Mon, Dec 16, 2024·Sacramento County, California·Board of Supervisors

Sacramento County Board of Supervisors Meeting - December 10, 2024

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What we have here is a very well-trained audience.

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Alright, we'll bring this meeting of the Sacramento County Board of Supervisors on December 10,

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2024 to order.

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Would the clerk please call the roll?

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Yes.

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Good morning, Supervisor Cerna.

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Here.

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Desmond.

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Here.

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Frost.

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Here.

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Hume.

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Here.

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Kennedy.

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Here.

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The meeting is scheduled to be held on December 5 and recorded with closed captioning.

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It is cable cast on Metro Cable 14, the local government affairs channel on the Comcast

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and direct TVU-versed cable systems.

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It is also live streamed at Metro14live.saccounty.gov and can be heard on 96.5 FM KUBU Radio.

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Today's meeting will be repeated Friday, December 13, at 6 p.m. on Channel 14.

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This meeting can also be viewed at youtube.com.

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Please be mindful of the public comment procedures to avoid being interrupted while making your

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comment.

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Comments made by the public during the Board of Supervisors meetings may include information

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that could be inaccurate or misleading, particularly concerning topics related to public health,

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voter registrations and elections.

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The County of Sacramento does not endorse or validate the accuracy of public statements

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made during these open public forums.

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The recordings are shared to provide transparency and access to proceedings of public meetings.

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To make a comment in person, please fill out a speaker request form and hand it to

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clerk staff.

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The chairperson will open public comments for each agenda or off agenda item and direct

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the clerk to call the name of each speaker.

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When the clerk calls your name, please come to the podium and make your comment.

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If a speaker is unavailable to make a comment prior to the closing of public comments, the

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speaker waives their request to speak and the clerk will file the speaker request form

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in the record.

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The clerk will also manage the timer and allow each speaker two minutes to make a comment.

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You may also send written comments by email to board clerk at satcounty.gov and your

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comments will be routed to the board and filed in the record.

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If you need an accommodation pursuant to the Americans with Disabilities Act or for medical

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or other reasons, please see clerk staff for assistance or contact the clerk's office

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at 916-874-5451 or by email at board clerk at satcounty.gov.

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Thank you in advance for your courtesy and understanding of the meeting procedures.

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Thank you, Madam Clerk.

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Please join me in the Pledge of Allegiance.

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I pledge allegiance to the flag of the United States of America and the Supreme Republic

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for which it stands, one nation under God, indivisible, with liberty and justice for

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all.

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Thank you.

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First item, please.

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First item are public comments relating to matters not on the posted agenda.

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Let me get the list here.

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Our first speaker is Ronald Owens.

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Ronald Owens.

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Good morning.

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Morning.

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Good morning.

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It's been more than three or four months since I've last been here.

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And I wanted to report to you that vaccines are still killing people.

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Since I've apprised this board and 57 other members of boards throughout California, more

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than 400 people have filed adverse events because of the COVID-19 vaccines.

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Two have died.

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One man and one woman don't know specifically what county that death occurred.

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Perhaps if their mortars and advisors had informed them about the dangers of the COVID-19

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vaccine, they would still be alive today.

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6.1, 1.6 million people have filed adverse events.

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And a lot of people have died.

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A lot of people have been injured.

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You have a responsibility morally and legally to do something.

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Thank you.

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Thank you.

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Next speaker, please.

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Julie?

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Julie?

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Julie?

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Julie?

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Julie?

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Julie?

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Julie?

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Julie?

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Julie?

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Julie?

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Julie?

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Julie?

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Julie?

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Julie?

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Julie?

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Julie?

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Julie?

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Julie?

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Julie?

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Julie?

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Julie?

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Julie?

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Julie?

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Julie?

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Julie?

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Julie?

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Julie?

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Julie?

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Julie?

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Julie?

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Julie?

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Julie?

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Julie?

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Julie?

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Julie?

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Julie?

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Julie?

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vaccine injured myself by the COVID-19 vaccine. I'm coming before you to demand an investigation

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and full halt to the administration of this product in your county. I also request you

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notify your residents immediately and remove all claims on your website to this product being

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safe and effective. If you were truly committed to your community's health you would survey all

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vaccinated and determine if they've been harmed and if so help them file a report into VAERS.

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Your public health advisory board should be directed to do a full investigation and go through

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all the information provided on the COVID-19 vaccine to make sure it's not misleading and

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is in the best interest of the community now that you've been noticed as to the toxicity of the

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product. This is my hill. As I've stated I'm vaccine injured. I suffered from microangiopathy

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tonight as I've had both retinas detached. I worked at Butte County Public Health Vaccination

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Clinics from January through June 2021 and I witnessed injuries at that clinic,

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effectively now becoming a whistleblower against the county. I was forced to quit my job at Enlo

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Health after they implemented the mandated booster shot which I cannot physically afford to take. So

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for the past two and a half years I've been a member of the medical freedom movement working

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with honest doctors, researchers and journalists from around the globe to fight this evil pharmaceutical

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product. There's an attack on our children, elderly and our precious military. We've decimated

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our military so many should be outraged. My mom, an otherwise healthy woman, was killed by four

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shots of Moderna down in Santa Clara County. So again this is my hill. I've got two criminal

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complaints filed with you county. I'll be more than willing to come back and speak to any one of you

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offline or otherwise. I've got a lot of resources here with React 19, former feds freedom foundation,

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American Health, Americans for Health Freedom which Sue Frost has signed and I appreciate your

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time today. This is important and we need to get these shots stopped. Thank you. Debbie Woolley.

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Good morning board. Happy holidays. I wanted to just call and I mean I wanted to show up this

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morning and let you know that the Constitution Discussion Group has been meeting now for two

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and a half years and we wanted to give you a gift today. There's a book out that's a best seller

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from the US Supreme Court Chief Justice Gorsuch. He has been going out on a book tour this year

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and he has been telling what we have been telling the Supreme Court for over two and a half years

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with over 10,000 notices that the Chevron doctrine and the agencies in the federal government

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are overdoing them, that they aren't really laws, that they aren't really courts and these agencies

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are going to be going away. So we wanted to give you a gift to let you know that

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the main object of government is the protection and preservation of personal rights, private property,

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public liberties and upholding the law of God.

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So Chief Justice Gorsuch says that I think we all see the problem around us. There is too much law.

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We hope that this gift will inspire each one of you. There is a QR code to an interview at the

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Ronald Reagan Presidential Library and showing that what he is saying about the real people that

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are being affected by these agency rules. In 16 seconds I'll just say that we are giving these

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to you in peace and with the love of Christ that you and your agents may provide due care to those

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who have all political power, the people. Thank you and Merry Christmas. Thank you. Next speaker please.

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The great news for today is that the tyrannical government of California is coming to its end.

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The California Supermajority Legislature has become so very corrupt. This path is not sustainable.

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The continuation on this path will certainly lead to the destruction of California.

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Whether you believe in God or not, God is giving everyone a choice to either be complicit in the

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downfall of California or take the steps to reverse course and make California gradient.

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Gavin Newsom and the Legislature are creating laws that are barbaric, so very backwards and

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downright evil. It blows our minds that the government has become so very tyrannical. Why should

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we allow this to go on any longer? It is amazing that we even have to ask the question. Do the

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Sacramento County Board of Supervisors want to remain complicit in California's most corrupt

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and failed election of all time? Do all of you want to throw America under the bus?

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We the people strongly urge a no vote for certification of the most corrupt election in our

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state's history. A vote to certify is a vote to throw America under the bus. Free elections do

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not exist in California. We must make elections free again. We must save the people's voice.

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I am certain that a vote for certification is not going to sit well with President Trump.

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I believe President Trump will be sure to remove each and every one of you.

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Assuredly, I am confident that many patriots will support this.

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Do the right thing. Do not certify California's election. We the people demand this.

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We the people demand a statewide recount and audit.

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I'm going to remind speakers that this is for items not on the agenda. Next speaker please.

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Hello, I'm Betty Holkwin with New California. As I sit here and view you and you view me,

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I am the people that you govern. I am the people that have to live under the rules that pass by your

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hands and you give your consent or you say no and you fight for me. I'm wondering why you're not

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fighting. Sue Frost, she does stand up and use her agency and her voice to stand up for the people,

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but why does CERNA seem to be put out by me speaking? Somehow I'm not a part of this or somehow

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this group of people that are elected into office have left the people behind. How can you go along

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with the DEI that has been infiltrating our lives? How can you pass these laws? How can you not stand

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up and do something about it? Why is it? What is it that's preventing you from doing the right thing?

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You have to know that it's wrong to not to certify this election if you think that

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you see something going on. How can there be mail-in mail-out ballots going at a pace that's

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unbelievable? How can you not be able to do anything on the local level and you're just

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going to comply with that? If you think anything is wrong with this election you have to hold the

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line. You have to not certify because when you don't certify the whole state comes to a halt.

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You have the opportunity in this time in history right now to stand up and be brave and do the

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right thing and that will have great implications for you. More implications than going along with

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the program. More implications for your political career that would be good and good for the people

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and the people would get behind you. The people would stand with you and you would finally find

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purpose in your life. Please do not certify this election. Thank you. Next speaker please.

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Good morning, Board. Good morning. Several weeks ago we all celebrated our unique American holiday

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Thanksgiving which stemmed from the Mayflower Compact where our Pilgrim Fathers formed their own

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government. From that point on Plymouth Colony elected their own leaders according to their own

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constitutional laws. A free people elects its own representatives and this is central to our history

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as a constitutional republic and it's radically contrary to the world's history under tyranny.

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Now the events of our recent elections have shown a different course back to tyranny,

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number one as I pointed out last week. A tyrant governor forbids voter ID in our elections

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contrary to both US and California constitutions. Number two, a tyrant governor in legislature

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extends our constitutional election day 29 days and counting votes afterwards 27 days. Number three,

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a tyrant governor and legislature ignores the HAVA requirements of updating our voter rolls.

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You, our county supervisors, were elected by we the people of Sacramento County and we expect you

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to stand up to these higher magistrates when they violate our constitutional election requirements

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for a transparent election. If you do not, you lose our trust and risk severe penalties and fines.

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When you do this and uphold your sworn oaths to office to uphold our constitution we will strongly

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and I say that honestly, we will strongly support you. Surely you must recognize that the undeniable

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fact that the American people are rising up as a free people to insist on our constitutional

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protections and transparency in our elections is going on all over the country. Each of us

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standing before you for the last five months represents no doubt a hundred who are not here.

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Are not here. We entreat and implore you as our elected county supervisors do not certify our

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county's uncertifiable recent elections and insist on a replacement constitutional new

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election that can be certified. Thank you. Next speaker please.

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Good morning county supervisors. Prior to election day 2024 we, New California State,

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reviewed some of the issues with the Help America Vote Act of 2002. At that time you had indicated

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that you were aware of the problems with the county voter rolls and you would look into doing

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something about the voter rolls in the future. Taking care of the voter rolls in the future did

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not resolve the issue with regard to the 2024 presidential election and this violates have

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requirements for accuracy and compliance in elections. If the voter rolls are not accurate

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and compliant the elections cannot be certified as compliant or accurate meeting the standards

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set within HAVA. HAVA was designed to provide a zero trust model for voting systems which

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include transparency to address trust issues when using electronic voting machines. Be mindful

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HAVA falls under the Civil Rights Act therefore certifying inaccurate and non-compliant election

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violates every U.S. citizen's civil rights. When elections are not accurate or the election laws

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have been violated not only is HAVA a federal law but because the county has accepted federal

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money pursuant to HAVA it is also contract law. Therefore this county entered into a contract

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with the federal government when it accepted funds under the Help America Vote Act. The

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Board of Supervisors voted to accept these funds. County councils signed off on the contracts.

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The ROV Clerk recorder agreed to comply with the terms of that contract. Therefore this

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citizen of Sacramento County recommends that you reconsider certification of this election

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as compliant or accurate. Thank you for your time. Thank you. Next speaker please.

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My name is Joel Holkman and I'm here to say we got to stay woke. Well I'm not woke and I've never

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been woke and I'm actually here to represent the silent majority of Californians who actually have

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a job to better the betterment of this society. And I want to say that the election I was a witness

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to the election on 2022 the midterms and you know we we we were in control of the watching the drop

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boxes and stuff and we followed the boxes down to the actual count. So I've heard comments being

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made about it's the voter rolls. The voter rolls I think really just is another way to buy yourself

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to a few more years. The actual problem is the count. I witnessed that and I've seen it.

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It's disgusting. Okay we made it in there. We were part of the GOP observers and we were must try to

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get muscled out of there so we didn't see what was going on there. On election night

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the dominion room. Disgusting. This machine's weren't even counting. Channel 13 comes in,

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does a photo op, total BS. Okay you guys the accountability and for people to actually believe

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that there's free and fair elections we have to have equal people in on the count. It's not

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the voter rolls. That's a joke. It is in the count room and it's

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you guys are just uh you got oversight over yourselves and of course you're gonna find

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nothing wrong. So real quick to Trump-proof California and obama obama-fi California that's

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not gonna work because everybody knows what's going on so do not certify it. Thank you.

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It is treasonous. Next speaker please.

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Good morning to you all. So for a while now we've been coming in. I know we're maybe a little bit

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of a nuisance to you all but we do care about you. I would respect you, respect the office that

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you're in. That's why we show up here. The number of grievances that any California could walk in

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and present to you is about as numerous as there are laws that are totally tyrannical. When you

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look at how voting went with the last election just consider the fact that you all participated

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in a voting process that made it illegal to ask for ID. Form follows function. Why would there be

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no accountability when somebody comes in to vote? That's absolutely absurd. It makes no sense.

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I could walk in and say I'm Patrick Kennedy. Vote and walk back out and who's gonna say no?

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Okay so the problems are obvious and I think that you guys are all very very sharp.

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This is why we come to you guys and we bring to you our grievances because we also know that you're

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in a position to do something. You have legal ground to do something and we want you to know that we

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100% have your back. Okay there are a lot of moving parts here in California. There's all

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kinds of crime. I've tried to study sex trafficking, tried to figure out about that. Why when we have

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six sex trafficking capitals in California across the United States right? The numbers are booming.

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Do we have such poor record of it? Where are these people going? Where are the kids going

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when they come across the border? I think that the estimation of hundreds of thousands of children

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going missing is far lower than what it actually is. It's foul but we're here to support you and we

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want you to know that and this is how it works. When the government becomes tyrannical at the

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high end you have to lean back on us and we will support you. You have constitutional presidents

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to do so. Blessings to you all. Next speaker please.

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All right first things first. I want to congratulate Sue Frost on her retirement

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with a successful career serving on this board of supervisors and I wish her a happy

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and prosperous retirement. Thank you Sue.

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Taking an excerpt from the declarations of independence, we hold these truths to be

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self-evident that all men are created equal and they are endowed with by their creator with

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certain unalienable rights. That among these are life, liberty and the pursuit of happiness.

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It goes on to say that whenever any form of government becomes destructive to these ends,

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it is the right of the people to alter or abolish it and to institute new government.

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The right to cast your vote and have it be counted efficiently is an unalienable right.

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These unalienable rights are protected by US Code Title 18, Section 242.

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The following summary states, Section 242 of Title 18 makes it a crime for a person acting

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under color of law to willfully deprive someone of a right or privilege protected by the Constitution

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or laws of the United States. It is not necessary that the offense be motivated by racial bias

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or by any other animus. By certifying a fraudulent election, you are nullifying our votes,

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along with all the other citizens of Sacramento County who voted in the 2020, 2022 and 2024 elections.

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You must cease from certifying this current election to protect yourself from Title 18,

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Section 242 legal issues. Thank you. Thank you. Next speaker please.

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Good morning. Bottom line, you must not certify the current 2024 election. The US Constitution

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specifically states that the election should be conducted and counted on one day, the first Tuesday

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after the first Monday in November. California continues to use an election season of 29 days

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before election day and 27 days after the election day. There have been several indications that

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fraud has tainted this election and until this is cleared up, you are putting yourselves in grave

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danger of violating US Code Title 18, Section 242. We are not asking you for an outcome. We are

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asking you to follow the Constitution. We need to have a reelection that is certifiable.

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With Donald Trump's electoral success, there will be a new sheriff in town

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and you will be held accountable for your actions. I noticed that you and your attorneys are taking

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notice of what have been said this morning. It's not a joke. You need to pay attention. Thank you so much.

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Next speaker please.

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So, Florence.

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Thank you. Good morning everybody. I'm Sarah and I just want to make a note before

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I'm going to put it in a moment. Yeah, I'm waiting for my turn. I want to take note of the folks

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that are standing behind me. They actually represent thousands of others that can't be

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here. They have jobs. They have obligations. We are not the few fringe. We are the masses and we

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are the constituents that you represent in your varying districts. So, I just wanted to make that

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noticeable. I also want to give you a little bit of history on New California. New California

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made its, declared its independence to separate from a tyrannical governance known as California

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because their executive and legislative branches openly declare their secession against the people

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now for years. And more recently, the governor himself declared secession against the federal

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government itself. We all saw this broadcast. He's made it very publicly known. California has

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broken the compact and guarantee clause of the Constitution Article 4, Section 4. We the people

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are fed up with this tyranny and that is why we will separate to become the next 51st State of the

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United States. The last time, the last State admitted to the Union of States in 1959, it's been a while

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and here is the process. I'm going to show you. Here's what happens. Congress votes on the admission

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of new states. Oops, I'm running out of time. Please give me a few extra minutes. And this

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admission bill for New California State will be presented on the floor of Congress very soon.

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We have the support from the new Congress, the Senate and the next president of the United States,

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Trump. Therefore, our new statehood is eminent. Why does this matter to the supervisors of Sacramento?

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Because look at the map. Sacramento will be one of the counties that will be separated. It'll be

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split. A portion will become New California State and some of your districts will be absorbed by

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New California. Thank you. Your time is up. I would like to finish, please. I want to extend an

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invitation to you to please consider attending our Town Hall and your door. I hope you have the courage.

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Your time is up.

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Madam Clerk, what's the next item, please? I believe that's the last public comment.

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Yes, it is. So we are on to Consent Matters, items 2-3-40. I do have a note here for item 36

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to continue this to January 28th. This is recommended changes to the County of Sacramento's

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General Assistance Policy. Second.

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Okay, unanimous vote and that's to continue to January 28th.

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That's all your notes. Yeah, that concludes the clerk's notes. Thank you. Okay, Supervisor Serna.

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Thank you, Chair.

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Can I get this to the lady of the group? Can I have you?

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Yeah, my staff will come on. Thank you.

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Thank you. I have a question on 30 and a comment on 34.

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Okay, let me read both of those into the record, Mr. Serna. Okay, 30 and 34. Item 30 is to approve a

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salary resolution amendment adding 10 FTE limited positions to support the implementation of jail

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pre-release services and 34 is the authority to execute an expenditure agreement with JCH pharmacy

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holdings. So this is a question. This is item 30, a question for Eric. And it's general, but it did

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give me pause because I know that we have ongoing efforts to work with the downtown Sacramento

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partnership on improving jail release policies and protocols. And I was just

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wondering whether the action being requested of the board today as it relates to this item

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will have any material effect on that effort.

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Yes, Supervisor Eric Jones, Deputy County Executive, Public Safety and Justice.

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So we are working on separately from this item on those downtown releases and

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linkages to services. We actually received a grant recently which we'll be implementing

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for 24-7 operation dealing with that, but that is separate from this specific item.

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What about as it relates to obviously our focus on the May's consent decree?

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Yeah, this item does put us toward compliance with the May's consent decree.

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Okay, I think that's an important note to make very publicly so that the right ears are listening.

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Yes. So thank you for that. Then on item 34, I wanted to express gratitude to

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Poochie's pharmacy. They have been a fantastic partner for years with Sacramento County.

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In particular, I want to publicly thank Dr. Clinton Hopkins and Joel Hockman, the two owners of

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Poochie's. They have two locations in the district I represent. And I know that what we're being

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asked to approve today has to do with ensuring that that partnership continues to blossom as it

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relates to HIV prevention and treatment services and resources. So back when we were going through

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COVID and certainly with the subsequent MPOCS outbreak, they were right there at the forefront

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with county health and working with Dr. Cossiri's staff to make sure that our constituents are

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staying healthy. So again, I think it deserves to be called out that they be thanked publicly this

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morning. That's all I have. Thank you. Thank you, sir. Mr. President Desmond. Thank you, Mr. Chair.

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I'd like to make a comment on items 20 and 21. If you just read them both together,

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I'll make comments on POPI. Yes, please. Item 20 is the contract for the Ardenway Complete

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Streets Improvement Project. And item 21 is the Watt Avenue Complete Streets Improvement Project.

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Both are award of bids. And thank you. And I just very briefly want to thank staff Dave and Ron,

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everybody at DOT, these two Complete Streets projects in pretty large, very visible, very well

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known commercial corridors along Ardenway from Fulton to Morse and Watt Avenue from I-80 to

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Roseville Road. These are great projects that are going to certainly, and I know this is only

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phase one of these projects, but it's going to do so much to improve these corridors in terms of

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safety for vehicles, for bicyclists, for pedestrians. And it's also going to be a huge aesthetic

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improvement in these communities. So I just want to thank you. I think these are really important

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investments that the county is making in these unincorporated areas. And it's directly proportional

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to the amount of constituent complaints I get. I want you to know that. This will help decrease

34:05

them. So thank you very much. Thank you, Supervisor Frost. I'd like to pull three and 11 for comments.

34:15

Okay, I'll read both of them in. For item three, this is the request to approval to apply for and

34:21

accept an award for the 2023 Wildfire County Coordinator Program Northern Grant. And you said

34:29

number 11, receive and file the contest results for the November 5th 2024 Presidential General

34:34

Election. Thank you. For item three, I just wanted, I had a conversation with Mary Jo Flynn this morning

34:42

who shared with me a little bit about this grant that we're applying for. I'm so excited

34:50

that the Department of Emergency Services and OES and DOT and Parks and so many departments in the

35:00

county have gotten behind those of us who are concerned regarding wildfire risk in Sacramento

35:06

County. And I just wanted to thank her. This is, seems small, but it would potentially give us

35:15

an employee from the county who's actually managing a program that coordinates efforts to make

35:22

Sacramento County safer. Even if the grants don't continue, the intellectual knowledge

35:30

behind that project would stay with the county. And I'm appreciative of Mary Jo's efforts to help

35:38

us in that. And then I just wanted to make a quick comment since we had public comments regarding

35:46

the election integrity. Item number 11, I didn't support the machines. I've over time,

35:54

as everyone knows, I've questioned the integrity of the machine. There hasn't once been a time

36:03

when HANG hasn't been able to answer my questions. I've toured the facility at, you know, the registrar

36:12

of voters and elections. And I believe that the county has done everything they can to

36:23

protect the integrity of our elections in Sacramento County. I still question the machine.

36:30

The dilemma that I have is if we dug into the machine and we opened it up and we were to prove

36:36

these things about questions about the machines, then we would retire that machine and we'd get

36:42

another machine that's sealed and we still wouldn't know if what was in the machine. So I'm not sure

36:48

how to prove there's a problem. And until I have proof, I don't know how to move forward except to

36:57

say that I'm going to vote to certify this election and continue to do everything I can to research

37:09

and understand the election process. It's fairly new. We started this a few years back. And there

37:16

are a lot of counties that have questions. There are some counties that have questions about it,

37:21

but it takes the political will of the board in order to have that conversation.

37:29

Anyway, I want to thank the county staff for all of their support in helping to get our questions

37:36

answered. Hang, you've been great. And I'm planning on supporting the certification of the election.

37:43

Thank you, Supervisor Hume. Thank you, Chair. Thank you, Supervisor Frost, for those comments.

37:49

I wasn't going to mention anything on item 11, but since it's been brought up, I would like to say

37:53

that come the new year, I would like us for again to have a workshop on processes we have in place,

38:01

how and why those processes came to be, and what we can do on our end to instill confidence and

38:09

transparency that what we are doing is correct and accurate. And what we can and cannot change from

38:15

a statewide perspective, because I think a lot of the comments that were made here today

38:19

are above what happens at the county level. And for people to understand that,

38:24

you know, we're damned if we do, damned if we don't. But that's not what I wanted to talk about.

38:28

I would like to make a comment on item number 38, please. Okay. Let me get there. Item 38 is the

38:35

We'll strike all that from the record then. Please do. It happens after every meeting, I'm sure.

38:40

This is the resolution appointing the directors to the Sluhouse Resource Conservation District.

38:46

Great. I'll echo these comments later on in the agenda, but I just wanted to say

38:51

that I appreciate these folks stepping up to serve their community. They are pouring into issues that

38:57

are important relative to that area of Sacramento County. And for them to be willing to sacrifice

39:02

their time in their private life to do it is to be commended. So I just want to congratulate the

39:07

three individuals that are being appointed to the Sluhouse RCD. Thank you, Supervisor. Okay.

39:14

Number nine, please. Okay. Number nine is to approve and concept an alternative

39:22

appointment process for individuals living with disabilities to reduce barriers.

39:27

First, I just want to say thank you to our county executive who, when I suggested that we go down

39:32

this road, he has been diligently pursuing it and much, much appreciated it. You went above and

39:41

beyond just doing what a supervisor asked, but you actually, I believe, took a personal interest

39:47

in this and I appreciate that. I would like though to, if Sylvester is available, to come to the podium

39:53

just to give a brief explanation of exactly or you can do it from there. I didn't see over there.

40:00

Just an explanation of how we got here and what it does because the board letters kind of vague on

40:08

details as far as what it actually will do. Thank you, Mr. Chair. Sylvester for our Deputy

40:15

County Executive for Admin Services. And thanks for the introduction. It's probably important to

40:25

state that we are just as excited about this program like you are and it's important to give

40:30

some sort of a backdrop into some of the actions we've taken since you last challenged the county

40:36

executive to explore ways of recruiting people with disabilities into the county workforce.

40:42

The first step we took was to visit the pride industry location. We got a chance to really

40:49

visit and see firsthand impressive operations of pride. We subsequently, in addition, visited

40:57

a job fair that was held to essentially target individuals with disability and over a thousand

41:05

people showed up. We actually walked to the floor, had conversations with a lot of folks that were

41:10

looking to seek positions into different corporations, including the county as well.

41:17

We had meetings and conversations and strategies and discussions with over 15 different agencies,

41:25

including the Bay Area, and essentially speaking to corporations and companies and public sectors

41:30

that have actually implemented programs targeted specifically to individuals with disabilities.

41:36

And at the end of it all in collaboration with the Department of Personnel Services,

41:41

we do have a draft document, albeit we're lacking a little bit of specificity only because we still

41:49

have a process to it, which is to take this action to the Civil Service Commission, hoping the Civil

41:54

Service Commission approves this document. So essentially the key is to create a pipeline

42:01

of bringing in individuals with disabilities once they've been certified by the Department of

42:09

Rehabilitation of Veterans Administration has been qualified for specific classifications.

