Board of Supervisors — 2019-12-17

Thank you. You.

Ready to rock and roll? Ms. Das? Okay. All right, good morning everybody. We'd like to call this meeting for December 17th of the Santa Barbara County Board of Supervisors to order. Madam Clerk can I get a roll call please?

Miss Hartman? Here. Mr. Adam? Mr. Williams?

Here.

Mr. Hart?

Here.

Mr. Lavinino?

I'm here.

Let the record reflect that Supervisor Adam is absent.

All right, very good. Can I get a motion to approve the meeting of the minutes of the December 10th meeting?

So moved. Seconded.

Moved and seconded. Roll call please.

Ms Hartman?

Aye.

Mr Williams? Aye. Mr Williams?

Aye

Mr Hart? Aye Chair Lavenino?

Aye

Motion passes unanimous.

Very good. CEO Miyasato do we have a CEOs report today?

We do, good morning Chair Lavinino and board members. Today I just wanted to recognize the Public Health Department for receiving an honorary award from the California Endowment last week. The Excellence in Health Equity Practice Award Program recognizes public health departments doing work beyond the traditional scope of public health programs. In advancing health equity through building internal infrastructure working across government fostering community partnerships and champion transformative Changes. The honor includes a $5,000 award to the department and I've asked Dr. Del Reynoso to come and say a few words about the award and their accomplishment.

Thank you good morning chair members of the board and CEO we received this amazingly beautiful recognition last week from the California endowment from our peers because of the work that we are doing in our community Ensured that farm workers have safe and consistent access to clean bathrooms. And so, we were recognized because of the innovation in how we approach the work. So Supervisor Williams urged us to look into some concerns about farm workers not having access. So we partnered up with CAUSE and we also engage the Ag Commissioner, growers, labor unions, farm workers, community advocacy groups. And as well as UC Merced to really look at it from a very objective perspective collecting data as well as hearing about lived experience. And so we've met, the work group has been meeting all year round.

And we have a few more meetings to go and then we're hoping to bring back to your board four recommendations for your board to pick and choose and have an open conversation. So thank you.

Great, thank you very much. And I also want to recognize Supervisor Hartman for your work on this issue and Supervisor Wolfe as well. I think it goes all the way back that long so- Yes. Supervisor Hartman?

Well, it does. The previous supervisors in this very room had a big forum for farm workers to talk about health issues across different agencies but I just want to thank you Dr. Vonda De Reynoso because this was your vision and your leadership to bring these groups together in this way and I believe government has A role not just to command and control, but to facilitate and bring partners together in new ways. And that cause stepped forward in that you worked with that organization as well as growers and chippers and other in the ag community.

This is how you begin to build understanding and trust. And you've been just a champion and I'm really, really delighted that you've been acknowledged more broadly for this role.

Thank you. You know one of the things that the interviewers asked us what makes this possible? And I did say it was with the support of the board so you were recognized as well by the endowment. So thank you for your support.

Thank you very much. Congratulations. Okay, Madam Clerk are there any changes to the agenda today?

Yes, Chair Lavinino and members of the board I just have one quick announcement for today's agenda. And we are requesting to withdraw administrative item number 1. This is a resolution sponsored by Supervisor Lavinino to adopt a resolution of accommodation honoring David DeNoyer as the Veteran of the Month in Santa Barbara County. And I believe this is going to return to us at one of our later dates, in January 2020. If we could just add that change to agenda to our balance, then that would be good.

Excellent.

this is from public health it is to consider recommendations regarding an ordinance amending county code chapter 37A licensure of tobacco retailers section 37A-7a to include language that prohibit the sale of flavored tobacco products small and inexpensive pack sizes and prohibit the mail order delivery of tobacco products And we are going to begin in Santa Barbara with Monica Merriman and then return to Santa Maria with Isis Dominguez. Monica?

Good morning, Chairman Lavinino and Board of Supervisors. My name is Monica Merriman and I am the Executive Director for the Central Coast Division of the American Heart Association. I'm also a parent and a concerned citizen. I want to start by thanking you for your bold leadership in working to keep tobacco products out of the hands of our youth. The ease of availability of flavored tobacco is contributing to an increase in youth tobacco use of epic proportion.

