COUNTY OF SAN DIEGO BOARD OF SUPERVISORS€¦ · Web viewstatement of proceedingscounty of san...

STATEMENT OF PROCEEDINGSCOUNTY OF SAN DIEGO BOARD OF SUPERVISORS

REGULAR MEETINGTUESDAY, NOVEMBER 8, 2011

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

REGULAR SESSION – Regular Meeting was called to order at 9:01 a.m.

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

Invocation was led by Pastor Phil Waters of First Baptist Church of Oceanside.

Pledge of Allegiance was led by Juliana Eaton and Aaliyah Mason.

Approval of Statement of Proceedings/Minutes for Meeting of Regular Board of Supervisors on October 25, 2011.

ACTION:ON MOTION of Supervisor Roberts, seconded by Supervisor Jacob, the Board of Supervisors approved the Statement of Proceedings/Minutes for Meeting of Regular Board of Supervisors on October 25, 2011.

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

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Category Agenda No. Subject

Public Safety 1. APPROVAL OF SECOND AMENDMENT TO THE JOINT POWERS AGREEMENT – HEARTLAND FIRE TRAINING AUTHORITY

2. SUNSET REVIEW OF BOARD OF SUPERVISORS POLICIES AND COUNTY ADMINISTRATIVE CODE ARTICLES ASSIGNED TO THE PUBLIC SAFETY GROUP

3. DISTRICT ATTORNEY – ACCEPTANCE OF GRANTS TO ENCOURAGE ARREST POLICIES AND ENFORCEMENT OF PROTECTION ORDERS PROGRAM [FUNDING SOURCE(S): USDOJ OVW, GRANTS TO ENCOURAGE ARREST POLICIES AND ENFORCEMENT OF PROTECTION ORDERS PROGRAM](4 VOTES)

4. SHERIFF – REQUEST TO ACCEPT AN AWARD FOR THE 2011 OPERATION STONEGARDEN GRANT [FUNDING SOURCE(S): GRANT REVENUE FROM THE CALIFORNIA EMERGENCY MANAGEMENT AGENCY (CALEMA), OPERATION STONEGARDEN GRANT](4 VOTES)

5. SHERIFF – REQUEST TO ACCEPT GRANT AWARDS FOR THE BULLETPROOF VEST PARTNERSHIP PROGRAM, 2011 PAUL COVERDELL FORENSIC SCIENCE IMPROVEMENT ACT PROGRAM, INTERNET CRIMES AGAINST CHILDREN PROGRAM, AND THE SAN DIEGO COUNTY LAW ENFORCEMENT FOUNDATION’S LIFE SAVING EQUIPMENT PROGRAM[FUNDING SOURCE(S): BULLETPROOF VEST PARTNERSHIP PROGRAM - GRANT REVENUE FROM THE USDOJ; PAUL COVERDELL FORENSIC SCIENCE IMPROVEMENT PROGRAM - GRANT REVENUE FROM THE 2011 PAUL COVERDELL FORENSIC SCIENCE IMPROVEMENT PROGRAM; INTERNET CRIMES AGAINST CHILDREN (ICAC) - GRANT REVENUE FROM THE USDOJ

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THROUGH THE SDPD; SDCLEF LIFE SAVING EQUIPMENT - GRANT REVENUE FROM THE SDCLEF](4 VOTES)

6. SHERIFF’S DEPARTMENT AND PROBATION DEPARTMENT REQUEST FOR PROPOSAL FOR INMATE TELEPHONES IN DETENTION FACILITIES

7. SHERIFF’S DEPARTMENT REQUEST FOR SOLE SOURCE PROCUREMENT OF BRAND NAME ITEMS [FUNDING SOURCE(S): JAIL STORES’ INTERNAL SERVICE FUND]

8. SHERIFF’S DEPARTMENT REQUEST FOR SOLE SOURCE PROCUREMENT OF SPECIALIZED TRAINING FOR THE SAN DIEGO REGIONAL TERRORISM THREAT ASSESSMENT CENTER/ LAW ENFORCEMENT COORDINATION CENTER (SD RTTAC/LECC) [FUNDING SOURCE(S): FISCAL YEAR 2009-2011 STATE HOMELAND SECURITY PROGRAM GRANT FOR THE SHERIFF’S DEPARTMENT]

9. OFFICE OF EMERGENCY SERVICES – EMERGENCY MANAGEMENT PERFORMANCE GRANT PROGRAM APPLICATION AND RESOLUTION

10. ACCEPTANCE OF ADDITIONAL FISCAL YEAR 2009 URBAN AREA SECURITY INITIATIVE GRANT FUNDS AND APPROPRIATION AND TRANSFER OF FISCAL YEAR 2009 AND FISCAL YEAR 2010 URBAN AREA SECURITY INITIATIVE GRANT FUNDS [FUNDING SOURCE(S): FEDERAL HOMELAND SECURITY URBAN AREA SECURITY INITIATIVE GRANT PASSED THROUGH THE CALIFORNIA EMERGENCY MANAGEMENT AGENCY TO THE CITY OF SAN DIEGO](4 VOTES)

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11. MEDICAL EXAMINER - ACCEPTANCE OF 2011 CALIFORNIA COVERDELL PROGRAM GRANT FUNDS [FUNDING SOURCE(S): 2011 PAUL COVERDELL FORENSIC SCIENCE IMPROVEMENT ACT PROGRAM PASSED THROUGH CAL EMA](4 VOTES)

12. PROBATION DEPARTMENT - ACCEPTANCE OF OFFICE OF TRAFFIC SAFETY GRANT [FUNDING SOURCE(S): CALIFORNIA OFFICE OF TRAFFIC SAFETY]

Health and Human Services

13. 2010-2011 LIVE WELL, SAN DIEGO! REPORT

TIME CERTAIN: 9:30 A.M.

14. FISCAL YEAR 2011-12 BUSINESS PLAN FOR THE A.B. AND JESSIE POLINSKY CHILDREN’S CENTER [FUNDING SOURCE(S): FEDERAL CWS FUNDING, SOCIAL SERVICES REALIGNMENT 1991, REALIGNMENT 2011, FIRST 5 COMMISSION, DONATIONS, AND MATCHING FUNDS PROVIDED FROM GENERAL PURPOSE REVENUE]

15. REALIGNMENT OF NARCOTIC TREATMENT PROGRAMS[FUNDING SOURCE(S): REALIGNED SALES TAX REVENUE AND CORRESPONDING FEDERAL FUNDS](4 VOTES)

Community Services 16. NOTICED PUBLIC HEARING:PURCHASE OF AN 18.41-ACRE SITE FOR FUTURE CONSTRUCTION OF A NEW FIRE FACILITY IN BOULEVARD (STOCKER TRUST)[FUNDING SOURCE(S): SAN DIEGO COUNTY FIRE AUTHORITY (SDCFA)](4 VOTES)

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17. PUBLIC DEFENDER - NEW LEASE FOR PUBLIC DEFENDER AT 450 B STREET, SAN DIEGO[FUNDING SOURCE(S): COUNTY LOCAL REVENUE FUND 2011 AND THE GENERAL FUND](4 VOTES)

18. ANIMAL SERVICES - APPROVAL OF LEASE AGREEMENT WITH THE CITY OF SAN DIEGO FOR THE COUNTY ANIMAL SHELTER AT 5480 GAINES STREET, SAN DIEGO

19. AUTHORIZE THE USE OF SAN DIEGO GAS & ELECTRIC ON-BILL FINANCING TO FUND ENERGY EFFICIENCY AND DEMAND RESPONSE PROJECTS; ADOPT UPDATED RESOLUTION FOR CALIFORNIA ENERGY COMMISSION ENERGY LOAN PROGRAM[FUNDING SOURCE(S): SAN DIEGO GAS & ELECTRIC (SDG&E) ON-BILL FINANCING PROGRAM (OBF) LOANS](4 VOTES)

20. HOUSING & COMMUNITY DEVELOPMENT – AUTHORIZE SUBMITTAL OF CALHOME FIRST-TIME HOMEBUYERS GRANT APPLICATION AND ACCEPTANCE OF THE GRANT FUNDS[FUNDING SOURCE(S): UNANTICIPATED GRANT REVENUE FROM CALIFORNIA DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT CALHOME PROGRAM](4 VOTES)

Financial and General Government

21. LEAVE NO VETERAN BEHIND

TIME CERTAIN: 2:30 P.M.

22. NOTICED PUBLIC HEARING:PROPOSED ORDINANCE TO AMEND SECTION 86.1 AND TO ADD SECTION 86.2 OF THE SAN DIEGO COUNTY ADMINISTRATIVE CODE TO INCREASE ASSESSOR/RECORDER/COUNTY CLERK FEES AND ADOPT A NEW FEE

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23. DISPOSITION OF SURPLUS ASSESSMENT DISTRICT FUNDS

24. SUNSET REVIEW OF BOARD OF SUPERVISORS POLICIES, COUNTY ADMINISTRATIVE CODE ARTICLES AND REGULATORY CODE TITLES ASSIGNED TO THE FINANCE AND GENERAL GOVERNMENT GROUP, AND THE RECORDS MANAGEMENT AND DESTRUCTION RESOLUTION

25. SECOND CONSIDERATION AND ADOPTION OF ORDINANCE: AMENDMENTS TO THE COMPENSATION ORDINANCE RELATING TO A TENTATIVE AGREEMENT FOR ONE EMPLOYEE BARGAINING UNIT (CR), REPRESENTED BY THE ASSOCIATION OF SAN DIEGO COUNTY EMPLOYEES[FUNDING SOURCE(S): COMBINATION OF GENERAL PURPOSE REVENUE AND VARIOUS PROGRAM REVENUES]

Communications Received

26. COMMUNICATIONS RECEIVED

Appointments 27. ADMINISTRATIVE ITEM:APPOINTMENTS

Financial and General Government

28. COMMUNITY ENHANCEMENT PROGRAM

Closed Session 29. CLOSED SESSION

Presentation/Awards 30. PRESENTATIONS/AWARDS

Public Communication

31. PUBLIC COMMUNICATION

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1. SUBJECT: APPROVAL OF SECOND AMENDMENT TO THE JOINT POWERS AGREEMENT – HEARTLAND FIRE TRAINING AUTHORITY (DISTRICT: 2)

OVERVIEW:On September 14, 2010 (2), your Board approved a Fire Deployment Study implementation plan to improve the delivery of fire and emergency medical services in the San Diego County region and approved a conceptual plan for the use of one-time resources allocated to the San Diego County Fire Authority for certain one-time expenditures, focusing on the development of facilities to support fire-fighting operations and training needs in the unincorporated area.

