Board of Supervisors — 2020-06-16

I will call to order the June 16th, 2020 meeting of the Santa Barbara County Board of Supervisors. Will the clerk please call the roll?

Mr. Adam?

Here.

Mr. Lavagnino? Here! Mr. Williams? Here Ms. Hartman? Here Chair

Next item of business is approval of the minutes June 2nd meeting as well as the June 9th and 11th budget hearings. Is there any discussion? Move approval. Thank you. Is there a second? Second.

Motion has been made and seconded. Any discussion? Would the clerk please call the roll?

Mr. Adam?

Aye.

Mr. Lavinino?

Aye.

Mr Williams? Aye Ms Hartman? Aye Chair Hart?

Aye

Motion passes unanimously

Thank you CEO Miyasato, is there a CEO report today?

Chair Hart and board members, there is just two announcements this morning. And it's really to discuss some upcoming deadlines for us. So there will be six virtual community meetings regarding cannabis retail storefronts. And those will begin July 1 and we'll be holding them every Wednesday and Thursday for three consecutive weeks after that. In addition, there will be a video preview that will be available by the end of this week And we're asking members of the public to preview that video when it's available. The public can submit questions or comments in advance and during the virtual meetings, and again there will be one meeting per community plan area where cannabis retail storefront may be allowed.

Staff from the CEO's office and planning and development will be present And to provide an overview of licensing and permitting followed by an overview of the community plan area with maps. So again, the outreach video will be posted by the end of this week and the web page will have all the dates and locations for the plan areas for the virtual meetings. Again these will all be virtual.

The second announcement is discussing our Citizens Independent Redistricting Commission. As you recall, in November 28 in the general election voters approved Measure G that establishes an 11-person County of Santa Barbara Independent Redistricting Commission to adjust the boundaries of the Supervisorial Districts. Santa Barbara County residents interested in serving as a member of that Citizens Independent Redistricting Commission will have until The application and selection process is designed to produce a commission that is independent from the influence of the Board of Supervisors, political parties, campaign contributors or other special interests and is reasonably representative of the county's diversity.

The commission must complete adoption of the redistricting plan within six months of receiving the final 2020 census data, but not later than the requirements of the California Elections Code. Currently, the U.S. Census Bureau is required to deliver census data to the jurisdictions by March 31st. However due to the COVID pandemic Congress could vote to extend the deadline by several months barring no delay or change In the federal census schedule, the redistricting process will be completed by August or September 2021. Again, the most important date for us is that by August 21st of 2020 will be the deadline to apply and all information will be on our website by this at the end of this week.

Thank you CEO Miyasato. Madam Clerk are there any announcements or changes to our agenda today?

Chair Hart and members of the board, I just have a couple quick announcements this morning. My first announcement is that I would like to remind members of the public who are participating in our hearing this morning remotely there are alternative methods to participate in public comment you can participate by phone as you will see scrolling on the top of your TV screen here momentarily Please call area code 805-568-2240. State your name, your phone number and which item you'd like to speak on and we will call you at the appropriate time.

And just a friendly reminder please make every effort to be available and mute all streaming devices on your end when you are called. Additionally, we posted an addendum to our agenda for today Tuesday June 16th 2020 adding administrative item number 71 this is from the clerk recorder assessor It is to consider recommendations regarding the Los Olivos Community Services District, request for consolidation with the statewide general election and change to even-numbered year elections for Board of Directors.

And my final announcement this morning just a little housekeeping item on Administrative Item A17. This is from Community Services District It is to consider recommendations regarding the approval of the action plan substantial amendment and execution of agreements with the Housing Authority of Santa Barbara County and Legal Aid Foundation to implement an emergency rental assistance program utilizing Community Development Block Grant Coronavirus CDBG-CV and Home Investment Partnerships, home funds. And just an announcement to the board and That the agenda and recommendations remain the same as well as the noticing for this item. But the attachments that were posted on this item last week were incorrect, but have now been corrected for the board and the public.

So that's all my announcements this morning.

Thank you Madam Clerk. Supervisor Hartman?

Thank you Mr. Chair, this is a question for the CEO with the report on the cannabis retail. You listed various county parties that'll be involved I hope the supervisors offices in whose district the community plan area is will also play a role?

