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STATEMENT OF PROCEEDINGS COUNTY OF SAN DIEGO BOARD OF SUPERVISORS REGULAR MEETING TUESDAY, JANUARY 27, 2009 Board Of Supervisors North Chamber 1600 Pacific Highway, Room 310, San Diego, California MORNING SESSION: – Meeting was called to order at 9:07 a.m. PRESENT: Supervisors Dianne Jacob, Chairwoman; Pam Slater- Price, Vice Chairwoman; Greg Cox; Ron Roberts; Bill Horn; also Thomas J. Pastuszka, Clerk. Invocation was led by Pastor Drew Macintyre, from Calvary Chapel of Alpine. Pledge of Allegiance was led by Connor Spain. Connor is a senior at Ramona High School and a member of NJROTC. Approval of Statement of Proceedings/Minutes for Meeting of January 6, 2009. ACTION: ON MOTION of Supervisor Horn, seconded by Supervisor Slater- Price, the Board of Supervisors approved the Statement of Proceedings/Minutes for Meeting of January 6, 2009. AYES: Cox, Jacob, Slater-Price, Roberts, Horn 1/27/09 1

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Page 1: COUNTY OF SAN DIEGO BOARD OF SUPERVISORS€¦  · Web viewThis is a vacation that is taken close to home due to current economic circumstances. Staycations are increasingly becoming

STATEMENT OF PROCEEDINGSCOUNTY OF SAN DIEGO BOARD OF SUPERVISORS

REGULAR MEETINGTUESDAY, JANUARY 27, 2009

Board Of Supervisors North Chamber1600 Pacific Highway, Room 310, San Diego, California

MORNING SESSION: – Meeting was called to order at 9:07 a.m.

PRESENT: Supervisors Dianne Jacob, Chairwoman; Pam Slater-Price, Vice Chairwoman; Greg Cox; Ron Roberts; Bill Horn; also Thomas J. Pastuszka, Clerk.

Invocation was led by Pastor Drew Macintyre, from Calvary Chapel of Alpine.

Pledge of Allegiance was led by Connor Spain. Connor is a senior at Ramona High School and a member of NJROTC.

Approval of Statement of Proceedings/Minutes for Meeting of January 6, 2009.

ACTION:ON MOTION of Supervisor Horn, seconded by Supervisor Slater-Price, the Board of Supervisors approved the Statement of Proceedings/Minutes for Meeting of January 6, 2009.

AYES: Cox, Jacob, Slater-Price, Roberts, Horn

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Category Agenda No. Subject

Public Safety 1. SHERIFF’S DEPARTMENT - ACCEPTANCE OF GIFTS AND DONATIONS[FUNDING SOURCE(S): DONATIONS FROM THE STEPHEN & MARY BIRCH FOUNDATION AND THE TARQUINIO TRUST](4 VOTES)

2. DISTRICT ATTORNEY: RATIFICATION OF APPLICATION FOR DEPARTMENT OF JUSTICE, OFFICE ON VIOLENCE AGAINST WOMEN GRANT

3. AN ORDINANCE AMENDING TITLE 3 OF THE SAN DIEGO COUNTY CODE RELATING TO PUBLIC SAFETY, MORALS AND WELFARE

4. PUBLIC SAFETY GROUP-FISCAL YEAR 2008-09 CITIZEN’S OPTION FOR PUBLIC SAFETY (COPS) AND JUVENILE JUSTICE CRIME PREVENTION ACT (JJCPA) PROGRAMS

5. PUBLIC SAFETY GROUP – APPROVAL OF A RESOLUTION ALLOWING COUNTY DEPARTMENTS TO ENTER INTO AN AGREEMENT WITH THE CALIFORNIA HIGHWAY PATROL FOR PURPOSES OF COMBATING DRIVING UNDER THE INFLUENCE

6. OFFICE OF EMERGENCY SERVICES – HOMELAND SECURITY GRANT PROGRAM ACCEPTANCE [FUNDING SOURCE(S): FEDERAL HOMELAND SECURITY GRANT PROGRAM PASSED THROUGH THE CALIFORNIA OFFICE OF HOMELAND SECURITY](4 VOTES)

7.* PROBATION – SHARING THE SUCCESS OF THE DUI ENFORCEMENT UNIT

Land Use and Environment

8. AUTHORIZATION TO APPLY FOR AND ACCEPT A GRANT FOR THE VALLEY CENTER VILLAGE DESIGN PROJECT(4 VOTES)

9. PROPERTY TAX EXCHANGE FOR JURISDICTIONAL CHANGES – PILOT TRAVEL CENTER ANNEXATION TO THE SAN DIEGO RURAL FIRE PROTECTION DISTRICT

Financial and General Government

10. HEALTHY OPPORTUNITIES DURING AN UNHEALTHY ECONOMY

11. ENVIRONMENTAL EDUCATION AND

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*Presentation

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Category Agenda No. Subject

PASSPORT PROGRAM AT SAN DIEGO COUNTY PARKS

12. LOCAL COMMUNITY PROJECTS GRANTS (DISTRICT: 3)[FUNDING SOURCE(S): COMMUNITY PROJECTS BUDGET (ORG 15660)]

13. NOTICED PUBLIC HEARING:ISSUANCE OF BONDS BY THE CALIFORNIA STATEWIDE COMMUNITIES DEVELOPMENT AUTHORITY FOR FRANCIS PARKER SCHOOL IN AN AGGREGATE AMOUNT NOT TO EXCEED $20,000,000

14. RESOLUTION REGARDING REQUESTS FOR FEDERAL CRIMINAL HISTORY FOR EMPLOYEES

15. 2009 LEGISLATIVE PROGRAM 16. SET HEARINGS FOR 2/24/09 AND 3/3/09:

FILLING THE VACANCY OF THE SAN DIEGO COUNTY ELECTIVE OFFICE OF ASSESSOR/RECORDER/COUNTY CLERK

17. REVISED LEASE REVENUE BOND DOCUMENTS FOR THE COUNTY OPERATIONS CENTER AND ANNEX REDEVELOPMENT PROJECT AND RELATED BUDGET AMENDMENTS [FUNDING SOURCE(S): LEASE REVENUE BONDS AND GENERAL PURPOSE REVENUE CASH CONTRIBUTION]

Communications Received

18. COMMUNICATIONS RECEIVED

Appointments 19. ADMINISTRATIVE ITEM:APPOINTMENTS

Closed Session 20. CLOSED SESSION (DISTRICTS: ALL)

Presentations/Awards 21. PRESENTATIONS/AWARDS

Public Communication 22. PUBLIC COMMUNICATION

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1. SUBJECT: SHERIFF’S DEPARTMENT - ACCEPTANCE OF GIFTS AND DONATIONS (DISTRICTS: ALL)

OVERVIEW:The Sheriff’s Department has received gifts and donations from individuals and organizations interested in supporting the Department in a variety of ways. County of San Diego Administrative Code Section 66 and Board of Supervisors’ Policy A-112, Acceptance of Gifts and Donations, permits the acceptance of gifts by the administrative head of each department in the County, subject to ratification by the Board of Supervisors. A report of all individual gifts not exceeding $5,000 is required, as well as Board of Supervisors’ approval to accept individual gifts over $5,000. This request is to ratify and accept gifts and donations received by the Sheriff’s Department between the period of July 1, 2008 and December 31, 2008.

FISCAL IMPACT:Stephen & Mary Birch Donation, Tarquinio TrustFunds for these requests are not included in the Fiscal Year 2008-09 Operational Plan. The funding sources are donations from the Stephen & Mary Birch Foundation ($25,000) and the Tarquinio Trust ($13,601). The overall donation total for the Tarquinio Trust is $70,049. It is estimated that $13,601 will be spent in Fiscal Year 2008-09 and $14,112 will be spent in each of the four subsequent years. Funds will be moved from the Sheriff’s Trust Fund to the Sheriff’s General Fund for the next four years.

Honorary Deputy Sheriff’s Association and Mr. and Mrs. Bob ThomasThere is no fiscal impact of these requests. These requests will require the addition of zero staff years.

BUSINESS IMPACT STATEMENT:N/A

RECOMMENDATION:SHERIFF1. Pursuant to Board Policy A-112, ratify the acceptance of a $25,000

donation from the Stephen & Mary Birch Foundation to the Sheriff’s Department to complete the renovation of the men’s and women’s locker rooms at the Lemon Grove Sheriff’s Station.

