Board of Supervisors — 2018-11-06

I'll call this meeting to order. Roll call, please.

Mr. Lavinino? Here. Ms. Wolfe? Here. Ms Hartman? Here. Mr Adam? Here Mr Williams?

Thank you.

A42.

Chair Williams and members of the board, our next resolution is sponsored by Supervisor Hartman and it is to adopt a resolution proclaiming the week of November 11th 2018 through November 17th 2018 as Nurse Practitioners Week in Santa Barbara County. And if I can have Suzette Shafee to the podium please? I'll go ahead and read the resolution. Whereas nurse practitioners are advanced practice registered nurses who advance clinical education and training building upon their initial registered nurse preparation, and there are more than 248,000 licensed nurse practitioners in the United States And approximately 22,000 in California providing primary acute and specialty care to patients of all ages and walks of life. And whereas nurse practitioners diagnose, treat, and prescribe medications and other treatments to patients through a caring patient-centered holistic model of care.

And whereas better utilization of nurse practitioners through modernized state laws and improved system policies creates better health through more accessible efficient cost effective and higher quality healthcare system. And whereas 22 states and the District of Columbia have implemented full practice authority for nurse practitioners, granting patients full and direct access to the outstanding care offered by these healthcare providers. And whereas Santa Barbara County is proud to recognize and honor the service of nurse practitioners to our county. Now therefore be it hereby ordered and resolved that this Board of Supervisors hereby declare November 11th through 17, 2018 as Nurse Practitioner Week in Santa Barbara County in recognition of the countless contributions that nurse practitioners have made over the past half century and will continue to make to the health and well-being of citizens in our state.

Passed and adopted today.

Wow, thank you. I'm Suzette Chafee, I'm a nurse practitioner and I'm Vice President of Corporate Affairs for the California Association of Nurse Practitioners Santa Barbara County Chapter. And as you heard, nurse practitioners have provided over 50 years of healthcare across the spectrum of humanity. We're especially thrilled that Charlotte, I just saw you come in. Would you join us please?

This is an unexpected pleasure. We are celebrating the second anniversary of the formation of the Santa Barbara County Chapter of Nurse Practitioners. We started a few years ago under the ages of the Channel Islands chapter, of whom Charlotte was our representative at that time. And that's why I asked you to step forward to celebrate with us this resolution.

I'd like to recognize you Charlotte for the great beginning you helped to give us. And I'd like to introduce my colleague, Vicki Diaz, nurse practitioner who is the powerhouse behind our membership. Vicki Diaz our membership chair. Thank you all very much.

We have an awful lot of items being pulled, so we're having A7, A9, A16, A21 and A24. So can I get a motion on the balance of the A agenda in case there's any items we haven't pulled that someone is sitting around waiting for?

So moved Mr. Chair. Second.

All those in favor please say aye. Aye. Opposed? A7. Pulled by the public.

Chair Williams and members of the Board, Administrative Item Number 7 is from Behavioral Wellness. It is to consider recommendations regarding acceptance of a $50,000 cash donation from Gordon Trust.

Good morning Chair Williams and members of the board. I'm Alice Glykorn. I'm the Director of Behavioral Wellness and I'm joined here this morning by Celeste Anderson who is on the executive team with behavioral wellness, and by Tracy Jackson who is the representative of The Gordon Trust which has made a generous contribution to behavioral wellness of $50,000 to be used to benefit direct client services locally so we wanted to just recognize The Gordon Trust And on behalf of the board I just want to appreciate the generosity in helping make this happen.

A9.

Chair Williams and members of the board, Administrative Item Number 9 is from Community Services. It is to consider recommendations regarding a proposed adjustment to the park's fee schedule for a fee reduction for veterans' annual pass at county parks. And we have a public speaker on this item and that is Chris Benton. Chris?

Good morning. My name is Chris Benton, a lifelong resident of Santa Barbara and disabled Vietnam combat veteran. Pardon me I'm a little nervous but anyway I just want to thank you for considering this item it will impact a lot of veterans that I'm involved with the Wounded Warriors Program and the Anglers Anonymous that take veterans out fishing and this will definitely help move things along so thank you very much Ms. Hartman?

