S FEES FROM SOMEONE, UH, OR A CONTRACT AND WE DON'T HAVE THAT SITUATION HERE. - OKAY, SO IF WE DENY THE PROJECT, YOU'RE SAYING WE EITHER LOSE LITTLE OR WE LOSE A LOT. - YES, I MEAN, I, YES, I'M, I'M CONCERNED ABOUT THE EXPOSURE THAT WOULD, THAT THIS COUNTY WOULD BE FACING IF YOU WERE TO DO OTHER THAN, UM, IF YOU WERE TO TAKE AN ACTION INCONSISTENT WITH THE RECOMMENDED ACTIONS. - OKAY, NOW, IF UM, THIS BOARD WERE TO APPROVE THE PROJECT AND THE APPELLANT WERE TO SUE US, UM, THEN WOULD, WOULD WE NOT HAVE SIMILAR ATTORNEY'S FEES IN DEFENDING THAT CASE? - WE, WE WOULD NOT. AND, AND THE REASON FOR THAT IS BECAUSE IN A LAWSUIT THAT WOULD COME FROM PROJECT OPPONENTS THE APPLICANT WOULD HAVE TO PAY FOR ALL OF THE ATTORNEY'S FEES AND WOULD HAVE TO INDEMNIFY US FOR ANY, UM, ANY, ANYTHING RELATED TO THE APPLICATION. - AND THERE'S NO ONE THAT HCD COULD LEVY THOSE, YOU KNOW, WHATEVER IT IS, 500,000 TO $2.85 MILLION IN FINES AGAINST, IN THAT CASE, EITHER? I MEAN, THEY... - NO, THEY COULDN'T. - RIGHT, SO THAT, I MEAN, IS ONE STRUCTURAL ADVANTAGE TO A SITUATION WHERE THE APPELLANT IN THIS CASE IS THE ONE, UM, SEEK, YOU KNOW, ASKING THE COURTS TO, UM, FOR GREATER CLARITY ON THE DATE THAT WE WERE IN COMPLIANCE IS THAT THERE'S NOT THE RISK OF MILLIONS OF DOLLARS IN FINES. - YES, THAT IS AN AVENUE THAT, THAT AN AGGRIEVED PARTY, UH, COULD TAKE, AND THE, IF THE, IF THE PROJECT OPPONENTS WEREN'T HAPPY WITH THIS OUTCOME OF WHAT HAPPENED HERE TODAY THEY HAVE AN OPPORTUNITY TO LITIGATE, UM, THEY COULD DO THAT. - OKAY. UM, WELL, I'LL JUST SAY THAT, I MEAN, I CERTAINLY SYMPATHIZE WITH A LOT OF THE ARGUMENTS THAT THE APPELLANTS HAVE MADE HERE. UM, I, I CERTAINLY AGREE THAT IT DOESN'T FEEL LIKE THE PUNISHMENT FITS THE, THE CRIME HERE. AND THEN IN FACT, THE COUNTY REALLY HASN'T COMMITTED A CRIME THAT WE SHOULD BE PUNISHED FOR WITH BUILDER'S REMEDY. WE, WE DID ACT IN GOOD FAITH TO COMPLETE OUR HOUSING ELEMENT UH, IN THE BEST TIME POSSIBLE. UM, AND IT'S FRUSTRATING THAT AND I MEAN, I SUPPOSE WE COULD HAVE BUILT IN A LITTLE BIT MORE TIME IN TERMS OF TRYING TO GET THIS APPROVED IN, UM, BY THE BOARD OF SUPERVISORS IN OCTOBER OR EARLIER RATHER THAN NOVEMBER. BUT STILL, UH, A LOT OF THIS IS DUE TO THE BUREAUCRATIC DELAY AT THE STATE LEVEL IN ACTUALLY ISSUING THIS LETTER. UH, I MEAN, IF EMPLOYEES IN THE COUNTY IT TOOK OVER A MONTH TO, BETWEEN THE TIME THEY SAID WE THINK SOMETHING'S DONE AND ACTUALLY ISSUING A SINGLE LETTER PIECE, ONE PIECE OF PAPER, I THINK I, I WOULD BE PRETTY FRUSTRATED AND WE'D HAVE TO HAVE A CONVERSATION WITH OUR CEO ABOUT THE PERFORMANCE OF COUNTY EMPLOYEES. AND I HOPE THEY'RE HAVING SIMILAR CONVERSATIONS AT THE STATE AND I WOULD LOVE TO TAKE AN ACTION TODAY THAT FORCE 'EM TO DO THAT. UM, BUT I DON'T SEE THAT, UM, YOU KNOW, SANTA CRUZ COUNTY STANDING UP IS GONNA MAKE HCD QUAKE WITH FEAR AND, UH, RECONSIDER THEIR LIVES. SO, UM, GIVEN THAT, UM, YOU KNOW, I THINK WE DO HAVE TO CONSIDER THE LARGE AMOUNT OF EXPOSURE THAT THE COUNTY COUNCIL HAS OUTLINED HERE. I MEAN, THIS, WE WERE TALKING ABOUT MILLIONS OF DOLLARS THAT IS PURELY GENERAL FUND MONEY. THAT IS OUR TAX DOLLARS THAT COULD BE... - [INAUDIBLE]. - EXCUSE ME, SIR. - [INAUDIBLE] WILL COST. - SIR. SIR, I'M SORRY. WE ARE IN THE DELIBERATIONS RIGHT NOW, SO THIS CONVERSATION'S HAPPENING HERE AT THE BOARD. I NEED TO ASK YOU TO REFRAIN FROM SPEAKING. - SO, I MEAN, AND IT SEEMS LIKE WE HAVE SIMILAR EXPOSURE EVEN IN TRYING TO ASK FOR SOMETHING LIKE DECLARATORY RELIEF, IF THAT IS EVEN AN OPTION. SO, UM, I'LL LEAVE MY COMMENTS THERE FOR NOW AND ASK IF, SEE IF MY, MY COLLEAGUES HAVE ANY OTHER COMMENTS. - ANY FURTHER COMMENTS? - JUST A FEW QUESTIONS FOR CLARIFICATION. I THINK, UH, MANU MIGHT HAVE TOUCHED ON SOME OF THEM, THE WHOLE THING ABOUT US BEING COMPLIANT WITH, WITH, UH, THE HOUSING ELEMENT. WHAT'S YOUR OPINION ON THAT OR WHAT, WHAT'S THE FACTS ON THAT? [05:10:02] - AS I, AS I, AS I EXPLAINED, UM, UH, TANGENTIALLY IN RESPONSE TO SUPERVISOR KOENIG'S COMMENTS. I DON'T, I DON'T, I'M NOT CONFIDENT IN THE SUCCESS OF ANY OF THOSE ARGUMENTS. - OKAY. AND I THINK I SELF, UH, I KIND OF AI'D MY ANSWER HERE. UH, BASED ON RECENT COURT DECISIONS IN CALIFORNIA, NO CITIES OR COUNTIES HAVE GENERALLY WON COURT CASES THAT WOULD'VE ALLOWED THEM TO BYPASS BUILDER'S REMEDY, AND IT DID CITE LA CAÑADA, UH, CITY OF GOLETA, BEVERLY HILLS, LOS GATOS. OH WOW. YEAH, IT'S PRETTY QUICK. CITY OF CUPERTINO AND ON AND ON. IT'S FROM CALIFORNIA PLANNING GUIDE THAT THEY GOT THE INFORMATION FROM. ANSWERED MY QUESTION. THANK YOU. - SUPERVISOR CUMMINGS. - I GUESS I'LL START WITH A COUPLE COMMENTS. I DO WANT TO SAY THAT, UM, I APPRECIATE THE WORK THAT'S GONE INTO THIS, BUT I THINK, YOU KNOW, ONE OF THE THINGS I DON'T REALLY APPRECIATE IS THE FACT THAT WE'RE GETTING RECOMMENDATIONS COMING IN DURING OUR MEETING FOR CHANGING APPARENTLY THE WORK THAT WAS DONE BETWEEN COUNTY COUNCIL AND STAFF, YOU KNOW, FOR SUBSTANTIAL AMOUNT OF TIME AND IT PUTS US IN A DIFFICULT SITUATION BECAUSE I STILL DON'T NECESSARILY UNDERSTAND THE CHANGE, THE RECOMMENDATION THAT WAS MADE. AND EVEN AS STAFF WAS REVIEWING IT, I SEE THE HEADS OF THE DEVELOPERS OVER HERE SHAKING THE, THAT LIKE SHAKING NO. SO NOW, I DON'T KNOW WHAT WE'RE SUPPOSED TO BE TAKING ACTION ON IN TERMS OF THE AFFORDABLE HOUSING PIECE. WHICH I THINK IS THE MOST CRITICAL PIECE OF THIS, IN ADDITION TO WHAT'S MORE CRITICAL IS THE ABUSE OF THIS PROCESS. UM, AND I JUST WANT FOR PEOPLE TO BE CLEAR, UM, I REPRESENT THE MAJORITY OF THE CITY OF SANTA CRUZ, AND THEN AS YOU GO UP THE NORTH COAST, AND SO THERE'S SOME REFERENCE TO HOUSING THAT'S COMING ON BOARD IN OUR COMMUNITY. THERE'S A LOT COMING ON BOARD IN THE CITY OF SANTA CRUZ. AND JUST SO YOU ALL KNOW, A 435 SQUARE FOOT STUDIO IN THE NEW RIVER ROW APARTMENTS STARTS AT $3,150 PER MONTH FOR RENT, FOR STUDIO. SO THIS NOTION THAT THIS IS BRINGING HOUSING TO OUR COMMUNITY THAT'S GONNA SERVE THE PEOPLE WHO LIVE IN THIS COMMUNITY IS WRONG. RIGHT? I