COUNTY OF SAN DIEGO BOARD OF SUPERVISORS



STATEMENT OF PROCEEDINGS

COUNTY OF SAN DIEGO BOARD OF SUPERVISORS

REGULAR MEETING

TUESDAY, NOVEMBER 03, 2009

Board Of Supervisors North Chamber

1600 Pacific Highway, Room 310, San Diego, California

MORNING SESSION: - Meeting was called to order at 9:08 a.m.

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

Invocation by Reverend Randa D’Aoust from La Mesa First United Methodist Church.

Pledge of Allegiance to the Flag led by Marissa McRoberts a first grader at St. Martin of Tours Academy in La Mesa.

Approval of Statement of Proceedings/Minutes for Meetings of October 13, 2009 and October 20, 2009.

ACTION:

ON MOTION of Supervisor Horn, seconded by Supervisor Cox, the Board of Supervisors approved the Statement of Proceedings/Minutes for the meetings of October 13, 2009 and October 20, 2009.

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

Public Communication [No Speakers]

|Time |Item |Subject |

| | | |

|10:00 A.M. |10. |NOTICED PUBLIC HEARING: |

| | |IN-HOME SUPPORTIVE SERVICES REFORM AND APPROVAL OF A PROGRAM |

| | |INTEGRITY PROPOSAL |

| | | |

| | |(TIME CERTAIN: 10:00 A.M.) |

|Community Services |1. |APPROVAL OF AMENDMENTS TO DOCUMENTS RELATED TO THE TRANSFER OF COUNTY-OWNED |

| | |COURT FACILITIES TO THE STATE OF CALIFORNIA, JUDICIAL COUNCIL, PURSUANT TO |

| | |TRIAL COURT FACILITIES ACT OF 2002 (SB 1732) |

|Public Safety |2. |SHERIFF – APPROVAL TO SUBMIT A GRANT APPLICATION FOR THE CALIFORNIA EMERGENCY |

| | |MANAGEMENT AGENCY FISCAL YEAR 2009-2010 MARIJUANA SUPPRESSION PROGRAM |

| |3. |SHERIFF – ACCEPTANCE OF 2009 OPERATION STONEGARDEN SUPPLEMENTAL GRANT AWARD |

| | |[FUNDING SOURCE(S): UNANTICIPATED GRANT REVENUE FROM THE FEDERAL DEPARTMENT OF|

| | |HOMELAND SECURITY, PASSED THROUGH THE CALIFORNIA EMERGENCY MANAGEMENT AGENCY |

| | |(CALEMA), OPERATION STONEGARDEN SUPPLEMENTAL GRANT] |

| | |(4 VOTES) |

| |4. |SHERIFF - REPORT OF INMATE WELFARE FUND EXPENDITURES FOR FISCAL YEAR 2008-09 |

| |5. |SHERIFF – ACCEPTANCE OF DONATIONS FROM THE HONORARY DEPUTY SHERIFFS’ |

| | |ASSOCIATION AND THE DEPUTY SHERIFFS’ ASSOCIATION |

| | |[FUNDING SOURCE(S): DONATIONS FROM THE HONORARY DEPUTY SHERIFFS’ ASSOCIATION |

| | |AND THE DEPUTY SHERIFFS’ ASSOCIATION] |

| | |(4 VOTES) |

| |6. |SHERIFF – ACCEPTANCE OF 2009 TECHNOLOGY GRANT AWARD FROM THE U.S. DEPARTMENT |

| | |OF JUSTICE, OFFICE OF COMMUNITY ORIENTED POLICING SERVICES (COPS) |

| | |[FUNDING SOURCE(S): UNANTICIPATED GRANT REVENUE FROM THE USDOJ, COPS FOR THE |

| | |PROJECT PERIOD MARCH 11, 2009 THROUGH MARCH 10, 2012] |

| | |(4 VOTES) |

| |7. |SHERIFF – RATIFICATION OF GRANT APPLICATION AND ACCEPTANCE OF GRANT AWARD FOR |

| | |THE FISCAL YEAR 2009 LAW ENFORCEMENT TASK FORCES FOR HUMAN TRAFFICKING VICTIMS|

| | |CONTINUATION GRANT PROGRAM FROM THE U. S. DEPARTMENT OF JUSTICE OFFICE OF |

| | |JUSTICE PROGRAMS |

| | |[FUNDING SOURCE(S): UNANTICIPATED GRANT REVENUE FROM THE USDOJ OJP] |

| | |(4 VOTES) |

| |8. |SHERIFF – ACCEPTANCE OF GRANT AWARDS FOR THE CLICK IT OR TICKET AND SOBRIETY |

| | |CHECK POINT MINI-GRANT PROGRAMS FROM THE U. C. BERKELEY – TRAFFIC SAFETY |

| | |CENTER |

| | |[FUNDING SOURCE(S): UNANTICIPATED GRANT REVENUE FROM UCB – TRAFFIC SAFETY |

| | |CENTER] |

| | |(4 VOTES) |

| |9. |SHERIFF – APPROPRIATION OF AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009 |

| | |EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT (JAG) FUNDS FROM THE U. S. |

| | |DEPARTMENT OF JUSTICE OFFICE OF JUSTICE PROGRAMS AWARDED TO THE CITY OF SAN |

| | |DIEGO AND PASSED THROUGH THE CITY OF LEMON GROVE |

| | |[FUNDING SOURCE(S): UNANTICIPATED RECOVERY ACT GRANT REVENUE FROM THE USDOJ |

| | |OJP AWARDED TO THE CITY OF SAN DIEGO AND PASSED THROUGH THE CITY OF LEMON |

| | |GROVE FOR THE PROJECT PERIOD DECEMBER 1, 2009 THROUGH NOVEMBER 30, 2010] |

| | |(4 VOTES) |

|Health and Human Services |10. |NOTICED PUBLIC HEARING: |

| | |IN-HOME SUPPORTIVE SERVICES REFORM AND APPROVAL OF A PROGRAM INTEGRITY |

| | |PROPOSAL |

| | |[FUNDING SOURCE(S): FRAUD PREVENTION (RECOMMENDATION 4) - FEDERAL AND STATE |

| | |IHSS ADMINISTRATIVE REVENUE; CURRENT AND NEW PROVIDER PROGRAM (RECOMMENDATIONS|

| | |6-9) - FEDERAL AND STATE IHSS ADMINISTRATIVE REVENUE] |

| | | |

| | |(RELATES TO IHSS AGENDA NO. 1) |

| | | |

| | |(TIME CERTAIN: 10:00 A.M.) |

| |11. |REVISION TO COUNTY SERVICE AREA 69 ADVISORY COMMITTEE BYLAWS |

|Community Services |12. |PUBLIC DEFENDER - NEW LEASE AGREEMENT FOR SOUTH BAY OFFICE AT 765 THIRD |

| | |AVENUE, CHULA VISTA |

| | |[FUNDING SOURCE(S): GENERAL FUND] |

| |13. |AUTHORIZE ISSUANCE OF DESIGN-BUILD REQUEST FOR PROPOSAL AND APPROPRIATE |

| | |FUNDING FOR San Pasqual Academy housing Reconstruction |

| | |[FUNDING SOURCE(S): SAN PASQUAL ACADEMY RESIDENCES - INSURANCE REIMBURSEMENT |

| | |FROM CSAC – EXCESS INSURANCE AUTHORITY; SAN PASQUAL (SPA) ADMINISTRATION |

| | |BUILDING - |

| | |TRANSFERS FROM CAPITAL PROJECT 1012286 – SAN PASQUAL ACADEMY RESIDENCES AND |

| | |THE GENERAL FUND] |

|Financial and General Government |14. |ADVOCATE FOR FEDERAL ACTION TO MITIGATE ENVIRONMENTAL IMPACTS IN THE TIJUANA |

| | |RIVER VALLEY PARK |

| |15. |NOTICED PUBLIC HEARING: |

| | |ISSUANCE OF OBLIGATIONS BY THE CALIFORNIA ENTERPRISE DEVELOPMENT AUTHORITY FOR|

| | |SAN DIEGO CHRISTIAN FOUNDATION, INC. IN AN AGGREGATE AMOUNT NOT TO EXCEED |

| | |$6,000,000 |

| |16. |Resolution Regarding Vista Detention Facility/Court Transfer |

| |17. |EMPLOYEE BENEFIT CONTRACT AMENDMENTS |

| |18. |NOTICED PUBLIC HEARING: |

| | |CLERK OF THE BOARD OF SUPERVISORS FEES |

| |19. |NOTICED PUBLIC HEARING: |

| | |SUNSET REVIEW OF BOARD OF SUPERVISORS POLICIES AND COUNTY ADMINISTRATIVE CODE |

| | |ARTICLES ASSIGNED TO THE FINANCE AND GENERAL GOVERNMENT GROUP |

|Communications Received |20. |COMMUNICATIONS RECEIVED |

|Appointments |21. |ADMINISTRATIVE ITEM: |

| | |APPOINTMENTS |

|Financial and General Government |22. |Neighborhood Reinvestment Grant Program and Community Enhancement Grant |

| | |Program (DISTRICT: 3) |

| | |[FUNDING SOURCE(S): NEIGHBORHOOD REINVESTMENT GRANT BUDGET] |

|Closed Session |23. |CLOSED SESSION |

|Presentations/Awards |24. |PRESENTATIONS/AWARDS |

|1. |SUBJECT: |APPROVAL OF AMENDMENTS TO DOCUMENTS RELATED TO THE TRANSFER OF COUNTY-OWNED COURT FACILITIES TO |

| | |THE STATE OF CALIFORNIA, JUDICIAL COUNCIL, PURSUANT TO TRIAL COURT FACILITIES ACT OF 2002 (SB |

| | |1732) (DISTRICTS: ALL) |

| |OVERVIEW: |

| |Beginning with the Lockyer-Isenberg Trial Court Funding Act in 1997, the State passed several pieces of legislation |