Today’s request is to authorize the execution of an amendment to the Heartland Fire Training Authority (HFTA) Joint Powers Agreement and provide funding in the amount of $400,000 to add the County of San Diego as a member agency for a five year period.

FISCAL IMPACT:Funds for this request are included in the Fiscal Year 2011-12 Operational Plan for the Public Safety Group Executive Office, San Diego County Fire Authority. There will be no change in net General Fund cost and no additional staff years. San Diego Fire Authority will make a one-time payment of $400,000 to HFTA for the use of the training facilities until June 30, 2017.

BUSINESS IMPACT STATEMENT:N/A

RECOMMENDATION:CHIEF ADMINISTRATIVE OFFICER1. Authorize addition of the County of San Diego as a public agency member of the

Heartland Fire Training Authority.

2. Authorize the County Fire Warden, or designee, to execute the amendment to the Heartland Fire Training Authority Joint Powers Agreement (JPA).

3. Authorize the County Fire Warden, or designee, to sign and execute any future amendments, renewals, and extensions of the Joint Powers Agreement that do not materially impact and/or alter the program or funding level and to otherwise administer the agreements.

4. Appoint the District 2 Supervisor, or designee, to serve as the County’s appointee on the “Heartland Fire Training Commission”.

5. Appoint the County Fire Warden, or designee to serve as the County’s representative on the “Board of Fire Chiefs”.

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


2. SUBJECT: SUNSET REVIEW OF BOARD OF SUPERVISORS POLICIES AND COUNTY ADMINISTRATIVE CODE ARTICLES ASSIGNED TO THE PUBLIC SAFETY GROUP (DISTRICTS: ALL)

OVERVIEW:In accordance with Board of Supervisors Policy A-76, Sunset Review Process, the Public Safety Group periodically reviews certain Board policies and provisions of the County Administrative Code to ensure that obsolete policies and Administrative Code provisions are deleted and remaining policies reflect current Board standards and practices. The actions requested represent minor, non-substantive changes to align with current practices and terminology. The actions requested in Recommendations 4 and 5 require two steps, approval of the first reading of the Ordinances on November 8, 2011 and adoption of the Ordinance on December 6, 2011.

FISCAL IMPACT:There is no fiscal impact associated with the recommended actions.


RECOMMENDATION:CHIEF ADMINISTRATIVE OFFICER6. Determine no change is necessary and approve the sunset review date of

December 31, 2018 for the following Board of Supervisors Policies:

K-11 Use and Distribution of County-Owned Sandbags and Other Resources

7. Determine no change is necessary and approve the sunset review date of December 31, 2018 for the following articles of the County Administrative Code:

Article II, Section 26 District Attorney

Article III, Section 66.4 Chief Probation Officer Forfeiture Program

8. Approve amendments to and the sunset review date of December 31, 2018 for the following Board of Supervisors Policies:

A-92 Juvenile Justice

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A-132 Gender-Responsive Services for Juvenile Female Offenders and At-Risk Young Women and Girls

B-69 Allocation of County Penalty Assessment Funds

E-7 Disposition of Remains of Deceased Indigents

L-1 Narcotics Law Enforcement

9. Approve the introduction of the Ordinance (First Reading), read title and waive further reading of the Ordinance:

AN ORDINANCE AMENDING SECTIONS 66.1, 66.2, 84.401, and ARTICLE XI OF THE SAN DIEGO COUNTY ADMINISTRATIVE CODE RELATING TO THE SHERIFF AND DISTRICT ATTORNEY ASSET FORFEITURE PROGRAMS, NORTH COUNTY GANG COMMISSION AND THE DEPARTMENT OF THE CHIEF MEDICAL EXAMINER.

If the Board takes the action recommended in item 4, then on December 6, 2011:Submit the Ordinance (Attachment C) for further Board consideration and adoption and approve the sunset review date of December 31, 2018 (Second Reading):

AN ORDINANCE AMENDING SECTIONS 66.1, 66.2, 84.401, and ARTICLE XI OF THE SAN DIEGO COUNTY ADMINISTRATIVE CODE RELATING TO THE SHERIFF AND DISTRICT ATTORNEY ASSET FORFEITURE PROGRAMS, NORTH COUNTY GANG COMMISSION AND THE DEPARTMENT OF THE CHIEF MEDICAL EXAMINER.

ACTION:ON MOTION of Supervisor Slater-Price, seconded by Supervisor Jacob, the Board took action as recommended, on Consent, introducing Ordinance for further Board consideration and adoption on December 6, 2011.


3. SUBJECT: DISTRICT ATTORNEY – ACCEPTANCE OF GRANTS TO ENCOURAGE ARREST POLICIES AND ENFORCEMENT OF PROTECTION ORDERS PROGRAM (DISTRICTS: ALL)

OVERVIEW:This is a request to approve the acceptance of the U. S. Department of Justice (USDOJ), Office on Violence Against Women (OVW) Grants to Encourage Arrest Policies and Enforcement of Protection Orders Program, in the amount of $1,000,000 for the period January 1, 2012 through December 31, 2013. These funds are to expand the services provided by the North County Family Violence Prevention Center

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(NCFVPC). NCFVPC, located in San Marcos, offers coordinated and comprehensive intervention services to families experiencing domestic violence, sexual assault or stalking in Northern San Diego County. This is a request to establish appropriations in the amount of $250,000 for Fiscal Year 2011-12. The remaining allocation will be appropriated in subsequent fiscal years.

FISCAL IMPACT:Funds for this request are not included in the District Attorney’s Fiscal Year 2011-13 Operational Plan. The funding source is the USDOJ OVW, Grants to Encourage Arrest Policies and Enforcement of Protection Orders Program. If approved, this request will result in current year cost and revenue of $250,000, Fiscal Year 2012-2013 costs and revenue of $500,000, and Fiscal Year 2013-14 cost and revenue of $250,000. There will be no change in net General Fund costs and this request will not require additional staff years.


RECOMMENDATION:DISTRICT ATTORNEY10. Authorize the acceptance of $1,000,000 in grant funds from the Fiscal Year 2011

Grants to Encourage Arrest Policies and Enforcement of Protection Orders Program from the U. S. Department of Justice, Office on Violence Against Women for the period January 1, 2012 through December 31, 2013.

11. Establish appropriations of $250,000 in the District Attorney’s Office for contributions to other agencies based on unanticipated revenue from the U.S. Department of Justice, Office on Violence Against Women. (4 VOTES)

12. Authorize the District Attorney or designee to review and execute all required grant documents, including any extensions, amendments, and/or revisions that do not materially impact or alter the grant program or funding level

19. .



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4. SUBJECT: SHERIFF – REQUEST TO ACCEPT AN AWARD FOR THE 2011 OPERATION STONEGARDEN GRANT (DISTRICTS: ALL)

OVERVIEW:On June 28, 2011 (1), your Board approved the submission of the Sheriff’s Department’s application for the 2011 Operation Stonegarden (OPSG) grant program. This is a request to authorize the Sheriff’s Department to accept $6,974,123 in 2011 OPSG grant funds for the project period October 1, 2011 to June 30, 2014, from the federal Department of Homeland Security, passed through the California Emergency Management Agency (CalEMA), and to adopt a resolution for the 2011 Operation Stonegarden Grant. The objective of the OPSG grant program is to increase coordination and enhance local law enforcement presence along the border. As was the case in 2008, 2009 and 2010, the 2011 OPSG grant program will provide funding to designated localities to enhance cooperation and coordination between law enforcement agencies in a joint mission to secure the United States land and international water borders.

FISCAL IMPACT:Funds for these requests are not included in the Fiscal Year 2011-12 Operational Plan for the Sheriff’s Department. If approved, this request will result in current year costs and revenue of $6,974,123 ($1,543,974 for the County and $5,430,149 passed through to other agencies). The grant award recovers all Sheriff Department direct costs but does not include costs associated with administrative support. The funding source is grant revenue from the California Emergency Management Agency (CalEMA), Operation Stonegarden Grant. There will be no change in net General Fund cost and no additional staff years.


RECOMMENDATION:SHERIFF20. Waive Board Policy B-29, Fees, Grants, Revenue Contracts – Department

Responsibility for Cost Recovery, which requires full cost recovery for grants.

21. Authorize the Sheriff’s Department to accept and administer 2011 OPSG grant funds in the amount of $6,974,123 from the California Emergency Management Agency (CalEMA) for the period October 1, 2011 to June 30, 2014.

22. Adopt a resolution entitled A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF SAN DIEGO RELATING TO THE FISCAL YEAR 2011 OPERATION STONEGARDEN GRANT.

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23. Establish appropriations of $6,974,123 in the Sheriff’s Department to support salaries and benefits for overtime ($1,100,562) and services and supplies ($5,873,561), for the Sheriff and local law enforcement agencies within the San Diego County region, Orange County, and Los Angeles County working on Operation Stonegarden, based on unanticipated revenue received from the California Emergency Management Agency Operation Stonegarden grant funds. (4 VOTES)

24. Authorize the Sheriff to enter into expenditure contracts related to the Operation Stonegarden grant to reimburse overtime, equipment, mileage, vehicle and equipment maintenance and flight costs, not to exceed $5,873,561 incurred collectively by participating law enforcement agencies performing grant activities during the period October 1, 2011 to June 30, 2014. Individual agencies are as follows: San Diego County Probation Department; Carlsbad Police Department; Chula Vista Police Department; Coronado Police Department; El Cajon Police Department; Escondido Police Department; La Mesa Police Department; National City Police Department; Oceanside Police Department; San Diego Harbor Police; San Diego Police Department; Orange County Sheriff’s Department; California Highway Patrol; California Department of Fish and Game; California Department of Motor Vehicles Investigators; California State Parks; San Diego State University Police Department; Los Angeles County Sheriff’s Department; and California Department of Corrections, Office of Correctional Safety.

25. Authorize the Sheriff to review and execute all required 2011 OPSG grant documents, including any extensions, amendments, and/or revisions thereof that do not materially impact or alter the grant programs or funding level.

ACTION:ON MOTION of Supervisor Slater-Price, seconded by Supervisor Jacob, the Board took action as recommended, on Consent, adopting Resolution No. 11-155, entitled: A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF SAN DIEGO RELATING TO THE FISCAL YEAR 2011 OPERATION STONEGARDEN GRANT.


