The County of Santa Clara
California

Board Referral
90361

Consider recommendations relating to the possession or sale of firearms on property owned or leased by the County. (Yeager)

Information

Department:Supervisor Ken Yeager (Supervisorial District Four)Sponsors:
Category:Board Referral

Multiple Recommendations

Possible action:
a. Direct County Counsel to draft an ordinance prohibiting the possession or sale of firearms on property owned or leased by the County.
b. Direct County Counsel to report off-agenda to the Board of Supervisors about other options for improving public safety as it relates to reducing gun violence and accidents.

Body

REASONS FOR RECOMMENDATION

On February 14, 2018, seventeen people were killed and fourteen people were injured in a shooting at Marjory Stoneman Douglas High School in Parkland, Florida.  This horrific incident marked the third mass shooting in this country in the past four months.  According to the Brady Campaign to Prevent Gun Violence, 315 people are shot each day on average nationwide, and 93 of those people die from their injuries.  In Santa Clara County alone, four people have already been killed in shootings this year.

Other jurisdictions throughout California have adopted ordinances restricting the possession and/or sale of firearms on publicly owned property.

The County is committed to protecting the safety of its residents and everyone who uses County facilities.  An ordinance prohibiting the sale or possession of firearms on County-owned or -leased property would reduce the risk of gun violence in County facilities and help blunt the devastating impact of gun violence on our communities, without infringing on gun owners’ rights to lawfully own or use firearms on private property or in homes.

County Counsel should also explore the extent to which such an ordinance can be applied to property owned or leased by any of the County’s special districts (e.g., the fire districts).


BACKGROUND

The County has engaged in a number of initiatives to reduce the risk of gun violence, including a series of gun buy-back events.  At two County-funded gun buy-back events in 2013, gun owners relinquished 1,726 guns.  Additional buy-back events were also held in 2014, 2015, and 2016.  Although state law prohibits the possession of firearms and certain other weapons within any local public building and at public meetings, with certain exceptions, the County does not currently prohibit the possession or sale of firearms on County-owned or -leased property more broadly.

Meeting History

Mar 6, 2018 9:30 AM Video Board of Supervisors Regular Meeting

Vice President Chavez returned to her seat at 10:43 a.m.

Eighteen individuals addressed the Board.

At the request of Supervisor Cortese, the Board directed County Counsel to provide an off-agenda memo to the Board on date uncertain relating to Counsel's interpretation of underlying legal issues regarding gun control and safety and how that interpretation may differ from previous Counsel's opinions on those issues.

Vice President Chavez requested that the following items be discussed at the summit sponsored by Supervisor Cortese: conditional use permits; rules for storage of firearms; civil restraining orders and whether offenders are in possession of firearms; and, researching gun safety, without acting in a way that negatively impacts the County's ability to support and reinforce gun safety.

RESULT:APPROVED [UNANIMOUS]
MOVER:Ken Yeager, Supervisor
SECONDER:Cindy Chavez, Vice President
AYES:Mike Wasserman, Cindy Chavez, Dave Cortese, Ken Yeager, S. Joseph Simitian

Transcript

Mar 6, 2018 9:30 AMBoard of SupervisorsRegular Meeting

 