2. Pursuant to Board Policy A-112, ratify the acceptance of a $70,049 donation from the Tarquinio Trust to the Sheriff’s Department to be used for the benefit and welfare of the Fallbrook Senior Volunteer Patrol.

3. Pursuant to Board Policy A-112, ratify the acceptance of the donation of 100 Motorola 1250 UHF hand held radios, valued at approximately $130,000, from the Honorary Deputy Sheriff’s Association.

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4. Pursuant to Board Policy A-112, ratify the acceptance of the donation of stop sticks, valued at approximately $4,999, from Mr. and Mrs. Bob Thomas to the Alpine Sheriff’s Station.

5. Establish appropriations of $38,601 in the Sheriff’s Department for various donations received: $25,000 for the remodel of the men’s and women’s locker rooms at the Lemon Grove Sheriff’s Station based on the unanticipated revenue from the Stephen & Mary Birch Foundation; $13,601 to be used towards the benefit of the Fallbrook Senior Volunteer Patrol based on the unanticipated revenue from the Tarquinio Trust. (4 VOTES)

6. Authorize the Chair of the Board of Supervisors to sign a letter of appreciation on behalf of the Board of Supervisors and the County of San Diego to the Stephen & Mary Birch Foundation and Honorary Deputy Sheriff’s Association.

ACTION:ON MOTION of Supervisor Slater-Price, seconded by Supervisor Cox, the Board took action as recommended, on Consent.

AYES: Cox, Jacob, Slater-Price, Roberts, Horn

2. SUBJECT: DISTRICT ATTORNEY: RATIFICATION OF APPLICATION FOR DEPARTMENT OF JUSTICE, OFFICE ON VIOLENCE AGAINST WOMEN GRANT (DISTRICTS: ALL)

OVERVIEW:This is a request to ratify the submission of the U. S. Department of Justice, Office on Violence Against Women, Grants to Encourage Arrest Policies and Enforcement of Protection Orders Program grant proposal, in the amount of $750,000, for the period October 1, 2009 through September 30, 2010. If approved, this program will support strengthening services for victims of domestic violence, sexual assault and stalking in the east region of San Diego County.

FISCAL IMPACT:Funds for this request are not included in the Fiscal Year 2008-10 Operational Plan. If the application is approved, it will result in a $750,000 grant from the Department of Justice, Office on Violence Against Women. We will return to your Board for approval to receive the award and appropriate the funds once the application is approved and funds are awarded. There is no increase in staff years associated with this request.

BUSINESS IMPACT STATEMENT:N/A

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RECOMMENDATION:CHIEF ADMINISTRATIVE OFFICER1. Ratify the submission of the Fiscal Year 2009 Grants to Encourage Arrest

Policies and Enforcement of Protection Orders grant proposal from the U.S. Department of Justice, Office on Violence Against Women, in the amount of $750,000 for the period of October 1, 2009 through September 30, 2010.

2. Waive Board Policy B-29, Fees, Grants, Revenue Contracts – Department responsibility for cost recovery, which requires prior approval of grant applications and full cost recovery for grants.

3. Authorize the District Attorney to execute grant agreements and other grant documents including extensions and amendments that do not materially impact or alter either the grant program or funding level.

ACTION:ON MOTION of Supervisor Roberts, seconded by Supervisor Slater-Price, the Board took action as recommended.

AYES: Cox, Jacob, Slater-Price, RobertsABSENT: Horn

3. SUBJECT: AN ORDINANCE AMENDING TITLE 3 OF THE SAN DIEGO COUNTY CODE RELATING TO PUBLIC SAFETY, MORALS AND WELFARE (DISTRICTS: ALL)

OVERVIEW:County Departments have been engaged in comprehensive revisions to the San Diego County Code ("County Code"). This recommendation, which proposes revisions to most of Title 3 of the County Code, is the fourth phase of the revision project. Earlier revisions amended Titles 1 and 2 (the first phase), Title 4 (the second phase) and rewrote the Building, Plumbing, Electrical and Mechanical Codes ("Construction Codes") and Fire Code and moved them into a new title, Title 9 (the third phase).

FISCAL IMPACT:There are no fiscal impacts associated with this request.

BUSINESS IMPACT STATEMENT:Adoption of the proposed Ordinance will eliminate unnecessary regulations that are preempted by State law. The proposed Ordinance will also clarify regulations and make them easier to be understood and be enforced, reducing misunderstanding and increasing the likelihood that citations will be upheld. Clarification of the licensing procedures will provide certainty to applicants and reduce staff time in processing licensing applications.

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RECOMMENDATION:CHIEF ADMINISTRATIVE OFFICER1. Find that the proposed Ordinance amendments are exempt from review

under the California Environmental Quality Act pursuant to Section 15061(b)(3) of the State CEQA guidelines.

2. Approve the introduction of the Ordinance, (first reading), read title and waive further reading of the Ordinance.

AN ORDINANCE AMENDING TITLE 3 OF THE SAN DIEGO COUNTY CODE RELATING TO PUBLIC SAFETY, MORALS AND WELFARE

Submit the Ordinance for further Board consideration and adoption (second reading) on February 10, 2009.

ACTION:ON MOTION of Supervisor Slater-Price, seconded by Supervisor Cox, the Board took action as recommended, on Consent, introducing Ordinance for further Board consideration and adoption on February 10, 2009.

AYES: Cox, Jacob, Slater-Price, Roberts, Horn

4. SUBJECT: PUBLIC SAFETY GROUP-FISCAL YEAR 2008-09 CITIZEN’S OPTION FOR PUBLIC SAFETY (COPS) AND JUVENILE JUSTICE CRIME PREVENTION ACT (JJCPA) PROGRAMS (DISTRICTS: ALL)

OVERVIEW:The Fiscal Year 2008-09 Citizen’s Option for Public Safety (COPS) Program provides $2,608,454 of State general funds to the County of San Diego for the purposes of expanding front line law enforcement services, enhancing criminal prosecution, and augmenting Sheriff detention services. The County’s allocation is to be distributed as follows: $784,118 for the Sheriff’s law enforcement services; $912,168 for the Sheriff’s detention services; and $912,168 for the District Attorney’s criminal prosecution services. In accordance with the COPS Program funding requirements, your Board is requested to receive and allocate the Fiscal Year 2008-09 funds to the Sheriff and District Attorney in accordance with spending priorities established by those departments.

This is also a request for the Probation Department to receive Fiscal Year 2008-09 Juvenile Justice Crime Prevention Act (JJCPA) funds in the amount of $9,066,642 for juvenile justice services targeting at-risk youth and their families. An earned interest of $250,000 is anticipated in Fiscal Year 2008-2009 for a total of $9,316,642 available JJCPA funds. The County’s JJCPA

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funds will be allocated as follows: $8,065,258 for the Probation Department and $1,251,384 for Health and Human Services Agency, as approved by the Juvenile Justice Coordinating Council.

FISCAL IMPACT:District Attorney:This request will accept $912,168 in Citizen’s Option for Public Safety Program funding, $96,142 less than the amount included in the District Attorney’s Fiscal Year 2008-09 Adopted Operational Plan for this proposal. To offset this decrease in COPS funding, the District Attorney will decrease budgeted Fiscal Year 2008-09 salaries and benefits by $96,142. If approved, this request will result in current year costs and revenue of $912,168 and will not require the addition of any staff years. No matching funds are required.

Sheriff:This request will accept $1,696,286 in Citizen’s Option for Public Safety Program funding. Funds for this request are included in the Fiscal Year 2008-09 Operational Plan. A total of $1,917,383 was included in the Fiscal Year 2008-09 Adopted Operational Plan. On 12/9/08 (30), appropriations and related COPS revenue of $191,738 was cancelled due to the anticipated 10% State reduction. This action will further reduce appropriations and COPS revenue by $29,359. If approved, this request will result in current year costs and revenue of $1,696,286 and will not require the addition of any staff years. No matching funds are required.

Probation: This request will accept $8,065,258 in Juvenile Justice Crime Prevention Program funding. Funds for this request are included in the Probation Department’s Fiscal Year 2008-2009 Operational Plan. If approved, this request will result in current year costs and revenue of $8,065,258 and will not require the addition of any staff years. No matching funds are required.