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5. SUBJECT: SHERIFF – REQUEST TO ACCEPT GRANT AWARDS FOR THE BULLETPROOF VEST PARTNERSHIP PROGRAM, 2011 PAUL COVERDELL FORENSIC SCIENCE IMPROVEMENT ACT PROGRAM, INTERNET CRIMES AGAINST CHILDREN PROGRAM, AND THE SAN DIEGO COUNTY LAW ENFORCEMENT FOUNDATION’S LIFE SAVING EQUIPMENT PROGRAM (DISTRICTS: ALL)

OVERVIEW:The Sheriff’s Department regularly pursues grant funding to enhance essential public safety services in an effort to make San Diego the safest urban county in the nation. Today’s action will authorize the acceptance of four grant awards totaling $362,946 and establish appropriations totaling $188,094. The acceptance of these grant awards will provide the Sheriff’s Department with funds dedicated to purchasing bulletproof vests; providing continuing education opportunities for Sheriff’s Crime Lab analytical staff; detecting, investigating, and preventing Internet Crimes Against Children (ICAC); and, purchasing life saving equipment such as disposable respirators for the Sheriff’s Alpine station, a ballistic shield for the Sheriff’s Lemon Grove station, automated external defibrillator trainers to train detention facility personnel, and wound care teaching tool and assessment kits for use in the detention facilities.

FISCAL IMPACT:A portion of the funds ($174,852) for these requests are included in the Fiscal Year (FY) 2011-12 Operational Plan for the Sheriff’s Department. The acceptance of these four grant awards will result in current year costs and revenues of $362,946. The fiscal impact by grant program are as follows:

1) Bulletproof Vest Partnership ProgramIf approved, this request will result in FY 2011-12 costs and revenue of $74,035. The funding source is grant revenue from the USDOJ. There will be no change in net General Fund costs and no additional staff years.

2) Paul Coverdell Forensic Science Improvement ProgramIf approved, this request will result in FY 2011-12 costs and revenue of $103,966. The funding source is grant revenue from the 2011 Paul Coverdell Forensic Science Improvement Program. There will be no change in net General Fund costs and no additional staff years.

3) Internet Crimes Against Children (ICAC)If approved, this request will result in FY 2011-12 costs and revenue of $174,852. The funding source is grant revenue from the USDOJ through the SDPD. The Sheriff’s Department has sufficient appropriations in the current year for this request. There will be no change in net General Fund costs and no additional staff years.

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4) SDCLEF Life Saving EquipmentIf approved, this request will result in FY 2011-12 costs and revenue of $10,093. The funding source is grant revenue from the SDCLEF. There will be no change in net General Fund costs and no additional staff years.


RECOMMENDATION:SHERIFF26. Waive Board Policy B-29, Fees, Grants, Revenue Contracts – Department

Responsibility for Cost Recovery, which requires full cost recovery for grants, since these grant programs do not recover full cost.

27. Authorize the Sheriff to accept grant funds for the Bulletproof Vest Partnership Program totaling $74,035 for the period beginning April 1, 2011 through August 31, 2013.

28. Establish appropriations of $74,035 in the Sheriff’s Department for services and supplies based on unanticipated revenue from the U. S. Department of Justice (USDOJ) Office of Justice Programs. (4 VOTES)

29. Authorize the Sheriff to accept grant funds for the 2011 Paul Coverdell Forensic Science Improvement Act Program totaling $103,966 for the period beginning October 1, 2011 through August 31, 2012.

30. Establish appropriations of $103,966 in the Sheriff’s Department for services and supplies based on unanticipated revenue from the 2011 Paul Coverdell Forensic Science Improvement Act Program through the California Emergency Management Agency (Cal EMA). (4 VOTES)

31. Authorize the Sheriff to accept grant funds for the Internet Crimes Against Children Program totaling $174,852 for the period beginning July 1, 2011 through June 30, 2012.

32. Authorize the Sheriff to accept grant funds for the San Diego County Law Enforcement Foundation (SDCLEF) Life Saving Equipment program totaling $10,093 for the period beginning July 1, 2011 through June 30, 2012.

33. Establish appropriations of $10,093 in the Sheriff’s Department for services and supplies based on unanticipated revenue from the SDCLEF. (4 VOTES)

34. Authorize the Sheriff to review and execute all required grant and grant-related documents including any annual extensions, amendments, and/or revisions thereof that do not materially impact or alter the services or funding level.

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6. SUBJECT: SHERIFF’S DEPARTMENT AND PROBATION DEPARTMENT REQUEST FOR PROPOSAL FOR INMATE TELEPHONES IN DETENTION FACILITIES (DISTRICTS: ALL)

OVERVIEW:The Sheriff’s Department requests authority to issue a Competitive Solicitation for inmate telephone services for Sheriff's and Probation Departments’ Detention Facilities. The current telephone services contract expires on February 29, 2012. If approved, this action will allow the Sheriff to explore improved telephone technology services and negotiate telephone services from a contractor who will provide the best value to the inmates and the County.

FISCAL IMPACT:There is no fiscal impact associated with the Request for Proposal. Staff will return to your Board for budget adjustments to the Inmate Welfare Fund as a result of the new contract, if necessary.


RECOMMENDATION:SHERIFFIn accordance with Section 401, Article XXIII of the County Administrative Code authorize the Director, Department of Purchasing and Contracting to issue a Competitive Solicitation to acquire inmate telephone services for the Sheriff’s and Probation Departments’ Detention Facilities, and upon successful negotiations and determination of a fair and reasonable price, award contract for a term of three years, with seven option years and up to an additional six months if needed, and to amend the contract as needed to reflect changes to services and funding, subject to approval of the Sheriff.



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7. SUBJECT: SHERIFF’S DEPARTMENT REQUEST FOR SOLE SOURCE PROCUREMENT OF BRAND NAME ITEMS (DISTRICTS:ALL)

OVERVIEW:The State of California Penal Code (PC) 4025 (a) allows for the Sheriff of each county to establish, maintain and operate a store in connection with the county jail and for this purpose may purchase various items and sell the items to inmates in the jail. On October 14, 2008 (1) the Board approved the Sheriff's procurement of brand name snacks and beverages from manufacturers, dealers and distributors. The approval will expire December 31, 2011.

This request is for the approval of a sole source procurement of brand name snacks, beverages and personal care items from manufacturers, dealers and distributors. The brand name items will be included with additional generic items for a bid to determine fair and reasonable pricing. This request is for the period from January 1, 2012, through December 31, 2016. The funds for this request are in the Sheriff’s Department Jail Stores’ Internal Service Fund operational budget.

FISCAL IMPACT:Funds for this request are included in the Sheriff’s Fiscal Year 2011-12 Operational Plan. The funding source is the Jail Stores’ Internal Service Fund. If approved, this request will result in an estimated current year costs and revenue of $1,744,928. There will be no change in net General Fund costs and no additional staff years.


RECOMMENDATION:SHERIFFIn accordance with Board Policy A-87, Competitive Procurement, approve and authorize the Purchasing and Contracting Director to issue a Request for Bid for the acquisition of certain brand name snacks, beverages and personal care items. Subject to determination of fair and reasonable pricing, award a contract through the initial period from January 1, 2012, to December 31, 2012, plus four option periods of one year each.



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8. SUBJECT: SHERIFF’S DEPARTMENT REQUEST FOR SOLE SOURCE PROCUREMENT OF SPECIALIZED TRAINING FOR THE SAN DIEGO REGIONAL TERRORISM THREAT ASSESSMENT CENTER/ LAW ENFORCEMENT COORDINATION CENTER (SD RTTAC/LECC) (DISTRICTS: ALL)

OVERVIEW:The San Diego Regional Terrorism Threat Assessment Center/Law Enforcement Coordination Center (SD RTTAC/LECC) requires specialized training courses for the regions Terrorism Liaison Officers (TLO) who are managed and coordinated by the SD RTTAC/LECC. The courses are a vital component in developing the TLO’s ability to recognize and prepare for terrorist situations. These courses consist of many topics dealing with terrorism, such as defining domestic terrorist groups; intelligence and operations security; understanding different cultures; and the cultural cautions that enhance the TLO’s counterterrorism knowledge.

This request is to authorize the sole source procurement of specialized training courses from multiple vendors for the San Diego Regional Terrorism Threat Assessment Center / Law Enforcement Coordination Center for their Terrorism Liaison Officers.

FISCAL IMPACT:Funds for this request are included in the Fiscal Year 2011-12 Operational Plan for the Sheriff’s Department. If approved, this request will result in an estimated annual cost and revenue of $379,500 over the next five years. The funding source is the Fiscal Year 2009-2011 State Homeland Security Program Grant for the Sheriff’s Department. There will be no change in net General Fund cost and no additional staff years.


RECOMMENDATION:CHIEF ADMINISTRATIVE OFFICER1. Waive the advertising and competitive procurement requirements of Board Policy

A-87.

2. In accordance with Board Policy A-87, Competitive Procurement, subject to the determination of a fair and reasonable price, approve and authorize the Purchasing and Contracting Director to award a five year contract for specialized training courses from Knowledge & Intelligence Program Professionals (KIPP).

3. In accordance with Board Policy A-87, Competitive Procurement, subject to the determination of a fair and reasonable price, approve and authorize the Purchasing and Contracting Director to award a five year contract for specialized training courses from D-Prep LLC.

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4. In accordance with Board Policy A-87, Competitive Procurement, subject to the determination of a fair and reasonable price, approve and authorize the Purchasing and Contracting Director to award a five year contract for specialized training courses from North Vector Inc.

5. In accordance with Board Policy A-87, Competitive Procurement, subject to the determination of a fair and reasonable price, approve and authorize the Purchasing and Contracting Director to award a five year contract for specialized training courses from Sabre Group LLC.



9. SUBJECT: OFFICE OF EMERGENCY SERVICES – EMERGENCY MANAGEMENT PERFORMANCE GRANT PROGRAM APPLICATION AND RESOLUTION (DISTRICTS: ALL)

OVERVIEW:The federal Department of Homeland Security (DHS) has provided funding to the California Emergency Management Agency (CalEMA) through the Emergency Management Performance Grant (EMPG) Program. The CalEMA is responsible for administering and distributing the grant funds to counties. The purpose of the grant is to support comprehensive emergency management and to encourage the improvement of mitigation, preparedness, response, and recovery capabilities for all hazards.

This is a request to submit an application to the CalEMA for the Fiscal Year 2011 Emergency Management Performance Grant Program. Also requested is the adoption of a resolution authorizing the Deputy Chief Administrative Officer of the Public Safety Group, or the Director or the Assistant Director of the Office of Emergency Services (OES) to execute any actions necessary for the purposes of the grant.

FISCAL IMPACT:Funds for this request are included in the Fiscal Year 2011-13 Operational Plan in the Office of Emergency Services. If approved, this will result in revenue of approximately $704,235 in Fiscal Year 2011-12. The grant requires a 100% match that will be met with existing appropriations in the Office of Emergency Services. If the application is approved, we will return to your Board for approval to accept the award. There will be no change in net General Fund cost and no additional staff years.


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RECOMMENDATION:CHIEF ADMINISTRATIVE OFFICER1. Authorize the Office of Emergency Services to submit a grant application to the

CalEMA for the Fiscal Year 2011 EMPG Program in the amount of $704,235.

