 Everybody we'd like to call to order the Board of Supervisors meeting for January 23rd 2018 if we could have a roll call, please Leopold Coonerty here Capit McPherson chair friend here If you'd please join us in a moment of silence in the Pudge of Allegiance To the flight of the United States of America, to the Republic of the United States, one nation, under God, indivisible, with liberty and justice for all Good morning, Mr. Plasio. So are there any changes or revisions to today's agenda? Yes, there are a number of revisions Consent agenda on item number 19. There's additional materials the Santa Cruz City Council agenda report of January 23rd On item 48 on the consent. There's a correction the item should appear under the general government heading and after number nine On item number 52. There's additional materials revised attachment C There's also an addenda on the consent agenda item 48.1 Which is to direct the county administrative officer in consultation with the health services agency to respond to the issues outlined in the November 12th letter regarding the Mental Health Services Act program As well as the correspondence from the city of Santa Cruz resulting from their December 5th action at the city council meeting before the MHSA three-year program and expenditure plan comes to the board as recommended by supervisors Coonerty and McPherson There's also an addenda item 52.1 which is to consider the final appointment of Marco Martinez Galar say to the community health centers co-applicant commission as in at-large patient representative for a term to expire December 16th 2018 Item 52.2, which is considered the final appointment of will for us to the hazardous Materials Advisory Commission as an at-large labor representative Labor representative for a term to expire April 1st 2021 that concludes the corrections and revisions Thank you. We'll now ask board members if there's any items you'd like to pull or to comment on good morning supervisor Caput I'll just comment on number 20 21 22 23 welcoming Lorena Gonzalez to the Childhood Advisory Council Jaime Molina to the Alcoholism and Drug Abuse Commission The appointment of Edward Bank Sam Mann and Joanne Veer to the Pajaro Valley Public Cemetery Board of Trustees and also Approve appointment of Aurelio Gonzalez as an alternate member of the Planning Commission for the County of Santa Cruz Want to welcome all of them for their Volunteering to step forward and helping us out. Thank you. Thank you. Supervisor Caput. Good morning supervisor McPherson Yeah, a couple items item number 10 about the vision Santa Cruz strategic planning process I just want to compliment the staff and thank the general public for participating in this We've had a great outreach effort 2200 people have responded. I would encourage anybody that wants to have a better idea of What we're thinking about or get their ideas of where we should be going for a strategic long-range plan in the county It's the first of its type So I'm really pleased with the outreach effort that we've had in the county and I want to thank the general public for participating as they have and encourage you to Keep letting us know what is on your mind in this process on item number 32 To accept and file a report on the Blaine Street jail facility as recommended by the sheriff corner heart The work is progressing. This is a fantastic opportunity for women. This is going to open up Facility for them. I think it's supposed to be in mid-February or sometime in that nature That's going to be a great facility for What we can do for the women who are incarcerated Item number 45 the 28 2018 measure D resurfacing project I want to thank again the voters in the county who supported measure D more than two-thirds of them This will allow us to Do six and a half miles of resurfacing projects on 21 major roads in the county We just wouldn't be able to do it without that support and the support of the public in that measure last November and also on item 47 to just to recognize the appropriation of Over a million dollars for the library system Untitled unanticipated revenue. It's especially important to well It's especially important throughout the county But to my district in Felton where we hope to break ground on a new Felton library in the summer So I just want to thank Folks too for in the county and a separate issue that supported the library measure Last year as well, and that's all I have. Thank you for those comments supervisor in person. Good morning supervisor Coonerty Good morning There's a lot of good items and good work being done on our contingent Consent agenda today as usual the only additional direction. I have is on the item number 32, which is the Blaine Street Women's facility because a really exciting opportunity is that we get a report back in January of next year on It's utilization of the programs being provided Thank you. Good morning supervisor Leopold. Good morning chair. Just a couple of items speak about in some additional pieces on Item number 28, which is the appointment to committees and commissions. There were a couple of pieces that were Left off and I want to suggest that we add them We at the request of supervisor Coonerty we are going to make the community corrections partnership On this list and it wasn't reflected there The justice and gender task force Should be on there both those are appointments that I hold and then for the Treasury Oversight Commission I was listed as the alternate, but it's Supervisor Caput who's the alternate In addition, I note on item number 19 the two by two committee. I think this should be on our list in the future For appointments. I think it just makes sense as we as we look at that On item number 32, I just want to recognize the leadership of our sheriff and the correction staff about reopening the Blaine Street facility for women. It's there's a clear need for this facility and I appreciate the hard work of the staff in order to Find the resources to make this a useful facility once again On item number 36, I want to express my appreciation to the water a staff that we have here I see John ricker in the audience, but I know Sierra Ryan is also a key part of that This annual report is a is a great way of finding out what's going on with water resources in Santa Cruz County And I put it on my must-read list every year. So Also, we have an event coming up on February 1st That's a collaboration between the county the local Agency Formation Commission and the Integrated Water Management Foundation At New Brighton Middle School from 6 30 to 9 o'clock Called connecting the drops working together for water and the Deputy Director of the California Department of Water Resources is the keynote speaker There will be a panel discussion about local water management particularly focused on Groundwater the groundwater sustainability agencies that have formed here This was a great presentation Two years ago when I encouraged people to come out There's all there's a lot we need to know about water and this is a great opportunity to learn it So I look forward to the event I want to thank public works and the Health Services Agency for item number 38 receiving this award about the Developing a Santa Cruz County complete streets to school plan This is something that we often get asked about and I'm really excited to see this planning going on And I think it will be it will have a good impact For the safety of students in Santa Cruz County And with that all I have Thank you supervisor Leopold. Thank you for the the corrections on 28 and for those comments I'll just briefly comment on item 46 I just like to thank mr. Strudler with public works for all of your work on Flood prediction prevention and mitigation, and I hope that this Grant does come through we'll now open it up for the community This is an opportunity for you to address us on items on the consent agenda You would have three minutes to address us on items on the consent agenda Please feel free to line up if you're interested in speaking on the consent agenda Good morning and welcome Please feel free to come up Thank you. Good morning miss Tom Brunner. Good morning. I was hoping for a bit more time Good morning, and thank you. I want to just point out to the board once again There are people circling out in the parking lot looking for spaces. There are 15 county vehicles parked In the two-hour visitor parking spaces this morning. It needs to be changed. I want to comment on Item number 10 the vision Santa Cruz I did take the survey, but no one else in my home was able to take the survey at home because only one Survey was allowed per IP address So none of the other members of my family were able to do that and I think that's something that needs to be addressed item 12 I See that you're going to be looking at how the board supervisor meetings are structured And I would hope that there would be some evening meetings included Especially when there are key public hearings to be held and that the county could consider some Skype or some sort of teleconference Ability for the public who are out working to be able to participate in your meetings when there are key issues that they're Interested in participating in but cannot take time off work to attend your 9 a.m. Tuesday morning meetings Item number 18. I am happy to see that you're keeping on top of the UCSC growth Agreements that were worked out legally in 2008, but it have not been upheld And I really want to make sure that the county in the city are watching UCSC and making sure that they Address the huge impact that they're having on our county's housing by not providing sufficient housing on campus And addressing the water issues Number 27 I want to address the Treasury oversight Commission there is still no one as the alternate for special districts When chief John Jones was released from the Aptosal Selva fire district There's been no one to replace him and I hope that that happens soon Number 36 I again also want to make public the connect the drops event and hope that that will be well Attended in that the public will have the opportunity for a public question and answer and not merely disseminated into The noisy conditions when everybody has to go around and ask questions at tables Item number 45 it has my biggest concern because in the roads for measure D There are zero in district 4 that are on the list that I saw in the documentation and I want to know why that is No road improvements in measure D plan for for your district supervisor cap it that concerns me And I'm 47 the library measure s again I see five million dollars for the live okay library annex that is really Community hall not a library. That's deceptive. Thank you. Thank you We welcome other speakers on items on consent. You have three minutes Just let us know the item that you're speaking to in your name. Good morning. Welcome. Hi. My name is Rachel Deedee's I'm here to speak about the image mhsa Three-year plan in the city of Santa Cruz concerns I do work at mh can actually mental health client action network and I identify as someone with the mental health diagnosis So I Just wanted to say I believe that the funds should continue to be managed by the County of Santa Cruz And I think input from the city would be sufficient and not distributed directly to the city of Santa Cruz Sorry, I'm a little nervous So an example of how the city of Santa Cruz deals with mental health our recent permit restrictions that they Put on mh can which includes limiting our hours we totally had to eliminate the food pantry and Limiting the number of people who can actually receive services from mh can every day So so those are some of the restrictions that they're placing on one facility. That's helping a lot and supporting Excuse me a lot of Citizens of the city Santa Cruz So thank you for listening. That's it. Thank you Good morning. Welcome. Good morning. My name is Sherry Peterson and I'm I'm it's concerning the mh can issue Well, I've been going there since it started probably 25 29 years ago. It's helped me immensely. I've I've Studied in Cabrillo and filed reports at mh can I've I put together Camouflages of my children and sent personal Christmas cards I've become an artist and a poet at mh can I've learned the tools that I can live with Because we're given our hit our hidden illness that is held against us. We're also given a mental Brilliance that is unimaginable. So we're a wealth of creativity if it wasn't for mh can I'd be dead right now I live in the streets. I've lived in the streets three years in four months They help me they they let me cook there. They let give me laundry. I can do my laundry there I can rest there. I can watch TV there. I go to a lot of classes because they're helpful meditation Yoga all kinds of classes karate to teach you how to defend yourself And I I asked you to fun to give us the funds that the millionaires set aside How many years ago and just release those funds to people like us that are struggling And you should think about mh can is really a wonderful place that helps a lot of people and open open the Count to more than 50 and the hours to more than 2 p.m. Because I'm depressed when it's time to go home I'm going to be there with my friends because we love each other. Thank you very much. Thank you for taking the time Good morning, and welcome. My name is Helen Bradley Excuse me I'm 72 years old for one thing and mh can I've been going there for about 11 or 12 years now and Mh can is maybe a person. I'm a human being now. I know who I am They have groups that has really helped me food. I was a diabetic. I'm no longer diabetic due to the Patrick that we had that has been taken away from us and But I still receive a little food that helps me the groups that I attended Angle management and all Religious groups has helped me to know where I stand in this world today I'm really glad that mh can is there for me because I don't do a lot of things I've been cleaning sober from alcohol for 28 years. So it's part of our daily Basis of a program that I do You know when you've been cleaning sober for so long you have to have a program something to follow about you know a road a map So mh can is on my agenda It's the first place I go to every day that we are open, but they have taken our Some of our time they have taken our time away for one. I do not like that They've taken days from us and people the hours, which is not good because at first hours Just being there all day long and it was a good thing for me. So that's all I have to say. Thank you. Thank you Good morning. Welcome morning All right, my name is Zachary Wendling I'm here to talk about the three-year plan and the city of Santa Cruz's concerns I've received mental health services Through the county clinics. I have physical and mental health problems serious multiple diagnosis About five months ago my kidneys failed. I went septic During post sepsis mh can help bring me out of the ashes. I now have a job I am going to school. I'm a 3.79 GPA honor student at Cabrillo. This is my last semester mh can has done more for me than any of the city's services It's not necessarily like Housing or anything like that, but it takes you away from the places that provide that such as the shelter systems It puts people into a safer place where they can actually connect with different services within the city We're given grants That Basically have us do kind of like pure counseling During the pure counseling's myself I actually help people I tell people about the many different services in this city in the maze that it is to get through them Or to even find them mh can has done so much for a lot of people these new grants that we've just received are going to make a huge change into Maybe getting some of the black sheep of the black sheep that are out on the streets every day in the shelters There for many years it might actually give them a change in life, you know With the new pure counseling that we're doing. It's it's a big deal I'm just really concerned that mh can is going to lose funds And it would create a larger problem. So To make everything short this place also saved my life. Thank you very much. Thank you Good morning. My name is Vincent rushing I Want to speak on mh can issue? I'm 36 years 36 years old and I suffer from mental health issue I've been going to mh can for about the last three years And it's been a safe place to go for me to utilize the resources and be productive It's helped me be a more productive member of the community feel good about myself I go to groups every day like music therapy I'm able to volunteer socialize with others make my doctor's appointments and stabilize on my medication also get to talk to others that are going through some of the same things that I go through and I didn't know the others go through the same thing And I just want to yeah, that's it. Thank you. Thank you Good morning. Welcome. Thank you. My name is Miles Randall Speaking up for behalf of mh can I have spent some time in other programs They were not that supportive When I first came to mh can at that time It had blessed and cared for I had had so much support and abilities to Grow and learn and have recovery I will have 12 years recovery in November 14th The abilities we have that mh can with the groups and how the money is spent I would say we're doing pretty good at that Really, I'm just trying to Be able enough to have my support in recovery mh can has blessed my heart so much and They have given me nothing but support. I sit there. I go every day people are growing people are achieving, you know the better health mentally and physically I think that the stretch of recovery Is carried out properly That's one of the main reasons why I go to mh can is for my recovery and to spend time with my friends Really, I'm just trying to get to the point Where my recovery can help other people's recovery. I'm there to support every single person in mh can They have given me so much support and so willingness To keep up on my recovery and to have my recovery well Took care of through myself and so The abilities where the money is going of the donation Is I feel that it's going to the proper place? I Think that the ability to have recovery in our life will put us in a better place I do. Thank you for having us come here today. I thank you for your time. I thank you for your patience Only had a little bit of time left So I love my recovery and I love mh can it's been I have gotten so better more healthier Manly physically emotionally. I mean it is wonderful at mh can So if you just take this words from where I'm at Would be great. Thank you for your time Thank you. Good morning Please use the microphone My name is Steven Manessus. I moved here in Santa Cruz County in 1978. I'm 66. I'm I suffer from depression severe depression and I just recently lost my housing mh can has been a lifesaver for me from Program to networking that have Help me erase the rage I'm feeling towards and the situation in the county and I go to mh can and I go in there and I'm ready to explode and I go out and I can actually face the world with some calmness It's an invaluable service that really needs the support of all of you and I just want to thank you for hearing me today. Thank you. Thank you. Good morning, ma'am. Welcome. Oh Good morning. Welcome to you