MEAN, I THINK IF THERE WAS A GOOD FAITH EFFORT IN BRINGING HOUSING TO OUR COMMUNITY, A HUNDRED PERCENT AFFORDABLE HOUSING, HOUSING THAT WOULD FIT THE WAGES OF OUR NURSES AND OUR TEACHERS AND OUR SERVICE WORKERS THAT WOULD BE SOMETHING THAT I THINK A LOT OF FOLKS WILL BE OKAY WITH. SO LONG AS IT WAS IN, YOU KNOW, DONE IN, AT THE SCOPE AND SCALE THAT'S FITTING FOR CERTAIN COMMUNITIES. SO I, I DO HAVE SOME, SOME SYMPATHY FOR THE FOLKS HERE BECAUSE, YOU KNOW, I DON'T THINK ANY OF US COULD EVEN AFFORD TO LIVE IN THAT HOUSING. UM, THE OTHER THING THAT I WANNA SAY IS THAT I THINK IT'S REALLY CRITICAL FOR EVERYBODY WHO'S SHOWN UP AND EVERYBODY WHO'S CONCERNED WITH WHAT IS HAPPENING HERE TODAY TO PLEASE REACH OUT TO YOUR STATE ELECTED OFFICIALS. DON ADDIS, GAIL PALIN, ROBERT RIVAS, THEY'RE ALL GONNA BE ON THE BALLOT. THEY ALL HAVE A, A SAY IN VOTES ON HOW THESE STATE LAWS IMPACT US HERE LOCALLY AND THEY REPRESENT YOU TOO. AND IN ORDER FOR US TO MAKE SURE THAT THESE TYPES OF POLICIES DON'T COME DOWN AND IMPACT US NEGATIVELY, THEY NEED TO BE THE ONES WHO ARE ALSO TAKING UP THESE CONCERNS AND VOTING IN WAYS THAT ARE GONNA BE AND PUTTING LAWS FORWARD THAT ARE APPROPRIATE WITH OUR COMMUNITY. UM, AND ALSO ASKING THEM TO HOLD THEIR STAFF ACCOUNTABLE. UM, I THINK WHAT HAS BEEN REALLY ILLUMINATING FROM WHAT THE APPELLANTS HAVE SENT FORWARD THAT WASN'T PROVIDED BY OUR STAFF WERE THE VARIOUS EMAILS THAT CAME FORWARD, YOU KNOW, WHEN THEY WERE TRYING TO GET, UH, HCD STAFF TO SEND LETTERS OF COMPLIANCE AND THEY JUST DELAYED. AND, AND SO IT WAS ON THE PART OF THE STATE WHERE SOME OF THOSE LETTERS WERE DELAYED. IT WASN'T THAT THE HOUSING ELEMENT WASN'T CERTIFIED. THEY JUST SAT ON THEIR HANDS AND DIDN'T BOTHER SENDING US A LETTER. AND SO I THINK, YOU KNOW, I WOULD, I WOULD THINK THAT A COURT WOULD SEE THAT AS BEING, YOU KNOW, THEM NOT ACTING IN GOOD FAITH. UM, WHEN WE HAVE ACTED IN GOOD FAITH TO DO EVERYTHING WE COULD TO TRY TO GET THIS HOUSING ELEMENT CERTIFIED IN THE APPROPRIATE TIMEFRAME. UM, I DO UNDERSTAND THE CONCERNS AROUND RISK AND I COMMEND OUR COUNTY COUNCIL FOR, UM, YOU KNOW, DOING ITS JOB OF MAKING SURE THAT WE ARE NOT PUTTING OURSELVES IN A VERY RISKY POSITION. UM, BUT I MEAN, I, I'M PRETTY UNCOMFORTABLE WITH EVEN, YOU KNOW, FINDING OUT AFTER OUR PRESENTATION THAT NOW THERE'S A CHANGE IN THE LANGUAGE. WE DON'T HAVE ENOUGH TIME TO UNDERSTAND WHAT CHANGES HAVE BEEN RECOMMENDED. THE COMMUNITY DOESN'T HAVE ENOUGH TIME TO UNDERSTAND THAT. AND SO, UM, AND I THINK THAT THERE IS, UM, YOU KNOW, A REAL OPPORTUNITY FOR DECLARATORY RELIEF. UM, THAT'S SOMETHING THAT WAS MENTIONED IN THE LETTERS THAT WERE BROUGHT FORWARD BY THE ATTORNEYS, WE'VE HAD MULTIPLE ATTORNEYS WEIGH IN AND SAY THAT THIS COULD BE A PATH FORWARD. AND SO IF THERE IS AN OPPORTUNITY FOR US TO CONSIDER THAT, GIVEN THAT WE HAVE NEW INFORMATION THAT CAME IN FROM THE OTHER ATTORNEYS TODAY, I THINK IT'S ONLY, YOU KNOW, PRUDENT ON OUR PART THAT WE UNDERSTAND, UM, THAT ONE THAT THE, THE RECOMMENDATION BE PUBLISHED SO THAT THE COMMUNITY CAN UNDERSTAND WHAT THEY'RE RECOMMENDED [05:15:03] THE, UH, THE APPLICANTS ARE RECOMMENDING. I MEAN, IT DOESN'T EVEN SOUND LIKE WE ARE IN AGREEMENT RIGHT NOW WITH WHAT THAT IS AND UNDERSTANDING WHAT OUR, YOU KNOW, THE POTENTIAL PATH FOR DECLARATORY RELIEF WOULD BE. AND SO, YOU KNOW, I, WE DIDN'T HAVE TO CONTINUE THIS, BUT WE KNOW THAT EVERYBODY WAS HERE. BUT I THINK THAT, THAT IF THERE IS AN OPTION FOR US TO CONTINUE THIS SO THAT WE HAVE A CLARITY AROUND THESE OPTIONS I THINK THAT WOULD BE MOST APPROPRIATE IN MY OPINION. - YEAH, I, I THANK YOU SUPERVISOR CUMMINGS. I, I, I WILL SAY THAT I DON'T. I FRANKLY DON'T UNDERSTAND WHY THE DEVELOPERS WERE SHAKING THEIR HEADS, UH, AROUND THAT, UH, PROVISION. WE THOUGHT WE HAD, UH, THREADED THE NEEDLE IN A WAY THAT MET, UH, THEIR NEEDS. AND, UM, IT SEEMS LIKE THERE'S A VERY ACADEMIC ARGUMENT THAT'S GOING ON RIGHT NOW AROUND THIS ISSUE. UM, THEY COULD HAVE ACTUALLY ACCEPTED THIS TERM AS PART OF THE ORIGINAL APPLICATION. UM, UH, BUT MY UNDERSTANDING IS THAT THEY DIDN'T HAVE CONFIDENCE THAT, UM, THAT STAFF WOULD FOLLOW THROUGH WITH STAFF'S COMMITMENT AROUND IT. AND SO WE THOUGHT, OKAY, WELL, WE'LL, YOU KNOW, PUT IT INTO A CONDITION OF APPROVAL AND ACTUALLY PUT IT INTO THE PAPERS THAT SAY THAT THEY DON'T YOU KNOW, THEY HAVE TO BE PART OF THE MEASURE J PROGRAM, WHICH IS ONE OF THE OPTIONS THEY COULD HAVE SELECTED ORIGINALLY. BUT THAT NONE OF THE LOCAL REQUIREMENTS WILL APPLY OTHER THAN UH, AND THEY WON'T HAVE TO DO ANYTHING BEYOND WHAT STATE LAW REQUIRES. SO I ACTUALLY DON'T UNDERSTAND AT THIS POINT WHY THEY WOULD, UM, WHY THEY WOULD WANT TO CREATE A FURTHER LITIGABLE ISSUE AROUND THIS, UM, OTHER THAN THE IDEA THAT JUST THEY JUST WANT TO FIGHT. I, I DON'T, I DON'T, I DON'T KNOW, BUT, SO... - I'D ACTUALLY LIKE TO ASK THEM IF THEY REPRESENT. - THEY, YOU KNOW, IF YOUR BOARD WANTS TO HEAR FROM THEM AND THE CHAIR AGREES, UH, WANTS TO HEAR FROM THEM ON THAT ISSUE, THEY CAN COME UP AND EXPLAIN. - BECAUSE I MEAN, YOU KNOW, WE'RE ESSENTIALLY SUPPOSED TO MAKE A DECISION ON SOMETHING THAT WE WEREN'T MADE AWARE OF UNTIL THE MIDDLE OF THIS MEETING. - SO THIS IS THE TIME FOR THE BOARD TO GET THE ANSWERS THAT WE NEED TO MAKE A DECISION. SO, SUPERVISOR CUMMINGS, IF YOU'D LIKE TO ASK A COUPLE DIRECT QUESTIONS TO THE APPLICANT, YOU'RE WELCOME TO DO SO. - I CAN, I CAN SPEAK TO THIS AS WELL. - SURE. - OKAY, NATALIE KIRKISH, ASSISTANT COUNTY COUNSEL. MY UNDERSTANDING IS THE PART OF THE CONDITION THAT THE APPLICANT IS OPPOSED TO IS THE REQUIREMENT TO ENTER INTO AND RECORD AN AFFORDABLE HOUSING RENT REGULATORY AGREEMENT, AND THAT'S THE AGREEMENT THAT WE USE FOR THE COUNTY USES FOR ALL MEASURE J UNITS. UM, IT SENDS THE RENT AMOUNTS, IT SENDS THE INCOME REQUIREMENT AMOUNTS, UM, AND IT BASICALLY ALLOWS FOR THE, UM, OPERATION OF THE UNITS AS MEASUREMENT J UNITS. - FOUR? - YES, SO THAT WOULD BE FOR THE FOUR EXISTING DENSITY BONUS UNITS. AND AS