Supervisors we can certainly do that again. We just said this was the CEOs and planning will be presenting an overview of the licensing and permitting, but if you'd like the Individual board offices to be available and also answer questions from the community Again, we're trying to whatever the whatever is the most efficient way into helpful to the community. That's fine Excuse me Yes supervisor Adam

Calling in from the colonies, I'm wondering how that would work if we were involved in that process up front and then an appeal came to us. Would we have to recuse ourselves having taken a position previously being involved in those processes or would that just get

ignored? Chair and Supervisors, this is an area where there are really two items both of which I think can be overcome. The first is just to make sure that we don't have more than two supervisors present at any of these meetings so that we're forming a quorum of the board outside a notice meeting. And the second really the test that we've talked with you about before is not becoming personally embroiled with a topic that the board might later hear in its quasi-judicial role So being present, listening to the public and even speaking as long as we're not advocating for or against particular applicants would not be at the level of personal employment. And I'd be glad to talk with supervisors individually if there's further questions.

Thank you very much for that help.

Thank you.

Thank you Supervisor Adam.

seeing the flaws in our history does not mean that I or any of us need to lose one whit of the passion for what this country can stand up for. It can be present in the same heart, it can be present in the same family and it can be present in the same nation.

Thank you, Supervisor Williams. Is there a motion to approve? Excuse me, Supervisor Lavinino?

No, it's Adam. Maybe the next time Supervisor Williams wants to write something he might reach across the aisle for a partner to write it. Just suggesting instead of being in the echo chamber up there and I think it's the south end of the fourth floor. It might be good to reach out to the colonies and maybe we could get a more balanced resolution that I could support, because I'd sure love to support the line of the resolution. There's some stuff in there that I can't do. I will

take you up on

that

offer. Thank

you Mr. Abbott. Are we ready for a motion? Would somebody like to make a motion on this item?

I move we adopt the resolution.

Thank

you.

Second. Motion's been made in second, any more discussion? Roll call please.

Mr. Adam?

No.

Mr. Lavinino?

Oops sorry, I was going to abstain. Sorry, abstain.

Mr Lavinino? Reflex

action. Aye.

Mr Williams? Aye. Ms Hartman? Aye. Chair Hart?

Aye

Motion passes 4-1 with one abstention.

Thank you. The next

item we

have is Item number 27. Would the clerk please read that item into the record?

Chair Hart, members of the board. Administrative Item number 27 is from General Services. It is to consider recommendations regarding award a design-build contract for the new Cuyama Fire Station 27 formerly known as Fire Station 41 Project Number 8751 and this is in the First District and we have one request on this item and that is Andy Caldwell

Chair Hart, members of the board, this is Andy Caldwell. We know that the fire department and the sheriff's department need a new place in Quiama and we know that any new building would cost several million dollars. However, a couple years ago when the former chief brought this up, the board balked at that price and he balked at that price They sent it back I thought to come up with a more reasonable priced alternative.

If you do the math, this station's going to cost upwards of $700 a square foot and yet most of it is going to be a bay for equipment, basically a giant garage with the house and office building attached to it. We just think it's inordinately expensive. And anyway like I said we support construction project and don't doubt the necessity of it that fail to understand how something could cost $700 a square foot. Thank you.

Thank you, Mr. Caldwell

Chair Hart and members of the board, administrative item number 39 is from public health. It is to consider recommendations regarding United Way of Santa Barbara County critical needs fund memorandum of understanding for COVID-19 response. And I do believe we have Ben Romo as well as Steve Ortiz available on zoom.

Thank you. I wanted to pull this item from this week's agenda to highlight a philanthropic partnership in support of the county's COVID- 19 response and efforts In late March, the United Way of Santa Barbara County began conversations with our public health department about how the philanthropic community might best support our COVID response. And since then, United Way of Santa Barbara County has launched a Public Health Critical Needs Fund to raise money from philanthropic donors to help support the county's COVID-19 leadership. We're very grateful for that work and today at the critical needs fund has raised $375,000 to support collaborative effort approaches to COVID-19 response That are informed by the Public Health Department's leadership and are aligned with the county's efforts.

And United Way has raised money and contracted with the Family Service Agency to hire and train contract tracers, a critical component of the county's multi-pronged approach to fighting COVID-19. And I believe as the clerk identified Steve Ortiz from United Way is available. Thank you Steve. Do you have any additional comments you'd like to make? And thank you for all your work.

Just thank you for the partnership. It's been great working with the team at the county. Our goal is to help and try to get our community back to a safe reopening as soon as possible. This is kind of an overflow from the Thomas Fire Partnership, and we're very proud to be working with the County of Santa Barbara in providing the staff and funding needed for this community.

Thank You Mr. Ortiz Does Mr. Romo want to add anything as well?

I don't, Mr. Chair. Thank you.

Thank you both for being available and thank you most importantly for your work and the wonderful collaboration with the County Department of Public Health. We really appreciate it. It was a moment of community need and I'm sure it will not be the last time that we collaborate so thank you very much. Next item is A55.