Health and Human Services Agency:This request will accept $1,251,384 in Juvenile Justice Crime Prevention Program funding. Funds for this request are included in the Health and Human Services Agency’s Fiscal Year 2008-2009 Operational Plan. If approved, this request will result in current year costs and revenue of $1,251,384 and will not require the addition of any staff years. No matching funds are required

BUSINESS IMPACT STATEMENT:N/A

RECOMMENDATION:CHIEF ADMINISTRATIVE OFFICER1. Accept State funds in the amount of $2,608,454 from the Citizen’s Option

for Public Safety Program

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2. Allocate $912,168 of these funds to the District Attorney’s Office for salaries and benefits.

3. Cancel appropriations of $96,142 in salaries and benefits and related State revenue in the District Attorney’s Office due to the reduction of funds in the Fiscal Year 2008-09 State Budget.

4. Allocate $1,696,286 to the Sheriff’s Department as follows: $784,118 for law enforcement and $912,168 for detention services.

5. Cancel appropriations of $29,359 in salaries and benefits and related State revenue in the Sheriff’s Department due to the reduction of funds in the Fiscal Year 2008-09 State Budget.

6. Accept State funds in the amount of $9,066,642 from the Juvenile Justice Crime Prevention Act for the Probation Department.

ACTION:ON MOTION of Supervisor Slater-Price, seconded by Supervisor Cox, the Board took action as recommended, on Consent.

AYES: Cox, Jacob, Slater-Price, Roberts, Horn

5. SUBJECT: PUBLIC SAFETY GROUP – APPROVAL OF A RESOLUTION ALLOWING COUNTY DEPARTMENTS TO ENTER INTO AN AGREEMENT WITH THE CALIFORNIA HIGHWAY PATROL FOR PURPOSES OF COMBATING DRIVING UNDER THE INFLUENCE (DISTRICT: 2)

OVERVIEW:The California Highway Patrol (CHP) recently received grant monies from the State’s Office of Traffic Safety (OTS). The grant designated the CHP to act as the lead agency for a multi-agency DUI task force and checkpoint project. The CHP wishes to work with the County’s Probation and Sheriff’s Departments on the grant activities and internal State policies require the CHP to receive a resolution from your Board prior to entering into agreements with County departments. This letter requests your Board to approve such a resolution. Staff will return to your Board for approval to enter into agreements with the CHP and appropriate funds if needed.

FISCAL IMPACT:Funds for the anticipated agreement are not included in the Fiscal Year 08-09 Sheriff or Probation Department’s budget. Staff anticipates that the agreements with the CHP will result in $10,000 in current year expenditures and revenues in the Probation Department and $20,000 in current year expenditures and

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revenues in the Sheriff’s Department. If needed, staff will return to your Board for any appropriation of funds or necessary approvals. This request will result in no change in net General Fund cost and no additional staff years.

BUSINESS IMPACT STATEMENT:N/A

RECOMMENDATION:CHIEF ADMINISTRATIVE OFFICERApprove the resolution titled “A RESOLUTION OF THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, SUPPORTING THE CONCEPT AND EFFORTS OF THE EL CAJON AREA OF THE CALIFORNIA HIGHWAY PATROL NEEDED TO CONDUCT A DRIVING-UNDER-THE-INFLUENCE (DUI) TRAFFIC SAFETY PROJECT”.

ACTION:ON MOTION of Supervisor Slater-Price, seconded by Supervisor Cox, the Board took action as recommended, on Consent, adopting Resolution No. 09-005, entitled: A RESOLUTION OF THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, SUPPORTING THE CONCEPT AND EFFORTS OF THE EL CAJON AREA OF THE CALIFORNIA HIGHWAY PATROL NEEDED TO CONDUCT A DRIVING-UNDER-THE-INFLUENCE (DUI) TRAFFIC SAFETY PROJECT.

AYES: Cox, Jacob, Slater-Price, Roberts, Horn

6. SUBJECT: OFFICE OF EMERGENCY SERVICES – HOMELAND SECURITY GRANT PROGRAM ACCEPTANCE (DISTRICTS: ALL)

OVERVIEW:This is a request to authorize the Department of Planning and Land Use, the Department of Environmental Health, the Probation Department, the Sheriff’s Department, the Health and Human Services Agency and the Office of Emergency Services (OES) to accept $7,873,102 in Homeland Security Grant Program (HSGP) funds passed through the California Office of Homeland Security (OHS). This program incorporates the State Homeland Security Program (SHSP) grant and the Metropolitan Medical Response System (MMRS) grant. OES is responsible for administering and distributing the grant funds to the cities in the County as well as the unincorporated areas of the County. The funding is for emergency planning, the continued development of an exercise program, equipment purchases, regional projects, and grant administration.

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FISCAL IMPACT:Funds for this request are not included in the Fiscal Year 2008-10 Operational Plan. If approved, this request will result in current year costs and revenues of $7,873,102. The funding source is the Federal Homeland Security Grant Program passed through the California Office of Homeland Security and will not require the addition of staff years.

BUSINESS IMPACT STATEMENT:N/A

RECOMMENDATION:CHIEF ADMINISTRATIVE OFFICER1. Authorize the Department of Planning and Land Use, the Department of

Environmental Health, the Probation Department, the Sheriff’s Department, the Health and Human Services Agency and the Office of Emergency Services to accept the Homeland Security Grant Program grant from the California Office of Homeland Security for the period from October 23, 2008 to May 31, 2011 in the amount of $7,873,102 to purchase equipment to enhance the response to chemical, biological, radiological, nuclear and explosive incidents as well as conduct exercises, emergency planning and administration.

2. Establish appropriations of $105,000 in the Department of Planning and Land Use, to award contracts to provide services and for the purchase of equipment to strengthen fire hazard and risk mapping operations based on unanticipated revenue from the California Office of Homeland Security. (4 VOTES)

3. Establish appropriations of $463,500 in the Department of Environmental Health for the purchase of equipment and fixed assets and to conduct exercises for hazardous materials response and recovery operations based on unanticipated revenue from the California Office of Homeland Security. (4 VOTES)

4. Establish appropriations of $50,010 in the Probation Department, for the purchase of equipment to strengthen interoperable communication equipment and to conduct incident management training based on unanticipated revenue from the California Office of Homeland Security. (4 VOTES)

5. Establish appropriations of $1,707,676 in the Sheriff’s Department for services and supplies, salaries and benefits and fixed assets to strengthen interoperable communication, information sharing and to improve response capabilities, based on unanticipated revenue from the California’s Office of Homeland Security State Homeland Security Program (SHSP) grant funds. (4 VOTES)

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6. Establish appropriations of $392,514 in the Health and Human Services Agency, Emergency Medical Services, for the purchase of equipment and fixed assets and to conduct training to strengthen public health preparedness based on unanticipated revenue from the California Office of Homeland Security. (4 VOTES)

7. Establish appropriations of $5,154,402 in the Office of Emergency Services, to purchase equipment, conduct exercises, develop emergency plans, and administration ($2,656,785) and to enter into contracts with local jurisdictions to enhance regional emergency preparedness, response and recovery ($2,497,617) based on unanticipated revenue from the California Office of Homeland Security. (4 VOTES)

8. Authorize the Director of Emergency Services to enter into expenditure contracts of $2,497,617 with local jurisdictions as stated in the table listed in the background section to enhance regional emergency preparedness, response and recovery.

ACTION:ON MOTION of Supervisor Slater-Price, seconded by Supervisor Cox, the Board took action as recommended, on Consent.

AYES: Cox, Jacob, Slater-Price, Roberts, Horn

7. SUBJECT: PROBATION – SHARING THE SUCCESS OF THE DUI ENFORCEMENT UNIT (DISTRICTS: ALL)

OVERVIEW:On July 1, 2006, the Probation Department formed the Driving Under the Influence (DUI) Enforcement Unit. The State Office of Traffic Safety awarded $1.0 million to the County of San Diego to assist with funding this unit. The Unit consists of armed probation officers who regionally and intensely supervise felony drunk drivers. Today, the Probation Department comes before your Board to share the success of the DUI Enforcement Unit.

FISCAL IMPACT:N/A

BUSINESS IMPACT STATEMENT:N/A

RECOMMENDATION:CHIEF ADMINISTRATIVE OFFICERReceive the presentation from the Probation Department on the DUI Enforcement Unit.