42:15

We would automatically certify these professionals without having to take them through the testing

42:21

process. The Civil Service Commission guidelines right now requires examinations or testing for

42:26

everyone getting into positions within the county. Once these individuals have been certified as

42:32

qualified, we add them onto the eligible list. We skip the examination process and we identify

42:40

positions and we would begin to work with departments to try and integrate these folks into

42:44

county workforce. This would create not just a consistent approach, but a continuous influx

42:51

of individuals with disabilities into the county. It's the first of its kind for Sacramento County,

42:56

there's excitement behind this program and in a nutshell we think this is really going to open

43:02

the doors to changing the landscape of the county's operation and bringing individuals with

43:09

disabilities into the county community. We're excited about it. We're counting on the Civil

43:15

Service Commission to do the right thing. We've notified the Executive Director of the Civil

43:20

Service Commission the item has not been scheduled, but we expect to have this whole process completed

43:25

within the next few months and we will be happy to report back to the Board on some of the achievements

43:31

we've had if all goes well. Thank you. Thank you, Sylvester, to you and your staff and thank you for

43:36

that thorough explanation. I will just say from here, from the Dias speaking to the Civil Service

43:43

Commission that it is my hope that you will act post-haste and follow the direction of the Board

43:50

should we approve this in a moment and to get this agendized and get it taken care of,

43:56

let's put bureaucracy aside for what's doing the right thing. Any others? No. Is there any member

44:03

of the public? No, no comments from the public. Is there a motion? So moved. We have a motion to

44:09

second. Please vote. Unanimous vote. Next item please. Okay, so item 41 is the presentation of

44:18

resolution recognizing the retirement of Supervisor Sue Frost of the 4th Supervisorial District.

44:34

Good morning and I think we have a whole run-of-show here right to recognize the

44:38

president and Sue mentioned to me before we started that she does not like to be the center of

44:43

attention but you're going to have to gut it out for a few minutes Sue so I think you personally

44:46

to come down here with me. And I noticed that this resolution talks a lot about Supervisor Frost's

44:58

record in public service. It doesn't mention the the high demand of public service taking care of

45:04

your husband Jack Frost which I know takes a lot of your time and effort and attention but I do have

45:09

the honor of presenting you with a resolution from the board and this resolution talks a lot about

45:15

your your career in public service starting with volunteerism and then getting elected to the

45:20

city council and the city of Citrus Heights and certainly your tenure on the board of supervisors

45:25

and your emphasis on supporting small businesses, supporting emergency preparedness, supporting

45:33

really supporting your constituents and and you know I think we've all seen firsthand we don't

45:37

always agree on everything here but one place we've always been 100% aligned and certainly you

45:43

have been such a huge supporter of the direct service delivery to help people and improve

45:48

people's lives in Sacramento County and you have certainly been there with all of us right there

45:53

and done so much to change people's lives but as as a supervisor as a district that that is right

45:59

next to yours we've had the opportunity to work together and supporting some some nonprofits

46:04

and being involved in the community whether that's the Faroaks Orange Veil Food Bank which I know is

46:10

near and dear to your heart you've done so much for them to support them and then when you when you

46:15

took over a lot of North Highlands after redistricting a few years ago I've been able to see firsthand

46:21

the impact you've had in those communities and and the one thing I will say that I think is

46:26

for me I think probably a hallmark of your service here is even if someone disagreed with you even

46:31

if you disagreed with them you were always kind to them that was something that I think everybody

46:37

remembers you for and and when I went to your retirement party the other day that's the big

46:42

takeaway for me is the constituents you serve they they saw that in you they saw your sincerity

46:48

your kindness your care and compassion for them and that's really I think your legacy and a hallmark

46:53

of your service too and and something you should you know be so proud of because because I have

46:58

felt that and I and I watch you know I've been in in government for a long time working at the

47:03

state level and I tended to watch elected officials and what they were like when no one was looking

47:07

when the cameras weren't on them when people weren't watching what they were doing how did they treat

47:12

others whether that's a custodian or a security officer just someone on the street and and you

47:18

are certainly that elected official that regardless of who the person was you were kind and receptive

47:24

and accessible to them and that that says an awful lot I think about your character so

47:29

I've been honored to serve with you and and I'm honored on behalf of the Board of Supervisors

47:33

to extend our gratitude and appreciation to Supervisor Sue Frost for your service commitment

47:40

and contribution to the people of Sacramento County we thank you Sue for your years of public

47:45

service and extend our best wishes for a joyful and fulfilling retirement thank you

47:58

you're you're you're not up yet I forgot my I forgot my notes can I go get them

48:12

supervisor Hume if it's okay chair I'll wait till soon she gets her nose herself again here

48:21

and I want to thank supervisor Desmond for all of his comments I echo

48:25

everything he said as far as what I have witnessed but I would just like to add that

48:32

when you first were running for this position and we had conversations I shared with you that your

48:38

moral compass made me question the strength of my own convictions and and standing up for your

48:45

beliefs even when they're unpopular is perhaps one of the most ethical things that a public

48:51

servant can do and I would just say that when I look at certainly folks with whom I agree and

49:02

even those with whom I disagree if I can analyze what's in their heart and come to the conclusion

49:08

that they are doing what they believe to be in the best interest of the folks that they are serving

49:13

whether they agree with them or disagree with them that is the mark of character that that

49:18

supervisor Desmond was was referencing and I believe that you showed that in spades I know

49:25

personally that this job takes a tremendous toll on the individual mentally certainly on our private

49:32

lives and on our home lives and so I thank Jack for all of the sacrifices he has made during your

49:38

tenure and I know that he's being selfish and wanting to enjoy a retirement as are you and that

49:44

was a factor in your decision and I think that that is absolutely something that we all work toward

49:49

is being able to enjoy the fruits of our labor when while we still can and so I know that you

49:55

have plans to abandon us here in California but and I'll leave my heart here leave my heart in

50:04

California there you go and I just want to thank you again because I know that the the rigors of

50:11

this job and what it takes to commit yourself and your your calendar and your mental acuity and

50:20

health in some cases because of the breadth and scope of things that we have to keep juggled in

50:24

the air at all times but I think that you absolutely in your heart of hearts represent what you believe

50:32

to be right in everything that you do and I commend you for that and I commend you for your service

50:39

and I wish you well in every aspect of your life from this point forward.

50:43

Thank you Pat. Thank you Supervisor Will stated. Mr. Villanueva.

50:48

Congratulations Sue on your retirement I know you've been planning this for a little bit

50:52

and also just thank you for the work that you've done in District 4 and the city of Citrus Heights.

50:57

I talk with the city manager there quite often and and he still talks about some of the work

51:02

that you've done there so congratulations on leaving that legacy there. In honor of your service

51:09

the county executive team leadership team and members of the board are making a donation in

51:13

your name to what I understand is one of your favorite charities which is Citrus Heights Heart

51:18

so I've asked Diane Ebbett to come here who's standing behind you to present the

51:24

a little certificate and talk about Citrus Heights Heart and what they're doing

51:28

and and the benefit that they've provided the community so Diane.

51:33

Well I didn't think I would get emotional. I've known Sue for a long time and yes the one thing

51:43

about her is she is truly sincere. Citrus Heights Heart is very grateful to have her on our team.

51:52

She has a heart for Citrus Heights Heart and in fact in October of this year Citrus Heights Heart

52:00

awarded her with the Humanitarian Award for Heart. Also I thought was very very remarkable on how well

52:10

everybody knows how much you love heart. This is something that we received in the mail.

52:19

Dear Kathy Lin, in clothes please find a contribution to Citrus Heights Heart

52:27

in honor of Sue Frost on the occasion of her retirement from the county of Sacramento.

52:35

Basically what happened was your the executive county executive staff did not want to get you

52:44

something. What they wanted to do was donate to your favorite charity in your honor. Thank you.

52:58

But we can give picture with it. Thank you Diane and and I know Sue you have some construction

53:03

projects on your horizon. I've heard Barnum Minium spoken about many times along the river

53:11

and it's so exciting. I've myself wanted a Barnum Minium. That sounds like a great a great thing.

53:17

So just congratulations again and best wishes to you and Jack going into your next phase of your life

53:23

and I hope everything becomes as happy as you wish them to be. So thank you. Thank you. Thank you

53:28

Mr. Villanueva and Diane and I'm not sure that that's a word. Mike Martel. I try to text you but

53:36

I must not have this to open my phone. Chairman, Board of Supervisors, Madam Clerk,

53:46

Jack, we brought you a plastic bag. No. This we represent behind me is Mike Martel, Randy

53:56

Janko and Rod Hart representing the Homeowner's Association and Community Service District.

54:03

Sue you've been wonderful to us. You've assisted us. You've given us leadership.

54:09

I echo what some of the supervisors have said about your character, your beliefs and just your

54:17

guidance to our communities been tremendous. And with that as a community leader out in

54:25

Marietta, these are very, very hard to come by. This was personally made by Rod Hart and it says

54:33

in appreciation to Supervisor Sue Frost for her dedication to Rancho Marietta community.

54:39

So I couldn't be happier for you and Jack. I also agree she is abandoning us but we do have a

54:48

personal life and we respect that but from all of us sincerely.

55:07

Can we get a picture with all of you? Can you dim the lights? That usually works better.

55:18

All of us. We're getting old.

55:34

Thank you. And yeah, when we're done here, thank you guys so much.

55:37

Oh

56:07

Okay, Madam clerk.

56:12

Well, I'm going to try not to cry, but the board knows how much I love you all.

56:25

So this picture has a little bit of us, so you get to take us with you.

56:32

We have, this represents the Board of Supervisors, the county executives and the clerk of the

56:37

Board's office.

56:38

It's beautiful.

56:39

No, I know where to find you.

56:42

I don't have your DNA, but I have your signature.

56:54

Supervisor Frost, I just want to let you know that you have really been special in my life.

57:00

I remember when you were elected to Regional SAN, and that's where I first met you.

57:08

To see you then become elected as a Board of Supervisor, it's been an honor to be able

57:13

to be your clerk and to be the clerk of this board.

57:18

And I just want you to know that you have left an imprint on my life, and that Psalm

57:23

1-3 was the first scripture that I thought about, because you are like a tree planted

57:29

by the river.

57:37

Okay.

57:38

Can I get a picture with you?

57:44

Yes.

57:45

Or I probably can't get a picture with everyone.

57:48

Yeah, I was, whose fingerprints are on here?

57:53

Can everyone?

57:54

Can I get a picture with the whole board?

57:57

I'll give you all the details, but as the board is at Board, all the districts, the

58:03

CEO's executive team and the clerk of the board team, we all wanted to do this for you.

58:10

We just want you to have a little bit of us.

58:13

I'm not forgetting something.

58:15

Is everyone here?

58:16

Okay, here you are moving out.

58:18

So you're not going to bring everyone whose fingerprint is on here?

58:21

They are, and they are welcome to join us.

58:25

And so let's turn this way.

58:27

Or should we go in there?

58:28

Yeah, that's fine.

58:29

Maybe you're easier.

58:30

Yes.

58:31

Yes.

58:32

So there we go.

58:35

I'm going to get one.

58:40

I try.

58:41

There's a break.

58:43

There are some missing people.

58:46

Okay.

58:47

Yeah.

58:48

Wait, there's more coming.

58:55

Wait, there's more coming.

59:02

I know.

59:09

I'm short though.

59:22

Wait, hold on.

59:32

This is better.

59:34

Oh, okay.

59:36

One more time.

59:41

Thank you.

59:42

Thank you.

59:43

Okay.

59:58

Next up, Renée McClain White.

1:00:09

I'm going to get the timer on me.

1:00:14

Please don't put the timer on me.

1:00:16

I don't get to speak.

1:00:18

You're already killing my record here.

1:00:25

Supervisor Frost, as you've been fondly rebarred by me is the last few months as short timer.

1:00:32

It's my, a hello board members list start again.

1:00:35

My Toastmaster skills have just went out the window.

1:00:38

I'm going to go ahead and put the timer on.

1:00:40

I'm going to start with a quick question.

1:00:43

I'm going to start with a quick question.

1:00:46

I'm going to start with a quick question.

1:00:48

Is this a question that has been asked a lot?

1:00:51

I'm going to start with a quick question.

1:00:54

It's my honor and pleasure to stand before you to give your flowers while you let live on her.

1:00:58

I would like to present to you your flowers.

1:01:01

This quilt has been created for you and honored to remember your day serving as a district for supervisor.

1:01:06

I hope you enjoy your life and may God bless you on each endeavor.

1:01:09

Your kindness and soft spoken spirit will truly be missed.

1:01:13

Thank you.

1:01:14

Thank you.

1:01:15

I still have your Halloween stuff.

1:01:25

That's so beautiful.

1:01:27

I can't even believe you.

1:01:29

It's signed by everyone.

1:01:36

Do I have to wash it carefully?

1:01:39

Just wash it.

1:01:40

Just don't dry it.

1:01:41

I want to make sure I don't ruin it.

1:01:44

Or should I just, no, I don't want to frame it.

1:01:46

I want to get in it.

1:01:48

Please use it.

1:01:49

It's going to look great in the barn dominium.

1:01:53

See, it is a wedding.

1:02:00

Oh, that's beautiful.

1:02:09

I don't know if all the supervisors started, but it's so lovely.

1:02:14

To thank everybody that participated, that signed it for her.

1:02:19

That is beautiful.

1:02:20

Thank you.

1:02:21

Thank you.

1:02:22

Thank you.

1:02:23

I wish you luck on your endeavors.

1:02:25

Okay.

1:02:26

District 4 team.

1:02:29

So vice-president, I want to honor you and give you this token of our heart and flower.

1:02:58

That you will flourish wherever you go.

1:03:00

And since today is your last day, we want to acknowledge you also.

1:03:08

And we want to put this slash over you.

1:03:11

So you're officially retired.

1:03:13

You're officially retired.

1:03:15

Oh, wear this all day and into the night.

1:03:19

You look like a lot.

1:03:21

So I have a date tonight.

1:03:23

It looks like a Latin American presidency.

1:03:30

Officially retired.

1:03:32

So I don't want to be emotional.

1:03:34

I'm trying to hold on to my strength here as well.

1:03:38

So I wrote down a little bit of what you know, it's meant to me.

1:03:43

Sue, I want to thank you for giving me the opportunity to work with you and for believing

1:03:49

in me.

1:03:50

Your tenacity and strength in what you believe is admirable.

1:03:55

And your leadership has been truly inspiring.

1:03:59

We will miss you dearly.

1:04:01

We will miss those taco Tuesdays, lunch meetings, three chicken tacos, chips, salsa, and guacamole.

1:04:09

Thank you for everything you do for us and for your constituents.

1:04:13

And we show you all the best in this exciting new chapter of your life.

1:04:19

Thank you.

1:04:21

I love you.

1:04:23

Thank you, Supervisor Frost, just for everything that you've done for the team, for your district.

1:04:39

It's been an honor to serve you and your constituents.

1:04:42

And thank you for giving me the opportunity to serve you and wish you the best of luck

1:04:47

and Jack as you move on to greener pastures.

1:04:51

And I'm definitely going to miss our walks to the doco.

1:04:55

Many, many fun conversations.

1:04:57

And I would say that probably the most memorable moment with you was definitely the real Linda Christmas parade where I was dressed up as the Grinch

1:05:07

and I had a bunch of steam coming out of my head.

1:05:11

So I'm going to miss you so much and I love you very much.

1:05:16

Thank you.

1:05:30

I thought I'd be taller, but I'm starting to step towards something that comes down great.

1:05:36

You can stand in the middle of them sitting.

1:05:38

I actually have to, I'm dangling my feet when I'm sitting up there.

1:05:42

I know, I do pretty short.

1:05:44

So Sue, thank you so much.

1:05:47

Thank you for the opportunity that you have provided me.

1:05:50

You have been amazing as a boss, one of the best bosses that I've ever had.

1:05:57

You always have been principled, true to your word, compassionate and not afraid to think for yourself.

1:06:05

Something a leader should always have and be.

1:06:10

I want to mention again to me, unfortunately, I'm not retiring.

1:06:16

So you have been the best boss I've had so far.

1:06:19

So thank you for that.

1:06:21

It's truly been an honor and I wish you and Jack the best in your endeavors.

1:06:28

And I hope to come and visit and I hope you guys come visit as well.

1:06:32

You have to.

1:06:33

Thank you so much for everything, Sue.

1:06:35

I appreciate it.

1:06:41

And these are for you.

1:06:43

Oh, my favorite.

1:06:45

She knows my favorite.

1:06:47

Let's...

1:07:11

All right.

1:07:14

Mr. Jack Frost.

1:07:18

And you should see how they decorated my office too.

1:07:23

It's amazing.

1:07:33

Good morning, everybody.

1:07:36

First thing I want to do is I want to thank an amazing staff.

1:07:43

Serving the needs of her constituents was, I think, the most important priority for Sue.

1:07:51

And Vicki Lee, her secretary and Forest Johnson, her special assistant.

1:07:57

Denise Marsh and her chief of staff.

1:08:02

Your hard work, your loyalty, your friendship was the gift that just kept on giving.

1:08:10

Week after week, month after month, the staff was there meeting the needs of her constituent,

1:08:16

preparing Sue for all the various events that she had to go to.

1:08:20

And I just want to thank them from the bottom of my heart.

1:08:23

Thank you so much.

1:08:25

You guys really knocked it out of the ballpark.

1:08:33

For me, it's been quite an amazing journey.

1:08:39

In 2012, Sue decided she was going to get in the political world and she ran for city council in Citrus Heights.

1:08:49

Second year, she became vice mayor, mayor in 2015.

1:08:55

And then when Roberta decided not to run again, a lot of county leaders came to her and asked her

1:09:01

if she'd run for county supervisor and she did.

1:09:06

And that was a new world for me because I got to learn how to put signs up and got to learn how to sort of assess her

1:09:15

and knocking on doors.

1:09:17

I think between the three campaigns that we ran together, we must have knocked on at least 20,000 doors.

1:09:26

And what was really amazing to me knocking on the doors was the reception from the people.

1:09:34

First of all, they were quite surprised because most of them had never had an elected official knock on their door

1:09:42

and ask them their thoughts about what can I do to be a good leader in the community.

1:09:51

And the one thing that Sue did when she was out there knocking on those doors is she made one promise.

1:09:58

And the one promise that she made was that she would study every issue that came before her on the city council.

1:10:06

And she would study both sides of every issue, that she would listen to her constituents,

1:10:12

and that she would make decisions that she felt were in the best interest of her community.

1:10:17

And she used that formula all the way along.

1:10:22

When it came to public policy, she had a really simple formula for public policy.

1:10:29

The first thing was, is it constitutional?

1:10:33

Second thing is, can the taxpayer afford it?

1:10:36

Is it something that is sustainable?

1:10:39

And the third litmus test was, is it in the best interest of the community?

1:10:46

She took her job and her oath very seriously.

1:10:51

And she really loved mingling and listening and informing.

1:10:55

She really loved the time that she spent with her constituents, I think more than anything else,

1:10:59

whether it was at a community event or whether it was at one of her district town hall meetings.

1:11:07

And I'll never forget one of her community meetings that I was at.

1:11:12

This was probably about two or three years into her term.

1:11:19

A lady walked up and she put her hand on my shoulder and she said,

1:11:24

Jack, I just want you to know I'm a Democrat and I just love your wife.

1:11:31

Of course everybody knows my wife's a conservative.

1:11:35

So I said, you mind if I ask you, what is it about her that you love so much?

1:11:42

And she said, well, I read her newsletter cover to cover every single month.

1:11:48

And I watch the way she votes.

1:11:51

And you know, I don't always agree with the way she votes.

1:11:54

But when I listen to her and I listen to her explanation, it's pretty hard not to agree with her.

1:12:02

And I think that is the most telling thing about Sue and her approach to the way she has done her job,

1:12:10

is that she does listen and she does study.

1:12:14

And it's really very important to her that the decisions that she does make are in the best interests of her constituents

1:12:21

and in the best interests of her community.

1:12:25

I think she set the bar really high for how to properly represent her people.

1:12:31

I've been proud to be a part of this and to be at her side every step of the way.

1:12:39

And I know I'm really most proud of the promise that she made, that she would never forget who she worked for and she never really has.

1:12:47

I'm proud of her. I'm honored to be here today to celebrate her.

1:12:52

I love you, sweetheart. And I'm looking forward to our next journey so much.

1:12:57

Thank you.

1:13:08

And now, Supervisor Frost, you have the mic.

1:13:12

Thank you. Well, what Jack didn't tell you is that we didn't always agree on all my votes.

1:13:20

And there were times when we had marriage fights over it.

1:13:23

And Jack, anyone who knows Jack knows he's not shy.

1:13:27

He's pretty outspoken when he thinks what he thinks.

1:13:32

And so am I.

1:13:34

So at the end of the day, I'm the one that should be thanking Jack because I don't think it's easy to live with someone who's a public servant.

1:13:44

You know, they work hard and they're always somewhere else.

1:13:47

And there's a lot of people in your life.

1:13:51

And there's times when you want to say things and you really can't because your spouse, who is the public servant, is saying, no, just don't say anything and let me handle it.

1:14:03

And so I thank you, Jack, for your support over the years and for all the times, you know, during the campaigns.

1:14:14

There were times during the campaigns when you're so tired, you're on your knees and you're like, can we get through this?

1:14:21

This is hard.

1:14:22

Campaigns are not getting the job is an interview with thousands of people.

1:14:27

And then once you get the job, you have to figure out how to do it.

1:14:30

And that's two different things.

1:14:32

But, you know, you may be so qualified, but if you can't win, you don't get the job.

1:14:56

I'm pretty overwhelmed by everyone who's here.

1:15:02

I want to thank all of you for making my last day special.

1:15:07

It means so much to me.

1:15:11

It's not easy.

1:15:14

You know, it's not easy.

1:15:17

It is bittersweet because I love my job.

1:15:21

I love California.

1:15:23

But Jack and I are really excited about our next adventure.

1:15:27

So I am thrilled about that.

1:15:29

I want to thank you for caring and for being here.

1:15:34

The first thing I want to do is thank my husband and my mom who we got started on this path in 2011 when someone asked my husband if I would run for city council.

1:15:50

It was not even on my idea to run for a public office.

1:15:55

I'm not political, as you may know.

1:15:58

And it was Jack and my mom who decided they were going to really start out with a big rah-rah.

1:16:06

And I said, no, we are not spending our savings on a campaign.

1:16:11

If we can't raise the money, then we don't deserve to win.

1:16:15

And they went out and spent $750 on Sioux Frost for city council shirts, which I'm still looking at every day because Jack still wears those shirts, even though they're worn out.

1:16:28

And...

1:16:36

So because of him, I feel like I was able to duplicate everything I did, and that's what helped me win.

1:16:44

There was no way people could outwork the frost because we really... we were just... we outworked them every time.

1:16:54

I want to thank the people who supported me along the way, the voters, and the people who supported me in small and big ways.

1:17:04

There's people who gave $5, and people who gave a lot of money over time, and some of them are here.

1:17:15

I remember my first meeting with Mike Martel, and he said, do you know who I am?

1:17:22

And I didn't know he was a former prison warden and someone who was politically involved in Rancho Marietta.

1:17:31

And it was... from the very beginning, he was one of my dear friends.

1:17:39

It's been an amazing experience working with a fairly large county, over 38 or 39 departments and 10 or 11,000 employees.

1:17:51

And the broad scope of work that we do on the board is intense, and I can confirm that every person on the board works really hard for their district.

1:18:04

I want to thank my District 4 team who got me through the last two years of my career as a politician.

1:18:15

You know, in the beginning you have a ton of energy, and at the end you're like, I got to keep my head in the game, and they got me through, and I thank you all for that.

1:18:26

And I want to thank the board for the kind respect that you have shown me along the way.

1:18:35

David Villanueva and all of the deputy county executives, I want to thank you for the exceptional way that you and all the staff at the county have supported me.

1:18:54

I know you do it for all of us, but without the county staff, there's a huge amount of knowledge that comes across our desk, and we couldn't pull it together.

1:19:07

There's too much information coming at us from too many places, and it's this county staff that help us with that.

1:19:14

And I want to thank all of you for all of your help along the way.

1:19:21

There are many county staff who came to my meetings to help support my constituents, my community meetings, the Sheriff Hot Team, the Department of Transportation, Code Enforcement, Human Services,

1:20:01

Taxation without representation.

1:20:05

It was, they had imposed my name on the dollar bill, and it was an escalation, I guess, at the time, and everyone was nervous, but I kept that dollar.

1:20:15

It's like a moment.

1:20:18

That was an exciting start.

1:20:22

I want to thank all of you for taking time in your evenings to those of you that did to help with initiatives and help with communications.

1:20:35

I want to thank Kim Nava, who and the whole PIO team, who have been just beyond wonderful in helping us communicate in a professional way.

1:20:50

There are actually times, you know, when I get really nervous, I get shaky, and if you're too shaky, you can't read it well because you can't see it.

1:20:59

And Kim, you made it so easy for me, and I want to thank you for giving me that, and your team.

1:21:07

I know it's not just you.

1:21:10

I especially want to thank Dr. Cassiri, who has worked with me over time.

1:21:16

Right up to yesterday, she was still working on getting me answers to questions.

1:21:22

I don't think she's here today, but regarding data from the public websites that I'm questioning regarding the effectiveness of the COVID-19 shot, and everyone knows that I've been, I have questions.

1:21:39

And she's done that in a very professional way, and during a difficult time, we went through a difficult time together, and even if we don't always agree, I think she's, I want to thank her for her professionalism and for all of her hard work.

1:21:59

Leadership is standing up for what, at first, might be unpopular in the way it presents itself.

1:22:08

It's about doing your own research, not just going with the crowd.

1:22:12

It's about listening to the community and not just the insiders.

1:22:17

It's been a great honor to serve my community and my county.

1:22:24

I love all of you.

1:22:25

I will never forget you.

1:22:28

I feel like this is only a part of my journey.

1:22:31

I don't think I'm done, even though I'm old, maybe old.

1:22:37

I don't see myself sitting in a swing under a tree type thing.

1:22:42

I think we'll do that for a couple months, and then Jack and I'll be figuring out what dust we can kick up somewhere else, because that's our nature.

1:22:51

We've always been that way.

1:22:56

Jack and I are going to a place where they raise everything but taxes.

1:23:04

We're so excited about it.

1:23:08

We have 15 acres on the river.

1:23:10

We have 850 feet of riverfront.

1:23:13

A boat came with the land, so we get to learn how to fish.

1:23:16

We've never done that.

1:23:20

We built a barn to Minium.

1:23:23

We decided we anticipate a possible economic decline in the coming years.

1:23:30

We built the little guest house first and decided to stay in that until we determine if we're staying in that situation or if we're going to jump into another.

1:23:40

It's an adventure, and we're looking forward to it.

1:23:45

I want to thank all of you for everything over the years.

1:23:54

It's hard to leave, and it's hard to say goodbye, but God bless you and God bless Sacramento County.

1:24:01

Thank you for the wonderful send-off. That was very nice.

1:24:15

Thank you.

1:24:25

Thank you, Supervisor. We still have business to conduct.

1:24:29

I think we have a public comment.

1:24:31

Two public comments.

1:24:38

Julie?

1:24:43

Did Julie leave?

1:24:47

There she is.

1:24:56

It's really an honor to be here on this day, and I didn't plan on being here this day when Sue Frost was retiring.

1:25:01

She and I haven't met, but I know much about her.

1:25:04

When I ran for county supervisor in Butte County, she was one of the ones that I actually kind of modeled a lot of things after, and she doesn't know that.

1:25:11

One of the things when I pulled up the resolution that I wanted to make sure you all knew about here in Sacramento County was this pledge that Sue Frost was the only elected official in all of California to sign.

1:25:22

Americansforhealthfreedom.org.

1:25:25

Dr. Mary Tally-Bode and a very brave doctor out of Texas set up this pledge when we entered in this election season and asked for any elected official or candidate who wanted to stand up for medical freedom to sign this pledge.

1:25:39

And Sue was the one and only person in California elected to do so.

1:25:43

I was the first candidate that signed up for this pledge.

1:25:46

So I just wanted to read really quick what this pledge means and then encourage the rest of you to sign it as she moves on.

1:25:52

Over 17,000 physicians and scientists have called for the modified mRNA COVID shots to be pulled off the market.

1:25:59

A growing group of elected officials and candidates have joined the effort to send a strong unified message to Congress, pull the COVID shots off the market.

1:26:08

As of 11, 19, 2024, there are 228 elected officials.