Chair Hart, members of the board. Administrative item number 55 is from the sheriff. It is to consider recommendations regarding California Forensic Medical Group CFMG slash WellPath annual report for health care services at sheriff detention facilities

in reviewing this report I didn't see any mention of the COVID-19 response and the medical contractors efforts to prevent the spread of COVID-19 in the jail and I think that's an important story that would be useful to have documented It isn't a matter of the timing of when the report was written necessarily because there are references to COVID-19 in the document specifically about the relationship of the National Commission on Correctional Health Care accreditation process. There's reference to that being stalled by Response to COVID-19. So I'd love to see this report updated and brought back to us with that kind of information. I think it's very important to document that as part of our response going forward to how we operate the jail, having that information in a subsequent report would be helpful.

I don't know if we necessarily need to not adopt this report but we need some additional information that gets into that element and I think that would address my concern.

And Chair Hart, members of the board. We do have Ryan Sullivan available on Zoom if you'd like any comments. Okay, that would be

great. Mr. Sullivan?

Chair Hart, members of the board, Commander Ryan Sullivan on behalf of Sheriff's Office. I'm joined today by our Health Services Administrator from WellPath, Amber Nunes. The reason for the lack of information regarding COVID was basically just a timing issue. It was that the contract year ends March 31st and the majority of our efforts related to COVID have been following that date.

However, we'd be happy to either amend the report or come back at a later date with further information regarding our COVID response and really the whole depth of our response in our plan in dealing with this COVID pandemic.

Thank you I think that's a great solution just a report supplementary report that you know And I appreciate that this timing period, you know barely overlapped your initial response. So thank you for that clarification. That's fine for me. And do we have a motion to approve the balance of the administrative agenda?

So moved Mr. Chair. Is

there a second? Second. Motion has been made and seconded any discussion? Madam Clerk, would you please call the roll?

Mr. Adam?

Aye.

Mr. Lavinino?

Aye.

Mr. Williams?

Aye

Ms. Hartman? Aye Chair Hart?

Aye

Motion passes unanimously

And now is the time for members of the public to speak on items that are not on the agenda today. Madam Clerk are there any requests to speak on items not on today's agenda?

Chair Hart and members of the board, yes we have five requests to speak on general public comment today. And they are all letters to be read into the record and I will begin with Sullivan Israel. Hello, my name is Sullivan Israel and I am a local Hispanic citizen. I appreciate the police. I value their bravery and courage to defund the citizens of this town from crime both violent and nonviolent. I've just completed my first year of college and it seems that many people my age are very angry with the police across America. Blaming them for racial injustice and violence. I however don't think that just because a police officer in Minneapolis killed a man means that the local police here in Santa Barbara, thousands of miles away or even in LA where 86% of the police force Our people of color are in any way associated with or to blame for the unfair death, assuming that would be akin to racism.

Just because one member of a large group does something wrong doesn't mean that all the rest are bad or to blame. When I see the number of police who have been hurt, shot at, spit at and yelled at over the past few weeks, I'm greatly saddened. The vast majority of these officers are only trying to do their job, protect the human rights Citizens as guaranteed by our constitution. When that document was written, there wasn't a single country in which the inalienable rights of an average person were protected. Tyranny and direct royal rule were the status quo. Societies lack due process or equality before the law. When our founding fathers wrote the Constitution over 200 years ago they stated that this new country would protect rather than violate these laws.

A police force was created to ensure these rights, and for the most part they have been doing their job well ever since. This is why when I walk down State Street and see police, I am comforted not afraid. I know that should be assaulted or robbed- I know that should I be assaulted or robbed or threatened, the police are there to help me and find the perpetrator. Without these officers, the tenuous line between civilization where business profits and people aren't afraid to sleep at night and anarchy would be broken as it would As it has been in recent weeks. Indeed, I recognize how lucky I am to have you the police here to protect me and my family because of how many countries still to this day are not safe for the average person to live or prosper.

In some of those countries, the police work with corrupt politicians to violently suppress civil rights and others to oppress or ignore the rights of women. While America isn't and never has been perfect, it has never descended into such violent chaos as exists in so many places today. That in large part is due to our police finding criminals and arresting them, freeing our society of fear. So I would like to speak out and say that as bleak as it looks now with so many young people ignoring this important history and facts, I am one young person who supports and highly appreciates my local police officers. Thank you for all that they do. Sullivan Israel age 20.