2. Adopt a resolution entitled “A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF SAN DIEGO RELATING TO THE EMERGENCY MANAGEMENT PERFORMANCE GRANT PROGRAM” authorizing the Deputy Chief Administrative Officer of the Public Safety Group, or the Director or the Assistant Director of the OES to execute any actions necessary for the purpose of obtaining federal financial assistance provided by the federal DHS and subgranted through the CalEMA.

ACTION:ON MOTION of Supervisor Slater-Price, seconded by Supervisor Jacob, the Board took action as recommended, on Consent, adopting Resolution No. 11-156, entitled: A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF SAN DIEGO RELATING TO THE EMERGENCY MANAGEMENT PERFORMANCE GRANT PROGRAM.


10. SUBJECT: ACCEPTANCE OF ADDITIONAL FISCAL YEAR 2009 URBAN AREA SECURITY INITIATIVE GRANT FUNDS AND APPROPRIATION AND TRANSFER OF FISCAL YEAR 2009 AND FISCAL YEAR 2010 URBAN AREA SECURITY INITIATIVE GRANT FUNDS (DISTRICTS: ALL)

OVERVIEW:The City of San Diego is the administrator of the Urban Area Security Initiative (UASI) grant. The City of San Diego, with the approval of the Urban Area Working Group, has reallocated not yet spent Fiscal Year 2009 and Fiscal Year 2010 UASI grant funds to the Sheriff’s Department Regional Communications System to strengthen interoperable communications. The total amount of Fiscal Year 2009 and Fiscal Year 2010 UASI reallocated to the Sheriff’s Department is $922,934.

This is a request to authorize the County of San Diego to accept an additional $849,359 in 2009 Urban Area Security Initiative (UASI) grant funds from the Federal Department of Homeland Security (DHS) which are passed through the California Emergency Management Agency (Cal EMA), and sub-granted through the City of San Diego. This is also a request to transfer appropriations of unexpended Fiscal Year 2009 UASI ($29,000) and Fiscal Year 2010 UASI ($44,575) funds already allocated to the County of San Diego to the Sheriff’s Department.

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FISCAL IMPACT:Funds for this request for the Fiscal Year 2009 UASI ($878,359) and Fiscal Year 2010 UASI ($44,575) with a total amount of $922,934 are not included in the Fiscal Year 2011-2013 Operational Plan for the Sheriff’s Department. Funds for Fiscal Year 2009 UASI in the amount of $29,000 are included in the Fiscal Year 2011-13 Operational Plan for the Department of Environmental Health. Funds for the Fiscal Year 2010 in the amount of $44,575 are included in the Fiscal Year 2011-2013 Operational Plan for the Public Safety Group Executive Office, San Diego County Fire Authority. If approved, this request will result in current year costs and revenues of $922,934. The funding source is the Federal Homeland Security Urban Area Security Initiative grant passed through the California Emergency Management Agency to the City of San Diego. A waiver of Board Policy B-29 is requested as the grant award covers all Sheriff Department direct costs but does not include costs associated with administrative support. There will be no change in net General Fund cost and no additional staff years.


RECOMMENDATION:CHIEF ADMINISTRATIVE OFFICER6. Authorize the County of San Diego, Sheriff’s Department, to accept an additional

$849,359 of Fiscal Year 2009 UASI funding from the City of San Diego to purchase fixed assets to strengthen interoperable communications.

7. Establish appropriations of $922,934 in the Sheriff’s Department, fixed assets, to purchase equipment to strengthen interoperable communications based on unanticipated revenue from Fiscal Year 2009 UASI and Fiscal Year 2010 UASI. (4 VOTES)

8. Cancel appropriations of $29,000 in fixed assets and related Urban Area Security Initiative grant revenue in the Department of Environmental Health to provide funding for purchase of fixed assets in the Sheriff’s Department.

9. Cancel appropriations of $44,575 in minor equipment and related Urban Area Security Initiative grant revenue in the Public Safety Group Executive Office, San Diego County Fire Authority to provide funding for purchase of fixed assets in the Sheriff’s Department.

10. Waive Board Policy B-29, Fees, Grants, Revenue and Contracts – Department Responsibility for Cost Recovery.

5. Waive Board Policy B-29, Fees, Grants, Revenue and Contracts – Department Responsibility for Cost Recovery.

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11. SUBJECT: MEDICAL EXAMINER - ACCEPTANCE OF 2011 CALIFORNIA COVERDELL PROGRAM GRANT FUNDS (DISTRICTS: ALL)

OVERVIEW:On May 24, 2011 (5), your Board approved the Medical Examiner’s acceptance of funds from the Paul Coverdell Forensic Science Improvement Grant Program (Coverdell grant) through a pass-through grant from the Office of Justice Programs (OJP), National Institute of Justice (NIJ). Your Board also authorized and approved use of the grant funds to procure a Laboratory Information Management System (LIMS) for the Medical Examiner’s toxicology laboratory. Additional Coverdell grant funds have been made available and this is a request to authorize the Medical

Examiner’s Office to accept and appropriate $22,053 in funds for the period October 1, 2011 through August 31, 2012. The funds will be used for enhancements to and maintenance of the LIMS.

FISCAL IMPACT:Funds for this request are not included in the Fiscal Year (FY) 2011-12 Operational Plan for the Medical Examiner’s Office. If approved, this request will result in costs and revenues of $22,053. The funding source is the 2011 Paul Coverdell Forensic Science Improvement Act Program passed through Cal EMA. There will be no change in net General Fund costs and no additional staff years.


RECOMMENDATION:CHIEF ADMINISTRATIVE OFFICER6. Authorize the Medical Examiner to accept grant funds for the 2011 Paul Coverdell

Forensic Science Improvement Act Program totaling $22,053 for the period beginning October 1, 2011 through August 31, 2012.

7. Establish appropriations of $22,053 in the Medical Examiner’s Office for services and supplies based on unanticipated revenue from the 2011 Paul Coverdell Forensic Science Improvement Act Program passed from the Office of Justice Programs (OJP), National Institute of Justice (NIJ) through the California Emergency Management Agency (Cal EMA). (4 VOTES)

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8. Authorize the Medical Examiner to review and execute all required grant and grant-related documents including any annual extensions, amendments, and/or revisions thereof that do not materially impact or alter the services or funding level.



12. SUBJECT: PROBATION DEPARTMENT - ACCEPTANCE OF OFFICE OF TRAFFIC SAFETY GRANT (DISTRICTS: ALL)

OVERVIEW:The California Office of Traffic Safety (OTS)’s California Probation Adult Felony and Repeat Driving Under the Influence (DUI) Offender Program, begun in 2006, provides enhanced supervision of high risk DUI offenders on probation. On February 8, 2011 (3) your Board authorized the Probation Department to apply for OTS funds for one additional Federal Fiscal Year for the period of October 1, 2011 through September 30, 2012.

On October 20, 2011 the Probation Department was notified that the application was approved. This request will authorize the Probation Department to receive $514,000 in OTS grant funds and continue enhanced supervision of adult felony and repeat DUI offenders on probation.

FISCAL IMPACT:Funds for this request are included in the Fiscal Year 2011-13 Operational Plan for the Probation Department. If approved, this request will result in current year cost and revenue of $385,500 and cost and revenue of $128,500 in Fiscal Year 2012-13. The total grant of $514,000 is allocated based on the federal fiscal year beginning October 1, 2011 through September 30, 2012. The funding source is the California Office of Traffic Safety. There will be no change in net General Fund costs and no additional staff years.


RECOMMENDATION:CHIEF ADMINISTRATIVE OFFICER9. Authorize the acceptance of $514,000 in grant funds from the California Office of

Traffic Safety for the period of October 1, 2011 through September 30, 2012.

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10. Authorize the Chief Probation Officer to review and execute all grant documents, including any extensions, amendments and/or revisions that do not materially impact or alter the services or funding level, as necessary for administration of the grant.

11. Waive Board Policy B-29, Fess, Grants, Revenue Contracts - Department Responsibility for Cost Recovery, which requires prior approval of grant applications and full cost recovery for grants.



13. SUBJECT: 2010-2011 LIVE WELL, SAN DIEGO! REPORT (DISTRICTS: ALL)

OVERVIEW:The County of San Diego is guided by a vision of a healthy, safe and thriving community. Last year your Board launched a major health initiative aimed at improving the health and well-being of San Diego County residents. This ambitious and innovative 10-year plan, known as the Health Strategy Agenda: Building Better Health, became the County’s blueprint for improving the quality of life for local citizens. The plan outlines a number of strategies for building a better service delivery system, supporting positive healthy choices, pursuing policy and environmental changes, and improving the culture from within county government. Since your Board adopted the plan on July 13, 2010 (10), County staff has worked to implement the plan throughout the community and within the County workforce.

On October 19, 2010 (1), your Board received a presentation on the status of the Health Strategy Agenda: Building Better Health. Subsequently, an interim status report was provided to your Board in November 2010. On March 15, 2011 (4), your Board received a presentation on the status of the Health Strategy Agenda: Building Better Health, highlighting the County’s achievements over a four-month timeframe. In line with Board direction, County staff then integrated the Healthy Strategy Agenda’s objectives into a comprehensive initiative called Live Well, San Diego!, which, along with building better health, also seeks to foster safe communities and promote thriving families.

Today, your Board is asked to receive a report on the progress made during the first year of the Live Well, San Diego!: Building Better Health initiative.

FISCAL IMPACT:There is no fiscal impact as a result of this action.

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RECOMMENDATION:CHIEF ADMINISTRATIVE OFFICERReceive the 2010-2011 Live Well, San Diego! report.

ACTION:ON MOTION of Supervisor Cox, seconded by Supervisor Slater-Price, the Board received the 2010-2011 Live Well, San Diego! report.


14. SUBJECT: FISCAL YEAR 2011-12 BUSINESS PLAN FOR THE A.B. AND JESSIE POLINSKY CHILDREN’S CENTER (DISTRICTS: ALL)

OVERVIEW:The A.B. and Jessie Polinsky Children’s Center (PCC) is the County of San Diego’s emergency shelter care facility for abused, neglected and abandoned children. The County opened the Center in 1994 after a collaborative fundraising effort with Promises2Kids (formerly known as the Child Abuse Prevention Foundation). On June 22, 2010 (8), the Board approved a Memorandum of Agreement between Promises2Kids and the County of San Diego to set guidelines for the operations of thePolinsky Children's Center. The Memorandum of Agreement requires preparation of an annual Business Plan for approval by the Board of Supervisors. The Fiscal Year 2010-11 Business Plan was approved on October 12, 2010 (4).