| |to transfer responsibility for trial court operations from individual counties to the California Judicial Council. |

| |The Trial Court Facilities Act of 2002 (SB 1732), Government Code sections 70301, et seq. (the Act), provides for the|

| |State of California, through the Judicial Council (represented by the Administrative Office of the Courts), to assume|

| |responsibility for “court facilities” located in county-owned buildings. The Act also requires a county to convey |

| |to the State title to any county-owned building that is 100% court-occupied. |

| | |

| |In accordance with the Act, upon transfer of responsibility to the State, each county is relieved of its legal |

| |responsibility to provide necessary and suitable trial court facilities for court operations, subject to certain |

| |statutorily imposed obligations. Among these obligations are requirements that: (1) a county remit to the State a |

| |County Facilities Payment, that represents the historic expenditures for facilities maintenance, utilities, |

| |insurance, and leases; and (2) a county retain seismic liability obligations for court facilities having a seismic |

| |safety rating of Level V under the State’s Seismic Risk Table (SRL-V) unless the county is relieved of those |

| |obligations under one of several statutory exceptions. Among those exceptions is a “seismic settlement” that must |

| |meet certain criteria and be approved by the California Department of Finance prior to implementation. |

| | |

| |On September 16, 2008 (21), your Board approved transfers of responsibility for all trial court facilities then in |

| |use by the Superior Court of California, County of San Diego, thus receiving relief from the obligation to provide, |

| |operate, renovate, or replace such facilities. At the time, although the County and the Administrative Office of the|

| |Courts had negotiated, in principal, a seismic settlement designed to relieve the County of statutorily imposed |

| |seismic obligations, the Department of Finance had not yet approved the settlement. The Department of Finance |

| |subsequently approved the seismic settlement in March 2009, and the parties have prepared documents to reflect the |

| |seismic settlement. |

| | |

| |Today’s proposed action is to approve amendments to the related court facility transfer documents and certain new |

| |documents for the purpose of carrying out the seismic settlement, and to authorize the Director of the Department of |

| |General Services to: (1) sign the related Amended and Restated Transfer Agreements, and the Amended and Restated |

| |Joint Occupancy Agreements; (2) sign the deeds, easements, licenses, leases, project drawings or specifications, |

| |and other documents as may be necessary to accomplish the approved seismic settlement; and (3) take all necessary |

| |actions in conformance with the court transfer agreements. |

| |FISCAL IMPACT: |

| |The court facilities transfers approved in September 2008 obligated the County, once each facility transitioned to |

| |the Judicial Council, to make County Facilities Payments to the State, on a building-by-building basis, in an |

| |aggregate annual amount of $7.48 million. County Facilities Payments are offset by County facilities cost reductions|

| |of approximately the same amount. With the anticipated reduction in facilities under County management, three staff |

| |positions were eliminated in the Fiscal Year 2008-09 Adopted Operational Plan. No layoffs were required as the |

| |Department of General Services anticipated these reductions in its management of, and recruitment for, vacant |

| |positions. |

| | |

| |The seismic settlement would also relieve the County of exposure to incalculable seismic risks associated with five |

| |of the six SRL-V buildings for which responsibility was transferred to the State in September 2008: County |

| |Courthouse, East County Regional Center, North County Regional Center Buildings F2 and F3, and Kearny Mesa |

| |Traffic/Small Claims Court. In exchange for relief from these risks, the County would transfer to the State its |

| |equity in, and title to, the County Courthouse, the Old Jail, and the Stahlman Block. However, the value of these |

| |asset transfers would be offset by several other components of the seismic settlement, including the State’s |

| |obligations to: (1) relinquish to the County the State’s 100% right to the Madge Bradley and Family Court buildings |

| |(which the Act would otherwise require to be conveyed to the State); (2) demolish and remove the County Courthouse |

| |and Old Jail in the future when they are no longer used, and (3) the County’s right to continue to receive lease |

| |revenues under the Stahlman Block and Old Jail leases until at least July 2014. |

| | |

| |The amendments would also require the State, if it later decides to plan, approve, fund and construct a new downtown |

| |courthouse, to build and convey to the County a secure inmate transportation tunnel connecting any such new downtown |

| |courthouse that the State might construct in the future to the County’s downtown Central Jail in exchange for |

| |allowing the Court to occupy County space in the South Bay Regional Center. Such an inmate transportation tunnel |

| |would have positive fiscal impacts on the Sheriff’s future operational costs. |

| |BUSINESS IMPACT STATEMENT: |

| |N/A |

| |RECOMMENDATION: |

| |CHIEF ADMINISTRATIVE OFFICER |

| |Find that the proposed project is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA |

| |Guidelines Sections 15301, 15061(b)(3), and 15378(b) because the project consists of the continued operation of |

| |existing trial court facilities and County-owned properties with no expansion of use, there is no possible |

| |significant effect on the environment resulting from the transfers of existing facilities without change, and this |

| |action is a fiscal and administrative action that does not include a commitment to any specific project which may |

| |have a potentially significant environmental effect. |

| | |

| |Adopt a Resolution approving the amendments to the court facilities transfers and related actions described in |

| |Recommendations 3, 4, 5, 6, 7 and 8, and designating the Director, Department of General Services, as the County of |

| |San Diego’s authorized representative and signatory for the purpose of signing the necessary transfer documents on |

| |the County’s behalf. |

| | |

| |Approve the Amended and Restated Transfer Agreement Between the Judicial Council of California, Administrative Office|

| |of the Courts, and the County of San Diego for the Transfer of Responsibility for Court Facilities, on file with the |

| |Clerk of the Board, with respect to the following properties: Madge Bradley Building, 1409 Fourth Ave., San Diego, |

| |CA; Family Court Building, 1501-1555 Sixth Ave., San Diego, CA. |

| | |

| |Approve the Amended and Restated Transfer Agreement Between the Judicial Council of California, Administrative Office|

| |of the Courts, and the County of San Diego for the Transfer of Responsibility and Transfer of Title for Court |

| |Facilities, on file with the Clerk of the Board, with respect to the following properties: East County Regional |

| |Center, 250 E. Main St., El Cajon, CA; Kearny Mesa Traffic/Small Claims Court , 8950 Clairemont Mesa Blvd., San |

| |Diego, CA; North County Regional Center Buildings F1, F 2 and F 3 , 325 S. Melrose Dr., Vista, CA. |

| | |

| |Approve the Amended and Restated Transfer Agreement Between the Judicial Council of California, Administrative Office|

| |of the Courts, and the County of San Diego for the Transfer of Responsibility for and Transfer of Title to Court |

| |Facilities, Transfer of Title to the Old Jail, and Conveyance of Title to Stahlman Block, on file with the Clerk of |

| |the Board, with respect to the following properties: County Courthouse, 220 W. Broadway, San Diego, CA; Old Jail |

| |Building, 220 West C Street, San Diego, CA; Stahlman Block, bounded by Union Street, West B Street, State Street and |

| |West C Street, San Diego, CA. |

| | |

| | |

| |Approve the Amended and Restated Joint Occupancy Agreement Between the Judicial Council of California, Administrative|

| |Office of the Courts, and the County of San Diego, on file with the Clerk of the Board, with respect to the following|

| |property: County Courthouse, 220 W. Broadway, San Diego, CA. |

| | |

| |Approve the Master Leases, on file with the Clerk of the Board, with respect to the following properties: County |

| |Courthouse, 220 W. Broadway (including Old Jail Building, 220 West C Street), San Diego, CA; Stahlman Block, bounded |

| |by Union Street, West B Street, State Street and West C Street, San Diego, CA. |

| | |

| |Approve the License Agreement, on file with the Clerk of the Board, with respect to the following property: South |

| |Bay Regional Center, 500 Third Avenue, Chula Vista, CA. |

| | |

| |Authorize and direct the Director, Department of General Services, to execute those documents identified in |

| |Recommendations 3, 4, 5, 6, 7 and 8, and such deeds, easements, licenses, leases, project specifications, and other |

| |documents as may be necessary to accomplish the approved transfers, so long as they are consistent with the Board’s |

| |actions to approve those transfers. |

| | |

| |Authorize and direct the Director, Department of General Services, to perform all necessary actions under the Amended|

| |and Restated Transfer Agreements and Amended and Restated Joint Occupancy Agreements on behalf of the County. |

| |ACTION: |

| |ON MOTION of Supervisor Cox, seconded by Supervisor Roberts, the Board took action as recommended, adopting |

| |Resolution No. 09-228, entitled: A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF SAN DIEGO AUTHORIZING THE|

| |DIRECTOR, DEPARTMENT OF GENERAL SERVICES, TO EXECUTE AMENDED AND RESTATED DOCUMENTS TRANSFERRING RESPONSIBILITY FOR, |

| |AND TITLE TO, TRIAL COURT FACILITIES AND RELATED DOCUMENTS PURSUANT TO THE CALIFORNIA GOVERNMENT CODE. |

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

| |

|2. |SUBJECT: |SHERIFF – APPROVAL TO SUBMIT A GRANT APPLICATION FOR THE CALIFORNIA EMERGENCY MANAGEMENT AGENCY |

| | |FISCAL YEAR 2009-2010 MARIJUANA SUPPRESSION PROGRAM |

| | |(DISTRICTS: ALL) |

| |OVERVIEW: |

| |This is a request to authorize the Sheriff’s Department to submit a grant application to the California Emergency |

| |Management Agency (Cal EMA) for the Fiscal Year 2009-2010 Marijuana Suppression Program. The Request for Proposal |

| |was released October 15, 2009 and the grant application is due November 19, 2009. This grant will allow the |

| |Sheriff’s Department to continue its efforts to eradicate illegal marijuana cultivation and address marijuana |

| |trafficking problems in the County. The maximum award amount is $275,000 over a three year project period beginning |

| |January 1, 2010 and ending December 31, 2012. If the grant application is approved, the Sheriff’s Department will |

| |return to your Board to accept the grant and appropriate the grant funds. |

| |FISCAL IMPACT: |

| |There is no fiscal impact associated with submitting the grant application. If the application is approved, it will |

| |result in an award amount of up to $275,000 in unanticipated grant revenue from Cal EMA; there is no match |

| |requirement for this grant program. There will be no change in net general funds costs but may involve the addition |

| |of one additional staff year. |

| |BUSINESS IMPACT STATEMENT: |

| |N/A |

| |RECOMMENDATION: |

| |SHERIFF |

| |Authorize the Sheriff’s Department to submit a grant application in an amount up to $275,000 to Cal EMA for the |

| |Fiscal Year 2009-10 Marijuana Suppression Program for the period January 1, 2010 through December 31, 2012. |

| | |

| |Authorize the Sheriff to execute all Fiscal Year 2009-10 Marijuana Suppression Program grant application documents. |

| |ACTION: |

| |ON MOTION of Supervisor Horn, seconded by Supervisor Slater-Price, the Board took action as recommended. |