guys, too My name is Shay Shawna eggling and a friend of mine years ago told me about mh can and There's just a couple of points. I want to make Number one I go for the camaraderie Um, they've got women's classes there, etc. I'm I think I'm 72 years old right now And I feel 55 years young and It's really helped I want to tell you something When I get really chronically depressed My minister says have you been to mh can? my Therapist says Have you been to mh can I have talked several years ago with parents That have sung the praises of mh can because they called me I've got a degree in psychology, etc And they have called me because their son is suicidal locked in the bedroom So I've gotten him out of the bedroom He's gotten to mh can and now one of them even has a job. They're very independent There are so many success stories that reach beyond the people that go there It reaches to the people that are connected with the people that go there And we even got a call from out of state Because a son was concerned. I think it was his mom. I could get it wrong um Was Having a breakdown people from mh can went and helped her took her to emeline street to get medications, etc There's so many success stories that don't bear witnessing Because they're in the background. I Appreciate the fact that some people want to do things with money. I appreciate the fact that They may be well-intentioned However, I think we need to look at the fact that quite frequently the well-intentioned actions Sometimes can be detrimental if not Wade appropriately so to speak There's other things I have to say but I heard a beep so I got a hunch I'm up So anyway, thank you very much. It God bless and happy new year Thank you Good morning. Welcome. Oh good morning. My name is Sarah Leonard. I'm here to speak about the Mental Health Services Act three-year plan I am the executive director of image can as well as I'm someone who in my lifetime has been diagnosed with all of the three severe mental illnesses of Schizophrenia bipolar and major depression Mental Health Services Act funds support many important programs and any choices about how to change funding should get public input by those Who are directly affected which is actually part of the Written language of the Mental Health Services Act itself It is important to keep funds and reserve to continue to fund existing programs as the county has been doing Funds should continue to be managed by the county of Santa Cruz with input from the city But not distributed directly to the city of Santa Cruz An example of how the city of Santa Cruz has dealt with MH can with mental health are The restrictions that we have upon our business that no other business that I can think of in the city of Santa Cruz has that I've that I view is discriminatory and Also the process in dealing with the city versus in dealing with the county as someone who myself is diagnosed with quote-unquote severe mental illness and Dealing with the city in my experience was degrading and I was treated in a discriminatory fashion one-to-one personally and People rolling their eyes when I spoke and at talking to me as if I was Lesser and that just right there shows you that there should not be in charge of more mental health funding in my opinion The county has always treated me with respect as a one-to-one human being they have never rolled their eyes when I spoke They have never spoken to me in a derogatory fashion and that is not true of the city people that I have dealt with And that the personal is political To just use a phrase from my activist days in college and That's all. Thank you. Thank you And MH can someone asked me to say what it means MH can is a mental health client action network. Thank you. Thank you Other comments on the consent agenda Good morning. Welcome and I'm hello everybody MH can hearing Actually from people who benefited from this program Is very impressive and I thank you all for coming an image comes to mind related to this of a doctor In his smock and he's got his clipboard and it says Feeling sad depressed you may be suffering from capitalism symptoms unemployment You know poverty and there's a whole list of things and I think it's totally related to the Injustice and inequitable distribution of wealth in this capitalist society speaking of money Item I guess it's 9c on the homeland security Over two million dollars. I've seen over the years Homeland security grants and It seems to me what I've been reading this has to do with militarizing the police and Cracking down on people who are homeless or protesting. I think What are these funds going for I don't find this? I'm gonna just briefly in our police stopper time that the Homeland Security funding was on the last agenda actually so Yeah, it was on last two weeks ago. That's okay. Yeah, but please I want you to still have your time That's why we reserved your time. Okay, thank you on this agenda, please 9c 9 is the Is the CAFER and single audit report for the fiscal year ending June 30th of 2017? Yeah, okay, so it's not 9c, but please Maybe that that seems to be part of it. Anyway, I feel that it is actually a Detriment to the county to be accepting money from Homeland Security with what it's really doing items Also on the library Item 47. I think that's a misuse of funds libraries should be for books Not annexes not Wi-Fi hotspots, which actually endanger the library patrons with all the radiation Missed uses of funds number 31 and 32 under the category of public safety and justice And talks about electronic monitoring for inmate Management and tracking there's already too much of that and this again radio frequency idea ID there's Money again going towards things that are actually harming the public But it's under the guise of benefiting the public I I think that's also a waste of money as you can see from the people here We have real needs for homes and employment and parks Etc in our our county. That's where the money should be going. It's very disheartening to me to see and Read where the funds are going to actually Harm people instead of help them. Thank you. Thank you Good morning sir. Welcome. My name is Steve Coons. I'm a client of MH can have mental illness And I wanted to speak on every half About five years ago. I started going to MH can they offer food Groups, which I take advantage of about four days a week About four groups a week. I've been able to get off the streets with their house. So it's a really important resource for me I can't say enough about Sarah and the Staff there they treat you well all the groups are run well and I just wanted to offer my support to MH can thank you. Thank you Morning and welcome for consent. Good morning Hi, my name is Tina Hawkins, and I am also here to speak about mental health services at fun It's very short, but I Would like to say funds in my opinion funds should continue to be managed by the county of Santa Cruz with input from the city not distributed directly to the city of Santa Cruz and And And I would just talk just briefly about my own experience of MH can I've been there with four years Peer support worker. I'm outreach. I and I do outreach on the outreach worker there. So I go out in the community and help Bring get services for people and get them Help them get housing get them on Help them fill applications help them get on Medi-Cal get any type of fun Let me see SSI applications any type of thing sitting in offices with them taking the doctor's appointments Driving them places and just sometimes just sitting and talking with people and being a companion and just there's a lot of Just a lot of sitting and talking one-on-one peer support But there's so many things I could go but there's a lot of people behind me that spoke before I did so I think you have someone of an idea. So, thank you. Have a great day. Thank you Good morning John recker water resources division director I'm speaking item 18 when I was going over the list I noticed that one of our groundwater agencies was not included and would suggest that you add Supervisor McPherson and Lea polled on the Santa Margarita groundwater agency Thank you. Are you mean item number 28 of the appointments? Oh, I'm sorry. Yes, that would be item Yeah, the appointments. I looked at the wrong one. Sorry. Thank you. Thank you for that. Mr. Ricker Good morning, chairmen's and members of the boards. I'm speaking on item number 19 Jeng win from Health services agency. I appreciate the efforts to Coordinated services with the city of Santa Cruz. We have always worked very well together I just wanted to as the chairman of the PAC executive team. I just wanted to Perhaps work with you on clarification down the road about the role of this County city coordination committee and the PAC executive team Especially pretending to the item of the PAC redesign the hopes program. I just don't want to duplicate efforts if this coordination Two by two communities going to be working on the hopes and the PAC redesign Program, I would like just to understand more about what the PAC executive team role will be I don't want any duplication of efforts and that, you know, we are going to go in the right direction together So I just wanted to as a chairman of the PAC executive team who has both city and county staff on the committee And also at time we invite elected official from both the city and the county To weigh in and to provide input on policy issues So I I just wanted to make sure that we receive some clarification to understand more about the roles and responsibilities Between the PAC exact team and this county and city coordination committee. Thank you. Thank you. Thank you for raising that Good morning and welcome on the consent agenda. Yes. Good morning Good morning, Santa Cruz County residents. Yeah, I want to be able to comment on line item 12 Rather than having to establish a board of subcommittee regarding the procedures We should have a subcommittee for public comment now the oral communication just the name of oral communication is kind of misleading I would like the public comment to go back at the beginning and Be stated that it's public comment public comment as people come and talk about the carpet water Whatever it is regarding the issues pertaining to the political life of our community and also the light item agenda In the light I'm agenda is is hidden in a room way back there in secrecy And it's very difficult for members of the of the public to peruse on the light item agenda So I think it's it's imperative that we have a steering committee for the public comment to protect our first amendment rights Also, I want to be able to comment on Please bear with me The public safety and justice Light item 30 for the youth and also the adults that are probation They're having a very difficult time Getting in to meet throughout their legal obligation with the public the probation Department is and it stands with lack of adequate transportation rather than them just breaking them off with one Day pass right maybe provide a monthly pass so that they can successfully complete their probation It whether they're youth or adults. I think it's very important. Also, I didn't have a pin of market down but line item 37 when it comes to the Human resources and service Administration, you know Like I said, I suffer from PTSD. I can't get adequate treatment over there at the mental health Facility in emilyne emeline and also my brother and dealing with his PTSD So in dealing with the GA office, you know The issues over there that we're having in terms of keeping these political agencies Accountables in terms of them just coming out of right where the social policy benefits members of the public not adversely affect them and not Making them jump through all these loops That's just oppressive and not sitting down having community involvement in having a dialogue with with members to shape The policies that affect them I Think that you know constantly just throwing money to this agency We need to sit down and maybe have a public audit and then also a performance review Because it seems like the people are really hostile when members of the public would want to keep these agencies accountable And we're there with good intentions We're there because we want a better political life and the people that experience these these agencies It's important that we all work together Because there's mountain tension that threatens the political and social order. Thank you. Thank you All right, we'll bring it back to the board Why is there anybody else like to dress us on consent? Jack we're gonna come up Please just name the item that you'd like to speak to on consent Jack Schultz. Good morning. Thank you for thank you For doing all this work and listen to all this. I have just something recently to say about item 50 Essentially the Airbnb ordinance. Oh, that's actually gonna be on the regular agenda. So, oh, I'm sorry If you wait a little bit of time, we'll get to the regular agenda. We're still on the consent agenda. Just a problem Seeing nobody else will bring back to the board for action on consent. I would move the consent agenda as amended So I have a motion from Supervisor Leopold a second from Supervisor McPherson Yes, Supervisor Kennedy. I just wanted to respond to Director Nguyen's comments. First of all to all the folks who manage can thank you For thank you for coming today. It's very helpful for the board to hear your stories and to hear how this organization is helping you This is the City Council unanimously sent us a letter asking for information. This is us having Responding that letter. There's no policy decisions being made today or funding decisions or anything else It's just trying to give the City Council the information they want But your testimony was really helpful In in under for us to understand the value of this program and then for Director Nguyen The to the city formed recommended a two by two committee. It's been meeting for about a year It's just to coordinate and share information between the city and the county as it relates to issues at least in north county around homelessness It wouldn't supersede or interfere with the PACT program. It's it's a really information sharing and coordination committee I just want to confirm that the clerk got all the amendments that were there and comfortable with all the changes to the boards In commissions. Yes, except on item number 28 There were corrections that you mentioned about that were two advisor groups that were at the community corrections partnership in the justice and gender task force That in the trip for and for the Treasury Commission alternate supervisor Caput and it was mr. Ricker pointed out that supervisor McPherson and I are both on the Santa Margarita Groundwater sustainability management agency Got it. Thank you. Thank you. So we've got a motion in a second for the consent agenda as amended all those in favor I opposed it passes unanimously I will now move on to oral communications This is an opportunity for members of the community to address us on items that are not on today's agenda But are within the purview of the board of supervisors. You'll have three minutes. Good morning. Welcome back miss Garrett Hello everyone again. I want to urge the doctors and scientists on the county with the county to sign on to this 5g appeal and Just briefly Scientists and doctors warn of potential serious health effects of 5g. I Think it's about 180 scientists from 36 different countries are calling for a moratorium On the rollout of the 5g microwave emitting technology that is being Pushed through and we already have 4g 2g 3g 4g Wi-Fi and other sources of radiation Harming people so I'm going to make copies of this There are many scientists and doctors from The United States as well who have signed on and it says 5g leads to mandatory increase of More radiation very dangerous. I was in this room on Friday Where the zoning administrator had two items on the agenda of cell towers and once these are up They keeping increasing the radiation the 5g. I've read is Millimeter wave technology that the military uses to disperse crowds and It oscillates. It can be 75 gigahertz Extremely hazardous and this means people are having involuntary 7 exposure That we don't consent to and as these cell towers go up the neighbors don't want it They don't consent. They're not informed and it's toxic trespass I know each of you have related to this copies of the Documentary take back your power and people can see take back your power net I just watched it again last night and I recommend you do that it talks about a lot about the smart meters and the health impacts and this 4g It's called sometimes smart meters on steroids in that Documentary you'll see ginger father In which she describes her son's brain cancer death while a student at San Diego State University Where there was a huge cell tower she found a cancer cluster there when she looked into it So thank you. I will provide you copies and would like the doctors of the county to sign on. Thank you Good morning. Welcome. Good morning. Thank you very much and thank you for your work supervisors My name is Bob Morgan and I'm a constituent in district one and I would first like to thank mr. McPherson for his comments regarding Community input into the visionary strategic long-term plan for the county. Thank you very much for those previous comments I'd like to talk a little bit today about trust trust in the community that has done good work trust in process and trust in a product And this is what I'm talking about the county sustainable plan and this trust now is being sorely tested This sustainable plan is a wonderful vision and it was produced through 16 community sessions It was finally publicized in 2014. It took two years to put together and it concerns the whole county Every district is touched by its reach. It's garnered over 250 pages of congratulatory letters It's a powerful achievement defining our community vision Its creation reflects the efforts of a plurality of voices and its forward thinking It's five hundred thousand dollar price tag to consultants paid to guide us to its creation Has as its first principle New developments should be compact It should feature a mixture of uses and development intensities that support transportation choices including transit cycling walking in carpools It should enhance the unique characteristics of communities by investing in health healthy safe attractive and walkable neighborhoods It should promote social connections This project on the other hand the Nissan car dealership now proposed at the corner of 41st of Socal Avenue is a contradiction to the sustainable plan and put that picture forward vertical for you It is an antithesis to the sustainable plan This project could be thought of as business as usual It is the result of a few powerful people pushing their agendas it engenders engenders distrust It's just its objectives are to provide its first objective is to provide an attractive car dealership Yes, that's its first objective to provide service service commercial zoning We're now community community commercial zoning exists to provide commercial tax revenue Those objections are a stunning contradiction of the community-driven sustainable plan The daft DIR produced because constituents in district one demanded it be done and