1:26:13

Sue's one of those 228.

1:26:15

Six candidates, the Surgeon General from Florida, one state Republican Party, one state congressional district, 17 Republican Party County Committees and seven physician organizations pledging to call for the COVID shots to be pulled off the market and not to take donations from big farmers.

1:26:31

So Sue, it's been an honor to be here today while you're moving on and I wish you all the best and I will teach you how to fish.

1:26:37

Thank you.

1:26:38

Ronald Owens.

1:26:48

I wanted to echo what Supervisor Hume said about standing alone.

1:26:55

Sue Frost has touched my heart.

1:26:57

I've only known her for a short period of time, but I greatly respect her for standing alone.

1:27:05

I've told her that she will be vindicated regarding her stance regarding the COVID-19 vaccines.

1:27:13

She has worn you guys and it's fallen on deaf ears, but she has planted seeds that will grow.

1:27:22

I greatly respect you.

1:27:24

I admire your courage.

1:27:28

I believe you're the only political official throughout the entire world who stood against the COVID-19 vaccine.

1:27:37

She's working on the outside.

1:27:39

I was working on the inside at the California Department of Public Health.

1:27:43

Our paths did not cross until recently.

1:27:47

So thank you, Sue, for everything you've done.

1:27:51

You've inspired me.

1:27:53

You've inspired others.

1:27:56

And I really appreciate your stance on behalf of humanity.

1:28:03

What about people?

1:28:06

Philip Sunder does not know this, but his father was my teacher at Sac State.

1:28:14

He used to call me Big Ron.

1:28:16

And I have met with another Supervisor at Hume regarding this issue.

1:28:22

I've requested to meet with Patrick Kennedy.

1:28:25

I've requested to meet with Rich Desmond.

1:28:28

My heart is for people.

1:28:31

And this is what Sue Frost's heart is for people and for humanity.

1:28:39

Thank you for your service.

1:28:41

May God continually bless you.

1:28:44

May his blessings pursue you, overtake you, and envelop you, you and Jack Frost.

1:28:52

Thank you.

1:28:53

Thank you.

1:28:57

Okay, that brings this episode of This Is Your Life Sue Frost to an End.

1:29:02

Your washer and dryer are out in front.

1:29:06

We're going to take a 10-minute recess and have a small reception out in front.

1:29:24

Call this meeting back to order.

1:29:26

Would the clerk please call the roll?

1:29:28

Yes, Supervisors Desmond, Serna, Hume, Kennedy, and you have a quorum.

1:29:35

Okay, so we are now onto item 42.

1:29:38

This is to introduce an ordinance amending Title IV, Chapter 4.36 of the Sacramento County Code

1:29:43

relating to massage establishment and providers, and approve resolution amending the fee structure

1:29:48

for massage establishments and providers.

1:29:50

Wait full reading and continue to January 7th for adoption.

1:29:55

Good morning, Chair Kennedy, members of the Board, Chaturinde Director of Finance.

1:29:59

I hear presenting an ordinance update for massage establishments and our massage providers.

1:30:06

And so our massage establishment ordinance was last updated in 2016.

1:30:11

Since then, we've still seen a high rate of illicit activities in massage businesses.

1:30:18

That is evidenced by the fact that we have had 33 revocations of massage licenses over the past two years.

1:30:28

And massage license revocations are for severe violations of our ordinance.

1:30:33

Presently, we have 133 licensed massage establishments so that number does fluctuate from month to month.

1:30:41

The Board did consider fee updates at the August 6th and the September 10th Board meetings.

1:30:47

However, we ultimately held our fee updates at that time to consider some input from the Board

1:30:55

as well as to pair that with the ordinance that you see before you today.

1:31:00

Finance during that time from September 2 now has worked closely with both a group of local industry stakeholders

1:31:10

that are in the massage industry as well as the California Massage Therapy Council

1:31:16

who issues licenses for massage therapists related to our ordinance update.

1:31:21

There are three key areas within our massage ordinance update.

1:31:25

They affect the rules around providers, establishments, and as mentioned, we have some proposed changes to the fees before you today.

1:31:32

We also have notified all of the licensed massage establishments of today's hearing and of the key changes that are proposed before you.

1:31:44

Related to our massage providers, the most significant change that we are proposing for our massage providers

1:31:51

is to require that new massage providers will need to be certified by the California Massage Therapy Council.

1:31:58

This is a higher level of certification than is presently required where at present we only require 500 hours of massage related education.

1:32:07

And this is a trend among municipalities to have this higher requirement.

1:32:12

It is required locally in the cities of Citrus Heights, Roseville, and Rancho Cordova for reference.

1:32:18

Those providers that do not have this level of certification but are presently licensed with the County of Sacramento would be allowed to continue.

1:32:27

They would be deemed in our ordinance a legacy provider.

1:32:29

And so as long as they maintain their licensure, maintain their CPR and maintain their insurance requirements,

1:32:35

they would be allowed to continue to provide massage services within the unincorporated county.

1:32:41

Massage providers that do not operate out of a commercial establishment operate as a home-based business.

1:32:48

We'll need to have both their certification or license and then a general business license as well.

1:32:55

They will not be required to get a commercial establishment license as a home-based provider.

1:33:00

Now transitioning to updates to the rules for establishments.

1:33:05

We have a number of key updates that I'll run through relatively quickly.

1:33:09

The goal of our updates really are to strengthen our massage ordinance to prevent illicit activities from happening in the massage while still being balanced

1:33:19

and making sure that we are supporting those providers that are compliant that are following our ordinance.

1:33:26

We are asking new applicants to provide their operational history similar to a job applicant might provide their history,

1:33:32

where they've been previous licensed, what were the outcomes, have they had suspensions, revocations, or other adverse actions against their licenses.

1:33:39

So we can see if they would operate that business in an upstanding manner.

1:33:43

Massage establishments would be required to provide a registry of their employees.

1:33:47

That way we know who is working in the establishment.

1:33:50

This is really intended to help our inspector staff that when they go out to establishment, they know who's working there, who's supposed to be licensed.

1:33:57

It'd be able to quickly determine are there unlicensed providers operating at that location.

1:34:02

We have a planning item that is after this that also affects massage establishments, but we are proposing in conjunction with this ordinance.

1:34:12

Right now there is a way to be exempted from certain distancing requirements in our present ordinance.

1:34:18

We are looking to close that exemption where new establishments would need to be a thousand feet from other establishments and sensitive uses if massage is the primary use of that location.

1:34:30

Excuse me, Chad.

1:34:31

Yes, Supervisor Hew.

1:34:32

No, Supervisor Cerna.

1:34:34

Thank you.

1:34:36

Just before we leave the slide, Chad, I'm wondering relative to the first bullet there.

1:34:42

Yes.

1:34:43

What will the, I guess, the applicant or the operator be required to provide in terms of how do they fill out the form?

1:34:54

In other words, to demonstrate their history.

1:34:58

Are we asking them to give us a narrative, a two paragraph essay on what?

1:35:04

Think of it like a job application where you would indicate, do you have a start date?

1:35:09

Do you have an end date of a license?

1:35:10

What's your license number and other jurisdiction?

1:35:12

And then kind of have you had any adverse actions against your licenses in a past jurisdiction?

1:35:18

So they'll be express questions.

1:35:21

It'll be questions for them to populate.

1:35:23

So if they have had a violation, they've had a revocation, they've had a suspension, they'll be required to kind of list that as part of their history.

1:35:32

If we do find that they haven't been truthful with us as the Sheriff does their background investigation, obviously a lack of honesty could be some reason that the Sheriff may not feel that they're going to operate the business in an upstanding manner.

1:35:46

And then relative to the last bullet there, the last sentence, in terms of revocation and permanency of that, I assume that we have a very detailed,

1:36:02

effort in place or initiative in place that would seek to really scrub the operators history for DBAs so that there's no confusion about an operator that may have been found to hosting elicit acts in the past.

1:36:28

And then they change the name of the operation and try to get back in business, so to speak.

1:36:37

That is part of the ban is trying to prevent that owner from obviously setting up a new establishment under a different name.

1:36:45

And our ordinance also restricts the ability of, and is going to look carefully at family members that are then applying because that can be sometimes evidence that someone is trying to be a straw applicant, if you will, on behalf of somebody else.

1:37:03

So those are things that we will scrutinize very carefully.

1:37:31

Yeah, and that's our goal is to the extent we can to prevent those from getting in the door.

1:37:36

Obviously the cheapest way is instead of trying to close an illicit business, if we can prevent somebody that is trying to, that's previously operated a massage business and conducted illicit activities to prevent them from opening another one where they're likely to have the same conduct, it's cheaper to prevent that than to later try to take action against them.

1:37:55

Thank you.

1:37:58

A few other key updates. We are based off provider requests allowing them to have a security camera facing their their their lobby. We have been such that was the misestablishments that have indicated they've had break ins and other thefts.

1:38:12

And so we are allowing them to have a camera where previously we did not worried that that may be a construed to be an early warning device of an inspection.

1:39:46

For administrative efficiencies in processing suspensions and revocations, we're asking to remove that secondary appeal from the ordinance and have the appeal solely be to a hearing officer.

1:39:58

If a business is not content with the hearing officers decision they would still have the ability to take action through the Superior Court.

1:40:31

The reason that these have come down is we have added that administrative violation.

1:40:35

We do expect that we will have, based on our past history, some level of violations and penalties assessed.

1:40:42

We also added a reinspection fee to our fee schedule that if there are violations and we have to go through extra effort to go back out,

1:40:48

that we charge that back to the business creating that need for the reinspection.

1:40:53

We did look at other fee schedules in the area and decided that ultimately the best approach in conjunction with talking with our industry stakeholders was to have a lower fee for sole providers

1:41:07

and a higher fee for establishments with two or more providers, a multi-provider establishment.

1:41:13

And so this ultimately is the fee schedule we're proposing before you.

1:41:17

We are proposing one fee for deletion that we would not charge a fee for a special business license for providers that are already licensed by the state.

1:41:27

So there's one fee elimination that's presented to you that would benefit those providers that hold a state CAMTC certificate.

1:41:36

With that, I'm happy to answer any questions.

1:41:40

I do have representatives from my team business licensing here.

1:41:43

There are representatives of planning as well if there's questions.

1:41:47

So I know they have the next item related to zoning code amendments.

1:41:50

And I've got representatives from Sheriff and County Council as well.

1:41:53

Mr. Rezegam.

1:41:55

Thank you, Chair.

1:41:57

First of all, I appreciate staff and my colleagues' patience as we kind of whittle down through this thing.

1:42:02

I know that I've maybe thrown up more objections because there is a legitimate reason to try and tamp down on the elicit happenings at certain

1:42:12

businesses, but as one who enjoys the therapeutic benefit of massages and my sister who makes a living being a sole provider as a massage therapist, this hits close to home.

1:42:22

She was a sole provider in a BP zone.

1:42:26

And because of the change in landlord and rent escalation, she's now forced to be providing that service out of her home, which I understand would be allowed to continue.

1:42:36

And I know that there are some things that I might ask that are going to be pertinent to the next item and some things that might be covered under this item.

1:42:43

So please educate me as to which is which.

1:42:46

The allowable use in a BP zone is for the next item, as I understand it.

1:42:52

That's correct.

1:42:53

Okay.

1:42:54

But the distance separation requirement is a part of this item.

1:42:58

Is that correct?

1:42:59

So I just want to make sure that we have a couple of scenarios out there that we are trying to get the best of the best.

1:43:10

I just want to make sure that we have the best of the best.

1:43:12

I'm just going to put the distance separation all into the ordinance to try and have one go to place for current providers and future providers for massage, trying to get as much into the ordinance as we could.

1:43:20

Okay.

1:43:21

Thank you.

1:43:22

All right.

1:43:23

So and I'm going to go back to the last two speakers who wanted to share expenses of being in the same location, but they wanted to be their own individual businesses for tax purposes, whatever, I don't know.

1:43:32

As I understand it, they would be prohibited from sharing a common location because each of those licenses would have to be 1,000 feet apart.

1:43:42

That is correct.

1:43:43

And lest they are an incidental use.

1:43:45

room that's less than 25% of the activities of another establishment.

1:43:50

For example, a hair salon, beauty salon.

1:43:52

So unless they are an incidental use, you are corrected, we prohibited.

1:43:56

And so that provision for me, I find seems to be a prima facie,

1:44:03

I believe is the legal term.

1:44:05

I'll look to my colleagues here.

1:44:07

Repudiation on the legitimacy of massage providers as a business.

1:44:12

Why subjugate them to being an incidental use to a chiropractor or

1:44:18

a gym or whatever use that occupies a building.

1:44:22

Where in now it seems like you would be creating a cottage industry of

1:44:26

subletting to a massage provider.

1:44:29

And then I would question whether or not you would come into a situation where

1:44:33

that might run afoul of AB6 provisions regarding gig work.

1:44:38

So I'm just trying to peel back the layers of the onion on this to make sure

1:44:42

that we have looked around the corner.

1:44:44

We've anticipated some of these issues and that we are enacting policies that we

1:44:48

believe get us to where we want to be.

1:44:51

Yeah, I think what we were trying to close in our approach was that presently in

1:44:56

our massage ordinance, there is in the zoning code presently,

1:44:59

there is a thousand foot requirement.

1:45:02

However, there has been an exemption that if the owner is CAMTC certified and

1:45:07

their employees are CAMTC certified,

1:45:10

that they are able to exempt themselves from the thousand foot requirement.

1:45:14

That is reviewed at the time of application.

1:45:16

But what we found is then those businesses have an exemption that over

1:45:21

time their business changes.

1:45:22

They hire providers that aren't CAMTC certified.

1:45:25

They go from being a sole proprietor that's a CAMTC certified individual to

1:45:30

adding employees.

1:45:31

And so that one point in time check has allowed that current distancing

1:45:37

requirement has really not been effective, as I guess the way I would say

1:45:40

that.

1:45:41

And so we wanted to strengthen that zoning requirement.

1:45:43

And we really want to make sure we have a strong handle on that we have a

1:45:48

compliant industry for massage in Sacramento County before we allow further

1:45:55

loosening of that approach.

1:45:57

So that was the staff thinking in it, Supervisor.

1:45:59

I just give you a little bit of context.

1:46:01

And so, and I appreciate that.

1:46:03

I am not meaning to suggest that thought didn't go behind any of these.

1:46:07

I just want to make sure it was fully vetted and the unintended consequences

1:46:11

are also examined.

1:46:13

And so the scenarios that I've just mentioned, do you feel is there a way

1:46:19

to bridge that gap or a way to still recognize that these individual

1:46:24

providers, the sole proprietors, are small businesses in and of themselves?

1:46:29

And are we being overly onerous is what I'm trying to?

1:46:34

I think the alternative is to loosen up the zoning requirement to provide

1:46:40

more pathways for sole proprietors to have an exemption if that's the

1:46:47

board's desire.

1:46:47

So that is something that could be a possibility.

1:46:51

The way that we've ordered it right now, it narrows that to when they are

1:46:55

an incidental use.

1:46:56

Often incidental uses are smaller spaces, smaller treatment rooms that could

1:47:00

be fitting to sole proprietors, but that may not be the only place that they

1:47:05

want to locate their business.

1:47:07

Okay, I look forward to further discussion on this item.

1:47:11

Supervisor Desmond.

1:47:13

Thank you, Mr. Chair.

1:47:14

And thank you.

1:47:15

I want to echo, I want to thank you, Chad, for all your efforts to slow down

1:47:19

and certainly Supervisor Hume's efforts to kind of just slow down and engage

1:47:22

with more stakeholders about this.

1:47:24

I mean, I think we all know what our challenge is here, what we're trying

1:47:27

to solve for, we're trying to solve for the illicit or trying to drive out the

1:47:31

illicit industry while not so hamstringing the legal providers that it

1:47:36

negatively impacts their ability to do business.

1:47:39

I just want to be clear on this item specifically.

1:47:42

If we're going to have a discussion with planning about maybe restructuring some

1:47:48

exemptions or ability of providers to give them a little more latitude or

1:47:52

flexibility to be within a thousand feet of each other, that we'll have that

1:47:55

discussion, we'll be able to make that decision in the context of the next item.

1:47:59

Is that correct?

1:48:00

There's pieces of the distance and requirement in here as well as there's

1:48:04

requirements of the zoning where they can locate in the zoning code as far as

1:48:08

not being in the BP zone.

1:48:10

And so if there's a desire to talk about that holistically, I don't know what

1:48:15

the capability is to have Todd present and then the board to deliberate

1:48:20

collectively on the direction of staff.

1:48:23

I wonder if that's a better way to go.

1:48:24

Because I'm kind of confused about what I should, I mean, because I'm thinking

1:48:27

about Supervisor Hume's scenario he brought up, which you have two individual

1:48:33

sole providers in one establishment.

1:48:36

If they're independently licensed, they're in violation.

1:48:39

If they're not an incidental, they're in violation of the thousand foot rule.

1:48:42

And I think that that is probably counterintuitive to what we're trying to

1:48:47

solve with that thousand foot rule.

1:48:48

I mean, the thousand foot rule is really about, in my district in particular,

1:48:52

because we all know the vast majority of these are in District 3,

1:48:56

seeing strip malls where you have neon signs advertising massage services,

1:49:01

maybe just next to each other or a few doors down from each other all in a row.

1:49:05

And I can cite several examples, including four within a stone throw of my home

1:49:10

in Carmichael, on Faroq's Boulevard.

1:49:12

That is a different scenario from the scenario that Supervisor Hume is outlining.

1:49:16

And I just want to make sure if we are going to maybe provide some additional

1:49:19

flexibility in that thousand foot area,

1:49:23

are we having that discussion properly here or after Todd's item or when?

1:49:28

No, I heard from Blake, our County Council representative, that the exemptions to

1:49:32

the distancing are best put into the massage ordinance,

1:49:35

given our intent to try and put that together for the providers and the establishments.

1:49:42

So we do have the distancing language in there.

1:49:44

If you'd like to broaden that exemption to extend to other scenarios,

1:49:51

we can do it in this item.

1:49:52

Okay, and then before we, I think, get to that discussion,

1:49:56

as part of your stakeholder engagement and how you referred to some other municipalities

1:50:02

and you looked at their ordinances, is anything we're doing kind of an outlier

1:50:07

from what you saw with those other jurisdictions that you cited specifically?

1:50:11

I don't see anything that's an outlier that the trend has been to require the CAMTC certificate.

1:50:18

The trend has been to require that registry of employees.

1:50:22

So when you go out to inspect, you know who's going to be within the massage establishment.

1:50:29

So you can ensure are there unlicensed providers.

1:50:32

So what we've seen is largely consistent with where the industry is headed.

1:50:37

And we did work closely with the California Massage Therapy Council that would

1:50:40

provide a lot of input on best practices of what we should include in our ordinance.

1:50:44

Okay, and with respect to that issue that we're wrestling with,

1:50:50

with the distance requirement here and sole providers kind of sharing a space,

1:50:54

how in your survey of other jurisdictions, how they handled that or did that come up?

1:50:59

The distancing requirements vary.

1:51:02

There are a lot of jurisdictions that do not have any distancing requirements

1:51:05

between their massage establishments.

1:51:07

And then we found that there are sampling of jurisdictions that do have a distance foot separation requirement.

1:51:16

And so whether they exempt the sole proprietors or not also depends.

1:51:23

So there's not consistent to the point of do you need distancing?

1:51:26

And if you do have distancing, do you provide an exemption for certain size of businesses?

1:51:30

Okay. So we have the distancing exemption for incidental uses, correct?

1:51:36

That does not apply.

1:51:37

Then I would say, I mean, I support this item if we also incorporate a distancing provision

1:51:45

that exempts license providers, even if it's not just incidental,

1:51:49

license provider sharing a space because I think the distance requirement should relate

1:51:54

to actual the physical facility, the distance between physical facilities.

1:51:59

That would be my preference.

1:52:02

If that makes sense.

1:52:05

And you're prepared to throw that into a motion leader.

1:52:08

Yes. Okay.

1:52:10

That's all we've got.

1:52:11

Right for now, is there a public comment?

1:52:13

We do have public comments.

1:52:14

Kim Austin is our first speaker.

1:52:17

I want to thank Chad for allowing us to help work on this ordinance over the past few months.

1:52:35

And for your wonderful staff for also participating in this and for zoning.

1:52:41

And thank you for Board of Supervisors for postponing this to this date so we could work on that.

1:52:48

I am in support of this ordinance, but as you guys have addressed the distance requirement

1:52:54

and sensitive use, it does put a burden on legitimate massage therapists.

1:53:00

We are healthcare workers.

1:53:01

We're not criminals, so hopefully we can move past this and close those imposters down.

1:53:08

And then for section 0.36015 for the massage manager, it shouldn't just be limited to a massage provider.

1:53:18

Massage therapists weren't trained to be managers.

1:53:21

It's not what we went to school for.

1:53:24

So good managers are already hard to find.

1:53:26

This is just limiting the job pool more.

1:53:29

So I hope we can all work together in the future and help elevate the massage profession

1:53:34

and close down the imposters.

1:53:36

Thank you.

1:53:37

Thank you.

1:53:40

Next speaker.

1:53:40

B.J.

1:53:51

Good morning, everyone.

1:53:52

I'm B.J.

1:53:53

Pitts, CMT with the certificate, CAMTC certificate 552.

1:54:01

It's been a pleasure trying to, not trying, it's been a pleasure working with staff and

1:54:05

trying to work out our differences.

1:54:08

I had a couple things that I would like to talk about and that's the sole provider, sole

1:54:14

practitioner and the thousand foot that is really putting, doesn't allow being part of

1:54:22

somebody else's business, does not allow you to really be perceived or the feel of having

1:54:27

your own practice.

1:54:31

And so I would like the sole provider recognized in the ordinance and then the definition of

1:54:39

sole provider added to the definition list.

1:54:43

The distance between massage businesses does not curtail the illegal business just severely

1:54:48

limits the massage and business.

1:54:53

And in doing this, please remember that there are bad apples.

1:55:00

It is no reason to shut down honest career paths and that's what the private practice

1:55:05

is, is really a career path and with having that thousand foot really inhibits it.

1:55:12

And I want to know, are we going to talk on item 43 separately?

1:55:17

Yes.

1:55:18

And so I just want to leave this with, please remember because there are bad apples, it

1:55:25

is no reason to shut down the honest career paths.

1:55:28

Police departments don't shut down nor do departments in general nor do city cap slash

1:55:34

county councils when bad apples are called out.

1:55:39

So try not to shut down our business in trying to deal with these bad apples is what we're

1:55:46

really asking for and the recognition of sole providers.

1:55:51

Thank you.

1:55:52

Thank you.

1:55:53

Next speaker please.

1:56:08

Because it's still morning.

1:56:10

It is.

1:56:11

Good morning.

1:56:12

My name is Tony Psychotis.

1:56:13

I've been a certified massage therapist for 30 years.

1:56:16

I will try to make this brief.

1:56:18

There really are two items in this ordinance which otherwise I think is staff has done

1:56:24

a magnificent job with this.

1:56:28

You asked if there were outlier provisions and one of them is 4.36.015 requiring that

1:56:35

a manager who has to be on site in a business must also either hold a Sacramento County

1:56:41

provider license or a CAMTC certificate.

1:56:45

For operations like day spas this is an unreasonable imposition.

1:56:50

It doesn't necessarily put the best person in the job.

1:56:53

It does not get the county any higher level of enforcement.

1:56:56

In the ordinance as it exists managers are held accountable in the same way that owners

1:57:01

are.

1:57:03

So to add this layer where an owner who would not be a credentialed provider would not even

1:57:08

be able to manage their own establishment if that's what they chose to do is going to

1:57:13

be a burden to multi-therapists operations think day spas.

1:57:19

So I encourage you to take a hard look at that and remove that requirement if you see

1:57:24

fit.

1:57:25

Okay.

1:57:26

The second thing is you guys have covered this well so I will also be brief about this.

1:57:31

The thousand foot requirement is old school massage regulation.

1:57:35

It doesn't do anything to do affect how a business is run.

1:57:40

It only makes sure that there are fewer of them.

1:57:43

So I think that the things you've already discussed are steps in the right direction

1:57:49

and that I hope that you'll come up with either eliminating entirely or a carve out that at

1:57:54

least supports the practice of sole practitioners.

1:57:58

I'll get 15 seconds left.

1:58:00

Chad and Karen and Kathleen and Emma and Wendy have all been magnificent and patient through

1:58:08

this entire process.

1:58:10

So thank you.

1:58:12

Thank you.

1:58:13

Next speaker please.

1:58:14

If you guys all have hard copies of the comments that we made because if you don't I have these.

1:58:20

You got it.

1:58:25

Hello.

1:58:30

I'm Beverly May.

1:58:31

I'm director of governmental affairs and human trafficking for the California massage

1:58:35

therapy council.

1:58:36

I'm mostly here to answer any questions you might have on the California massage therapy

1:58:40

council or and the state massage therapy act.

1:58:44

No massage ordinances are ever perfect by nature as they need to navigate competing interests.

1:58:51

The jurisdictions need to protect the public and communities.

1:58:55

The consumers desires for safe accessible massage services and the professions desires

1:59:02

to be treated with respect under fair and reasonable regulations and fees.

1:59:08

Sacramento County has done an admirable job trying to balance these goals.

1:59:14

The California massage therapy act looks forward to and I do have the same concerns as the

1:59:20

massage therapists other massage therapists have shared the California massage therapy

1:59:27

council looks forward to supporting the county as it implements this new ordinance when it

1:59:32

gets passed.

1:59:34

Thank you.

1:59:35

Thank you.

1:59:36

So rather him.

1:59:37

Yeah.

1:59:38

Ms. May.

1:59:39

Ms. May.

1:59:40

Since you offered you were here for questions I do have a question.

1:59:43

Would the massage therapy council do you have or could you implement a certification program

1:59:48

for spa managers or business managers so that they could be certified from the CMTC but

1:59:54

not necessarily therapeutic providers?

1:59:57

That would be have to be under statutes and our law is under sunset review in 2025.

2:00:05

So that could be something submitted to as a proposal to the legislature.

2:00:10

Okay.

2:00:11

But right now we don't have that authority.

2:00:13

We have authority to certify massage therapists who apply and qualified and schools that wish

2:00:21

to have the graduates qualify.

2:00:23

Okay.

2:00:24

Thank you.

2:00:25

Supervisor Serta.

2:00:27

Thank you.

2:00:29

Question of I guess Chad in forgive me I'm scanning the strike through version of the

2:00:38

ordinance trying to find the reference to the I guess the permission for the one camera

2:00:46

and the reception area that faces the I guess the register or the reception desk but not

2:00:53

the doors correct.

2:00:56

That's an element of this.

2:00:59

Let me find a section.

2:01:01

Supervisors on the strike through it's I believe it's page 17.

2:01:05

17.

2:01:06

Thank you.

2:01:08

The question is and maybe it's here so.

2:01:12

The last sentence on page 17.

2:01:13

So forgive me.

2:01:16

And maybe yes.

2:01:18

So this doesn't seem to address my concern.

2:01:21

Here's my concern.

2:01:23

As many of us have probably come to realize with the advent of the plethora of camera

2:01:31

remote camera options for you know our own private residences and the popularity of those

2:01:37

devices.

2:01:39

They are oftentimes sold in a manner where you can easily change the perspective of the

2:01:47

camera.

2:01:49

You could have a camera that is has a wide enough angle lens to it that you can capture

2:01:54

both capture in this case probably both the front door and the reception desk.

2:02:02

So if I'm missing my apologies but do we get elite and get at this issue with express

2:02:10

language or is there an element in the definitions that says you know camera you know it makes

2:02:18

reference to a camera that is not going to inadvertently not achieve what we're attempting

2:02:26

to do with the language regarding the anticipated focus just on the reception area.