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

| |

|3. |SUBJECT: |SHERIFF – ACCEPTANCE OF 2009 OPERATION STONEGARDEN SUPPLEMENTAL GRANT AWARD (DISTRICTS: ALL) |

| |OVERVIEW: |

| |This is a request to authorize the Sheriff’s Department’s acceptance of $4,992,606 in 2009 Operation Stonegarden |

| |Supplemental (OPSG-S) grant funds from the Federal Department of Homeland Security, passed through the California |

| |Emergency Management Agency (CalEMA), and to adopt a resolution for the 2009 Operation Stonegarden Supplemental |

| |Grant. On September 22, 2009 (1), your Board approved the acceptance of the 2009 Operation Stonegarden Grant (OPSG) |

| |for $8,844,033. On August 25, 2009, the CalEMA applied for supplemental 2009 OPSG funding on behalf of San Diego and|

| |Imperial Counties. |

| | |

| |On September 28, 2009, the Sheriff’s Department was notified of the OPSG-S award of $4,992,606. The objective of the|

| |OPSG grant program is to increase coordination and enhance local law enforcement presence along the border. The OPSG|

| |grant program is intended to enhance law enforcement preparedness and operational readiness along the land borders of|

| |the United States. The supplemental funds will be used primarily to increase the number of agencies participating in|

| |Operation Stonegarden. As with the previous OPSG grants, the grant funds will reimburse agencies for overtime, |

| |equipment and services in a joint mission to secure the United States land borders. |

| |FISCAL IMPACT: |

| |Funds for this request are not included in the Fiscal Year 2009-10 Adopted Operational Plan for the Sheriff’s |

| |Department. If approved, this request will result in current year costs and revenue of $4,992,606, including a |

| |pass-through of $4,552,660 to regional law enforcement agencies. The remaining $439,946 will be retained in the |

| |Sheriff’s Department. The funding source is unanticipated grant revenue from the Federal Department of Homeland |

| |Security, passed through the California Emergency Management Agency (CalEMA), Operation Stonegarden Supplemental |

| |Grant. There will be no change in net General Fund cost and no additional staff years. |

| |BUSINESS IMPACT STATEMENT: |

| |N/A |

| |RECOMMENDATION: |

| |SHERIFF |

| |Waive Board Policy B-29, Fees, Grants, Revenue Contracts – Department Responsibility for Cost Recovery, which |

| |requires full cost recovery for grants and requires that Board approval be given in advance of application for funds.|

| | |

| | |

| |Authorize the Sheriff’s Department to accept and administer 2009 OPSG-S grant funds in the amount of $4,992,606 from |

| |the California Emergency Management Agency (CalEMA) for the period October 1, 2009 to March 30, 2012. |

| | |

| |Adopt a resolution entitled: A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF SAN DIEGO RELATING TO THE |

| |FISCAL YEAR (FY) 2009 OPERATION STONEGARDEN GRANT (OPSG) AND FISCAL YEAR (FY) 2009 OPERATION STONEGARDEN GRANT – |

| |SUPPLEMENTAL (OPSG-S). |

| | |

| |Establish appropriations of $4,992,606 in the Sheriff’s Department to support salaries and benefits for overtime |

| |($292,626), services and supplies for equipment ($147,320) and for the multiple agencies within the San Diego County |

| |region working on Operation Stonegarden ($4,552,660) based on unanticipated revenue received from the California |

| |Emergency Management Agency (CalEMA) Operation Stonegarden grant funds. (4 VOTES) |

| | |

| |Authorize the Sheriff to enter into expenditure contracts related to the Operation Stonegarden grant to reimburse |

| |overtime and equipment expenses, not to exceed $4,552,660 incurred collectively by participating law enforcement |

| |agencies performing grant activities during the period October 1, 2009 to March 30, 2012. Individual agency awards |

| |are as follows: $2,430,651 for San Diego Police Department; $157,788 for Carrizo Gorge Railway Police; $462,168 for |

| |Oceanside Harbor Police Department; $277,003 for Coronado Police Department; $264,397 for Orange County Sheriff’s |

| |Department; $359,498 for California Department of Motor Vehicles; $407,974 for Chula Vista Police Department, and |

| |$193,181 for Carlsbad Police Department. |

| | |

| |Authorize the Sheriff to execute the acceptance of the 2009 OPSG-S grant from the California Emergency Management |

| |Agency (CalEMA), and any extensions, amendments, or revisions thereof that do not materially impact or alter the |

| |grant programs or funding level. |

| |ACTION: |

| |ON MOTION of Supervisor Cox, seconded by Supervisor Roberts, the Board took action as recommended, on Consent, |

| |adopting Resolution No. 09-229, entitled: A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF SAN DIEGO |

| |RELATING TO THE FISCAL YEAR (FY) 2009 OPERATION STONEGARDEN GRANT (OPSG) AND FISCAL YEAR (FY) 2009 OPERATION |

| |STONEGARDEN GRANT – SUPPLEMENTAL (OPSG-S). |

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

|4. |SUBJECT: |SHERIFF - REPORT OF INMATE WELFARE FUND EXPENDITURES FOR FISCAL YEAR 2008-09 (DISTRICTS: ALL) |

| |OVERVIEW: |

| |This is an itemized report of expenditures from the Inmate Welfare Fund, as required under Penal Code 4025. These |

| |expenditures are primarily for the benefit, education, and welfare of the inmates confined within the San Diego |

| |County adult detention facilities. The funding sources for the Inmate Welfare Fund are inmate telephone revenues and|

| |excess revenues from the sale of commissary items to the inmates. |

| |FISCAL IMPACT: |

| |There is no fiscal impact as a result of this action. There is no net county cost and this action will require the |

| |addition of zero staff years. |

| |BUSINESS IMPACT STATEMENT: |

| |N/A |

| |RECOMMENDATION: |

| |SHERIFF |

| |Note and file the Fiscal Year 2008-09 Report of Inmate Welfare Fund Expenditures. |

| |ACTION: |

| |ON MOTION of Supervisor Cox, seconded by Supervisor Roberts, the Board took action as recommended, on Consent. |

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

| |

|5. |SUBJECT: |SHERIFF – ACCEPTANCE OF DONATIONS FROM THE HONORARY DEPUTY SHERIFFS’ ASSOCIATION AND THE DEPUTY |

| | |SHERIFFS’ ASSOCIATION |

| | |(DISTRICTS: ALL) |

| |OVERVIEW: |

| |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. This is a request to ratify the acceptance of a $15,500 donation from the |

| |Honorary Deputy Sheriffs’ Association, and a $10,000 donation from the Deputy Sheriffs’ Association. The donations |

| |will be used to fund the completion of the Take Me Home Project, a computerized database to collect information for |

| |individuals with special needs. |

| |FISCAL IMPACT: |

| |Funds for these requests are not included in the Fiscal Year 2009-10 Operational Plan. The funding sources are |

| |donations from the Honorary Deputy Sheriffs’ Association ($15,500) and the Deputy Sheriffs’ Association ($10,000). |

| |If approved, these requests will result in $25,500 current year costs and revenue. These requests will require the |

| |addition of zero staff years. |

| |BUSINESS IMPACT STATEMENT: |

| |N/A |

| |RECOMMENDATION: |

| |SHERIFF |

| |Pursuant to Administrative Code Section 66 and Board Policy A-112, ratify the acceptance of $15,500 donation from the|

| |Honorary Deputy Sheriffs’ Association for the Sheriff’s Department’s Take Me Home Project. |

| | |

| |Pursuant to Administrative Code Section 66 and Board Policy A-112, ratify the acceptance of a $10,000 donation from |

| |the Deputy Sheriffs’ Association for the Sheriff’s Department’s Take Me Home Project. |

| | |

| |Establish appropriations of $25,500 in the Sheriff’s Department for services and supplies for the Take Me Home |

| |Project based on unanticipated revenue from the Honorary Deputy Sheriffs’ Association ($15,500) and the Deputy |

| |Sheriffs’ Association ($10,000). (4 VOTES) |

| | |

| |Authorize the Chair of the Board of Supervisors to sign letters of appreciation on behalf of the Board of Supervisors|

| |and the County of San Diego to the Honorary Deputy Sheriffs’ Association and the Deputy Sheriffs’ Association. |

| |ACTION: |

| |ON MOTION of Supervisor Cox, seconded by Supervisor Roberts, the Board took action as recommended, on Consent. |