John Leopold saw to it Thank you. This almost didn't get produced This project was given a negative declaration by planning and it was going to be put to the approval of the Board of Supervisors until Interested residents and constituents in district one held it up The developer and the owner Don Cropetti paid planning staff to complete the draft DIR. It was not put out to bid He wanted it done now What's the rush? Staff spent time on the draft when they could have been integrating the sustainable plan and the general plan Thank you very much supervisors. Please respect the sustainable plan. Thank you. Listen to constituents. Thank you. Thank you Good morning and welcome back Good morning Becky Steinbruner resident of Aptos. Thank you, Mr. Morgan for your eloquent Representation of the public regarding that project. I'm here to talk about the Aptos Village project and I want to make the public and supervisors aware that tomorrow is the deadline for the appeal of the building design modifications for phase two The signs for that application were hidden At the construction site One was behind an outhouse and the other one was way back in the project where you had to trespass to go see it There nowhere on the signs. Is there anything about the December 22nd close of public comment? I found out happenstance that day Three hours before the comment period was to close I tried to contact planner Randall Adams, which is the only source of information given on the sign He was not available No one from the planning department has been available to provide me with any information on these modification changes Until last Thursday after the application was approved. I Met with Wanda Williams and a couple of other residents as well She had no information on the project really to answer our questions She has a list of 12 questions from that meeting She said she'll try to get us the answers by next Thursday this Thursday That will be after the appeal deadline is passed Now I am considering filing an appeal. I Could probably scrape together the $800 to go to the zoning administrator, which would be Wanda Williams and I could probably appeal her decision because I know what her decision will be She'll wave it on through just like you have on former appeals that I brought where the substantial changes were immense in 2015 I Could probably scrape together the $1200 to appeal it to the planning commission and I might get a better ear there They might watch the video that I took on December 22nd Showing there were no signs available to the public and showing that there were signs placed after the December 22nd appeal Comment period ended put up in a public site at the trout Gulch Those were put up after the December 22nd date and I have that on video Ms. Williams had not watched that video last week when we met her and probably nobody it would at the zea Maybe the planning commission would because they're citizens Maybe I could scrape together the $1800 to come before you again, but I know what the result will be Supervisor friend, you've not answered my emails asking for a community meeting You have not responded to me go into your constituent hours last week and asking for a community meeting. I Came with a letter yesterday Please thank you if I do not appeal It will be a conscious decision because I have found another way Thank you to maybe get a better result than what the local government Citizens, please. Thank you Morning welcome. Good morning. Happy New Year My name is Brenda Chadwick. I've appeared before you many times. I'm an advocate for the smaller cannabis cultivators long-term Heritage farmers in in the county. I know that this is something that you're going to be taking up in the next I believe month And I want to encourage you to remember that when this all started with the C4 committee that the goal was to Cast a wide net and bring people in make sure that the black market is eliminated Make sure that there are regulations that our county and and Our community stand behind No preservative and no pesticides organic safe Medicine now, I know a lot of that has changed, but that's still I think The focus that we need to have The other part is that as I've been following this There seems to be an emphasis on larger businesses and I don't really think that works in Santa Cruz County where the second smallest county in the state We need to focus on smaller specialty cottage Cultivations that I think fits more with our community During the registration, I think it was halfway through the registration governor Brown signed Legislation that had been already approved for a type 1 C specialty cottage license, which is very small and For instance for indoor, it's up to 500 square feet I don't know that we need to go up to 500 square feet But maybe we go up to 200 square feet so that people who have been Producing Cannabis for our local dispensaries have the opportunity to stay in business It's something that they do in their home. It would fit in under the home occupation ordinance that the county already has The other I Personally have a hundred square foot garden because I wanted to Stay within the guidelines as much as I possibly could and That hundred square foot garden is half my income but even though I fall under Guidelines for a personal medical garden, I'm not able to sell to the local dispensaries anymore So I would hope you keep that in mind. I'm going to keep coming back with it. I think it's very important. I'm Excited to see what the Responses are to the comments that were on the EIR. Thank you so much. I'll see you this afternoon. Thank you, Ms. Morning, welcome back morning Jeff Nordle. Yes, and what she said I agree with that So I just want to say that yeah I'm speaking about cannabis and just want to let you guys know that I came to this started Interacting with the county trying to get some clarity could see it's a complex issue So I've always been coming at it from a consensus consensus point of view and trying to find solutions because I believe there's always Solutions if you can actually understand where Different concerned parties are coming from the challenge that we're running into the more people I talked to in the county and try and dig into this issue to understand is Just running into to be frank and I'm not trying to stick it to the man or anything here, but that my honest Experience has been just a lot of concealment shadowy kind of stuff that is it is not a transparent process that's going on here So I think it's time to start being honest about some of the things that are going on One thing I know Just our cannabis licensing head Who is the first licensing person? My understanding and based on conversations is that he resigned for ethical reasons and that's ethical He didn't feel comfortable Collecting funds from people in the mountains where it it actually seemed there was actually an effort to actually ban the very people Who are paying into the system? So I'm just going to read really quickly here from the county the different definitions of zoning are a residential agriculture And it says a use is small-scale agriculture greenhouses and wineries I'm going to read from TP to timber production growing harvesting timber Forest products and agriculture special use uses allowed in RA So those all seem to be in line with what we're proposing as far as cannabis cultivation Barbara was speaking about the cottage License the states put forward. That's a 2500 square feet of Outdoor or greenhouse and just for the fun of it. I Have a I just went on GIS this morning and pulled up a bunch of parcels in Bonnie Dune But this actually translates across Coralitas Aptos in other areas Here's one thirty six acre parcel in Bonnie Dune. There isn't it's it's TP There isn't one single tree on it. It's all grapes and I put a little dot on here that is actually to scale what 2,500 square feet of cannabis would be and People I know in that region other places are screaming that Forests are going to be clear-cut and such but right here. We have thank you vineyards So anyway, thank you, please be fair to this legal. Thank you agriculture product. Thank you Welcome back. Mr. Schultz is for items not on today's agenda Well, sorry for my mistake before it's morning again. I'm Jack Schultz I'm here primarily just to show support for I guess it's item 50 your new regulations about I think of it as Airbnb, but shared housing You've done a lot of work on it I don't really agree with everything in it, but it seems to me like it's it's the best that we could hope for So that's really all I'm here to say for but I think but a great advantage to say something else one of the words in there in the Ordnance is it we grandfather and people it happens that I benefit from that I grandfather and I can be an Airbnb person if I wish The concept of grandfathering has It's very difficult. I don't think anyone could easily solve how to judge Items and public policy on a merit basis rather than some some broad-based rule like as of a certain date Many of you know that I specialize in solving unusual structural problems in water systems Rainfall and things like that and I often get calls from people who have been red-tagged For various reasons and usually for darn good reasons and I often won't take the job because they don't think it should be fixed But I guess I'm recommending that you somehow form a very independent commission because it'd be one hell of a difficult job to consider in Things such as Airbnb or planning in general to consider a commission that somehow evaluates Applications on merits rather than on an arbitrary rule of a certain date. I Hope you can do that sometime. I know it'll be difficult But we need to we need to get away from rigid to rules because so much is changing I think rigidity even though I happen to benefit from it is not valuable. Thank you a lot guy. Thank you mr. Schultz Again, this is a public comment Yes, thank you. Thank you. You didn't call to oral communications as public comment. Yeah. Yeah. Thank you. Thank you Thank you for considering that I do appreciate your leadership I want to be able to remind as Santa Cruz County residents what it is to be a good flag waving historic So this is the flag of 1776. I want to Wave that but I want to be able to share with members of the public real quick my latest books that I'm reading Community justice really great book has a plethora wonderful information just on community justice I love to read also. I'm reading How to win an election right? This is really great because the American public is looking for strong leadership That's going to be really sensitive to the needs of the public and Aristotle talked about rule will show the man How we rule shows the individual right and I noticed throughout Santa Cruz County A lot of these political agencies are imposing arbitrary rule which is shocking It just it just baffling and we see this arbitrary rule and it frustrates the American public whether it's a legal community The DA's office the sheriff's department, right? Just this arbitrary rule where they just bypassed Community justice the due process and equal protection clause and no one is being above board No, it seems like everybody wants to protect and chase after the market-driven values When we constantly relinquish our humanity for the market-driven values and turn a blind eye to our class struggle it's bad for all of us and I want to be able to say to identify with one's neighbors the beginning of love Right for the administration of justice is affairs of everyone Right the suffering of a large number of people cannot take place within a society without the imparing of the effectiveness of the whole Countervailing values sometimes outweigh the obligation to obey democratic laws Ecclesiastes 7-7 talks about surely oppression destroys a wise man's reason, you know the Rebellion in the jail. I don't appreciate the senator Just nothing but about out shout out newspaper Just throwing the American public the people in the jail are speaking out They're tired of the humiliating strip searches that are going on in the jail They're tired of the inhumane demoralizing living conditions in the jail We have to take care of the lease of the the lease of the brothers and try to uplift them They are standing up for their for their humanity in the social conditions have to improve. We're not asking for for We're asking for economic amelioration in the jail so that the people are able to enjoy their humanity They're rising up and they're standing up and like I said, it's part of the American public These are Christians that are not being respected right the chaplain needs to be fired He's not he's just passing Islamic information and these are Christians These are Christian in the county jail and he doesn't want to provide them with kosher diets He doesn't want to put provide them with Christian Bibles and it's frustrating because the people find it very hopeless And when men band together, there's power. Thank you. Thank you So everybody else for oral communications public comment. I'd like to address us on items not on today's agenda Good morning. My name is Sandy Clary and I thought that the hearing for the Airbnb was going to be at 9 30 this morning Apparently, it's not until 1 30. That's correct It's a 1 30 scheduled item and it has been agendized as such since we put the agenda out on Thursday So does that mean that I would speak at 1 30 rather than today? Okay. Thank you So anybody else for all communications Seeing none, we will go on to our regular agenda also note that immediately after this item We will take the board will take a short break in advance of the 1045 Scheduled item for zone 7 so item 50 the first item on our regular agenda is a continued public hearing to consider amendments relating to the accessory Dwelling units including proposed amendments to the county code sections 12.02.0 13.10.312.314.322.323.418.446.554.611.681 and 713.206117 and 108 and 18.10.104 to accept the secret determination take related actions as outlined in the memo the planning director We have a resolution Of the submittal to the coastal commission a clean version of the ordinance a strikeout underline of the proposed coastal ADU ordinance a clean version of the proposed non-coastal and a strikeout underline of the proposed non-coastal The sequa notice of exemption the planning Commission staff report and a resolution of The planning Commission from January 10th 2018. Good morning and welcome Good morning. Thank you for that very thorough introduction So this is a continued public hearing this morning We I we were last here on December 5th discussing this item and your board Directed staff to return to the planning Commission for report and recommendation on certain items that had changed since the last reviewed by the planning Commission for for their discussion so I'm going to go through really briefly the changes that took place that Launched us into returning to the planning Commission and additionally I'm going to take this time now to discuss some of the changes that actually were included in the ordinance when it was before your board on the fifth Closer to the microphone I see people trying to strain to hear you Okay, um so When we were here on December 5th We didn't go into some of the changes to site standards that were included in the ordinance that was presented because we were focused on the Those few coastal issues that had caused us to return need to return to the planning Commission So I'm going to go through all of that in a little bit more detail today so that your board is Fully brought up to speed on where the ordinance is today So first I'd just like to point out there are two versions of the ordinance and this is because The ordinance amendments that your board adopted in 2017 Were never reviewed and approved by the coastal Commission So they have been in effect since March of 2017 outside of the coastal zone inside of the coastal zone We have been operating under the adu ordinance as was last approved by the coastal Commission and is part of our lcp So we've been operating under two separate ordinances. So we are adopting two different ordinances and it is our Deep intention and sincere hope that in a few short months We will have one unified ordinance that is the same throughout the county and in effect everywhere So there are just eight points that I'm going to go through here Representing that are you know changes in the ordinance since we last discussed it in detail The first of those is that there was another change to the state law that was signed into effect in October 2017 one of the substantive changes to those state code sections Created a different standard for parking which we are allowed to apply It eliminated our ability to to apply parking standards on a poor per bedroom basis Rather, we can we can apply parking standards as One space per adu that is the maximum we are allowed to require it also included language that Created parking exemptions for any adu that is part of the home or other structure So our interpretation of that is that any adu that is attached to the primary home that is built above a garage Or that is built as an addition to another Accessory structure on a property would be exempt from the parking requirement Additionally, I'll just also remind you that conversion adu so that is adus that are created entirely within the walls of an existing structure Have already been exempted from parking requirements per the state law The one exception to that is that within the live oak parking district We would continue or any other future parking district that's established We would continue to require that property owners provide off-street parking spaces for their adus When we were here Earlier in the spring we got direction from your board that we eliminate one of the site standards Addressing the location of an adu inside the urban area We used to have a standard that said an adu had to be within 100 feet of the primary dwelling and accessed via the same Driveway we've amended that to say that the adu can be located anywhere on the parcel and accessed by a second driveway so long as that is That generates a superior site plan and is approved by the director of public works Now the two coastal changes that caused us to have to return to the planning commission The first of those is that the prior version of the ordinance stated Incorrectly that a conversion adu would never require a coastal development permit and in fact that's an overstatement There are certain situations in which a conversion adu would in fact meet the definition in the coastal act of development and would require a coastal development Permit so we have made that change in the ordinance the second is the level of review For an adu to be allowed on commercial agricultural land inside the coastal zone Previous versions of the ordinance either did not allow adu's at all on commercial agriculture inside the coastal zone or The most recent version Had it at a lower level of review so outside the coastal zone We allow adu's on commercial agricultural land at a level for review which involves public notice and The coastal commission was not comfortable with that and felt that in order to protect those coastal agricultural resources that That permit should be elevated to a level