Board of Supervisors — 2020-02-11

I'll call to order the February 11, 2020 meeting of the Santa Barbara County Board of Supervisors. Will the clerk please call the roll?

Ms. Hartman? Here! Mr. Adam? Here. Mr. Lavinino? Here. Mr Williams? Here Chair Hart?

The next item of business is approval of the minutes of February 4th, 2020. Is there any discussion? Can I get a motion to approve? Motion's been made and seconded. All those in favor say aye. Oppose and abstain. The matter carries unanimously. CEO Miyasato, is there a CEO report today?

There's no CEO report today.

Okay thank you. Madam Clerk are there any announcements or changes to the agenda?

Yes, Chair Hart and members of the board. We received a continuance request from the department yesterday to continue departmental item number two which is a hearing from planning and development. It is a hearing to consider recommendations regarding exempt hoop structures and shade structures, a guide for applying streams and creeks setbacks. In addition to this request I ask that the board consider taking any public comment based solely on the request for continuance and if the board approves this request to include a date certain for the record.

Thank you very much. Do we need a motion to acknowledge that change?

Chair Hart, members of the board I haven't received any public comment on this item but if any members of the public would like to comment please come to the podium and do so.

All right seeing no one

yeah I'll make the motion if we have a date certain I don't know what it is did

I want to ask a question though. Given the fact that there is, that a lot of farmers are kind of operating completely in the dark

under the key contract risks, not because of personalities but because of the contract amount. The medium complexity and the kind of projects that the contractor would be working on this contract received a deep review by my office and we expressed our concurrence in this contract as well as the accompanying services contract. Having said that, I believe the case that you're referring to was an embezzlement case with both a criminal component and then a civil recoupment and insurance component involving public works.

Okay so given those facts would you recommend hiring that person back again?

In their current... probably not.

So what would be the difference between this case and are you familiar with the case they were talking about where the judgment jury found that there had been malice, oppression or fraud?

Mr. Chair, Supervisor Adam, I have some familiarity with the case.

Okay.

I do.

So would you recommend that we hire Dan Giraud back to do the same exact thing that he was doing before?

Which

resulted in a fraud?

Mr. Chair, Supervisor Adam, the reason I'm recommending hiring Wood Consulting is because they are uniquely positioned to assist us with some of the long-range planning projects that we're working on including farmstays and cannabis and I believe that the staff that they have at Wood is very talented and I've trusted them, I've worked with them over the years so that's why I'm recommending that

Okay so Mr. Gazzone just to talk about the costs of that case that we were talking about before, the Adam Brothers case. Could you estimate how much the county might have had in some round figure because I didn't tell you I was going to ask you this so I know you didn't look it

up? Chair and supervisors, I don't have that number available but I will say that the county on that case ultimately had insurance through CSAC EIA. But we have a self-insured retention of $500,000 so the county spent at least $500,000 plus County Council and staff time over approximately six years of litigation.

I remember it well. I was there for all of it. And then CSAC paid

the rest. Chair and two raisers up. The coverage issue on CSAC would be that anything over $500,000 that was essentially an insured expense was covered but staff and county council time is outside of that coverage. So that's why my answer is more than $500,000 but I've not calculated with me today what that number would be. Would it be safe to say that it was in the millions?

I think it would be safe to say that it's more than $500,000 and probably someplace at or above a million dollars. I just can't go finer than that as to the out-of-pocket expense by the county.

Okay

well

I spent two million so I know that...I assume you've spent some kind of a comparable amount? So would you recommend hiring people that have a history of defrauding the county before, Mr. Guzzone? Especially since this

is a high-risk contract. Chair and supervisors I do not want to harm the board's discretion in this area we have concurred in the board agenda letter package and the services contract that went out from planning and development having said that both this and the other services contract for bringing contract planners in house are identified as high risk

Okay

well

okay thank you.

Are there any other questions on this item? And then Director Williams or Supervisor Williams.