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ACTION:Received presentation.

8. SUBJECT: AUTHORIZATION TO APPLY FOR AND ACCEPT A GRANT FOR THE VALLEY CENTER VILLAGE DESIGN PROJECT (DISTRICT: 5)

OVERVIEW:Representatives from Valley Center have identified a desire for a plan specific to the Valley Center village areas. Valley Center contains a north and a south village area within the center of their community along Valley Center Road. These areas are identified in the Draft General Plan Update as the focal point for future residential and commercial development and both areas have been identified by the San Diego Association of Governments as potential Smart Growth Opportunity Areas in the adopted Regional Comprehensive Plan.

This is a request for authorization to apply for and accept up to $400,000 from the San Diego Association of Governments’ Planning Grants under their Smart Growth Incentive Program for the Valley Center village design plan. There is no match proposed or required under this program. If the project is approved for funding, the Valley Center Community Planning Group will take lead responsibility in plan development. Administrative oversight shall be the responsibility of the Department of Planning and Land Use.

FISCAL IMPACT:Funds for this request are not included in the Fiscal Year 2008-09 Operational Plan. This proposed action would authorize the submittal and acceptance of an application for competitive grant funds totaling $400,000 from the San Diego Association of Governments’ Planning Grants under their Smart Growth Incentive Program. If the grant is awarded, it will result in costs and revenues of up to $400,000 in Fiscal Year 2008-09. There is no match proposed or required under this program. If the project is approved for funding, the Valley Center Planning Group will take lead responsibility in plan development. Administrative oversight shall be the responsibility of the Department of Planning and Land Use. It is expected that minimal County staff time will be required for this administration. No additional staff years will be required.

BUSINESS IMPACT STATEMENT:N/A

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RECOMMENDATION:CHIEF ADMINISTRATIVE OFFICER1. Find that the proposed activity is exempt from the California Environmental

Quality Act (CEQA) as specified under State CEQA Guidelines Section 15060 (c)(3) and is not a project as defined in Section 15378 of State CEQA Guidelines, for the reasons detailed in the Notice of Exemption Form dated January 14, 2009 on file with the Department of Planning and Land Use and attached to this Board request.

2. Adopt a resolution entitled: Resolution Authorizing the Filing of an Application for Smart Growth Initiative Program Funds and Acceptance of Funds through the San Diego Association of Governments for the Valley Center Village Design Project.

3. Appoint the Director of Planning and Land Use, or designee, as agent of the County of San Diego to conduct all contract negotiations, and to execute and submit all documents that may be necessary for the completion of the aforementioned proposal.

4. Establish appropriations of up to $400,000 in Services and Supplies in the Department of Planning and Land Use services and supplies, for the Valley Center Village Design Project, contingent upon award of the grant from San Diego Association of Governments, Smart Growth Incentive Program for the Valley Center Design Project. (4 VOTES)

ACTION:ON MOTION of Supervisor Slater-Price, seconded by Supervisor Cox, the Board took action as recommended, on Consent, adopting Resolution No. 09-006, entitled: AUTHORIZING THE FILING OF AN APPLICATION FOR SMART GROWTH INCENTIVE PROGRAM FUNDS AND ACCEPTANCE OF FUNDS THROUGH THE SAN DIEGO ASSOCIATION OF GOVERNMENTS FOR THE VALLEY CENTER VILLAGE DESIGN PROJECT.

AYES: Cox, Jacob, Slater-Price, Roberts, Horn

9. SUBJECT: PROPERTY TAX EXCHANGE FOR JURISDICTIONAL CHANGES – PILOT TRAVEL CENTER ANNEXATION TO THE SAN DIEGO RURAL FIRE PROTECTION DISTRICT (DISTRICT: 1)

OVERVIEW:Section 99 of the Revenue and Taxation Code requires that the Board of Supervisors adopt a property tax exchange before the Local Agency Formation Commission can process a proposal for jurisdictional change.

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On September 26, 2007 (7), the Board of Supervisors adopted a resolution regarding negotiated property tax exchange relative to jurisdictional changes for the vacant 13.7 acre parcel to the San Diego Rural Fire Protection District for a commercial travel center planned for construction on the site. This proposal involves the annexation of the Pilot Travel Center property and the surrounding clustered parcels, all of which are currently served by County Service Area 135, into the San Diego Rural Fire Protection District to obtain structural fire protection and emergency medical services.

The annexation territory is generally located north of Otay Mesa Road, east of the San Diego City limit and south of Wiley Road. (Thomas Guide Pages 1351/H1).

FISCAL IMPACT:If approved, this proposal will result in an estimated reduction of $6,467 in the first year of the exchange to the County’s share of property tax in the area, as well as a loss of service responsibility. The proposed action will require the addition of no staff years.

BUSINESS IMPACT STATEMENT:N/A

RECOMMENDATION:CHIEF ADMINISTRATIVE OFFICER1. Find that the property tax exchange for the Pilot Travel Center annexation

to the San Diego Rural Fire Protection District is not a project pursuant to the California Environmental Quality Act (CEQA) as specified under Section 15378(b)(4) for the reasons detailed in the Notice of Exemption dated December 5, 2008 on file with the Department of Planning and Land Use.

2. Adopt the Resolution entitled, Resolution Regarding Negotiated Property Tax Exchange Relative To Jurisdictional Changes.

ACTION:ON MOTION of Supervisor Slater-Price, seconded by Supervisor Cox, the Board took action as recommended, on Consent, adopting Resolution No. 09-007, entitled: RESOLUTION REGARDING NEGOTIATED PROPERTY TAX EXCHANGE RELATIVE TO JURISDICTIONAL CHANGES.

AYES: Cox, Jacob, Slater-Price, Roberts, Horn

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10. SUBJECT: HEALTHY OPPORTUNITIES DURING AN UNHEALTHY ECONOMY (DISTRICTS: ALL)

OVERVIEW:While we have made many changes to improve access to food stamps in recent years, these difficult economic times require that we do even more. Many people who have paid taxes and worked hard now need a stop-gap measure to ensure that the basic needs of their families are met. One necessity that is fundamental is access to healthy food.

In the County’s role as the administrator of food assistance programs, we have the opportunity to enhance the efficiency and effectiveness of distributing this vital resource. Doing more with less is part of the county business model, and during times of economic crisis this becomes even more crucial.

FISCAL IMPACT:There is no fiscal impact related to this action.

BUSINESS IMPACT STATEMENT:N/A

RECOMMENDATION:SUPERVISOR ROBERTS AND SUPERVISOR HORNDirect the Chief Administrative Officer to report back in 90 days with the following:

a. Program and policy recommendations to simplify the food stamp program eligibility process while maintaining program integrity and identify potential legislative roadblocks to these proposed recommendations and

b. Potential funding and program opportunities in the Federal Farm Bill that would establish an incentive program for food stamp recipients to purchase fruits and vegetables with an emphasis on buying locally grown produce at farmers’ markets, and provide information on the County’s possible role in these programs.

ACTION:ON MOTION of Supervisor Slater-Price, seconded by Supervisor Cox, the Board took action as recommended, on Consent.

AYES: Cox, Jacob, Slater-Price, Roberts, Horn

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11. SUBJECT: ENVIRONMENTAL EDUCATION AND PASSPORT PROGRAM AT SAN DIEGO COUNTY PARKS(DISTRICTS: ALL)

OVERVIEW:“Staycation” is quickly becoming a common word in the American vocabulary. This is a vacation that is taken close to home due to current economic circumstances. Staycations are increasingly becoming the best option for families impacted by the recent economic uncertainties. As spring and summer approach, and families starting thinking about a viable alternative for an economically efficient vacation, the County’s parks and recreation network provides a great opportunity.

With the residents of San Diego County staying relatively close to home, what better time to reintroduce them to the natural, cultural and historical assets they possess in their own county. One way to educate these people about the County’s Parks and Recreation system is to provide an Environmental Education and Passport Program which will invite and challenge the families of San Diego to visit and explore the existing parks and preserves the County has to offer.

The County of San Diego’s Department of Parks and Recreation (DPR) can take the lead in creating and implementing this program that can reach out to “staycationers” and visitors alike. DPR can deliver a user-friendly environmental education and passport program to encourage families to enjoy and learn more about the local natural, historical and cultural resources.