We will now go to public comment submitted by Yonah Zimmer. Good morning Chair Hart and board members, my name is Yonah Zimmer and I am the attorney for the owner of 869 Sandpoint Road Carpinteria area one of eight homeowners in the Casablanca subdivision this is to request your board to specifically consider and respond To our offer of May 15th, 2020 jointly submitted with Gaines and Stacy LLP proposing a global resolution of your notice of violation of January 7th, 2017 to the Casablanca Homeowners Association. We have just received confirmation through a public records request that there is no document reflecting any requests by the county for the Coastal Commission staff to initiate or pursue an enforcement action against my client. Jurisdictional issues aside, the county's continued failure to take a stand for your constituent Will directly impact her privacy, security value and quiet enjoyment of her property.

That said we remain willing to participate in a global resolution of the dispute with the Coastal Commission and the State Lands Commission if the county accepts our concept for resolution Please provide specific direction to County Council on these essential deal points and have them contact me. It is my view that these clarifications simply reflect the undisputed facts and the law. Please confirm, one, that you will not accept liability for or open a walkway within the easement recorded in 2011 or anywhere on or between the revetment and the homes because of the present and future hazards of wave run-up Two, that you are willing to accept a vertical access in the general location we have suggested as the only feasible alternative option for physical access across this property.

And three, that the incorporation of the terms Offered to dedicate into the county's resolution of acceptance in 2011, confirmed the county's intent that there is no duty to construct any public walkway on the HOA property until the Coastal Commission, the County and the State Lands Commission all approve necessary permits for such construction. Yana Zimmer, Attorney, Government Relations Consulting.

Thank you Ms. Zimmer. Supervisor Williams? I did want to just as a follow-up to that request that when time permits, that County Council give us an update in closed session on this matter.

Chair Hart and Supervisors certainly, and I could respond briefly now to the comment. This general comment letter refers to a case currently in litigation. The county was successful on a motion for summary judgment so there are currently no claims pending against the county. This past Wednesday June 10th we participated in a case management conference for litigation at which time we agreed to participate in settlement discussions among the private parties and the Coastal Commission It is our understanding that Coastal Commission enforcement staff will soon be setting dates for a potential meeting among the private parties and the agencies, including the county.

Coastal Commission originally planned to bring this item to closed session earlier, but now it looks like that will not occur until July. We are happy to continue communications with Ms. Zimmer and the other private parties, but this is a case where the county is not a live litigant in the case and essentially is being asked to be a lever with the coastal commission so we'll participate in the discussions, but there are no life claims on the county.

Thank you for that clarification. Next public comment?

We will now go to a letter by Peggy Wilson. Dear Santa Barbara County Board of Supervisors and county clerk, government should protect everyone equally without fear or favor. Our Declaration of Independence says we hold these truths to be self-evident that all men are created equal. Justice is blind. Justice demands equality under the law. Once justice is qualified by immutable characteristics of a person's skin or race etc., it is no longer blind. Law enforcement and first responders serve our community no matter the type of tragedy or natural disaster. They are the only agencies that answer the call in the middle of the night. Emergency preparedness must not be overlooked. As a community, we demand that you use caution and take time to act strategically when considering the best way to reallocate any services or funds removed from the law enforcement budget.

There is an immense push in our nation to defund law enforcement because of one officer who did unspeakable harm And to this country, all of America agrees. This was evil. This was wrong. I urge the Board of Supervisors to be measured as a whole country enters an age of policy reform but it is imperative that it considers the wishes of the entire community and not react in a detrimental manner to our Sheriff Department do not defund law enforcement. Thank you for your consideration Peggy Wilson.

Thank you

Miss Wilson

We will now go to public comments submitted by Jim Nell. Stop the craziness! I believe government should protect everyone, equally without fear or favor. As a business owner, I am continually challenged by a myriad of issues that require the services from and presence of police. As Santa Barbara struggles to rebuild from the economic aftermath of the last three months it is more important than ever to keep our city and its visitors feeling safe. The overall economic redevelopment of Santa Barbara depends on it. I urge the city council to be measured as our whole country enters an age of policing and policy reform, but it is imperative that it considers the wishes of the entire community and not react in a detrimental manner to our police force.

Jim Nell, SEMA Corporation.

Thank you Mr. Nell.

We will now go to a letter by Bobby McGinnis. Dear Santa Barbara County Board of Supervisors and county clerk, government should protect everyone equally without fear or favor. As a business owner I am continually challenged by myriad of issues that require the services from and presence of police. As Santa Barbara struggles to rebuild from the economic aftermath over the last three months it is more important than ever to keep our country and its visitors feeling safe. The overall economic redevelopment in Santa Barbara County depends on it. I urge the board of supervisors to be measured As our whole country enters an age of policing and policy reform. But it is imperative that it considers the wishes of the entire community, and not react in a detrimental manner to our Sheriff Department.