10:42 AMConsider the positive impacts gun shows have on our community and urges the board not to use recent tragic events to push agendas against peoples will. Supv simitian: thank you. John to be followed by jenny, to be followed by navia, and havad.
Good morning Mr. President and supervisors. the national discussion today banning bom stocks, raising the age of purchase, banning gun shows y would respectfully submit this is is a much, much more complex issue related to physical security and mental health. I urge you not to pass this ordinance. It's incumbent upon people - - not approve the ordinance.
10:43 AMI'm jenny, and i'm the president of women's March bay area. Women's March has unity principles and in the unity principles we stand against gun violence so I commend you and thank you for this proposal. Personally with children, two kids in high school, gun shows are to me a glamorization of purchaseing a new gun. A carnival-like situation is not a place where someone needs to buy a gun or not. It May seem like a small gesture, banning the gun shows in santa clara county, but it shows our kids we're listening. It's not much of a financial burden to the county or to the santa clara county fairgrounds so I urge you to please pass this ordinance, thank you. Supv simitian: thank you for your comments. I believe our next speaker is navia, who will be followed by havad, who will be followed by daniel, who will be followed by evangeline.
10:44 AMI'm a senior at prospect high school and leader for March for your lives san jose movement. brought to my attention the mount of concern there is in the local community for the effects of gun syme, and the accessibility of fire arms today. The outreach we have received from communities within our county that are willing to support our March protesting gun violence shows me that a good majority of our citizens understand the risk that come with gun ownership and want to to everything in our power to protect our community from gun misuse. A ban on the possession or sale of fire arms on county land seems like an efficient way to put our citizens' minds at ease. But also discourage and prevent the looser transactions and checks that are associated with gun shows. I hope that our county recognizes a few of our citizens and recognizes that there's no reason why the sale of guns needs to take place on county ground. Thank you. Supv simitian: thank you for your comments. That takes us to havad, followed by daniel, followed by evangeline, followed by mark.
10:45 AMGood morning, i'm a district 4 resident and also a student at prospect high school. last week one of my fellow coordinators supported supervisor cotazey's proposal - - bring our community together for dialogue and not debate on guns. I approach the board today as a student firmly in support of supervisor yeager's proposal. I think I speak to a number of our classmates reflects our community's values. Responsible gun ownership is a clear reality and one I hope is maintained. Using our marquee fair grounds centered round trade and share of arms does not make me feel safer. Under the commercial-free speech. Supervisor yeager has revitalized the sensible idea adding that all county property be subject to the prohibition of sales and possession. I hope we lead the way. Thank you.
10:47 AMThat takes us next to daniel. welcome. >> hello, thank you. so. the reason i'm here today is is that I want to discuss the effect of gun violence. This is the reason why I firmly support this proposition is that I believe that nobody should have to live in fear of being affected by gun violence throughout their lives and that this is one step to set the precedent for the rest of the state and the rest of the country to continue to take action to prevent these mass shooting from happening. Gun violence and mass shootings are not a mental health issue. Studies and statistics show that a majority of those that commit mass shootings do not do so out of proven by being ineptally ill, the president obama - - mentally ill, the president obama - - no benefit to the county. Thank you. Supv simitian: thank you very much. Evangeline, to be followed by pig, by mark, to be followed by dennis, to be followed by kirk, sally, and scott largent. All line up, that would help us. move along. welcome.
10:48 AMGood morning. I am a senior citizen. I am with the district of supervisor dave cortese and I am very thankful for the response that he had. A proposal. We applaud all the supervisor for the serious conversation beyond thoughts and prayers. The tom ying input as we discuss the policies, witness unsupervised minors. For fair ground without the necessary waiting period my ex-husband did that. We must stop hosting the sales, stop being accessory to the propagation of weapons of war, aggression or of domestic violence. Thank you for your attention and I hope that we have a very productive discussion on this. Supv simitian: thank you. Peg carlson. welcome.
10:50 AMThank you. my name is peg carlson, the chair of the public policy committee of the san jose branch of the american association of university women. Founded in 1881, and act in san jose since 1909, our mission is to breakthrough barriers of women and girls through education, research, advocacy, and philanthropy. Strongly supports freedom from violence and fear of violence in homes, schools, workplaces and communities. Our current national public policy recognizes that gun violence is a public health crisis. Given that the - - amendment has prevented in depth research into the public health issue of gun violence, it seems prudent to take measures to reduce guns in our community and this proposal would be a step toward that and we support it. In a recent town hall representative anna eshoo had indicated santa clara county had taken the same measure, perhaps consulting with that county would effectively implement this measure. Supv simitian: that takes us to mark w. A. Hinkel, then dennis. Then kirk, sally, and scott.