FISCAL IMPACT:There is no fiscal impact associated with these recommendations.

BUSINESS IMPACT STATEMENT:N/A

RECOMMENDATION:SUPERVISOR SLATER-PRICE 1. Direct the CAO to work with the County of San Diego Department of

Parks and Recreation to examine the cost of creating and implementing a County-wide Environmental Education Program and Passport program.

2. Direct the CAO to report back to the Board of Supervisors in 180 days with recommendations for creating and implementing a County-wide Environmental Education Program and Passport program and providing associated costs.

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ACTION:ON MOTION of Supervisor Slater-Price, seconded by Supervisor Cox, the Board took action as recommended, on Consent.

AYES: Cox, Jacob, Slater-Price, Roberts, Horn

12. SUBJECT: LOCAL COMMUNITY PROJECTS GRANTS (DISTRICT: 3)

OVERVIEW:Funding for the Community Projects Grant program was included in the fiscal year 2008-2009 adopted budget in order to further public purposes throughout the County.

FISCAL IMPACT:The current year total combined cost of these 16 projects is $490,540. The funding source is the Community Projects Budget (org 15660). This will result in the addition of no staff years and no future year costs.

BUSINESS IMPACT STATEMENT:N/A

RECOMMENDATION:SUPERVISOR PAM SLATER-PRICE 1. Allocate $2,000 from the Community Projects Grant Budget (org 15660) to

the Mira Mesa Women’s Club to assist with marketing, supplies, and venue costs for Chalk the Walk – Mira Mesa Arts Festival on Saturday, May 9, 2009.

2. Allocate $11,000 from the Community Projects Grant Budget (org 15660) to Spirit of the Fourth, Inc. to assist with marketing costs for the Independence Day celebration in Rancho Bernardo on Saturday, July 4, 2009.

3. Allocate $15,000 from the Community Projects Grant Budget (org 15660) to I Love A Clean San Diego to assist with marketing, supplies, and food costs for the 7th Annual Creek-to-Bay Cleanup on Saturday, April 25, 2009.

4. Allocate $17,680 from the Community Projects Grant Budget (org 15660) to San Diego Project Heartbeat to purchase 650 Cardiopulmonary Resuscitation (CPR) Anytime Kits, and to cover costs for copies, travel, and marketing to implement the CPR Anytime program at San Pasqual High School in Escondido.

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5. Allocate $10,000 from the Community Projects Grant Budget (org 15660) to the Pacific Beach Women’s Club to assist with costs to repair and replace plumbing, sewer lines, toilets, bathroom fixtures, and tile at 1721 Hornblend Street, San Diego, CA 92109.

6. Allocate $6,000 from the Community Projects Grant Budget (org 15660) to Mira Mesa Community 4th of July Committee, Inc. to assist with costs for fireworks at their Fourth of July Fireworks and Community celebration in Mira Mesa.

7. Allocate $78,700 from the Community Projects Grant Budget (org 15660) to the Zoological Society of San Diego to assist with costs associated with production, design, artwork, and text of 15 educational panels; fabrication, construction, and installation of the 15 educational panels; and design, construction, and installation of interactive elephant radio collars at the San Diego Zoo, located at 2920 Zoo Drive, San Diego, CA 92101.

8. Allocate $10,000 from the Community Projects Grant Budget (org 15660) to the Escondido Rotary Foundation to assist with venue rental and supply costs for the 6th Annual Coeur de Cuisine event on Sunday, March 8, 2009.

9. Allocate $50,000 from the Community Projects Grant Budget (org 15660) to the Theatre and Arts Foundation of San Diego County to assist with marketing, educational supplies, travel, and food costs for an education and outreach program for the Peter and the Starcatchers play running from February 13 through March 8, 2009; and marketing, professional services, and travel costs for the La Jolla Playhouse Preservation Project.

10. Allocate $4,160 from the Community Projects Grant Budget (org 15660) to La Jolla Parks and Recreation, Inc. to assist with purchase and installation costs of four educational panels to be displayed at “The Map” in La Jolla’s Kellogg Park.

11. Allocate $10,000 from the Community Projects Grant Budget (org 15660) to the Encinitas Coastal Rotary Club to assist with marketing, venue, and supply costs for their annual golf tournament fundraiser on Friday, May 1, 2009.

12. Allocate $5,000 from the Community Projects Grant Budget (org 15660) to the Leucadia-Encinitas Highway 101 Main Street Association to assist with costs to rent a shuttle bus, and marketing costs for the Beach Shuttle pilot project to be implemented in summer 2009.

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13. Allocate $5,000 from the Community Projects Grant Budget (org 15660) to the San Diego North Chamber of Commerce to assist with marketing and supply costs associated with the “Stage 8 Experience” event on Sunday, February 22, 2009 in Rancho Bernardo. (NOTE: SEE ACTION BELOW REGARDING THIS RECOMMENDATION.)

14. Allocate $250,000 from the Community Projects Grant Budget (org 15660) to The Old Globe to offset costs for professional services and marketing for their 2009 Shakespeare Festival running from June 13, 2009 through September 27, 2009.

15. Allocate $11,000 from the Community Projects Grant Budget (org 15660) to the Scripps Ranch Civic Association for marketing, venue, supply, entertainment, and professional service costs associated with their Community Fair on May 17, 2009 and 2009 Fourth of July parade.

16. Amend the purpose of the June 22, 2004 (18) allocation of $10,000 to the YMCA of San Diego County to include the supplies, new tables and chairs for the classrooms, and a laminating machine for the teachers for the preschool at the Magdalena Ecke Family YMCA. Authorize the Chief Financial Officer to amend the grant agreement accordingly.

17. Find that the actions to be taken in items 5, 7 and 10 above are exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15301.

18. Find that the actions to be taken in items 1, 2, 6, 8, 11, 12, 13 and 15 above are exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15304.

19. Authorize the Chief Financial Officer to execute grant agreements with these organizations establishing terms for receipt of the funds described above and to make minor amendments to the agreements that are consistent with the general purpose of the grant but do not increase the grant.

20. Find that all grant awards described above have a public purpose.

ACTION:Revising Recommendation 13 to read: “Allocate $5,000 from the Community Projects Grant Budget (org 15660) to the San Diego County North Convention and Visitors Bureau to assist with marketing costs associated with the Amgen Tour of California event on Sunday, February 22, 2009”; ON MOTION of Supervisor Slater-Price, seconded by Supervisor Cox, the Board took action as recommended, on Consent.

AYES: Cox, Jacob, Slater-Price, Roberts, Horn

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13. SUBJECT: NOTICED PUBLIC HEARING: ISSUANCE OF BONDS BY THE CALIFORNIA STATEWIDE COMMUNITIES DEVELOPMENT AUTHORITY FOR FRANCIS PARKER SCHOOL IN AN AGGREGATE AMOUNT NOT TO EXCEED $20,000,000 (DISTRICT: 4)

OVERVIEW:The County has received a request from the California Statewide Communities Development Authority (“CSCDA”) to conduct a public hearing as required by the Internal Revenue Code and approve CSCDA’s issuance of revenue bonds in an aggregate amount not to exceed $20,000,000 (the “Bonds”), on behalf of Francis Parker School, a California non-profit organization (the “Borrower”). The Borrower will use the proceeds of the Bonds to finance the construction, improvement, rehabilitation, equipping, furnishing and installing of real property located at 6501 Linda Vista Road, San Diego, California, 92111, to be used as educational facilities (the “Project”).

CSCDA is a joint exercise of powers authority consisting of numerous California cities, counties, and special districts, including the County of San Diego. CSCDA is authorized to assist in the financing of non-profit public benefit organizations, including the Borrower. In order to initiate such a financing, the member participant, i.e. the County of San Diego, must: (1) conduct a public hearing to satisfy the public approval requirement of Section 147(f) of the Internal Revenue Code; and (2) approve CSCDA’s issuance of indebtedness. Although CSCDA will be the issuer of the tax-exempt obligations for the Borrower, the financing cannot proceed without the approval of the County of San Diego.

FISCAL IMPACT:The County’s membership in CSCDA bears with it no cost or other financial obligation, but serves as a public acknowledgement as the host jurisdiction of the Project being financed. Funds for this request are not included in the Fiscal Year 2008-2009 Operational Plan. If approved, this proposal will result in $1,000 of unanticipated revenue to be used to reimburse the County for costs associated with this non-County financing.