Candy flavors, mint and menthol make tobacco products more attractive and addicting to kids because they mask the harsh taste of tobacco. They are telling us this over and over again. This is why the industry considers these starter products for youth and other inexperienced tobacco users. We know that a tobacco retail license is the best way to enforce a flavor ban. Please guarantee that the license fee is at least enough to cover the cost of enforcement and compliance. Please also require compliance checks for retailers who have found to be in violation of the policy.

On behalf of the American Heart Association, we support the restriction of all flavored tobacco products. This evidence-based policy is essential for reducing youth tobacco use. With your commitment to our youth, Santa Barbara County could join a growing list of communities across the state and the nation that have enacted a strong and well enforced flavored tobacco sales restriction.

Thank you for your leadership in protecting the next generation from nicotine addiction. Thank you.

And we are going to return to Santa Maria for our final speaker, Isis Dominguez. Isis?

Good morning, Supervisors. We the tobacco consumers and retailers in Santa Barbara County recognize that there is a problem with minors' access to flavored tobacco products. And we agree that something needs to be done about this problem. However, the proposed measure is far too overreaching and will hurt more people than it will help in aggregate. So, we the tobacco consumers and retailers of Santa Barbara have convened and discussed possible solutions.

And have come up with a balance measure that we would like to present to board members next month. This balanced measure would prohibit minors access to flavored tobacco products yet maintain the rights of adult ex-smokers in Santa Barbara County to remain literally smoke free. We have studies showing that cigarettes are 9 to 450 times less toxic than conventional cigarettes. The assortment of vape flavors available play a very important role in helping ex-smokers transition away from cigarettes and into the much less harmful, smoke free alternative to vaping. The vast majority of ex-smokers choose flavors other than tobacco when vaping. A ban on flavored tobacco products, especially flavored vaping products will force these citizens who are also voters and taxpayers to a, purchase their products outside of the county thereby hurting the local economy.

B, resort to black market products which would pose a serious health risk or C, to simply go back to smoking cigarettes. There is more to reality than what we have been led to believe by the media. And we hope that members of the board would keep an open mind in listening to what we have to say about the subject before resorting to knee-jerk and overreaching prohibitions that will likely hurt more people than help.

Thank you for your time.

Thank you.

And that was our

final speaker.

Okay. Can I get a motion to move the administrative agenda with also the changes that our clerk had indicated at the beginning?

Second.

So moved. Moved and seconded, roll call please.

Ms Hartman? Aye. Mr Williams?

Aye.

Mr Hart?

Aye

Chair Lavanino?

Aye

Motion passes unanimous.

Okay takes us to public comment

Chair Lavinino, members of the board. We have seven requests to speak on general public comment today and we are going to begin in Santa Barbara with Ed Kolaski to be followed by Jeff Jones.

Thank you. Last meeting, you guys passed a resolution against China for wrongdoing. Now I ask that you pass a resolution against Alex Peugeot for wrongdoing at the Board of Architectural Review. Side note, it now costs $100,000 more for me to remodel my house than it did in 2014. How about passing a resolution against Alex Peugeot? You know, Alex and you because you're responsible for this would not let us talk. He would not let us present our design.

He kicked us out in 15 seconds. We weren't even allowed to say a single note. Nothing! They had Dylan jump up and scream at us. So I think it's time for the board to take a stand against the Board of Architectural Review, that is against Alex Pujo. You know Mr. Chairman you were the first one I talked to about the problem at the Board of Architectural Review over five years ago and all this time you haven't said a single word about the Board of Architectural Review or about Alex Pujo.

Why do you think Alex lied? I mean, for five years he was lying. For five years he was saying that our second story is located solely over the garage when clearly it wasn't. You know it took Supervisor Peter Adam not even two seconds at looking at the drawing and it was an architectural drawing that used to display to realize that it's not solely over the garage so why did he lie?