10:51 AMMy name is mark, i'm vice chair of the libertarian county here in santa clara county. i'm one of millions of people that have actually used a gun to prevent crime. Because I had a gun, I was able to prevent a theft from occurring. Because I had a gun, I was able to arrest somebody via citizens arrest. And because I had a gun I was able to remove a criminal from society. 500 top ceos around the united states indicated california's dead last in business - - climate. This is another strike against business friendly climate. People think if we ban guns suddenly gun violence will disappear. How did that work for the drug laws and the alcohol prohibition? it failed miserably. This is not a way to do it. 98% of mass hootings happen in gun-free zones. If you want to ban anything, ban gun-free zones. The libertarian party of santa clara county we attend guns as outreach and it seems to me if you want outreach to people regardless of what organization are included in the county government, attend these gun shows. Reach out to these people. Engage them in trying to reduce the gun violence. But banning them never solves anything. Supv simitian: thank you for your comments. Our next speaker, kirk, followed by sally, then scott. welcome.
10:52 AMI'm here to speak about supervisor I am not in support of it and I would like to share why. I consider myself a liberal progressive who respects the opinions of others, a problem solver and someone who strongly believes in social justice. I've been a gun rights supporter all my life, a life member of local organizations, including the nra and law enforcement organizations. I lead last week in the mercury news supervisor cortese would be hosting a discussion on guns in April so I suggest holding off on deciding on this measure until then. I respectfully disagree that banning gun hoes will positively impact violent crime. No one in california can buy a rifle or a pistol at a gun show and walk off with it. There's a mandatory 10-day period that must be processed through a licensed dealer and is heavily regulated. I am always frustrated to hear it implied that you can go to a gun ho and walk out with a fire arm. That May be true in other states, but not here in california. You can be a liberal, a progressive, and a gun owner. I have two asks, in the short-term disperse the request to halt gun hoes on county property. And second support supervisor cortese's effort in creating discussion around guns and amplify it. I fully endorse that and offer my support and services to help organize and fund raise for this to happen. Supv simitian: thank you for your comments. Sally, and we're going to ask the clerk to please take a copy of your comments which will be shared with the board. To be followed by scott and dennis I believe it's - - .
10:54 AMThank you, Mr. President and superrisers. I want to thank supervisor yeager for bringing this measure forward. This will make a real difference and over the years of working on these kinds of issues, it just really trikes me that we just need fewer guns out there in our society. This is will help to bring about that cultural change so thank you very much. I'm mindful of the fact that when items of this come to the board, it's an additional burden in terms of your work load and the work load on staff is really significant. I also have two other items that i'd like to ask that you consider under item b as a part of this or bring forward in the future. The first one would be a safe storage ordinance. We need a strong version of this that would be similar to what was approved by the voters in sunnyvale. There second would be requiring a conditional use permit for new and existing gun businesses. I think it's been a source of some frustration to local cities that adopt stronger local gun laws that the areas of the cities that have an address that's it within their city that are actually part of the county unincorporated areas are under different and looser rules. And that's not the expectation of the community. So looking at a conditional use permit in the future and bringing - - thank you so much. Supv simitian: thank you. Mr. Largent, to be followed by dennis, and then we have one more card from heather and - - .
10:56 AMThank you, scott largent. I used to attend the different events at the fairgrounds so i've been to a lot of the gun shows when my father was still alive. There was a lot of important information we were able to pick up there. Learn more about gun safes, gun locks. When my father would take us there, it's not kind of the environment that I think you guys are kind of seeing. I don't know when the last time you attended a gun show, it's not like this howdy dudey shoot them up in the parking lot. They really taught a lot of interesting things. We practiced gun safety in our family when we were little kids. Go to the shooting range with dad, keep the gun aimed down, the ammo over here. There's a lot of things we learned and there's even more we learned going to these gun shows. I don't agree with it. I think our time and resources need to be put towards enforcing the gun policies on our civil restraining orders through family court. I know this is recently expired for me, but like I said the police never showed up to see if I actually got rid of my fire arms. If I transferred my firearms this is not enforced in our family courts. Sheriff's department, santa clara police never showed up to my door. They never know if I transferred the gun - - . I'm puzzled by that. Thank you.
10:58 AMLet me see, is dennis here? let's try it this way, is there a dennis here whose last name I can't read? why don't you come down, my apologies. Then we do have one more card from heather.
My name's dennis, and I want to say if I could not have them stop the gun show because a lot of us veterans enjoy the gun shows. To me, the santa clara county fairgrounds has been something i've enjoyed all my life and it's kind of like another thing that people want to take away from us. The fairgrounds is run down. It's disgraceful how we've let it get this way so far and I just want to say i'd rather keep the gun shows, and not start taking everything away so thank you. Supv simitian: thank you for your comments. And then do we have heather here? One more last call for heather w-i-e-d? All right, if not, then we'll, uh, say thank you to all who have commented. And we will bring the matter back to the board for debate and discussion, and possible action. Supervisor yeager, now I will turn the mic back over to you.