The Borrower will be responsible for the payment of all present and future costs in connection with the issuance of the Bonds. The County will incur no obligation of indebtedness as a result of these actions.

BUSINESS IMPACT STATEMENT:N/A

RECOMMENDATION:CHIEF ADMINISTRATIVE OFFICER1. Pursuant to Section 147(f) of the Internal Revenue Code, hold a public

hearing regarding the financing of the Project.

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2. Adopt a resolution named:

RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF SAN DIEGO AUTHORIZING AND APPROVING A FINANCING TO BE UNDERTAKEN BY THE CALIFORNIA STATEWIDE COMMUNITIES DEVELOPMENT AUTHORITY FOR THE BENEFIT OF FRANCIS PARKER SCHOOL IN AN AGGREGATE AMOUNT NOT TO EXCEED $20,000,000.

ACTION:ON MOTION of Supervisor Slater-Price, seconded by Supervisor Cox, the Board closed the Hearing and took action as recommended, on Consent, adopting Resolution No. 09-008, entitled: RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF SAN DIEGO AUTHORIZING AND APPROVING A FINANCING TO BE UNDERTAKEN BY THE CALIFORNIA STATEWIDE COMMUNITIES DEVELOPMENT AUTHORITY FOR THE BENEFIT OF FRANCIS PARKER SCHOOL IN AN AGGREGATE AMOUNT NOT TO EXCEED $20,000,000.

AYES: Cox, Jacob, Slater-Price, Roberts, Horn

14. SUBJECT: RESOLUTION REGARDING REQUESTS FOR FEDERAL CRIMINAL HISTORY FOR EMPLOYEES (DISTRICTS: ALL)

OVERVIEW:The County of San Diego’s Department of Human Resources (DHR), Risk Management Division, Background Investigation Unit processes background checks for prospective County of San Diego employees, volunteers, interns and student workers for 28 departments. Criminal history background checks are a key component in determining an applicant’s suitability for employment. They ensure the timely identification of any criminal history that is incompatible with the activities and interactions required by the job including, direct contact with children, access to cash or other funds, benefit determination responsibilities, access to information that is restricted by law, and driving a vehicle on County business. Candidates are currently required to complete a background check which consists of fingerprinting for California Department of Justice (DOJ) criminal record clearance and federal criminal record clearance for candidates with any out-of-state residence history, which is not based on fingerprinting.

To effectively maximize protection of sensitive County information and vulnerable populations, DHR needs to ensure that employees, volunteers, interns and student workers have no federal criminal history by utilizing a fingerprint match. Before DHR can obtain federal criminal history background checks through fingerprinting, California law [Penal Code Sections 11105(b)(10) and 13300(b)(10)] requires the Board of Supervisors to authorize DHR to receive this information. Today’s action requests adoption of a resolution

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authorizing requests for federal criminal history from DOJ for employees, volunteers, interns and student workers.

FISCAL IMPACT:Funds for this request are included in the Fiscal Year 2008-10 Operational Plan, in the applicable department budgets. The current annual cost for fingerprint checks is approximately $128,858.00. Costs for the federal criminal history background checks appear to be comparable to the current method and therefore will not require additional funds. There will be no change in net General Fund cost and no additional staff years.

BUSINESS IMPACT STATEMENT:N/A

RECOMMENDATION:CHIEF ADMINISTRATIVE OFFICERAdopt a Resolution entitled:

RESOLUTION GRANTING THE DEPARTMENT OF HUMAN RESOURCES IN THE COUNTY OF SAN DIEGO THE AUTHORITY TO REQUEST FEDERAL CRIMINAL HISTORY FOR EMPLOYEES, VOLUNTEERS, INTERNS AND STUDENT WORKERS.

ACTION:ON MOTION of Supervisor Slater-Price, seconded by Supervisor Cox, the Board took action as recommended, on Consent, adopting Resolution No. 09-009, entitled: RESOLUTION GRANTING THE DEPARTMENT OF HUMAN RESOURCES IN THE COUNTY OF SAN DIEGO THE AUTHORITY TO REQUEST FEDERAL CRIMINAL HISTORY FOR EMPLOYEES, VOLUNTEERS, INTERNS AND STUDENT WORKERS.

AYES: Cox, Jacob, Slater-Price, Roberts, Horn

15. SUBJECT: 2009 LEGISLATIVE PROGRAM (DISTRICTS: ALL)

OVERVIEW:This is a request for Board direction to the Office of Strategy and Intergovernmental Affairs staff and the County of San Diego’s Sacramento and Washington, D.C. representatives regarding the 2009 Legislative Program.

FISCAL IMPACT:None

BUSINESS IMPACT STATEMENT:N/A

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RECOMMENDATION:CHIEF ADMINISTRATIVE OFFICER Adopt the proposed 2009 Legislative Program by taking the following actions:1. Authorize staff to pursue the legislative proposals summarized in the

Sponsorship section of the 2009 Legislative Program (Attachment A).

2. Authorize staff to pursue state and federal legislative efforts as detailed in the Priority Issues section of the 2009 Legislative Program (Attachment B).

3. Authorize staff to advocate as directed in the Legislative Policy Guidelines section of the 2009 Legislative Program (Attachment C).

ACTION:ON MOTION of Supervisor Slater-Price, seconded by Supervisor Cox, the Board took action as recommended, on Consent, with the following changes:

Adding support of AB 24 (Block);

Deleting Item A2 from Attachment D on Page 29;

Adding the Suspension of State Bonds to the state priorities section of the 2009 Legislative Program and take the following actions:

1) Urge the Legislature and Governor to pass the budget

2) Seek a waiver of retroactivity for County projects that will need a waiver and allow funds to be expended now and reimbursed when the cease and desist order is revoked.

4 projects have already been completed, but are short the State funding:

- San Elijo Visitor Center ($600K)

- Lakeside Baseball Park ($407K)

- Bancroft Rock House Historical Structures Report ($35K)

- Nutrient and Sediment Reduction Best Management Practices in Santa Margarita River Watershed ($600K)

3) Seek legislative action that provides the necessary time extension for deadlines established by bond measures impacted by the PMIB suspension action.

4) Provide funding for invoices that were submitted prior to the PMIB suspension action (over $30M)

AYES: Cox, Jacob, Slater-Price, Roberts, Horn

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16. SUBJECT: FILLING THE VACANCY OF THE SAN DIEGO COUNTY ELECTIVE OFFICE OF ASSESSOR/RECORDER/COUNTY CLERK (DISTRICTS: ALL)

OVERVIEW:The County Assessor/Recorder/Clerk resigned from his office effective December 31, 2008. On January 6, 2009, the Board determined that the process to fill the vacancy would be conducted in accordance with Board Policy A-105, and directed the Clerk of the Board to return in 30 days with a public hearing schedule, an application deadline, and the form of notice to advertise the position.

This action requires three steps: On January 27, 2009, the Board will approve the form of notice and application, and the deadline for acceptance of applications. On February 24, 2009, the Board will conduct the first public hearing during which the Board will select no more than five finalists from among those who have applied. On March 3, 2009, a second public hearing will take place during which the Board will make a final selection from among the finalists.

FISCAL IMPACT:There is no fiscal impact as a result of the recommended actions. The position is budgeted in the Department of the County Assessor/Recorder/County Clerk.

RECOMMENDATION:CHIEF ADMINISTRATIVE OFFICEROn January 27, 2009:1. Approve the application packet for the position which includes the form of

notice to advertise the position (Attachment A).

2. Set the application period to commence at 8:00 a.m. Wednesday, January 28, 2009, and to close at 5:00 p.m. Wednesday, February 18, 2009. Applications are available from and must be returned to the Clerk of the Board, by the close of the filing period. All applicants must personally appear to obtain and file the required application forms. Applications with required attachments must be completed fully for acceptance by the Clerk.

3. Require the following with respect to this application process:a. Each finalist must provide written responses to any questions the

Board may ask the finalists to prepare for the final hearing.b. Each finalist must grant the County permission to conduct credit and

criminal records background checks.c. Inform the finalists that the appointment of the successful applicant

will be contingent on that applicant passing the County’s standard medical exam.

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4. Set Tuesday, February 24, 2009 at 2:00 p.m. as the first hearing on all applicants.