Mr Chairman you're in charge now It's not Janet Wolfe who ramrodded this and wouldn't even let me talk to her. We should know, we should know who is in charge. I used to ask that question over and over again in early years. Who's in charge because I couldn't find out who was in charge? I assumed it was Janet Wolfe so why does it prevail now? Janet has retired.

Why is Alex still here? He wouldn't even let us show our drawings to the other members. So how did they know what to vote on? He took their word for it, we made no changes. We added over 300 square feet as requested by two of the members and he didn't even show them the drawings You know, is this how they go in China? You need a resolution against Alex Peugeot and it's time that it get passed. You passed one against China. Let's pass one here at home against the corruption downstairs and get rid of it.

Thank you.

We are going to stay in Santa Barbara for Jeff Jones and then we're going to return in Santa Maria for Carolyn Mazzeo.

First of all, I'm Jeff Johnson and I want to speak about right here in the corner of the county building near the Federal Express box. You have drug dealing, prostitution. Every drug, opiates, heroin, meth people walking around right outside the door right here where your employees can't even walk out. Right in front of the sunken gardens you have kids I'm homeless, but that's despicable.

I'm a law-abiding citizen. I've never been to prison right outside your door near the FedEx box and at night you have people walking around they're not people they're zombies and you have them walking around where your employees can't even exit the door right there And this goes on all night, you have tarps, tents, umbrellas, drugs. It's despicable and it shouldn't happen as a human and a law abiding citizen even if I'm homeless that should not happen in Santa Barbara right there on your door At night, near the FedEx box you have 20-25 people doing drugs, prostitution.

The whole nine that's negative. I can go colds 11-5-50s. You have 11-3-50's. You have needles, trash. Right outside the door to my right on the first floor. And I've had employees tell me, I can't even get out the door. You shouldn't have that you got a police department two and a half blocks up the street. That should not happen. And you have a lot of people right in front of the sunken gardens, I love them, doggies.

You have everything, restaurants to little kitchen and right outside the door you have drug infested people, meth heads, crackheads, heroin addicts and that should not be, it's not appropriate. Something should be done and I know the law.

Mr Johnson, your

time is up. My boss was Sherman Block LA County so I know what the law is and I know what bad people do. You have people walking around all over this building all night on meth crack Cocaine, heroin, opioids.

Mr Johnson your time's up I'm sorry thank you.

Thank you

and we're going to return to Santa Maria with Carolyn Mazzeo to be followed by Dr Bill Heath

Good morning, Supervisors. And thank you very much for the opportunity to provide public comment on a topic that's not currently on your agenda. My name is Carolyn Mazzio. I'm a homeowner in and a resident of Vandenberg Village, California which is part of the unincorporated area of Santa Barbara County. Commonly referred to as Lompoc but quite honestly we're outside of the city limits of Lompoc and do not receive law enforcement services from Lompoc police.

I'm here to say that I am opposed to the proposed Aegis Methadone Suboxone Medication Unit in Vandenberg Village. I'm certain that I speak for thousands of Vandenberg Village residents who also oppose the Aegis facility in our community. We all understand the need for treatment to help people overcome opioid addiction, but Aegis' proposed location at 3769 Constellation Road would not serve the needs of its Lompoc clients as it states.

92% of their Lompoc clients live within the city of Lompoc, which is two miles from Vandenberg Village. Transportation from Lompok City to Vandenberg Village public transportation is extremely limited. Public buses run approximately once per hour on weekdays and not at all on the weekends. As far as walkability, it's extremely inaccessible. The two miles contain some sidewalks but many areas that do not have sidewalks or bike paths that are not well lit and are not patrolled by police or sheriff's deputies.

As far as parking, if these people are fortunate enough to have public private transportation to the facility on Constellation. There's very limited public parking because the building that Aegis has identified as a prospective clinic is an office building not a medical building and the parking spaces for the tenants of the building are limited to I believe one maximum two per office space and there's no on street parking.