10:59 AMThank you, president simitian. first, uh, I want to thank all the speakers who came out this morning is and voiced your opinion on this. I want you to know that we - - it was such a respectful public comment period that I really appreciate it. I think one of the things that we can do in santa clara county is to have a dialogue and share our ideas without shouting at each other, and we can have an open discussion. I'm just very proud of this county and the people who come and speak to us. I just reamy want to thank you for that. As I thinker you know, depending on the action that we take shortly, this is a referral. If there's a support for the administration to come back with an ordinance covering some of these points i'm going to make in a moment then that will be another opportunity to come and voice your opinion. I think we still will have time to have the dialogue and certainly appreciate all of the e-mails and phone calls that we've had. Again, it's always been very respectful and I know all of my fellow is supervisors and myself appreciate that. I think all of us feel just the sadness and the horror when we heard of the mass shooting in parkland, florida. It seems like these type of mass shootings are just happening way too frequently. I've heard that this might be the generation of students who are known as the ones who experience mass shootings on their campuses. And that was certainly something, an experience that I don't think any of the older adults in this room ever experienced as students in school. Never even thought that there would be something as tragic as somebody coming on to the campus and hooting the fellow students. I do appreciate all of you coming out here, and I know I for one will be joining you on March 24 for the March of our lives and I think it will send a very strong message to our community and to our world. But at the same time that we were all sort of recovering from the shooting, we were also having a gun show at the county fairgrounds. I received any number of calls and e-mails of people who were very distressed to see all of the billboards and the placards making, if you will, a connection between gun shows and the county because it was at the county fairgrounds. To me it just seems that it's just counter productive from all of the messages that we as a county are sending to our citizens that we spend so much money and staff on the health and well-being o people that here at the same time we're promoting a gun show. I realize totally that people who own guns and possess them, are respectful people, and wonderful members of our society. But I think we've just gotten to a turning point here that we're all trying to do something to make our community safer. And to have all of the advertising about the gun shows, and sort of promoting it just seemed to me as counter productive to our mission.
11:02 AMIn talking to county counsel, keeping with the county mission, I believe that restricting possession and the use of guns on county property is the rights thing to do. Therefore I move that we direct county counsel to draft an ordinance prohibiting the possession or sale of fire arms on property owned or leased by the county and bringing the ordinance back to the board. County counsel should recommend what exemptions should be made. Further more I would like to county counsel to report off-agenda to the board of supervisors about other options for improving public safety as it relates to reducing gun violence and accidents. Supv simitian: supervisor yeager has made the motion item on our screen. Do we have a second on the motion? We have a second and now a discussion. Supv cortese: thank you, presidents, simitian. Let me first say I appreciate supervisor yeager trying to bring something forward in a positive way here. And in your presentation of the item i, too, agree that people on all sides of the issue who came forward today did so in a very respectful way and made important points on both o sides of the issue that makes it very difficult. I do not personally know that the - - I think there were two gentlemen that talked about the summit in April being a good place to have such dialogue, nor did I speak with them beforehand, but I appreciate the two or three people who made that point. I did get a call from somebody yesterday in my office who self-identified as being on the gun advocate side who said essentially of the board of supervisors is going to move forward iteratively. I believe we have the opportunity to demonstrate at the summit in April that we can be the first place in the country to have productive dialogue and work in small table tops with people on all sides of the issue that we can be accepting tolerant if not accepting of all ideas that can be put up on butcher paper and then ranked by people as to what's worthwhile and what's not to pursue. I want to encourage all of the folks who are here on all sides of the issue to let people know that that's the intentionality irrespective of what happens today. And I think supervisor yeager was making the point that the way our process works if we refer something to the administration or to county counsel to come back with, it's certainly not a final action of any kind. If county counsel is going, is prepared to speak on some of the nuanced and under lining legal issues, i'd certainly like to hear about that. I had occasion because i'd been in politics for so long, and even before then to study a couple of the cases that were brought before and they're very, seem to be very nuanced in terms of how they navigate the law. Very simple issues. Like what constitutes a sale and how is that different from two people having a general discussion perhaps at the county fair or tanning out in front of the plaza some day that they have a gun on consignment and want to know