five So that is what is shown in the ordinance today When we were here on December 5th your board gave us some direction to Revise the ordinance such that so that One parcel cannot both hold a vacation rental permit and have a legal adu so that change has been reflected in the ordinance and that's reflected both in the Adu section of the code which is 13 10 6 81 as well as in the vacation rental section of the code 13 10 6 94 Based on recommendations from the planning commission the proposed ordinance that's attached here Reflects a change to the manner in which height is measured you may recall that For the last year we've been operating under a standard of average height outside the coastal zone for certain adu's and That standard has been a bit hard to Implement and explain to the public so we have With the planning commission we are recommending that we remove that average height standard and instead replace it with a Standard for the exterior wall height that's easier to measure. It's easier to explain and implement And we think that still addresses the planning commission's concerns that especially in cases where you have an adu that's built above a garage Where the setbacks are reduced to five feet side side yard and five foot rear yard by the state law They were concerned that there would be Too much impact on neighbors from having you know a two-story structure go up so close to a rear yard setback With no notice because these are building permit only And so they wanted to find some way to mitigate the design and the height of those structures We think this is a good compromise to measure the exterior wall height and At the most recent hearing they the planning commission voted to recommend a 20-foot exterior wall height the prior version of the ordinance included a 22 foot exterior wall height which 22 feet is the exterior wall height that's used for two-story structures in the pleasure point zone district So we feel that's a standard that has been vetted and used already somewhere in the community so Your board can choose to Select 22 feet as the exterior wall height or 20 feet as is currently reflected in the ordinance Then just the last two things some clarifications were added to the code about pleasure point to address that same standard of differences in height and setbacks for 80 years above garages and then lastly The table in 1310 323 that shows the site and structural dimensions Has been reformatted to make it easier to read and utilize So our sequel exemption was prepared with in consultation with the environmental coordinator and utilizes the statutory exemption That's available for ordinances about 80 years that flow from State government code section 658 5 2.1 and 658 5 2.2 That notice of exemption is attached to your packet Based on correspondence with the Coastal Commission prior to the December 5th hearing this we believe this ordinance is in compliance with the with the Coastal Act and It is our intention and hope that it will be Approved by the Coastal Commission when we submit it to them our next steps are to Following action by your board today would be to submit the the ordinance as approved or amended by your board as well as the amendment to the general plan and LCP that your board adopted in February of 2017 to the Coastal Commission for their review and our Intention is to have that be on the Coastal Commission agenda either in March or April and so The ordinance that is adopted by your board will be in effect outside the Coastal Zone 30 days after approval And it will go into effect inside the Coastal Zone immediately upon approval by the Coastal Commission and At that point we will when we have one Unified ordinance we will be able to launch our public outreach campaign and publish our public guidance documents So with that our recommended actions are that your board reopen the continued public hearing on this item Accept the sequel notice of exemption included as attachment F Adopt the resolution directing staff to submit the ordinance amending the county code inside the Coastal Zone to the California Coastal Commission adopt the ordinance amending the county code inside the Coastal Zone in concept attachment B and Adopt the ordinance amending County Code outside the Coastal Zone in Concept attachment D and direct the clerk to place the two ordinances for second reading and final approval on your next available agenda And I am available for any questions should any remain Thank you for that detailed report. Are there any questions from board members? Supervisor Leopold, thank you chair. I just had Two areas that I wanted to talk about the pleasure point standards from my reading of this It's it's really has to do with in the pleasure point District it was allowing requiring setbacks of those second stories That in the in the area of ADU's we're not going to require that And then I couldn't exactly talk about Figure out about the floor area ratio And how that's affected by this all because one of the one of the trade-offs that was discussed as part of the pleasure point plan was You could if you step back The second floor you could you could have more space on the first floor and be a have a higher floor area ratio So I'm just trying to understand exactly what the differences that we're proposing here. So the The proposal that's here right now would add An additional 2% of floor area ratio and 2% of lot coverage on parcels that are small so 6,000 square feet or smaller If they add an ADU they would be able to go up to 52% or 40 of far or 42% of lot coverage And then In the pleasure point zone district We also added that same 2% to the allowable far The lots in pleasure point are quite small, right? We don't we don't have fixed that 6,000 square foot lots and The community has been supportive of the idea of taking up more of the More of the space on the ground if if they can reduce the size of the second floor to allow sunlight and other pieces And I'm just trying to get a sense of what the practical effect of this if these are conversion ADU's then That they don't really add to the FAR correct And the construction of new ADU's Might be challenging there Just as some of those lots the to get something that really Makes sense But we would all the but if I understand you correctly we would They could increase the far another 2% Yes, if they wanted to do it that's the recommendation The second question I had was Something that came up When we talked about this in December around heights and garage standards. Yes, and so I'm interested in making sure that our garage standards are similar to what we allow for a conversion ADU And this new way of describing it not the average height, which I think This is a lot easier to understand and I appreciate Coming up with something that's easy to explain Makes sense, but is that going to be also be the standard for our garages as well? So the the recommendation that we have right now is that the overall maximum height for detached garages inside the urban services line Be lowered to 24 feet to match, you know, the potential height of an ADU above a garage As it's currently written we haven't included the exterior wall height on a detached garage That's certainly something your board could discuss So will we do that in this ordinance or will we do it in another ordinance? We would we would amend the the the chart in the code to show that the new case is that there's a maximum height It wouldn't be in 681, which is the adu section. Yeah. Yeah You could do that today. I if you could give you direction You could give us direction. We could we could incorporate that into the final version. That's a that's comes back on the second reading Yeah, well, I'm interested in that because I see this as As I explained last time I'm concerned about people gaming the system And we should have standards that make sense if we're going to allow if if it's such an easy path for conversion ADUs we should make sure that the structures that get built are are not We've seen all sorts of interesting ways in which people try to get around some of our rules. Okay Thank you. That's all I had. Thank you. Any other questions from supervisors? Seeing none, we will now take the opportunity to reopen the public hearing This is an opportunity for you to address us on items regarding the accessory dwelling unit changes Please feel free to step forward and address us during the public hearing Morning, welcome Good morning. Becky Steinbruner. I'm surprised to see an empty room here um I have some concerns and one of them is that on the water requirement for these new ADUs versus conversions that the Water agencies are not on the County planning's main route checklist I think that needs to be added And I've spoken with miss levine about it, but it's a big problem And I've spoken to with your board about it In the soquel creek water district area, they have a water demand offset requirement Not necessarily for the The conversions but for new they will And that's not clear to the applicants That can be corrected by adding the water agencies as part of the main plan routing checklist It would be a very simple thing and would include the water issues in development I'd also like to talk about the the ag land Having at two different levels of of Approval for the coastal and non-coastal. I would like to see both made level five That would be add more consistency and simplicity to the code And it would also support measure j our county's Ordinance for preserving farmland and making land taken out of Agricultural use more publicly Noticed I would also like to address the issue of using the exterior wall height to To measure the height of an adu and I would like to point out that often people put a very high pitched roof And dormer windows in effect adding to the overall height of the building And I think it needs to be the overall height to the point of the roof that is considered I would like to see added in the requirement a local requirement that there be fire Sprinklers added to all adus and we have the ability to do that because there was a death in an adu That was not protected for both fire sprinklers And we all know that a lot of times The heat gets used as a portable heater and those cause fires That's a simple thing to do and it's a public safety thing to do to add in the requirement that all adus have fire suppression systems And um, finally, I would like to ask clarification from staff On the shading requirement for new construction I know there is a limitation on december 21st about the amount of shading that proposed construction can impose on neighborhoods And I would like that made clear. Thank you. Thank you. Is there anybody else that like to address us during the public hearing See none. We will close the public hearing and bring it back to the board supervisor leopold Thank you chair. I really appreciate the work that the staff has done. I know this has been In some ways a long 12 months Of looking at changes to our accessory dwelling unit regulations I believe that there's a lot of support in the community And i'm happy to move the recommended actions I want just clarity Because I want to make sure I get this right in the in my motion about the garage standards Because I like that to be part of the motion But I want to make sure that that That i've given you the right direction. Okay, so the one the first thing that Would be important for that is to clarify whether your board wants to go with the ordinance as proposed Which includes a 20 foot exterior wall height versus the 22 foot exterior wall height which which was included The last time the ordinance Came to your board And then you would just direct us to make the Add the standard for exterior wall height to The line in 13 10 3 23 about detached garages Well, so I would move the recommended actions to keep the To keep what the unanimous vote of this planning commission was At the 20 foot height And add these standards to our garage Standards as well okay There's a motion. Is there a second? A second from supervisor McPherson. Is there additional discussion on this item? I would also like to add my thanks to staff I think this is a significant step forward and providing often affordable housing options for our county and and We will now be making it easier cheaper and faster to be able to Construct ad use and I think it has the ability to Have one of the largest impacts or fast impacts on some of our difficult housing options now than Any other thing that we've done in the last couple years And I think that a lot of it has been because of the work that you've done And I appreciate you not just working on the state changes But also bringing forward a set of local changes that really do harmonize with our Local values and needs. So I appreciate the staff's work on that other other comments We have a motion and a second All those in favor I Opposed it passes unanimously The board will now take a 15 minute break until 1045. We have a 1045 scheduled item, which is the zone 7 meeting We'll return here at 1045. Thank you. We'd like to Come back into order and this time We're actually going to call to order the county Santa Cruz board of directors for the flood control and water conservation district Zone 7 if we could have a roll call for zone 7, please director Leopold here Coonerty Caput here McPherson Lynn Belisic Hernandez The heart Siri here Gonzalez Chair friend here and we do have a quorum with those numbers and I'll move on to are there any late additions? Mr. Strudley to the agenda No, they're not all right. So we'll open it up for all communications It's an opportunity for members of the community to address us on items that are not on today's agenda But within the zone 7 purview you'll have three minutes Good morning. Welcome. I could do it much faster than three minutes This is k. I'm k. Archer Bowden. Good morning And I represent the homeowners associations at Pajaro dunes and I come to praise your staff today on January 8th The road into Pajaro dunes flooded and the staff called me in a panic And by the time I reached mark it had they had already proceeded to stage two Of the breaching now It's a very complicated process that you have to go through because of the core of engineers permit And I was a little concerned because you have all you had all new staff this year on zone 7 And yet they did it just remarkably well. They made it look like it was a really easy thing to do They responded really quickly They kept the homeowners at Pajaro dunes informed of what was going on They have to send out. I don't know how many emails to how many agencies but they accomplished that too So I was just really pleased with the way they responded and the way they communicated with everybody And I wanted to let you know. Thank you. Thank you for those kind words So anybody else that'd like to address us during oral communications, please feel free to step forward. Good morning and welcome back Good morning. Becky Steinbunner resident of Aptos I would like to ask again that this board the flood control and water conservation district Extended invitation to dr. Helen Dahlke of University of California Davis Who's doing some phenomenal work About using storm water runoff to flood farmlands that are Dormant and doing some excellent groundwater recharge efforts It's it's happening a lot in the central valley And I think we could put it to use here in our area maybe pump some of that water instead of reaching the levy Breaching the the storm water runoff to put it out into the fields and let it recharge the aquifer Dr. Dahlke is doing extensive work on that and I'd like to invite her and ask you to extend her an invitation to come and speak We have also another person that I understand is is actively working in the same respect in the central valley But is local and his name is daniel mount joy I would like your board to extend an invitation to come and ask him to give a presentation about his work here as well Thank you very much. Thank you. Is there anybody else like to address this during oral communications? Morning, welcome. Good morning commissioners brian lockwood. I'm with the power valley water management agency and I just wanted to um take a moment of your time during communications this morning and and um Provide a brief update on what we're doing at the power valley water management agency and and also extend a little praise of staff for the The great communication and collaboration we've had with the zone seven staff in and around this effort So the power valley water has been working on several proposed projects that are described in our basin management plan these include a college lake integrated resources management project and uh improvements to our harkin slew diversion facility and recharge operations and then a proposed new point of diversion on watsonville slew that would also come with recharge operations And so the the proposed college lake project is a little further along We held a community meeting back in july of 2017 and then we held sequo scoping meetings in december of 2017 and um mr. Strudley was there and we were very grateful for his attendance And we have submitted a water right application to the state water resources control board for their consideration That um has been noticed by the state water board and protests can be received through the state through i believe it's um march 6th of 2018 Our staff and our consultants are working to develop a draft environmental impact report Which will be out for public review in the summer of 2018 And it could be available for consideration of certification by december of 2018 or early 2019 if it gets delayed The work on the watsonville slew and harkin slew facilities The harkin slew is an existing facility that's been operational since 2002 And the watsonville slew point of diversion would be a it's a proposed new diversion on watsonville slew That is about six months behind the effort with college lake. So we're still doing preliminary information gathering We've completed some subsurface investigations on the san andreas terrace to Best understand where we can recharge more of the wet winter flood waters as they flow through the slew system I do have a couple handouts here if you like i can leave them for you It's a two page flyer on the proposed college lake process And that's that's all I have maybe from time to time. I'll pop in and provide updates to you as we hit Key points and milestones. Thank you for your time if I could thank you This since this is an oral communication situation We actually can't respond back to him, but we can follow up individually Thank you for those comments. Is there anybody else that would like to address this during oral communications Yes, I'd actually like to address the board for oral communications. Mr. Strudley I'm here on behalf of the county public works department and the county's santa cruz county flood control and water conservation district And I'd like to thank the board of supervisors approval of the consent agenda item this morning, which had to do with a resolution that Authorizes the flood control district to Submit a grant to the california department of water resources for enhanced rainfall monitoring equipment um Staff at zone seven and the rest of the county is well aware of the sensitive financial