Thank you, and I'm very delighted that the Community Service Department did go forward and reduce the fees for county parks similar to the way it's done for state parks. It's especially appropriate that it comes today after Supervisor Lavinino's very successful stand down that I'm sure he'll tell us more about And also the Lompoc Valley Fallen Warrior Memorial dedication that occurred on Saturday. So this is a way that the county can acknowledge the service of our veterans in some gesture and so I'm very pleased that it happened today, thank you.

Can I get a motion on this and A7? I'll move this item.

Second.

All those in favor please say aye. Aye. Opposed? And I don't believe we did a motion on A7. Can I get a motion on A7?

So moved. Second.

All those in favor please say

aye.

Aye. And though we did do a motion that included A-15 I did have a request for just a presentation on A- 15 so if the staffer that can mention that be available?

Mr. Chair, thank you. I failed to ask that this be pulled initially but and I know we've already voted on it but I think that this is an important item usually we hear this item on a D agenda. You have to read it into the record but I did think it was important to highlight really good news that we haven't heard in a very long time particularly as it relates to behavioral wellness and the Sheriff's Department I will let Mr. Frappell go into more detail but Madam Clerk if you will read this into the record.

Chair Williams and members of the board, administrative item number 15 is from the county executive office and the auditor controller. It is to receive in file per the provisions of government code section 29126.2, the fiscal year 2018 through 2019 first quarter budget and financial status report as of September 30th, 2018 showing the status of appropriations and financing for all departmental budgets adopted by the Board of Supervisors.

Thank you Mr. Chair I'm happy to make a presentation on the Q1 fiscal status report. The bottom line is that the budget is performing and departments are managing within the appropriations and budget limitations established by your board in the adoption of the budget. There is a PowerPoint presentation that was attached or hopefully we'll try to get it up on the screen But in short, you'll recall that we look at both the general fund and the special operating funds and look for variances of either positive or negative in each department, in each fund.

And so we have thresholds for reportable, what we refer to as reportable items. And within the general fund those are departments that there are two reportable variances for the general fund departments. One is within our special revenues and other funds that are largely our discretionary revenues that drive funding for each of the county departments, the general fund departments. That is positive $1.7 million dollars. That's good news. Our discretionary revenues are performing Exceeding our estimated in adoption budget. So we're optimistic about that Well, obviously the Cuban report is very preliminary first quarter of the year And so we don't jump ahead and say we're definitely going to be in the positive but we do believe that we're trending In a positive way Oh

Supervisors, I just want to ask the board if you wanted a full presentation. To let us know we have the full presentation. I think the bottom line and so it's at your boards discretion whether you'd like us to go through it or not. We put it on the A agenda item because it is good news and I think as Supervisor Wolf noted what you're seeing in this report and if you can get to the green yellow light slide just quickly For the first time in a long time, you see that there's only a few yellow.

And so our projection for what we do is we project out to the end of the fiscal year. You see the sheriff is not in the red. So that's very positive news. In fact, the sheriff projects a positive variance at the end of the first quarter. Salaries and benefits will continue to be monitored throughout the year. But just in contrast, this time in 17-18, the sheriff had already projected a $1.3 million deficit in the first quarter.

And in 16-17, their projection was already negative. So this is positive related to less usage of overtime than in prior years. So that's very positive news as well as behavioral wellness Not showing a negative variance at this point. So we just wanted to point that out. Mr.

Chair, I think it's fine that what was just presented was enough. I don't think we need to go through unless the board wants to. I just wanted to pull it to acknowledge where we are right now and some of the benefits and positive variances I don't think we need to move through the whole PowerPoint but thank you Mr. Frapwell and thank you Ms. Miyasato.

Can I get a, oh we did this one so we'll look at A16.

Chair Williams and members of the board administrative item number 16 is from general services it is to consider recommendations regarding the Cali Real campus master plan and it's in the second district.

And this is a request from John Harper

I just noticed that there is a discussion about creating a more open space work environment for the county offices. I think there's quite a debate going back and forth. Traditional office space, then open office space. Now there was a backlash to the open and now people are trying to do a mix of things so I just wondered how we're approaching this? How we're designing workspace? What kind of consultants we use for that and whether we'll hear more about that in the future.

Good morning, Supervisor Hartman through the chair. We're going out with an RFP and selecting the appropriate consultant to help us. We're gonna look for people that have used the more modern technologies. We'll be looking at energy efficiencies. We want to make sure our campuses take into account the newer technologies and see what works for different offices.

Am I correct we're designing for the land, new structures on the land as well as the buildings? Correct. Okay.

Yes.