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

| |

|6. |SUBJECT: |SHERIFF – ACCEPTANCE OF 2009 TECHNOLOGY GRANT AWARD FROM THE U.S. DEPARTMENT OF JUSTICE, OFFICE |

| | |OF COMMUNITY ORIENTED POLICING SERVICES (COPS) (DISTRICTS: ALL) |

| |OVERVIEW: |

| |On July 21, 2009 (3), your Board ratified the submission of the COPS Fiscal Year 2009 Technology Program grant |

| |proposal to the U. S. Department of Justice (USDOJ), Office of Community Oriented Policing Services (COPS). On |

| |September 21, 2009, COPS awarded the Sheriff’s Department $1,350,000 to implement the first phase of upgrading the |

| |voice communications systems in County detention facilities. This request is to authorize the acceptance of and |

| |appropriate grant funds totaling $1,350,000. The grant project period is March 11, 2009 through March 10, 2012. |

| |There is no local match requirement for the grant. |

| |FISCAL IMPACT: |

| |Funds for this request are not included in the Fiscal Year (FY) 2009-10 Operational Plan in the Sheriff’s Department.|

| |If approved, this request will result in cost and revenue of $1,350,000 in FY 2009-10. The funding source is |

| |unanticipated grant revenue from the USDOJ, COPS for the project period March 11, 2009 through March 10, 2012. There|

| |will be no change in net General Fund cost in the current fiscal year and no additional staff years. Beginning in FY|

| |2010-11, annual software maintenance support estimated at $20,000 will be included in the Sheriff’s Operational Plan |

| |with support from general purpose revenues. |

| |BUSINESS IMPACT STATEMENT: |

| |N/A |

| |RECOMMENDATION: |

| |SHERIFF |

| |Waive Board Policy B-29, Fees, Grants, Revenue Contracts – Department Responsibility for Cost Recovery, which |

| |requires full cost recovery for grants. |

| | |

| |Authorize the acceptance of $1,350,000 from the U.S. Department of Justice (USDOJ), Office of Community Oriented |

| |Policing Services (COPS) 2009 Technology grant program for the period beginning March 11, 2009 through March 10, |

| |2012. |

| | |

| |Establish appropriations of $1,350,000 in the Sheriff’s Department for services and supplies ($980,000) and fixed |

| |assets ($370,000) based on unanticipated revenue from USDOJ, COPS. (4 VOTES) |

| | |

| |Authorize the Sheriff to 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. |

| |ACTION: |

| |ON MOTION of Supervisor Cox, seconded by Supervisor Roberts, the Board took action as recommended, on Consent. |

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

| |

|7. |SUBJECT: |SHERIFF – RATIFICATION OF GRANT APPLICATION AND ACCEPTANCE OF GRANT AWARD FOR THE FISCAL YEAR |

| | |2009 LAW ENFORCEMENT TASK FORCES FOR HUMAN TRAFFICKING VICTIMS CONTINUATION GRANT PROGRAM FROM |

| | |THE U. S. DEPARTMENT OF JUSTICE OFFICE OF JUSTICE PROGRAMS (DISTRICTS: ALL) |

| |OVERVIEW: |

| |On December 14, 2004 (19), your Board approved the request to accept $448,134 in grant funds from the U. S. |

| |Department of Justice Office of Justice Programs (USDOJ OJP) for the Law Enforcement Response to Human Trafficking |

| |grant. This grant award enabled the establishment of the San Diego Region Anti-Trafficking Task Force which is a |

| |collaboration of local law enforcement agencies working together to better identify and interdict human trafficking |

| |in the County. This is a request to ratify the submission of the Sheriff’s Department’s application to the USDOJ |

| |OJP, and authorize the acceptance of grant funds totaling $224,981 under the Fiscal Year (FY) 2009 Law Enforcement |

| |Task Forces for Human Trafficking Victims Continuation Grant Program. This is also a request to appropriate $170,811|

| |in grant funds from USDOJ OJP. These funds will be used to continue the current victim-focused, multi-disciplinary, |

| |multi-jurisdictional San Diego Region Anti-Trafficking Task Force during the period beginning October 1, 2009 through|

| |September 30, 2010. Matching funds in the amount 25% ($74,994) are required and will be satisfied through in-kind |

| |time and services provided by Sheriff’s staff working on this project and by Sheriff’s vehicles used in project |

| |operations. |

| |FISCAL IMPACT: |

| |Funds for this request are not included in the Sheriff’s Fiscal Year (FY) 2009-10 Operational Plan. If approved, |

| |this request will result in FY 2009-10 costs and revenue of $170,811 and FY 2010-11 costs and revenue of $54,170. |

| |The funding source is unanticipated grant revenue from the USDOJ OJP. This grant requires a 25% match of $74,994 |

| |that will be satisfied through in-kind time and services provided by Sheriff’s staff working on this project and by |

| |Sheriff’s vehicles used in project operations. There will be no change in net general funds costs and no additional |

| |staff years. |

| |BUSINESS IMPACT STATEMENT: |

| |N/A |

| |RECOMMENDATION: |

| |SHERIFF |

| |Waive Board Policy B-29, Fees, Grants, Revenue Contracts – Department Responsibility for Cost Recovery, which |

| |requires prior approval of grant application and full cost recovery for grants. |

| | |

| |Ratify the submission of the USDOJ OJP FY 2009 Law Enforcement Task Forces for Human Trafficking Victims Continuation|

| |Grant Program application totaling $224,981 for the period beginning October 1, 2009 through September 30, 2010. |

| | |

| |Authorize the acceptance of grant funds from USDOJ OJP totaling $224,981 for the period beginning October 1, 2009 |

| |through September 30, 2010. |

| | |

| |Authorize the Sheriff to execute all required grant and grant related documents, including an amendment to the |

| |current memorandum of understanding with local law enforcement agencies and any annual extensions, amendments, and/or|

| |revisions thereof that do not materially impact or alter the services or funding level. |

| | |

| |Establish appropriations of $170,811 in the Sheriff’s Department for overtime salaries and benefits ($86,681) and |

| |services and supplies ($84,130) based on unanticipated revenue from the USDOJ OJP. (4 VOTES) |

| |ACTION: |

| |ON MOTION of Supervisor Cox, seconded by Supervisor Roberts, the Board took action as recommended, on Consent. |

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

| |

|8. |SUBJECT: |SHERIFF – ACCEPTANCE OF GRANT AWARDS FOR THE CLICK IT OR TICKET AND SOBRIETY CHECK POINT |

| | |MINI-GRANT PROGRAMS FROM THE U. C. BERKELEY – TRAFFIC SAFETY CENTER |

| | |(DISTRICTS: ALL) |

| |OVERVIEW: |

| |On July 21, 2009 (4), your Board approved the request to ratify submissions of 11 grant proposals to the U. C. |

| |Berkeley (UCB) – Traffic Safety Center for two separate mini-grant programs. Six proposals were submitted under the |

| |Click It Or Ticket program for enforcing seat belt use and five proposals under the Sobriety Checkpoint program for |

| |conducting sobriety checkpoints. Nine proposals were successful. This request is to authorize the acceptance of |

| |grant funds totaling $210,121 (Click It Or Ticket $86,640; Sobriety Checkpoint $123,481) for the period beginning |

| |October 1, 2009 through September 8, 2010. This is also a request to appropriate $157,590 in grant |

| |funds. |

| |FISCAL IMPACT: |

| |Funds for this request are not included in the Fiscal Year (FY) 2009-10 Operational Plan for the Sheriff’s |

| |Department. If approved, this request will result in FY 2009-10 costs and revenue of $157,590 and FY 2010-11 costs |

| |and revenue of $52,531. The funding source is unanticipated grant revenue from UCB – Traffic Safety Center. There |

| |will be no change in net general funds costs and no additional staff years. |

| | |

| |Click It Or Ticket |

| |If approved, this request will result in FY 2009-10 costs and revenue of $64,979 and FY 2010-11 costs and revenue of |

| |$21,661. |

| | |

| |Sobriety Checkpoint |

| |If approved, this request will result in FY 2009-10 costs and revenue of $92,611 and FY 2010-11 costs and revenue of |

| |$30,870. |

| |BUSINESS IMPACT STATEMENT: |

| |N/A |

| |RECOMMENDATION: |

| |SHERIFF |

| |Waive Board Policy B-29, Fees, Grants, Revenue Contracts – Department Responsibility for Cost Recovery, which |

| |requires full cost recovery for grants. |

| | |

| |Authorize the acceptance of grant funds from UCB Traffic Safety Center totaling $210,121; $86,640 under the Click It |

| |Or Ticket Mini-Grant program ($20,131 to the Sheriff’s Encinitas station, $13,421 to the Sheriff’s Imperial Beach |

| |station, $12,826 to the Sheriff’s Lemon Grove station, $20,131 to the Sheriff’s Poway station, and $20,131 to the |

| |Sheriff’s Vista station) and $123,481 under the Sobriety Checkpoint Mini-Grant program ($34,360 to the Sheriff’s |

| |Imperial Beach station, $30,000 to the Sheriff’s Lemon Grove station, $37,316 to the Sheriff’s Poway station, and |

| |$21,805 to the Sheriff’s Vista station) for the period beginning October 1, 2009 through September 8, 2010. |

| | |

| |Authorize the Sheriff to 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. |

| | |

| |Establish appropriations of $157,590 in the Sheriff’s Department for overtime salaries and benefits (Encinitas |

| |$15,098; Imperial Beach $35,836; Lemon Grove $32,119; Poway $43,085; and Vista $31,452) based on unanticipated |

| |revenue from UCB – Traffic Safety Center. (4 VOTES) |

| |ACTION: |

| |ON MOTION of Supervisor Cox, seconded by Supervisor Roberts, the Board took action as recommended, on Consent. |