constraints of zone seven and Existing facilities for weather monitoring provided by the national weather service literally Is under the radar overshoots? Much of zone seven and so we hope that With the wardens of this grant that we would have the capability to provide some enhanced flood warning capability and emergency response in zone seven And we anxiously await to submit that grant application Early next week and wait to hear from department of water resources under their statewide flood emergency response grant Thank you. Is there anybody else that'd like to address this in oral communications? Seeing none, we'll move on to item two, which is the approval of the zone seven minutes Are there any updates or questions for the minutes? Mr. Siri Do you want to okay, so just We'll make him present as that addition. Is there anybody from the community that'll like to address this on the minutes Uh, see none will bring it back for action. I'll bring the rule. I'll second We have a motion from director leopold a second From director cap it with that change of the minutes that show that mr. Sure is present at the last meeting all those in favor I opposed it passes unanimously move on to item three Which is the board of directors of zone seven to consider the nominations of the for the zone seven Board of directors chairperson a vice chair person is recommended from the district engineer mr. Strudley Yes, thank you In conformance with the rules and regulations the election of zone seven director Chairperson a vice chair person is scheduled for this first regular calendar year meeting The governance administration of zone seven has been very effective under the incumbent chair As we move through the final phases of the feasibility stage of the federal flood control project with the army core We will have numerous additional opportunities for legislative and administrative tasks at the federal and state level And we requestfully recommend respect excuse me respectfully recommend that the incumbent chair is Nominated for chair again this year And we would also find it very valuable to have representation from the city of watsonville In a nomination for nancy billisich is vice chair. Thank you. Thank you. Are there any questions? Is there anybody from the community who'd like to address this before we take action on this item? Are there any other nominations or is there a nomination for this? I would nominate it would formally nominate zack friend is to be continuous chair and nancy billisich is vice chair second All those in favor? I opposed it passes unanimously We'll move on to item four as the board of directors zone seven consider a status report on storm damage repair and levy rehabilitation assistance as outlined In the memo from the district engineer. We also had the press release sent from the pio on levy repairs recently mr. Strudley All right. Thank you. Um after december 5th meeting Board of directors requested staff work with the county pio to update the public on the status of storm damage repairs In the lower pahoa watershed in zone seven That press release was released on december 14th and is attached with this board memo item We continue to have bi-weekly phone calls with the core In understanding their process and encouraging them to move rapidly through their process In addressing the storm damage repairs from last year On the pahoa river and in salsa poides creek We continue to request that the repairs be made on salsa poides creek first due to its sensitivity to storms Compared to the pahoa river And we expect that Those repairs to begin in february What we're told by the core is that they're in their contracting process with contractors to conduct the work Um, we have repeatedly told the core that we are eagerly awaiting Information from those contractors so that we can approve their specifics of their Repair process and that they can move forward Thank you for their questions. Sure, director cap it. Yeah, I actually you've pretty much answered what I was going to ask but It was scheduled for uh, january right and then so it got pushed forward to february Yeah, there have been repeated delays in their process Despite our bi-weekly calls with them So we continue to to try to encourage them to move rapidly and our expectation as we've been told Currently is that they're going to begin these repairs sometime in the month of february. Okay, so basically it'll be It'll help out for next year's Probably storm right rather than if we had a big storm now Um Has anything been done on those 11 different sites or 12 sites? Well, so county staff have provided extra emergency protective measures to those damaged sites on sulp's a poidus creek to continue to provide some protection in the interim until those permanent repairs can be made Large storms would delay the construction process for those repairs Um If we don't have large storms or repairs made in february will will protect against storms that we could have later this spring as well You bet And uh, real quick. I just want to thank you for how quickly you responded to pahora dunes It's uh, we're what the equipment and everything was ready to go and I mean it seemed like it was as soon as it flooded in that area that uh Uh, we we responded the county did immediately Yeah, that was foresight just being ready to What was that based on predictions of weather and everything like that? It was based in pattern predictions and a lot on the behavior of what we were seeing with water levels in the lagoon And what features were being inundated? And we responded as quickly as we possibly could to ensure the the public safety now in the power of dunes community And we do have somebody there. It was done well and quickly, right? Yeah, thank you. Thank you Thank you. Any other questions on this item? Is there anybody from the community that'd like to address us on this item? Uh Seeing none, it's a considerate status report. Is that an action item that you're requesting just to accept Yeah, we're just recommending that the board accept and follow. Okay. We have a motion moved We'll motion from director cap at a second from director. We uphold all those in favor I opposed it passes unanimously and that will end this zone seven meeting. We appreciate mr. Sure you coming up for this maybe you'll show up in the minutes this time For being present But no guarantees until next time The next item on the board agenda is actually a closed session. Will there be anything reportable coming out of closed session? No, no, okay. Well the board will Recess into closed session. We have a 130 scheduled item back here at the board Dealing with the hosted rentals. We will now go into closed session Item, this is a continued public hearing to consider amendments to the santa cruse county code related to hosted rental uses and adding code section 13.10 0.690 and amending sections 113.10 0.312 0.322 0.332 0.352 0.372 and 0.6 91 as well as 0.700 consider acceptance of sequa exemption and take related actions as outlined in the memo from the planning director We have a resolution directing staff to submit ordinance to the coastal commission a clean Hosted rental ordinance the strikeout underlying hosted rental ordinance the sequa notice of exemption The hosted rental ordinance the strikeout underlying copy The planning commission staff report and materials which were available online in the resolution of the planning commission And now we have a staff presentation. Good afternoon and welcome back. Good afternoon. It's a pleasure to be here yet again so first before I start I'd just like to Think everyone aware that that we had a replacement attachment for the strike out an underlying version of this ordinance The version that was originally uploaded showed some strike out an underlying in in double strike out an underlying and that was Inadvertent so that has been replaced with a corrected version of the strike out an underlying that now matches What's contained in the clean version of the ordinance, which is The version that your board actually takes action on so Just wanted to say that up front so Just brief background. We were here most recently on december 5th to discuss this item at that hearing your board Made a motion to essentially Choose a different method for regulating hosted rentals than had initially been proposed by staff. We are Now back with this Revised ordinance after having been to the planning commission to discuss The practice of regulating the total number of permits rather than the number of nights of operation for hosted rentals So I will just go through briefly what is now contained In the ordinance. So this ordinance would create a new category of visitor accommodations called hosted rentals Which would allow up to two bedrooms to be rented short term. Well A host is present in the unit The total number of hosted rental permits county-wide would be limited to no more than 250 or the total that are That are able to be permitted through a grandfathering in process So if folks have been in operation and been operating hosted rental prior to The first time we appeared here at your board on december 5th We will accept We will issue permits to all of those folks that can prove that they Have been operating and are able to meet the other stipulations of the ordinance Even if that number then does actually exceed 250 We would be issuing permits to property owners not to properties which means that the permits Would not be transferable to any future owner But they this practice Would also allow that a property owner could hold a permit on behalf of a tenant In the property and that tenants could then change out underneath one existing one Um Valid hosted rental permit held by the property owner Um, the limits on guests would include that only one car per hosted bedroom would be allowed to be parked on site And uh, three people per hosted bedroom could be accommodated We would require that hosted rentals are counted toward the area wide and per block limits Established for the number of vacation rentals allowed in the live oak Seescape Aptos and Davenport swanton road designated areas And there is an issue that's been raised there regarding how grandfathering in Hosted rentals would fit in with the caps and um, and and whether that could potentially offer Sort of a loophole for folks who could grandfathered in as a hosted rental to then also sort of automatically qualify for a vacation rental permit because the parcel would only be counted once toward the cap and um at your direction today We would like to work on clarifying that in the ordinance because that's not our intention Our intention is that the caps are in place and they should be caps on the total number of permits that are issued on a given block Or in that given area and um, and we agree that it's not crystal clear right now in the ordinance So at your direction we we would work on adding that before it comes back for your final reading Um The proposed ordinance today would also require that these hosted rental permits county-wide are renewed every five years It would continue to prohibit using ad use deed restricted affordable housing units Um tents rvs balcony sheds porches or any accessory structures anything other than a legal bedroom attached to the home Um to be used as a hosted rental Um We would allow a single commercial save up to seven days per year without the requirement for a permit And we would require operators to obtain a transient occupancy tax To t tax certificate from the county tax collector and either pay to t or ensure that to t is paid on their behalf such as is the case um If property owners are only listing their hosted rental through arabian b that tax is paid on their behalf um And then I just like to mention two other issues that have come up these have been um Stated in the press in a couple of places and I've gotten a couple of phone calls So I feel like there's a little bit of um unclear information out there The fee that was established by your board for these applications Um on on december 12th the fee for a hosted rental initial permit is 132 dollars The fee that was established for renewal is 198 dollars and that's based on the staff time that would be Needed to process those permits There would be some other you know fees that that apply to all of our permits the general plan fee and the technology fee But in general applying for a hosted rental permit would not cost more than 250 dollars I've seen some very high numbers out there in the press and that's it's not the case We are doing our best to keep these um a very low level permit that's affordable to property owners And then lastly the question has been raised about whether food service is allowed in hosted rentals And the ordinance is explicit that food service is permitted in hosted rentals It you know any commercial food service does require under The california retail food code and some some level of inspection or permit from environmental health And so that would be between the property owner and environmental health to Sort out what type of um certificate and inspection they would need for the level of food service They were wanting to provide to their guests, but there's nothing in this code or in um our policies and planning that would prohibit that from happening So when we took this Uh proposal to the planning commission for discussion at their january 10th public hearing um They raised some concerns about um issuing permits to um properties that were occupied by tenants And so um they asked us to make some changes to the ordinance those are shown In um double underline and strike out as attachment e to this exhibit If your board shares those concerns we could insert that language into the ordinance and then Tenants would no longer be eligible to become hosts after the initial grandfathering period for existing hosts and And then those existing tenant hosts would amortize after five years They would not be eligible to renew their permits. So if that is a concern that your Board shares the language is there and we could insert that into the ordinance um The planning commission also Directed staff to return to them with a status report on the hosted rental program Either when the total number of permits issued reaches 210 out of 250 or One year after the effective date of the ordinance, whichever comes first So we'll be reporting back to them about how the how the program is functioning Regarding siqua, um, there's been a notice of exemption prepared and that's included with your packet today As far as coastal act compliance goes the coastal commission submitted pretty extensive comments on the december 5th item when we were here before they were They had some concerns about limiting the number of nights of operation And it is our understanding from staff that they are more comfortable with an overall limit on the number of permits And they will be following our check-in with the planning commission A year from from the effective date of the ordinance So our next steps following today's hearing um, if your board takes a final action today, we um We will then be submitting the ordinance to the california coastal commission for review And um, when the coastal commission takes their final action Then the ordinance would take effect countywide and as it's currently written that would open a 90 day registration period would begin for um Existing hosted rentals to come in and get their first permits And we would ensure that the registration period is noticed on the county website and Publicized through other county media resources so that everyone is well aware We would send email to everyone for whom we have email addresses We would reach out to air bnb just to make sure that everyone has plenty of time to submit Submit their application and get their initial permit So with that Our recommendation to your board today is that you reopen the continued public hearing on this item Except the sequa notice of exemption which is attachment d not attachment e as it says here in the Memo adopt the resolution directing staff to submit the proposed ordinance to the california coastal commission Adopt the ordinance amending county code sections 13 10 3 12 And all the rest of them that we've already read into the record And creating the code section 13 10 6 9 d regarding hosted rentals in concept Which is included as attachment b and then direct the clerk to place the ordinance on the next available Agenda for its second and final reading and we are available for any questions Thank you. Are there any questions from supervisors before we reopen the hearing supervisor weopold Thank you chair. Thank you for the report. Um, and Uh, I appreciate the the comments that that were made by the planning commission Not sure I agree with them all the changes, but I uh, but I'm glad that they look at this carefully I did have a couple questions. I wanted to ask um There is a reference in the staff report and in the analysis about Whether someone could apply for both a hosted rental and a vacation or or and or a vacation rental permit It seems to me That you would choose You would choose a vacation rental permit or a hosted rental permit not have both of them um, well, so based on the definitions of the two uses they're different uses and um I don't see any reason why you a property owner Why would be unreasonable for a property owner to want to rent out their entire home? Sometimes and then also host in one one or two bedrooms when they are home So that's based on the definitions that we have of these two uses that if they wanted to do Um either one of them they would need a permit for that activity And that the permit for one activity wouldn't authorize them to do the other activity Yeah, well my concern well, I have a couple of concerns around this one is um Uh, I'm very comfortable in grandfathering people who are who are using their homes as a hosted rental now um And in places like the Loda the live oak designated area to count them towards the overall cap I think that makes sense and we want to you know maintain the residential nature of our residential neighborhoods um I don't want it to be a back and and so within that there's going to be um Some blocks that have already reached their limit. Yes over their limit, but we might add some new Homes in it for uh for hosted rentals. Yes. I'm okay with that But I don't want to turn those hosted rentals Into more vacation rentals correct and I and I'm I'm I'm worried that this I'm worried about two things one is if we say Do both what that Whether we're going slipping down that slope And two is um concerned that people say i'm going to get a hosted rental I'm now i'm going to be a hosted rental, but are actually a vacation rental So you're concerned that people won't comply with their permit conditions Well, I I'm just I I think that we should make people decide whether you're going to be a hosted rental or a vacation rental um, and in those blocks Where we've already reached the vacation rental permit. We should not be Offering any more vacation rental permits We agree with you on the second point and we we'd like to work on some language to add To the code at your direction today Um that would clarify that because that certainly is not our intention to allow You know a block that's maxed out to you know Add a