So one planner does it all

or one consultant? One firm yes will look at the entire campus. Okay. And taking into account what our stakeholders want and so they will in a public commenting period as well

And this is for the whole 300 acres?

Yes, it's for the upper Cali Real, middle and lower all the way to Hollister. So up past Cathedral Oaks all the way to Hollister. Thank you. You're welcome.

Supervisor Wolff.

Thank you Mr. Chair. Ms. Powell, you can probably stay up there. We had talked about this earlier. And I just want to make sure that this is on the record, because the Eastern Goleta Valley Community Plan specifically calls out the Cayo Real campus. Because it is in the second district and really in the heart of the unincorporated area. So there's a specific policy SF-EGV-3A which I know you have.

But I want to ensure that this policy is provided to whoever receives or is awarded the contract because there are specific actions within the Goleta community plan for the campus, specifically as you noted public and community outreach. The campus is surrounded by homes And we need to ensure that the residents are also aware of what is going on and being proposed in the campus. So again, that is part of the community plan.

It does talk about community centers, solar parking lots etc., and I think a lot of that you've incorporated already but the fact that this policy exists is really important and I think you have acknowledged that will be incorporated correct? It will actually

be part of the RFP. It will be in an exhibit. Great, thank you so much. You're welcome.

Supervisor Adam? Yep, stay. We were talking about it yesterday in preparation for this meeting and it just occurred to my office that maybe it would be better to look at the entire county, the entire workforce the entire rather than just take one campus and focus on that campus, maybe we need to step back and kind of take a look at how people do work or how we expect people to do work in the future.

And how we can best provide access to the government and to the people of the county and stuff. And maybe take a look at where all of our assets are located at this point, kind of do a global Overview And so, you know, you have a really expensive piece of real estate here that's potentially being less than optimally utilized and we could shift that into something else that might be more centrally located or, you know, something like that. And then if you're gonna do that, then that affects how the Calle Real campus backs into this one.

And so if you wanted to take a larger view of it rather than just that one, and I get whatever you build, you're gonna build the highest quality most efficient construction you can use. But it may affect it if you were at some point to move out of this building and build a new facility elsewhere and convert this into something else, some other use what would it be?

And what would it be worth, and how would work get affected at the Coyote Rail campus because we're moving someplace else with this one? And then how would that affect back into all of the other campuses like Foster Road, Lompoc stuff and whatever. I had that thought and I wanted to just say it. We're stepping up orders of magnitude in dollars that you're gonna spend to look at that, but it's nice to look at a campus, but if it doesn't really do the job then maybe that's money ill spent anyway so anyway.

Well, I think our approach was going to be more or less phased so that we would start at that campus and then look at Better Avia and other major campuses to see those need to be planned as well. But yeah, doing an entire county-wide master planning would be a huge undertaking. So I think we just wanted to get started because without a plan things tend to keep happening and not necessarily to benefit the county so we want to be more thoughtful in where we build and kind of look at it more holistic than Can I

get a motion on A-16?

So moved. Second.

All those in favor please say aye. Aye. Opposed?

Chair Williams and members of the board, administrative item number 21 is from probation. It is to consider recommendations regarding fiscal year 2018 through 2019 public safety realignment act plan modification

Thank you, Mr. Chair. I just pulled this item because it really is some good news and it actually follows up on board direction on allocating some money from our CCP into housing and the CCP both boards approved over $2 million as noted in the board letter to move towards supportive I also just wanted to compliment our representatives from HCD who have worked so cooperatively with probation to get this item moving. Kim Sheen is there and Kim thank you so much for all of your work.

Anyway, this is a great partnership between departments and there is definitely the funding available in CCP so it's being put Thank you Mr. Chair I will move this item if there are no other comments.

Chair Williams and members of the board, administrative item number 24 is from public health. It is to consider recommendations regarding the acceptance of a Public Health Institute grant agreement. And we are going to go to Santa Maria for Claire Weinman. And Claire, we can't hear you yet.

Can you hear me now?

We sure can.

Perfect, good morning my name is Claire Weinman I'm the president of the Grower Shipper Association of Santa Barbara and San Luis Obispo counties We have been responsive to environmental health and concerned members of the public on this issue. And we would be happy to continue to engage in dialogue. We've provided information about the extensive regulatory requirements enforced by Cal OSHA, among others not to mention the additional inspections conducted to comply with the leafy greens marketing agreement and other individual fire inspection programs.