Action is now requested to approve the Fiscal Year 2011-12 Business Plan. This action supports the “Live Well, San Diego!” initiative by furthering efforts to protect vulnerable children from abuse and neglect.

FISCAL IMPACT:The Health and Human Services Agency’s Fiscal Year 2011-13 Operational Plan includes $23,911,567 for operating the A.B. and Jessie Polinsky Children’s Center. The funding sources are Federal CWS Funding of $9,236,941, Social Services Realignment 1991 of $4,112,898, Realignment 2011 of $4,727,605, First 5 Commission of $3,140,334, donations of $300,000, and matching funds of $2,393,789 provided from General Purpose Revenue. There will be no change in net general fund cost and no additional staff years as a result of the requested action.


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RECOMMENDATION:CHIEF ADMINISTRATIVE OFFICERApprove the Business Plan for the A.B. and Jessie Polinsky Children's Center for Fiscal Year 2011-12.



15. SUBJECT: REALIGNMENT OF NARCOTIC TREATMENT PROGRAMS (DISTRICTS: ALL)

OVERVIEW:The 2011 California State Budget Act realigned several programs and the revenue to support them to the counties. One of these realigned programs is Drug Medi-Cal (DMC). Prior to this realignment, DMC services were reimbursed through an equal proportion of federal and state funds, with the state share of funding supported through the State General Fund. As a result of this realignment, there are no state funds to continue reimbursements for DMC services, including direct state contracts, and the County share of funding will be based on a portion of State sales tax revenue.

Under a court-ordered permanent injunction against the State of California in the case of Sobky v. Smoley (1994), Medi-Cal reimbursed Narcotic Treatment Programs must be made available to residents throughout the state. The Narcotic Treatment Program (NTP) is an entitlement program, and the County must pay for the services provided at an established rate. Under Realignment 2011, the County of San Diego must accept these funds and determine how the NTPs will be administered.

Within San Diego County, there are nine licensed NTPs providing methadone services to opiate addicts, serving approximately 2,500 individuals. The programs currently operate pursuant to contracts that are directly between the California Department of Alcohol and Drug Programs (ADP) and the individual service provider. As a result of Realignment 2011, ADP informed the counties in writing on September 27, 2011 that a mechanism must be in place to reimburse for services that had previously been under direct contract with the State by December 1, 2011. Due to this unilateral shift in responsibilities, the State no longer has an allocation to perform these functions. The County of San Diego may choose to enter into a contract with the State or another county, or directly contract for the services.

Today’s recommendations authorize the Director of the Health and Human Services Agency to execute an amendment to the revenue contract with ADP, to authorize ADP to contract directly with local providers of specified Drug Medi-Cal services and invoice the County for approved claims. The recommendations also authorize payment of invoices received from ADP pursuant to the revised revenue contract, and authorize

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the Director of the Health and Human Services Agency (HHSA) to assess all potential mechanisms for the provision of Narcotic Treatment Program services within the County, and to return to the Board prior to July 1, 2012, with a recommendation for future years. In addition, appropriations are established to support the narcotic treatment programs.

FISCAL IMPACT:Funds for this request are not included in the Fiscal Year 2011-13 Operational Plan in the Health and Human Services Agency. If approved, this request will result in $3,000,000 in costs and revenue. The funding sources are realigned sales tax revenue and corresponding federal funds. There will be no change in net General Fund cost and no additional staff years.


RECOMMENDATION:CHIEF ADMINISTRATIVE OFFICER12. Approve and authorize the Director, Health and Human Services Agency upon

receipt, to execute an amendment to the combined Negotiated Net Amount and Drug Medi-Cal multi-year revenue contract with the California Department of Alcohol and Drug Programs, to authorize the California Department of Alcohol and Drug Programs to contract directly with local providers of specified Drug Medi-Cal services, narcotic treatment programs licensed to operate in San Diego County; and to invoice the County for approved claims for the provision of these services by the State’s contractors.

13. Authorize payments of invoices received from the California Department of Alcohol and Drug Programs for specified Drug Medi-Cal services received pursuant to the combined Negotiated Net Amount and Drug Medi-Cal multi-year revenue contract, as revised pursuant to the authority in Recommendation 1.

14. Authorize the Director, Health and Human Services Agency, to assess all potential mechanisms for the provision of Narcotic Treatment Program services within the County and to return to the Board prior to July 1, 2012 with a recommendation for future years.

15. Establish appropriations of $3,000,000 in the Health and Human Services Agency, Alcohol and Drug Services, services and supplies, to support the narcotic treatment programs based on unanticipated revenue from realigned sales tax ($1,500,000) and federal funds ($1,500,000). (4 VOTES)



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16. SUBJECT: NOTICED PUBLIC HEARING:PURCHASE OF AN 18.41-ACRE SITE FOR FUTURE CONSTRUCTION OF A NEW FIRE FACILITY IN BOULEVARD (STOCKER TRUST) (DISTRICT: 2)

OVERVIEW:On August 12, 2011, pursuant to County Administrative Code Section 73.2 (1), the Director of General Services approved an Option Agreement for the purchase of an 18.41-acre site in Boulevard, for future construction of a new fire facility. The site is located south of Interstate 8 on Ribbonwood Road in Boulevard. The fair market value of the property is $240,000, as determined by an independent fee appraiser. The existing Boulevard Fire Station is currently operating in substandard and overcrowded space that is shared with the San Diego County Sheriff. The building was previously a County Court facility and has been converted for the existing use. The current building does not have the potential to serve future growth anticipated within the community of Boulevard.

On October 11, 2011 (2), the Board set a hearing for November 8, 2011, to consider exercising the option to purchase the 18.41-acre site, identified as Assessor’s Parcel Number 612-020-47, from the Stocker Family Trust for the appraised value of $240,000. Today your Board is requested to approve the purchase of Assessor’s Parcel Number 612-020-47, from the Stocker Family Trust for the appraised value of $240,000. Other associated costs include $37,450 for appraisal, escrow and title fee for a total cost of $277,450.

FISCAL IMPACT:Funds for the site purchase are not included in the Fiscal Year 2011-12 Operational Plan for the Capital Outlay Fund. If approved, this request will result in current year costs and revenue of $277,450 for Capital Project 1016224 – Boulevard Fire Land Acquisition, which will be used for property acquisition ($240,000), staff and appraisal expenses to complete the transaction ($35,850) and escrow and title fees ($1,600). The funding source is the San Diego County Fire Authority (SDCFA). Costs associated with maintaining the defensible space on the property before construction of the new fire facility are estimated to be less than $2,500 and are included in the Fiscal Year 2011-12 Operational Plan for the SDCFA. There will be no change in net General Fund costs, and no additional staff years.BUSINESS IMPACT STATEMENT:N/A

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RECOMMENDATION:CHIEF ADMINISTRATIVE OFFICER16. Find, on the basis of the whole record, that there is no substantial evidence that the

project will have a significant effect on the environment. Consider the Negative Declaration, on file with the Department of General Services dated October 27, 2011, State Clearinghouse # 2011101005, together with comments received during public review, and adopt it, finding that it reflects the independent judgment and analysis of the Board of Supervisors.

17. Approve the Purchase and Sale Agreement for the purchase of Assessor’s Parcel Number 612-020-47, from the Stocker Family Trust for the appraised value of $240,000 and authorize the Director of the Department of General Services to execute two originals of the Agreement.

18. Transfer appropriations of $277,450 from the San Diego County Fire Authority, services and supplies, to the Contributions to Capital Outlay Fund, Operating Transfer Out, to provide funds for the Boulevard Fire Land Acquisition project.

19. Establish appropriations of $277,450 in Capital Outlay Fund for Capital Project 1016224, Boulevard Fire Land Acquisition, based on an Operating Transfer from the General Fund. (4 VOTES)

20. Authorize the Director of the Department of General Services, or Designee, to execute all escrow and related documents necessary to complete the purchase of Assessor’s Parcel Number 612-020-47.

ACTION:ON MOTION of Supervisor Slater-Price, seconded by Supervisor Jacob, the Board withdrew this item at the request of the Chief Administrative Officer, on Consent.


17. SUBJECT: PUBLIC DEFENDER - NEW LEASE FOR PUBLIC DEFENDER AT 450 B STREET, SAN DIEGO (DISTRICT: 4)

OVERVIEW:In 2009, the Board approved a reorganization of indigent legal defense services into one department, the Department of the Public Defender, which includes the Primary Public Defender, Alternate Public Defender, Multiple Conflicts Office, Office of Assigned Counsel and administrative functions necessary to their operations. On March 23, 2010 (14), the Board approved a lease for the Primary Public Defender on the 9th, 10th and 11th

floors of an office building located at 450 B Street. In order to consolidate all Public Defender operations into the same building, on June 28, 2011 (10), the Board approved a lease for the Alternate Public Defender and the Multiple Conflicts Office on the 12th floor of this same building.

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The Board is now requested to approve a new lease for 7,303 square feet of office space on a portion of the 8th floor of the same building located at 450 B Street, San Diego for the Public Defender’s Office. The new proposed lease has a term of 10 years and 6 months and provides for two additional five-year options to extend the term. The full-service occupancy cost, including parking, is $17,355 per month ($2.38 per square foot) with a 3% increase annually. This rent is within range of recent market-comparable transactions for space of this type in the downtown San Diego market area. Additional office space is required to support program changes resulting from Public Safety Realignment.

FISCAL IMPACT:Funds for this request are partially included in the Fiscal Year 2011-12 Operational Plan in the Department of the Public Defender. If approved, this request will result in a cost of $104,130 for six months of rent, including parking for Fiscal Year 2011-12. The rent increases by 3% per year for each subsequent year of the 10-year lease. The funding sources are the County Local Revenue Fund 2011 and the General Fund. The scheduled rent commencement date for the new lease is January 1, 2012. Although the anticipated increase in caseloads is expected to result in the need for additional staff, no additional staffing will be required as a result of this request.


RECOMMENDATION:CHIEF ADMINISTRATIVE OFFICER21. Find that the project is exempt from the California Environmental Quality Act

(CEQA) pursuant to CEQA Guidelines section 15301 as the project involves leasing space in an existing office building with no expansion of the use.

22. Approve and authorize the Director, Department of General Services, to execute the lease with One San Diego Associates, a California Limited partnership for 7,303 square feet of space located at 450 B Street, San Diego.

23. Authorize the Director, Department of General Services, to exercise the options to extend the lease prior to its expiration and to amend the lease as needed to implement the extension terms.

24. Establish appropriations of $58,060 in the Department of the Public Defender, for services and supplies, to support the implementation of Public Safety Realignment requirements based on unanticipated revenue from the State of California, Local Revenue Fund 2011. (4 VOTES).