2:02:35

I think our language was not contemplating the scenario that you have where their attempt

2:02:39

is to do other than what we've specified here of really trying to have safety in that front

2:02:44

lobby area at the registration desk.

2:02:47

That was really one of the requests from our providers and we felt that that was reasonable.

2:02:52

Could they attempt to use that as an early warning device?

2:02:54

Yes but generally they would more likely put that outside the establishment to be able

2:03:01

to have a wider vantage point of the street and other areas.

2:03:06

So is it possible that they would use it in a manner?

2:03:08

Yes but it would depend on their location, their facility and how they angle that.

2:03:14

If there was suspicion of that we would look at that carefully during inspection.

2:03:18

I guess what I'm getting at is does it make sense to maybe put in the definitions sections

2:03:24

some reference modified reference to the camera device not being able to be manipulated.

2:03:38

A lot of these establishments have glazing in the front so I suspect there's probably

2:03:45

even the technical ability to have a camera with a wide enough field of view or a camera

2:03:52

that could be manipulated later to focus outside of the establishment through the glazing to

2:04:00

provide early warning.

2:04:02

So I don't have a huge dog in the race here just because I represent mostly the incorporated

2:04:11

area so this is certainly a subject that is affecting districts differently.

2:04:18

However, I'm hearing from my colleagues pretty clearly that while we don't want to throw

2:04:25

the baby out with the bathwater which I do appreciate, we do want to make sure that

2:04:29

this is going to be stringent enough so that as was mentioned earlier the bad apples hear

2:04:37

clearly from the county that you are expected to perform in a certain acceptable manner.

2:04:45

So I don't know if the supervisor Desmond Nehume have opinions on that but to me it

2:04:53

seems like again with the nature of the technology it would be very, very easy to turn that camera

2:05:01

language on its head and turn it into an early warning mechanism.

2:05:11

We could add clarifying language that the intent of it, the camera is for provider safety

2:05:16

and it should not be used in a manner that would have it serve as an early warning device

2:05:20

if we want to close that thought and if we discover that it is being used in that manner

2:05:25

we would still have kind of a linkage to try and address it.

2:05:30

Thank you, Supervisor Desmond.

2:05:31

Thank you, Supervisor Sernay.

2:05:32

I know I don't want to put them on the spot but I know we have the sergeant in the special

2:05:37

investigations unit in the Sheriff's Department here and I'm curious what he might have to

2:05:40

say about it but I think language like that might be good maybe during the inspection

2:05:43

if it's discovered that this camera has the ability to be manipulated to capture that

2:05:50

or something or is being used for that purpose, you know, that maybe that triggers a violation

2:05:54

or something.

2:05:57

My thought was simply in the definitions section have under quote unquote camera, permanent,

2:06:04

you know, angled camera, something that I'd leave it up to folks that can craft the language

2:06:11

much better than me but some language that says that the camera is expected to be on

2:06:18

the reception desk only and maybe a camera that doesn't have a ball joint plate or something

2:06:28

like that work and just quickly become a very convenient early detection device in my estimation.

2:06:37

And I would note that generally when there's violations there's more than one that the

2:06:42

camera may be indicative of other issues upon inspection and so if we find that there may

2:06:48

be other things that are found.

2:06:51

All right we have no more public comments so it is what's the desire of the board?

2:06:58

Nobody's punching in.

2:07:01

Mr. Chair would there be any advantage to hold off taking action on this till we have to

2:07:07

hear the planning one or do we have to take action on them?

2:07:10

If you wish to do that there's no reason we could.

2:07:12

Would you mind if we do that if you could do it with me?

2:07:14

Sure.

2:07:15

I'd ask for that.

2:07:16

For now and we'll hear the next item.

2:07:18

Thank you.

2:07:19

Read the next item.

2:07:21

Item 43 is the 2024 massage ordinance zoning code amendment a zoning ordinance amendment

2:07:27

to amend chapters one three and six of the Sacramento County zoning code related to review

2:07:32

of massage establishments and providers and non-conforming use county wide and the determination

2:07:38

is a notice of exemption.

2:07:43

Good morning almost afternoon.

2:07:45

Chair Kennedy and members of the board Wendy Hartman principal planner with planning and

2:07:50

environmental review here to present the 2024 zoning code amendment related to massage establishments.

2:08:05

As you've already heard this amendment is being processed concurrently with county code amendments

2:08:10

to chapter 4.36 pertaining to massage the zoning code chapters that we're proposing to amend

2:08:17

as part of this effort is chapter one general provisions chapter three use regulations and

2:08:23

chapter six administration.

2:08:27

In order to provide you a little context the zoning code was amended in July of 2016 and

2:08:33

introduced the requirement for the minor use permit and distant separation requirements

2:08:38

for massage establishments as a means of trying to prevent illegal oper activities and poorly

2:08:45

operated establishments.

2:08:48

Since the adoption of this zoning code update the county has processed zero minor use permits

2:08:54

for massage as all currently licensed massage establishments have qualified for one of three

2:09:00

exemptions.

2:09:02

The three exemptions are being either a sole or dual owner operator establishment with

2:09:08

no employees or providers that all providers are California massage therapy council CAMTC

2:09:16

certified including business owners if providing massage or that the massage services incidental

2:09:23

to a primary use and is less than 25% of the floor area of a permitted spa salon resort

2:09:29

or medical office.

2:09:32

Currently there are 133 active business licenses in our commercial zone districts and 310 active

2:09:40

business licenses for home occupations.

2:09:43

The number of licenses has been significantly reduced over the last couple years as mentioned

2:09:48

by Department of Finance due to various efforts from the sheriff's department code enforcement

2:09:53

and business licensing staff.

2:09:57

The next couple slides I'll go over some of the specifics of each chapter's proposed

2:10:02

amendments.

2:10:04

Chapter one covers nonconforming uses and for nonconforming massage establishments that

2:10:10

allow their special business license to lapse by more than 30 days or their general business

2:10:15

license to lapse by more than 90 days they will lose their nonconforming use status.

2:10:22

Massage businesses that have a certificate of nonconforming use also known as an NCS

2:10:28

may continue to operate in perpetuity so long as they remain consistent with all the required

2:10:33

conditions of approval of their NCS.

2:10:37

The application process for new NCSs pertaining to massage will require notification to the

2:10:44

appropriate CPAC as well as neighborhood notification and with these types of NCSs we also work

2:10:50

with the sheriff's department licensing department and code enforcement before approving any NCS.

2:10:58

For those massage establishments that become nonconforming as part of this zoning code

2:11:03

update we are proposing a fee waiver of the NCS fee for six months from adoption of the

2:11:10

code amendment.

2:11:13

And lastly we are proposing a provision that will allow nonconforming businesses to be

2:11:17

reinstated by the planning commission if certain findings can be met.

2:11:23

Some of our SPAs and NPAs within the county we have a similar provision and this will

2:11:28

allow businesses outside of those SPAs to benefit from these same options.

2:11:38

Changes to chapter three include removing the use permit requirements as it has proven

2:11:42

to be an ineffective tool for addressing illegal activities.

2:11:47

As you just heard the county code provisions have been strengthened to better address these

2:11:50

types of concerns and in addition massage will no longer be permitted in our industrial

2:11:55

zone districts we find that those are probably not appropriate places for this type of activity

2:12:00

to occur and currently we do not have any active licenses in our industrial zones.

2:12:07

In the commercial recreation CO and our business professional BP zone districts we are proposing

2:12:12

that massage only be allowed as an incidental use which is less than 25% of the gross floor

2:12:18

area of a permitted spa, salon, resort or medical office.

2:12:23

So this would be the only two zone districts where we have that restriction of incidental

2:12:28

in other zone districts where allowed which is primarily our commercial and mixed use

2:12:32

zones there would not be the incidental use they could be a primary provider or an establishment.

2:12:43

The proposed amendments to chapter six are primarily for consistency with proposed changes

2:12:49

in chapters one and three pertaining to the time frame to obtain a certificate of non-conforming

2:12:54

use and the time period for a use to be deemed discontinued.

2:13:01

We are also proposing to move the findings for an NCS from chapter one to chapter six

2:13:06

which is where the rest of the administrative regulations are currently housed and lastly

2:13:12

have added provisions to allow the planning commission to reinstate a use or business

2:13:17

that has lost its non-conforming status if certain findings can be met.

2:13:22

The last part of the update will be to make minor updates to our zoning code user guide,

2:13:28

our website, our application and brochure forms as they pertain to massage establishments.

2:13:33

Excuse me.

2:13:34

Yes.

2:13:35

Supervisor Hume.

2:13:36

I was going to wait for you.

2:13:39

That's okay.

2:13:40

I am almost done.

2:13:42

I just have public comment and recommendation.

2:13:44

All right.

2:13:46

So staff sent out notices to all of the CPACs and the DMAC for workshop on the proposed

2:13:51

changes and only three CPACs requested a presentation.

2:13:56

Fair Oaks, Cordova and Arden Arcade.

2:13:59

For the most part the CPACs asked for clarifying questions regarding the changes.

2:14:04

A few had concerns regarding business license fees or other items that were not part of

2:14:08

the zoning code update but part of county code.

2:14:11

And overall the CPACs were supportive of proposed amendments and shifting regulations from zoning

2:14:16

code to the county code as a more efficient mechanism for enforcement.

2:14:25

As you've already heard, Department of Finance held several meetings with various providers

2:14:30

and stakeholders fall of this year.

2:14:33

Planning staff was able to attend the meeting in October of this year and comments from

2:14:39

providers related to the zoning code had to do with the NCS fee as well as only allowing

2:14:44

massage in the BP zone as an incidental use.

2:14:49

A few of these providers also shared these comments at the Planning Commission hearing

2:14:54

and the commission was in favor of the fee waiver but did not recommend any changes to

2:14:58

massage in the BP zone district.

2:15:03

On October 21, 2024 the Planning Commission recommended that the Board of Supervisors

2:15:08

determine the notice of exemption as adequate and complete to approve the ordinance amending

2:15:14

chapters one, three and six of the zoning code as well as the administrative changes

2:15:18

as addressed in the ordinance and allowing for a temporary fee waiver for affected massage

2:15:26

establishments.

2:15:30

Before I go to questions, I do want to address a comment letter that was received on this

2:15:36

item.

2:15:39

A few of the massage practitioners have requested that your Board consider a revised request

2:15:47

for a small scale sole practitioner ability within the business professional zone.

2:15:53

And if this is something that your Board would like to consider, staff has already prepared

2:15:57

some draft language for you to review.

2:16:01

Flow has copies of those on the end of your diast there.

2:16:06

And I can also put it up here if you need to show it.

2:16:15

So essentially the change would allow for instances where the sole practitioner could

2:16:38

be a primary use in the BP zone district so long as they did not exceed a maximum of 400

2:16:46

square feet of floor area.

2:16:48

That was the square footage proposed by the comment letters that you received.

2:16:54

Staff also took the liberty of adding in some additional flexibility.

2:16:58

We use this throughout our zoning code where if someone wants to increase or modify a provision,

2:17:06

in this case a minor use permit would be required to exceed the floor area restrictions for

2:17:11

massage in either the commercial recreation or business professional zones.

2:17:16

So that would either be if they want to exceed 25% if they're an incidental use or the 400

2:17:22

square feet if they're a sole practitioner use.

2:17:28

And with that, that ends my presentation and available for questions along with staff from

2:17:36

business department of finance related counting.

2:17:40

Supervisor Heal.

2:17:41

Thank you, Chair.

2:17:42

And that's why I wanted to wait until the end because Wendy did what I was hoping she

2:17:44

would do.

2:17:45

She covered both of the items.

2:17:47

One was the fee window for the waiver for an NCS fee in the BP zone.

2:17:52

The second was the modification for the allowance of up to a certain square footage for sole

2:17:58

provider use.

2:17:59

Support both of those things.

2:18:01

Great.

2:18:02

Thank you.

2:18:03

Any other board members?

2:18:05

Do we have public comment?

2:18:08

We have public comments.

2:18:13

Let me get that up.

2:18:17

B.J.

2:18:18

Pitts.

2:18:19

Hello again.

2:18:31

I'm asking that this zoning as it's written doesn't move forward.

2:18:39

There was no stakeholders prior to this being out to the CPACs or any kind of notification.

2:18:46

I just had to check my local CPAC and saw that it was that evening and went down.

2:18:51

We do support the carve out for sole proprietors because that is our pathway.

2:19:00

The tough part of it is with the non-conformance is that yes, we're grandfathered to end all

2:19:09

the way around, but it would not allow people behind us to come into the small BP spaces

2:19:17

to try their hand at having a private practice.

2:19:20

And so we'd like that door left open.

2:19:23

So by this carve out, as I understand it, would allow it without having to go through

2:19:29

the NCS and operate as a sole provider.

2:19:32

And that is totally supportive.

2:19:35

As it's written at this moment, the net effect of the current zoning restrictions is to deny

2:19:41

an entire group of people access to professional careers and community as a whole the services

2:19:48

that those people in a welcoming and professional environment, which isn't necessarily in these

2:19:55

larger spaces being part of somebody else's business.

2:19:59

So I appreciate the dialogue that's going on and I do look forward to the carve out.

2:20:04

Thank you.

2:20:05

Thank you.

2:20:07

Next speaker, please.

2:20:10

Thank you.

2:20:18

Wendy did most of the heavy lifting on that one.

2:20:22

So again, I'll make my comments brief.

2:20:25

The commercial business professional zones contain a lot of the kinds of offices that

2:20:31

a sole practitioner can economically and practically function in.

2:20:37

And the idea that we're trying to promote here to make it easier for the county is that

2:20:42

for any exemption you carve, you're looking at one provider, one license, one person on

2:20:49

the lease, all the same, to try to make it as simple to monitor as possible and allow

2:20:54

a leg up for sole providers.

2:20:58

I will mention that to pay, I think it's $1,100 for a nonconforming use application might

2:21:08

be a hard stop for somebody trying to do that.

2:21:12

Just coming up with enough money to make the deposit and pay the rent every month for somebody

2:21:15

starting their own business can be challenge enough.

2:21:20

And also, okay, that's that.

2:21:22

Two other things I wanted to say is that it was also very kind of the planning department

2:21:27

to waive in the existing proposal the NCS application fees for six months for people

2:21:34

that are in those zones where they will no longer be allowed as it's written now.

2:21:39

And that was a very kind and generous thing to do.

2:21:41

We appreciate that.

2:21:43

And also, I failed to mention last time that when we were here the very first time in August

2:21:47

and in September, the five of you did not need to pause and allow everything that has

2:21:53

happened with the revision of the ordinance and the fees to happen.

2:21:57

And you did that and we appreciate that very much.

2:22:00

Thank you.

2:22:01

Thank you.

2:22:02

Next.

2:22:03

Okay.

2:22:04

Thank you very much.

2:22:06

All right.

2:22:07

That's the last public speaker we have.

2:22:10

Supervisor Desmond.

2:22:11

Okay.

2:22:12

Thank you, Mr. Chairman.

2:22:13

Thanks for the indulgence and taking them together.

2:22:16

I think on item 42, I'd like to move approval with incorporating language and I don't know,

2:22:25

maybe staff can comment on how you do this, incorporating language that that 100, 1000

2:22:29

foot buffer does not apply if there are two sole proprietors or separately licensed entities

2:22:37

sharing a space.

2:22:39

And I look to you, Chad, on how, what kind of verbiage you would need to accomplish that.

2:22:44

Because I think that's a good point, a good concern by some of the folks we heard from

2:22:47

today.

2:22:49

And then some other specific language about the camera, kind of incorporating some of

2:22:54

the ideas that I think Supervisor Surna brought up that are good, just limiting the definition

2:22:59

of a camera for purposes of that, monitoring that lobby area for security purposes, maybe

2:23:03

some language around limiting what that camera, how that camera can be used and just kind

2:23:08

of putting that in the definition of camera.

2:23:12

Yes, staff can incorporate both of those.

2:23:16

We'll need to work up some language on the exemption for sole providers locating in the

2:23:22

same space because I do need to, even if they're sharing within the same building, we need

2:23:27

to make sure that there's a ability to inspect them independently.

2:23:31

And so off to work up language that still allows us to enforce the ordinance appropriately

2:23:35

on each independent business.

2:23:37

So Chad, just for housekeeping purposes, is that something that you can do today and

2:23:41

come back after our very brief lunch break?

2:23:44

I'll defer to Council on the best way if we can take the board's intent and incorporate

2:23:49

it into the second reading because this will come back or whether we need to bring that

2:23:52

back this afternoon.

2:23:54

So if you would like this to be considered the first reading and you don't want to have

2:24:00

to bring it back and reintroduce it, it would be better for the language to be included

2:24:05

this afternoon.

2:24:06

I agree.

2:24:07

Thank you.

2:24:09

And then Chad, I have some language specifically with a camera, definition of camera, to add

2:24:15

to that one section.

2:24:17

For purposes of the section, camera would mean any video capturing device with a narrow

2:24:21

enough field of view to focus on only the limited interior spaces and that cannot be

2:24:26

manipulated in any way.

2:24:28

I'll give you some language that I got to help give credit to my colleagues who have

2:24:33

registered here for coming up with this idea because I think that's a very good one.

2:24:36

That is something that's abused frequently.

2:24:38

And so you can incorporate that for when we consider this item in the afternoon as

2:24:40

well, correct?

2:24:41

Okay.

2:24:42

Thank you, Mr. Chair.

2:24:43

Okay, before we go to Surveyor Hume, so Chad, are you comfortable?

2:24:48

You good with the direction?

2:24:49

We're going to back this afternoon if that's the motion.

2:24:52

Okay.

2:24:53

Surveyor Hume.

2:24:54

Thank you, Chair.

2:24:55

I just again wanted to express my appreciation for taking a measured approach to this and

2:25:00

sort of trying to anticipate some of the unintended consequences.

2:25:04

And in reading the definitions, distance separation means the distance between the closest property

2:25:08

lines between two or more massage establishments.

2:25:12

So it is actually to the brick and mortar and not necessarily to the license.

2:25:16

So that might make that carve out a little easier for you, I'm not sure.

2:25:19

But do we want to take both items together or I would be prepared to move item 43?

2:25:26

Yeah, let's take them separately.

2:25:29

So we will be hearing back this afternoon for item number 42, which takes us to number

2:25:34

43.

2:25:35

Is there, we've already had public comment.

2:25:37

Is there a motion from the board?

2:25:39

I would move with the inclusion of the language that staff presented relative to the square

2:25:45

footage in a BP zone.

2:25:46

Okay, please vote.

2:25:48

The unanimous vote.

2:25:51

Thank you.

2:25:52

Next item, please.

2:25:55

Item 44 is to introduce an ordinance amending chapter 16.89, 16.122.35 of the Sacramento

2:26:04

County Code relating to fees for affordable housing projects, waive full reading and continue

2:26:08

to January 7th for adoption and adopt a resolution to implement the Sacramento County three-year

2:26:14

pilot development impact fee offset program.

2:26:19

Good afternoon, Chair Kennedy, members of the board.

2:26:21

My name is Cloddy Wade, County Sacramento County Engineer.

2:26:25

I'm here to present the next steps necessary in establishing the Sacramento County three-year

2:26:30

pilot development impact fee offset program.

2:26:33

Today, we're specifically asking to introduce the ordinance to amend chapters 16.89, 16.122.35

2:26:40

of the county code and also the adoption of a resolution.

2:26:46

On September 24th, the board directed staff to establish a three-year pilot development

2:26:50

impact fee offset program for eligible affordable housing projects up to 80% AMI with initial

2:26:57

budget up to $10 million, $5 million from general fund, and up to $5 million from the

2:27:02

affordable housing ordinance and housing trust fund with a $10,000 per unit cap.

2:27:08

This replaces the county's existing fee waiver program for affordable housing projects that

2:27:13

only go up to 50% AMI.

2:27:15

The board also directed staff to return to the board to introduce an ordinance amending

2:27:19

relevant chapters of county code.

2:27:22

Board requests staff to return to the board by the end of this year to discuss any issues

2:27:27

with the use of the affordable housing trust fund and housing trust fund as it relates

2:27:32

to tax credits.

2:27:33

In addition, board also requested the staff provide a status update report in one year

2:27:38

after the establishment of this program.

2:27:41

In order to establish a three-year pilot program before you today, are the ordinance amending

2:27:47

the county code relating to the offset fees for eligible affordable housing projects.

2:27:53

The ordinance establishes the framework of the program.

2:27:57

Staff will be returning to the board for the second reading on January 7th, of which the

2:28:01

program goes into effect 30 days after adoption.

2:28:05

Staff is also asking the board adopt a resolution to implement the pilot program, which includes

2:28:09

the funding source information as well as the caps, making this an easier way to make

2:28:15

any necessary changes to the pilot program as necessary.

2:28:19

Relating to the board's request to discuss any issues with the use of the affordable

2:28:23

housing ordinance and housing trust fund, staff requested the SHA provide a memo to

2:28:27

provide information related to potential concerns and issues.

2:28:31

The memo has been attached to today's item.

2:28:34

Staff has reviewed the memo and has provided comments as addressed in the board letter.

2:28:38

In summary, the offset program is one of several tools identified by the county as a potential

2:28:44

means for accelerating housing and infill development within the region.

2:28:49

Developers may choose to participate in the offset program or opt to use other programs.

2:28:55

It is important to note that staff commits to maintain coordination efforts with SHA

2:29:00

on the use of the affordable housing ordinance and housing trust fund to ensure that any

2:29:04

match grant funding is not impacted and determine if any remaining balances could be used towards

2:29:09

the pilot program.

2:29:11

The county council is available if there are any questions related to the legal analysis

2:29:15

provided in the board letter.

2:29:18

On the side note, staff did receive a call from SHA this morning and they are in agreement

2:29:24

with the program and will continue coordination with the county relating to the use of the

2:29:29

affordable housing ordinance and housing trust funds.

2:29:34

There are any questions unavailable.

2:29:35

Thank you.

2:29:36

Mr. President.

2:29:37

Thank you.

2:29:38

I just want to offer my thanks to staff with leadership of Dave Defonte in this matter.

2:29:48

I appreciate the fact that we received the call from SHA.

2:29:51

I know there was some consternation initially and perhaps ongoing up until what I just heard

2:30:24

such that we have to be as creative as we can get and we can't just kind of rest on

2:30:31

what implements we've had in the past to try and incent construction of a much needed

2:30:41

affordable shelter in the county.

2:30:43

So I know staff put a lot of time and energy into this and a lot of creativity and it really

2:30:50

looks pretty different from where we started but that's the nature of being creative.

2:30:56

So I appreciate all the time, energy that has gone into this and I know we're going

2:31:03

to monitor the efficacy of it and it may or may not lead to other bright ideas by others

2:31:11

but I think this should be viewed as just the beginning of how we extend our interest

2:31:20

in other flexible creative approaches to incenting again what is most needed arguably in our

2:31:29

community this day.

2:31:31

So thanks.

2:31:32

Okay, I won't belabor the point because I'll just say that I completely agree with everything

2:31:38

that my colleague just said.

2:31:40

So thank you very much.

2:31:41

Do we have a public comment on this?

2:31:44

Chris, Noram?

2:31:47

Yeah, we're all hungry, Chris.

2:31:56

Great to see everybody.

2:32:02

Chris Noram, North State Building Industry Association.

2:32:04

I was planning on keeping it short but we support this item.

2:32:08

The reimbursement program to affordable builders is highly effective at making proformers work

2:32:13

out so I appreciate the item and the ongoing efforts by the county to be creative on how

2:32:18

they're delivering housing and shelter.

2:32:20

Thank you.

2:32:21

Thanks for staying.

2:32:22

Mr. Billan.

2:32:23

Thank you, Chair Kennedy.

2:32:26

I just wanted to continue the comment on the work with SHA.

2:32:31

I did receive a call from LaCiao Dozier this morning.

2:32:34

That was the call that Claudia was referencing.

2:32:37

Her commitment to me and my commitment back to her is that we will continue to work on

2:32:41

making sure that this program is the most successful without jeopardizing any kind of

2:32:45

factors that may...multipliers, I guess, of other funding that may be able to be leveraged.

2:32:51

So I think it's a great step in the right direction for our two organizations to continue

2:32:57

to work together to ensure that we are taking advantage of all the different multipliers

2:33:03

and funding aspects but still looking to reduce fees and come to agreement with that.

2:33:08

So thank you to LaCiao and her team and thank you for our team too for working on that.

2:33:13

Thank you.

2:33:14

All right.

2:33:15

Any more public comment?

2:33:16

No, we do not have any more.

2:33:18

Okay.

2:33:19

Is there a motion?

2:33:20

I'll move the item.

2:33:21

I'll second.

2:33:22

Please vote.

2:33:23

Anonymous vote.

2:33:24

Thank you.

2:33:25

Next item, please.

2:33:26

Item 45 is to approve guidelines for the preparation of public facilities financing plans and urban

2:33:32

services plans.

2:33:34

Good afternoon, Chair Kennedy, members of the board, Vanessa Lieberman, your manager

2:33:38

of special districts in the Department of Community Development.

2:33:41

The item before you today is to adopt a resolution updating and approving the guidelines for

2:33:46

the preparation of a public facilities financing plan or PFFP and urban services plans, USPs.

2:33:53

Our general plan land use policies require a PFFP and USP for new development in urban

2:33:58

growth areas in the unincorporated county.

2:34:01

For the years, it's been expressed that we require a little bit too much detail up front

2:34:06

at the entitlement phase.

2:34:08

So staff has heard that and we, in partnership with Goodwin Consulting and in support of

2:34:13

the process improvements led by DCEO Dave Defonte, we are updating those guidelines

2:34:19

and introducing a two-step approach, which is a planning level and implementation level.

2:34:26

I am going to invite Susan Goodwin from Goodwin Consulting up to speak to the new process.

2:34:32

Thanks, Vanessa.

2:34:34

Good afternoon, Susan Goodwin, Goodwin Consulting Group.

2:34:37

Your consultant who has worked with your staff on getting these guidelines put together.

2:34:44

As Vanessa mentioned, the big change is that instead of having detailed plans that are

2:34:51

subject to major revision because they're being done at such an early planning stage

2:34:55

when everything is still fluid, we're now proposing to have two levels.

2:35:01

One is the planning level, public facilities financing plan and urban services plan.

2:35:07

And the second is the implementation level, PFFP and urban services plan.

2:35:13

And with that, it's allowing that the initial planning level documents will be based on

2:35:20

not back of the envelope estimates, but more general high-level estimates for infrastructure

2:35:28

costs and services costs without pretending that the project is coming out of the gate

2:35:35

the following month, which is sort of the level of analysis that was being done previously.

2:35:41

At a stage where there are always changes in land use, timing, there are often years

2:35:46

between the initial entitlement documents and when the projects actually launch.

2:35:53

And during those years, there's substantial variation.

2:35:57

So this will take into account, it will allow a snapshot at the planning level of the feasibility

2:36:04

of the projects for the PFFP, the infrastructure funding feasibility for the urban services

2:36:11

plan, the service funding feasibility.

2:36:14

And then it will require prior to recreation of the first large lot tentative map that

2:36:23

implementation level plans are submitted that do a much deeper dive and take a look

2:36:29

at the actual phasing of the project and the feasibility of each phase of the project as well.

2:36:36

So those are the big differences in a nutshell.

2:36:41

That two-level approach with a lot more focus on the planning and the detailed cost estimates

2:36:46

at the implementation level.

2:36:48

Any questions?

2:36:50

Okay.

2:36:51

Thank you.

2:36:52

Do we have any public comment or is the presentation done?

2:36:56

We can be done.

2:36:58

Okay.

2:36:59

I know it's lunchtime.

2:37:00

That's the right answer.