I don't know all of the background. I mean, I've obviously heard that Mr. Draw and Supervisor Adams have had some conflicts in the past to say the least. I'm trying though I do think that we should Look at what the consequences of not approving this contract would be. Ever since the debate on STRs, which was two years ago, we That day, I think the board was very supportive of having farm stays. Yet farm stays have not been permitted since that time because we don't have an ordinance. And so it seems like something that the board After a very divided board about STRs, the board was fairly united about allowing farm stays. And yet we don't have them. The county's missing out on revenue.

People are missing out on commerce opportunities because we don't have an ordinance and So I also think we should think about the consequences of not approving this project because that has sat for a long time. Because as we've discussed before, as the board, long-term planning is this bottleneck in our procedures and our ability to move forward because we're not getting projects through it fast enough because we can't either staff up or get enough I'm I get that there was a nasty conflict, but I also want us to think about the consequences.

Supervisor Adam? Well this isn't a nasty

conflict. This board got defrauded and I wasn't on it of course. You know, I was on the other end of this thing and you know this isn't as hard as this is going to be to believe. This isn't a personal thing. I sit up here on this board knowing something that nobody else can know And having experienced what I experienced, and I can't be separated from that. And I don't believe that necessarily means that I'm just acting out a personal vendetta. You can assume that if you want to. But I'm gonna say that I just know that somebody that's in senior management, he's a Senior Program Manager.

And for the record, I have no problem with the company. There's all kinds of CVs in here. There's one of them I have a problem with. And if he were separated from this contract, I would say that's fantastic. I don't have any problem with anybody else in the contract but we know that this person and if you sat there for the two weeks that I sat there and watched the whole case He was a major architect of the whole scam that was perpetrated on the public and the Board of Supervisors and the property owners at the time who wasn't me.

I just ended up stepping on the landmine, you know I always explain this to people like I bought a property that had a landmine planted on it to get the guy in back of me. I was not the intended target of this thing, but I bought the property walked out front door stepped on the land mine and said hey who's responsible? It came out Dan Giroir was responsible among others So you know if this is like putting a pedophile in charge of the child care center.

I just think it's a bad idea. You know, he's going back and doing the exact same thing he did before and so if you want to go ahead and do that for expediency sake, I think that's a really bad idea. Supervisor Hartman?

Thank you, Mr. Chair. This is a very large firm. I think they have an accounting department that oversees. I don't see that this is analogous to the prior situation. I guess I would ask in legal firms you can often carve out or put up a wall of China. Would that be possible in this contract to satisfy Mr. Adam?

Chair and Supervisors, the Board has virtually complete discretion on this. Go, no go. Continue the matter and ask for a reshaping of the actual services agreement would be included in that. The current services agreement is based on the proposal from the firm which identifies the employees who will be working on the project but it would certainly possible to have a different or amended services agreement that would stipulate who the primary actors would be.

Would that be satisfactory? It seems so, given what you said earlier. We

can't just authorize the director to sign an amended

contract to that effect? That excludes Mr. Giroir?

I think that's what Supervisor Hartman was just bringing up.

Well, I think we should just be direct about it. Chair and supervisors on this one it is a service agreement It's not subject to its own public work subject to the contracting code So the board has discretion having reviewed the contract myself and the proposal I'd recommend that rather than doing Just a verbal here, if the board wanted to have something different and authorize a signature on it, I'd recommend trailing the item. But I think this is one that we don't know how the firm would react to having one of its principal managers removed from the contract. And therefore, I think it would probably be more efficient in the long run to continue the item and hear from the firm that they would actually enter this agreement with a different cast.

Ms. Plummer, did you have anything else you wanted to add? No. Okay. Supervisor Lavinino.

Thank you Mr. Chair and I think for the record we also have to point out that this is something that happened now 17 years ago and I know it's left a mark on you for the rest of your life but I just think it's important to note that this didn't happen last week, last month or last year. That this is 17 years ago and I just think that's an important point.

I think that is important to recommend for mention because you know people change and evolve and learn and all of us are doing that all the time and you know I think in this instance that probably has occurred and as others have mentioned this is a contract with a company that has Thank you very much. A chance to be redeemed and to continue to provide service to the community. And I don't know how you think about that in that context, but Supervisor Adam?