vacation rental simply because a hosted rental was grandfathered in that's not the intention of the ordinance And and we agree it could be made more clear that that is not allowed under the ordinance In terms of allowing, you know, some other property anywhere in the county to hold both permits You know at your board's direction, we can we can make a change I don't see any inherent conflict in issuing permits for two different activities on the same parcel Do you have anything to add paya? No, I think that was well stated and that um the slippery slope is I mean that that's a legitimate thing to think about We you know we we will um be providing enforcement, you know as needed and if somebody was operating a vacation rental But had a hosted rental permit that would be a violation yeah, so um I I say this not because there's probably people in the room who would game the system But we have had very creative people Figure out ways to try to get around some of the limits that we've uh already have enacted Um around vacation rentals, and I'm I'm trying to limit that where I can reasonably Um, it takes me to the second line of questioning, which is Do we have reasons to deny someone a permit or a renewal of a permit? I'm I'm I'm assuming that that uh people who come we're going to offer permits Uh, but in our renewal that gives us a chance to find out whether there are any problems Correct, and do we have something in this ordinance that you feel that if if they've caused noise if they have abused their parking if they're really a vacation rental, but not of a hosted rental Can we either get a higher level of review or Do what we do for vacation rentals, which is Place them on a probation status or I don't think we've denied anybody a permit for any vacation rental Here in the county or renewal of a vacation rental, but we have had a handful of properties that Have needed a little bit closer examination So the language that we have in the code right now regarding renewals Mirrors the language that's in the vacation rental ordinance. So it does require findings the development permit findings And that denial of an application for renewal would be based on not being able to make those findings So, um, I believe that sets the structure for what you're referring to Again, you're you're correct to my knowledge I don't I don't know of any vacation rental permits that have been denied or denied a renewal But we have this you know this provision making them a discretionary action based on findings allows us to Set other conditions of approval such as you know probationary status returning in one year for another Review of their application. So I think that those same tools are available here. And again, if you'd like that to be more explicit or Inherently a higher level of review. That's something that could be discussed Well, the only what I've learned in the course of this is the the more specificity we offer it's easier for the staff to To make the findings in our first write up of the Of the ordinance we found that the language was in some place was a little loose It actually takes me to my third thing that I want to talk to about which is parking spaces Okay So what we're saying in here is that no more than one parking space per room But uh in our original writing of the vacation rental ordinance, we said No more than two parking spaces on a street. Well, you know, some streets don't have parking spaces I mean, they're you know, they're I think of in the pleasure point neighborhood Parking is at a premium And so I don't want to assume that because people rent out two rooms that they actually have two parking spaces because sometimes they don't Yeah, and and In the review as as I've looked over Issues or heard complaints about our vacation rental permitting program We did change the language to to not Automatically give people spaces, but assure that they actually have spaces to give that makes sense. Yes, it does so One of the differences is that the vacation rentals Require plans to be submitted and they're processed at a higher level of review than what we're currently proposing for hosted rentals The way that we are proposing to regulate parking for hosted rentals is by limiting the number of cars Which can be brought to the site by guests We aren't actually counting parking spaces at all on a property because we aren't looking at plans for these permits That's part of what keeps the costs down um, so You know, again, there are a lot of this program relies on self-policing. That's part of the What makes a hosted rental distinct from a vacation rental is that there is a host present on site who lives in the neighborhood and Um, you know based on public testimony is very invested in the neighborhood. Um, so This is our recommendation that we we view this as more of a performance standard and um, If you know, there may be places where that's um Insufficient it's really hard to know right now Based on what we know about the number of potential hosts in the community. Yeah, um, so I'm just trying to identify issues that have come up in in the vacation rental program. Yeah, and I may be comfortable with this language, but we will find out over time that If if that if that assumptions that we're making are inaccurate that we may need to come back and and better define that because In the in heavily impacted neighborhoods, they're just isn't parking. I mean that's that that becomes a problem That is something that we can um, specifically look at when we report back to the planning commission We can determine whether we've been having parking Complaints about parking impacts at that point. Okay. Thank you. Thank you. Supervisor leopold. Supervisor cap it Thanks Yeah, I I think I have this right 132 dollars for the Sign up for a permit license. Yes Uh, is that for that's for a five-year period? Yes one time, right? Not every year, right? And uh, what was 150 about? So, um, these the way this, um, the code is currently proposed We would require that these permits be renewed every five years in order to stay active So we have an initial application fee of 132 that your board established and then the renewal fee is slightly higher Based on having to review, you know, um checking in with the sheriff checking for any code Complaints and it just involves a little more time. Yeah, but and uh with the coastal commission. I guess that They could actually draw a line One one neighborhood could actually be okay, and then a neighborhood another neighborhood might be too close to the Ocean or whatever Are they are they they're just looking at the property that's in there In their area, right? Yes, they when they make comments and when they review they they're thinking about the coastal area only And historically they normally will say yeah, they're all okay or Do they ever divide neighborhoods? I'm just curious They typically comment based on their understanding in general of the coastal zone And they're interested in visitor accommodation in the coastal zone in general Thank you, and then the lastly, um Well two things What brought us to this point? I know we want some money out of it of the county But were there complaints about the way it was going for the last You know years without any Regulation there had been a lot of unclarity because the code didn't specifically address this circumstance It addressed other kinds of short-term accommodations But this is kind of this is different than a visitor than a um a vacation rental and it's different than a bed and breakfast But under the rules that we had previously If one had come in for a permit for this activity We would have had to call them a bed and breakfast and then go through a higher level discretionary process And so your board indicated you were interested in a process that more closely matches the level of impact for a hosted rental So it's totally different than vacation rentals Which brought us to regulate that because there were a lot of complaints about big parties and stuff like that We didn't get that with this the fundamental difference is that with a hosted rental the the um The host is required to be present during the hosting activity So that there's kind of an inherent check on behavior there and the 250 days that we came up with the 210 is going to be 250 permits permits. We're not regulating nights of occupancy. Do we have any limits? No, none. Okay That's uh That's pretty mentioned. Thank you supervisor cap. It's supervisor McPherson. Then supervisor Coonerty. Yeah, just to um Clarify now who are we grandfathering in I I'd like to grandfather All those who are hosts right today. Yes. That's yes. That's how it's written now. Okay, and tenant or Property owner or property owner. Okay And um And we we would have a report back on this and did you say one year? Well, we'll be bringing a report back to the planning commission In a year either either one year from the date of effective the effective date of the ordinance or At the point when we have issued 210 out of the 250 permits we'll be bringing a report to the a report to the planning commission Okay, so there there's nothing to do with 250 at this point then Well 250 is the cap on permits that that would be available. So Um, we believe that the total number of existing hosted rentals in the county is somewhere In the neighborhood of 175 So in that circumstance if we get 175 folks that come in they get their they're established as existing Hosted rentals they get their permits then we would have you know another 75 permits to issue to new hosted rentals and after our initial You know period of bringing folks in under the grandfather clause Then we would be able to start issuing permits for new hosted rentals. However, we don't know exactly how many hosted rentals we have And maybe we have more than 250. So if we get you know 251 people that come in And can prove that they're existing and meet all of our code We would issue all of those permits and there would be nothing left for new hosted rentals at that point Okay, because I I'm pretty sure there's more than 250. I think there's four or five times maybe more than that Out there now. I don't know I I just um, so what what if a thousand came and what do you think then we would if they could meet? I mean the way the code is written today If they could prove that they've been paying tot they could prove they meet all of the standards It's a legal bedroom. It's attached to the house. The host is present All the you know meet they conform with all of our standards. We would issue them permits. That's the way it's written now Okay, and then through attrition. We you know, we wouldn't issue any permits for new vacation rentals until that number fell below 250 Okay Supervisor Coonerty Thank you. Thank you for your work. Um Supervisor leopold's questions one of the uh triggered a memory which I couldn't find in the draft ordinance Which was a requirement that essentially they post You know in the photo area and then in the the other area that it's a hosted rental permit number x y z Um, and is that is that not in the ordinance in the draft ordinance? I couldn't find it That that that is true for vacation rentals. Are you saying you saw it in an earlier hosted rental version? No, I remember making that direction at the last meeting Oh For the hosted rental um I don't believe that's in here now. So if you'd be willing to re-articulate that we could do that prior to the And just to just so I just so I understand for the vacation rental It's where what's the requirement of where it's posted? On I think it has to be visible from the street It's because it serves the function of also identifying who the 24 hour contact I'm talking about the website on the website. Oh, I'm sorry. Let's start over. I'm sorry on our website No on when they advertise Um, I don't think there's other communities have done this. Yes other communities have done that It's in one of the photos and in the it has to be the first several sentences Yeah, no, we we have not I don't in neither of the hosted rental ordinance or the vacation rental ordinance We don't talk about the requirements for advertising, which would be a you know a reasonable thing to talk about Okay, thank you Council, maybe you have uh, I know that you've worked on this I Can't remember as I sit here if our agreement with just air bnb Has this requirement in it, but I can go get it while you carry on But we don't have agreements with the rbo or any of the other Listing agencies and they control the listings But wouldn't it be couldn't you put it on the permit holder that in their listing they have to Do this but typically for the permit holders are using these platforms that they don't control Like vrbo and air bnb, but they but they post photos So this would be a photo that they post that you could do Yeah, that's that's what all I mean is that they in the the series of photos you show To your place that one of the photos be You know hosted rental permit number x and then in the In the you know first four sentences of description This is a this is the hosted rental permit x You know to the extent the permit holder can control that level of what goes up on these websites that they don't control I think that you're within your It's within your jurisdiction to do that. I'm going to go get the air bnb agreement and see if it Requires this because I can't recall. Okay. Thank you Can I get a sense of how many people are interested in speaking to this item So I can know how long we'll have to do Okay, so we're going to reopen the public hearing if you could line up that'd be That help expedite things and we'll have two minutes for each comment on this item Um, I appreciate everybody coming back today on our scheduled item I appreciate your willingness to speak again I just state your name and uh, go ahead. You'll have two minutes. Good afternoon. Welcome. Thank you. My name is kitty mirachi Um as a volunteer for Save Our Shores. I learned the Importance of training people teaching people about nature so that they help provide They help preserve it The nature conservancy has put out a request to the coastal counties in california to increase the amount of camping available to the public Because when people experience nature firsthand, they're much more likely to support its preservation And you know that camping in santa cruz is very limited But air bmb has provided a way For people especially people who live in the bay area to be able to camp here To stay out in nature and to really De-stress and experience the wonders that we have to offer And I think you'd probably rather have them visit here than to move here Um, most of the guests that are out that come visit these places that are out in nature are from the silicon valley Or it's from san francisco area And so they don't come here, you know, just to hang out for a day Uh, if they have to stay in a hotel, but when they have a place out in nature They tend to stay longer and they spend a lot more money These type of listings are actually the most popular on air bmb So it's a little disturbing to me that you are completely Removing them from the entire possibility For people to stay there I did a little search last night Quick search and I found over 50 listings just in aptos and soquel rural areas That are of that nature that would not be counted as a You know technical hosted rental even though they are Rented by the people who live right there and they people the guests are overseen by the hosts If you shut us down, it'll have a huge financial impact on the county I've hosted over 3,500 guests. Thank you Thank you. Thank you Good afternoon sir. Welcome. Yes. Good afternoon. Uh, this is nick. Thank you for allowing me to speak Um, I'm actually interested but I listened to these ladies these ladies comments And it's I've got a great follow-up question actually was exactly the same kind of comment Um, do your your rules and regulations that we understand they're going to affect the whole county not just santa cru city limits Um, if you could just just keep with your testimony. No, um Well, what the lady before me was just saying was true I mean, there are some truly unique and interesting properties all over the world. I mean california This area that that attract discerning travelers with money They don't want to stay in in dive motels on motion street on ocean street that are 200 bucks a night Um, I mean, I think it's such a shame that you would restrict Yurts or vintage trailers or other dwellings in The santa cruz mountains or other parts of this state I mean, it's it's just a travesty because There's so many unique interesting interesting people To meet and these travelers and we're living in a new paradigm. I mean people Don't want to stay in some of some of these these motels. I mean, you're you're restricting people I think it's I think it's a shame and I would urge you to Yes, we need to clamp down on these airbnb type Hotels like a mini hotel. No one wants that No one wants to live next to a house that was once a once a dwelling and it's now become a hotel But what on earth is wrong with somebody who's got An acre 10 acres 100 acres in bonny dune or or somewhere having a yurt or or a camper I mean, I can you I address what would be the issue with that? I I can't understand it It just seems punitive. It seems regressive. I don't know if you ever used airbnb, but they're all over the world I mean, I've stayed in them. I've met amazing people Um, I'm just short of your regulations. I mean, I can totally understand why you want to restrict housing And noise, but I think you've overreached And I would love for you to reconsider People using their properties particularly in the outlying areas Thank you. Thank you. And and just a point of clarification these regulations only apply to the unincorporated area Not the cities. That's where our jurisdiction is Good afternoon, sir unincorporated only yes. Good afternoon, sir. Welcome welcome back. Good afternoon Like to thank my supervisor john leopold and also the board for Listening to me here today and on previous occasions too Just an answer to greg coppett's question It's my understanding from everyone involved in this including the planning Commission which it hasn't been particularly favorable to any of this that none of this is complaint driven that's because The fact that they're hosted rentals Makes it self regulated very well regulated because this has been going on for Many years with no complaints a well regulated system But despite the fact that I I think this interferes with personal property rights I'll set that aside There seems to be a problem that the county doesn't understand They're two different areas of the county the heavily impacted areas and Everyone else Parking is not an issue in my neighborhood. I can put two three cars in my driveway With no problem. I I think there could be a way to look at things differently if we separate The those sections of the county from the heavily impacted areas Just before my time runs out I also think the 250 permits is arbitrary It's not clear and I don't think anyone Uh In front of me here is clear on whether if there are 500 people that are going to be grandfathered in But they're only 250 permits. What does that mean? Um, are we talking about 250 permits? Uh in addition to everyone that's going