5. Set Tuesday, March 3, 2009 at 10:00 a.m. as the second hearing to consider finalists.

On February 24, 2009:1. Conduct a public hearing and hear from each of the applicants.

2. Select no more than five (5) finalists from among those who have applied.

On March 3, 2009:1. Conduct a public hearing and hear from each of the finalists.

Select and appoint one of the finalists to serve as and complete the current term of the County office of the Assessor/Recorder/County Clerk contingent upon passing the County’s standard medical exam.

ACTION:ON MOTION of Supervisor Slater-Price, seconded by Supervisor Cox, the Board of Supervisors took action as recommended, on Consent; setting Hearings for February 24, 2009, 2:00 p.m. and March 3, 2009, 10:00 a.m.

AYES: Cox, Jacob, Slater-Price, Roberts, Horn

17. SUBJECT: REVISED LEASE REVENUE BOND DOCUMENTS FOR THE COUNTY OPERATIONS CENTER AND ANNEX REDEVELOPMENT PROJECT AND RELATED BUDGET AMENDMENTS (DISTRICTS: ALL)

OVERVIEW:On April 8, 2008 (7) the Board directed the Chief Administrative Officer to include funding for Phase 1 of the County Operations Center (COC) and Annex Redevelopment project (Project) in the Fiscal Year 2008-10 Operational Plan, and directed the Chief Financial Officer to seek long-term financing through the San Diego Regional Building Authority (SDRBA). On September 23, 2008 (15), the Board approved the issuance of up to $325 million in lease revenue bonds to support Phase 1 of this project. The bonds were scheduled to be issued during the first weeks of October; however, significant volatility and restricted liquidity in global debt markets negatively affected the pricing of the bonds. Since that time, both short-term and long-term municipal bond rates have risen considerably and have resulted in the delay of most debt issuances which were scheduled to be brought to the market. In addition, as reported in the Fiscal Year 2008-09 First Quarter Operational Plan Status Report, the impacts of the struggling global economy are projected to result in a greater impact on County revenues than what was originally anticipated when the Project funding was approved in the Spring.

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The construction of Phase 1 ($308.3 million in construction costs) is now recommended to be divided into two phases, Phase 1A ($188.5 million in construction costs) and Phase 1B. In response to the changing economic climate, the recommendations before the Board today will approve financing documents to segment funding of Phase 1 into two stages, limiting the amount of bonds to be issued at this time to no more than $175 million to fund Phase 1A costs only and will adjust the Fiscal Year 2008-09 budget to reflect the reduction in the scope of the project. In addition, it is recommended that the search for new facilities for COC and Annex tenants that will not be moving to or staying at the COC except for those relocations necessitated by Phase 1A be placed on hold until such time as a decision is made to go forward with Phase 1B.

FISCAL IMPACT:Total costs required to fund Phase 1A of this project are estimated to be $216.7 million, which includes construction costs and financing costs such as capitalized interest and fees, a debt service reserve fund, and costs of issuance. The funding sources are an estimated $141.7 million in lease revenue bonds and a $75 million general purpose revenue cash contribution. Appropriations associated with this request are included in the Fiscal Year 2008-2009 Operational Plan in the Capital Outlay Fund. If approved, this request will result in annual lease payments of approximately $10.4 million beginning in Fiscal Year 2011-2012. The Lease Revenue bonds are scheduled to mature in 2036 (27 years). This action will result in no additional staff years. Staff will return to the board prior to the December 2010 scheduled construction start date of Phase 1B with recommendations for funding that next phase.

In addition to the appropriations for the COC and Annex Redevelopment Project, the Fiscal Year 2008-09 Operational Plan includes $56 million to acquire new facilities for COC and Annex tenants that would not be part of the new COC Campus. Approximately $48 million remains of that funding following the purchase of an office building in Kearny Mesa for the combined Family Resource Center and the North Central Region Public Health Clinic. After new space is acquired for the Probation Work Projects office that is currently at the COC in the Phase 1A footprint, the remainder of the funds will be frozen pending a go-ahead decision on Phase 1B. The cost for this new space has not yet been determined.

BUSINESS IMPACT STATEMENT:N/A

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RECOMMENDATION:CHIEF ADMINISTRATIVE OFFICER1. Adopt a resolution entitled:

A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF SAN DIEGO AMENDING AND RESTATING RESOLUTION NO. 08-211, AND PROVIDING FOR THE ISSUANCE BY THE SAN DIEGO REGIONAL BUILDING AUTHORITY OF NOT TO EXCEED $175,000,000 OF SAN DIEGO REGIONAL BUILDING AUTHORITY LEASE REVENUE BONDS (COUNTY OPERATIONS CENTER AND ANNEX REDEVELOPMENT PROJECT), SERIES 2009A, APPROVING THE EXECUTION AND DELIVERY OF VARIOUS RELATED DOCUMENTS IN CONNECTION WITH THE OFFERING AND SALE OF SUCH BONDS AND OTHER MATTERS RELATED THERETO

2. Cancel appropriations of $119,765,056 and related revenue in the Capital Outlay Fund for Capital Project, 1011214 County Operations Center to reflect the reduction in project scope at this time.

3. Direct the Chief Administrative Officer to place on hold the search for new facilities for COC and Annex tenants that will not be moving to or staying at the COC except for those relocations necessitated by Phase 1A.

ACTION:The Chief Financial Officer, having provided an overview of this item, ON MOTION of Supervisor Slater-Price, seconded by Supervisor Cox, the Board took action as recommended, on Consent, adopting Resolution No. 09-010, entitled: A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF SAN DIEGO AMENDING AND RESTATING RESOLUTION NO. 08-211, AND PROVIDING FOR THE ISSUANCE BY THE SAN DIEGO REGIONAL BUILDING AUTHORITY OF NOT TO EXCEED $175,000,000 OF SAN DIEGO REGIONAL BUILDING AUTHORITY LEASE REVENUE BONDS (COUNTY OPERATIONS CENTER AND ANNEX REDEVELOPMENT PROJECTCOUNTY OPERATIONS CENTER PROJECT), SERIES 2009A, APPROVING THE EXECUTION AND DELIVERY OF VARIOUS RELATED DOCUMENTS IN CONNECTION WITH THE OFFERING AND SALE OF SUCH BONDS AND OTHER MATTERS RELATED THERETO.

AYES: Cox, Jacob, Slater-Price, Roberts, Horn

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18. SUBJECT: COMMUNICATIONS RECEIVED (DISTRICTS: ALL)

OVERVIEW:Board Policy A-72, Board of Supervisors Agenda and Related Process, authorizes the Clerk of the Board to prepare a Communications Received for Board of Supervisors' Official Records. Routine informational reports, which need to be brought to the attention of the Board of Supervisors yet not requiring action, are listed on this document. Communications Received documents are on file in the Office of the Clerk of the Board.

FISCAL IMPACT:N/A

BUSINESS IMPACT STATEMENT:N/A

RECOMMENDATION:CHIEF ADMINISTRATIVE OFFICERNote and File.

ACTION:ON MOTION of Supervisor Slater-Price, seconded by Supervisor Cox, the Board took action as recommended, on Consent.

AYES: Cox, Jacob, Slater-Price, Roberts, Horn

19. SUBJECT: ADMINISTRATIVE ITEM:APPOINTMENTS (DISTRICTS: ALL)

OVERVIEW:These appointments are in accordance with applicable Board Policy A–74, Citizen Participation in County Boards, Commissions and Committees, Board Policy I–1, Planning and Sponsor Group Policies and Procedures and Policy A-77, Appointments to Fill Vacancies and Cancellation of Election where Insufficient Nominations Filed Prior to Uniform District Election and Citizen Planning Group Election.

FISCAL IMPACT:N/A

BUSINESS IMPACT STATEMENT:N/A

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RECOMMENDATION:

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CHAIRWOMAN JACOBWaive Board Policy A-74, Citizen Participation in County Boards, Commissions and Committees and re-appoint Randy Terry to the Mobile Home Issues Committee, for a term to expire January 7, 2013.

Re-appoint William F. Vance to the Mobile Home Issues Committee, for a term to expire January 7, 2013.

Re-appoint David E. DeVol to the San Diego County Capital Asset Leasing Corporation Board of Directors (SANCAL), for a term to expire January 7, 2013.

Re-appoint Bruce H. Campbell to the San Diego County Fish and Wildlife Advisory Commission, for a term to expire January 7, 2013.