If Aegis' goal is to help their clients conquer addiction, their clinic should be accessibly located in the city of Lompoc regardless of potentially higher lease costs to Aegis. And speaking of lease costs I'm also here to express the growing frustration and mounting anger in the Vandenberg Village community by what's perceived as unnecessary delays by Aegis in withdrawing its application for a conditional use permit for the facility they hope to open at 3769 Constellation.

We were assured three weeks ago that Aegis was withdrawing the application. They gave Supervisor Hartman their word that they were withdrawing their application for the Conditional Use Permit, yet here I stand a full three weeks later and nothing has happened. We've heard one excuse after another, all of which pertain to Aegis's negotiations with the leasing agent, the landlord, the building owner. In truth these issues have no bearing on the permit application withdrawal.

Prevailing community opinion is that Aegis is stalling and that we've been told lies about their intent as well as about the county processes. I respectfully request that the Board of Supervisors and their appointed Planning Commissioners maintain awareness of the application, its status, and work coherently with EGIS to expedite the withdrawal of their permit application.

The Vandenberg Village community Has remained peaceful and respectful in its opposition to this proposed facility. However, our patience has been tried and our trust in elected officials quite honestly has been significantly eroded. We'll continue to shine a light on the ill-advised permit application but we would appreciate your vigilance in helping to represent your constituents in this county. Thank you very much for your time

And our next speaker is Dr. Bill Heath to be followed by Margaret Mercereau, who is speaking for Ramona Rogers.

I'm going to have Ramona speak first and then I'll speak after.

Okay. Thank you. It's upside down. There we go.

Good morning Supervisors and Chairman. My name is Margaret Mercereau, and I'm speaking for Ramona Rogers as she has laryngitis. She's a former chair of the Santa Barbara County Human Services Commission. She served under her friend Tim Staffel who she's known since middle school at Vandenberg Junior High, now a judge, the Honorable Timothy Staffel. And the late Joni Gray.

She comes as a longtime resident of Vandenberg Village, having graduated from Cabrillo, gone away to college and returned to raise her children that are now grown. Most of us have people we love or at least know who have struggled with addiction. We are keenly aware of its epic toll on the beautiful people of this nation. and of Santa Barbara County. However, if the community would have been consulted before the paperwork for the proposed methadone clinic was set in motion it would have been quickly learned that the limited commercial areas of Vandenberg Village is unsuitable.

In just one month, we have collected the signatures of 1,253 online petitioners and 297 written signatures for a total of 1,550 3rd District residents who strongly, and I mean very strongly feel that Vandenberg Village is the wrong location for this clinic. So thank you very much for your time today.

And our next speaker is Dr. Bill Heath to be followed by Samantha Yavagas.

Good morning. Thank you for your service and the opportunity to address you. I'm Dr. Bill Heath, a lifelong resident of Vandenberg Village. I am also a member of the Lompoc Unified School District Board of Education. So I'd just like to express my concern and opposition to the proposed methadone clinic in Vandenberg Village. Own the building and practice dentistry in the property directly next door to the proposed clinic.

So I have a vested interest in the safety of our community on several levels. I believe you received letters from the superintendent of schools from Lompoc and from the Board of Education expressing concern and opposition to the proposed clinic. So, I hope you receive those and listen to those. Daily, I see children Youth, adults run, walk, enjoy the neighborhood that's there along Constellation Road.

Good memories of riding my bike there as a child, myself having attended Buena Vista Elementary School, Cabrillo High School. My children, six children doing the same thing. So Vanderbilt is kind of a special place in our county if you haven't been there welcome to come and see what it's like. Appreciate Ms. Hartman coming and having meetings with us for what she's trying to do.

I express my concern because we are, in another way, we were told that a cannabis retail store would not be opened up across the street. Yesterday I received a notice pending approval of a second delivery service for cannabis in Vanderburg Village. So it seems like the retail store shifted to To a delivery service. So I know that's a different topic, different process but we'd like to keep Van River Village safe free from drugs of that we believe can be harmful to our youth and our children.