to be grandfathered in and I uh just would like to see no limits on permits. Thank you. Thank you Good afternoon. Welcome My name is Georgina Monahan. I live in Live Oak and I'd like to ask you to reconsider um the part of the ordinance that combines the vacation rentals and the hosted rentals to um Determine whether or not the 20 percent in a neighborhood has been met I live in a cul-de-sac and there are eight houses in the cul-de-sac I'm the only person who lives there full-time the other homes four of or four of them rarely see the owners and the others three People come and go during the month because all of these people have another house somewhere else that they go to I find that now at this stage of my life I'd like to make a little extra money. So I thought well air b&b is probably a good idea for me But it's not going to work for me There's already one vacation rental on the cul-de-sac Last year there were two and I don't know if that second person has asked for renewal. Therefore, I'm out of luck and um, I feel that my effort would be have very little impact on the cul-de-sac and um Just doesn't seem quite right. So thank you. Thank you for sharing that Good afternoon. Welcome. Good afternoon. I'm mark leach. I'm in the c-cliff area and thanks a lot for your corresponding with me um To address supervisor coonerty's suggestion about uh taking a photo i'm putting it in the In the photo area of an air b&b If we do that make sure that the address of The property is not next to that number because you don't want a picture Of the address before somebody rents a place Also, um, this might sound a little bit wacky But then I know you can't do performance standards for people who get permits But what would you do for somebody who bought a permit but didn't rent it out? They got a permit because they don't want they want to max out the number of permits that are available in their location And it might sound weird But I know somebody that is interested in doing that because they don't want They don't want more air b&b or you know short-term rentals in in their neighborhood So that could be a problem. I don't know if it would but You know do you what would we see if someone has a permit and how many How many times did they rent it that year? If they if they didn't rent it at all, what would you do if you needed to do anything? So that's about it. Thank you very much. Thank you The ordinance actually addresses exactly that it requires there to be a minimum level of usage of the permit In order for it to be considered valid. So that was addressed Yeah, people are actually already doing that in the and the designated areas And so we developed a standard that they actually have to show that they rented it out three out of the five years That they've had the permit. Thank you Sir, welcome. Thank you. My name is Fred Kohler. I'm in mr. McPherson's district I'd like to address a couple of things one is I support relaxing this ordinance to include Yurts and tents and vintage trailers and that kind of thing because I don't think that though extending the Permit process to these structures are going to impact Availability of permanent housing without a kitchen and ad use just a bedroom. It just doesn't have to be it isn't attached The other issue that I want to bring up to you and I may be late to the party on on this sort of thing but part of the the The regulations say it's that that the bedroom must be a legal bedroom So that's meaning that it has a permit You're probably aware there's lots of structures and Santa Cruz that don't have permits And I know that the planning department is working on modernizing The code process and part of that process would be to allow legal occupancy for non permitted structures with a health and safety inspection And so what I'd like to propose is that the Regulation for for the for permits would You know change that legal bedroom to something like a You know illegally Occupiable bedroom or something like that that would that would cover both permits and the liap Thing that's coming up the the limited immunity amnesty program And so later when that program becomes effective if the words say legal bedroom Then it wouldn't apply. So I'd really like to see that changed I'm sure county council would have an opinion on what kind of words would include both liap and a permitted structure Thank you. Thank you Good afternoon. Welcome. Good afternoon. It's calbroca. I live in borny dune Um, I mostly I live close to ucsc So I mostly rent at the beginning of the quarter to students who don't have lodging yet So they come to my place for a short period of time At the end of the quarter I went to students who are out of time far away, but they They have You know exams and and they come to my place to stay there close to campus And also went to parents coming for their graduation There is no parking problems In the countryside. I live in borny dune The impact on the neighborhood is very positive. I think that I'm doing something good for the community Um, I am thinking of Expanding and having A third bedroom right now. I have to But that means that I would be out of this regulation. So that's a problem for me And that's a problem for the students and the parents They I would like them to be able to come to see their kids graduate and have as many cars as they want There's plenty of space. So I think we need to make a difference between Location like borny dune and a coastal area more dense Then I want to react on the gregg's point about what brought us to this point Currently the system is a win-win because We are it's an easy system for us as owners and then we get the to t for the county now This proposal will lead to a reduction in the to t and so I would like to ask you the question of you Calculated how much money we're going to lose because we're going to shrink the tax base By by putting in place this proposal right now My belief is that we should try to broaden and expand the tax base and try to include as many people And it's a very easy system right now a bnb based to t now if we say oh, you cannot have a tree house Or an rv or something then it means that those people would be forced underground And then we will have a loss of revenue for the to t so I would like to know How much money are you ready to lose for this and in Why what brought us here? Why don't we make a win-win so thank you for your friend. Thank you Good afternoon. Welcome. Good afternoon, mr. Supervisors supervisor friend I'm hoping you'll give me slightly more than two minutes because I'm being two people I just got to keep it to I'm sorry to make sure that everybody gets a chance Well, let's restart the clock though. Make sure it's full too. Thank you First I'm pretending that I'm patty amorenti because she couldn't be here today and I said I would She's concerned about the planning commission recommendation that tenants not be allowed to renew their permits Tenants in california law have what's called full possessory rights Which means the same right to quiet enjoyment of their rental properties as owners She believes it's a violation of tenants rights to discriminate against tenants When they come up for renewal and she says Doesn't this make a complete mockery of the original reason for this ordinance? Which is to help maintain more affordable housing? Why then after a short period of time take away a tenants ability to make their rentals affordable by hosting? Now speaking for myself Nancy killie I think patty's point about making a mockery of the original purpose of this ordinance Which we were told was to help maintain affordable housing is such a good one Under this proposed ordinance fully two-thirds of the people currently using airbnb to supplement their income will lose their right to do so Why because? Their room over a detached garage or a slightly detached guest room neither of which has a kitchen And therefore could never become a long-term rental Are not bedrooms within their homes So many of these airbnb spaces are in rural areas where parcel size makes concerns about the number of cars And neighborhood impacts silly Why must these people be denied a way to make their property affordable? These alternative structures are still part of their home space They still monitor guests because the guests are at their house just not within their four walls Kent this intelligent and concerned board come up with a way of helping these people so that it also lets them continue to contribute The approximately one million dollars the county stands to lose in to t income Money which benefits the entire county if these units are forced to go away Hey, thank you. Thank you. Good job Good afternoon. Welcome. Hi, my name is Kathy kress and I've acted as the The Head of this group for The entire time we're not half the time I want to tell you thank you so much for all of you being so open to Communicating with us for meeting individually I think in many ways changing your opinions by listening to us And I think as many people said and I said in my letter. I was so grateful that I saw government Acting in the way that I want government to act and that you have open communication I think what we have here is Two things about the unaffordable the the draconian unaffordability of california One is obviously what you see here are a lot of seniors who don't have defined pensions again And a lot of young people who bought houses and can't afford to keep them And the second thing is is the coastal commission pointed out you have people who can afford to come To uh the shore as I used to call it new jersey Uh and not be in the top 10 percent. So thank you very much And I hope we can continue to have a dialogue with you. Thank you. Thank you Good afternoon. Welcome back Yeah, hi. I'm brian sanford of felton I think I'll be really brief because I think I heard something that addressed my concern. I Supervisor friend. I remember well last time when we put up your written Proposal how to modify the ordinance. There was a statement. I noticed about it only allowing one parking spot per Unit if I read it properly Maybe I didn't but if I to understand I just turned into partially a question I just want to make sure as someone listen on corporate area where I have parking for four plus cars on my property Uh, I think I heard someone say earlier today that the current ordinance reads that would be one parking space allotment per room Thank you. That's what I want to know. Thank you Good afternoon. Welcome Hi, hi. I'm Roger Powell. I live in felton and I'm a tenant and um, it sounds like I'll be phased out after five years Uh, so that's that's what that's my my main concern Um, I've been I've been paying my taxes. Um, I've been doing the air bb hosted for for about four years now And it sounds like with the new Thing I'll be phased out after five years I've been a family owned home. So I'm not gonna, you know, I'm never going to actually own it but I'll You know, that's my concern is being phased out. Thank you as a tenant. Thank you. Good afternoon. Welcome Hello, uh, I'm susan howe Zach friend Thank you for being our supervisor and all of you. Um I've spoken before the main reason that we're doing this my husband and myself Is financial for a short period of time. So after five years someone else can do can have my permit I have no intention of renting it out to anyone after that purpose Um, we could have 10 cars in our driveway when I do open studio. I can have 20 cars When you live out in the hills you have a lot of space for Alternate methods of inviting people to come enjoy our county and that's what we've been doing and we've been enjoying it Um, I would also just like to say at the end. I don't know why we even had to do this to begin with Um, supervisor cappett brought it up. Um, I think we've all gone through and proved to you I hope and to anyone I know that we Should be Unlimited in the number of people with a reasonable permit that can do air BNB Especially out in the hills in places that don't impact The coastal community directly. Thank you. Thank you Good afternoon and welcome Thank you. I'm susan simmeretti and I'd like to thank each and every one of you for allowing us to uh speak to this, um To this concern Um Thank you for grandfathering all of us in I really really appreciate that and one of my concern is the um certificate Uh Again, I agree with the gentleman not to have our address on there We're happy to have the number or whatever but not the address. We don't give our address out until actually the the um The guest has Agreed to stay in and has gone through air BNB. Thank you very much. Thank you Welcome back. Thank you. Good afternoon Brenda Chadwick. Um, I'd like to comment on the alternative Sites uh anything like a yurt or a trailer You know a lot of people don't want to come and stay in a sterile hotel in uh, santa Cruz Being able to be in the redwoods or near Uh flowing water to me that seems um, you know, I'd much rather do something like that Then stay at a hotel. So I'm I I definitely don't agree that That should be excluded if you're really just talking about the space of a room and there's no other facilities there for that um, I'd like to congratulate the board and the county for Having the heart to grandfather all of these people in Um, I myself am a senior. Um, I happen to use my home for a small cannabis cultivation No such consideration was given for us And um, you know, I I think the group here is is pretty lucky Uh, hopefully as time goes on, uh, there will be a new ordinance related to the legal Cannabis that's allowed here in the state and the county and my hope is that you look at it Uh And consider because we are such a small county geographically Let's look at ways that we can have smaller Cultivation sites Allow people to Use the investment that they've made in their home to supplement their income. I'm in the same place I have a very limited amount of, um money coming in and Growing a small amount of cannabis is what's kept me and my husband in our house for the past eight years So thank you very much. Thank you. Thank you Good afternoon. Welcome And thank you, uh for this opportunity to speak to you. I'm peter shubowski I've been a resident of uh, the first district since I moved here in 1976 And I've chosen to have relatively low paying jobs In my career Because I like to walk so I was paid as a male man in the lower ocean district And as a park ranger at pinnacles national now park But my income is relatively low because of that my pension my social security, but that's okay Uh, but I have had to supplement income by renting out humans in my home, which is just outside of the Lota Um But by doing so, uh my Uh, my with my wife and i5 children and six grandchildren They they had no place to stay with us because our rooms were rented out Uh airbnb came along in our lives three years ago and it's been a A blessing because now we can block out rooms anytime we want and kids and grandkids can come and stay with us And enjoy the beach not too far away So I I thank you for having made some shift in your attitude towards airbnb and Enable our family life to continue and we've contributed a lot in to the county's operation. Thank you. Thank you Good afternoon and welcome Hello, my name is ed borowick And I'd like to uh, thank you guys for uh for making the permit process reasonable Because otherwise it would blow us out of the water as you know, most mostly everybody here Is actually supporting their ability to live in Santa Cruz in the houses that we owned here for so many years The only thing that concerned me in this this this one is why limit the number of permits? You know, I mean do you want to do you have to get your hands in every single Control of everything, uh, you'll probably be self controlling airbnb is self controlling Because we comment on our guests and our guests comment on us and how our places are and how they look and stuff So thank you very much for being reasonable. Thank you Good afternoon. Welcome back. Hi. My name is Janice Rodriguez and i'm a realtor Here in Santa Cruz. I also am a vacation room to manager. I have relationships With both hosted non-hosted owners. I was reading The proposed ordinance and have two concerns one is combining the hosted non-hosted and designated areas There are two different types of rentals completely As you know and you've made Accommodations regarding them in other areas of the ordinance and I don't understand why it can't be the same Regarding the designated areas because the host is present In those so I think you'd really be limiting people who can Our need, you know to host on site And the other thing is not including rooms outside of the home Like above a garage. I I know someone who's a retired teacher and she would be devastated If she had to stop doing what she's doing because it's helping her income And it's just above the garage. Thank you. Thank you I'm sorry. You could only testify once once. I'm sorry Is there anybody else that would like to address this during this public hearing? Uh, seeing none, we'll close the public hearing and bring it back. Well, I'm sorry. Is there somebody come please? We're gonna not close the public hearing for keeping it open for this last speaker All right, my printer was on the blink and I'm struggling with my My laptop. My name is Sharon Himmels-Bach and um Hi supervisor friend. I'm in the Rio del Mar district of the coastal zone Um, I really appreciate your time today everybody And it's been a privilege and pretty exciting to be part of the democratic process that That you know, we've seen in this this whole um situation. So I I'm really grateful to be here. Um, I uh, I attended ucsc as a reentry student and I've lived here for 24 years I have really deep roots in the community. Um, I've done Over a thousand hours of volunteer work here with rehab and, um, recovery centers as well as teaching Meditation and pain management to other people with chronic illness and chronic pain like me And I have been permanently disabled since 2001. I used to make a good income in high tech, but um That went away when I was told I'd never work again And air bnb is allowing me to stay here um, so What I'm most concerned about is that um, I was a renter for about 20 of the 24 years that I've lived here It's almost a fluke and and a lot of hard work and savings that I have a home But it wouldn't take much for me to lose that home and become a renter again And if that happens probably the only way I could stay here would be to continue as a hosted renter Get a lease get three bedrooms And what would happen is I'd have one, you know sub letter permanent resident and one hosted rental room Um, I really want you to think Consider that in our society it's axiomatic the more money you have the more power you have and the more political voice You have and I think this is a chance for us to Reverse that and say that renters who generally have less money Deserve just as much Just as many rights as the homeowners. Thank you very much. Is there anybody else? I'd like to address this in the public hearing All right, then we are now going to close the public hearing and bring it back to the board Supervisor Coonerty Before I make a motion I'd like to just ask a question there was questions about camping near its RVs tree houses um Can you