if is going to be purchased or not. I don't know to what extent counsel will be comfortable talking about all this here today, but I would certainly like to have supervisor yeager on what things we can do get back to that at the moment, but an off-agenda memo soon in terms of how this county counsel, who's a very good county counsel, analyzes those kind of nuanced issues around constitutional rights and so forth. Perhaps differently than has been done in the past. For those in the audience, those who spoke, i'm going to be supporting the referral going forward if for no other reason to get that legal analysis back to find out what we can and cannot do here. And whether or not an ordinance is the best way to do that. It occurs to me that not so long ago we established a set of guidelines, contractual guidelines that we use to direct what we think is acceptable, or what we think are not acceptable activities, vendors and so forth at the fairgrounds. It strikes me that if that is specifically what we want to do is focus on the fairgrounds that there May be a way to deal with that issue consistent with whatever the majority of this board feels our public policy should be. I appreciate supervisor yeager saying to his points that, you know, county counsel should be directed to have exemptions come back as I sit here today i'm open to this discussion about whether or not we should be utilizing the fairgrounds for gun shows, but I certainly don't want to do anything that would negatively impact the ability to use the metcalf range, or the sheriffs range, or facilities like that which in my opinion encourage people to go to a safe place to practice with their firearms as opposed to perhaps heading up mount hamilton road or sierra road or some place in south county even if it's legally - - to have bullets flying around without proper back stops and safe conditions. I think it's good we manage that activity in the county in a way as far as I know no one's ever been hurt and I know that the law enforcement folks are very strict about how they regulate those facilities. If that's an exemption or not we'll see as to what's recommended, um. The same for gun buy-backs. I know supervisor yeager and I have sponsored really large and successful gun buy-backs in recent years past. At least one of those was occurred at the airport where the sheriff collected over 500 fire arms in exchange for cash. If we adopt some kind of an ordinance that says we shouldn't use county property for sale, possession, and transfer, I suppose we could figure out a different way to do those, but i'm not sure that should be necessary. Again, it should be looked at in terms of any exemptions that come back. I know you did not limit those, supervisor yeager. I would hope counsel would address some of those. I do think you should also come back, counsel, in terms of responses to this off-agenda with, what can or cannot be done in terms of advertising on the streets and so forth. I think there's been a lot of discussion about that. I've seen signs nailed up to telephone poles in this county advertising gun shows as far away as san mateo. It's my unpolished legal understanding of the constitution of the united states that we have a very limited ability to regulate that kind of speech by saying some of those signs are okay because they have certain content and other of those signs are not okay because they have other content. So I think that all needs to come back. I'm mainly saying that for those who are stepping forward in good faith and saying get rid of the signs. We probably have to talk to all 15 cities about actually enforcing their code enforcement provisions that they have on the books right now, which make a lot of those signs illegal irrespective of what they say, whether it's cat shows, gun shows, tattoo shows, or whatever they are. I think most of my colleagues and I know that from having to live in the world of campaign politics that those signs aren't even supposed to be out there in the first place. Us being able to regulate them on the content of the speeches is an issue as well. I do want to say i'm sure all or many of our colleagues will be out there March 21 for our March for our lives. It's at san jose city hall and at our last meeting we adopted a a motion directing counsel to come back with a resolution which among other things endorses what our young people are doing to try to come back with solutions to the very complex problem of violence in our community particularly by use of guns. I think having been met with our young people they are open to dialogue on a much broader level and I think they are pushing the kind of grass roots activity among our youth which roughly represents 25% of our population that we haven't seen, I haven't seen since the 1960s. We want to continue to enforce those efforts by showing up whenever we can. Those are my comments on the motion. I'll be supporting moving it forward. I don't know if all the legal work will be done on or before the summit, but I hope if the board hasn't taken final action before the third week in April which is what we're targeting for this summit effort that we can continue the dialogue there expanded upon what we heard here and see what thoughts people have beyond what we heard today and what actions we might take today. Thank you. Supv simitian: thank you. Comments from other members of our board? Supervisor chavez? Supv chavez: i'm going to start with the last thing you said and ask staff and is supervisor yeager if this works - - I think one that since you're pulling that convening together if the staff has a proposal that they would be bringing back that it should be discussed at the summit. Supervisor yeager, do you have any concerns about that? Supv yeager: I think we'll know more about the timing. I wouldn't want too much time to lag. Good to hear that it might be the third week of april, but it seems like it might be a good opportunity for the public to discuss this as well. Supv chavez: yes, right. So I do because I do understand that we want to as much as possible make sure we're engaging as many people