We appreciate again your service to our community. We know you'll do the right thing. Treat Vandberg Village as if it's your own community. But we know that Vandberg Village is not the place for a methadone clinic, and so please consider all that we've discussed with you previously and again. And we look forward to hearing final notice that the Aegis Clinic will not be in Vandberg Village. Thank you.

And our next speaker is Samantha Yavegas to be followed by Edwin Weaver.

Good morning, Board of Supervisors. My name is Samantha Yriguez and I'm here with Fighting Back Santa Maria Valley. I'm here to speak on behalf of our Youth Action Group. They are very sad they couldn't be here but it's finals week so I just wanted to relay a message that they're very proud and thankful of the attention the board has brought to the flavor issue with tobacco.

They're very aware of the impact it's had in their schools and their families and their peers, and they appreciate the attention you've brought and the action you have taken. So thank you so much on behalf of our youth group.

And our final speaker is Edwin Weaver.

I too wanted to thank you this morning for your attention to the issues of flavored tobacco. Specifically, I think this issue isn't just about what's happening today but it's the long term effects of tobacco on our kids and our community. And by addressing this and taking the long view, it shows real leadership as supervisors of our county. I'm really pleased, thank you Supervisor Labanino representative mine here in Santa Maria. Really appreciate your support and really glad that you guys voted yes so thank you again.

And that was our final

speaker.

Supervisor Hartman?

Thank you, Mr. Chair. Mr. Gazzone, could you outline the framework for public comment on issues not on our agenda and what we can say and can't say?

Chair and supervisors, the board or the CEO or any member of staff basically provide us that are not on the agenda. You can provide a short report, you can have short questions, you can direct CEO to put something on the agenda in the future. And if there are specific questions on the AGIS matter I could go further

If it's okay, I would just like to describe what has occurred to date for everyone. I think the community has made its voice loud and clear on this issue. I have also made it clear that this application was submitted to planning and development and unlike many other potentially controversial projects, I was not notified ahead of time And so we did hold a community meeting, I think there were over 200 people there. The community feels very intensely about this.

We did speak with the CEO of Aegis and he told me on the phone they would withdraw their application. He provided written notice of that. When it didn't happen immediately, we got in touch with him. He said that he wanted to first negotiate the lease and getting out of that lease contract. It's my understanding that they did have the final walkthrough on the building so I expect any moment that we will in fact have the withdrawal from P&D and the planner is on notice to let us know as soon as that happens. And we will be in touch with the community, but we have tried very much to be responsive.

You have stood up and made clear your position and we've heard you so thank you.

Okay, I guess I'm going to walk a fine line and you can stop me if I step over. But I also understand this but we have to remember where all those people are going now so those people are all coming to my district to be treated and I hope for a resolution that works for all districts and all individuals. So we'll leave it at that, and move forward. So thank you for being here today.

Okay, let's go to, do we not need a break? Do we get to move forward? You want to take a little break? Okay, let's take a ten minute break before we get into our departmental agenda items. It's good time.

Hello. Yeah. Thank you. Thank you.

Board of Supervisors and Madam Clerk, can you read item D1 please?

Chair Lavinino and members of the board. Departmental Item number one is from the County Executive Office. It is a hearing to consider recommendations regarding an update on legislative advocacy and adoption of the 2020 legislative platform.

Good morning, Chair Lavinino. Members of the board, Dennis Buzanich from the County Executive Office. I'm here this morning with Cliff Berg and Don, our advocates, our legislative advocates in Sacramento and in DC to prepare for a final adoption of the legislative platform for 2020 as well as for you to receive an update on the status Our efforts during the past year to advocate for your funding priorities, your legislative priorities as well as general policy advocacy at the state and federal level.

And then also to consider a resolution this morning to change the status And re-establish the Legislative Program Committee as a standing committee from its current status as a separate committee, a standing committee of your board. So with that what I'd like to do is just turn it over at this point to Don for a recap of the federal accomplishments and maybe a little idea what might happen next this year so Don?

Chair Lavenino, members of the board. Thank you for the opportunity to speak with you this morning. Don Gilchrist and Thomas Walters.