We would like to express some concern with the prime grant agreements, provisions and reporting requirements between the Public Health Institute and the California Endowment. And the extent to which this would also apply to the subcontract. More specifically we are concerned that the purpose expected outcomes terms and conditions of the prime grant agreement could unfairly predispose the survey design and execution.

Specific language of concern from the package before you today includes the following PHI shall have the right to obtain, reproduce, disclose or otherwise use the data first produced by the sub-recipient. This raises concern about confidentiality and privacy of information and the extent to which this might influence participation. The statement of objectives, Exhibit A, refers to the base building organization. We are unclear what that means. We are also uncertain what is meant by power-building strategies and whether there is substantiated need.

The language for the outcome in Exhibit A makes it seem like it's a foregone conclusion. There is a subtle but important difference between conducting a needs assessment and targeting specific aspects of a single industry. We are concerned that the grant agreement between the California Endowment and the Public Health Institute includes some very specific expected outcomes in terms and conditions that could bias the outcome of the survey and next steps.

These include very restrictive communication expectations, and more specifically increased encouragement and adoption of regulatory guidelines and policies. The concern would be if these would unduly influence the survey process and outcome. Thank you for your consideration of these concerns.

Can I get a motion on A24? Supervisor Hartley.

I just wonder if we could have Dr. Del Reynoso respond to some of those points, especially about confidentiality and needs assessment.

Good morning Supervisor, through the Chair. So when we developed the grant we consciously decided that we would not use information that would reveal personal information of the ag workers as well as the specific producer and so The intent of this grant is to bring everyone to the table, and we collaboratively work on a survey instrument guided by researchers that we feel comfortable with. So I'm very confident that the concerns of the industry as well as the ag workers will be heard. And that we will design an instrument that is valid and that will answer the questions that we'd like to answer.

And with regards to the content of the agreement between the endowment and PHI, that speaks to a larger grant that the endowment gave PHI. I want to say that it's about a $600,000 grant and this project is a very tiny sub-grant of that larger grant.

I

just wanted to clarify then that the growers, shippers and others will be involved in actually designing and signing off on the

instrument? Absolutely. We're walking into this project with no preconceived notions we're going to design the survey together and the data collection will be done by the researchers not the public health department nor any members of the collaborative thank you

Supervisor let me know. Thank you Mr. Chair so the collection of the information is that going to be done at public meetings or trying to do that at the work site?

So we were, so the big question has been what is the state or how are field sanitation basically porta potties how clean are they and how safe are they and how accessible are they So we've looked at some data that were collected by cause. We've looked at some data that were produced by the ag producers, and so there's differences of opinion about the true state of affairs. So this collaborative is hoping that we can engage the researchers to come on to the premise and do a data collection using the survey that we all agree upon.

Does Cal OSHA have that data already?

No. So, Cal OSHA from different key informant conversations we don't have that data and the Ag Commissioner shared with us some of the data they have but it pertains to another statute so the actual state of the toilet itself we don'

We always have real glamorous work for you in public health. Supervisor Wolf?

Thank you Mr. Chair. Ms. Van Der Rynosa, I just want to compliment you and your department for bringing this forward. This has been an issue that's been going on for a few years and we've had some anecdotal reports and I think this is an opportunity for us to get some science behind those that the next step if there are issues, that we take care of whatever issues are out there. I'm really glad our Ed Commissioner is working with you on this. I know she's been engaged and I don't think there's anything...you know your department is public health and the public health of those people who are working in the fields that have sanitary needs this is not across the board for all ag producers but there may be some that need to improve their standards.

And so I definitely think this is something that is part of your, is an important piece of your department and the fact that you have grant funding to support it and to utilize UCSB researchers is really

Supervisor Hartman.

And I just wanted to add one thing to Supervisor Wolf's list of things, and that is the collaboration and getting the various parties to work together. I think that's really a stellar accomplishment and I'm delighted that that's going to go forward. Thank you.

And I just want to appreciate both the engagement of public health and Joan Hartman. This goes back to a request that predates our time on the board about field sanitation, the first meetings where you know I attended one of them were pretty Acrimonious between folks trying to represent the interests of the field workers and growers. We feel like this is a balanced way to move forward that concentrates on getting real, as unbiased information as we can get.