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

| |

|9. |SUBJECT: |SHERIFF – APPROPRIATION OF AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009 EDWARD BYRNE MEMORIAL |

| | |JUSTICE ASSISTANCE GRANT (JAG) FUNDS FROM THE U. S. DEPARTMENT OF JUSTICE OFFICE OF JUSTICE |

| | |PROGRAMS AWARDED TO THE CITY OF SAN DIEGO AND PASSED THROUGH THE CITY OF LEMON GROVE |

| | |(DISTRICT: 2) |

| |OVERVIEW: |

| |On March 3, 2009 (12), your Board approved the application and acceptance of grant funds from the American Recovery |

| |and Reinvestment Act of 2009 (Recovery Act), also known as the Economic Stimulus Plan. The City of San Diego |

| |submitted an application for and was awarded funds under the Fiscal Year (FY) 2009 Recovery Act Solicitation titled |

| |Edward Byrne Memorial Justice Assistance Grant (JAG) Formula Program: Local Solicitation. The grant award is from |

| |the U. S. Department of Justice Office of Justice Programs (USDOJ OJP). This request is to authorize the acceptance |

| |of grant funds awarded to the City of San Diego and passed through the City of Lemon Grove totaling $69,231 for |

| |overtime and mileage in the Sheriff’s Department for the period beginning December 1, 2009 through November 30, 2010.|

| |FISCAL IMPACT: |

| |Funds for this request are not included in the Fiscal Year 2009-10 Operational Plan in the Sheriff’s Department. If |

| |approved, this request will result in estimated FY 2009-10 direct costs and revenue of $40,384 and estimated |

| |unreimbursed overhead costs of $18,422 and FY 2010-11 direct costs and revenue of $28,847 and estimated unreimbursed |

| |overhead costs of $13,159. The funding source is unanticipated Recovery Act grant revenue from the USDOJ OJP awarded|

| |to the City of San Diego and passed through the City of Lemon Grove for the project period December 1, 2009 through |

| |November 30, 2010. Estimated unreimbursed overhead costs will be covered by existing general fund appropriations in |

| |the Sheriff’s budget. There will be no change in net General Fund cost and no additional staff years. |

| |BUSINESS IMPACT STATEMENT: |

| |N/A |

| |RECOMMENDATION: |

| |SHERIFF |

| |Waive Board Policy B-29, Fees, Grants, Revenue Contracts – Department Responsibility for Cost Recovery, which |

| |requires full cost recovery for grants. |

| | |

| |Authorize the Chief Administrative Officer, or his designee, and the Sheriff, or his designee, to execute all |

| |required grant and grant related documents and any annual extensions, amendments, and/or revisions thereof that do |

| |not materially impact or alter the services or funding level. |

| | |

| |Establish appropriations of $40,384 in the Sheriff’s Department for salaries and benefits ($39,807) and services and |

| |supplies ($577) based on unanticipated revenue from USDOJ OJP. (4 VOTES) |

| | |

| |Approve and authorize the Sheriff to accept grant funds awarded to the City of San Diego and passed through the City |

| |of Lemon Grove and to enter into an agreement with the City of Lemon Grove for an amount not to exceed $69,231 for |

| |the period December 1, 2009 through November 30, 2010. |

| |ACTION: |

| |ON MOTION of Supervisor Jacob, seconded by Supervisor Horn, the Board took action as recommended. |

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

| |

|10. |SUBJECT: |NOTICED PUBLIC HEARING: |

| | |IN-HOME SUPPORTIVE SERVICES REFORM AND APPROVAL OF A PROGRAM INTEGRITY PROPOSAL (DISTRICTS: |

| | |ALL) |

| |OVERVIEW: |

| |On March 24, 2009, at the recommendation of Chairwoman Jacob and Vice-Chairwoman Slater-Price, the Board |

| |directed staff to identify reform proposals for the In-Home Supportive Services (IHSS) Program, indicating the need |

| |to immediately review options in order to keep program costs at a manageable level while maintaining the original |

| |intent of the program. In response to the Board’s direction, staff worked with numerous local stakeholders to develop|

| |a proposal for substantive reforms within the County’s IHSS Program. |

| | |

| |During the County’s review of the IHSS program, the State issued a number of mandated changes to the program, aimed |

| |at program integrity and fraud prevention. Today’s item provides an update on recent State changes to the program |

| |and allows the County to take immediate action to improve IHSS program integrity utilizing newly-available State |

| |fraud funding. With Board approval today, the Fraud Investigations and Program Integrity Plan will be submitted by |

| |December 1, 2009, as required by the State. |

| | |

| |Today’s action also authorizes the receipt of a comprehensive report by Health Management Associates, a consulting |

| |firm that has been working with the County to identify reform proposals for the IHSS program. Board authority is |

| |also sought to pursue the reform proposals described in this board letter. Any further actions requiring Board |

| |approval will be brought back for your Board’s consideration. |

| | |

| |A companion item on today’s IHSS Public Authority Governing Body agenda brings forward an implementation plan to |

| |address the mandated State changes subject to available State funding. With Board approval today, the Public |

| |Authority ordinance and the Interagency Agreement between the County and the Public Authority will be revised to |

| |incorporate the new State requirements. |

| |FISCAL IMPACT: |

| |Fraud Prevention (Recommendation 4) |

| |The Fiscal Year 2009-2011 Operational Plan for the Health and Human Services Agency includes sufficient funding for |

| |this request. If approved, this request will result in current year costs of $682,690, revenue of $572,050, and |

| |$110,640 in Social Services Realignment for required matching funds. Subsequent year costs, revenue, and matching |

| |funds will be $1,365,381, $1,144,099, and $221,282 respectively. The funding sources are federal and State IHSS |

| |administrative revenue. To implement the plan, the Health and Human Services Agency will redirect ten current |

| |positions and the District Attorney will redirect one of their existing positions to this effort.  Should the |

| |County’s allocation increase, staff will return to the Board to request the establishment of additional |

| |appropriations as needed. |

| | |

| |Current and New Provider Program (Recommendations 6-9): |

| |The Fiscal Year 2009-2011 Operational Plan for the Health and Human Services Agency includes sufficient funding for |

| |this request. If approved, this request will result in current year costs of $524,351, revenue of $432,590, and |

| |$91,761 in Social Services Realignment required for matching funds.  Subsequent year costs, revenue, and matching |

| |funds will be $602,747, $497,266, and $105,481 respectively. The funding sources are federal and State IHSS |

| |administrative revenue. To implement the program, with Governing Body approval, the Public Authority will request |

| |five additional positions. |

| |BUSINESS IMPACT STATEMENT: |

| |N/A |

| |RECOMMENDATION: |

| |CHIEF ADMINISTRATIVE OFFICER |

| |Receive the staff and consultant report on In-Home Supportive Services Reform and direct staff to implement the |

| |proposed reform actions. |

| | |

| |Direct staff to pursue IHSS reform proposals as part of the County’s future legislative agenda, where appropriate. |

| | |

| |Direct staff to initiate discussions with the State and advocate for San Diego County’s inclusion in the Medicaid |

| |1115 Hospital Waiver renewal as a potential site for long-term care integration. |

| | |

| |Approve the County Plan for In-Home Supportive Services Program Integrity and direct staff to submit the approved |

| |Plan to the California Department of Social Services with all necessary attachments by December 1, 2009. |

| | |

| |Direct staff to provide bi-annual updates to the Board on the status of the identified reform efforts. |

| | |

| |Approve and authorize the County of San Diego In-Home Supportive Services Public Authority to perform, effective |

| |immediately, on behalf of the County of San Diego, the following new provider related functions as set forth in newly|

| |enacted ABX4 19 and ABX4 4: |

| |Provider enrollment pursuant to Welfare & Institutions Code § 12305.81; |

| |Criminal background checks pursuant to Welfare & Institutions Code § 12305.86; |

| |Conducting provider orientations pursuant to Welfare & Institutions Code §  12301.24 and |

| |Other functions as necessary or required by state law and regulations, subject to available funding. |

| | |

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

| | |

| |AN ORDINANCE AMENDING COUNTY OF SAN DIEGO ADMINISTRATIVE CODE ARTICLE IIIb RELATING TO THE DUTIES AND FUNCTIONS OF |

| |THE COUNTY OF SAN DIEGO IN-HOME SUPPORTIVE SERVICES PUBLIC AUTHORITY |

| | |

| | |

| | |

| | |

| |If the Board takes the action requested in Recommendation 7, then on December 8, 2009 (Second Reading): |

| |Submit the Ordinance for further Board consideration and adoption (Second Reading). |

| | |

| |Approve and authorize the Clerk of the Board of Supervisors to execute the attached amended Interagency Agreement |

| |Between The County of San Diego and the County of San Diego In-Home Supportive Services Public Authority; and |

| |authorize the Clerk of the Board to execute non-material amendments to the Interagency Agreement. |

| | |

| |(Relates to IHSS Agenda No. 1) |

| |ACTION: |

| |ON MOTION of Supervisor Jacob, seconded by Supervisor Slater-Price, the Board closed the Hearing took action as |

| |recommended, introducing Ordinance for further Board consideration and adoption on December 8, 2009. |

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

| |

|11. |SUBJECT: |REVISION TO COUNTY SERVICE AREA 69 ADVISORY COMMITTEE BYLAWS (DISTRICT: 2) |

| |OVERVIEW: |

| |The Board of Supervisors established the County Service Area 69 (CSA 69) Heartland Emergency Medical Services |

| |District Advisory Committee to advise the Board and the Health and Human Services Agency on matters relating to the |

| |administration of emergency medical services within the district. |

| | |

| |The CSA 69 Advisory Committee drafted a revision to its bylaws due to a name change precipitated by the merging of |

| |two fire protection districts. The proposed revision would amend a name in the Committee Membership Section from the|

| |East County Fire Protection District to the San Miguel Fire Protection District. This revision does not change the |

| |structure of the bylaws. It would only update the Committee Membership Section with the current name of the |

| |participating agency. Today’s action requests approval of the amended committee bylaws. |

| |FISCAL IMPACT: |

| |There is no fiscal impact associated with the recommended action. |

| |BUSINESS IMPACT STATEMENT: |

| |N/A |

| |RECOMMENDATION: |

| |CHIEF ADMINISTRATIVE OFFICER |

| |Approve the amended County Service Areas 69 - Heartland Emergency Medical Services District Advisory Committee |

| |Bylaws. |

| |ACTION: |

| |ON MOTION of Supervisor Cox, seconded by Supervisor Roberts, the Board took action as recommended, on Consent. |