I STATED, IT WOULD, UM, ONLY APPLY THE REQUIREMENTS OF STATE LAW. - MONICA, CAN I ASK HER A QUESTION? - SO, I JUST WANT TO CONFIRM WITH SOMEBODY FROM THE DEVELOPER TEAM ON WHAT HAS BEEN PROPOSED 'CAUSE EARLIER I SAW SOME HEADS SHAKING NO. AND SO, I JUST WANNA MAKE SURE, I JUST WANT TO UNDERSTAND AND I, YOU KNOW, YEAH. I'LL JUST LEAVE IT AT THAT FOR NOW. - THANK YOU SO MUCH, UH, BRIAN [INAUDIBLE]. [INAUDIBLE] - THANK YOU. UH, THE, THE TWO ISSUES THAT, UM, UH, WE, WE HEARD AS THIS WAS READ FOR THE FIRST TIME AFTER OUR REBUTTAL WERE THE LOCAL REGULATORY AGREEMENT AND BEING OPERATED AS MEASURE J UNITS. UH, THOSE ARE LOCAL REQUIREMENTS THAT ARE PREEMPTED BY THE STATE LAWS THAT THESE UNITS ARE ACTUALLY BEING PROPOSED UNDER THE DENSITY BONUS LAW AND THE BUILDERS REMEDY. UM, THE REST OF IT SOUNDS FINE. WE'RE FINE WITH IT BEING COUNTED AS MEASURE J UNITS. UH, THEY WILL BE DEED RESTRICTED AS REQUIRED BY STATE LAW BUT THE LOCAL REGULATORY AGREEMENT AND LOCAL OPERATION AS MEASURE J, UH, THOSE ARE NOT ALLOWED BY STATE LAW. SO THIS MAY BE A DISTINCTION THAT WAS NOT INTENDED, UH, IN THE DRAFTING OF THAT REVISED LANGUAGE BUT, UH, WITH THOSE TWO PARTIAL SENTENCES, UH, REMOVED WE WOULD BE FINE WITH THAT. - SO WHO WOULD BE CONTROLLING THOSE UNITS THEN? - THEY'RE CONTROLLED AS STATE LAW, UH, AFFORDABLE HOUSING UNITS. SO THIS IS HOW ALL DENSITY BONUS LAW PROJECTS ARE OPERATED IN THE STATE. THEY'RE SUBJECT TO THE STATE REQUIREMENTS FOR AFFORDABLE UNITS. - YEAH, SO AT THIS POINT, WE WERE HOPEFUL THAT WE COULD REACH SOME KIND OF AN AGREEMENT WITH THE LAST MINUTE, UM, KIND OF INPUT THAT WE'RE GETTING. UM, BUT I'M NOT REALLY COMFORTABLE, YOU KNOW, PROVIDING YOU [05:20:05] WITH ADVICE BEYOND THE TERM AND CONDITION THAT WE PROPOSED. SO YOU MAY WANT TO CONSIDER POSTPONING THIS FOR 30 DAYS SO THAT WE CAN, WE CAN, UM, YOU KNOW, HEAR... WELL, THAT I CAN ACTUALLY READ THE LETTER FOR ONE THING 'CAUSE I HAVEN'T ACTUALLY READ THE LETTER THAT WAS SUBMITTED. UH, AND THAT THE PUBLIC CAN SEE IT AND, UM, AND WE CAN CONFER WITH PLANNING STAFF ABOUT IT. I'M JUST THROWING THAT OUT AS AN OPTION, IF YOU'RE UNCOMFORTABLE MOVING FORWARD WITH THE STAFF RECOMMENDATION AND THE REVISED, UH, CONDITION, UH, OF APPROVAL. - THANK YOU. - I'M SO SORRY. - UH, GO AHEAD. - IF I COULD SUGGEST A 15 MINUTE RECESS AND WE COULD DISCUSS THIS, I, I SUSPECT WE COULD WORK IT OUT. - UH, IT'S THIS, THIS ISN'T, IT IS JUST THAT THIS ISN'T SUPPOSED TO BE A RUNNING, UM, UH, FOR LACK OF A BETTER WORD, LIKE A RUNNING GUN BATTLE. I MEAN, IT'S, IT'S, IT'S, UM, UH, IT'S, IT'S, IT'S PUTTING US IN A VERY AWKWARD POSITION TO GET SOMETHING OF THE NATURE THAT WE GOT AT THE LAST MINUTE LIKE WE DID. AND, UM, AND, AND I KNOW YOU APOLOGIZE FOR THAT, AND I THANK YOU FOR THAT. UM, UH, AND I'M, I'M, I'M HAVING TROUBLE AT THIS POINT, UM, PROVIDING ADVICE, UH, YOU KNOW, TO THE BOARD, TO THE EXTENT THAT YOU'RE, TO THE EXTENT THAT YOU'RE STILL CONTESTING WHAT WE TRIED TO PROVIDE IN GOOD FAITH. UM, I, I DON'T, I DON'T KNOW WHAT TO, TO SAY TO YOU, TO CONVINCE YOU OTHERWISE AT THIS POINT THAT, UM, YOU KNOW, THIS IS ESSENTIALLY WHAT WE'RE PROVIDING OR ASKING FOR AS A BOX CHECKING EXERCISE AROUND, AROUND THIS BEING IN OUR MEASURE J PROGRAM AND THAT WE'RE NOT GONNA BE DOING ANYTHING FURTHER THAN WHAT STATE LAW, UM, REQUIRES OF YOU. UM, BUT WE'LL GO AWAY FOR 30 DAYS AND WE'LL, WE'LL, WE CAN TALK ABOUT IT AND, AND, AND COME BACK AND, AND, AND HAVE ANOTHER HEARING. UM, THAT'S AN, THAT'S SOMETHING THAT THE BOARD CAN DO. - WELL, I... - SO THAT, THAT WOULD REQUIRE A MOTION. AND, UM, BEFORE WE DO THAT, I KNOW SUPERVISOR DE SERPA HAD QUESTIONS SO LET'S GET THE QUESTIONS OUT FIRST AND THEN I'LL ENTERTAIN A MOTION. - YEAH, BUT MANY OF MY QUESTIONS HAVE ALREADY BEEN ANSWERED. THANK YOU, UM, TO THE PUBLIC WHO HAS COME HERE AND, UM, MAJOR COMMENTS, UM, KNOWN TO US AND WE REALLY APPRECIATE YOUR INPUT. UM, SO IN TERMS OF THE MEASURE J PIECE, DOES MEASURE J RUN IN PERPETUITY OR IS THERE A SUNSET TO HOW LONG THOSE UNITS STAY IN MEASURE J? - YOU KNOW, I'M GONNA ASK STAFF TO SPEAK TO THAT ISSUE BECAUSE, UM, BECAUSE WE'RE TALKING ABOUT RENTAL UNITS HERE WE'RE NOT TALKING ABOUT, UM... - YEAH, CONDOS OR SOMETHING. - YES, EXACTLY. - GOOD AFTERNOON BOARD, STEPHANIE HANSON. COMMUNITY DEVELOPMENT AND INFRASTRUCTURE, TYPICALLY THEY'D RUN IN PERPETUITY. UM, THERE ARE, UH, SOME STATE REGULATIONS THAT ARE AT 55 THAT'S SOMETIMES, UM, OVERRIDE. SO ONE OR THE OTHER. - THANK YOU STEPHANIE. APPRECIATE THAT. MY NEXT QUESTION, UM, IS ABOUT SORT OF, I DON'T KNOW IF THIS IS THE RIGHT WORD, BUT LIKE ADJUDICATING WHAT THE ISSUES ARE HERE ABOUT DID WE HAVE A HOUSING ELEMENT OR NOT? IS THERE ANY WAY TO GET THAT IN FRONT OF A JUDGE EX PARTE OR ANYTHING LIKE THAT? NO. - NO, IT WOULD REQUIRE SOMEBODY TO SUE SOMEBODY, UH, AND IT WOULD, AND IT WOULD NOT BE SOMETHING THAT WOULD BE UH, YOU KNOW, RESOLVED IN SIXTY, NINETY, A HUNDRED TWENTY DAYS. IT'S THE KIND OF THING THAT'S A, IT'S, YOU'RE TALKING ABOUT A LAWSUIT AND, AND, UM, THAT COULD LAST, I WON'T EVEN PREDICT, IT COULD... WE HAVE LAWSUITS THAT WE'VE BEEN INVOLVED IN FOR EIGHT YEARS RIGHT NOW? SO IT'S NOT SOMETHING THAT I... - AND THERE'S NO OTHER WAY TO BASICALLY HAVE THAT AREA DECIDED. IT WOULD HAVE TO BE IN A LAWSUIT OR COULD IT? - YEAH, IT WOULD, IT WOULD HAVE TO BE IN A LAWSUIT. EVERYBODY, EVERYBODY... ALL THE, ALL THE PEOPLE THAT THAT CAN SPEAK TO THIS ISSUE HAVE BEEN CONSULTED AT THIS POINT. HCD HAS BEEN CONSULTED. UM, UH, YOU KNOW, EVERYBODY, EVERYONE'S SPOKEN THEIR PIECE. AND IF SOMEBODY WANTS A JUDGE TO WEIGH IN, THEN SOMEBODY'S GONNA HAVE TO FILE A LAWSUIT AND IF THE COUNTY WERE TO BE THE ONE TO DO THAT OR PROMOTE THAT UM, I'M NOT CONFIDENT ABOUT THE COUNTY'S SUCCESS ON THAT. AND I WOULD NOT RECOMMEND, I WOULD NOT RECOMMEND THAT THE COUNTY BE THE ONE TO DO THAT. - OKAY, AND THEN THE LAST THING I'LL SAY IS THAT I HAVE BEEN OUT TO THE PROPERTY LIKE MANY, SOUNDS LIKE MANY OF YOU HAVE. UM, YOU KNOW, I