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18. SUBJECT: ANIMAL SERVICES - APPROVAL OF LEASE AGREEMENT WITH THE CITY OF SAN DIEGO FOR THE COUNTY ANIMAL SHELTER AT 5480 GAINES STREET, SAN DIEGO (DISTRICT: 4)

OVERVIEW:Since 1971, the County has operated the 38,000–square-foot animal shelter in San Diego on land owned by the City of San Diego, providing animal control services to the City. A lease and an operating agreement covered the contractual obligations between the two agencies. The lease was for $1 over term, and the most recent operating agreement was negotiated by the City of San Diego and County Animal Services in March 2009. The operating agreement was for an initial five-year period and may be extended for additional five-year terms if the parties agree. The Board is requested to approve a new five-year lease with an option to extend the term for one five-year period through 2018, to continue this existing lease arrangement between the County and the City of San Diego.

FISCAL IMPACT:Funds for this request are included in the Fiscal Year 2011-12 Operational Plan in the Community Services Group. If approved, this request will result in costs of $1 in Fiscal Year 2011-12. There will be no change in net General Fund costs and no additional staff years.


RECOMMENDATION:CHIEF ADMINISTRATIVE OFFICER1. Find that the proposed lease is categorically exempt from environmental review

under the California Environmental Quality Act (CEQA), Article 19, Section 15301 as it involves the continued use of an existing facility with no expansion of the use.

2. Authorize the Director, Department of General Services, to execute this Lease with

the City of San Diego for $1 for the term of the lease, approve one five-year extension option beyond the initial five-year term, subject to approval of the Director of Animal Services and City of San Diego, and execute any amendments or documents necessary in the future to administer the five-year lease extension option.



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19. SUBJECT: AUTHORIZE THE USE OF SAN DIEGO GAS & ELECTRIC ON-BILL FINANCING TO FUND ENERGY EFFICIENCY AND DEMAND RESPONSE PROJECTS; ADOPT UPDATED RESOLUTION FOR CALIFORNIA ENERGY COMMISSION ENERGY LOAN PROGRAM (DISTRICTS: ALL)

OVERVIEW:On September 22, 2009 (10), the Board approved the County’s 2009-2012 Strategic Energy Plan and update of Board Policy G-15, Design Standards for County Facilities and Property, both of which allow for substantial efforts to be undertaken for more energy-efficient equipment and materials, improved operational infrastructure and development of alternative energy sources. On May 22, 2001 (32) and September 28, 2004 (4), the Board approved the application and acceptance for up to $10 million from the California Energy Commission to implement energy efficiency measures.

Today’s Board action will authorize the use of San Diego Gas & Electric On-Bill Financing, a zero percent interest loan program, to fund up to $10 million of energy-efficiency and demand-response projects. This Board action will facilitate installation, modifications and upgrades at County-owned facilities with the goal of reducing utility costs. Anticipated projects include lighting retrofits and controls and mechanical system upgrades. Qualifying projects showing the shortest return on investment will be implemented first. This method of accomplishing energy projects will utilize a funding mechanism with no financing costs. The savings generated from each San Diego Gas & Electric meter will be used for the repayment of each loan. Today’s action will also complete an administrative effort to allow the continued participation in the California Energy Commission Energy Loan Program. By adopting an updated resolution containing new California Environmental Quality Act statements, the County has the potential to receive a series of loans for up to $2.4 million. The repayment for each new California Energy Commission loan will come from the utilities expense budget associated with the benefiting department(s). To date, this successful financing method has allowed accomplishment of $7.6 million in various energy related projects, including photovoltaic systems, chilled water plant improvements, laundry heat recovery, and lighting retrofits throughout the County with return on investments ranging from five to six years.

FISCAL IMPACT:Funds for this request are not included in the Fiscal Year 2011-12 Spending Plan for the Facilities Maintenance Internal Service Fund. If approved, this request will result in up to $1,500,000 current year cost and revenue, and estimated succeeding years cost and revenue of $3,000,000 in Fiscal Year 2012-13, $4,000,000 in Fiscal Year 2013-14, and $1,500,000 in Fiscal Year 2014-15. The funding source is San Diego Gas & Electric (SDG&E) On-Bill Financing Program (OBF) loans ($10 million). In addition, up to $2,400,000 will be budgeted beginning in Fiscal Year 2012-13 for California Energy

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Commission (CEC) projects. Repayment of OBF and CEC loans will come from the utilities expense budget associated with the benefiting department(s). These programs will have no impact on the County’s credit ratings and the related outstanding long-term financial obligation portfolio that is secured by the General Fund.

BUSINESS IMPACT STATEMENT:Expenditures for energy projects will create private sector jobs and economic opportunities in San Diego County.

RECOMMENDATION:CHIEF ADMINISTRATIVE OFFICER1. Find in accordance with Section 15301 of the CEQA Guidelines that the projects

funded by the San Diego Gas & Electric (SDG&E) On-Bill Financing and the California Energy Commission (CEC) Energy Loan Program are categorically exempt from California Environmental Quality Act (CEQA) because these projects involve minor alterations of existing structures, facilities or mechanical equipment and negligible or no expansion of the use of the existing facilities.

2. Authorize the Director, Department of General Services, to apply for and accept up

to $10 million in SDG&E, zero percent interest On-Bill Financing loans for the purpose of funding energy-efficiency and demand-response projects at County facilities.

3. Adopt a Resolution entitled RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF SAN DIEGO AUTHORIZING THE USE OF CALIFORNIA ENERGY COMMISSION ENERGY LOANS FOR ENERGY PROJECTS.

4. Authorize the Director, Department of General Services, to administer SDG&E On-Bill Financing and CEC Energy Loan programs and associated energy projects funded by these loans following approval of the loan documents by the County’s Debt Advisory Committee.

5. Amend the Fiscal Year 2011-12 Facilities Management Internal Services Fund Spending Plan by $1,500,000 to provide funds for an Operating Transfer Out to the Major Maintenance Internal Service Fund for energy related projects based on unanticipated revenue from the SDG&E On-Bill Financing Program. (4 VOTES)

6. Amend the Fiscal Year 2011-12 Major Maintenance Internal Service Fund Spending Plan by canceling $1,500,000 in services and supplies and related Charges for Services in the General Fund.

7. Amend the Fiscal Year 2011-12 Major Maintenance Internal Service Fund Spending Plan by $1,500,000 to provide funds for energy related projects based on an Operating Transfer from Facilities Management Internal Service Fund. (4 VOTES)

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ACTION:ON MOTION of Supervisor Slater-Price, seconded by Supervisor Jacob, the Board took action as recommended, on Consent, adopting Resolution No. 11-157, entitled: RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF SAN DIEGO AUTHORIZING THE USE OF CALIFORNIA ENERGY COMMISSION ENERGY LOANS FOR ENERGY PROJECTS.


20. SUBJECT: HOUSING & COMMUNITY DEVELOPMENT – AUTHORIZE SUBMITTAL OF CALHOME FIRST-TIME HOMEBUYERS GRANT APPLICATION AND ACCEPTANCE OF THE GRANT FUNDS (DISTRICTS: ALL)

OVERVIEW:The California Department of Housing and Community Development has issued a Notice of Funding Availability (NOFA) for approximately $53 million. Funding awarded through this NOFA will provide for homeownership assistance program activities under the CalHome program.

The Board of Supervisors is requested to adopt a Resolution authorizing the submission of a County grant application for the maximum eligible grant of $1,500,000 to the California Department of Housing and Community Development to fund first-time homebuyer assistance activity under the CalHome program.

If approved, up to $1,500,000 in State grant funds will be used to leverage the federal HOME Investment Partnerships program funds already provided by the U.S. Department of Housing and Urban Development to the County for its Down Payment and Closing Costs Assistance Program. The State’s grant funds will be used by the County to provide additional funding to first-time homebuyers for down payment and closing costs assistance in the form of deferred repayment loans.

FISCAL IMPACT:Funds for this request are not included in the Fiscal Year 2011-12 Operational Plan in the Department of Housing and Community Development. If approved, this request may result in up to $1,500,000 cost and revenue in Fiscal Year 2011-12. The funding source is unanticipated grant revenue from California Department of Housing and Community Development CalHome program. There will be no change in net General Fund cost and no additional staff years.

BUSINESS IMPACT STATEMENT:Based on experience with this program, it is anticipated that an additional CalHome grant of $1,500,000, as implemented through the Down Payment and Closing Costs Assistance program, will generate approximately 41 additional real estate sales in San Diego County over the 36-month period following the award.

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RECOMMENDATION:CHIEF ADMINISTRATIVE OFFICER1. Authorize the Director of the Department of Housing and Community Development

to submit a grant application to the California Department of Housing and Community Development for $1,500,000 under the CalHome program.

2. Adopt the Resolution entitled,

A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF SAN DIEGO AUTHORIZING SUBMITTAL OF AN APPLICATION TO THE CALIFORNIA DEPARMENT OF HOUSING AND COMMUNITY DEVELOPMENT FOR FUNDING UNDER THE CALHOME PROGRAM.

3. Authorize the Director of the Department of Housing and Community Development, in consultation with County Counsel, to execute the State’s Standard Agreement for acceptance of the grant funds, any amendments thereto, and any related documents necessary for the County’s continued participation in the CalHome program.

4. Establish appropriations in the amount of $1,500,000 in the Housing and Community Development Department for the continued operation of the CalHome Down Payment and Closing Costs Assistance Program, contingent upon award of the State of California CalHome grant. (4 VOTES

7. )

ACTION:ON MOTION of Supervisor Slater-Price, seconded by Supervisor Jacob, the Board took action as recommended, on Consent, adopting Resolution No. 11-158, entitled: A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF SAN DIEGO AUTHORIZING SUBMITTAL OF AN APPLICATION TO THE CALIFORNIA DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT FOR FUNDING UNDER THE CALHOME PROGRAM.


21. SUBJECT: LEAVE NO VETERAN BEHIND (DISTRICTS: ALL)

OVERVIEW:California is home to nearly two million veterans who have served honorably and made great sacrifices to defend our freedoms and protect us from foreign threats. Most veterans live productive, healthy lives and contribute to the region’s quality of life through substantial civic involvement and volunteerism. However, some veterans face a variety of issues and challenges after they leave service, ranging from unemployment to mental illness, substance abuse and homelessness.

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The County of San Diego, through its Health and Human Services Agency and its Veterans Services Office, provides benefit information and assistance, plus other support, to veterans and their families. Nevertheless, there is always an opportunity to do more or find new ways of offering help so that we leave no veteran behind.