2:37:01

Yes, here comes Chris again.

2:37:05

Public comment, please.

2:37:06

I think I'm going to go two for two today.

2:37:09

So Chris, Norm, North State BIA, I want to thank staff for developing this.

2:37:15

What they didn't say in their presentation is that they've actually been working with

2:37:17

our finance experts and engineers for like the last year on this.

2:37:22

And we're working closely.

2:37:24

And this has been a common issue and refrain from our industry is that the county for many

2:37:29

decades has always required way too much detailed information up front that it would

2:37:32

slow everything down because you could get that information later.

2:37:34

So really support this item.

2:37:36

Glad that it's happening.

2:37:37

I appreciate the collaboration and urgent vote.

2:37:40

So thanks so much.

2:37:41

Thank you very much, Chris.

2:37:42

And thank you to staff for continuing to not just think outside the box, but blow it up.

2:37:49

Appreciate your work.

2:37:51

Okay.

2:37:52

Board?

2:37:53

Second.

2:37:54

We have motion to second.

2:37:55

Please vote.

2:37:56

Unanimous vote with those members present.

2:38:01

All right.

2:38:02

That we, as we said, we're holding over one item for this afternoon.

2:38:06

We do have a closed session item.

2:38:08

So we are in recess.

2:38:15

And come back to order.

2:38:30

Will the clerk please call the roll.

2:38:32

Good afternoon.

2:38:33

Supervisors Frost, here.

2:38:35

Serna.

2:38:36

Here.

2:38:37

Desmond.

2:38:38

Here.

2:38:39

And you have a quorum.

2:38:40

Thank you.

2:38:41

We, for a little housekeeping, we do, we did put over item 42, which we will hear.

2:38:47

But first we're going to hear item 46, the truth act.

2:38:51

You go ahead and read that in the record.

2:38:53

Thank you.

2:38:54

Conduct truth act 2023 form pursuant to government code section 7283.1 response to immigration

2:39:00

and customs enforcement access to individuals in Sacramento County jails.

2:39:06

And I do want to go on record to let you know that we do have an interpreter here for Spanish

2:39:19

if needed.

2:39:20

Thank you.

2:39:21

Good afternoon.

2:39:22

Good afternoon.

2:39:23

My name is Sergeant Aaron DeCanio.

2:39:25

I am the administrative sergeant for corrections for the Sacramento County Sheriff's Office

2:39:30

and the assistant to chief warrant who's behind me.

2:39:33

This will be quick.

2:39:38

Regarding field activities, we've had no coordinated activities or enforcement in coordination

2:39:42

with ICE.

2:39:43

We do not inquire about immigration status with those that we contact in the public.

2:39:48

And we don't verify immigration status of any arrestees or detainees.

2:39:54

With regards to our correctional facilities in 2023, there were no ICE detainees held

2:40:00

at either the main jail or the Rio Cosumas Correctional Center.

2:40:05

And just for reference on June 5th, 2018, the board of supervisors of Sacramento County

2:40:09

voted not to renew the existing ICE contract.

2:40:12

That was in place at the time.

2:40:16

Regarding any ICE interviews in 2023, there were zero conducted at either the main jail

2:40:22

or RCCC.

2:40:25

And that is all that I have.

2:40:26

That's the best report ever.

2:40:30

Okay, Mr. Stern.

2:40:31

Thanks, Chair.

2:40:32

I just wanted to question and thank you for the brief report.

2:40:37

But given the nature of the expected change in federal administration, is there any signs

2:40:43

that the Sheriff's Department is witnessing now about any kind of change in protocol?

2:40:49

Is it regarding the Truth Act?

2:40:51

We actually discussed this earlier last week in case that question came up.

2:40:56

And I think the consensus is that there's just, it's too early to tell.

2:40:59

We don't have any indication of what's going to happen in the coming months.

2:41:04

And we'll, I think, we'll just have to revisit it when that does happen, if something does

2:41:06

change.

2:41:07

Thank you for that.

2:41:08

And I would just respectfully ask you to maybe, to the chain of command in the Sheriff's

2:41:14

Department, all the way to Sheriff Cooper's office, maybe relay that you have at least

2:41:20

one, and I suspect maybe more supervisors that would be inclined to want to know as

2:41:27

close to real time, if and when there are any changes.

2:41:32

Understood.

2:41:33

Thank you.

2:41:34

And further, I'll echo that.

2:41:35

But also, there's speculation that perhaps the incoming administration may tie grant

2:41:43

funding to cooperation with ICE.

2:41:47

If that does occur, if that is the case, I will not be supporting any grant application

2:41:52

that has any way will be tied to ICE.

2:41:56

So, all right.

2:41:58

Thank you very much.

2:41:59

Thank you.

2:42:00

Appreciate it.

2:42:01

All right.

2:42:02

Let's go back to 42 now.

2:42:03

And we did not have any public comments for that item.

2:42:06

Thank you.

2:42:07

Appreciate that.

2:42:08

Yes.

2:42:09

Item 42, this is to introduce an ordinance amending Title IV, Chapter 4.36 of the Sacramento

2:42:15

County Code relating to massage establishment and providers in approved resolution amending

2:42:19

fee structure for massage establishments and providers waive full reading and continue

2:42:24

to January 7th for adoption.

2:42:28

Okay.

2:42:30

And we have revised language from this morning, and Flo, I tried to put it on the projector.

2:42:37

We also got that emailed over to you a few minutes ago, and the light here on my right

2:42:42

is providing copies that can be passed around to the board.

2:43:00

All right.

2:43:08

So on the top of the page, we have our amendments as requested to the distance separation requirements.

2:43:16

The language in blue is what we had proposed in our original ordinance this morning.

2:43:21

We are striking out related to sole providers that they would be limited solely to the incident

2:43:31

use language and have now revised language reads that the distance separation shall not

2:43:37

apply to massage establishments in which the owner is the sole provider of massage services

2:43:42

and no other provider conducts services at that massage establishment.

2:43:47

So that would allow the ability to both apply in the incident use situation we talked about

2:43:51

earlier today as well as if they are within the same building or a shared space.

2:43:59

The second part on your page at the bottom half is addressing the discussion we had about

2:44:04

cameras within the section of early warning devices.

2:44:07

We have clarified that a camera must be fixed so that camera cannot be movable or mobile

2:44:13

or tracking of movement within the facility, and that the camera will mean any video capture

2:44:18

device as we deal with emerging technology, ring doorbells, Google cameras, Nest cameras,

2:44:26

other types of cameras that are out there.

2:44:28

And really the intent of this is to enhance provider safety and the operator should not

2:44:32

be utilizing that camera in a manner that acts as an early warning device.

2:44:38

So we tried to capture the intent of our discussion this morning without being too narrow as to

2:44:44

where the camera would be pointed.

2:44:46

Great.

2:44:49

Any questions from the board?

2:44:51

I do have a question.

2:44:52

Yes, sir.

2:44:54

Assumed.

2:44:55

I heard your comment, but I don't see it codified in here.

2:45:01

The example that I believe Supervisor Desmond brought up and that I echoed relative to if

2:45:06

two individual sole proprietors want to share expenses of a common location seems to still

2:45:13

be precluded under this distance separation.

2:45:15

They would still have to have separate treatment rooms in that scenario.

2:45:20

And that's in our ordinance, we have the scenario where we do treat those as separate businesses

2:45:27

that we need to inspect independently.

2:45:30

And so they could still be within the same broader shared facility, but they would have

2:45:35

to at least have their own treatment rooms in the way that our ordinance is designed.

2:45:39

And that's codified in a different section of this ordinance?

2:45:43

Correct.

2:45:44

Okay.

2:45:46

Any other questions?

2:45:47

Supervisor Desmond.

2:45:49

Thank you.

2:45:52

Thank you, Supervisor Hume, for asking that clarifying question.

2:45:55

So it wouldn't be the situation like where you see with a lot of therapists where they

2:45:59

have maybe a shared room that they have.

2:46:02

We could not do that in this case because of the independent inspections we need to provide.

2:46:08

And the...

2:46:09

And if one, if a provider did want to share a room, in that situation, we would, under

2:46:14

our ordinance, we'd have one working as an employee or a contractor for the other.

2:46:19

So there's still the capability to work under someone else's license, but if you're your

2:46:24

own establishment, you would have at least at minimum your own room.

2:46:28

Okay.

2:46:29

So they could share the same suite, for instance, but they would have to have separate rooms

2:46:33

within that suite.

2:46:34

Correct.

2:46:35

Is that what you're saying?

2:46:36

Yes.

2:46:37

Okay.

2:46:38

And then in terms of the camera, this language, it doesn't mention anything in here.

2:46:42

I don't think about the ability to manipulate the camera.

2:46:45

Because that's the fear.

2:46:47

You know, there's so many cameras in the market now where you can just go on your cell phone

2:46:51

and direct the camera a different location.

2:46:54

Do we want to put some language in about the, you know, the camera has to be fixed and you

2:47:00

must be unable to manipulate it to face different directions?

2:47:02

We added the term fixed.

2:47:04

And I think that the challenge that we'll have is unless we are seeing their camera feed,

2:47:10

we won't have the ability to know are they manipulating it some way digitally other than,

2:47:15

you know, a manual manipulation of moving the camera physically to point to different

2:47:20

directions.

2:47:21

You're right with different technologies.

2:47:23

They may have cameras that are, you know, 360 degree radiuses, but without seeing their

2:47:27

camera feed, we're not going to have the ability to see how that camera is being utilized.

2:47:34

Can I go back to all of them?

2:47:36

Yeah.

2:47:37

Is there a point in an inspection process or a surprise check process where that could

2:47:45

be part, an added piece of the activity on our part that we do somehow ask them to show

2:47:54

us how it's connected to their device?

2:47:56

Because just because it's physically fixed as you just mentioned, Chad, I mean, I should

2:48:03

have this board during the break, the fact that I can check my driveway and courtyard

2:48:08

in 120 degree sweep without moving the physical camera during our lunch break.

2:48:13

So I appreciate the addition of the word fixed that gets to part of it.

2:48:19

But is there a practical way, I guess, that we could check that?

2:48:25

We can look at how to procedurally address that through our inspections.

2:48:29

We've got the intent of we don't want these cameras to be used as early warning devices.

2:48:33

We can look at are there ways in our inspection that we're able to validate that as cameras

2:48:38

are added in these facilities.

2:48:39

And if we feel that this language is inadequate, we do have the ability to come back and amend

2:48:45

this moving forward.

2:48:47

So we could relook at that in the future.

2:48:50

Thank you.

2:48:52

Okay.

2:48:53

Do we have any public comment on this?

2:48:55

We do not.

2:48:57

All right.

2:48:58

So we have a motion to approve the approval of the item with these amendments.

2:49:01

Second.

2:49:02

Okay.

2:49:03

We have a motion to second.

2:49:04

Please vote.

2:49:05

Good night.

2:49:07

I miss vote.

2:49:08

Good morning.

2:49:10

Next item, please.

2:49:14

For item 47, this is a request for a letter of public convenience or necessity for a property

2:49:20

located at 7400 Madison Avenue at the intersection of Madison Avenue and San Juan Avenue in the

2:49:27

community.

2:49:37

Good afternoon.

2:49:39

Chair Kennedy and members of the board, Kimber Gutierrez senior planner with planning and

2:49:43

environmental review.

2:49:44

I will be presenting the urban market and more public convenience or necessity letter project

2:49:51

to you all tonight today afternoon.

2:49:54

I did want to do a quick shout out to Irving Huerta, who is the assistant planner who was

2:49:57

assigned to this project and worked on all of the project up until this point.

2:50:01

We did a really great job getting it through the process.

2:50:06

So starting with location and setting, the project site is located on the southeast corner

2:50:10

of Madison Avenue and San Juan Avenue in the Faroaks community.

2:50:14

The city of Citrus Heights boundary is just to the north of Madison Avenue.

2:50:19

And the project site consists of a 2,565 square foot existing commercial building with

2:50:25

associated parking and landscaping.

2:50:29

The applicant has applied for a type 21 off sale liquor license with the department of

2:50:34

alcohol beverage control for urban market and more to sell beer, wine and spirits.

2:50:40

And this will be a new convenience store.

2:50:43

While the geographic area does not currently have an undue concentration of licenses with

2:50:50

because at this time they are allowed to licenses within the census track, the additional license

2:50:55

would cause it to have an undue concentration.

2:50:58

And the subject site is also located within an identified high crime area.

2:51:03

So therefore between those two reasonings, the applicant is requesting a letter of public

2:51:07

convenience or necessity.

2:51:12

The property itself is zoned light commercial.

2:51:15

It is also contains a light commercial Fair Oaks community plan land use designation and is commercial

2:51:22

offices on the general plan.

2:51:25

The surrounding uses are predominantly retail.

2:51:28

However, at the Madison Avenue and San Juan Avenue intersection, there is a gas station and convenience

2:51:32

store at the northeast corner, a drive-through restaurant at the northwest corner and a retail,

2:51:37

optical retail store at the southwest corner.

2:51:40

And then immediately adjacent to the project site to the east is the Northridge Country Club Golf Course

2:51:45

and to the south is an auto repair shop.

2:51:50

Here's the one mile radius map which shows the active off sale liquor licenses and sensitive uses as well as

2:51:58

vacant parcels within one mile of the subject site.

2:52:02

There are 14 establishments that sell alcohol within one mile of the subject parcel.

2:52:07

Five are type 20 and nine are type 21.

2:52:11

Of those establishments, two function as full service grocery stores.

2:52:15

One functions as an internet sale only establishment at a private residence and two operate as

2:52:21

pharmacy stores for our gas stations and five are convenience stores.

2:52:26

Staff has also identified several potential sensitive uses within the one mile radius of the site,

2:52:32

including six schools and five daycare centers.

2:52:35

And we also cross-referenced vacant parcel data with the zoning map and identify that the nearest

2:52:41

vacant parcel is southeast of the property about a thousand feet away.

2:52:50

The Faroq CPAC met on October 2 of this year to consider the request.

2:52:55

Due to the lack of quorum, the CPAC was unable to provide a formal recommendation,

2:53:00

but they did still hear the item and took public comments.

2:53:03

So we do have a summary of that discussion.

2:53:05

The CPAC had questions regarding whether any site improvements would be required with the request,

2:53:11

who enforces the liquor license and over concentration clarification.

2:53:16

There was one verbal public comment and two written comments received.

2:53:21

One of the written comments was from the verbal commenter at the advisory meeting.

2:53:27

The verbal public comment expressed concerns over possible nuisances associated with alcohol sales,

2:53:33

increased traffic and pedestrian hazards due to its location on the corner of Madison and San Juan,

2:53:39

as well as the abundance of other alcohol options in the area.

2:53:45

Due to the project being on the border of the Carmichael Old Foothill Farms and Faroq's communities,

2:53:51

the project was also forwarded to the Carmichael Old Foothill Farms CPAC.

2:53:55

On behalf of the CPAC, Member Burnett did provide a comment letter indicating both concern due to ample options in the areas,

2:54:02

but also stating that the convenience store may serve nearby residents by providing non-alcohol goods

2:54:07

and that the site would be better in use rather than remaining vacant.

2:54:15

In the applicant's justification statement, they indicated the request would be of convenience to the public

2:54:20

because it would provide customers with goods and services aside from alcohol.

2:54:25

It was also noted during CPAC that the applicant does operate another nearby convenience store under the 7-11 name on Madison and Kenneth Avenue.

2:54:34

It does appear from our records that they purchased the other property in 2022,

2:54:40

and they are pursuing a PCN for that project as well.

2:54:43

That application was deemed complete last week and it will be working through the process.

2:54:49

While the proposed project site is not located within an environmental justice community,

2:54:54

our review indicates that this site is located in a census tract that will become over-concentrated

2:55:00

if the license is granted and it is also located within a high-crime reporting district.

2:55:06

In addition to that, as I stated, there are a number of sensitive uses and vacant land within one mile.

2:55:13

We did also receive a conditional objection letter from the Sheriff's Office, which is included in the board package,

2:55:19

and then finally there are existing alcohol licensing within the one-mile radius that indicates customers have ample options

2:55:26

in the area for alcohol purchases and that the public convenience needs of the area is met.

2:55:35

So with that being said, staff is recommending denial of the PCN request.

2:55:39

The applicants have not demonstrated that the proposed sale of alcohol can be accomplished in a manner

2:55:44

that sufficiently addresses or eliminates objections received and negative impacts identified in the review.

2:55:50

Further, the applicants have not demonstrated that the public convenience or necessity of this liquor license

2:55:55

outweighs the objections and negative impacts identified.

2:55:59

So that concludes my presentation.

2:56:02

I can answer any questions you may have.

2:56:04

The applicant is here, and I believe they've also prepared their own PowerPoint as well.

2:56:09

So, Professor Desmond.

2:56:10

Thank you, Mr. Chair, and thank you, Kimber.

2:56:12

I appreciate you meeting with me as well on this and with the discussion we've taught about it, too.

2:56:18

A couple of questions.

2:56:19

First, you mentioned that in the census tract where this is proposed to be located, 80.07,

2:56:25

there are already two type 20 or 21 licenses there.

2:56:29

I don't see that on the map.

2:56:30

Where is, I know the Trader Joe's.

2:56:32

Where's the other one?

2:56:33

Yeah, I don't know why it's not shown on the map, but it is at the same corner as Trader Joe's.

2:56:39

So it is at the corner of Sunrise and Madison.

2:56:42

It's the gas station convenience store that's at that corner.

2:56:45

Which gas station is that?

2:56:46

I think it's a Chevron extra mile.

2:56:48

Okay.

2:56:49

And then in terms of the, you know, I think there's a difference between a Trader Joe's and a liquor store.

2:56:56

I mean, I think we all would agree with that.

2:56:59

The liquor stores, the Mr. Licker, the Maxi Mart Licker, the Express Food and Licker,

2:57:06

as part of the PCN evaluation, does staff ever look at those other establishments to see if they also sell food?

2:57:13

Any food.

2:57:14

I mean, fresh food, certainly.

2:57:15

Okay.

2:57:16

That's not part of the evaluation.

2:57:17

We do not.

2:57:18

That's all I have for now, Mr. Chair.

2:57:19

Thank you.

2:57:20

Do we have any public comment or would the applicant like to make a statement?

2:57:30

This is the clicker.

2:57:32

That's it.

2:57:33

Just go back to the next slide.

2:57:34

Thank you.

2:57:37

Good afternoon.

2:57:39

Chairman Kennedy and fellow board members, my name is Dan Kuchy with the law firm of Abdis and Kuchy.

2:57:44

We represent the applicant for this PCN request.

2:57:48

We have a really very brief PowerPoint, so about five slides to try to walk through.

2:57:55

So you guys can better understand the nature of this project and why we think it's a good fit for the environment,

2:58:01

despite the general standards that we understand normally apply for these requests.

2:58:07

Could you hold for one moment?

2:58:09

Yes.

2:58:10

Sorry, Supervisor.

2:58:11

That was mistakes.

2:58:12

Okay.

2:58:13

Go ahead.

2:58:15

Let's see how responsive I am.

2:58:19

So we have basically three slides.

2:58:22

We're going to talk a little bit more about the store itself and then a couple of comments about the high crime area designation and the overconcentration.

2:58:32

So we'll start with urban market and more.

2:58:35

What I'm going to do is I'm going to turn it over first to talk about the improvements to the location.

2:58:40

And that's be provided by the owner of the property who owns the building who's going to represent.

2:58:47

Hi, how are you?

2:58:50

We have been working on this project to improve the building from the outside.

2:58:56

We've been working on permits.

2:58:58

I do have pictures and I have material to show you.

2:59:02

Basically, it's a full facade redo on the outside plus a new parking lot, new landscaping.

2:59:10

We kept in mind security as well.

2:59:12

We do have floodlights on each side of the corner that's going to be installed on the building as well as the back of the building.

2:59:20

There will be gates on each side just to avoid anybody going towards the back.

2:59:26

We feel strongly feel actually it's going to be a great asset to the community.

2:59:31

It's going to provide a service.

2:59:32

It's going to enhance that corner there and it's going to look absolutely beautiful once it's done.

2:59:37

And we're estimating it to be completed by the beginning of January.

2:59:41

Excuse me.

2:59:42

Sir, whether sir.

2:59:43

Thank you.

2:59:44

Sorry to interrupt your presentation.

2:59:47

Can you enlighten the board a little bit about what you know if anything about the history of past efforts to invest in the property for whatever use, not just to sell beer and wine or liquor.

3:00:02

But what is the history of that corner in terms of interest to revitalize it or have active business activity there?

3:00:12

So the building was built in the 70s and has been outdated from the exterior.

3:00:18

It was being occupied for about 25 years by a jewelry store which vacated a year ago and we've started renovations since they've vacated.

3:00:31

So our goal really is to work with the community and add value to it by enhancing that whole corner and improving the building and bringing in a tenant that's going to provide service to the community.

3:00:43

And did it, I mean, in your estimation, did it kind of fall into some state of disrepair in that time or perhaps the jewelry business that previously occupied it and then, you know, provide any necessary investments to, you know, keep it at a certain level.

3:01:00

And acceptable aesthetic for the area.

3:01:04

Yeah, so the building's aesthetics has been since it was built since the 70s, nothing has been changed.

3:01:10

It went through a few ownerships and none of the owners or previous owners have done anything to improve the site.

3:01:19

So fair to say it's a pretty tired property?

3:01:22

Yeah, I would say, yeah.

3:01:24

I do have pictures of what it previously looked like if you would like to see it.

3:01:28

I'm happy to answer any questions.

3:01:30

We want to throw them up there.

3:01:33

There is a few modifications on the plan, but should I bring it up?

3:01:40

You can put it on the white board.

3:01:42

Okay.

3:01:43

So if you can see, I'll turn it this way so you can see.

3:01:50

So the upper photos.

3:01:52

It's sideways now.

3:01:53

Yeah, there you go.

3:01:54

This way?

3:01:55

There you go.

3:01:56

The upper photos, as you can see, were what the building used to look like.

3:02:01

Very outdated.

3:02:02

The parking lot was pretty much, you know, carved out.

3:02:07

Landscaping is very old, not maintained.

3:02:11

The lower pictures is a rendering of what it's going to look like.

3:02:16

It's going to have a whole new parking lot.

3:02:18

There will be another trim that's going to go on top of the building and on the bottom of the building.

3:02:24

This is the material that we are using.

3:02:27

We went with a lot of the higher end material.

3:02:33

Was it bringing new lighting or better lighting?

3:02:39

Yeah, as a matter of all the lighting on the building has been replaced with new technology and LED lighting.

3:02:46

Stucco on the outside has just been completed.

3:02:49

So we took down, you know, all the old wood and restuckled it.

3:02:52

And we're going to have this beautiful wood grain molding that's going to go on top and on the bottom.

3:02:59

Plus a whole new parking lot.

3:03:01

We did, we are, as a matter of fact, today the electrician is there installing the floodlights on the side and in the back of the building.

3:03:10

For security reasons, just in the event that somebody walks there, they will automatically go on.

3:03:16

And the front of the building will have all new lighting as well underneath that canopy.

3:03:21

Thank you.

3:03:23

You're welcome.

3:03:28

Thank you.

3:03:29

Next I want to bring up the future owners of the Urban Market in Lawrence.

3:03:33

They could tell you a little bit more about their operations.

3:03:37

Hi.

3:03:38

So Urban Market, our focus is not just a liquor store, but a convenience market.

3:03:43

So we have looked at the demographics and the neighborhood.

3:03:47

So the neighborhood consists of houses, businesses, offices, and it's a great location, which is a drive-by location.

3:03:55

You can easily stop and go and grab your daily needs.

3:03:59

Our focus is 75% convenience items.

3:04:02

So and only 25% liquor, which will be specialty liquor.

3:04:07

Our focus is to carry high-end liquor, which is not relatively available everywhere, as well as specialty liquor such as barrel programs.

3:04:20

We have other stores in the area and we're currently building a store in Rockland, which is going to be basically a similar nature.

3:04:30

And it's going to be consisting of the same 75% convenience and 25% liquor.

3:04:36

We will be carrying fresh produce, dairy, sandwiches, as well as coffee.

3:04:42

So it'll be a one-stop shop for everybody who's driving by on their way to work or coming home.

3:04:49

We looked at the median age in the neighborhood, which is about 44, 45, which is your daily mom and dad going to or coming from work.

3:05:01

They want to make a quick stop and grab what they need and make it home.

3:05:05

So and like I said, it's easy in and out location, you know, very quick stop.

3:05:12

So it will serve the convenient needs of the neighborhood as well as everybody who's driving by.

3:05:16

And those who are familiar with the Madison Avenue and San Juan, it's a busy street.

3:05:22

And I think a lot of people use Madison on their way to work or to make it home.

3:05:34

Supervisor Hume.

3:05:36

I was willing to wait. Is that the end of your presentation?

3:05:39

No.

3:05:40

So my question is on the fourth bullet point there, accepting all conditions requested by the Sheriff's Office.

3:05:47

According to our staff, one of the reasons for the recommendation is the fact that because of the entitlement that's being requested or lack thereof,

3:05:56

we don't have a method to impose those conditions upon you.

3:06:01

So how would you suggest that that be codified, that you will do everything that the Sheriff's Department had said should be a condition of this approval?

3:06:10

So I can tell you a little bit about what the system is right now and what is going to be imposed on our client.

3:06:17

And then we can talk, I guess there's also a separate question about big picture about this issue.

3:06:23

For now, my understanding is ABC doesn't always do this, but they are imposing upon their license every single condition requested by the Sheriff's Office.

3:06:32

I know there's been concerns about enforcement.

3:06:36

And so we, our office reached out to contacts at ABC and went through the regulations and tried to confirm what we suspected.

3:06:47

And that is, yes, ABC has budget issues, not much different than in many other agencies.

3:06:54

And so it doesn't do a lot of proactive, although they do do some.

3:06:59

They are complaint driven.

3:07:01

And we got an express direction that they would rely upon Sheriff's Department, you know, anyone who went and saw anything they felt like wasn't in compliance,

3:07:14

could make a complaint, and they would act upon that and they reach out to enforce it.

3:07:20

And enforcement mechanisms include suspensions of your license, revocation of your license, fines, and even imprisonment in worse cases.

3:07:28

I don't think my clients worried about that because of the way they're going to operate.

3:07:31

But there are serious penalties, so long as we as a community work together to, you know, if somebody is not operating right, then, you know, we should reach out to ABC.

3:07:43

And I think that's at least one option.

3:07:47

A big picture, you know, we'll talk to the folks about what can we do in the future.

3:07:52

And I, you know, sort of contemplated, well, a lot of times you do need other permits, so that might be the best option.

3:07:59

But perhaps there's a new way to think about what the PCN request is.

3:08:04

Perhaps there's a way of making that in the future some sort of, you know, what is discretionary in order to decide whether to offer that letter.

3:08:12

So maybe what comes along with that is some sort of entitlement.

3:08:16

So that's my suggestion.

3:08:20

Supervisor Desmond.

3:08:22

Thank you, Mr. Chair.

3:08:23

I definitely appreciate the comments, questions from my colleagues as well.

3:08:27

Do we have any public comment on this?

3:08:30

No, we don't.

3:08:32

Okay.

3:08:33

So, you know, we struggle and I'm looking now more at Todd and Kimber over there with this issue of the conditions.

3:08:40

And yeah, we have had this PCN process.

3:08:43

We've had applications coming here.

3:08:45

There's use permit associated with it.

3:08:47

We attach those conditions to the use permit.

3:08:49

No problem because we can enforce those ourselves.

3:08:52

But, and Todd and I were just talking, you know, a couple hours ago about this situation.

3:08:58

So ABC has told you that they will respond to a complaint from wherever, whether it's county, a citizen, a representative or a sheriff's department,

3:09:08

will they investigate and take action on that?