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

| |

|12. |SUBJECT: |PUBLIC DEFENDER - NEW LEASE AGREEMENT FOR SOUTH BAY OFFICE AT 765 THIRD AVENUE, CHULA VISTA |

| | |(DISTRICT: 1) |

| |OVERVIEW: |

| |The South Bay offices of the Public Defender and Alternate Public Defender have been located in leased space at 765 |

| |Third Avenue in Chula Vista since 1990. (The two departments were consolidated into one department, the Department |

| |of the Public Defender, beginning with Fiscal Year 2009-10.) The current lease term expired on October 31, 2009. |

| | |

| |Today, the Board is requested to approve a new five-year lease agreement for the same 14,880 square feet of space |

| |with the building owner, Third Avenue Plaza, LLC. The proposed new lease contains two five-year options to extend |

| |the term through 2024. The rental rate of $29,760 per month ($2.00/sf/month), which excludes utilities paid by |

| |County, is within the range of comparable transactions for space of this type in the Chula Vista area. |

| |FISCAL IMPACT: |

| |Funds for this request are included in the Fiscal Year 2009-2010 Operational Plan in the Public Defender. If |

| |approved, the request will result in a cost of $238,080 in Fiscal Year 2009-2010 and a cost of $364,264 in Fiscal |

| |Year 2010-2011. Cost increase in the current fiscal year will be $9,128 and approximately $10,541 in subsequent year|

| |cost. This represents an increase of 4.0% over the rental rate in effect during the final year of the current lease.|

| |The funding source is the General Fund. There will be no additional staff years required. |

| |BUSINESS IMPACT STATEMENT: |

| |N/A |

| |RECOMMENDATION: |

| |CHIEF ADMINISTRATIVE OFFICER |

| |Find in accordance with Section 15301 of the California Environmental Quality Act (CEQA) Guidelines that this project|

| |is exempt from the provisions of CEQA because it involves the continuation of an existing use. |

| | |

| |Approve and authorize the Director of the Department of General Services to execute three copies of the lease |

| |agreement with Third Avenue Plaza, LLC, for 14,880 square feet of office space located at 765 Third Avenue, Chula |

| |Vista. |

| | |

| |Authorize the Director, Department of General Services to exercise the options to extend the lease prior to its |

| |expiration, if appropriate. |

| |ACTION: |

| |ON MOTION of Supervisor Cox, seconded by Supervisor Roberts, the Board took action as recommended, on Consent. |

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

| |

|13. |SUBJECT: |AUTHORIZE ISSUANCE OF DESIGN-BUILD REQUEST FOR PROPOSAL AND APPROPRIATE FUNDING FOR San Pasqual |

| | |Academy housing Reconstruction (DISTRICTS: ALL) |

| |OVERVIEW: |

| |Located on approximately 250 acres in rural San Pasqual Valley, the County of San Diego’s San Pasqual Academy is |

| |dedicated to providing an environment to meet the residential, academic, social, vocational, and health needs of |

| |adolescent foster youth. The campus provides a state-of-the-art, year-round, full-curriculum high school program and|

| |health care services to approximately 184 foster youth. The campus includes permanent and temporary staff housing, |

| |as well as housing for other community members who play a key role in the program. |

| | |

| |The Witch Creek Fire of 2007 destroyed 20 non-student residences (including three residential trailers) and 2 |

| |administrative buildings located on the campus. Since that time, a plan has been developed to reconstruct the units |

| |on sites within the campus that will maximize their long-term benefit to the program. In addition, specific housing |

| |design and construction criteria have been established that will enhance fire safety on the campus. |

| | |

| |The Board is requested to authorize Purchasing and Contracting to advertise and award a design-build contract for |

| |reconstruction of the proposed housing units and to approve funding for the project. |

| |FISCAL IMPACT: |

| |San Pasqual Academy Residences |

| |Funds in the amount of $14,498,452 are included in the Fiscal Year 2009-2010 Operational Plan for Capital Project |

| |1012286 – San Pasqual Academy Residences. If approved, this request will result in a reduction of costs in the |

| |amount of $5,349,052, which includes a transfer of $425,600 for the construction of the master-planned San Pasqual |

| |Administration Building. The total estimated project cost of $9,149,400 will be used for the reconstruction of the |

| |residential structures and related infrastructure at San Pasqual Academy. The funding source is an insurance |

| |reimbursement from CSAC – Excess Insurance Authority. There will be no change in net General Fund cost and no |

| |additional staff years are required. |

| | |

| |San Pasqual (SPA) Administration Building |

| |Funds for this request are not included in the Capital Outlay Fund for Capital Project 1013689 – San Pasqual (SPA) |

| |Admin Building project. If approved this request will result in costs and revenue of $900,600. The funding sources |

| |are transfers from Capital Project 1012286 – San Pasqual Academy Residences ($425,600) and the General Fund |

| |($475,000). Funds will be used toward the construction of the master-planned San Pasqual (SPA) Administration |

| |Building. Should additional funds be required to construct the Administration Building project staff will return to |

| |the Board of Supervisors to request additional appropriations. This action will result in no new staff years and no |

| |additional costs to the General Fund. |

| |BUSINESS IMPACT STATEMENT: |

| |Expenditures for the reconstruction of structures and infrastructure will create private sector jobs and economic |

| |opportunities in the County of San Diego. |

| |RECOMMENDATION: |

| |CHIEF ADMINISTRATIVE OFFICER |

| |Find that the Negative Declaration (ND) (1977) and Subsequent ND (2006) on file in the Department of Planning and |

| |Land Use have been completed in compliance with California Environmental Quality Act (CEQA) and the state CEQA |

| |Guidelines and that the Board has reviewed and considered the information contained therein before approving the |

| |project; and |

| | |

| |Find that there are no changes in the project or in the circumstances under which it is undertaken which involve |

| |significant new environmental impacts which were not considered in the previously adopted ND and Subsequent ND, or a |

| |substantial increase in the severity of previously identified significant effects, and that no new information of |

| |substantial importance has become available since the ND and Subsequent ND were adopted. Therefore, in accordance |

| |with CEQA Guidelines sections 15162 through 15164, find that no additional environmental review is necessary for this|

| |action. |

| |Authorize the Director, Department of Purchasing and Contracting to take any action necessary to advertise and award |

| |a contract and to take any action authorized by Section 401, et seq. of the Administrative Code and Public |

| |Contracting Code section 20133 with respect to contracting for the reconstruction of the facilities destroyed at San |

| |Pasqual Academy. |

| |Designate the Director, Department of General Services, as the County Officer responsible for administering the |

| |awarded design-build contract. |

| |Cancel appropriations of $5,349,052 and related Operating Transfer from General Fund in the Capital Outlay Fund for |

| |Capital Project 1012286 - San Pasqual Academy Residences, due to the final insurance settlement from CSAC – Excess |

| |Insurance Authority ($4,923,452), and to provide funds for San Pasqual (SPA) Admin Building project ($425,600). |

| |Cancel appropriations of $4,923,452 and related revenue in the Contributions to Capital Outlay Fund due to the final |

| |insurance settlement from CSAC – Excess Insurance Authority. |

| |Transfer appropriations of $475,000 from the Department of Health and Human Services Agency, Facilities Management, |

| |to Contributions to Capital Outlay Fund, Operating Transfer Out, to provide funds for San Pasqual (SPA) Admin |

| |Building project. |

| |Establish appropriations of $900,600 in the Capital Outlay Fund for Capital Project 1013689 – San Pasqual (SPA) Admin|

| |Building, based on an operating transfer from the General Fund. (4 VOTES) |

| |ACTION: |

| |ON MOTION of Supervisor Roberts, seconded by Supervisor Cox, the Board took action as recommended. |

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

| |

|14. |SUBJECT: |ADVOCATE FOR FEDERAL ACTION TO MITIGATE ENVIRONMENTAL IMPACTS IN THE TIJUANA RIVER VALLEY PARK |

| | |(DISTRICT: 1) |

| |OVERVIEW: |

| |The Tijuana River Valley (TJRV) is home to a 1,874-acre County Regional Park that offers a diverse array of |

| |environmentally sensitive habitats and provides much needed recreational opportunities for the public. The TJRV is |

| |also a popular venue for local agriculture and equestrian activities. However, the environmentally sensitive valley |

| |is threatened by constant and excessive flooding exacerbated by trash and debris flowing downstream from the other |

| |side of the border. |

| | |

| | |

| |The TJRV appears to be incurring increased damage as a consequence of the construction and design features associated|

| |with the border security fence recently completed by the federal government. Homeland security concerns were |

| |paramount in completing the border fence. As a result, the usual environmental considerations of building in such |

| |proximity to a sensitive ecosystem were not taken into account. We are now living with the unintended consequences |

| |of eroding slopes that clog the natural floodway of the Tijuana Valley River and create new costs for taxpayers. |

| | |

| |Today’s action would direct the Chief Administrative Officer to advocate for the federal government to develop, |

| |implement, and fund mitigation plans to address the trash and debris flowing downstream into the Tijuana River Valley|

| |from the other side of the border and the ecological impacts of the border fence. |

| |FISCAL IMPACT: |

| |There are no fiscal impacts associated with today’s action. |

| |BUSINESS IMPACT STATEMENT: |

| |N/A |

| |RECOMMENDATION: |

| |SUPERVISOR COX |

| |Direct the Chief Administrative Officer to advocate for the federal government to develop, implement, and fund |

| |mitigation plans to address trash and debris flowing downstream into the Tijuana River Valley from the other side of |

| |the border and the ecological impacts of the border fence. |

| |ACTION: |

| |ON MOTION of Supervisor Cox, seconded by Supervisor Roberts, the Board took action as recommended, on Consent. |