discuss that? um Using RVs as a first example, there are um Other rules in there you're not allowed to sleep or use our RV as an external bedroom in general terms So um, it would be yet more different to allow that as a the use as a hosted rental And in fact, we'd have to come up with some scheme to allow them in the first place in order for that and um Tree houses um Yearts other vehicles. Um, those are all things that right now don't get building permits as dwelling units And so we haven't gone through the process of building inspection and vetting and whatever notice There isn't a community to create excuse me to create a dwelling unit. So um Um those processes would would need to happen or we'd need to change many other parts of the code to make that Possible it wouldn't be just a change to the hosted rental ordinance and be a big departure Probably also the general plan and the general plan as well Okay The second question is to for county council about this question about If it's permitted bedrooms versus bedrooms that are somehow legalized So the ordinance doesn't use the term permitted. The ordinance uses the term legal Um, so I think you know, we would need to look at how that intersects with the liap program To determine whether a particular bedroom is legal. Um, but I think it's of note that it doesn't use the term permitted. Okay So in that case, uh, I'd like to move the staff recommendation With the additional directions and just for clarity so The staff recommendation does not include the planning commission's limits on rentals. So the renters would be able to participate in this And wouldn't have a sunset With the additional direction of the clarity giving you the opportunity to create the clarity around this caps around the cap issue And how that the two interact I am interested in having those Hosted rentals count towards the cap And i'm okay with people having two different permits, but I don't want to create the loophole That the supervisor leopold was talking about is the direction I want to go and then the additional direction of having Hosted rental and a permit number In a photo and in a text so it doesn't have to be a literal picture of somebody's permit It has to just say hosted rental With a permit number santa cruz county hosted rental permit number Um in the in both the description of the of the site and in the photo So we have a motion with some additional direction I'll second the motion. Is there additional discussion on this item? Yeah, I'm I'm sorry supervisor first. Yeah. I'm just I'm concerned about the cap I just think there as I stated in the earlier discussion that we had uh a month ago Uh, I think there's some hosted rentals from the bit taken place without paying the tot and That's too bad. And so I don't want to You know let them go so to speak but on the other hand, I think a reality check Is that there's going to be many more than 250? And I know we're going to go up and then come down to that number possibly but I I'm really bothered that We're there's going to be a lot of people that have been doing hosted rentals Uh, that should have been paving taxes maybe and didn't but I'd like to see them Uh, I know that this is a new ball game and that if you want to have a hosted rental, you're going to have to start paying the tot and So that's why I would like to Allow this to expand To anybody who has been doing this and even if they had not been paying that tot To be allowed that opportunity to get into the game at this point Um It's not usually the way I like to do things, but I think the reality of it is this is going to have a tremendous impact on a lot of people in this county that would Pay the tot if they were allowed the opportunity and I think it's going to be a lot more than the The 250 that we're going to get to in the long run So I I'm going to have a problem with the motion probably miss mccray. Did you want to add something to this? Thank you Our agreement with air b&b currently Has air b&b as the tot certificate holder not the individual property owners Therefore air b&b pays based on geography So whether or not anybody who is running a hosted rental Has a certificate for tot it doesn't matter because we are getting Based on the the map that air b&b has that we audit twice a year. We are collecting the tot From current hosted rentals ever since our agreement with air b&b went into effect I It's a different answer for any other platform But for air b&b we are getting that money And if I could just add another an additional clarification the ordinance as it's currently written would allow anyone who had been Conducting hosted rental activity without Advertising on air b&b and therefore playing paying tot and without paying tot on their own It would allow them to retroactively make tot payments If they can show if they have other means of proving activity rental activity and we would then allow them to register as an existing This is what would happen when we when we first had our vacation rental ordinance. So we said if you can show activity Um, we're we're gonna believe you right come in and pay your taxes and then yeah And we did ask them to come that when they came in and said well, I don't have way then we I think Then uh, treasurer tax collectors said make an estimate of what you think you should be in the tot and um, and and that was so it's pretty Inclusive I would say It made it available for lots of people And I don't and I didn't hear any stories of people who were Felt like they had been a vacation rental and then weren't able to be grandfathered in everybody was Uh, well supervisor leopold then supervisor cap it Yeah, so I have a couple uh different thoughts One is uh, I I do think That we should people should choose to be either a hosted rental or vacation rental. Um, and that that, um That after some period of time, we might want to take a look at that but but uh, This idea that people could have two and then how does that count towards the perm, you know, if How does that count towards the cat? It's just It it it does get it does Enter a level of complication so people should choose One or the other in is my sense um, and I'm comfortable With uh, the grandfathering in as I just explained. I think that this is a This is a big door to walk in and people should be able to to make their case And at least past experience with the planning department has shown me that the planning department is willing to accept many different ways in which People can make that case and and and so it's not just limited to show me a tax receipt or Or something else. Uh, so I feel comfortable with that I I would say as a as an as a cautionary note on the questions of Parking numbers and things like that that will be really be As we see over time whether we need to to tighten that in somewhere or another I'm comfortable leaving in the language of the way it is But but that'd be one of the things that I'll be I'll be looking for it in future as we look at this in the future um, I do There are two parts of this ordinance that uh, I haven't really been able to define as as Um, I don't understand the policy goal necessarily of which is The requirement that hosted rentals have to renew every five years um, because I don't understand the distinction between that and a vacation rental if you're if you're in bonny dune And you uh, and you have a vacation rental home You have a you you've applied for your vacation rental permit and it's it's an entitlement with your land forever um, and if you live in the live oak designated area Then you have a five-year limit because we have these caps and we want to make sure that there's turnover So that That makes sense to me. I understand that but to have all hosted rentals have a five-year That part doesn't make sense to me. I I could see in and again in the designated areas Um, and I'd be curious to hear from my colleagues if there's if there's something I'm missing there um, the other part Uh Is the arbitrariness of the 250 uh number. I don't know how many Hosted rentals there are we've heard lots of different numbers um, and the past experience uh with vacation rentals is We kind of had an idea but it was a little bit more than we thought When the when the time came in and so it wouldn't surprise me that that more more than 175 show up And at least as I understand this is that if 500 Permit requests came in in those first 90 days We would honor every single one of them and it would only be after that 90 day period that of that that window That uh, that we'd be facing the limits Um, but I just I don't again. I'm not sure what the policy goal is of the 250 And so I just I just question why whether we need it And I'd be curious from my uh, my colleagues or anyone about those two pieces Why the five year for everybody and why the the 250 because because it's just that's that's the that's the part that is The hardest to understand in this Well, I'm supportive as the motion as it is only just the five year even in the previous staff report was really an opportunity for check-in One of the questions that you had raised Was in regards to renewal and whether if people had issues what would be that process and a check-in and five years provided that check-in Five years in discussions with the hosts They didn't want a one year which was their original recommendation They wanted it spread out and they wanted it to be inexpensive So we met those two policy requests from the community on that. I think a five-year check-in is not an unreasonable thing um, if you I mean one of the discussions we can have moving forward is whether the vacation rental ordinance under its current construct is meeting all of our Goals or whether a certain element should be broadened out beyond just the designated zones Including on the check-in as I mentioned at the last Meeting in regards to the cap You know, we do have a pretty decent or best possible estimate not just through air bnb, but through The site that does the aggregation to try and determine other platforms as well Not to mention our work with the auditor controller tax collector determine how many tot Permits that there were Which is we believed That this allowed for some growth if it exceeds it I think that one of the the realities of this board in general is that we've In different elements in the last couple years. We've tried to Create a regulatory framework determine whether it's Too restrictive and if it is then we're we've always been willing to come back and take another look at it As the planning commission by the way seems to be looking exactly to do Once it meets a certain component. I think that the best way to check in on this Including some of the concerns you have around the parking element would be to just have You know report back or a check-in at a designated time And if the board at that time feels that there have been no issues associated with the number of permits that we've issued In fact to the point where we feel that this is should be expanded. I think that's a proper time to do it I don't think On the front end it makes sense to just have no backstop at all And that's why we're just trying to be as reasonable as possible And I and I appreciated some of the comments that were made today that acknowledge that the board has come a really long way In a year from the original Design heard what the community said to meet these needs and I think that that's the the ordinance we have does that And if we need to come back and check in I'm completely open to doing that in a set time Yeah, mr. Chair. I I think I can see where this is going, but so if we have this 90 day window so to speak Certainly, I'd like to have a Response and then we can react to that when when it comes to us but for When would when would be the right time for 90 days we're going to get into May or something and we're getting into some tight budget discussions happening We have to go through the coastal commission as well. So I mean, so we got you would probably be in the fall realistically that we would be When the 90 day window would be closing Um It would probably my my best guess on based on Optimistic timelines would be late summer Probably more realistic timeline is fall to next winter When the 90 day coastal commission makes changes and it has to come back and we have to vote on Then we have to do a secondary, you know, right and we know we've already heard their agenda for marches like pretty packed So we're not going to be on the march agenda. So we're already looking at april optimistically. So yeah, just It takes time But I think it's it's it's deep I mean if the point is that we should have a check and that's a completely reasonable thing when you're creating a new regulatory framework that the board take a look to make sure that it's meeting the needs and if it's Leads to be adjusted. It can be adjusted, but I think that I think this framework Overwhelmingly meets the needs and the requests of of those that have come forward to participate in the process and and it's been That's why so i'm comfortable with that. I'm not comfortable with modifying I'm not interested in modifying anymore We made modifications at the last including the input that you would request it on the bedrooms and a few other things That I wasn't actually comfortable with the front side. I think that that this we've come to a In essence a compromise that I think will work and as long as we make a commitment to take another look at it That's where I am Yeah, I just think that if we if we Whenever that 90 day window close and come back in 30 and 60 days after that window close and find out what the numbers are and And everything then we can make it. It's like, oh, there's There's 150. Well, then 250 if you want to still have a cap then 250 seems reasonable, but if 450 came in then we would say well Let's let's reconfigure. So I just think that's a better time to think about what a cap is because By its very nature. It's it's arbitrary Right. I mean, there's there's nothing magic about 250. It could be 215 it could be 390, you know, it's there's in that respect And my in my overall sense is i'm just trying to I'm trying to treat people as fairly as possible and when I when I think about the hosted rental owners and the vacation rental owners Um I I can make a very sound argument that the home vacation home owners have a much greater impact on our community And our housing stock and its impact on the community than the hosted rentals But we are seem to be we seem to have just a higher level of regulation On the hosted rentals and that's that that's the part that that it seems like we should try to find some way to be To treat everybody evenly it's well then using that argument Then we shouldn't include the hosted rentals within the seda lota and Davenport because if they don't have any impacts, they shouldn't be counted I don't because that's treat that's treating them the same way As the vacation rentals within those areas, which was a motion that you would actually amendment to the motion You would put forward well The reason why I think it's important to include in the caps in the designated areas Is because When we created the designated areas what we were trying to do is prevent Neighborhoods to becoming completely commercial It's sort of a backdoor way Um to turn residential neighborhoods into commercial outfits. That's what's not we wanted to keep the residential nature of our neighborhoods and It and if you have the you know three or four vacation rentals and three or four Hosted rentals you have a lot of people who don't do no longer live in the community Um, and we might be losing some of that residential character So it makes sense to me To to include them towards that cap because there's a carrying capacity for a neighborhood Especially those coastal neighborhoods, which I'd like to respect to keep it for people who live here and And so keeping it as part of that makes makes sense to me And and counting it towards it, but but then treating them differently because they're gonna they I just you know that that's that's the part that just sort of I'm having a hard time with So and I think we're we're getting there. We've had a lot of discussion around this I would say from my perspective The vacation rental ordinance was written at a time when we weren't in a housing crisis that we were And there is no way that we would have passed as permissive of vacation rental ordinance today If it were in front of us and so to the extent that you'd want people the People should be treated equally. I think we should be looking at our vacation rental ordinances because they're having dramatic impacts I agree they have much dramatic impacts and You know reducing the the numbers and the scope of that Um, and I think this has been worked out pretty fairly I'll say I got to the 250 because that's the the platforms say there are about 200 And so we wanted to create room for existing plus more if we get a thousand we've created room for a thousand In this self-reported survey About 20 percent of people said that And that's recognized in the majority people would not rent out to renters But some people said they would rent out to renters and we had a gentleman The post postman who said he was running out and now he doesn't Um, if it's 20 of 250 That's losing, you know, whatever About 50 units of house of rental housing if it's 20 of a thousand That's 250 units of rental housing, which is far more rental housing than we've ever constructed Uh in a given year. So I think Um, the magnet from for me this this 250 is a good benchmark Based on what we know from the platforms and again, we can change it Uh, we can get everyone in the system a big door as you said and then change it But I'm not I I think I'm going to have big problems if we're talking about taking You know potentially 100 or 200 units off the market Uh, that that otherwise could be could be rented Supervisor cap, did you say you wanted to add something to this and then I think we're prepared to vote Please Thank you. All right, so we have a motion. I apologize for not having the uh, So we have a motion and a second all those in favor I opposed No So it passes three to two That's the last item on today's agenda Uh, I would like to thank community tv and the sentinel for being here today Our next regular scheduled board meeting is february 6th in the chambers here To the community health centers co-applicant commission is an at-large patient representative for a term to expire december 16th 2018 the nomination accepted on january 9th. Is there anybody from the community that'd like to address us on This appointment final appointment see none. We'll take a move approval Second we have a motion from supervisor leopold second from supervisor cap it all those in favor I opposed it passes unanimously now the final item on the agenda 52.2 is to consider the final appointment of will Force the hazardous materials advisory commission is an at-large labor representative for term to expire april 1st 2021 The nomination accepted on january 9th Seeing no one from the community on this item. Is there a motion to approve second I have a motion from supervisor cap it and the second from supervisor leopold all those in favor I opposed it passes unanimously now. We actually are adjourned until february 6th. I apologize about that