as possible in this discussion, because frankly, I think that some of what supervisor yeager's raising really around how as a a community we feel about, think about these issues and what shared solutions can be. I wouldn't want - - frankly, I think we're trying to change culture, really, and that's such a bigger lift than even what we're doing today. So a couple of other things I just want to raise. One is as it relates to the convening some folks raised some issues here that don't fit neatly into supervisor yeager's proposal but I just want to make sure that we're highlighting and get addressed as part of the discussion, supervisor cortese, that you're going to be leading. One is the issue relative to condition use permits. I think that's a really important discussion, one that takes some legal analysis. The other is making sure that we understand storage rules in the county because again I think they're different depending on the city and that's something else we should consider. And then this issue around civil restraining orders. I just want to highlight that you all probably know this, but under the leadership of Dr. Smith, we have been having an ongoing series of discussions with the courts and I think this issue round civil restraining orders and how we are or are not following up to determine whether or not someone actually has a firearm is really important and something that ought to be added to that agenda for discussion. And then this issue about research. You know, it's astounding to me really that at a federal level we don't think researching gun safety is a priority. I do know that there are some states that have started to come together to say okay if the federal government's not going to do the research, we'll do it. What i'd like to encourage the county to do is be part of those discussions. In part because of the size of the county, I think we're big enough to be part of those research efforts. And then finally, I want to reinforce something that is superriser cortese said and that is that. I want to make sure we're not doing anything to - - . When I think about the gun range, I think that's a place where people actually learn how to use a fire arm safely and that's reinforced. I want to make sure that anything that we're doing that we're not unintentionally negatively impacting what we want, which is people to not hurt each other and to not have more accidents and to make sure we're safe. I just want to under score that as we look at carbis i'm going to want to understand that from the staff's perspective, and also yours, supervisor yeager. Then the last thing i'll say is that - - two things. What are peoples' obligations if the firearm is stolen? The reason I ask that question is i've heard people say if you limit peoples ability to purchase fire arms legally, the bad folks can always have access to fire arms you know, in the black market. Often when our police agencies find those firearms they were stolen from someone's house. And so I don't know if people are obligated to report a stolen weapon, but I would be interested in understanding if that's not the case why not and whether or not there's any way for us to weigh in on that policy angle. It's terrifying not to know what has been stolen from someone's house, and what could be loose in the neighborhood. Or in our neighborhoods. So finally, I do want to thank both supervisor cortese and yeager for addressing this issue head on. I really appreciate very much the opportunity for people to have these discussions on a much deeper level. And I think it's time. You know, I think waiting for some other grand solution is not going to hap a un. As a county we haven't done that on any major issue. We've not waited for anybody else to solve a a a problem. We've tried to solve it at a local level and I appreciate you bringing this to us and look forward to the results of the information. And to the students y know many of us will see you on the 24th, but I really appreciate you in particular being here today. Thank you to everybody who came to speak. Supv simitian: any other comments from members of the board? Supervisor cortese? Supv cortese: I want to say a one thing I think is pertinent here. I know supervisor yeager is asking for an off-u agenda on what things can be done. As part of the direction last meeting when folks said make sure the summit is clear that it's all hands on deck, it's multiple agencies, and departments, not just mental health. Available in terms of what can and cannot be done to help advise people at the summit and the d. A. 's office has rereached out and really wanted to take the leadership role in helping to do that same kind of work in April when we get to the summit. It really is just an opportunity for me, thank you for the second go around president simitian to kind of sun shine the fact that that outreach process already tarted since the last a meeting and a couple of our legal agencies are already involved. Thank you. Supv simitian: thank you. Let me begin by clarifying what we do or not have before us for considering action today. As colleagues, we sometimes bring an almost final product to the board, other times we take staff to flesh it out and make it more fully formed. Supervisor yeager on the one hand I think you've come with a relatively broadly crafted referral today. On the other hand, I think you've been very clear about asking staff, county counsel in particular, for specific direction about how those broader policy goals might be realized. Was that your thinking? I just want to be clear in my own mind about what it is i'm about to vote on and for, by the way, and, um, also want to make hour the public does understand what we are voting for and also what is yet to be decided or debated. There was a little back and forth with respect to possible action a direct county counsel to direct an ordinance prohibiting the possession of sale. There was a some discussion about the potential for use of other tools other than an ordinance and I just want to be clear it sounded to me like you were open to that a. While an ordinance might be the