3:09:10

Is that what they told you?

3:09:12

So to be very clear, did not speak to an ABC staff.

3:09:18

There was just not enough time to get a hold of somebody.

3:09:20

A work was, we have someone we've worked with before who is in that business of licensing and working with ABC.

3:09:30

And they're the ones who confirm for me that they act to complaints.

3:09:35

And that's really the best way to get action because otherwise, you know, they don't really have a lot of enforcement budget.

3:09:43

Todd, can you comment on that?

3:09:45

Because I know you've had a lot of conversations with them.

3:09:47

Yeah, Todd Smith, planning director.

3:09:49

I can confirm what Mr. Kuchee is saying.

3:09:52

I do have a phone call into ABC staff directly, but it is in reviewing the business and professions code.

3:09:59

It's exactly what Mr. Kuchee is saying as it relates to ABC's authority and or responsibility to add conditions as maybe recommended by the sheriff with appropriate justification.

3:10:12

And the business and professions code also stipulates that violation of such conditions may be grounds for revocation or suspension or all the other remedies that Mr. Kuchee mentioned.

3:10:24

Okay.

3:10:25

Thank you.

3:10:26

That's helpful.

3:10:27

We put a lot of, we have really hesitated to issue a PCN because of that kind of enforcement thing.

3:10:33

And I'm not quite sure it's as much of an impediment as we think it is as long as there is another avenue to make sure ABC does their job if a violation is reported to them.

3:10:44

Because these conditions will be imposed on your license, the exact conditions that the sheriff recommended.

3:10:50

That will incorporate those recommendations from the sheriff.

3:10:53

I would like to approve those before we can even get the license from ABC.

3:10:56

Okay.

3:10:57

So, yes.

3:10:58

So, I'm inclined to override staff's recommendation.

3:11:03

I hate doing that, Kimber, because I mean, you're, you're, you're such a wonderful job, the planning staff, and I hate, I don't do that lightly.

3:11:10

I want you to know that.

3:11:12

I'm extremely familiar with this area.

3:11:14

Very familiar with this building, familiar with it when it was a jewelry store.

3:11:45

I don't like using that cliche, let's not let the perfect be the enemy that good or something is better than nothing.

3:11:51

I think that's a little more than that.

3:11:53

I think from a convenience evaluation, I think about all those other liquor stores that don't have food items.

3:12:00

They don't have dairy.

3:12:01

They don't have fresh produce.

3:12:02

They are just liquor stores.

3:12:03

I'm familiar with those liquor stores.

3:12:05

I think this will add a convenience, certainly, that they don't have.

3:12:09

And with that, Mr. Chair, I'm prepared to recommend denying staff's recommendation and approving or making a finding that this does meet public convenience and necessity.

3:12:22

I'll second it.

3:12:23

Okay.

3:12:24

We have a motion and a second.

3:12:25

I take it you're done.

3:12:27

Yes, I am.

3:12:28

Okay.

3:12:29

Smart.

3:12:30

Anonymous vote.

3:12:33

Thank you, everyone.

3:12:35

Thank you, guys.

3:12:36

Next item, please.

3:12:38

Item 48 is the Greenback and Hickory project.

3:12:42

This is a use permit, special development permit, tentative parcel map, design review and PCN for a property located at 8, 6, 9, 5 Greenback Lane at the northwest corner of Hickory Avenue and Greenback Lane in the Orangeville community.

3:12:56

And the environmental document is a mitigated negative declaration.

3:13:00

Great.

3:13:01

Hello again.

3:13:06

All right.

3:13:07

So good afternoon again.

3:13:09

Kimber Gutierrez senior planner with planning and environmental review.

3:13:12

I will be presenting the Greenback and Hickory project to you all this afternoon.

3:13:17

And again, just another shout out to Irving Huerta, who is the project manager for this project and has brought the project all the way through the process.

3:13:26

All right.

3:13:27

So starting with location and setting.

3:13:29

The project site is located at 8, 6, 9, 5 Greenback Lane on the northwest corner of Hickory Avenue and Greenback Lane in the Orangeville community.

3:13:38

The project site is currently vacant.

3:13:42

In April of 2018, the board approved a zoning ordinance amendment to modify the permitted uses on the subject property from business professional office zone.

3:13:51

Sorry, business professional office uses to the uses permitted in the light commercial zoning district.

3:13:57

This amendment allowed most uses permitted in the LC zone, including automobile service station and many storage uses.

3:14:05

There was one code violation cited on the subject parcel for overgrown vegetation in 2023.

3:14:11

However, that code violation has been remedied and the code case is closed.

3:14:17

The site is located within the Greenback Lane special planning area and has a sub zone of light commercial surrounding land uses include single family residential

3:14:26

to the north, a grocery store to the east, a gas station to the south and a congregate care and senior living facility to the west.

3:14:34

The project site is identified on the housing element vacant land inventory for 26 lower income units.

3:14:42

The proposed development of the parcel would not result in the development of those units.

3:14:46

However, there are sufficient remaining sites in the housing element inventory to meet the county's remaining renum requirements.

3:14:54

The subject property is located within census track 8203, which has a baseline authorization of two off sale liquor license.

3:15:06

On the screen is the one mile radius map which shows the active off sale license sensitive uses and vacant parcels within one mile of the subject site.

3:15:16

There are nine active off sale alcohol license in this radius.

3:15:20

One is type 20 and eight are type 21 of those nine establishments located near the site.

3:15:27

Five function as a convenience store.

3:15:29

One functions as a retail drug store and three are grocery stores or markets.

3:15:34

And it should be noted that that retail drug stores license is currently surrendered.

3:15:39

So it is considered active, but it is not being used at this time.

3:15:43

It is a surrendered license.

3:15:45

Staff also identified a number of sensitive uses within one mile radius of the site, including nine schools and four daycare centers.

3:15:53

And we also cross reference vacant parcel data with the zoning map and identify that the nearest vacant parcel is around 280 feet east of the subject site.

3:16:02

Lastly, the property is within Sheriff's District 3 sub area central Orangevale, which is considered a high crime area.

3:16:12

The proposed project involves two separate requests on the same property.

3:16:16

The first is to is for a tentative parcel map use permit special development permit and design review to split and develop a vacant 2.84 gross acre parcel with an automobile fueling station convenience store and mini storage facility.

3:16:32

All within the greenback lane special planning area.

3:16:35

The second request is for a PCN letter to allow a type 20 liquor license for the proposed convenience store.

3:16:43

I will go over the various deviations and use permit requests in the following slides.

3:16:52

Here's the tentative parcel map.

3:16:54

As you can see, the vacant property is proposed to be divided into two new commercial parcels.

3:16:58

Proposed parcel one at the corner of greenback and Hickory would would be where the gas station and convenience store would be located and is proposed to be 1.33 acres in size.

3:17:09

Proposed parcel two is where the proposed mini storage facility will be located and the parcel would be 1.51 acres in size.

3:17:17

Both parcels would also be required to connect to public water and public sewer.

3:17:24

Here's the site plan.

3:17:26

I'm going to walk through a couple of different components, the first being access and circulation.

3:17:31

So both parcels one and two will have access to the adjacent public streets.

3:17:36

Parcel one will have a new driveway along Hickory Avenue and greenback lane.

3:17:41

And parcel two will be accessed from a 24 foot wide access road that runs along the northern property line from east to west from Hickory Avenue.

3:17:50

Cross access will also be provided via a 21 foot wide drive running north to south along the western side of the both parcels.

3:17:59

And on the southern terminus, the drive merges into the proposed greenback lane driveway entrance and at the northern terminus, the driveway will intersect with the existing access road.

3:18:09

Which that does allow for connection to Hickory and access to the adjacent congregate care facility.

3:18:18

As the site is currently vacant, there will be various easement dedications and street improvements required along both Hickory and greenback.

3:18:27

The project will be required to dedicate right of way, which would include intersection widening.

3:18:32

Additionally, public utility public facility easements are required to be dedicated along both Hickory and greenback lane.

3:18:39

And those would include class A street improvements, so curb gutter, sidewalk, pavement and street lights, as well as the installation and upgrading of pedestrian access ramps.

3:18:50

For the automobile service station proposed on parcel one, the gas station will include six multiple product dispenser stalls located underneath a fuel canopy serving up to 12 automobiles at any one time.

3:19:05

And originally the automobile service station did include six new dedicated EV charging parking stalls along the frontage of greenback.

3:19:15

However, following the Planning Commission hearing in October, the applicant did change the EV stalls to EV ready stalls.

3:19:22

Their EV charger vendor went out of business.

3:19:25

So the revised plans do now depict the future EV ready stalls.

3:19:29

And there's no anticipated timeline of when those would be changed to EV stalls.

3:19:36

There's also a monument sign proposed at the corner of Hickory and greenback, which will display fuel prices along with ARCO and AMPM brand logos.

3:19:46

For the convenience store, the proposal is a 2,900 square foot building, which will have parking stalls, 12 parking stalls to be exact, located around the store and a new trash enclosure.

3:20:00

The convenience store will be subject to operational restrictions through conditions of approval.

3:20:05

And the applicant's request does include allowing the convenience store to operate 24 hours.

3:20:13

For the mini storage facility on proposed parcel 2, 23 parking stalls are proposed, which will be located on the side and rear of the site.

3:20:23

And then lastly, their masonry wall is required along the western side of the property.

3:20:31

This is to meet a zoning code requirement, which requires a masonry wall between commercial uses and residential zones.

3:20:42

To meet this requirement, the western side of the property will be graded to expose an existing masonry wall that is there.

3:20:49

It's not quite clear on what the height of that existing wall is.

3:20:57

However, a condition of approval has been incorporated to ensure that a six foot tall earth tone split face masonry wall will be built along that western side, regardless of what is exposed after grading.

3:21:12

Due to the project's location within the Greenback Lane SPA, the convenience store will incorporate a town and country architectural elements.

3:21:20

This includes stone veneer, beige colors, and hipbed roofs.

3:21:24

The convenience store building will also have an office, utility room, restrooms, freezers and coolers, sales area, food prep area, and cashier.

3:21:34

And here is the gas station canopy.

3:21:37

The fuel canopy will display the ARCO branding logo on the western, eastern, and southern sides of the canopy, so on three of the four sides.

3:21:45

Under the use permit, there is a request to deviate from the design clearance height as well as the allowable roof structure height.

3:21:53

The reason for these deviations is to allow for the canopies to meet the architectural requirements of the Greenback Lane SPA.

3:22:05

Here is the mini storage building.

3:22:07

The proposed indoor climate controlled facility will consist of a two level building, including a basement, and is designed to resemble a red barn.

3:22:16

To provide additional privacy to the care facility, the building will have faux windows along the exterior of the building, so the windows you see are fake.

3:22:26

And then operations-wise, patrons will be able to access the mini storage facility at any time of the day as they will be given security codes to enter the building.

3:22:38

Here is the landscape plan.

3:22:39

New landscaping is proposed along the perimeter of the project site, throughout the proposed convenience store, and around the convenience store and mini storage buildings, as well as throughout the parking areas.

3:22:52

Along the Hickory Avenue slide, there will be a mix of California natives for water retention purposes, vines, grasses, and small evergreen shrubs.

3:23:01

And there will be approximately 10 new street trees along with 7 new ornamental trees, and then there also will be the retention of an existing live oak.

3:23:10

On the Greenback Lane side, there is a variety of street trees and ground covers proposed, both within the perimeter, planter, and throughout the parking lot planters.

3:23:21

As part of the special development permit request, the project is deviating from the Landscape Planner Standard, adjacent to residential zones.

3:23:29

So a minimum 7 foot wide continuous landscape planner is required for commercial uses at property lines shared with a residential zoning district.

3:23:37

Landscaping within that planner should consist of screen trees spaced 30 feet on center, in combination with other plant materials who provide a visual screen.

3:23:46

As proposed, the planner begins at 7 foot wide near the driveway entrance of the gas station and does reduce down to 4 and a half feet for the remainder of the project site.

3:23:59

There was discussion about this landscape planner at the Planning Commission, which I will discuss further on a later slide.

3:24:08

An initial study and mitigated negative declaration was prepared pursuant to the California Environmental Quality Act for this project.

3:24:14

It was released for public review on September 9th.

3:24:17

The analysis discussed the impacts listed on the slide, and it did conclude that the project would result in a less than significant impact to most environmental topics.

3:24:28

However, in regard to air quality, biological resources, cultural resources, and greenhouse gas emissions, the ISM&D did conclude that the project would result in a less than significant impact with the implementation of mitigation measures.

3:24:41

So we did prepare a mitigation monitoring and reporting program to ensure compliance with mitigation implementation, notification, and verification of actions.

3:24:52

The Orangevale CPAC met on May 7th of this year, where a motion to recommend the board approve the requested entitlements failed at a 2 yes 4 no vote.

3:25:02

Therefore, the CPAC does recommend the board deny the requested entitlements.

3:25:07

CPAC had concerns regarding the proposed setbacks, compatibility of the project, the dense nature of the project for a small infill corner, over concentration of gas stations in the area, and as well as the proposed alcohol sales.

3:25:23

There was a total of five public comments.

3:25:25

The main concerns brought forward were regarding increased traffic and noise, as well as concerns over the western access driveway being used as a shortcut.

3:25:34

Landscape plan or deviations, health risks with the gas station safety concerns, lack of meandering sidewalks as required by the Greenback Lane SPA, as well as over concentration of gas stations in the area.

3:25:49

The Orangevale CPAC met again on September 3rd to consider the PCN request.

3:25:54

There were two public comments, both in opposition due to safety concerns and opposed overall to the development.

3:26:01

The CPAC further added that they had concerns about the proposal, particularly safety and proximity to the care facility, as well as the abundance of alcohol options within the surrounding area.

3:26:12

Following the deliberation, the CPAC did vote to recommend denial of the PCN request to the board with a 3 yes 1 no 1 absent.

3:26:21

The Design Review Advisory Committee met on May 9th of this year and recommends that the board find the project in substantial compliance with the design guidelines.

3:26:33

And then the project was considered by the Planning Commission on October 7th, just the development proposal piece of it.

3:26:39

The Planning Commission did have concerns related to site access, the landscape planner deviation, wall requirements and proposed alcohol sales.

3:26:48

There was one verbal public comment citing concerns over their site being used as a shortcut from Hickory Avenue, potential traffic and noise generation and safety regarding proposed alcohol.

3:27:00

After public comments, the Planning Commission is deliberated over the landscape planner deviation and kind of the lack of screening that was proposed, adjacent to the senior care facility.

3:27:10

The commissioners believe that this deviation could be brought into compliance with some adjustments to the site plan.

3:27:16

To address the commissioners concerns, the applicant proposed installing trees on the side of the senior care facility site at their own cost or installing Italian Cypress trees in the proposed 4-foot wide planner to address screening.

3:27:31

While they were appreciative of the suggestions, the commission did have the preference to strike the deviation from the special development permit completely.

3:27:39

So they did vote a 4-yes, 0-no, 1 absent to recommend approval of the project with the exception of the landscape planner deviation in the special development permit.

3:27:52

The applicant has prepared the exhibit that's on the screen for consideration by the board.

3:27:57

This does show additional information to the landscaping that was proposed at the Planning Commission hearing.

3:28:03

Context photos of existing trees on the adjacent care facilities property is shown through the photos on the left, and then they also provided a cross-section, which is shown at the bottom of the screen to kind of show the difference in elevation between the proposed commercial development and the care facility side.

3:28:20

Following the hearing, staff did meet with the applicant to discuss revisions to the plans to address the Planning Commission's concerns and recommendations.

3:28:28

Due to what is being proposed, the size of the buildings and the lot layout, there is not efficient space to widen the landscape planner to 7 feet without compromising the size of the buildings with the fire lane or with the frontage landscape improvements along Hickory Avenue.

3:28:45

So therefore, staff is recommending keeping the landscape planner deviation with an added condition of approval to plant skyrocket juniper shrubs 6 feet on center along the west property line.

3:28:57

We did work with our landscape architects. Skyrocket juniper shrubs are one of the several shrubs that are already listed in the plant key on the landscape plan and can grow up to 20 feet in height and look very similar to Italian Cyprus.

3:29:12

They're easier to maintain. They do get about 3 feet wide, so the 6 feet on center spacing may propose some gaps. However, the condition also reads that alternative species and spacing shall be approved by the landscape planner in order to provide a more dense screen.

3:29:30

So one of the options that was thought of is to kind of cluster the shrubs together to kind of provide more dense screen with some gaps in between those. So there are some alternatives that can be worked out at the improvement plant stage.

3:29:42

Based on staff's analysis, the requested deviation and added condition would not attract from the quality of the development proposed and would address the screening concerns and would continue to meet the special development permit findings.

3:29:55

The proposed project is consistent with the general plan, community plan and zoning code as conditioned. The remaining sites identified in the housing element, affordable housing inventory are adequate to meet the county's remaining Rina needs.

3:30:11

The project is compatible with surrounding zoning and land uses. There are no significant environmental concerns. It was found consistent with the design guidelines by the DRAC.

3:30:20

And although the project was not supported by the CPAC, the project would be establishing new active uses like other commercial uses in the surrounding area.

3:30:28

And the installation of street improvements would also provide a safer environment for various modes of transportation traveling along both Greenback and Hickory.

3:30:36

I do have the key conditions listed on this slide. Number 11 is the masonry wall condition. Number 12 is the landscaping condition.

3:30:48

Conditions 113 through 121 are also noted on this slide. They are the sheriff's office conditions related to the PCN request.

3:30:57

So although that the subject property is within the high crime reporting area and that the approval of the liquor license would result in an over concentration of the census tract, the recommended sheriff's conditions have been placed on the development proposals, findings and conditions document.

3:31:11

And the applicant has accepted these conditions.

3:31:15

So those conditions related to the sale of alcohol as well as conditions regarding security cameras and compliance with crime prevention through environmental design principles are included to help limit crime at the property.

3:31:29

Therefore, staff is recommending that the board take two actions. The first is for the development proposal. So determining that the environmental analysis prepared pursuant to CEQA is adequate and complete.

3:31:41

Adopting the mitigation monitoring and reporting program. Approving the use permit, special development permit, tentative parcel map, subject to findings and conditions, and finding the project and substantial compliance with the design guidelines.

3:31:53

And then the second action would be to approve the request for public convenience or necessity in accordance with California Department alcohol beverage control regulations.

3:32:03

With that, I'll conclude my presentation and I'm available to answer any questions and the applicant is also in attendance and available to answer questions.

3:32:12

Any questions from the board?

3:32:14

Okay, seeing none, would the applicant like to present to the board?

3:32:21

Good afternoon.

3:32:23

You made it.

3:32:24

Board of Supervisors.

3:32:25

Boy, that was a tough one. Not in my 43 years if I had that much trouble making it down 160.

3:32:33

My name is Paul Petrovich. I guess we didn't do a swearing in or anything. Usually I'm used to saying.

3:32:40

Yeah, I can do that. Just one second.

3:32:42

I swore and affirmed.

3:32:43

Yeah, I'll do that right now.

3:32:46

Please raise your right hand and the appropriate responses. I do. Do you swear that the testimony you're about to give this board is the truth? So help you God.

3:32:54

I do.

3:32:56

When you get just go ahead and state your name again and that you've been sworn.

3:33:00

My name is Paul Petrovich with Petrovich Development Company.

3:33:04

If you'd like to be a board clerk, you're hired.

3:33:06

I first want to thank staff. This has been six years and I've owned the property for 20.

3:33:16

And we've been trying to find a use that makes sense here and can afford all the extraordinary on and off site costs that this project has.

3:33:24

And it's, you know, I've done very large projects and small projects and infill small projects are harder.

3:33:33

And there's a lot of things you have to contend with and staff did a great job Irving and all the way from Mr. Smith to Mr. Defante were all involved in bringing this plane to hopefully a successful landing.

3:33:51

I would like to say that the history of the project was that it was an eyesore and a haven for crime and and debris and homelessness.

3:34:02

It was completely overgrown with shrubs and scrub oaks.

3:34:07

And when we cleared the property about two years ago, we found guns related to crimes, all kinds of drug paraphernalia, hypodermic needles and homeless camps.

3:34:19

We cleaned it all out.

3:34:21

It cost about $200,000 to grade the property, remove 14,000 cubic yards of dirt, which is a large amount.

3:34:30

It was like 800 truckloads.

3:34:32

And that cost alone was one of the things that kept this property from being developed as it's been zoned for either office or retail for the last 70 years.

3:34:42

The other challenge behind this project and who has the slides I submitted Irving said that he was going to load them up.

3:34:55

Metro Cable, can you pull up the slides and make sure that they have them?

3:35:01

I'll note Mr. Petrovich, you said truckloads of dirt not rail cars full of dirt.

3:35:07

So I'll keep talking about the the public improvements as we look for the slides to come up.

3:35:17

But the site is requiring a full additional lane improvement along Greenback Lane.

3:35:25

How do I get this?

3:35:32

I thought I had these in order but so everything you see in green has been one of the biggest economic challenges besides the enormous amount of soil that was on the property.

3:35:44

There's just under $2 million of public improvements and pedestrian connections and bus stops and dedicated turn lanes that are associated with this project that are the burden of the project.

3:35:57

There's no help from any public agency or what have you and there's no budget in your transportation program to do these improvements.

3:36:06

In fact the county just put an overlay on the blue sections but we have to come in here like in many times in infill projects and do these massive improvements.

3:36:17

I'll address one of the concerns about cut through traffic.

3:36:22

We, I, when the Almond Heights development went here, they wanted to acquire my property for $200,000 and I said no thank you but remember I'm zone commercial so keep that in mind.

3:36:40

Well they asked me for this easement across my property right here and it's 35 feet and they needed it for emergency access because they only had the one entrance on Greenback.

3:36:51

They granted them that easement no cost and they improved it to 24 feet to allow for emergency vehicles.

3:36:58

Well it turns out it was then expanded to be used as daily use by the project for loading and other purposes.

3:37:09

I didn't raise a fuss, I'd you know live in that live.

3:37:14

But in the last few hours we got a comment letter that came out of nowhere that is complaining about the 35 foot easement and the balance of the easement is being used for bioswale and for parking for the storage facility which is not restricted and is allowed under the easement.

3:37:35

The reason why there may be existing cut through traffic is because these road improvements that I'm doing aren't in.

3:37:43

Once it's easier to traverse down Hickory, get into a turn pocket at a brand new signal with a maybe a right hand turned green arrow, hopefully their burden of having cut through traffic will be alleviated but it won't be as a result of this project.

3:38:00

The ARCO customers are going to be coming off Greenback and going back out on Greenback for the most part. Anything coming down Illinois would only be from the residents of that community.

3:38:13

So going back, how do I get this thing to go back?

3:38:21

Maybe this is it.

3:38:22

So this is what the site looked like before we hauled off all the dirt.

3:38:28

It was a massive undertaking as indicated and then this is what the Almond Heights site looked like before anything was built out there.

3:38:41

Current conditions are,

3:38:49

give you orientation. This is where it is in Sacramento County. It's about a mile and a half from Hazel Avenue.

3:38:57

This is where the greenback.

3:39:02

Here's a close up of the site and here is the project over here, this vacant piece of parcel here.

3:39:11

I want to point out the orientation to this 100,000 square foot WENCO that doesn't have the current landscape requirements nor parking lot landscaping.

3:39:22

There's a liquor store directly across the street and a quick stop here.

3:39:28

Both the WENCO and the quick stop are 24-7 operations and selling alcohol till 2 a.m.

3:39:36

ARCO has agreed to, in fact, corporate has automatic lock system that at 10 p.m. their coolers are shut.

3:39:44

They don't sell singles, they don't sell hard spirits and they certainly aren't the lowest priced between next to 100,000 square foot grocery store.

3:39:56

The other thing about those improvements, if you can see how this all lays out with that undeveloped corner, there's no pedestrian connections to the balance of greenback lane.

3:40:06

This project creates that. One of the reasons why it's not a meandering sidewalk is that the county has adopted linear sidewalks because they feel it's safer than having meandering sidewalks.

3:40:19

So as I hear staff present, I'm trying to fill in some of the blanks.

3:40:25

The general approach to the project was to create a project that economically drove all this infrastructure and all these costs associated with leveling the site.

3:40:40

ARCO is a Fortune 22 company. It costs about $8 million to build their facilities.

3:40:47

And the most important part about this is this is the station of the future. This is where they size their transformer and convert to EV as the demand occurs.

3:40:59

Currently Sacramento County is way behind the curve with only 8% EV registrations. The state's at about 25, mainly on the coast.

3:41:09

But the beauty of this project and BP being Europe's largest provider at 60,000 EV units and the leading investor in alternative fuels, this project eventually will have almost no noise emanating from it because we'll have electric vehicles coming into it and then charging, which is quiet.

3:41:32

So it's set up for the future, even though it is being designed and taking on conditions to mitigate it as an old gas station would otherwise be conditioned.

3:41:44

Again, the canopy had to be raised for standard truck heights and so forth and the staff and Drac wanted some sort of pitch to the canopy and so you know it's a 6 inch deviation.

3:42:01

It's not in feet, it's in inches.

3:42:05

This is kind of a 3D presentation of how it will relate to the various properties around it. It doesn't reflect the architecture.

3:42:17

We've seen that. This is the existing wall condition. We've removed so much dirt that we're exposing this concrete block wall between the two.

3:42:28

And we're going to, ARCO is going to make sure that it's six feet tall on their parcel.

3:42:36

And by the way, I am leasing to them so I will own the property and I will be building the self storage facility as well.

3:42:44

It's not going to be just sold off and left to somebody else to maintain and so forth.

3:42:50

And the idea on this wall is to the extent that it doesn't meet six feet along the entire boundary.

3:42:57

I would like to work with the Alman Heights ownership to add on to the existing wall and have a singular wall.

3:43:10

If they're not accepting of that, I'm prepared to build what's required of me, but then we would have a gap between the two walls

3:43:18

and we would have a wall on my property being higher than their existing wall, creating not the best look for the community.

3:43:26

I have placed three calls and emails to Mr. Green and Mr. McDonald over the last three weeks to address any concerns they had with this project.

3:43:39

And no return phone call, no return email.

3:43:43

And then as mentioned about 11 o'clock this morning, we get a multi-page complaint letter for issues that have been fully addressed over the last numerous years

3:43:53

and at the Planning Commission and with staff.

3:43:58

I will address those shortly and quickly.

3:44:03

Of course, I'd like to reiterate what staff said that this had a full neg-deck environmental analysis

3:44:11

and we mitigated all the challenges that were shown on those conditions by receiving 165 conditions for this project.

3:44:20

The first concern that was shown or expressed this morning by the Alman Heights development was excessive lighting that may impact their residents in canopy lighting.

3:44:34

All of the lighting along this boundary line will be directed inward towards the site.

3:44:41

If anything, their existing parking lot lights that you see in this photograph shine towards their facility.

3:44:48

Ours shine away.

3:44:50

As for the canopy lights that are in Arco's canopy, those lights are recessed up into the can and have a narrow cone that comes down onto the cars as they fuel.

3:45:03

And the important part about that is there's not light leakage.

3:45:07

They have many cans so it illuminates just the area under the canopy and you're not looking up into hot spots.

3:45:18

Alcohol sales and hours of operation.

3:45:24

There's three allowed. The type that Arco is seeking, it's not hard alcohol, it's beer and wine.

3:45:29

They do not sell in singles. They only sell six packs.

3:45:33

They have highly trained personnel. This is a corporate store.

3:45:38

Like I said, the cabinets, the freezers or the coolers all automatically lock at 10.

3:45:45

And this will add a tremendous amount of surveillance and lighting to make the police job easier by activating this corner will help hopefully reduce crime.