Well, I just think that fraud is by its very nature very difficult to detect and you'll never know it until people have to spend millions of dollars to find out. In fact most people will never find out because they won't go through the exercise I think that putting somebody who has a history of that in, in a place where they can shape projects and shape EIRs and important documents like that.

You know, this board and the public have a right to expect us to do the best we can to make sure that those documents are honestly done and that there's no shenanigans that occur. And I think that's the best way Like I said, all of the other CVs here I have no problem with at all. But that one, I recommend against it. Supervisor Hartman?

Yes, I would be prepared. I'm persuaded by what you said and what Supervisor Lavanino said and I think what we've said is probably being heard by the company so I'm prepared to move that we approve this as is with staff recommendation but I wonder do we need public comment on this matter before we go forward?

Yeah, we should have public comment. First, is there a second to Supervisor Hartman's motion? Second. Okay, and is there any public comment from anyone here in Santa Barbara on this item?

I have a comment to speak to the motion. I would prefer, I think we always want to get to a unanimous decision here and I would prefer that we trail it and have our director speak to the company and see if it's something we can do. Obviously, I want to be comfortable with the product that comes back. I think they want us to be comfortable with the product that comes back And I know it might feel like we're hurting somebody's feelings, that we go back and we ask them if they could wall this individual off. But I think it's our responsibility to at least ask and share our concerns about it. If it comes back, we can deal with it later on in the meeting but I wouldn't be able to support the motion until at least we go back and talk to the company.

Mr. Gazzone. Chair and supervisors, so it could certainly be trailed but my recommendation would be that if there was going to be an amendment of this agreement that the matter ultimately be continued so that in part in fairness to your planning director that if the board's taking a legislative action on this contract that that'd be very clear and not simply shift that down to planning director in terms of personnel selection on this contract.

And with the maker of the motion be open to amending the motion to be a continuance?

Yes, Mr. Chair.

And is the seconder okay with a continuance? I'm okay.

Supervisors could you clarify is it a continuence or just trailing until the end of the meeting or later point in time? Mr. Gazzone

is looking for a

continuance.

Only if you change the contract, I believe.

So I think that what I was suggesting was that you could trail the item have the planning director If she can reach the vendor Determine whether they would be interested in that if so then you could continue the matter if they say no Thank you step one makes it an easy decision

step two will make the decision later Okay, so we'll trail this item and do we need a motion to trailing item or can the chair? Yes

I'd recommend

a motion on

this.

And second. Multiple seconds, okay all right all those in favor? Aye. Opposed and abstained matter carries unanimously thank you. Will the clerk please read item number 12 into the record

Chair Hart and members of the board, administrative item number 13 is from probation. It is to consider recommendations regarding the pre-trial pilot program memorandum of understanding, MOU between the Superior Court of California County of Santa Barbara and County of Santa Barbara Probation Department.

Supervisor Hartman.

And I just wanted a fuller explanation of this, it seems we've had a series of administrative items that are designed to reduce the populations in our jails so I just wanted to hear more about it from Chief Heitmann.

Chief Heitmann welcome

Chair Hart, Supervisor Hartman thank you. This pretrial grant complements and enhances the work that your board supported when we moved the pretrial services from the court to probation. Since we began this work we have increased the number of inmates being assessed within 24 hours of booking. This is a substantial move from assessing within 24 to 72 hours, to ensuring that they're being assessed within 24. This sets the stage for those of low and medium risk to be released under pretrial supervision or with limited terms as appropriate.

Thus, our supervision of those today has increased and as of today we're at 191 individuals being supervised under some type of intensive supervision. This means those individuals are able to remain with their families continue in their employment and begin working towards the change that they need to make in their lives as early as possible. It allows for more equitable options for those being released from the jail.