product, there might be some other tool or a combination of tools; yes? supv yeager: yes, and thank you for mentioning that. I think one of the tasks with county counsel is to understand what legally we have to do. But if there's other ways to limit at certain county properties, sale and possession, that might not necessarily affect other county properties is one way to go. Whether an ordinance finds too much as opposed to doing something else. Supv simitian: I think that's helpful. And I also heard both in your comments and from others who spoke, a a clear indication that we would be looking to county counsel and/or other staff to articulate what they thought might be possible appropriate exemptions for consideration by our board. Part of the reason that i'm rehashing this is not just for myself, but for our board and for the public again. As well as the staff and the county counsel's office to understand what the charge is from the board if we take action here in a moment as I expect we will. Thank you for those clarifications. One other clarification is there's reference to possession or sale and I think you're addressing both of those issues, not one or the other just to get that clearly established in record as well. I want to pick up on some comments I made at a prior meeting when we discussed the summit and I mentioned then the concern I had with the dicky amendment which has precluded meaningful federal research on the gun violence over the last 20 odd years so I was pleased to hear supervisor chavez weigh in on having sound research in terms of what's happening and perhaps more to the point what works and what doesn't and more fully informing our judgments. Having some real data inform these discussions can only be a good thing for all parties so i'm looking forward to hearing back from staff on that. As to the substance of what's before us today I think we all know that the big lift really has to happen at the federal and state level. I voted on these issues year in and year out. And it's I think many of the people here are likely to know, california has some of the most stringent gun laws in the country already on the books. That being said, uh, it raises the obvious question what, if any, is the role for those of us who serve at a a local level. I think for me at least the answer is we have a role to play. The fact that others need to step up as well does not in any way suggest we don't have a role to play. Even if our role can only be a modest one, i'm reminded of the old adage, better to light one candle than to curse the darkness. I think this is one of those times. I am going to support the measure today. I am appreciative of the clarification that has been made. The fact that we can't do it all, doesn't mean we shouldn't do what we can do. One last thing before we go to a a final vote is here is I do think there is value in having something that is a little more refined for discussion at the summit. This is an iterative process. I think it was great we heard from so many folks today at the earlier possible stage, but I think as more specific suggestions imager in the process we will want to use the summit that supervise cortese has proposed as a a venue in which we can take some community feedback about more specific proposals. I'm hoping that we'll be able to make the timing work as we go back and forth. I see Mr. Wasserman would like to weigh in, and please do, sir. supv wasserman: i, too, will be supporting the motion for the referral and as supervisor cortese and chavez have said I am interested in the exemptions coming backes especially as they pertain to met calf range.
11:28 AMAll right, we will ask all of our board members to vote on their screens, I believe they have done so I will say thank you very much. The clerk will now tally the vote and the measure carries 5-0. Thank you all very much and as you heard today this is only the beginning of the conversation. Item 10 is to receive report from the county executive.
11:29 AMThank you, Mr. President, I have two issues i'd like to raise that I think the board knows about but just for completeness sake and public transparency, i'd like to tack a official,0 little bit about the rfp which is now on the streets concerning our emergency medical services. This is referred to commonly as the ambulance contract. The request for proposals was finally approved by state - - and now is available on bit sync in order for potential bidders to return a bid. The deadline for bid returns is May 1. They are in between those times, bitter, um, conferences and questions and answers available for bidders. The bids are. There's no restriction on who can bid. It can be a a public entity. It can be a a private entity. There are restrictions about quality and response times. The other significant issues that relate to this is that during the process the state made it clear that they were not going to approve a rfp which envisioned a first responder's fee or a a large, um, franchise fee so those aspects of the initial rfp were removed in order to get approval, which is required before we can put the item on the street. Also there were a number of other changes that were required regarding negotiations and the limit of our negotiations after a a bid is selected. In essence the state has taken the stance that they are. Limit the discretion that locals have with regard to these bids. So this rfp reflects those changes. Also we have just been notified that the the local medical emergency medical agency has had their 2015ems plan approved by the state which had been delayed for obviously a number of years. By the state. That's finally approved. That's a positive for us and that allows us to continue with supervising the implementation of ems services in the exclusive operating area. That's an important issue for everyone to know. Anyone who's interested in making a a bid should know that. Contrary to previous discussions for the last time around, this is a a public meeting and we've announceed it so I don't want anybody coming back later on saying we never talked about it. That was intended for the