3:45:58

Residents have it be a haven for crime.

3:46:01

The sheriff's department gave us a very mild letter.

3:46:04

We adopted all of their concerns into our conditions.

3:46:10

Like mentioned, quick stop and win code both are 24 seven operations with no restrictions until 2am state law to sell and they sell singers singles and hard liquor.

3:46:26

As for 24 seven operation.

3:46:28

Believe it or not, this is a benefit if they're not selling alcohol after 10.

3:46:34

But to have somebody on site with lighting and eyes on the street.

3:46:39

This is a better condition than having the plate the store dark and nobody paying attention to what's going on.

3:46:48

And they won't again be selling alcohol. It's just for convenience of their customers.

3:46:56

High crime.

3:46:57

Cheryl, my wife of 35 years and I raised our kids in Faroaks about a mile and a half from here.

3:47:06

We were subject to crime.

3:47:08

And you know, we did our best to deal with it.

3:47:12

And we've owned property out here in Orangeville and in Faroaks for almost 40 years.

3:47:20

When I get a comment about this being a high crime area that already existed.

3:47:27

When the almond Heights owner bought it from the developer for $31 million.

3:47:32

So did the gas station as a standalone and the liquor store.

3:47:36

They've been there for longer than they've owned their property to kind of point the finger at this development and say it's the cause of more crime.

3:47:45

When it eliminated a place for crime to emanate and and and have a base is is hard for me to accept as a premise.

3:48:01

Landscape screening.

3:48:02

I think staff did an excellent job of explaining that.

3:48:08

And I'm prepared to plant the skyrocketing and the skyrocketing.

3:48:12

And I'm prepared to plant the skyrocketing Cyprus.

3:48:15

The key to this though is there is existing, as you can see just in this photograph already barriers that exists with mature trees.

3:48:25

And the condition now reads that I plant the skyrocketing Cyprus where there's not already an existing landscape buffer.

3:48:34

There was also a complaint that they're unfounded that there was not enough parking for this convenience store.

3:48:42

Soon after receiving the letter I spoke to Irving Huerta and I said remind me.

3:48:49

And after looking at the codes and looking at everything we're 200% of code.

3:48:54

We have 24 parking spaces.

3:48:57

You count the spaces where the empty parking space is located.

3:49:03

The APD dispensers are multiple product dispensers and you count the parking spaces on site.

3:49:09

The reason why it's over parked is that ARCO intends for this to eventually become an electric vehicle station.

3:49:16

That's the goal in the long term.

3:49:27

There was a complaint about noise.

3:49:30

We've all been doing this a long time.

3:49:33

Each of us on the board or you on the board and me on my end.

3:49:38

A six foot concrete wall is the number one noise preventative and the reports prove that over and over again.

3:49:46

But in this case on top of that with 20 foot tall Cyprus trees.

3:49:51

I don't know if you're aware of this but a lot of times landscaping and trees act nearly as well in abating noise than does a concrete wall.

3:50:03

I explained the easement which was another item brought up in the last minute letter.

3:50:12

Almost there guys.

3:50:14

Hang in there.

3:50:15

Health risk.

3:50:16

Some of you have probably served on the air quality board.

3:50:21

Thank you for that service.

3:50:22

As you probably know gas stations are subjected to rigorous studies from third party companies like Rincon.

3:50:31

And they take into account the wind direction.

3:50:33

They take into account how many gallons are most likely to be pumped from a station like this.

3:50:41

And not to get too technical but it's the release of benzene the active ingredient gasoline and it dissipates in about 200 feet.

3:50:50

And when you have prevailing winds in this case north to south there is almost no risk to anybody living in the.

3:51:01

Senior memory loss facility next door.

3:51:04

Then when you add on top of it a two story 81,000 square foot self storage facility it even buffers that more.

3:51:15

So the reports BP cannot ARCO cannot get their license unless AQMD studies it and then they'll limit their gallonage if there is an issue.

3:52:01

I want to reiterate the cost and expense for this infill project.

3:52:08

I have been very sensitive to how I am always them when I develop infill projects.

3:52:14

This was not imposed on me this red barn approach to the self storage.

3:52:19

This was my creative nature and how I go about my projects to make them fit into the community and Orangevale's long standing been an agricultural themed community.

3:52:31

And I don't think there could be a better way to buffer the existing neighborhood and buffer the gas station and make something appealing on the balance of this parcel compared to all the other uses that were that are allowed.

3:52:47

This is the back of the building and again red barn facing Almond Heights and then just beyond that you can see a handful of loading stalls into the back of the building away from Hickory.

3:53:02

That's the conditions we see across the street with the liquor store.

3:53:12

In the far part you can see the quick stop in the building here without completed sidewalks no landscaping to speak of previous condition current condition.

3:53:25

That's what we're dealing with now we have more to go.

3:53:29

We have to lower the site even further and then put in all the frontage improvements at the hard corner that you see are missing at this point.

3:53:36

I would like to answer any questions.

3:53:40

If the board has any any clarifications.

3:53:45

Supervisor Frost.

3:53:47

No.

3:53:48

Yep.

3:53:49

I just wanted to ask you about the easement there was concern regarding traffic that would cut across and there was a conversation around that possibly being an issue.

3:54:07

Supervisor Frost.

3:54:09

If you look at the site plan the current cut through conditions occurred for two reasons one the development of Almond Heights not this project because they converted what was supposed to be an emergency access easement.

3:54:22

That's where they're talking about they're not talking about the front portion.

3:54:27

No.

3:54:28

Right here.

3:54:29

Right here.

3:54:32

That's the easement that I granted to Almond Heights and then what we did is we bring the driveway through here this needed to be narrowed because the fire department wanted three more feet we had seven feet they wanted three feet for their outriggers.

3:54:45

So that caused the pinch on the landscaping planner there.

3:54:50

And so because it continues all the way to Greenback.

3:54:55

They're already cutting through that easement going through Almond Heights and now in the greenback.

3:55:00

Now if anybody anything's going to happen they're going to come through well I'm going to have a gate there not going to the storage facility.

3:55:05

But they're thinking for some reason that this project is going to create more of it when in fact this project is going to improve the streets.

3:55:11

So it's unnecessary or at least far less necessary with a full width addition to Hickory and a right turn dedicated lane on Hickory turning on the greenback.

3:55:22

And the noise are they talking about noise from the station because there's noise from the street already.

3:55:30

So I'm curious about the noise.

3:55:32

They're worried that the station will add noise that's already not there.

3:55:39

Maybe they're going to come up and talk I don't know.

3:55:42

As a lot of us know you're supposed to bring in experts to make comments such as that this is a lay person's opinion in my opinion.

3:55:55

It's something that we hear you know through the decades oh it's going to cost too much noise but we're mitigating that with the six foot concrete wall and the landscaping.

3:56:04

So the amount of noise that's coming off this site and not to mention just on the other side of the senior facility is an active full size fire department that has ambulances and fire trucks that are in and out all hours of the night.

3:56:23

And whereas the ARCO you know people coming if anything we have a wall between us ARCO and their property but across the street the quick stop plus the traffic noise that's coming straight into their property without a wall.

3:56:36

So I'm having difficulty accepting the idea that this is going to cause a noise problem.

3:57:08

Oh sorry.

3:57:10

Just confirm Mr. Petrovich the building for the self storage is not a barn to me.

3:57:16

Barn to mania inside Joe.

3:57:19

I was going to say I thought that building looked very soothing peaceful.

3:57:24

By the way the study just came out the storage facility is going to average eight customers per day.

3:57:32

Some single family homes have that much maybe two or three.

3:57:36

It's that it's that benign.

3:57:38

That's like an entire town in Arkansas.

3:57:46

Okay do we have public comment.

3:57:50

Roger.

3:57:52

Do they need to be sworn Madam clerk.

3:57:55

Yes.

3:57:57

Why don't we have everybody who plans on speaking stand up and raise your right hand and we will swear you in and then when you come to the podium please state your name and the and the words I have been sworn.

3:58:07

Thank you so much.

3:58:09

Do you swear that the testimony you were about to give this board is the truth so help you God if you do not swear do you so affirm.

3:58:16

Yes I do.

3:58:18

Thank you.

3:58:25

Thank you.

3:58:27

Excuse me.

3:58:29

Good afternoon Mr. Chairman and board members.

3:58:33

My name is Roger Green and vice president of construction for MBK senior living.

3:58:39

Our address is for Park Plaza.

3:58:42

That's Irvine California.

3:59:00

We care for 115 seniors.

3:59:04

We employ about 100 team members.

3:59:10

And there are many families and support services that visit our community.

3:59:16

Today I'm here to comment on the proposed gas station self storage project.

3:59:21

MBK owns Oman Heights which is 115 unit assisted living memory care community located adjacent to the gas station project.

3:59:29

Our address is at visit our community such as the Alzheimer's Association.

3:59:35

We are also a licensed residential care facility with the state.

3:59:41

We're extremely concerned about the proposed gas station project and how this will impact our business and how we care for our seniors.

3:59:50

There's an overcap concentration of gas stations and alcohol sales in this district which is a concern to MBK and how we operate our community.

4:00:00

Yesterday I submitted a comment letter to the board outlining in detail our concerns.

4:00:08

Briefly we are concerned with compatibility of the use or in our opinion it's not compatible with a residential care facility.

4:00:19

We're concerned with the 24 hour nature of this business.

4:00:24

Alcohol sales in a high crime area.

4:00:29

Lights that are visible to our second floor residents who live on the second floor.

4:00:35

There is still a significant grade difference between this property and Oman Heights.

4:00:41

Landscape screening.

4:00:43

Can you wrap up sir?

4:00:44

Oh sorry.

4:00:45

Thank you.

4:00:46

Driveway easement.

4:00:48

The board is requesting that the board deny this application.

4:00:52

If not, if this is not possible we respectfully ask for a continuance so we can work with the developer to try and mitigate some of these issues.

4:01:01

If we're going to be neighbors I believe the developer needs to come to the table to address some of these concerns before the board approves this application.

4:01:10

Thank you.

4:01:11

Thank you.

4:01:14

Please join hammer.

4:01:19

No we have to have it on the record.

4:01:24

Yeah.

4:01:26

Do we have a mic?

4:01:27

Oh you do.

4:01:28

Oh.

4:01:29

I've never had that before.

4:01:39

I don't think I need that.

4:01:44

We have to have it on the record.

4:01:46

Okay.

4:01:47

Thank you.

4:01:48

Thank you.

4:01:49

Being a former school teacher and principal I developed some good lungs.

4:01:56

I'm president of the resident council at Almond Heights and I really am going to share the feelings that the residents now that they have begun to hear about what is proposed to be built on that corner.

4:02:20

There isn't anyone that doesn't agree that something needs to be done there but they are concerned for the building, the noise, the dust, the chemicals that will be around them when this is to be built.

4:02:46

And I do understand that there are some requirements that will make a difference but if dust is the worst and as it is now the easement as accommodating as it is to Almond Heights it is also accommodating to the fire department who you are.

4:03:15

Who uses that easement quite heavily and so do other people who want to avoid the traffic light.

4:03:28

So they will come in on the one side and use the easement to cut over to Hickory and vice versa.

4:03:38

And that is not pleasant at all.

4:03:42

So I've been a resident there for three years so I do know what I'm talking about.

4:03:50

Thank you very much.

4:03:52

Thank you, ma'am.

4:03:54

Steven McDonald.

4:03:58

Thank you, Flo.

4:04:03

I'm the executive director of the senior living community Almond Heights in question next to the project.

4:04:14

I've spoken in opposition to the proposed projects since the community meeting.

4:04:19

I'm usually the one person that's been commenting on most of it throughout.

4:04:25

Obviously as a lay person noise is a concern of mine for my residents.

4:04:31

Whilst we are on Greenback and it is a busy road the proportion and how the building is laid out.

4:04:38

The majority of residents actually are not built along Greenback itself.

4:04:43

And so the addition to businesses adjacent to the length of the building is a concern that we have for noise on that.

4:04:51

I know we've been working with the owner Paul about landscaping and the easement and the deviation from the landscaping on there.

4:05:01

And we want to keep working with Paul on that to be able to come up with a solution that works for everyone.

4:05:09

However, the combination of gas station mini storage right next to so close to a care facility is a concern for the 115 residents that I'm in charge of taking care of on a regular basis for the many reasons that have been put into comments on multiple meetings as well as this one as well.

4:05:33

Thank you.

4:05:34

Thank you.

4:05:36

Thank you.

4:05:38

I want to ask you to introduce our last public speaker.

4:05:41

Mr. Petrovich would you like to approach don't feel compelled.

4:05:49

I get the high sign.

4:05:51

Stephen and I have talked.

4:05:54

Every concern that they've brought up we've added conditions or modified conditions.

4:05:58

So we've done what we can as far as easement goes.

4:06:01

They can lock that off and make it only for firetrucks if they don't want.

4:06:05

I think we have a lot of work to do.

4:06:08

I think we have a lot of work to do.

4:06:11

Dust I hear that nice ladies comments.

4:06:15

County has a lot of strict requirements for construction on how many hours and what type of vehicles and so forth and what exhaust requirements are.

4:06:25

This has always been a retail corridor.

4:06:27

We're trying to finish the last piece.

4:06:30

I think we have a lot of work to do.

4:06:33

We have a lot of public improvements and what will probably 25 million dollar project and do an infill project in an area that's been long neglected.

4:06:41

So I ask you for your support.

4:06:43

Thank you.

4:06:45

Supervisor Frost.

4:06:47

I just.

4:06:49

I think I heard everything from Paul but I just have a couple of questions for staff.

4:06:54

I don't know if it's for Kimber.

4:06:59

I'm just wondering if you have any questions for the staff.

4:07:02

I'm just visiting this project for a long time and there have been a lot of conditions over time and I'm I've been briefed on it several times and I didn't.

4:07:14

And I had the impression when I came to work today that this all the conditions had been discussed and that there was.

4:07:24

The way that we had dealt with the conditions.

4:07:26

Did I misunderstand something or the letter at the last minute was a surprise for me.

4:07:32

And all these conditions.

4:07:34

It seems like they've already been revisited.

4:07:38

Am I missing something?

4:07:40

They have been revisited by staff and the applicant.

4:07:43

And then we did provide the link to the materials to the adjacent care facility as well.

4:07:52

Okay.

4:07:54

And.

4:07:56

I I guess I'm.

4:08:00

I'm not able to see any reason not to approve this project.

4:08:07

I'm sensitive to.

4:08:09

You know this something new coming in next door and not knowing how that's going to play out.

4:08:14

I'm not sure I I would respectfully have to wonder if I can agree with all the.

4:08:25

All the counter arguments regarding the project.

4:08:29

I think dust is going to be less when that is developed.

4:08:33

I don't think that noise.

4:08:36

I think there it seems like every condition has been.

4:08:40

Addressed and.

4:08:43

I'm not sure what the other one is.

4:08:46

I'm not sure what the other one is.

4:08:49

So I'm going to support the project.

4:08:52

And I'd like to move approval.

4:08:55

Motion to second please vote.

4:08:58

Unanimous vote.

4:09:00

Thank you.

4:09:01

Next item please.

4:09:03

Item 49 is the Sacramento County child death review team and Sacramento County fetal and infant mortality review.

4:09:40

Good afternoon everyone.

4:09:42

I'm Janae Eustis.

4:09:44

I'm the CEO and president of the child prevention center here in town and I'm going to be presenting to you our child death review team fetal infant mortality five year report.

4:09:59

The Sacramento County Children's Coalition.

4:10:02

We thank you for funding the CDRT and the production of the five year report which is from years.

4:10:11

2017 to 2021.

4:10:15

Thanks to each agency who provides represent representatives to participate in the CDRT without these dedicated individuals who attend monthly meetings and commit to providing information.

4:10:28

We would not have this comprehensive report.

4:10:31

Each participating CDRT agency has a role in the review of child deaths to improve investigations in coordination of specific cases, identify trends and prevention strategies.

4:10:44

It isn't it was intentional decision by the CDRT to have this five year report.

4:10:51

The CDRT wanted to provide a comprehensive comparison of three pre COVID 19 years and two years during the pandemic.

4:11:02

The five year report is the third report to include a combined presentation for CDRT and femur.

4:11:11

Femur reviews fetal deaths and deaths of infants prior to 23 weeks stress station.

4:11:18

CDRT and femur cases are reviews closely link.

4:11:24

Here today we have Sacramento County Sheriff John Cido as our code, code present presenting the CDRT findings and we also have Dr Olivia Kassiri who will be preventing who will be presenting the fetal infant mortality review findings.

4:11:44

For 34 years Sacramento County CDRT has has existed.

4:11:49

We're unique in our longevity and also we are very consistent in that and tracking that data and there's no state CDRT.

4:11:59

We review the deaths of children 0 through 17 years old.

4:12:04

CDRT recommendations have resulted in programs and systems to better serve children and families such as birth and beyond safe sleep baby education campaign and RAA CT.

4:12:17

The purpose of this work is to ensure that all child abuse deaths are identified to enhance the investigation of all child deaths through multi agency review.

4:12:29

We develop a statistical description of all child deaths as an overall indicator of that status of children and to develop recommendation for preventing and responding to child deaths based on the review and statistical information.

4:12:48

CDRT's commitment to improve data collection.

4:12:52

CDRT is a multi agency review representatives from public and private sectors who provide case findings or case specific information.

4:13:02

We have representation all four hospital systems.

4:13:05

That's Kaiser, Sutter, Dignity Health and UC Davis.

4:13:08

We have the Department of Children and Family Services Child Protective Services, local police and sheriff departments, the coroner's office, the district attorneys, Sacramento County Probation, California Highway Patrol,

4:13:22

and the Department of Health Services, Public Health and Children Services Vital Statistics.

4:13:29

The CAP Center has facilitated the work for the CDRT and FEMA for the last nine years.

4:13:36

Thank you.

4:13:40

CDRT's commitment to improve data collection and reporting is evident in this five year report.

4:13:46

You'll have two thematic chapters which examine specific topics in more detail, injury related youth deaths and also fetal infant mortality.

4:13:59

All right, so here this data presented the five year totals and that is pre COVID-19 and during COVID-19.

4:14:09

All child deaths in Sacramento County resident children who died in the county between 2017 and 2021.

4:14:19

We unfortunately had 353 pre COVID-19 deaths and then we had 247 during COVID-19.

4:14:33

There was an additional 11 out of county resident children who died and they were injury related deaths in Sacramento County and they're not represented here.

4:14:44

Mortality rates for all children, mortality rates are for all children per 100,000 children and that's based on Sacramento County child population.

4:14:55

2017 to 2019 the child mortality rate of 32.3 and in 2020 to 2021 the child mortality rate increased to 34.2 and increased during COVID-19.

4:15:13

The five year mortality rate was 33.0.

4:15:19

In COVID-19 comparison years we have an increase rate in injury related deaths from 7.9 to 9.6.

4:15:29

We have an increase in natural deaths from 22.5 to 24.

4:15:37

We have an increase of child deaths involving maltreatment from 2.0 to 3.2.

4:15:44

Excuse me, Supervisor Turner.

4:15:46

Thank you. I'm curious what constitutes kind of a natural death by natural causes there with the natural classification there?

4:15:59

Harry Natal.

4:16:02

Okay.

4:16:03

Cancers.

4:16:04

Infections.

4:16:05

Got you, thanks.

4:16:07

Ingenital Ananas.

4:16:09

Thanks.

4:16:10

Thank you.

4:16:11

Okay.

4:16:12

Child mortality rates.

4:16:17

And that's going to, we're going to be looking, what you see here is a 10 year trend of three year rolling averages, children from 2010 to 2021.

4:16:28

The three year rolling averages are used to flatten the, the fluctuation of deaths over the years.

4:16:36

The rate of all child deaths have declined over the last 10 years.

4:16:41

Deaths are classified as natural, injury related and undetermined.

4:16:46

Injury related and undetermined deaths have increased.

4:16:50

Undetermined is comprised of cases that the coroner determines there was insufficient evidence to identify the exact cause of death.

4:17:02

The largest concentration of deaths occur in the Valley High Area.

4:17:07

The concentration may be related to child population density for that, for that area.

4:17:16

And here we have the COVID-19 pandemic.

4:17:20

CDRT.

4:17:22

So the, let's see, the respiratory deaths due to COVID-19 were lower than reportable.

4:17:31

So under five.

4:17:33

There was an increase in overall child deaths from 116 in 2020.

4:17:38

And that's 31.1 to 135 in 2021.

4:17:43

And that's 37.3.

4:17:45

Excuse me.

4:17:46

Supervisor Frost.

4:17:48

On your, on the injury related deaths.

4:17:52

What constitutes injuries that physical injury, vaccine injury, are there multiple types of injuries and, and are all those questions asked?

4:18:03

In your analysis.

4:18:06

So there are all those questions are asked and.

4:18:10

Can Tomasides physical motor vehicle.

4:18:14

So you do have statistics related to like infant death, sudden infant death.

4:18:21

And did they have the vaccine, a vaccine or a course of vaccines?

4:18:26

Not necessarily for vaccines.

4:18:28

Could we ask that?

4:18:29

Are those questions that we could add?

4:18:32

Yes, I think that would be, I think that would be a pertinent data point.

4:18:38

Just it would prove or disprove a whole lot of things.

4:18:42

I think that would be great if we could ask that.

4:18:46

Thank you.

4:18:48

Thank you.

4:18:52

Okay.

4:18:53

So there was an increase in overall child deaths.

4:18:56

I went over those numbers before.

4:18:59

All right.

4:19:01

And they can be linked to COVID-19 social support challenges.

4:19:05

That's going to be perinatal stress sources family struggled with income loss illness and difficulties accessing basic needs.

4:19:15

Parents already vulnerable faced overwhelming pressures with diminished social and economic social supports.

4:19:25

Services that normally help families were either shut down or moved online and an inaccessibility for families without stable internet connections or equipment or literacy to navigate these services.

4:19:41

Closure of health care and child protected services meant children were at a greater risk of abuse and neglect going unnoticed and fewer eyes on them during the reduction in social supports.

4:19:55

CDRT follows the recommendation of Sacramento County Public Health not to report aggregate data where numbers are small fewer than five.

4:20:06

As it leads to the identification of specific case and could then compromise and jeopardize HIPAA and compliance in that CDRT did review respiratory deaths due to COVID-19.

4:20:21

The numbers of respiratory deaths due to COVID-19 were lower than five trends during COVID-19 pandemic.

4:20:30

Increased in overall child deaths during COVID-19.

4:20:34

That was 116 in 2020 and 135 in 2021.

4:20:42

Can be linked to COVID-19 social support challenges such as those perinatal or parental stress and voluntary vulnerability to diminish social and economic supports during that time.

4:20:57

And now I'm going to introduce Sergeant John Sadow.

4:21:00

He is the current co-chair of CDRT and works for Sacramento County Sheriff's Office in the centralized investigations division as a child abuse bureau supervisor.

4:21:12

Good morning members of the board. Yes, I am the chair for the child death review team in Sacramento County and as such have been part of this review process.

4:21:22

So to make sure that you are aware, frequently there is a great amount of systems involvement with a lot of our child deaths.

4:21:38

By systems we're referring to essentially the five categories you see on the screen, government aid, CPS, crime, alcohol, drug use and domestic violence.

4:21:48

But these are five factors that are frequently come up in our discussions.

4:21:54

So with all deaths, you can see that 85% of families had a history of involvement with one or more of these systems.

4:22:02

And the most common system involvement was government aid for all these cases.

4:22:09

And child protective services was the most common systems involvement for injury related deaths.

4:22:15

Before COVID-19, which are the years 2017 to 2019 and during COVID-19, for all deaths, 80% of undetermined deaths during the pandemic had involvement with alcohol or substance use.

4:22:29

And this is up from 67% before COVID.

4:22:33

So injury related deaths increased involvement in all systems during COVID-19 with the exception of government aid.

4:22:40

So essentially everything went up during COVID-19 with the exception of government aid.

4:22:45

Excuse me. Yes. Supervisor Zirn.

4:22:47

Thank you, Chair.

4:22:49

I feel a little compelled here to offer a bit of an editorial here.

4:22:55

And that is that I think it's really unfortunate that and I understand statistically and technically why our review team does this.

4:23:08

But I think it's unfortunate that we have as some of the kind of comparable circumstance data, government aid in Sacramento County, CPS.

4:23:23

I think I and others could argue equally well that if you were to look at survival review versus death review,

4:23:33

you could have government aid in Sacramento County, CPS and make the case that if not for government aid and CPS intervention,

4:23:43

you have beneficial outcomes.

4:23:48

So when I see something like this, a chart like this, and again, I'm not lame, lame on anyone here.

4:23:53

I'm just making maybe a poor point, but I think a necessary one that it's unfortunate that government aid,

4:24:01

Sacramento County, CPS gets clumped together with other life circumstances such as crime, alcohol, drug use and domestic violence.

4:24:11

Yes, Supervisor.

4:24:12

And I don't disagree with you necessarily.

4:24:14

But yes, you're absolutely right that once there is government involvement in families lives,

4:24:20

it could either be a good outcome or not a good outcome.

4:24:24

And that is certainly an area that can, you know, be studied further.

4:24:28

But but I understand the point you're making.

4:24:32

And I'd like to add something.

4:24:34

Good afternoon, Supervisors.

4:24:36

I'm Dr. Olivia Kasiri, County Health Officer.

4:24:39

I am going to be speaking later at the end.

4:24:42

But and actually the comment that Supervisor Serna brought up was one of the things I was going to talk about.

4:24:49

Since you brought it up, I figured I'd mention something.

4:24:54

And it is a discussion point that we have a lot of times in these meetings because actually the government aid is there to help.

4:25:04

And so it is actually more of a proxy for poverty as opposed to risk factor.

4:25:14

Whereas the others that you see like crime, alcohol and domestic violence, those increase the risk factors.

4:25:21

But government aid is sort of different.

4:25:25

It is a system, but the difference is that it is an indication of people that need help, people that have a lack of access to services and an indication of poverty.

4:25:38

And the note about CPS also again.

4:25:42

CPS involvement, the reason CPS comes in is because there is some perceived harm to the children.

4:25:51

And so CPS comes in to assist.

4:25:55

The reason that it is included is that it's one way of us indicating the safety in the home.

4:26:01

So if CPS is involved, that means that there are some safety concerns in the home and usually poverty is a part of that as well.

4:26:09

Your point is very well taken and you put it much better than I did.

4:26:15

Again though, I would suspect that the reason we use these surrogates for poverty is because it just probably would be too cumbersome or too difficult to otherwise have aggregated or disaggregated income statistics.

4:26:38

So that we could kind of avoid surrogates and go right to the key connection, which is income, which is probably the greatest definition of poverty that there is.

4:26:51

But I understand we're limited and I get the two-sided coin here, I guess is what I'm struggling to explain.

4:27:01

So thank you.

4:27:03

I didn't mean to interrupt the flow.

4:27:06

No, thank you, Supervisor Cerna.

4:27:08

We'll move on to our homicide deaths 2017 to 2021.

4:27:14

So this is pre-COVID and during COVID as well.

4:27:18

Excuse me.

4:27:19

There were a total of 44 Sacramento County resident child homicides over that five year period.

4:27:26

As you can see in the slide, there were a total of 20 child abuse and neglect or what we call CAN homicides and a total of 24 third party homicides.

4:27:39

These were as a result, the 20 CAN homicides were a result of 18 incidents and all 20 were resident children that occurred in Sacramento County.

4:27:49

We had a high of eight in 2017 and a low of one in 2018.

4:27:53

So obviously there's quite a bit of fluctuation from one year to the next.

4:27:58

75% had a history with Sacramento County Child Protective Services and 70% were children under the age of five.

4:28:08

Of our 24 third party homicides, there were 23 incidents that were accounted for those 24 third party homicides.