And I think that's the best way forward and definitely, I've noticed the divisiveness over the issue at least is far less than it was because we're trying to concentrate on getting good information before we have a big fight. And hopefully it might provide us a path to not have a big fight. So I appreciate your department's engagement and using all the minds that you have at your disposal to provide a good path forward.

Can I get a motion on A24? So

moved. Second.

All those in favor please say aye. Aye. Opposed? We'll take our first departmental item. Public comment for items not on the agenda.

Chair Williams and members of the board, we have two requests to speak on general public comment today. We are going to begin with Greg Gorga to be followed by Ed Kolaski.

Good morning Mr. Chair, Supervisors. I am here as the Executive Director of the Santa Barbara Maritime Museum to thank you for your support of our exhibit The History of Oil and the Santa Barbara Channel. I have some handouts for you too for you to look at. Your funding through the Coastal Resource Enhancement Fund allowed us to create the largest exhibit the Santa Barbara Maritime Museum has created in its 18 plus years of history, spread out through six different areas of the museum. We opened on September 20th with over 250 attendees at our opening including Supervisor Wolf and a representative from Supervisor Hartman's office. And since then, I've had the pleasure of touring the exhibit with Supervisor Hartman and with State Senator Hanbeth Jackson and all of her staff both locally and from Sacramento.

We've had wonderful reviews of the exhibit in the Santa Barbara Independent, Santa Barbara Voice, and the Montecito Journal. And I am besides here to thank you, I want to invite the rest of the supervisors to come see the exhibit. I'd be happy to give you a tour of that as well and if you get there before March, you'll get to see our newest exhibit which is photography by Ralph Clevenger from his cage diving trips titled Face-To-Face with The Great Whites so thank you again for your support and thank you for your time today

Supervisor Hartman.

And I just want to thank you for my personalized tour and I was just astonished and amazed at the breadth and depth of your knowledge, so thank you for sharing it with such enthusiasm.

Thank you appreciate it thanks.

Chair Williams and members of the board our final speaker on public comment is Ed Kolaski

I'm a little overcome today with thoughts. This is our second story, which the Board of Architectural Review said is solely over the garage. Clearly it's not solely over the garage. It's over the garage kitchen and dining room but we can't remodel our house because they said it's solely over the garage. Kind of overwhelmed but The Janet Wolf is going to be retiring.

We wanted to add 700 square feet to our project roughly, 400 for a garage and 300 for living space. And the only real remark we got from our supervisor was that why do you want to add that much space to those small houses? That's too much. And that's how it's been for the last five years, not been able to do anything. There are people that before me for about 12 years have complained about trying to remodel their house in the second district and most of them just say it's just not worth it. It's just too hard to do.

For me, I've had so many things happen. I should really just summarize that instead of what I had here prepared but there are some things like you know when Hitler was elected Chancellor the first thing he did was to remove civil rights people had no civil rights and that's basically the same thing downstairs you have no civil rights you can't make remarks You get minutes of the meeting changed. It's just one thing after another thing after another thing, whether a guard is sent after you because you're sitting in the audience to be kicked out of the room. It like hail to our dictator.

In the second district, you'll be gone. Thank God. We should all rejoice. I

don't appreciate the personal innuendo so if you could please ask the speaker to not do that? I think we had talked to county council

about that. We're not going to take away your time Mr. Golaski but I think we will. There is some guidelines to this public comment and I would ask County Council to reiterate those guidelines.

Chair and supervisors, the government code provides everyone with an opportunity for public comment concerning matters within the subject matter jurisdiction of the legislative body. The board may adopt reasonable regulations concerning that. It may not prohibit public criticisms of the legislative body but our board does have a policy about essentially politeness in its procedural rules Offensive words in a public place may be regulated and that is the case law in this area. So, you know, in this case Mr. Kalaski certainly has the opportunity to provide public comment concerning the policies procedures and programs of the county but the board could certainly ask him to do so in a polite way

Maybe I'll get more clarification later too from you because I'm not exactly sure what she was specifically objecting to. I've objected to the fact that the place is not run like a democracy, they have no civil rights and that's just unheard of. I don't understand that. One guy told me right at the beginning five years ago that Ed, You and I will both be dead before you get approval of that because they had such a reputation here in the second district. And you know, I have to deal with the chairman down in the Board of Architectural Review and what do you do when they order you out of the meeting? You pay for the meeting. You're supposed to show your drawings. Why can't you show your drawings? Why can't you speak? Why are we ordered out?