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

| |

|15. |SUBJECT: |NOTICED PUBLIC HEARING: |

| | |ISSUANCE OF OBLIGATIONS BY THE CALIFORNIA ENTERPRISE DEVELOPMENT AUTHORITY FOR SAN DIEGO |

| | |CHRISTIAN FOUNDATION, INC. IN AN AGGREGATE AMOUNT NOT TO EXCEED $6,000,000 (DISTRICT: 4) |

| |OVERVIEW: |

| |The County has received a request from the California Enterprise Development Authority (“CEDA”) to conduct a public |

| |hearing as required by the Internal Revenue Code and to approve CEDA’s issuance of revenue obligations in an |

| |aggregate principal amount not to exceed $6,000,000 (the “Obligations”), on behalf of the San Diego Christian |

| |Foundation, Inc. (the “Borrower”). The Borrower will use the proceeds of the Obligations to refinance the cost of |

| |acquiring, constructing, and improving of a 123-unit assisted and independent living facility located at 4282 Balboa |

| |Avenue, San Diego, California 92117 (the “Project”). |

| | |

| |CEDA is authorized to assist in financing of non-profit public benefit organizations wishing to issue tax-exempt |

| |revenue bonds, including the Borrower. In order to initiate such a financing, the member jurisdiction, 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 CEDA’s issuance of the Obligations. Although CEDA 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: |

| |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. |

| | |

| |San Diego Christian Foundation, Inc., the Borrower, will be responsible for the payment of all present and future |

| |costs in connection with the issuance of the Obligations. The County will incur no obligation of indebtedness as a |

| |result of these actions. |

| |BUSINESS IMPACT STATEMENT: |

| |N/A |

| |RECOMMENDATION: |

| |CHIEF ADMINISTRATIVE OFFICER |

| |Pursuant to Section 147(f) of the Internal Revenue Code, hold a public hearing regarding the financing of the |

| |Project. |

| | |

| |Adopt a resolution entitled: |

| | |

| |RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF SAN DIEGO APPROVING THE ISSUANCE BY THE CALIFORNIA ENTERPRISE|

| |DEVELOPMENT AUTHORITY OF ITS REVENUE OBLIGATIONS FOR THE BENEFIT OF SAN DIEGO CHRISTIAN FOUNDATION, INC. AND/OR A |

| |RELATED ENTITY IN AN AGGREGATE AMOUNT NOT TO EXCEED $6,000,000 FOR THE PURPOSE OF REFINANCING THE COST OF THE |

| |ACQUISITION, CONSTRUCTION, REHABILITATION, EQUIPPING AND FURNISHING OF CERTAIN PROPERTY, PROVIDING THE TERMS AND |

| |CONDITIONS FOR SUCH OBLIGATIONS AND OTHER MATTERS RELATING THERETO. |

| |ACTION: |

| |ON MOTION of Supervisor Cox, seconded by Supervisor Roberts, the Board closed the Hearing and took action as |

| |recommended, on Consent, adopting Resolution No. 09-230, entitled: RESOLUTION OF THE BOARD OF SUPERVISORS OF THE |

| |COUNTY OF SAN DIEGO APPROVING THE ISSUANCE BY THE CALIFORNIA ENTERPRISE DEVELOPMENT AUTHORITY OF ITS REVENUE |

| |OBLIGATIONS FOR THE BENEFIT OF SAN DIEGO CHRISTIAN FOUNDATION, INC. AND/OR A RELATED ENTITY IN AN AGGREGATE AMOUNT |

| |NOT TO EXCEED $6,000,000 FOR THE PURPOSE OF REFINANCING THE COST OF THE ACQUISITION, CONSTRUCTION, REHABILITATION, |

| |EQUIPPING AND FURNISHING OF CERTAIN PROPERTY, PROVIDING THE TERMS AND CONDITIONS FOR SUCH OBLIGATIONS |

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

| |

|16. |SUBJECT: |Resolution Regarding Vista Detention FACILITY TITLE AND Court FACILITIES Transfer (DISTRICTS: |

| | |ALL) |

| |OVERVIEW: |

| |The County is in the process of transferring title to certain trial court facilities to the State as authorized by |

| |your Board on September 16, 2008 (21). Because a lease to the now-dissolved Vista-County of San Diego Building |

| |Authority and a sublease back to the County remain of record despite the redemption of the certificates of |

| |participation supported by these leases and their automatic termination, the title insurer for the State requests |

| |that your Board adopt the attached resolution to clear title to the property. This action will permit the issuance |

| |of title insurance and allow the title transfer of the specified Vista property to go forward. |

| |FISCAL IMPACT: |

| |None by this action. |

| |BUSINESS IMPACT STATEMENT: |

| |N/A |

| |RECOMMENDATION: |

| |CHIEF ADMINISTRATIVE OFFICER |

| |Find that the proposed project is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA |

| |Guidelines Sections 15301, 15061(b)(3), and 15378(b) because the project consists of adoption of a resolution that |

| |will facilitate transfer of title for the continued operation of existing trial court facilities and County-owned |

| |properties with no expansion of use, there is no possible significant effect on the environment resulting from the |

| |transfers of existing facilities without change, and this action is a fiscal and administrative action that does not |

| |include a commitment to any specific project which may have a potentially significant environmental effect. |

| | |

| |Adopt the resolution entitled: |

| | |

| |RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF SAN DIEGO DECLARING THAT CERTAIN INDEBTEDNESS RELATED TO THE |

| |VISTA DETENTION FACILITY HAS BEEN DISCHARGED AND THAT AS A RESULT THEREOF THE LEASE AND SUBLEASE RELATED TO THAT |

| |INDEBTEDNESS HAVE TERMINATED, RENOUNCING ANY INTEREST IN THE LEASE AND SUBLEASE AND DECLARING THAT TITLE IN FEE |

| |SIMPLE TO THE PROPERTY CONVERED BY THE LEASE AND SUBLEASE VESTS SOLELY IN THE COUNTY OF SAN DIEGO |

| | |

| |Direct the Clerk of the Board of Supervisors to file a certified copy of the resolution with the County Recorder. |

| |ACTION: |

| |ON MOTION of Supervisor Cox, seconded by Supervisor Roberts, the Board took action as recommended, on Consent, |

| |adopting Resolution No. 09-231, entitled: RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF SAN DIEGO DECLARING|

| |THAT CERTAIN INDEBTEDNESS RELATED TO THE VISTA DETENTION FACILITY HAS BEEN DISCHARGED AND THAT AS A RESULT THEREOF |

| |THE LEASE AND SUBLEASE RELATED TO THAT INDEBTEDNESS HAVE TERMINATED, RENOUNCING ANY INTEREST IN THE LEASE AND |

| |SUBLEASE AND DECLARING THAT TITLE IN FEE SIMPLE TO THE PROPERTY CONVERED BY THE LEASE AND SUBLEASE VESTS SOLELY IN |

| |THE COUNTY OF SAN DIEGO. |

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

| |

|17. |SUBJECT: |EMPLOYEE BENEFIT CONTRACT AMENDMENTS (DISTRICTS: ALL) |

| |OVERVIEW: |

| |The County of San Diego provides its employees with innovative health benefit programs that ensure high quality |

| |services at the lowest rates. The proposed contract amendments are consistent with Memorandums of Understanding |

| |between the County of San Diego and labor organizations representing employees. |

| | |

| |Your Board is being requested to authorize the execution of negotiated contract renewals with the following vendors |

| |for the period beginning January 1, 2010 through December 31, 2010; Kaiser Permanente and Vision Service Plan (VSP), |

| |and further authorize the execution of any subsequent amendments to these contracts that do not materially alter the |

| |contract terms. |

| |FISCAL IMPACT: |

| |The County’s flexible benefit program provides a monthly allowance, which varies by bargaining unit, to employees to |

| |apply toward the cost of health, dental, vision, various supplemental insurance programs and flexible spending |

| |accounts. These programs are therefore funded by a combination of employee contributions and County contributions |

| |through its negotiated benefit program allowance. |

| | |

| |No additional staff years are required. |

| |BUSINESS IMPACT STATEMENT: |

| |N/A |

| |RECOMMENDATION: |

| |CHIEF ADMINISTRATIVE OFFICER |

| |Approve and authorize the Clerk of the Board to execute contracts and contract amendments, upon receipt, with the |

| |following medical and vision benefit providers for the period beginning January 1, 2010 through December 31, 2010: |

| |Kaiser Permanente Contract No. 517307 and Vision Service Plan (VSP) Contract No. 516008; and to execute amendments to|

| |these contracts as required through December 31, 2015 to reflect changes to services and funding allocations, subject|

| |to approval of the Director, Human Resources. |

| |ACTION: |

| |ON MOTION of Supervisor Cox, seconded by Supervisor Roberts, the Board took action as recommended, on Consent. |