THINK ALL OF US WHO HAVE SEEN IT FEEL A LITTLE HEARTBROKEN FOR THE PEOPLE THAT LIVE THERE ON THE CUL-DE-SAC WITH ALL THE INS AND OUTS THAT ARE GONNA HAPPEN ON GREY SEAL IF THIS THING GOES THROUGH UM, I THINK LIKE SUPERVISOR KOENIG, [05:25:02] I WOULD BE MORE IN FAVOR, AT LEAST IF WE HAD AN INGRESS FROM CAPITOLA ROAD GOING INTO THE PROPERTY AND MAYBE THAT WAY IT WOULD AT LEAST CUT DOWN ON, UM, THE INS AND OUTS ON GREY SEAL. SO I, I DON'T KNOW IF THAT COULD HAPPEN, BUT... - YEAH, WELL, I THINK THE PROJECT APPLICANT HAS SAID THAT THAT IS SOMETHING THAT WOULD MAKE THE PROJECT INFEASIBLE. AND, UM, I DON'T WANNA SPEAK FOR THEM, BUT THAT'S MY UNDERSTANDING IS THAT THEY'VE, THEY'RE SAYING THEY'RE SAYING THAT THAT WOULD MAKE THE PROJECT INFEASIBLE IN SOME RESPECT. AND WE CANNOT TAKE AN ACTION THAT IS NOT BASED ON AN EXISTING STANDARD THAT WOULD MAKE A PROJECT INFEASIBLE. AND WE DON'T HAVE AN EXISTING STANDARD THAT, UH, THAT WOULD ADDRESS THIS ISSUE. AND IT DOES NOT APPEAR THAT THE APPLICANT, UH, WANTS TO, UH, WANTS TO DO THAT. UM, SO THAT'S, IF, IF PUSH CAME TO SHOVE, IF THE, IF THE APPLICANT WANTED TO DO THAT, I WOULD SAY GREAT. THAT, THAT SOUNDS, THAT SOUNDS GREAT. BUT, UM, IF, IF THE APPLICANT IS NOT WILLING TO DO IT, IT'S NOT SOMETHING THAT I WOULD, I WOULD RECOMMEND THAT YOUR BOARD UNDERTAKE. YOU KNOW, THE ISSUE OF THE MEASURE J, UM, ONE OF THE THINGS, IF YOUR BOARD DIDN'T WANT TO CONTINUE IT, YOU COULD JUST GO AHEAD AND APPROVE STAFF RECOMMENDATION WITH THE REVISED CONDITION THAT WE DRAFTED BECAUSE WE DON'T THINK THAT REQUIRING THEM TO MAKE THE UNITS PART OF OUR MEASURE J PROGRAM AND MAKE THOSE UNITS SUBJECT TO THE RIGHT WOULD, WOULD CONSTITUTE IT, IT WOULD MAKE THE PROJECT INFEASIBLE. SO, WE, WE DON'T UNDERSTAND OR AGREE WITH THAT IT WOULD MAKE THE PROJECT INFEASIBLE AND SO THAT'S SOMETHING THAT WE FEEL LIKE IS DEFENSIBLE AND THAT IF THEY WANT TO ARGUE ABOUT THAT AND GO TO COURT ABOUT THAT, UM, YOU KNOW, WE WOULD, WE WOULD BE WILLING TO GO, UM, ARGUE ABOUT THAT. SO THAT MAY BE, THAT MAY BE WHERE WE THREAD ANOTHER NEEDLE TODAY IS TO GET THERE. - SUPERVISOR KOENIG. - YES, THANK YOU, CHAIR. I MEAN, WHAT I'VE, WHAT I HEARD IN THE LANGUAGE THAT, UM, MS. KIRKISH READ REGARDING RECOMMENDED ACTION FOR, WAS REALLY BASICALLY AN ATTEMPT TO HONOR BOTH OUR MEASURE J ORDINANCE AND STATE LAW, RIGHT? AND THE, THE WORDING THAT I HEARD YOU SHARE WAS BASICALLY WE'RE GONNA REQUIRE COMPLIANCE WITH MEASURE J TO THE EXTENT THAT IT'S LEGAL UNDER STATE LAW. SO I DON'T SEE REALLY HOW WE CAN DO ANY BETTER THAN THAT, UM, AND SO RELUCTANTLY I WILL MOVE THE RECOMMENDED ACTIONS WITH AN AMENDMENT TO RECOMMENDED ACTION FOUR. THE REVISED CONDITION OF APPROVAL FOR TWO Q AS READ INTO THE RECORD BY COUNTY COUNSEL EARLIER AT THIS MEETING, AND ALSO ALLOWING ADDITIONAL INGRESS AND OR EGRESS FROM CAPITOLA ROAD AS DESIRED BY THE APPLICANT. - I'LL SECOND. - SO WE HAVE A MOTION FROM SUPERVISOR KOENIG AND A SECOND FROM SUPERVISOR DE SERPA. SUPERVISOR CUMMINGS. - YEAH, I JUST HAD A COUPLE QUICK QUESTIONS, UM, FOR STAFF BECAUSE WE DID RECEIVE, UM, SOME CORRESPONDENCE. UM, AND THROUGH THAT CORRESPONDENCE THERE WAS, YOU KNOW, SOME EMAILS THAT HAS BEEN RECEIVED THROUGH PUBLIC RECORDS ACT REQUESTS THAT WE WEREN'T REALLY MADE AWARE OF ASIDE FROM THROUGH THAT PROCESS. SO I'M WONDERING IF SOMEBODY FROM, UM, PLANNING COULD COME UP AND MAYBE ASK, ANSWER A FEW QUESTIONS REAL QUICK. - REGARDING THE HOUSING ELEMENT? - REGARDING THE HOUSING ELEMENT. - YES, STEPHANIE HANSON, HAPPY TO ANSWER ANY QUESTIONS. - SO I'M JUST WONDERING, UM, IN TERMS OF THE REVIEW OF THE HOUSING ELEMENT, IF YOU CAN SPEAK TO SOME OF THE COMMUNICATIONS YOU HAD BETWEEN THE COUNTY AND HCD BECAUSE IT SEEMED LIKE IN A LOT OF THESE EMAILS, UM, IT LOOKED AS IF HCD HAD COMPLETED SOME SUBSTANTIAL REVIEW BY MARCH 15TH, AND THAT THEY HAD TOLD THE COUNTY THAT THEY WERE READY TO CERTIFY THAT THERE HAD BEEN NO SUBSTANTIAL CHANGES AFTER MARCH 15TH, UM, AND THAT HCD ADMITTED THAT THERE WAS NO FURTHER REVIEW THAT OCCURRED AFTER MARCH 15TH. AND SO I'M JUST WONDERING IF YOU CAN SPEAK TO THAT BECAUSE BASED ON THAT, IT SEEMS LIKE, AND I'M NOT SAYING THIS TO, TO ARGUE WITH MY COLLEAGUES, I JUST WANT TO, FOR THE PUBLIC TO UNDERSTAND WHAT THE COMMUNICATIONS WERE BETWEEN YOU ALL AND HCD. - YEAH, UM, I WILL SAY THAT, UM, STAFF REALLY DID TRY TO WORK VERY HARD WITH HCD DURING THE APPROVAL PROCESS OF OUR HOUSING ELEMENT. UM, WE HAD, WE HAD THEM OUT FOR TOURS, WE HAD PHONE CALLS, [05:30:04] WE HAD, UH, THE EMAIL COMMUNICATIONS. WE WERE REALLY TRYING HARD TO KEEP THEM ON OUR SCHEDULE. UM, UH, IN, IN OUR VIEW, HCD TOOK THE MOST AMOUNT OF TIME FOR EACH OF THE REVIEWS, UM, UP TO 30 DAYS OR UP TO 60 DAYS FOR EACH ONE OF THEM. SO DESPITE OUR BEST EFFORTS, THERE WAS NO GETTING AHEAD OF IT EVEN THOUGH WE WERE TRYING VERY HARD TO DO THAT. UM, AND SO WE FINALLY DID GET THEM TO, TO SAY THEY'RE, THEY WERE GOOD, THEY WERE GONNA WRITE UP THE CERTIFICATION. WE'RE LIKE, GREAT AND THEN IT TOOK 40 DAYS TO GET IT. SO THAT'S KIND OF WHAT YOU'RE SEEING IN THOSE COMMUNICATIONS. - RIGHT, SO JUST ON THE PART THAT OUR STAFF DID WHAT WE WERE SUPPOSED TO, YOU ALL HAVE BEEN IN COMMUNICATION, THERE'S EVIDENCE THROUGH THE EMAILS THAT WERE SENT BETWEEN COUNTY STAFF AND HCD THAT THERE WAS NO NEED FOR FURTHER REVIEW AND THAT WE WERE IN COMPLIANCE. IT JUST REALLY CAME DOWN TO THEM SENDING US A LETTER. SO THAT, WAS THAT CONFIRMED THROUGH THOSE EMAILS? - YEAH, I THINK SO. UM, AND THEN, UH, STAFF WAS GREATLY CONCERNED, UM, BECAUSE IN THEIR LETTER THAT THEY ISSUED ON APRIL 23RD, THEY SAID, WELL, SORRY, YOU ONLY GET A YEAR TO DO YOUR REZONING OF 75 PARCELS. AT THAT POINT, IT WASN'T EVEN A YEAR, IT WAS SEVEN MONTHS. AND SO WE, UM, UH, ENGAGED IN A CAMPAIGN TO GET THEM TO ACKNOWLEDGE, UH, THAT, THAT WE HAD ACTUALLY MET THE APRIL 15TH DEADLINE. UM, IT TOOK FIVE MONTHS, UM, FOR THEM TO ACKNOWLEDGE IT AND ISSUE THE BACKDATED LETTER. SO IN THAT TIME WE WERE STILL SUBJECT TO