Waive Board Policy A-74, Citizen Participation in County Boards, Commissions and Committees and re-appoint Florence Sloane to the San Diego County Fish and Wildlife Advisory Commission, for a term to expire January 7, 2013.

Waive Board Policy A-74, Citizen Participation in County Boards, Commissions and Committees and re-appoint William Biggs to the Ramona Cemetery District, Seat No. 1, for a term to expire January 7, 2013.

Waive Board Policy A-74, Citizen Participation in County Boards, Commissions and Committees and re-appoint Daniel W. Vengler to the Ramona Cemetery District, Seat No. 2, for a term to expire January 7, 2013.

Waive Board Policy A-74, Citizen Participation in County Boards, Commissions and Committees and re-appoint John Degenfelder to the San Diego County Parks Advisory Committee, for a term to expire January 7, 2013.

Waive Board Policy A-74, Citizen Participation in County Boards, Commissions and Committees and re-appoint Marilyn Wilkinson to the San Diego County Parks Advisory Committee, for a term to expire January 7, 2013.

Re-appoint Gerald S. Mulder as a County Hearing Officer, for a term to expireJanuary 7, 2013.

Re-appoint Helen-Maria Erawan Ofield to the San Diego County Historic Site Board, for a term to expire January 7, 2013.

Re-appoint Waldo Joe Brunner to the San Diego County Veterans Advisory

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Council, for a term to expire January 7, 2013.

Re-appoint Benjamin Franklin Dillingham, III to the San Diego County Veterans Advisory Council, for a term to expire January 7, 2013.

Appoint Terry Gibson to the Descanso Community Planning Group, Seat No. 9, for a term to expire January 7, 2013.

Appoint Patricia Fauble to the Jacumba Community Service District, for a term to expire December 3, 2010.

VICE CHAIRWOMAN SLATER-PRICEWaive Board Policy A-74, Citizen Participation in County Boards, Commissions and Committees and re-appoint Abraham Krems, M.D. to the Advisory Council for Aging and Independence Services, for a term to expire January 7, 2013.

Waive Board Policy A-74, Citizen Participation in County Boards, Commissions and Committees and re-appoint Dennis Holz to the Health Services Advisory Board (HSAB), for a term to expire January 7, 2013.

Waive Board Policy A-74, Citizen Participation in County Boards, Commissions and Committees and re-appoint Margie Warner to the San Diego County Historic Site Board, for a term to expire January 7, 2013.

Appoint Irwin Rosenfarb, M.D. to the San Diego County Mental Health Board, for a term to expire December 30, 2011.

Waive Board Policy A-74, Citizen Participation in County Boards, Commissions and Committees and re-appoint Jeff Kane to the San Diego County Capital Asset Leasing Corporation Board of Directors (SANCAL), for a term to expire January 7, 2013.

SUPERVISOR COXRe-appoint Lynn Pankhurst to the Advisory Council for Aging and Independence Services, for a term to expire January 7, 2013.

Re-appoint Doris A. Payne to the Advisory Council for Aging and Independence Services, for a term to expire January 7, 2013.

Waive Board Policy A-74, Citizen Participation in County Boards, Commissions and Committees and re-appoint Lanny Roark to the Alcohol & Drug Advisory Board, for a term to expire January 7, 2013.

Re-appoint Emerald Randolph to the Commission on Children, Youth and

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Families, for a term to expire January 7, 2013.

Waive Board Policy A-74, Citizen Participation in County Boards, Commissions and Committees and re-appoint Robert E. Hertzka, M.D. to the Health Services Advisory Board, for a term to expire January 7, 2013.

Waive Board Policy A-74, Citizen Participation in County Boards, Commissions and Committees and re-appoint Ben Medina, M.D. to the Health Services Advisory Board, for a term to expire January 7, 2013.

Re-appoint Vicki Estrada to the San Diego County Historic Site Board, for a term to expire January 7, 2013.

Re-appoint Bobby R. Price to the Committee for Persons with Disabilities, for a term to expire January 7, 2013.

Re-appoint Robert D. White to the Committee for Persons with Disabilities, for a term to expire January 7, 2013.

Re-appoint John Carroll to the San Diego County Parks Advisory Committee, for a term to expire January 7, 2013.

Waive Board Policy A-74, Citizen Participation in County Boards, Commissions and Committees and re-appoint Michael McCoy, M.D. to the San Diego County Parks Advisory Committee, for a term to expire January 7, 2013.

CHIEF ADMINISTRATIVE OFFICERAppoint Robert J. McNamara to the Past Grand Jurors Association Implementation Review Committee, for a term to expire December 31, 2010.

Re-appoint Thomas E. McCarthy to the Past Grand Jurors Association Implementation Review Committee, for a term to expire December 31, 2010.

Re-appoint Walter D. Hofmann, M.D. to the Past Grand Jurors Association Implementation Review Committee, for a term to expire December 31, 2010.

ACTION:ON MOTION of Supervisor Slater-Price, seconded by Supervisor Cox, the Board took action as recommended, on Consent.

AYES: Cox, Jacob, Slater-Price, Roberts, Horn

20. SUBJECT: CLOSED SESSION (DISTRICTS: ALL)

OVERVIEW:

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A. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION(Subdivision (a) of Section 54956.9)Thomas Skarvada, et al v. County of San Diego, et al.; United States District Court No. 08-CV-1064-JLS(WMc)

B. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION(Subdivision (a) of Section 54956.9)Sarah Del Monte v. County of San Diego, et al.; United States District Court No. 06-CV-00872-L(WMC)

C. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION(Subdivision (a) of Section 54956.9)Guatay Christian Fellowship v. County of San Diego; United States District Court No. 08-CV-1406-JM(CAB)

D. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATIONSignificant exposure to litigation pursuant to subdivision (b) of Government Code section 54956.9: (Number of Potential Cases – 1)The facts and circumstances concerning this significant exposure to litigation involve the recent announcements by the State of California to delay paying substantial sums of required State health and welfare funds to counties for distribution to eligible families with children. The failure of the State to timely pay these funds to counties creates the potential that families, who do not receive their monthly health and welfare payments, will file litigation against the counties and the State.

E. CONFERENCE WITH LABOR NEGOTIATORS(Government Code section 54957.6)Designated Representatives: Carlos Arauz, Susan BrazeauEmployee Organizations: All

ACTION:Any other reportable matters will be announced on Wednesday, January 28, 2009, prior to the Board of Supervisors Planning and Land Use meeting.

21. SUBJECT: PRESENTATIONS/AWARDS

OVERVIEW:Chairwoman Dianne Jacob presented a proclamation declaring January 27, 2009, Clint Burdett Day throughout the County of San Diego.

Chairwoman Dianne Jacob presented a proclamation honoring Volunteer Of The Month – William Denton.

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Vice Chairwoman Pam Slater-Price presented a proclamation declaring January 27, 2009, Bob Cozens Day throughout the County of San Diego.

Vice Chairwoman Pam Slater-Price and Supervisor Bill Horn presented a proclamation declaring January 27, 2009, North Coastal Prevention Coalition Day throughout the County of San Diego.

Supervisor Ron Roberts presented a proclamation declaring January 27, 2009, Warren J. Simon Day throughout the County of San Diego.

Supervisor Greg Cox presented a proclamation declaring January 27, 2009, Robert J. Hernandez Day throughout the County of San Diego.

22. SUBJECT: PUBLIC COMMUNICATION

OVERVIEW:John Van Dorn spoke to the Board concerning Humphries Vs. County of Los Angeles.

Sister Justine Church, Loura Reyes and Gerald Brooks Ashby spoke to the Board concerning United Domestic Workers of America.

ACTION:Heard, referred to the Chief Administrative Officer.

There being no further business, the Board adjourned at 12:21 p.m. in memory of Harry “Happy Hare” Martin, Morris Pion, Yick Ng “Rollie” Quon, Rosemary Jones, Larry Pearce, Florence Valora Dalager, and Glen Takahashi.

THOMAS J. PASTUSZKAClerk of the Board of Supervisors

County of San Diego, State of California

Consent: VizcarraDiscussion: Mazyck

NOTE: This Statement of Proceedings sets forth all actions taken by the County of San Diego Board of Supervisors on the matters stated, but not necessarily the chronological sequence in which the matters were taken up.

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