We want to acknowledge your board for supporting this effort, it has been a collaboration between our Community Corrections Partnership which funds a portion of the pretrial work The general fund, which the board endorsed moving to probation to allow us to collaborate and create some efficiencies. And then this pretrial grant that is a collaboration with our superior court. I want to acknowledge not only the board's support for it, but our superior court, the CEO's office, HR and the jail who have all worked really well to ensure that this is efficient as possible. And positioned us to be able to be in a good place when the Northern Branch Jail opens so that Individuals being booked into either facility will be able to be assessed promptly.

And we will be shortly moving into our next phase of this project, of bringing more individuals before the judges pre-arraignment on an on call basis so that they can be released as early in the process as possible. Thank you.

Thank You Chief Hyman. Any other questions for the

chief?

All right, thank you very much for that additional information. Can I get a motion to approve the balance of the administrative agenda? I guess with item 12 being trailed.

So moved.

Motion's been made. Is there a second? And seconded. All those in favor say aye. Aye. Matter carries unanimously. Next is the item for public comment. Madam Clerk are there requests to speak on items that are not on the agenda?

Chair Hart, members of the board. Yes today we have 14 requests to speak on general public comment and we are going to begin in Santa Barbara with Ed Kalaski to be followed by Jay Johnson.

I should have come up here earlier and made a public comment on the talk that Supervisor Peter Adam gave. For a minute there, I thought he was talking about Alex Peugeot downstairs. He brings up the question would the county hire a guy who can't tell the difference between the kitchen and garage? Whereas Alex just did that so he can get some extortion money.

Do I have to wait another 11 years, so it will be 17 years since I started this project 6 years ago? Isn't it about time that Alex Bejewel be removed? How many people have to come up here? Nobody appeals to the Board of Supervisors because they know how worthless the situation is. You know, I went in to talk to Ryan Cooksey after we got kicked out of the meeting by Alex Pujo three weeks later. He's writing a report up on our project yet he didn't have Our drawings, our current drawings. He only had our old drawings.

One of the questions I asked Ryan was what do you think about me getting kicked out in 15 seconds out of the Board of Architectural Review? He replied Alex does that all the time. Yes, Alex does that all the time. So is it legal For him to kick us out in 15 seconds without showing our drawing, without allowing us to speak. You know they call that a scam anywhere else.

That's what we have to live with? All these people that have to live with it? Is it legal for him to lie to the other members and tell them that we made no changes when we add 300 square feet to our 400 square foot project? Is it legal for him to have somebody jump up and scream at us so we can't speak? Is it legal for him to generate a false report, so we can't appeal? You know they must've spent a lot of time on that report.

That drawing there is actually our drawing from our June meeting. The report is from the older drawings, but yet I guess they couldn't decide what to do with the report because the date shows on that drawing in the report and they didn't want to change the date. Yet they took enough time to not put in the overlay so you couldn't tell whether or not the second story's solely over the garage. Yet if you look at this picture You know darn well that is not solely over the garage. You know, Alex had a whole lot of fun with me. Let me play this tape.

I'll have to do that later. Anyways he had a whole lot of fun with me just laughing and playing a cut off thing that's squawk squawk get out of here. And our next speaker is Jay Johnson

to be followed by Robert

Hanson.

My name is Jay Johnson and I want to speak about this. It is a shame that I see kids, nieces, nephews Grandkids and most importantly in my life, dogs sitting across from sunken garden parks happen to stare at people with tents in the front. Your employees are scared to come in here because I've talked to some of them. I'm very well educated University Arizona bear down.

But it is a shame to see at a county building for the employees to be afraid to park their bicycles in the front. If you drive down the street on a Saturday night, I don't know who approves this, but I did see a Super Bowl pre-Super Bowl commercial and it had Mr. Williams there. And it's a shame that you have drug dealing, methamphetamine, Oxycontin, every drug In the front of your building, defecation, urination.

There's a porter potty in the back that every Tuesday is cleaned up by Marburg. I'm not a genius and I didn't stay at Holiday Inn last night. But I can tell you this, you need 10 porter potties. That's how many people sleep in the front. You have clothing, plastic bags, trash, shopping carts in the front of a county government admin building. That is a shame and it shouldn't be allowed.