BUILDER'S REMEDY. - WAS THAT APRIL OR WAS THAT MARCH 15TH? - UH, THE, THEY ISSUED THE LETTER ON APRIL 23RD. - BUT THERE HADN'T BEEN ANY CHANGES SINCE MARCH 15TH, RIGHT? - UH, PROBABLY EVEN BEFORE THAT BECAUSE WE, I, I DON'T RECALL THE EXACT DATE WE SUBMITTED THAT LAST, UH, VERSION OF THE HOUSING ELEMENT, BUT, UH, SO IT WAS PROBABLY EVEN BEFORE MARCH WHEN THEY HAD HAD A CHANCE TO LOOK IT OVER AND ACKNOWLEDGE IT. - OKAY, THANKS. WELL, AGAIN, I THINK IT'S REALLY IMPORTANT THAT WE COMMUNICATE THESE ISSUES TO OUR STATE REPRESENTATIVES TO LET THEM KNOW ABOUT HOW HCD IS REALLY, UM, FAILING TO MEET THEIR OWN TIMELINES AND FAILING TO SUPPORT OUR COUNTIES WITH THE LAWS THAT THEY'VE IMPOSED UPON US. UM, BECAUSE IT'S JUST NOT FAIR IF WE'RE DOING OUR PART, THAT THEY'RE, BECAUSE OF THEIR INACTION, IT'S PUTTING US IN THIS CHALLENGING SITUATION. - THANK YOU. UM, FURTHER COMMENTS? - UH, I'LL JUST SAY, I MEAN, I FULLY SYMPATHIZE WITH THE RESIDENTS OF THE GREY SEAL NEIGHBORHOOD AND THE, THE LARGER AREA. UM, I MEAN, IT'S VERY FRUSTRATING TO BE IN THIS POSITION AND I MEAN, AS THE FORMER PLANNING COMMISSIONER SAID, RIGHT? AND AS I THINK, UM, MULTIPLE FOLKS HAVE, HAVE REPRESENTED, I MEAN, WE CAME TO THE COUNTY'S CURRENT GENERAL PLAN, CURRENT GENERAL PLAN AND ZONING LAWS OVER YEARS OF DEMOCRATIC PROCESS. AND NOW WE'RE BEING TOLD THAT THEY DON'T APPLY UNDER STATE LAW. UM, I AM VERY SYMPATHETIC ALSO TO THE, I THINK THE ARGUMENTS THAT ARE BEING MADE OF, MADE BY NEIGHBORS, BY THE APPELLANTS IN THIS CASE ARE GOOD. AND IF IT DIDN'T REQUIRE GAMBLING WITH CLOSE TO, TO $3 MILLION OR MORE OF COUNTY GENERAL FUND MONEY, I WOULD BE INCLINED TO SUPPORT THEM. BUT IN THIS CASE, AS YOU'VE HEARD, UH, THE APPELLANTS THEMSELVES ARE GONNA BE IN A BETTER POSITION TO MAKE THE CASE TO THE COURT... - SIR, I CANNOT ALLOW THAT IN THE ROOM, THANK YOU. - ... IT'S GOING TO BE IN A BETTER CASE TO MAKE THE CASE, BETTER POSITION TO MAKE THE CASE TO THE COURT. YOU GUYS ARE NOT SUBJECT TO FINES AND YOU CAN EVEN HAVE YOUR ATTORNEY'S FEES PAID BACK IF YOU'RE CORRECT. SO IN THIS CASE, YOU GUYS ARE THE FASTER RUNNER. THE COUNTY WOULD BE WEARING A 50 POUND PACK IN THE MIDDLE OF THE DESERT SUN, YOU GUYS, UH, HAVE A MUCH BETTER CHANCE OF, I THINK, WINNING THIS CASE. AND, UM, AND YOU KNOW, I WISH YOU WELL. - NO JURISDICTION INCLINED IN THE STATE. - MA'AM, I'M SORRY. - EXACTLY, NO JURISDICTION IN STATE... - I'M SORRY, I'M, I CANNOT... - [INAUDIBLE] - I'M GONNA ASK YOU TO PLEASE STOP. [05:35:02] THIS IS A EXTREMELY DIFFICULT CONVERSATION FOR US TO HAVE THE FIVE OF US UP HERE. THIS IS A VERY IMPORTANT TOPIC THAT MEANS A LOT TO A LOT OF PEOPLE. AND IT'S IMPORTANT THAT WE HAVE A RESPECTFUL SPACE TO HAVE THAT DIALOGUE AND THE TENSIONS ARE RUNNING HIGH. I CAN FEEL THAT. THIS IS VERY IMPORTANT. I COMPLETELY UNDERSTAND, AS MY COLLEAGUES DO, WHY OUR, THE NEIGHBORS IN THE ROOM ARE FRUSTRATED. IT'S A INCREDIBLY, UM, DIFFICULT POSITION TO BE IN TO BE REPRESENTING A COMMUNITY BUT TO HAVE DECISIONS TAKEN OUT OF OUR HANDS BY THE STATE. AND AS IT RELATES TO, UM, WHAT BROUGHT A NUMBER OF YOU HERE, THE BUILDERS REMEDY ISSUE, UM, YOU KNOW, LAWYERS AND LEGISLATORS ACROSS THE STATE ARE TESTING SIMILAR ARGUMENTS. NONE OF THOSE HAVE BEEN SUCCESSFUL YET. IT DOESN'T MEAN THAT THEY MIGHT NOT BE IN THE FUTURE. BUT AT THIS POINT WE DON'T HAVE EVIDENCE TO SHOW US THAT THAT'S SUCCESSFUL. UM, I WANNA SPECIFICALLY SPEAK TO THOSE WHO ARE HERE ON BEHALF OF THE HAVEN, I JUST TO MAKE SURE THAT PEOPLE IN THE ROOM AND ALSO PUBLIC AT LARGE ARE CLEAR THAT PROJECT IS NOT ON TODAY'S AGENDA, WE ARE NOT MAKING A DECISION ABOUT THAT PROJECT TODAY. UM, THAT APPLICATION HAS BEEN SUBMITTED TO THE COUNTY AND WHEN IT WAS LAST REVIEWED, IT WAS DEEMED INCOMPLETE AND THAT'S JUST WHERE WE'RE AT WITH THAT PROJECT. SO, UM, THAT'S NOT ON, THAT'S AN IRRELEVANT TOPIC FOR TODAY. I JUST WANNA MAKE SURE THAT IT'S, UM, IT'S, THERE'S NO CONFUSION UM, AND AS IT RELATES TO THIS PROJECT, UM... YEAH, IT'S, IT'S A REALLY DIFFICULT PLACE TO BE. AND, AND I'M GONNA, UH... I'M IN A POSITION WHERE I NEED TO SUPPORT THE MOTION TODAY. UM, AND, UM, UNLESS THERE'S ANY OTHER COMMENTS FROM THE, MY COLLEAGUES, THEN I WOULD ASK FOR ROLL CALL. SUPERVISOR CUMMINGS. - YEAH, I JUST HAVE ONE QUICK QUESTION. SO, IN TERMS OF PROCESS, SHOULD THE APPELLANTS SUE THE COUNTY SHOULD THEY PREVAIL, WHAT WOULD THAT THEN MEAN FOR THE PROJECT? I GUESS IT DEPENDS ON THE GROUNDS UPON WHICH THEY WANNA SUE THE COUNTY, BUT, UM, LIKE WHAT WOULD THAT DO IN TERMS OF THE TIMELINE OF THIS PROJECT? - YEAH, IT'S, IT'S, UM, IT'S, IT'S, IT'S QUITE HARD TO PREDICT. UH, BECAUSE WHAT HAPPENS WHEN IT MOVES, UH, TO LITIGATION IS, YOU KNOW, THE APPLICANT IS GONNA HAVE TO RESPOND TO THAT AND THEY'RE GONNA HAVE TO, IT'S GONNA TAKE TIME. THEY MAY NEGOTIATE WITH THE PROJECT DEPONENTS. THEY MAY CHOOSE NOT TO, LITIGATION AS YOU KNOW SOMETIMES CAN TAKE MANY YEARS TO CONCLUDE. AND SO DURING THE PENDENCY OF THAT LITIGATION, UH, YOU KNOW IT WOULD BE PROBABLY HIGHLY IMPRUDENT FOR A DEVELOPER TO MOVE FORWARD WITH, WITH, WITH ANYTHING, ASSUMING THERE WAS ANYTHING THEY COULD MOVE ON. BUT I'D HAVE TO DO MORE ANALYSIS AND IT'S A DIFFICULT QUESTION TO ANSWER IN THE MOMENT. - OKAY. - YEAH. - SEEING NO FURTHER COMMENTS FROM THE BOARD, MADAM CLERK, WILL YOU PLEASE CALL THE ROLL. - SUPERVISOR CUMMINGS. - UM, FOR THE RECORD, I WOULD'VE BEEN OKAY WITH THE 30 DAY TIME PERIOD, SO I'M GONNA VOTE NO. - HERNANDEZ. - AYE. - KOENIG. - AYE. - DE SERPA. - AYE. - AND MARTINEZ. - AYE. MOTION PASSES FOUR WITH FOUR IN SUPPORT AND ONE OPPOSED. I WANNA THANK EVERYBODY IN THE ROOM FOR BEING HERE TODAY AND FOR ALLOWING US TO HAVE A RESPECTFUL AND DIFFICULT CONVERSATION. THANK YOU VERY MUCH FOR BEING HERE. - THANK YOU. - I AM GONNA ALLOW THE ROOM TO CLEAR WHILE WE BRING UP THE SPEAKERS FOR ITEM NUMBER 10. WE ARE CONTINUING ON TO ITEM NUMBER 10, SORRY. - SURE, WE, WE VOTED TO APPROVE THE PROJECT WITH THE ADDITIONAL LANGUAGE SUGGESTED BY COUNTY