4:28:17

There was a high of seven in 2017 and a low of three in 2018.

4:28:22

And these were up from six in 2016.

4:28:27

88% of those who were killed in third party homicides had a family history of involvement with law enforcement, which would include the decedents and their parents or caretakers at the time having criminal history.

4:28:42

And 75% were youth 10 to 17 years of age.

4:28:47

So as you can see with third party homicides, it was vastly children 10 and up.

4:28:53

And when it came to our CAN child abuse and neglect homicides, it was heavily represented by children under the age of five.

4:29:03

This particular slide has a typo.

4:29:09

It is 1.0 homicide deaths for 2010 to 2012 and 2019 to 2021.

4:29:18

So these are showing you the child abuse and neglect homicide child mortality rates.

4:29:25

It shows both the annual rate in gray, which is a little difficult to see on the screen, and a three year rolling average rate per 100,000 to kind of take out some of the extreme highs and lows.

4:29:37

They're used to flatten the fluctuation of the deaths over the years.

4:29:41

The annual rate has fluctuated during this period between a high of 2.2 in 2013 and a low of 0.3 in 2018.

4:29:51

And the three year rolling average has fluctuated inside this period of a high of 1.5 between 2013-2016 and a low of 0.6 for 2018 to 2020.

4:30:04

And I'll turn it back to Janay.

4:30:07

All right, I'm going to put some slides onto the overhead projector.

4:30:11

Mr. Rezacer, no.

4:30:12

I'm sorry, before you do that, could you go back to the previous slide, please?

4:30:16

Yes.

4:30:17

Thank you.

4:30:19

So I noted that on one of the other previous slides, there was a somewhat notable figure, whether it was percentage or real numbers of deaths that were categorized as undetermined per the coroner's office.

4:30:36

When it comes to something as probably variable as can homicides, is there any kind of anecdotal information maybe from law enforcement or others that can be shared in terms of whether that we think the real number of can homicides is as low as it is or is it unfortunately likely higher just because there you can't make a significant difference?

4:31:06

No, Golf is a more likely case.

4:31:08

Yes.

4:31:09

I would suspect that a black and white or the coroner can't make a black and white decision about whether the child died from neglect or not.

4:31:17

Just as an example.

4:31:19

I mean, I would suspect the physical abuse is probably something that the coroner could likely or the medical examiner could likely see for himself, herself fairly easily or readily.

4:31:34

So it's just malnutrition.

4:31:38

Neglect in the form of that is a little bit more difficult to conclude.

4:31:44

So is there anything you can either of you or others can share on that?

4:31:49

I can share in part as the supervisor for our child abuse unit with the sheriff's office in our agency, my unit handles child homicides as well as physical and sexual abuse.

4:32:01

And you're right that when there is an undetermined manner of death determination by the coroner's office, it's certainly not as though they have done something wrong, but it is a matter of they aren't quite sure.

4:32:15

For example, if a child were to drown in a pool, could be an accident.

4:32:20

Yes.

4:32:21

And it would also be that the care taker was not watching after the child like they should have been.

4:32:27

So technically an accident, but at the same time it's also going to be a neglect homicide in a way.

4:32:33

And you're right that with some of the children, especially those who have preexisting medical conditions, it can be a little tricky to figure out, you know, was it truly a natural or...

4:32:43

Maybe medication was withheld.

4:32:46

Food was not given properly.

4:32:48

They weren't going to the doctor like they had been, like they were supposed to do.

4:32:51

And you're right, it can be very difficult.

4:32:54

And so that is where it really falls frankly on to the law enforcement agency, whatever that agency is, to do their due diligence in that type of investigation.

4:33:06

Because there's only so much the coroner's office can do essentially on their own because there always will be a lot of unanswered questions in those areas.

4:33:14

Thank you.

4:33:31

For the overhead projector, do I just lie it down or stay face up?

4:33:35

Face up.

4:33:36

Face up?

4:33:37

Alright.

4:33:44

Alright, so this chart here, this chart shows the percentages of African American child deaths for over the five year report.

4:33:56

The horizontal line shows black African American children were 11% of the county population over the five year period.

4:34:08

And in looking at the black African American child death rate pre-COVID versus during COVID, CDRT data reflects this.

4:34:20

The African American death rate ranged from 53.5 to 68.5 during 2017 and 2019.

4:34:31

That's pre-COVID compared to the high of 87.1 in 2012.

4:34:36

During COVID, the African American child death rate were 61.3 in 2020 and 91.3 in 2021 compared to the Sacramento County resident child death rates at 31.1 and 37.3.

4:34:53

The highest since the height of 38.3 in 2012.

4:35:01

The Blue Ribbon Commission report completed in 2013 cited the four leading disproportionate causes of death of African American children in Sacramento County from 1990 to 2009 as canned homicide, infant sleep-related deaths, perinatal condition deaths, and third party homicides.

4:35:21

There were three causes of death where disproportionality decreased during the five year period.

4:35:28

That's canned homicide, infant sleep-related, and perinatal deaths.

4:35:33

African American children were 30% of canned homicides from 1990 to 2009 and 20% in the five year period of 2017 to 2021.

4:35:44

African American children were 32% of infant sleep-related deaths from 1990 to 2009 and 28% during the five year period.

4:35:54

African American children were 25% of perinatal condition deaths from 1990 to 2009 and 23% in the five year period.

4:36:04

Third party homicides showed an increase over the five year period.

4:36:08

African American children were 32% of third party homicides from 1990 to 2009 and 50% in the five year period.

4:36:18

All right.

4:36:31

This chart here, this chart shows the percentage of African American, black African American child deaths from each of the five years, as well as the five year total.

4:36:43

The horrors on a line shows that black African American children were 11% of the county child population during the five year period.

4:36:52

In looking at the black African American child death rate, pre-COVID versus during COVID, CDRT reflects African American child death ranged from 53.5 to 68.5 during 2017 to 2019 pre-COVID, compared to the high of 87.1 in 2012.

4:37:12

During COVID, the African American child death rate were 61.3 in 2020 and 91.3 in 2021, compared to Sacramento County resident child death rate at 31.1 and 37.3, the highest since the high of 38.3 in 2012.

4:37:34

So, if I'm hearing you correctly cite these stats, we are to conclude that for these particular types of death, the two types that you just called out, that despite the added stressors of a worldwide pandemic, the death rate for these types of death in the African American child population actually dropped compared to 2012.

4:38:03

Okay, thank you.

4:38:09

One more, sorry.

4:38:11

All right, and the, do I need to switch it out? Yes. Thank you.

4:38:17

All right, so this slide here, the Blue Ribbon Commission completed the 2023 completed in 2023.

4:38:25

Let's see, cited that the four leading disproportionate causes of death for African American children in Sacramento County between 1990 and 2009 as CANS homicide, infant sleep-related deaths, perinatal conditions, and third-party homicide.

4:38:44

The three causes of death were disproportionately decreased during the five-year period. That's CANS homicide, sleep-related, and perinatal condition deaths.

4:38:54

African American children were 30% of CANS homicides in 1990 to 2009 and 20% in the five-year period.

4:39:04

African American children were 32% of infant sleep-related deaths from 1990 to 2009 and 28% in the five-year period.

4:39:15

All right. One more, can you switch that out for me? Thank you.

4:39:20

That's the last one. Oh, I mixed up the slides. Just noticed that. So let me change that slide.

4:39:28

I am? Yeah, this is the last one.

4:39:29

Okay.

4:39:32

All right. So African American children were 25% of perinatal conditions death from 1990 to 2009 and 23% in the five-year period.

4:39:43

Third-party homicides showed an increase over the five-year period. African American children were 32% of third-party homicides from 1990 to 2009 and 50% in the five-year period.

4:40:00

All right. And if we could switch back to the PowerPoint, please.

4:40:05

Thank you.

4:40:06

So with this, we'll move on to injury-related youth deaths.

4:40:12

And for the youth, we're talking about ages 10 to 17 years old.

4:40:16

And there is a bit of a division in terms of how we keep our stats.

4:40:20

And you can see, I believe, on the slide itself, why that might be.

4:40:24

So out of 90 total deaths of children of that age range, 29% involved firearms, which as you can imagine is concerning.

4:40:34

And the three leading categories of death would be suicides, third-party homicides, and poisoning slash overdose, which is generally going to be drug-related overdoses.

4:40:50

And 82% of the poisoning overdose deaths came in a two-year period, which I believe that the board probably recognized is around the same time that fentanyl, the fentanyl issue,

4:41:03

exploded across the country. And you can see the effects of it there.

4:41:08

School engagement, 41% of the children involved had unknown school information.

4:41:18

So when it comes to the youth death review team, which youth death review subcommittee, excuse me, YDRS, it's a subcommittee underneath child death review.

4:41:28

And we separate out the children that are 10 to 17 years old, because frequently the issues that face them and their causes of death are different than younger children.

4:41:41

They both have concerns, but the concerns are a bit different.

4:41:47

And regardless of, we do this regardless of county residents.

4:41:52

So there are some children that are injured seriously in other counties and then brought to Sacramento County, frequently UC Davis Medical Center, as the pediatric trauma center, and they end up dying here.

4:42:04

So it also, as part of the youth death review subcommittee, we bring in county public health, we are talking to doctors from the major hospital systems, law enforcement, and so on to try to get as much information as possible about each of the children who passed away.

4:42:23

And that includes school districts.

4:42:27

And in some cases, that also seems to be a bit of an indicator that frequently children who die injury related deaths, especially third party homicides, bounce from one district to another, and it can be difficult to track what district they were part of when the death occurred.

4:42:48

So that can be a bit challenging at times.

4:42:52

But for suicide deaths, point out that of the firearms death that is shown up there, the 26 out of, I'm sorry, the 26 out of 90, yes, firearms related deaths, more than half of the third party homicide and suicide deaths, 56% of the third party homicide and suicide deaths involved firearms.

4:43:14

So that is frequently, as you can see, the majority of the cases for third party homicide and suicide involved the gun is what we gather from that.

4:43:24

With suicide deaths, we had a high of seven in the years 2017, 2018, and 2020.

4:43:30

And of the suicide deaths, 77% had a family history with CPS.

4:43:36

And detailed school information is only known for 54% of them.

4:43:41

We do have several different school districts that participate in youth death review subcommittee, but we also have some that do not.

4:43:50

And so that it would help to fill in the blanks there a bit.

4:43:55

Also, 54% of the youth that died in suicide deaths had a history of receiving mental health services, including 12% that were receiving mental health services at the time of the death.

4:44:07

Of our total 11 poison slash overdose deaths, as I mentioned before, 82% occurred in 2020 and 21.

4:44:16

And of those that occurred, 89% involved fentanyl, which is much different than the zero that appeared in the prior three years of CDRT.

4:44:28

So we went from zero all the way up to 2019.

4:44:31

And then in 2020, it was one after another after another, unfortunately.

4:44:41

Thank you.

4:44:42

So John has covered the findings to support the following five recommendations between 2017 and 2021.

4:44:51

Finalize and implement the Family First Prevention Services Act plan to increase and improve cross sector collaboration, communication and assessment for acuity as it relates to quality referrals, warm handoffs, and following up for services by the end of 2025.

4:45:12

The Child Safety Forward Sacramento Prevention Cabinet should prioritize and implement their recommendations, most directly related to children ages zero to five in order to eliminate child abuse and neglect death and critical injuries.

4:45:26

Expand and enhance neighborhood-based programs focused on reducing third-party homicides through violence prevention, interruption, and intervention through cross-sector collaboration.

4:45:41

Expand training and education efforts to parents and caregivers of infants with child protective services referrals to decrease the prevalence of infant sleep-related deaths.

4:45:53

Improve data collection for injury-related youth deaths by encouraging full participation of Sacramento County School Districts and private charter schools on the Youth Death Review Subcommittee.

4:46:09

These recommendations come from working jointly with the Child Death Review Team and the Prevention Advisory Committee.

4:46:16

The Prevention Advisory Committee is comprised of members from CDRT, FEMA, and YDRS, as well as other prevention-focused representatives review aggregate data, identify key findings, and develop prevention recommendations.

4:46:36

We thank the Board of Supervisors and MDTs on ongoing support. There's lots of upcoming and ongoing opportunities through FFPSA, Community Pathway, CDRT and the PACT are in agreement and alignment with RWA CT and also the Black Child Legacy Campaign.

4:46:55

We encourage school participants in YDRS to improve data collection, which leads to prevention action.

4:47:03

And with that, I'll pass it on to Dr. Kasiri, who is a health officer.

4:47:08

Good afternoon again. Dr. Olivia Kasiri, County Health Officer. Good thing is I have just a few slides to share.

4:47:29

So the Child Abuse Prevention Council also does review fetal deaths. A few years ago, we did ask them to include the fetal infant mortality review.

4:47:46

And this review is a review of the cases of deaths among infants born prior to 23 weeks of gestation. So basically their preterm and die soon after birth.

4:47:59

And it also includes the fetal deaths.

4:48:03

From 2017 to 2021, the team reviewed 260 out of 490 cases, which is about 53%. This included 172 fetal deaths out of a total of 404 or about 42% of fetal deaths.

4:48:24

It also included 88 children who were born alive prior to 23 weeks of gestation.

4:48:32

The 88 children are also part of the data that was shared with the CDRT portion.

4:48:42

And so I think one of the questions that came to us was why do we separate the two of them and why do we have both?

4:48:49

So what you find is that with the CDRT, the focus of course is with children that are born alive and all the way from birth up to age 17.

4:49:04

Whereas with the fetal infant mortality, we focus more on the earlier years as well as focus on the fetal deaths as well.

4:49:12

And the importance of that is that with the fetal deaths, you look more at the maternal health as well as conditions within the community.

4:49:28

And this shows actually some of the findings. Of course with the report, there's a lot more.

4:49:35

But some of the important findings that came out of this analysis was the pregnancy complications such as premature rupture of membranes,

4:49:47

pregnancy-related infections as well as incompetent cervix.

4:49:51

And the other thing actually that came out also is that a lot of these mothers had previous history of fetal loss.

4:50:00

And so it does bring to mind that these are conditions that predispose someone to actually get additional adverse outcomes, birth outcomes.

4:50:15

And so a focus on looking at these conditions and the cause of those conditions as we know through medicine, oftentimes hypertension is one of those.

4:50:26

Obesity is another one which also comes along with other chronic conditions.

4:50:34

And so when you look at the maternal health, you find that a large percentage, over 60 percent of these mothers were actually obese or overweight.

4:50:45

So this gives us some ideas of areas that we need to focus on.

4:50:50

And again, as I mentioned, prior fetal loss was a major factor as well as late-term loss.

4:50:56

So looking at the conditions of the mother is important in making sure that we have a healthy pregnancy and a healthy outcome.

4:51:06

So this slide, very in short summary, is just looking at some of the demographics and it does show the breakdown by race, ethnicity, the proportions.

4:51:17

And you can see that, especially for the communities of color, there seems to be a higher proportion.

4:51:25

For example, when you look at the black African-American, 19 percent of the deaths, whereas it's 10 percent of total births.

4:51:34

With mildly racial, 12 percent of the deaths, whereas 6 percent of the total births.

4:51:41

So you can see where some of the disproportionality comes in by race, ethnicity.

4:51:48

And the importance of this, of course, is that we know that there are factors which we usually put together as the social determinants of health,

4:51:59

which disproportionately affect communities of color.

4:52:03

And as communities have more of these risk factors, it does affect the health of the mother and does affect the birth outcome as a result.

4:52:17

The system involvement, I think we've already gone over this, so I won't repeat what I said.

4:52:22

But I think one of the things we can look at is better ways of actually capturing poverty instead of putting it as government aid,

4:52:32

because that can be confusing for people, because government aid is intended to help and it does help, but we often use it as an indicator.

4:52:41

So probably that's something that we need to look at and see if we can find additional ways of capturing that information.

4:52:48

And then again, for CPS involvement also, it's concerns about safety in the home.

4:52:56

And even though these are, we're talking about fetal deaths and deaths soon after birth, it does show that violence in the home does increase stress

4:53:11

and does contribute towards adverse outcomes for pregnancies.

4:53:18

So last slide, I'm not going to read it to you, but I think in summary, a few things I wanted to say, one is the importance of a lot of the programs that we have,

4:53:30

such as the home visitation programs and the Black Child Legacy program, which really brings together different stakeholders.

4:53:41

And it's a community approach to actually address a lot of the social determinants of health that we talk about.

4:53:47

As we mentioned again and again, we see that poverty and violence are two risk factors that contribute to a lot of these adverse outcomes.

4:54:00

So being able to continue that support, and I do appreciate the support that the Board of Supervisors gives to those programs.

4:54:07

I think the summary that we're giving here is that we recommend the continuing support of those programs.

4:54:17

So thank you.

4:54:19

And that's the last slide, so if there are any questions.

4:54:23

Thank you very much. Any questions at this time?

4:54:26

Seeing none, do we have public comment?

4:54:27

We do not.

4:54:28

No public comment.

4:54:29

Thank you very much.

4:54:30

Thank you very much.

4:54:32

Obviously extremely thorough and appreciated in all the hard work that you all put into this.

4:54:38

You know, the more knowledge and awareness we have, the better we can confront the issues.

4:54:43

So I really appreciate it.

4:54:44

Before we go, I did want to thank you all and also join side by side with Julie Gallello here.

4:54:50

If that's okay, take a couple more minutes.

4:54:53

Definitely want to thank the Board of Supervisors and the Prevention Cabinet members.

4:54:58

Special thanks to Marlon Yarber, the Chief Probation Officer for Sacramento Probation Department.

4:55:05

He's also a part of the Prevention Cabinet at Sacramento County who's retiring.

4:55:11

I also want to have a special message for Stephanie Beegler.

4:55:17

She's a Prevention Cabinet member.

4:55:21

She's been on the Cabinet for 25 years and she's been in this work for 25 years and actually is retiring.

4:55:29

So I just want to highlight that and then pass the mic over to Julie.

4:55:36

Good afternoon, supervisors.

4:55:38

Thanks for allowing me just a minute.

4:55:41

I am Julie Gallello, your first five executive director.

4:55:44

And I just wanted to take a moment to tell you what a rock star you have in how you have had in Michelle Cahejas.

4:55:54

You may not know that she is one of the leaders in the state on prevention.

4:56:00

She's intentionally and systematically built a department that values and understands prevention work.

4:56:08

And you can see that in her dedication to Black Child Legacy Campaign to the Family Resource Centers and Birth and Beyond.

4:56:18

She really built a bridge to first five that didn't exist before and I'm just so grateful for her partnership in the prevention work.

4:56:27

She fully gets that safe, stable, nurturing families are built through programs like Black Child Legacy and Birth and Beyond.

4:56:36

And just before I came in, I got a sneak peek at some data that shows how smart she is in investing in these programs.

4:56:44

Birth and Beyond did a multi-year quasi-experimental study to determine the effectiveness of its home visiting program.

4:56:56

And I'm really delighted to share that only 2.8% of children whose parents received 12 or more hours of Birth and Beyond home visiting went on to have a substantiated CPS report.

4:57:10

That's in comparison to a comparison group that had 12.5%.

4:57:17

So less than a quarter of the children who were engaged in Birth and Beyond for 12 hours went on.

4:57:23

That's huge. You guys, it's huge. I'm just so proud of the work that Michelle has really spearheaded and done in partnership with Child Abuse Prevention Center and all of our family resource centers and community incubator leads.

4:57:38

So a lot to celebrate even though it was a sobering presentation, still so much to celebrate.

4:57:44

I shudder to think of what would happen with those outcomes would look like if we didn't have these prevention programs in place. So thank you very much.

4:57:51

Thank you, Julie. We're all big fans of both Michelle and her father.

4:57:56

I was going to ask if we had a call holding.

4:58:01

Sir, Madam Senator.

4:58:03

Thank you. I appreciate the presentation and it is very sobering information every time we receive it.

4:58:12

And the takeaway that I have most from the presentation as has been in years past is that there's still so much work to do, but especially on the third party homicide side of things.

4:58:27

And I know that's something that we always thought would be one of the most complex angles on how to bring down the numbers.

4:58:40

And a lot of that has to do with some of the factors that some might argue are out of the control of local government or out of the control of the county.

4:58:49

But I refuse to believe that it's completely intractable. We have to continue to, I think, pay very close attention to those figures.

4:59:01

And as I've said earlier about affordable housing, we need to be creative in our approaches.

4:59:07

And if the interventions that we've been counting on for years, if not decades, aren't working, then it's time to think collectively about how to grab another gear and really focus on bringing down deaths associated with violence.

4:59:32

And so, again, I want to express my great appreciation to everyone who not just presented, but of course there's others in the audience that sat patiently and silently.

4:59:45

But I know all of you are very, very dedicated to the work you do and without the data, we're lost.

4:59:51

So that's the real punchline here is that this board and our county are armed with a great data set every time you complete your reviews.

5:00:02

And I hope everyone takes equally to heart the import that is the product of your time and energy. So thank you.

5:00:12

Thank you. All right, let's receive them file. Thank you again.

5:00:17

Item 50 are your nominations. You're continuing to January 7th, Consumers Area Community Planning Advisory Council, Disability Advisory Commission, Human Services Coordinating Council,

5:00:30

continuing to January 28th, the Antelope Community Planning Advisory Council, North Highlands-Foothill Farms Community Planning Advisory Council, Sylvan Cemetery District, Vineyard Community Planning Advisory Council,

5:00:41

continuing to February 4th, the Building Board of Appeals, Delta Citizens Municipal Advisory Council, Maternal Child and Adolescent Health Board, and the Sacramento County Treasury Oversight Committee.

5:00:54

Fair Oaks Community Planning Advisory Council. Please continue to February 4th. Thank you.

5:00:59

Real Linda Elverdic Community Planning Advisory Council. Please continue to February 4th. Sacramento County Commission on the Status of Women and Girls, Supervisor Hume.

5:01:14

I'd like to reappoint Erin Seberi. I believe do I waive process? Sure. Second. Okay.

5:01:19

Okay.

5:01:21

I think we're going to hold on that.

5:01:25

Anonymous vote. And reappoint Brooklyn Pruitt and waive the process.

5:01:30

Okay.

5:01:33

Anonymous vote. Okay. And then we have the Sacramento County Mental Health Board, Supervisor Desmond. Please continue to February 4th.

5:01:42

Thank you. And Supervisor Hume. I would like to reappoint Laura Asaebimus and waive process.

5:01:47

Okay. Good call.

5:01:52

Anonymous vote. And then we have the Sunrise Recreation and Park District. Please continue to February 4th. Thank you. That concludes your nominations.

5:02:05

All right. That takes us to item 51, County Executive Comments. Mr. Villanova. Thank you, Chair Kennedy. I know we have lots of things to do this evening, so I'll make it very, very quick.

5:02:13

One, I just want to announce that some awesome work that the Clerk of the Board is doing with her being officially an official recipient and facility for passport acceptance.

5:02:28

So she is now a passport acceptance folks. I've looked at her numbers. She shares them with me every month and it's trending up.

5:02:34

We are one of only two entities here in the 95814 zip code, so she's doing great. Those services include acceptance of new passport applications, taking photos, and providing notary services.

5:02:49

So not only is this a better benefit to our residents, but it's also a new source of income and revenue for the clerk's office and her office does a fantastic job about being innovative and trying to do things incredibly different.

5:03:04

The next thing I want to bring up is something that's kind of right off the presses. There's, as you know, we've been investing in Stockton Boulevard. Stockton Boulevard is an upcoming new safe stay shelter.

5:03:19

This is in collaboration with not only the County of Sacramento, the City of Sacramento, the State of California, and then also first step communities.

5:04:09

The last thing I just want to bring up, this is the last meeting for 2024. You guys will be on recess and some of you will travel abroad.

5:04:19

I just want to, from the County Executive Team and myself, just thank you for the fantastic year of 2024.

5:04:27

We're looking forward to 2025 and have happy holidays for you and your family. So thank you.

5:04:32

Thank you, Mr. Villanueva. Anyone from the board?

5:04:36

All right.

5:04:37

Congratulations, Supervisor Frost.

5:04:40

We're adjourned.

Discussion Breakdown

Public Convenience or Necessity40%

Child Death Review30%

Fetal and Infant Mortality Review30%

Summary

Sacramento County Board of Supervisors Meeting

The Sacramento County Board of Supervisors held their regular meeting on December 10, 2024, addressing multiple significant agenda items including massage establishment regulations, development projects, and child mortality reports.

Opening and Public Comments

The meeting began with public comments focused on concerns about COVID-19 vaccines, election integrity, and constitutional issues. Multiple speakers expressed opposition to certifying recent election results.

Key Discussions

Massage Establishment Regulations

Approved updates to massage establishment ordinance including:
- New requirements for CAMTC certification for providers
- Enhanced security camera regulations
- 1,000-foot separation requirements between establishments
- Modified fee structure with lower fees for sole providers
- Stricter operational requirements to prevent illicit activities

Development Projects

Approved the Greenback & Hickory project including:
- New gas station with convenience store
- 81,000 sq ft self-storage facility
- Multiple public improvements worth approximately $2 million
- Enhanced landscaping and security features

Child Death Review Report

Presented 5-year report (2017-2021) showing:
- Total of 600 child deaths (353 pre-COVID, 247 during COVID)
- Increased mortality rates during COVID-19 period
- Disproportionate impact on African American children
- Recommendations for prevention and intervention programs

Key Outcomes

Approved modified massage establishment regulations with amendments
Approved Greenback & Hickory development project
Received and filed comprehensive child mortality report
Recognized retiring Supervisor Sue Frost for her years of service
Established new passport services through Clerk of the Board's office

The meeting concluded with announcements about upcoming projects and holiday recess plans.

Meeting Transcript

What we have here is a very well-trained audience. Alright, we'll bring this meeting of the Sacramento County Board of Supervisors on December 10, 2024 to order. Would the clerk please call the roll? Yes. Good morning, Supervisor Cerna. Here. Desmond. Here. Frost. Here. Hume. Here. Kennedy. Here. The meeting is scheduled to be held on December 5 and recorded with closed captioning. It is cable cast on Metro Cable 14, the local government affairs channel on the Comcast and direct TVU-versed cable systems. It is also live streamed at Metro14live.saccounty.gov and can be heard on 96.5 FM KUBU Radio. Today's meeting will be repeated Friday, December 13, at 6 p.m. on Channel 14. This meeting can also be viewed at youtube.com. Please be mindful of the public comment procedures to avoid being interrupted while making your comment. Comments made by the public during the Board of Supervisors meetings may include information that could be inaccurate or misleading, particularly concerning topics related to public health, voter registrations and elections. The County of Sacramento does not endorse or validate the accuracy of public statements made during these open public forums. The recordings are shared to provide transparency and access to proceedings of public meetings. To make a comment in person, please fill out a speaker request form and hand it to clerk staff. The chairperson will open public comments for each agenda or off agenda item and direct the clerk to call the name of each speaker. When the clerk calls your name, please come to the podium and make your comment. If a speaker is unavailable to make a comment prior to the closing of public comments, the speaker waives their request to speak and the clerk will file the speaker request form in the record. The clerk will also manage the timer and allow each speaker two minutes to make a comment. You may also send written comments by email to board clerk at satcounty.gov and your comments will be routed to the board and filed in the record. If you need an accommodation pursuant to the Americans with Disabilities Act or for medical or other reasons, please see clerk staff for assistance or contact the clerk's office at 916-874-5451 or by email at board clerk at satcounty.gov. Thank you in advance for your courtesy and understanding of the meeting procedures. Thank you, Madam Clerk. Please join me in the Pledge of Allegiance. I pledge allegiance to the flag of the United States of America and the Supreme Republic for which it stands, one nation under God, indivisible, with liberty and justice for all. Thank you.