Public-private partnerships already exist to help veterans and may provide opportunities for the County’s involvement and/or support. For example, the Carlsbad Chamber of Commerce’s military mentoring program pairs active military service men and women about to enter civilian life with corporations and businesses to job shadow employees and executives. In addition, the REBOOT program based at the former Naval Training Center at Liberty Station offers workshops providing veterans transforming into civilian life with the skills and information needed to successfully compete in a modern, fast-changing business world.

Our Board of Supervisors remains committed to helping our veterans who have risked their lives for our country. Today’s board conference and actions will reinforce the County’s commitment to supporting and helping our veterans.

FISCAL IMPACT:There is no impact to the County General Fund.


RECOMMENDATION:CHAIRMAN HORN AND SUPERVISOR COX1. Direct the Chief Administrative Officer to report back to the Board of Supervisors

within 120 days with community input identifying needs and resources for veterans.

2. Direct the Chief Administrative Officer to report back to the Board within 120 days with recommendations for actions to further support veterans.

ACTION:ON MOTION of Supervisor Horn, seconded by Supervisor Cox, the Board took action as recommended.


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22. SUBJECT: NOTICED PUBLIC HEARING:PROPOSED ORDINANCE TO AMEND SECTION 86.1 AND TO ADD SECTION 86.2 OF THE SAN DIEGO COUNTY ADMINISTRATIVE CODE TO INCREASE ASSESSOR/ RECORDER/COUNTY CLERK FEES AND ADOPT A NEW FEE (DISTRICTS: ALL)

OVERVIEW:The Assessor/Recorder/County Clerk (ARCC) has reviewed certain fees to determine whether the full cost of services being provided are being recovered as required under Board Policy B-29 “Fees, Grants, Revenue Contracts – Department Responsibility for Cost Recovery” and as authorized under various State statutes. Submitted for your Board’s consideration is adoption of a proposed ordinance authorizing the ARCC to increase certain fees in addition to the establishment of a new fee.

FISCAL IMPACT:If approved, this request will result in additional revenues in the Assessor/Recorder/County Clerk’s Office to align the cost of providing certain services. If approved, this recommendation will result in no additional costs and over-realized revenue of approximately $800,000 for Fiscal Year 2011-2012. The increase in program revenue will be reflected in the Fiscal Year 2012-13 Operational Plan. No additional staff years are required.

BUSINESS IMPACT STATEMENT:The proposed new fees are considered too small to have a measurable impact on the local community.

RECOMMENDATION:ASSESSOR/RECORDER/COUNTY CLERKOn November 8, 2011 (First Reading):Approve the introduction of the following ordinance (first reading); read title and waive further reading of this ordinance:

AN ORDINANCE AMENDING SECTION 86.1 OF THE SAN DIEGO COUNTYADMINISTRATIVE CODE RELATING TO THE FEE FOR FILING A FICTITIOUS BUSINESS NAME (FBN), A WITHDRAWAL OF PARTNERSHIP, A STATEMENT OF ABANDONMENT AND AN FBN ADDITIONAL NAME OR PARTNER; AND, ADDING SECTION 86.2 TO THE SAN DIEGO COUNTY ADMINISTRATIVE CODE RELATING TO FEES FOR MISCELLANEOUS COUNTY CLERK SERVICES.

If on November 8, 2011, the Board takes the action recommended above, then on December 6, 2011 (Second reading):

1. Submit Ordinance for further Board consideration and adoption (second reading).

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2. Waive Board Policy B-29, “Fees, Grants, Revenue Contracts – Department Responsibility for Cost Recovery” for the confidential and non-confidential marriage licenses.

ACTION:ON MOTION of Supervisor Slater-Price, seconded by Supervisor Jacob, the Board took action as recommended, on Consent, introducing Ordinance for further Board consideration and adoption on December 6, 2011.


23. SUBJECT: DISPOSITION OF SURPLUS ASSESSMENT DISTRICT FUNDS (DISTRICTS: ALL)

OVERVIEW:As an “Authorized Officer” for the Reassessment District No. 97-1 (4-S Ranch) Limited Obligation Improvement Bonds (Bonds), the Treasurer-Tax Collector of the County of San Diego currently oversees the administration of the Bonds. The Bonds were originally issued to finance improvements in the 4-S Ranch area (District), approximately 1 ½ miles west of the community of Rancho Bernardo in the unincorporated area of San Diego County.

The Bonds were originally scheduled to mature on September 2, 2012, however, there were sufficient funds available to make the scheduled debt service payment and call all outstanding Bonds on September 2, 2011. After these payments, surplus funds remain and represent payments from property owners in the District and interest earnings on such funds.

This item requests that the Board authorize the refund $587,172.84 of surplus reserve funds to property owners of the District and transfer $2,998.93 of surplus redemption funds to the General Fund.

FISCAL IMPACT:If approved, this request will result in $2,998.93 of unanticipated revenue to the General Fund. In addition, a total of $587,172.84 plus any accrued interest will be refunded to Reassessment District property owners in the 4-S Ranch area.


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RECOMMENDATION:TREASURER-TAX COLLECTOR1. Adopt a Resolution entitled:

RESOLUTION DECLARING THE RESERVE AND REDEMPTION FUNDS AS SURPLUS, ORDERING THE DISPOSITION OF SURPLUS AMOUNTS, APPROVING THE DISTRICT CLOSEOUT ANALYSIS AND FINDINGS REPORT PREPARED BY NBS, AND ACCEPTING THE NOTICE OF COMPLETION OF PUBLIC IMPROVEMENTS FOR REASSESSMENT DISTRICT NO. 97-1 (4-S RANCH).

2. Direct respective Departments to (1) use surplus Reserve Funds to process and issue refund checks to each corresponding property owners, (2) transfer any remaining balance in the Redemption Fund following the bond call to the General Fund in accordance with Section 8784 of the Code.

ACTION:ON MOTION of Supervisor Slater-Price, seconded by Supervisor Jacob, the Board withdrew this item at the request of the Chief Administrative Officer, on Consent.


24. SUBJECT: SUNSET REVIEW OF BOARD OF SUPERVISORS POLICIES, COUNTY ADMINISTRATIVE CODE ARTICLES AND REGULATORY CODE TITLES ASSIGNED TO THE FINANCE AND GENERAL GOVERNMENT GROUP, AND THE RECORDS MANAGEMENT AND DESTRUCTION RESOLUTION (DISTRICTS: ALL)

OVERVIEW:In accordance with Board of Supervisors Policy A-76, Sunset Review Process, the Finance and General Government Group periodically reviews certain Board policies and provisions of the County Administrative Code and Regulatory Code to ensure that obsolete policies and Administrative and Regulatory Code provisions are deleted and remaining policies reflect current Board standards and practices. Today’s action will also update the records management resolution. The actions requested in Recommendations 7 through 11 require two steps, approval of the first reading of the Ordinances on November 8, 2011 and adoption of the Ordinances on December 6, 2011.

FISCAL IMPACT:The requested actions will have no current year or annual cost and will not require any additional staff years.


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RECOMMENDATION:CHIEF ADMINISTRATIVE OFFICER1. Determine no change is necessary and approve the sunset review date of

December 31, 2018 for the following Board of Supervisors Policies:

A-26 Responsibilities and Duties of the Chairperson and Vice Chairperson of the San Diego County Board of Supervisors

A-54 Public Access to County Records

A-73 Openness in County Government

A-80 Publication of Ordinance Summaries and Display Advertisements

A-93 Board Policy on Matters Subject to Meet and Confer

A-130 County of San Diego Volunteer Policy

B-3 Recovery of Payments Made in Error

B-26 Non-Acceptance of Surety Bonds

B-38 Tuition Refund Program

B-44 Audit Follow-up

M-16 Legislative Policy: Employee Relations

M-21 Legislative Policy: Workers Compensation and Unemployment Insurance

2. Determine no change is necessary and approve the sunset review date of December 31, 2018 for the following articles of the County Administrative Code:

Article IV San Diego County Commission on the Status of Women

Article XXXIII County Hearing Officer

Article L The Treasurer-Tax Collector Eligibility & Educational Requirements

Article XVII-B The San Diego County Human Relations Commission

3. Approve amendments to and the sunset review date of December 31, 2012 for the

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following Board of Supervisors Policy:

B-29 Fees, Grants, Revenue Contracts- Department Responsibility for Cost Recovery

4. Approve amendments to and the sunset review date of December 31, 2017 for the following Board of Supervisors Policy:

C-25 County of San Diego Drug and Alcohol Use Policy

5. Approve amendments to and the sunset review date of December 31, 2018 for the following Board of Supervisors Policies:

M-20 Legislative Policy: Community Clinics

M-26 Legislative Policy: Governance and Financing of Local Agencies

6. Approve the deletion of the following Board of Supervisors Policy:

C-24 Alternate Scheduling of Employees Work Hours

7. Approve the introduction of the Ordinance (First Reading), read title and waive further reading of the Ordinance entitled:

AN ORDINANCE AMENDING COUNTY OF SAN DIEGO ADMINISTRATIVE CODE ARTICLE V RELATING TO AUDITOR AND CONTROLLER.


AN ORDINANCE AMENDING COUNTY OF SAN DIEGO ADMINISTRATIVE CODE ARTICLE VII RELATING TO BUDGET PROCEDURE & APPROPRIATION, REVENUE AND STAFFING LIMITATION.


AN ORDINANCE AMENDING COUNTY OF SAN DIEGO ADMINISTRATIVE CODE ARTICLE XII-D RELATING TO DEPARTMENT OF HUMAN RESOURCES.

10. Approve the introduction of the Ordinance (First Reading), read title and waive

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further reading of the Ordinance entitled:

AN ORDINANCE AMENDING COUNTY OF SAN DIEGO REGULATORY CODE TITLE 2 DIVISION 2 CHAPTER 3 RELATING TO REAL PROPERTY TRANSFER TAX.


AN ORDINANCE AMENDING COUNTY OF SAN DIEGO ADMINISTRATIVE CODE ARTICLE III SECTION 76 RELATING TO GENERAL RULES- ACCEPTANCE OF NEGOTIABLE PAPER AND CREDIT CARDS.

12. Adopt the Resolution entitled:

A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF SAN DIEGO RELATING TO RECORDS MANAGEMENT AND DESTRUCTION.

If the Board takes the action requested in Recommendations 7-11, then on December 6, 2011 (Second Reading):

1. Submit the Ordinances listed in Recommendations 7-10 for further Board consideration and adoption (Second Reading) and approve the sunset review date of December 31, 2018 for these Ordinances.

2. Submit the Ordinance listed in Recommendation 11 for further Board consideration and adoption (Second Reading) and approve the sunset review date of December 31, 2013 for this Ordinance.

ACTION:ON MOTION of Supervisor Slater-Price, seconded by Supervisor Jacob, the Board took action as recommended, on Consent, adopting Resolution No. 11-159, entitled: A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF SAN DIEGO RELATING TO RECORDS MANAGEMENT AND DESTRUCTION; and introducing Ordinances for further Board consideration and adoption on December 6, 2011.