COUNCIL [05:40:04] AND WITH THE ABILITY FOR THE PROJECT TO HAVE ACCESS DIRECTLY FROM CAPITOLA ROAD AT THE APPLICANT'S CHOICE. [10. Consider approving in concept “An Ordinance Amending Sections 7.130.030 and 7.130.110 (B)(5), (D), (H), (I), and (J) of the Santa Cruz County Code Regarding Grounds for License Suspension or Revocation of Retail Commercial Cannabis Licensees” and "An Ordinance Amending Sections 7.138.030 and 7.138.090 (D), (F), (G), and (H) of the Santa Cruz County Code Regarding Grounds for License Suspension or Revocation of Cannabis Farm Retail Licensees" that allow for license revocation or suspension associated with businesses whose operations become a public nuisance, and take related actions] - I AM GONNA NOW CALL ITEM NUMBER 10. CONSIDER APPROVING IN CONCEPT AN ORDINANCE AMENDING SECTION 7.130.030 AND 7.130.110 B5DHIJ OF THE SANTA CRUZ COUNTY CODE REGARDING GROUNDS FOR LICENSE SUSPENSION, OR REVOCATION OF RETAIL COMMERCIAL CANNABIS LICENSES. AND AN ORDINANCE AMENDING SECTION 7.138.030 AND 7.138.090DFG AND H OF THE SANTA CRUZ COUNTY CODE REGARDING GROUNDS FOR LICENSE SUSPENSION OR REVOCATION OF CANNABIS FARM RETAIL LICENSES THAT ALLOW FOR LICENSES TO BE REVOKED OR SUSPENSION ASSOCIATED WITH BUSINESSES WHOSE OPERATIONS BECOME A PUBLIC NUISANCE AND TAKE RELATED ACTIONS. SO WITH THAT, I'M GONNA TURN IT OVER TO STAFF FOR A STAFF REPORT - ALRIGHT, UH, GOOD AFTERNOON, CHAIR MARTINEZ AND BOARD MEMBERS. UH, I'LL BEGIN WITH A BRIEF BACKGROUND SUMMARY BEFORE EXPLAINING THE PROPOSED ORDINANCE UPDATES FOR YOUR CONSIDERATION. UH, IN MARCH OF LAST YEAR, THE BOARD APPROVED AMENDMENTS TO THE RETAIL CANNABIS ORDINANCE TO ALLOW CONSUMPTION AT EXISTING RETAIL SITES. AND THIS BOARD ALSO APPROVED A NEW ORDINANCE ALLOWING A PILOT PROGRAM FOR RETAIL SALES AT FARMS. UM, FOLLOWING THE APPROVAL, THE BOARD ASKED FOR AMENDMENTS TO REVOKE LICENSES BASED ON INTOXICATED DRIVING. THOSE AMENDMENTS, UH, FAILED IN DECEMBER, AND THE BOARD PROVIDED ADDITIONAL DIRECTION WHICH IS THE BASIS FOR THE PROPOSED AMENDMENTS BEFORE YOU TODAY. IN DRAFTING THESE ORDINANCE AMENDMENTS, STAFFED WORK WITH COUNTY COUNCIL, WE RESEARCHED CONSUMPTION REGULATIONS IN VARIOUS CITIES AS SHOWN ON THIS SLIDE. AND NOW WE'LL PIVOT TO THE AMENDMENTS THEMSELVES. UH, THESE PROPOSED AMENDMENTS ARE FOCUSED ON PROVIDING ADDITIONAL REQUIREMENTS TO CLARIFY WHAT OPERATIONS MUST DO TO PREVENT NUISANCE ISSUES FROM OCCURRING AT THEIR SITES. AMENDMENTS INCLUDE DEFINING INTOXICATED AND PROHIBITIONS ON SERVING INTOXICATED PEOPLE. UM, THE BOARD EXPRESSED CONCERN THAT THE EDUCATIONAL COMPONENTS OF THE CONSUMPTION ORDINANCE WAS LOST BY PROHIBITING STAFF FROM ENTERING THE CONSUMPTION AREAS. TO ADDRESS, ADDRESS THIS, THE AMENDMENTS ALLOW EMPLOYEES TO WORK IN THE LOUNGES WITHOUT FORCING THEM OR REQUIRING THEM TO WORK IN LOUNGES WHEN SMOKING IS OCCURRING. AND, UM, WE'VE INCLUDED AN ENTIRE SUBSECTION ON OPERATIONAL REQUIREMENTS, UM, TO ADDRESS THIS. AND WITHIN THAT SUBSECTION, UM, WE'VE CLARIFIED THAT THE LICENSES ARE RESPONSIBLE FOR PROHIBITING TOBACCO AND ALCOHOL CONSUMPTION AT THE SITES. UM, THERE'S ALSO AN EDUCATION AND TRAINING REQUIREMENT FOR EMPLOYEES NOW, AND THERE'S A SAFETY SIGNAGE REQUIREMENT FOR STAFF AND PATRONS AT THESE SITES. UH, THE PROPOSED REVISIONS ALLOW THE CLO THE ABILITY TO REVOKE OR SUSPEND A BUSINESS LICENSE OR A SINGLE LICENSE ACTIVITY, SUCH AS CONSUMPTION. LASTLY, THERE ARE VARIOUS TECHNICAL EDITS THAT WERE NECESSARY TO ENSURE THAT ANY VIOLATION IS A PUBLIC NUISANCE AND ANY PUBLIC NUISANCE CAN RESULT IN LICENSE SUSPENSION OR REVOCATION IN ADDITION, UM, THE, TO THE DIRECTION ON THE ORDINANCE, THE BOARD PROVIDED IN DECEMBER, UM, YOU DIRECTED STAFF IN THE CANNABIS LICENSING OFFICE AND THE SHERIFF'S OFFICE TO CREATE A WORK GROUP TO COLLECT INFORMATION RELATED TO CANNABIS ENFORCEMENT, TO EXPLORE GRANT OPPORTUNITIES THROUGH THE CALIFORNIA HIGHWAY PATROL PROGRAM AND TO IDENTIFY THE APPROPRIATE DEPARTMENT TO APPLY FOR FUNDING. WE WORKED WITH THE SHERIFF'S OFFICE TO ASSESS CHP GRANTS AND THE SHERIFF'S OFFICE TEAM DETERMINED THAT WE ARE NOT ELIGIBLE FOR THIS ROUND OF FUNDING. UM, FOR CONTEXT, THESE GRANT OPPORTUNITIES HAVE BEEN REVIEWED BY THE CLO AND THE SHERIFF'S OFFICE, UH, ANNUALLY, SINCE 2019. UM, AND LASTLY, WITH REGARD TO THAT ADDITIONAL BOARD DIRECTION THE BOARD DIRECT OR THE BOARD INQUIRED ABOUT HOW CANNABIS DUIS ARE ENFORCED ESSENTIALLY IF A SHERIFF'S OFFICE DEPUTY, UM, PULLS SOMEONE OVER AND SUSPECTS THEY'RE INTOXICATED, THEY WILL SECURE THE SCENE, TURN IT OVER TO CHP, AT WHICH TIME CHP ARRIVES THEY TAKE OVER AND THEY DO THE, UM, ASSESSMENT FOR INTOXICATION AND THE CHP DOES THAT BECAUSE THEY HAVE WHAT ARE CALLED, UH, DRUG RECOGNITION EXPERTS WHO GO, WHO UNDERGO 32 HOURS OF INITIAL TRAINING [05:45:02] AND EIGHT HOUR REFRESHER TRAINING EVERY YEAR. AND THIS PROCESS IS ACTUALLY, UM, THE SHERIFF'S OFFICE SAID IT'S VERY BENEFICIAL TO THEM AND IT'S FORMALIZED IN MOU. SO THIS HAS BEEN THE PROCESS FOR QUITE SOME TIME. AND, UM, I BELIEVE THAT COVERS ALL OF THE ADDITIONAL DIRECTION AND THE ORDINANCE INFORMATION UH, OPEN TO ANY QUESTIONS THE BOARD MAY HAVE. - THANK YOU FOR THE STAFF REPORT. ARE THERE ANY QUESTIONS FROM THE BOARD? - YES. - SUPERVISOR HERNANDEZ. - THE TOBACCO AND ALCOHOL. IS THAT OUR RULE OR IS THAT, UH, ABC RULE OR WHAT IS THAT? - UM, THAT RULE IS... THAT RULE IS ACTUALLY, UM, EMBEDDED WITHIN STATE LAW ALSO. UM, BUT WE WANTED TO CLARIFY THAT IT IS THE RESPONSIBILITY OF THE LICENSEE TO PREVENT THAT. - GOT IT. - ANY FURTHER QUESTIONS? ANY FURTHER QUESTIONS FROM THE BOARD? SUPERVISOR KOENIG. - SURE, UH, YOU MENTIONED IN THE STAFF REPORT BUT MAYBE YOU COULD JUST, UM, SHARE WITH US VERBALLY, ALSO SOME OF THE OTHER ORDINANCES THAT YOU LOOKED AT, UM, FROM OTHER JURISDICTIONS IN CRAFTING THIS? - UM, SO WE LOOKED AT VARIOUS LOCALITIES. THE ONLY ONE THAT WE ACTUALLY CHOSE TO STEAL LANGUAGE TO THE ONES THAT WE CHOSE TO STEAL LANGUAGE FROM WERE SAN FRANCISCO