Heroin addicts, people buying drugs all night right in front of your building. Cop law enforcement maybe a block and a half 45 yards away. And all you need is the one cop car and a light. That's all you need. And it would clean it up. You should be ashamed for your county employees to come here in the morning and have to bring their bicycles into office now.

Mr. Johnson, thank you for your comments. Because they can hop the

gate.

Your time is up please. Thank you.

I just want to address that real quick, I'm sorry. And I know Mr. Johnson has come multiple times and I've kind of seen that what he's talking about down there. I'm just curious if we talk to you, what's our response to that as far as what's happening down

Supervisors, just to let you know we've been meeting with all the county departments of public work who are in the engineering building. General services on cleanup with Public Defender looking at folks who were potentially their clients and we've been working with them, working with the city as well, law enforcement And there's a plan on how we can improve the area. There's already been improvements, we've had outreach teams go out there and talk to folks so it's not forgotten.

We are continuing to work and I think the area has improved since the holidays. We're continuing to work on it.

Okay, and that is city of Santa Barbara jurisdiction?

Yes, and we've had contact in working with them as well, they've been very helpful.

Thank you Ms. Miyasato. Mr. Hanson

Yes we are going to stay in Santa Barbara with Robert Hanson and to be followed by Nancy McCready. Thank you.

Is that my turn? Yes, go ahead Bob I'm ready to go So a lot of people probably watched the Academy Awards Brad Pitt got for supporting actor and he got up there and said I get 45 seconds That's 45 seconds more than John Bolton got at the Senate which is true our country is sick And then the actor Joaquin Phoenix sat there at the end of his Accepting Best Actor said, his brother said that love and peace follows. I think it should be respect and peace follows.

It's like Gandhi said truth and love always prevails. I would say truth and respect always prevails because what we got in the White House I am in favor of a national agenda, affordable housing for everyone. We could get surplus military land or federal land or city and county land and build affordable housing, real affordable housing for everyone all across this nation. That would help with the homeless agenda that needs to be looked at. It can help with these people who are working more than one job. I mean we basically have said 40 hour work week. That's not real for a lot of people.

And then Doss, he's running for his seat here. He brings up that he was homeless in a car and last week Tuesday and Wednesday it got below 35 degrees. And he would be called a rubber tramp at that time. And then there's the ground pounders, the people who sleep on the ground. It's really sad that a couple years ago the county or the warming center whoever changed the rules of 40 degrees to open up the warming center to 35s.

So

Thank you Mr. Hanson.

And we are going to stay in Santa Barbara with Nancy McCready.

The next public speaker is Miss McCready.

Miss McCready to be followed by Dave Hopkins

Okay, good morning everyone I'm at the risk of repeating myself I have been a homeless activist for 40 years and I've lived amongst the homeless for majority of that time. We fed people, we helped people get into housing on a one-to-one basis but there's a lack of work ethic amongst the homeless And I think that it would behoove the county to open up trade schools.

and work programs for these people because people are depressed without work. People are depressed without purpose, and it keeps people down. And I think that we should do those things, take some of that money that's coming down from the state and convince the Governor to take a look at that It has happened before in history. It has helped people in historical times and it should help people now. Thanks, that's all I have to say.

Thank you Ms. McGrady.

And we're going to stay in Santa Barbara with Dave Hopkins and then we're going to return to Santa Maria with Jean Marie Driscoll.

Okay, good morning Chair Hart and Supervisors. My name is Dave Hopkins or Hopper out on the streets and I spent over a decade homeless on your streets from 96 to 2007 And died twice a couple times when I was out there and was resuscitated. So we're talking about homeless deaths, and we're talking about the elements that are out there on the streets today which are causing these deaths. And it's not just the deaths that were counted in the last year. It's the elements...it's just kind of like when Trump went to Puerto Rico after the hurricanes he said only a few people died And then down the road, quite a few more people died. And it's the elements years ago we did a documentary Streets of Paradise and it was on homelessness and in that documentary I think I'm about the only one left out of the people that were in that documentary and it's the people that fought with addiction and fought with getting woken up in the middle of the night By the police department or having no place to go and like what Mr.