press. The second thing i'd like to talk about is our process for developing a recommended county executive budget for next year. We are currently going through the process of talking with all of the departments and department heads about their proposals as I mentioned previously the proposals totaled up well over 400 positions being requested which obviously cannot all be approved and significantly more cost than we can actually tolerate but we are going through the process and getting the department heads to prioritize their request. We will put this all together after we have a clear understanding of what our projected revenues are and a clear understanding of what their requests are. We will have the final recommended budget to the board by May 5. This year. A little bit of delay during due to scheduling the board meetings. With that, i'll open it up for board questions and that's all I have to say. Supv simitian: supervisor chavez. Supv chavez: thank you, Dr. Smith. I just have one comment slash question. that is as part of the county's budget this year, how far out will we - - you awl away do a really good presentation about in terms of where we are, and where we think we are financially. Last year or maybe the year before you had someone talk to us about what they saw coming in the out years. will you be doing that again?
11:34 AMYes, we will do that again. last year we got the feedback that there was a little too much information. We'll try to balance it as completely as we can, give a a best-case presentation for the next two years. The best information, that is, not the best presumptions and we also will have a presentation about our capital improvement plan which will be a a 5-year plan. so yes.
11:35 AMThe only other two - - well, one recommendation or request I wanted to make is in addition to that if we have partner organizations that are making significant budget changes, it would be really important to highlight that. In particular, I was thinking about some of the challenges that bta is having that May impact some of our folks who are getting to nutrition plans. I was even thinking a little bit about how we've had to respond to under staffing for example the san jose police department. We've increased our staffling in the d. A. 's office in terms of investigators. I think highlighting where we May be making those kinds of, taking those kinds of steps would just be good. I do think understanding what's on the horizon relative to decisions that are impacting the way you're flynn thinking about our budget would be important to highlight.
11:36 AMWe will try to give as much information as we can. >> in terms of the contracts we have from community-based organizations, we've had from an administrative perspective, we're taking the stance that obviously contracts that are current and on going and multiyear, we are continuing them as is. Some of them have built in a cost of living increase. Some of them don't. But we are recommending they be continued as is for those contracts that will be ending prior to the beginning of the next year they are in current negotiations. We're recommending to the cbo that they consider putting in a a cost of living increase into the negotiations suggestions that doesn't mean that they'll necessarily get it but that is done is siderred during the negotiations. But, uh, for on going contracts that are currently active we are not recommending any changes in the budget to those contracts. Supv simitian: thank you. Other comments or questions? I'll take the opportunity under the report from the county executive to share with board members and the public that it is my intention to put a a referral into the hopper before the close of business this Friday a referral requesting that we go to a year-round operation at the sunnyv alle homeless shelter. I don't want to discuss that at length today. I May be looking for a co-author on that at some point in the next few days but I wanted to let folks know that was in the offing so they can begin to thinker about it between now and the meeting on the 20th. I will have a by close of business on Friday a a formal referral. I should also share that I was on the phone last night and was able to talk with six of the seven counsel members in sunnyvale to giver them a head's up this proposal would be coming soon as well. So stay tuned and thank you for that. That takes us then to item number 11, which is to receive a report from county counsel. Before we do that, a quick question for you if I may. It occurs to me that item item 48 is a a sharps item on which supervisor wasserman and I have repeatedly recuse ourselves. Would we have been well-advised to repeat that recusal today?
11:39 AMYes. >> May we recuse our is selves after the fact if there is no objection from the board?
Yes. supv simitian: then I would like to indicate that I played no role or part in the deliberation or discussion or action on that item and it was my intention and remains my attention to recuse myself yet again on that item on the advice of counsel. Mr. Wasserman in. supv wasserman: thank you. I will recuse myself due to my financial interest in johnson & johnson. Supv simitian: I don't think there's any objection from the board. I would ask the minutes to reflect a recusal rather than a a vote as part of the larger consent calendar approval. That takes us to the county counsel for his report without interruption.
11:40 AMAt the March 5, 2018 closed session meeting by unanimous vote with all members present the board authorized the county to file a joint litigation and - - the names of the action of defendants as well as the substance of the litigation shall be disclosed once litigation is formally commenced to any person upon inquiry. That concludes my report.
Thank you. any questions from members of the board about the county counsel's report? all right, if not then that will take us to the next item. That next item, items 12 and 13 deal with the establishment of the downtown transgender clinic. I know that's a a matter of particular interest to supervisor yeager who's stepped away for just a minute.