AND PALM SPRINGS. UM, THEY HAD, UH, FAIRLY ROBUST LANGUAGE IN TERMS OF OPERATIONAL REQUIREMENTS AND THEY HAD SOME VERY CLEAR LANGUAGE ABOUT STORAGE OF CANNABIS VERSUS NON-CANNABIS PRODUCTS THAT WE FELT WAS, UM, APPROPRIATE AND SOMETHING THAT WE COULD REGULATE THAT WAS ENFORCEABLE. SO WE, WE THOUGHT IT, UM, WAS IN LINE WITH THE BOARD'S DIRECTION OF, UH, CREATING CLEAR CONCISE REGULATORY LANGUAGE TO PREVENT PUBLIC NUISANCES. - RIGHT, AND, AND JUST TO BE CLEAR, EVEN THOUGH THE ORDINANCE ONLY TALKS ABOUT PREPACKAGED FOOD AND THE STORAGE OF IT, BUT THERE'S NOTHING IN HERE THAT WOULD LIMIT THE SALE OF, SAY, A, A MUFFIN FROM COMPANION BAKERY OR SOMETHING AT A, AT A CONSUMPTION LOUNGE IS THERE? - UH, THAT IS CORRECT. THERE'S NO PROHIBITION ON ALLOWING NON PREPACKAGED FOOD TO ENTER THE PREMISE FROM, LET'S SAY A THIRD PARTY VENDOR. UM, MANY OF THE CANNABIS LOUNGES ACTUALLY HAVE, UM, FOOD PARTNERS IN OTHER PARTS OF THE STATE WHERE THEY ALLOW DELIVERY INTO THE LOUNGE OF THAT TYPE OF FOOD. SO WE DIDN'T WANNA PROHIBIT THAT TYPE OF OPERATION. UM, 'CAUSE WE'VE SEEN IT IN SUCCESSFUL MODELS IN OTHER LOCALITIES. - ALRIGHT, THANK YOU. I THINK THIS, UM, ULTIMATELY STRIKES A GOOD BALANCE. - SUPERVISOR DE SERPA. - SAM, I JUST WANNA THANK YOU, UM, FOR DOING THE THINGS THAT I, I THINK THAT WE WERE LOOKING FOR IN TERMS OF, UM, REACHING OUT TO OTHER JURISDICTIONS, ET CETERA. LIKE I'VE READ THROUGH ALL THE STRIKE THROUGH AND ALL THE, THE CHANGES THAT WERE MADE AND I FEEL SATISFIED WITH THIS ORDINANCE. SO THANK YOU SO MUCH. - UM, JUST A COUPLE QUESTIONS FROM ME. UM, YOU KNOW, I APPRECIATE THE WORK YOU DID TO FOLLOW UP ON OUR DIRECTION. IT'S REALLY ABOUT ENSURING THAT, UM, OUR SHERIFF'S OFFICE IS ABLE TO ENFORCE OUR LOCAL ORDINANCES IF THE CANNABIS CONSUMPTION AT THE ONSITE CONSUMPTION LOUNGES INCREASES, UM, YOU KNOW, DUIS AND WHATNOT. CAN YOU TALK TO ME ABOUT THAT, KIND OF, THAT PROCESS? IT'S, YOU TALK ABOUT IT A LITTLE BIT IN THE REPORT, BUT CAN YOU JUST SPEAK TO THE PUBLIC, UM, HOW, HOW WILL THE CLO KNOW ABOUT THIS? UM, HOW MIGHT THE SHERIFF FOLLOW UP IF THERE, IF A PUBLIC NUISANCE IS IDENTIFIED? - SO I'M A LITTLE CONFUSED BY THE QUESTION 'CAUSE YOU STARTED WITH THE DUI LINE. UM, IF THERE IS A COMPLAINT OR IF THERE IS, UH, A PUBLIC NUISANCE IDENTIFIED BY STAFF, THAT WOULD HAPPEN DURING OUR INSPECTION PROCESS. UM, AND WE HAVE ALLOCATED FOUR INSPECTIONS PER YEAR FOR THESE, UM, SO WE WOULD FOLLOW UP DIRECTLY. IF THE SHERIFF'S OFFICE WERE TO PROVIDE US INFORMATION THAT SAYS HEY, GO, GO LOOK AT THIS, WE WOULD DO THE SAME THING. WE WOULD INVESTIGATE IT JUST LIKE ANY OTHER MATTER. BUT WHEN IT COMES TO INTOXICATED DRIVING ASSOCIATED WITH A DUI, UM, LIEUTENANT PATRICK, UH, WITH THE SHERIFF'S OFFICE, MYSELF, WITH THE CANNABIS LICENSING OFFICE, AND, UM, ISRAEL MARIO, WITH THE CHP, THE THREE OF US ARE WORKING TOGETHER AND ESSENTIALLY IF THE CHP HAS ANY CANNABIS RELATED DUIS, THEY WILL REPORT IT TO BOTH, UM, LIEUTENANT PATRICK AND MYSELF AT WHICH TIME WE WOULD ASK FOR THE REPORT SO WE COULD DETERMINE WHAT THE CHP, UM, OFFICER DETERMINED IN TERMS OF WHERE THAT PERSON CAME FROM [05:50:01] WHERE THE CONSUMPTION OCCURRED. - THANK YOU. AND I, I FRAME IT THAT WAY BECAUSE I THINK YOU IN OUR LAST ACTION, IT SOUNDED LIKE THE BOARD WANTED TO WIDEN PUBLIC NUISANCE TO INCLUDE, YOU KNOW, SERVING SOMEBODY WHO'S IMPAIRED, WHICH CAN CONTRIBUTE TO A DUI. UM, THE REPORT ALSO TALKS ABOUT THE, UM, WHETHER OR NOT WE ARE ELIGIBLE TO APPLY FOR STATE GRANTS. UM, CAN YOU SPEAK A LITTLE BIT MORE TO WHAT YOU LEARNED? - YEAH, SO THERE ARE GRANT FUNDING OPPORTUNITIES THROUGH THE CHP AND, UM, LIEUTENANT PATRICK AND I, UH, DID A PRELIMINARY ASSESSMENT AND THEN LIEUTENANT PATRICK WORKED WITH HIS STAFF TO ASSESS IF WE'RE EVEN ELIGIBLE, AND HE DETERMINED THAT WE ARE NOT ELIGIBLE. UM, THERE ARE, I CAN PROVIDE YOU DETAILS OFFLINE, BUT ESSENTIALLY THE, SOME OF THE GRANTS ARE FOR IMPROVING OR DOING WORK THAT WE ALREADY DO, SO WE'RE JUST ACTUALLY NOT ELIGIBLE AT ALL TO APPLY. UM, AND I HAVE, I HAVE THE LIST HERE. UM, THERE'S THIS LAW ENFORCEMENT CANNABIS GRANT AND, UM, WE'RE IN THE MID-SIZE, BUT OUR PRIMARY FUNCTION ISN'T TRAFFIC ENFORCEMENT, SO WE'RE NOT ELIGIBLE FOR THAT BECAUSE WE TURN OVER THE DUIS TO CHP THROUGH OUR MOU. SO WE'RE NOT EVEN ELIGIBLE FOR ANY OF THE LAW ENFORCEMENT GRANTS AS IT IS. UM, BUT WITH REGARD TO THE CORONER GRANT WE'RE NOT ELIGIBLE BECAUSE WE ALREADY DO EVERYTHING THAT THEY'RE PROVIDING MONEY TO DO. SO YOU CAN'T USE IT TO BOLSTER WHAT YOU'RE ALREADY DOING. - I SEE, SO WAS IT THAT NONE OF OUR LOCAL AGENCIES WERE ELIGIBLE EITHER OR JUST THE CLO'S NOT ELIGIBLE? - OH, THESE ARE SPECIFICALLY LAW ENFORCEMENT RELATED GRANTS. SO THEY'RE, SO THEY'RE CORONER... OR, UM, SHERIFF'S OFFICE. YES. - RIGHT, OKAY, THANK YOU FOR THAT. UM, ANY FURTHER COMMENT OR QUESTIONS? I'LL OPEN IT UP TO PUBLIC COMMENT. IS ANY THERE ANYBODY IN THE ROOM WHO'D LIKE TO ADDRESS US ON THIS TOPIC? SEEING NONE, IS THERE ANYONE ON THE PHONE? - YES, CHAIR. CALL IN USER 956 YOUR MICROPHONE IS NOW AVAILABLE. - HI, MY NAME IS BRYCE BERRYESSA. I'M THE CO-FOUNDER OF TREEHOUSE DISPENSARY. I'VE HAD THE OPPORTUNITY TO SPEAK WITH YOU, UH, IN PREVIOUS MEETINGS ON THIS ISSUE. UH, WE JUST WANTED TO CALL IN WITH OUR SUPPORT FOR STAFF RECOMMENDATIONS. UH, WE THINK THAT THE ADDITIONAL LANGUAGE STRIKES A GOOD BALANCE BETWEEN, UH, MITIGATING THE RISK OF TRYING TO OPERATE ONE OF THESE BUSINESSES AS WELL AS ADDRESSING THE NEEDS AND CONCERNS TO ENSURE THAT PUBLIC HEALTH AND SAFETY IS, UM, NOT JEOPARDIZED WITH THE OPERATIONS OF CANNABIS CONSUMPTION LOUNGES. UM, AND JUST WANTED TO THANK THE BOARD OF SUPERVISORS FOR THEIR LONG AND PATIENT WORK ON GETTING US TO THE FINISH LINE IN REGARDS TO THIS ORDINANCE, AS WELL AS, UH, STAFF DILIGENCE AND, UH, CRAFTING SOMETHING THAT I THINK IS, IS GONNA BE GOOD NOT ONLY FOR THE CANNABIS INDUSTRY BUT HOPEFULLY FOR THE COMMUNITY AT LARGE. AND, UM, APPRECIATE YOUR ALL EVERYONE'S TIME ON THIS. THANK