Also I recommend that the grand jury investigate systemic racism in all of our departments including the police and sheriff department. The safety of our community now and in the future depends On informed and not reactive decisions, please do not defend law enforcement. Thank you for your consideration Bobby McGinnis.

Thank you Mr. McGinnis

and that concludes public comment.

Thank You ma'am clerk next item is departmental item number one excuse me supervisor Hartman

I just had a comment, if I may. Fire season is here and on Sunday we had a fire in western area of Buelton and an evacuation order came while I was catching up on my email Sunday afternoon And on behalf of my neighbors, I would like to thank the firefighters from all jurisdictions across the county that deployed as well as the sheriff's deputies and the CHP.

It was heavy winds dry and really frightening. And in my case, to evacuate with six horses and three dogs and six cats is quite a thing. So 20 years in my area I lived without an evacuation, and now we've had three in the last 18 months. So I think that's a signal that things are changing so it's just a warning to all of us. I now have a bag packed, I have my animal carriers ready to go, and I encourage others to do the same because we're living in a different world today.

Thank you very much Supervisor Hartman, good advice.

Chair Hart and members of the board, departmental item number one is from the County Executive Office. It is a hearing to consider recommendations regarding a coronavirus disease 2019 COVID-19 update.

CEO Miyasato or is Ms. Anderson or Dr. Doronoso going to start us off?

Thank you, Chair. I'll be Dr. DiRenoso.

Good morning, Chair and members of the board. I am happy to be here to give you a somewhat lengthy report on data. And today's briefing topics include a presentation, a synopsis from our results from our countywide demographic data. We will also be covering the results from our Demographic survey of the Santa Maria cases. As well as giving you a brief status on our monitoring project, or rather the state's monitoring project of our county. As well as provide information that your board has requested in a previous meeting.

So to begin with, I'd like to introduce you to Miss Joy Kane, our senior epidemiologist who will be presenting on our countywide demographic data.

Thank you so to start. We're going to, first can you go back one slide? Sorry. So to start we're going to look at our confirmed cases that were interviewed by race and ethnicity through May 8th and there were 443 of those individuals. And this first graph shows the race ethnicity and 68.1% were Latino or Hispanic. As you can see here, in blue are the race ethnicity of our coronavirus cases and 68.1% of our coronavirus cases are Latino or Hispanic. In comparison 48% of the Santa Barbara population is Latino or Hispanic indicating an over representation of Latino Hispanics with Coronavirus.

Next we looked at categorized census tracts by percent living below the federal poverty level. The area poverty level with the highest age-adjusted rate was 20 to 30%, and that had an age adjusted rate of 141%. The next slide is looking at hospitalizations of those that were interviewed and 89 of our coronavirus cases interviewed were hospitalized, of which 56.2% were Latino Hispanic.

There were a total of seven deaths recorded during this time, of which 71% were Latino or Hispanic. In summary, looking at our confirmed cases as well as deaths we see higher numbers and percents among Latinos than whites. When hospitalized acuity as well as the length of stay in the hospital is higher among Latinos in comparison to other groups. There's a clear association between lower income and increased rate of testing and confirmed cases.

More persons with lower income are seeking out testing and are testing positive. The initial coronavirus cases interviewed by the public health department mostly had private insurance, this may indicate those with public insurance and those who are uninsured or not being tested. And there's a relatively low death count in Santa Barbara County as of that time.

So some strategies, one is to ensure access to testing for those in highly impacted communities. Also to integrate testing with care coordination for highly impacted communities. To facilitate access to other supportive resources, continue to support local national policies and alleviate the burden of this disease and promote more equitable investment in our communities.

And to provide more inclusive data collection, reporting and deeper analysis. To understand the unique risk and preventative factors among highly impacted communities. Also to continue with contact tracing and tracking. And to strengthen and tailor communication strategies to increase the access and conduct more robust outreach education and community engagement.

So some next steps for the Public Health Department include ensure those at high risk with coronavirus have access to health insurance, primary care and safety net programs as well as to continue to expand testing communities at risk for coronavirus. And if you check out our entire report, there's a little bit of additional information which I wanted to highlight including the percent of confirmed coronavirus cases by race, ethnicity and age group.

Confirmed coronavirus community cases by census tract, poverty level, age adjusted rates Confirmed coronavirus community patients hospitalized by race, ethnicity as well as ICU admissions. The length of stay of hospitalized community coronavirus positive patients who have been discharged by age group and the percent of Lompoc federal prison coronavirus incarcerated cases by race, ethnicity and age group.