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25. SUBJECT: SECOND CONSIDERATION AND ADOPTION OF ORDINANCE: AMENDMENTS TO THE COMPENSATION ORDINANCE RELATING TO A TENTATIVE AGREEMENT FOR ONE EMPLOYEE BARGAINING UNIT (CR), REPRESENTED BY THE ASSOCIATION OF SAN DIEGO COUNTY EMPLOYEES (DISTRICTS: ALL)

OVERVIEW:On October 25, 2011 (15), the Board of Supervisors introduced Ordinance for further consideration and adoption on November 8, 2011.

This action 1) presents Compensation Ordinance amendments for the first reading of negotiated provisions of a Memoranda of Agreement between the County and The Association of San Diego County Employees; 2) provides for a one-time monetary payment equivalent to 1.5% of base pay for all eligible regular employees covered by this agreement; 3) increases employees’ flex credits in 2012 and 2013; and 4) reduces the County’s portion of the employee paid retirement offset in 2012.

The tentative agreement for a two-year period that has been reached with the employee bargaining unit represented by The Association of San Diego County Employees is pending ratification. If ratified, it will be presented to your Board of Supervisors for consideration and approval on October 25, 2011.

FISCAL IMPACT:Funds associated with today’s recommendations are not included in the Fiscal Year 2011-13 Adopted Operational Plan. If approved, staff will include budget adjustments in the First Quarter Operational Plan Status Report.

In Fiscal Year 2011-2012, the 1.5% one-time monetary payment is estimated to result in one-time costs of $0.3 million, flex credits are estimated to increase by $0.03 million and the County’s portion of the employee paid retirement offsets are estimated to decrease by $0.07 million. In Fiscal Year 2012-2013, flex credits are estimated to increase by an additional $.07 million and the County’s portion of the employee paid retirement offsets are estimated to decrease further by $0.36 million for a total ongoing decrease to the County’s portion of the employee paid retirement offsets by $0.43 million. In Fiscal Year 2013-14, flex credits are estimated to increase by an additional $.04 million for a total ongoing increase of $0.14 million. The funding source is a combination of General Purpose Revenue and various program revenues.


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RECOMMENDATION:CHIEF ADMINISTRATIVE OFFICER1. Adopt Ordinance entitled:

AMENDMENTS TO THE COMPENSATION ORDINANCE RELATING TO A TENTATIVE AGREEMENT FOR ONE EMPLOYEE BARGAINING UNIT (CR), REPRESENTED BY THE ASSOCIATION OF SAN DIEGO COUNTY EMPLOYEES.

2. Consider and approve the two-year Memoranda of Agreement between the County and The Association of San Diego County Employees.

ACTION:ON MOTION of Supervisor Slater-Price, seconded by Supervisor Jacob, the Board took action as recommended, on Consent, adopting Ordinance No. 10181 (N.S.), entitled: AMENDMENTS TO THE COMPENSATION ORDINANCE RELATING TO A TENTATIVE AGREEMENT FOR ONE EMPLOYEE BARGAINING UNIT (CR) REPRESENTED BY THE ASSOCIATION OF SAN DIEGO COUNTY EMPLOYEES.


26. 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


RECOMMENDATION:CHIEF ADMINISTRATIVE OFFICERNote and File.



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27. 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 Board 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


RECOMMENDATION:CHAIRMAN HORNWaive Board Policy A-74, "Citizen Participation in County Boards, Commissions and Committees," and re-appoint Thomas J. Rappolt to the AIR POLLUTION CONTROL DISTRICT HEARING BOARD (APCDHB), Seat No. 9, for a term beginning on January 6, 2012 and expiring on January 5, 2015.

Appoint Leah T. Kapp to the HIDDEN MEADOWS COMMUNITY SPONSOR GROUP, Seat No. 3, for a term to expire January 7, 2013.

Appoint Carl Wayne Dauber to the HIDDEN MEADOWS COMMUNITY SPONSOR GROUP, Seat No. 5, for a term to expire January 7, 2013.

Appoint Ron Barbanell to the PALA-PAUMA VALLEY COMMUNITY SPONSOR GROUP, Seat No. 2, for a term to expire January 5, 2015.

Appoint Gary T. Drake to the RAINBOW COMMUNITY PLANNING GROUP, Seat No. 9, for a term to expire January 7, 2013.

VICE CHAIRMAN ROBERTSAppoint Tom Behr to the MENTAL HEALTH BOARD, Seat No. 11, for a term beginning December 31, 2011 and expiring on December 31, 2014.

SUPERVISOR JACOBAppoint James P. Miller, Jr. to the COUNTY HEARING OFFICERS, Seat No. 3, for a term to expire January 7, 2013.

Appoint Milton Cyphert to the LAKESIDE COMMUNITY PLANNING GROUP, Seat No. 10, for a term to expire January 5, 2015.

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Waive Board Policy A-74, "Citizen Participation in County Boards, Commissions and Committees," and re-appoint Chad Enniss to the LAKESIDE DESIGN REVIEW BOARD, Seat No. 1, for a term to expire November 3, 2013.

Waive Board Policy A-74, "Citizen Participation in County Boards, Commissions and Committees," and re-appoint Robin G. Clegg to the LAKESIDE DESIGN REVIEW BOARD, Seat No. 2, for a term to expire November 3, 2013.

Re-appoint Frank I Hilliker to the LAKESIDE DESIGN REVIEW BOARD, Seat No. 4, for a term to expire November 3, 2013.

CHIEF ADMINISTRATIVE OFFICERAppoint Awichu Akwanya to the COMMUNITY ACTION PARTNERSHIP ADMINISTERING BOARD, Seat No. 12, for a term to expire June 30, 2014.

Re-appoint Jasmin Kirkland to the COMMUNITY ACTION PARTNERSHIP ADMINISTERING BOARD, Seat No. 15, for a term to expire June 30, 2014.

Appoint Ann Durham RN, FNP, Esq to the COMMUNITY ACTION PARTNERSHIP ADMINISTERING BOARD, Seat No. 6, for a term to expire June 30, 2014.

Re-appoint Nelson Leone to the COMMUNITY ACTION PARTNERSHIP ADMINISTERING BOARD, Seat No. 7, for a term to expire June 30, 2014.

Re-appoint Sonia Ruiz to the COMMUNITY ACTION PARTNERSHIP ADMINISTERING BOARD, Seat No. 8, for a term to expire June 30, 2014.



28. SUBJECT: COMMUNITY ENHANCEMENT PROGRAM (DISTRICT: 1)

OVERVIEW:The County of San Diego is fortunate to have an opportunity to reinvest taxpayer money into our communities for the benefit of the public. This action will assist the County in meeting the needs of the community.

FISCAL IMPACT:There is no fiscal impact associated with these recommendations. These actions will result in the addition of no staff years and no future costs


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RECOMMENDATION:SUPERVISOR COX1. Rescind the June 28, 2011(1) allocation of $4,800 from the Community

Enhancement budget (Org 12900) to Teatro Mascara Magica so the funds can be reallocated to other projects.

2. Allocate $4,800 from the Community Enhancement Program (Org 12900) to the Asian Story Theater to assist with costs for venue rental, printing, costumes, performers and props for the 21st Annual Production of La Pastorela.

3. 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.

4. Find that the grant awards described above have a public purpose.



29. SUBJECT: CLOSED SESSION (DISTRICTS: ALL)

OVERVIEW:A. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION

(Subdivision (a) of Government Code section 54956.9Felipe Garcia v. James Grimm, et al.; United States District Court, Southern District, No. 06-CV-0225 WQH (PCL)

B. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATIONInitiation of litigation pursuant to subdivision (c) of Government Code section 54956.9: (Number of Cases – 1)

C. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION(Subdivision (a) of Government Code section 54956.9County of San Diego v. San Diego Gas & Electric and Cox Communications; San Diego County Superior Court Nos. 2008-00093084-CPU-PO-CTL and 2008-00093085-CPU-PO-CTL

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)

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E. CONFERENCE WITH LABOR NEGOTIATORS(Government Code section 54957.6)Designated Representatives: Don Turko, Susan Brazeau, Nick MacchioneEmployee Organizations: All

F. PUBLIC EMPLOYEE PERFORMANCE EVALUATION:(Government Code section 54957)Title: Chief Administrative Officer

ACTION:Any reportable matters will be announced on Wednesday, November 9, 2011, prior to the start of the Board of Supervisors Planning and Land Use meeting.

30. SUBJECT: PRESENTATIONS/AWARDS (DISTRICTS: ALL)

OVERVIEW:Chairman Bill Horn presented a proclamation declaring November 8, 2011, Deputy District Attorney Robert Hickey Day throughout the County of San Diego.

Chairman Bill Horn presented a proclamation declaring November 8, 2011, Deputy District Attorney Brock Arstill Day throughout the County of San Diego.

Chairman Bill Horn presented a proclamation declaring November 8, 2011, Deputy District Attorney Kathryn Gayle Day throughout the County of San Diego.

Chairman Bill Horn presented a proclamation declaring November 8, 2011, Deputy District Attorney Christine Israel Day throughout the County of San Diego.

Chairman Bill Horn presented a proclamation declaring November 8, 2011, Deputy District Attorney Roy Lai Day throughout the County of San Diego.

Vice Chairman Ron Roberts presented a proclamation declaring November 8, 2011, Alan Gin Day throughout the County of San Diego.

Supervisor Greg Cox presented a proclamation declaring November 8, 2011, Mark Alcorn, San Diego County Teachers of the Year, Day throughout the County of San Diego.

Supervisor Greg Cox presented a proclamation declaring November 8, 2011, Yolanda Sherard, San Diego County Teachers of the Year Day throughout the County of San Diego.

Supervisor Dianne Jacob presented a proclamation declaring November 8, 2011, Menghini Winery’s 30th Anniversary Day throughout the County of San Diego.

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Supervisor Pam Slater-Price presented a proclamation declaring November 2011, Literacy Month throughout the County of San Diego.

Chairman Bill Horn presented a proclamations declaring November 8, 2011, Major General Anthony L. Jackson Day throughout the County of San Diego.

Supervisor Greg Cox presented a proclamation declaring November 8, 2011, Rear Admiral William French Day throughout the County of San Diego.

31. SUBJECT: PUBLIC COMMUNICATION (DISTRICTS: ALL)

OVERVIEW:Ernest Verano spoke to the Board regarding mistreatment of prisoners.

John Van Doorn spoke to the Board regarding child abuse and CWS.

ACTION:Heard, referred to the Chief Administrative Officer.

There being no further business, the Board adjourned at 4:50 p.m.

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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