YOU. - JEFF, YOUR MICROPHONE'S NOW AVAILABLE. JEFF, PLEASE ACCEPT THE UNMUTE TO BEGIN MAKING YOUR COMMENT. - HELLO? - YES, WE CAN HEAR YOU. - CAN YOU HEAR ME? OKAY, SORRY ABOUT THAT. CAUGHT ME RIGHT IN THE MIDDLE OF A GADGET FIASCO. OKAY. UM, UH, YEAH, I JUST WANNA, I'M A CANNABIS OPERATOR. MY NAME'S, UH, JEFF NORDAL. I PLAN TO BE DOING A CONSUMPTION LOUNGE OUT IN BOULDER CREEK. I READ, UH, THROUGH THE ORDINANCE UPDATES HERE, AND JUST WANNA SAY THANK YOU TO EVERYONE. I, UM, SUPPORT THIS AND, AND AT PEACE WITH IT. I THINK IT STRIKES THE RIGHT BALANCE. UH, AND JUST WANNA MAKE CLEAR THAT WE'RE STILL PLANNING ON DOING UH, DESIGNATED DRIVERS AND SHUTTLE, VANS AND SUCH LIKE THAT TO YOU KNOW, MINIMIZE ANY RISK OF DRIVING INTOXICATING AS POSSIBLE. BUT, UM, BUT THIS ENTIRE, UH, ORDINANCE UPDATE MAKES SENSE. SO I JUST WANNA SAY I SUPPORT IT. SO THANK YOU. - I SEE NO FURTHER SPEAKERS ONLINE, CHAIR. - THANK YOU. I'LL BRING IT BACK TO THE BOARD FOR A MOTION. - I'LL MAKE THE MOTION. UH, ONE FINAL QUICK QUESTION. [05:55:03] UM, SO NONE OF THE THINGS THAT WE'RE DOING, NONE OF THE ACTIONS WE'RE TAKING, UH, EXCEED WHATEVER EITHER DM-, DMB OR ABC LAWS ARE FOR DUI OR HOW WE TREAT THE VENDORS OR THE DISPENSARIES, RIGHT? - I DO NOT BELIEVE SO. THERE'S NOTHING IN EXCEEDANCE OF, UH, THOSE REQUIREMENTS. - I WILL MOVE. I WOULD MAKE THE MOTION. - SECOND. - WE HAVE A MOTION BY SUPERVISOR HERNANDEZ, A SECOND BY SUPERVISOR KOENIG. ANY FURTHER COMMENTS? - YAP. - SUPERVISOR CUMMINGS. - YEAH, I JUST WANTED TO THANK STAFF FOR ALL THEIR HARD WORK ON THIS TO GET US TO THIS POINT WHERE WE ARE TODAY, WHERE I THINK WE'RE DOING A REALLY GOOD JOB OF ADDRESSING THE HEALTH AND SAFETY CONCERNS THAT PEOPLE HAVE BROUGHT UP THROUGH THESE CONVERSATIONS AND ALSO TRYING TO ADDRESS, UH, THE NEEDS OF NOT BEING OVERLY PUNITIVE TO THE, UM, THE OWNERS AND OPERATORS OF THESE FACILITIES, AND I THINK IT'S A REALLY GOOD OPPORTUNITY FOR US TO BE ABLE TO SEE HOW THIS ROLLS OUT OVER TIME. UM, YOU KNOW, WE'VE BEEN A PRETTY, UM, RESPONSIBLE COMMUNITY IN TERMS OF TRYING TO ALLOW FOR FACILITATION OF CANNABIS TO BE DONE IN SUCH A WAY THAT'S SAFE TO THE COMMUNITY, AND I THINK THIS IS GONNA BE ONE OTHER OPPORTUNITY FOR US TO BE ABLE TO DEMONSTRATE THAT WE CAN DO THIS IN A VERY SAFE AND MANAGEABLE WAY. SO JUST WANT TO EXPRESS MY APPRECIATION FOR ALL THE WORK THAT YOU ALL HAVE DONE TO GET US TO THIS POINT TODAY. - SUPERVISOR DE SERPA. - UM, I JUST WOULD LIKE TO BRING, UH, THE BOARD AND THE PUBLIC'S UM, AWARENESS TO A COUPLE OF ARTICLES THAT WERE IN THE NEW IN, ONE WAS IN THE WASHINGTON, UH, POST AND IT WAS AN EDITORIAL ABOUT STATES MADE MARIJUANA USE LEGAL NOW THEY SHOULD GET IT OFF THE ROAD. SO THERE'S AN ENTIRE EDITORIAL, UM, ABOUT MARIJUANA AND DRIVING WHICH WOULD BE GREAT IF EVERYBODY COULD TURN THEIR ATTENTION THERE AT SOME POINT. AND THEN THERE'S ANOTHER EDITORIAL ALSO IN THE NEW YORK TIMES UM, WHICH, UH, IS AN OPINION PIECE SAYING IT'S TIME FOR AMERICA TO ADMIT THAT IT HAS A MARIJUANA PROBLEM. SO ANYWAY. AND THAT IS IT. THANK YOU. - THANK YOU. UM, MY FINAL COMMENTS, UM, I THINK IN PREVIOUS MEETINGS I'VE BEEN VERY CLEAR THAT I'M NOT IN SUPPORT OF ONSITE CONSUMPTION LOUNGES. UM, I STILL BELIEVE THAT, UM, IT IS PARTICULARLY THE PLACEMENT OF THE ONES IN MY DISTRICT ARE NOT SUPPORTIVE OF THE HEALTH AND SAFETY OF OUR COMMUNITY AS WELL AS THE AMOUNT OF TIME AND RESOURCES WE'RE SPENDING ON THIS INDUSTRY THAT'S NOT PAYING US BACK, UH, IS, IS ALSO INAPPROPRIATE. THAT SAID, I AM REALLY APPRECIATIVE OF THE STAFF WORK TO FULFILL THE STAFF OR THE BOARD DIRECTIONS AT THE LAST MEETING. UM, WHAT IS ON OUR, UH, AGENDA TODAY IS NOT APPROVING CONSUMPTION LOUNGES SINCE WE'VE ALREADY DONE THAT. UM, AND IT IS TO HOPEFULLY MAKE THEM BETTER. UM, SO GIVEN THAT I WILL BE SUPPORTING THAT THESE AMENDMENTS TO THE, UM, ORDINANCE TODAY. [PAUSE] ANY FURTHER COMMENTS? MADAM CLERK, WILL YOU PLEASE CALL THE ROLL? - CERTAINLY, CHAIR. SUPERVISOR CUMMINGS. - AYE. - HERNANDEZ. - AYE. - KOENIG. - AYE. - DE SERPA. - AYE. - AND MARTINEZ. - AYE. MOTION PASSES FIVE TO ZERO. WE WILL NOW MOVE ON TO ITEM NUMBER 11.1, WHICH WAS AN ITEM PULLED BY SUPERVISOR DE SERPA. - WHICH I ACTUALLY MADE A MISTAKE AND I DON'T NEED TO HEAR THAT, BUT... - SO GIVEN THAT... - THANK YOU ANYWAY. - SO DO YOU THINK WE, WE DON'T NEED A STAFF PRESENTATION. - I DO NOT NEED A STAFF PRESENTATION. - CAN WE MAKE A MOTION TO PASS ITEM 11 AS CONSENT? - WE STILL NEED TO GO TO PUBLIC COMMENT. UM, OH WAIT, SO, SO, UM... - YEAH, YOU'RE RIGHT, PUBLIC... - SO IT'S, IT'S FINE TO PROCEED WITHOUT A STAFF PRESENTATION AT THIS POINT. IF THE SUPERVISOR'S INDICATING THAT, UM, SHE DOESN'T NEED ONE AT THIS POINT, I WOULD RECOMMEND THAT YOU JUST CALL FOR PUBLIC COMMENT ON ITEM 11.1. UH, AND IF THERE IS NO PUBLIC COMMENT, THEN YOU WOULD JUST PROCEED TO A MOTION. - THANK YOU. UM, SO THE ITEM IS 11.1, WHICH FORMALLY WAS ITEM NUMBER 15 ON THE CONSENT AGENDA. UM, ADOPT AN ORDINANCE OF THE BOARD OF SUPERVISORS OF THE COUNTY OF SANTA CRUZ, ACCEPTING CALIFORNIA COASTAL COMMISSION MODIFICATIONS TO SANTA CRUZ COUNTY CODE SECTION 13.20.040 AS ADOPTED IN THE 2025 MISCELLANEOUS AMENDMENTS. UM, IS THERE ANYBODY HERE IN THE PUBLIC WHO'D LIKE TO SPEAK TO THIS ITEM? IS THERE ANYONE ON THE PHONE? - NO SPEAKERS ONLINE, CHAIR. - THANK YOU. DO WE HAVE A MOTION? - I WILL MOVE ITEM 11.1, FORMER ITEM 15. - I'LL SECOND. - WE HAVE A MOTION FROM SUPERVISOR HERNANDEZ, A SECOND FROM SUPERVISOR DE SERPA. [06:00:01] MADAM CLERK, WILL YOU PLEASE CALL THE ROLL. - SUPERVISOR CUMMINGS. - AYE. - HERNANDEZ. - AYE. - KOENIG. - AYE. - DE SERPA. - AYE. - AND MARTINEZ. - AYE. MOTION PASSES FIVE TO ZERO. THAT CONCLUDES OUR AGENDA TODAY. UM, I'LL BE ADJOURNING THE MEETING AT 4:13 PM. OUR NEXT MEETING WILL BE ON FEBRUARY 24TH, 2026 AT 9:00 AM AT THE COUNTY GOVERNMENT CENTER COMMUNITY ROOM AT 701 OCEAN STREET, SANTA CRUZ. - RECORDING STOPPED. [END] * This transcript was compiled from uncorrected Closed Captioning.