Is that on? I'm sorry, Don. We probably got some faulty

equipment

somewhere. It's on? Okay, maybe closer. Just because Doss is in the center bar where I want you to be able to hear. All right.

Congress is in the final week of the legislative year and is scrambling to finish up just about everything that they've worked on in 2019. That is somewhat typical for the way Congress operates. The focus this week is on the appropriations for fiscal year 2020. House and Senate leaders have put together two consolidated appropriations packages that will be voted on in the house today, and if passed the Senate will take them up in the near future with the aim to get things wrapped up by the end of the week.

These packages were released late yesterday. We've reviewed them to the best of our ability, things appear to be in good shape for the county's priorities on funding programs. Things like the community development block grants, the homeless assistance grants programs, home investment state and local law enforcement grants and the like. All appear to receive modest increases that will ensure that these programs continue to fund the county's priorities next year. Also, the payments in lieu of taxes program is fully funded and that will be continuing into next year as well.

So we're looking for that to be resolved this week. In addition to appropriations, there's a number of program authorizations that we've been working on. Most of these became hung up in the committee process and did not proceed to floor passage in the House and the Senate. And what House and Senate leaders have elected to do is to simply extend them into next year in order to allow Congress to come back in 2020 to take them up again. We want to see multi-year authorizations for these programs that protect and expand their scope, and ensure that the funding will be authorized that the Appropriations Committee can then come back to fund in the annual appropriations bills.

So for instance, the temporary assistance for needy families program and the federally qualified health centers. They've been extended into May of next year. The National Flood Insurance Program is extended into September. And so this ensures that there'll be a lot of dealing and horse trading in the legislative process next year as Congress seeks to take these up.

Congress is also working this year to finish up the Defense Authorization Bill, and that's the legislation that includes the Camp 4 legislation. We expect that to be voted on in the Senate either today or tomorrow, and that will be the final step that clears it for the White House and the President's signature. So there's quite a bit going on this week. We appreciate the opportunity to work with you and your staff on the federal platform that you'll adopt, and we look forward to next year.

Certainly there will be a lot going on next year, probably an infrastructure package or a highway infrastructure package at least will be taken up. We'll see a lot going on with health care, and I think exactly how that comes down will be largely determined by what happens in the presidential race. And let the candidates stake out for their positions. A number of other things will be going on as well. Climate change will be a significant issue in the next Congress as well. Looking for any opportunities to advocate for the county and take advantage of these issues that are coming up.

So I'd appreciate, be pleased to respond to any questions that you have.

Do we have any public comment on

this? My suggestion is we complete the rest of the presentation and then we could do

questions. All right, so are there any questions for Don or you want to do the whole thing and then okay go ahead Cliff.

Thank you, Mr. Chairman. Cliff Berg here to give you an update and assessment of the future. We in California and Sacramento are in the California legislative recess. We're in the middle of a two-year legislative session that began a year ago in December Went through September, legislature recessed in September. And they will return in less than a month on January 6th for the beginning of the two year session. The legislative two year session in California is fairly unique around the states in the sense that legislators introduced bills in January.

February of 2019, we work closely with your staff departments and board offices to review all the bills that are introduced. Several thousand determine those that are important in impact of the county and took positions on those when legislature returns any bill still left is what we call a two year bill. It's in the house of origin it must get out by the end of January or dies. And then the legislature will have an opportunity through February to reintroduce or introduce new bills to be considered in 2020. 2019, looking back a bit I think was a truly interesting year in California.

It was first off the end of eight years of the Brown administration, and a change in governorship after having 16 years of Governor Brown really in two different terms. And I think the new governor Took a very different tack, which is worth observing that after the last eight years of Governor Brown who with the Democratic legislature pretty much presented a conservative budget with very few initiatives.

Spent five months dickering with Democrats in the legislature who were pushing him to adopt ideas or funding for programs That they wanted the state to fund, and then negotiating through the May revise. And trying to put a hold on state spending. The new governor clearly had a very proactive agenda and in a lot of ways preempted the legislature early on with his budget proposals including his January budget $500 million for homeless investments in emergency readiness response, early childhood education.