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

| |

|18. |SUBJECT: |NOTICED PUBLIC HEARING: |

| | |CLERK OF THE BOARD OF SUPERVISORS FEES (DISTRICTS: ALL) |

| |OVERVIEW: |

| |This action introduces an ordinance amending Article X-A of the San Diego County Administrative Code relating to fees|

| |charged by the Clerk of the Board of Supervisors. |

| | |

| |The Clerk of the Board of Supervisors has improved the delivery of certain public services and is proposing to |

| |implement and revise fees related to passport photo services, copies of audio recordings, and photo copies of public |

| |records. Additionally, it is proposed that in order to provide faster and better service and reduce mailing and |

| |printing costs to modify previous Board of Supervisors action and direct the Clerk of the Board of Supervisors to |

| |discontinue hard copy mailing and make Board of Supervisors agenda, late agenda, and back-up materials available to |

| |the chairs and members of Community Planning and Sponsor Groups through the GovDelivery subscription service. |

| |FISCAL IMPACT: |

| |The proposed fee increases will ensure full cost recovery for services provided. If approved, this request will |

| |result in $3,000 in savings in the Board General Office budget, an increase of $18,000 in revenue in the Clerk of the|

| |Board of Supervisors budget, and will require no additional staff years. |

| |BUSINESS IMPACT STATEMENT: |

| |The proposed new fees are considered reasonable and too small to have a measurable impact on the local business |

| |community. |

| |RECOMMENDATION: |

| |CHIEF ADMINISTRATIVE OFFICER |

| |On November 3, 2009 (First Reading): |

| |Approve the introduction of ordinance (first reading), read title, and waive further reading of the ordinance |

| |entitled (Attachment A): |

| | |

| |AN ORDINANCE AMENDING ARTICLE X-A OF THE SAN DIEGO COUNTY ADMINISTRATIVE CODE BY REVISING SECTIONS 162.2, 162.3, AND |

| |REPEALING SECTION 160.6 OF THE ADMINISTRATIVE CODE RELATING TO FEES CHARGED BY THE CLERK OF THE BOARD OF SUPERVISORS |

| | |

| | |

| | |

| | |

| | |

| |To provide faster and better service and reduce mailing and printing costs, modify Board of Supervisors action of |

| |March 18, 1997, Minute Order No. 27, and direct the Clerk of the Board of Supervisors to discontinue hard copy |

| |mailing and make Board of Supervisors agenda, late agenda, and back-up materials available to the chairs and members |

| |of Community Planning and Sponsor Groups through the GovDelivery subscription service. |

| | |

| |If the Board takes the action recommended in item 1, then on December 8, 2009 (Second Reading): |

| | |

| |Submit the ordinance for further Board consideration and adoption (second reading) on December 8, 2009. |

| |ACTION: |

| |ON MOTION of Supervisor Cox, seconded by Supervisor Roberts, the Board closed the Hearing and took action as |

| |recommended, on Consent, introducing Ordinance for further Board consideration and adoption on December 8, 2009. |

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

| |

|19. |SUBJECT: |NOTICED PUBLIC HEARING: |

| | |SUNSET REVIEW OF BOARD OF SUPERVISORS POLICIES AND COUNTY ADMINISTRATIVE CODE ARTICLES ASSIGNED |

| | |TO THE FINANCE AND GENERAL GOVERNMENT GROUP (DISTRICTS: ALL) |

| |OVERVIEW: |

| |In accordance with Board of Supervisors Policy A-76, Sunset Review, the Finance and General Government 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 in Recommendations 4, 5, 6 and 7 require two steps, approval of the first reading |

| |of the Ordinances on November 3, 2009 and adoption of the Ordinances on December 8, 2009. |

| |FISCAL IMPACT: |

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

| |BUSINESS IMPACT STATEMENT: |

| |N/A |

| |RECOMMENDATION: |

| |CHIEF ADMINISTRATIVE OFFICER |

| |Determine no change is necessary and approve a new sunset review date of December 31, 2016 for the following Board of|

| |Supervisors Policies: |

| |A-4 Appointment of Directors to the California State Association of Counties |

| |A-5 Appointment of Committee Members to Various State Committees |

| |A-13 General Regulatory Regulation |

| |A-108 Service of Summons and Complaints on Members of the Board of Supervisors in Lawsuits Against Individual |

| |Supervisors in their |

| |Official Capacity |

| |A-120 Zero Tolerance for Fraudulent Conduct in County Services |

| |C-22 Sexual Harassment Policy |

| | |

| |Approve amendments to and new sunset review dates for the following Board of Supervisors Policies: |

| |A-76 Sunset Review Process |

| |B-5 Delinquent County Accounts - Small Claims Actions by the Auditor and Controller, Office of Revenue and |

| |Recovery |

| |B-71 Fund Balance and Reserves |

| | |

| |Approve the deletion of the following Board of Supervisors Policy: B-50 Authorization for the County |

| |Treasurer-Tax Collector to Act for the Board of Supervisors to Implement Revenue and Taxation Code Sections 3730, |

| |3730.1 and 3731 to Provide for Refunds Relating to Sales of Tax-defaulted Property. |

| | |

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

| | |

| |AN ORDINANCE AMENDING COUNTY OF SAN DIEGO ADMINISTRATIVE CODE ARTICLE V-A RELATING TO PROCESSING AND CERTIFICATION OF|

| |ROUTINE CLAIMS. |

| | |

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

| | |

| |AN ORDINANCE AMENDING COUNTY OF SAN DIEGO ADMINISTRATIVE CODE ARTICLE XXVII RELATING TO THE BOARD OF SUPERVISORS. |

| | |

| | |

| | |

| |If the Board takes the action requested in Recommendations 4 and 5, then on December 8, 2009 (Second Reading): |

| | |

| |Submit the Ordinances for further Board consideration and adoption (Second Reading). |

| |ACTION: |

| |ON MOTION of Supervisor Cox, seconded by Supervisor Roberts, the Board withdrew this item at the request of the Chief|

| |Administrative Officer. |

| | |

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

| |

|20. |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 OFFICER |

| |Note and File. |

| |ACTION: |

| |ON MOTION of Supervisor Cox, seconded by Supervisor Roberts, the Board took action as recommended, on Consent. |

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

| |

|21. |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 |

| |BUSINESS IMPACT STATEMENT: |

| |N/A |

| |RECOMMENDATION: |

| |CHAIRWOMAN JACOB |

| |Appoint Darwin "Todd" Williams to the Lakeside Design Review Board, Seat No. 4, for a term to expire November 3, |

| |2011. |

| | |

| |Appoint Travis Lyon to the Alpine Community Planning Group, Seat No. 14, for a term to expire January 3, 2011. |

| | |

| |Appoint Rachel Antle to the Descanso Community Planning Group, 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 Thomas H. |

| |Chapman to the Lake Cuyamaca Recreation and Park District, for a term to expire on October 11, 2013. |

| | |

| |Waive Board Policy A-74, Citizen Participation in County Boards, Commissions and Committees and re-appoint Robin |

| |Clegg to the Lakeside Design Review Board, Seat No. 2, for a term to expire November 3, 2011. |

| | |

| |Re-appoint Chad Enniss to the Lakeside Design Review Board, Seat No. 1, for a term to expire November 3, 2011. |

| | |

| |CHIEF ADMINISTRATIVE OFFICER |

| |Appoint Holly Martin to the Emergency Medical Care Committee, as the primary representative to the American Red |

| |Cross, for a term to expire November 3, 2012. |

| | |

| |Re-appoint Patricia Bull to the Emergency Medical Care Committee, as an alternate representative to the American Red |

| |Cross, for a term to expire February 23, 2012. |

| |ACTION: |

| |ON MOTION of Supervisor Cox, seconded by Supervisor Roberts, the Board took action as recommended, on Consent. |

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

| |

|22. |SUBJECT: |Neighborhood Reinvestment Grant Program and Community Enhancement Grant Program (DISTRICT: 3) |

| |OVERVIEW: |

| |Today’s action will allocate and amend grant funding from the Neighborhood Reinvestment Grant Program and Community |

| |Enhancement Grant Program in order to further public purposes throughout the County. |

| |FISCAL IMPACT: |

| |The current year total combined cost of these projects is $20,750. The funding source is the Neighborhood |

| |Reinvestment Grant Budget (Org 15660). This will result in the addition of no staff years and no future year costs. |

| |BUSINESS IMPACT STATEMENT: |

| |N/A |

| |RECOMMENDATION: |

| |VICE-CHAIRWOMAN SLATER-PRICE |

| |Allocate $10,000 from the Neighborhood Reinvestment Grant Budget (Org 15660) to the Rancho Coastal Humane Society to |

| |assist with costs for 400 pet microchips, a one-year supply of pet food, and construction materials for six shade |

| |structures at the Rancho Coastal Humane Society property located at 389 Requeza Street Encinitas, CA 92024. |

| | |

| |Allocate $3,500 from the Neighborhood Reinvestment Grant Budget (Org 15660) to the Pacific Beach Community |

| |Development Corporation to assist with costs for marketing, professional services, and safety equipment for the |

| |Pacific Beach Holiday Parade on Sunday, December 13, 2009. |

| | |

| |Amend the purpose of the June 24, 2008, Community Enhancement allocation of $20,000 to Pacific Beach Community |

| |Development Corporation to increase the amount of the allocation for the Pacific BeachFest 2008 from $15,000 to |

| |$20,000 and rescind the allocation of $5,000 for the PB Vintage Day. Authorize the Chief Financial Officer to amend |

| |the grant agreement accordingly. |

| | |

| | |

| | |

| |Allocate $3,750 from the Neighborhood Reinvestment Grant Budget (Org 15660) to the San Diego Air & Space Museum to |

| |assist with marketing, venue, and supply costs for the 46th Hall of Fame Induction and Gala on November 21, 2009 in |

| |San Diego, CA. |

| | |

| |Allocate $3,500 from the Neighborhood Reinvestment Grant Budget (Org 15660) to Del Mar Community Connections to |

| |assist with website maintenance and reconstruction costs, two refurbished computers, and the software for the Brain |

| |Fitness Training Package. |

| | |

| |Authorize the Chief Financial Officer to take all actions necessary 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. |

| | |

| |Find that the allocation described in item number 1 above is exempt from the California Environmental Quality Act |

| |(CEQA) pursuant to CEQA Guidelines section 15303. |

| | |

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

| |ACTION: |

| |ON MOTION of Supervisor Cox, seconded by Supervisor Roberts, the Board took action as recommended, on Consent. |

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

| |

|23. |SUBJECT: |CLOSED SESSION |

| |OVERVIEW: |

| |CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION |

| |(Subdivision (a) of Government Code section 54956.9) |

| |David Martin v. County of San Diego, et al.; United States District Court, Southern District, No. 03-CV-1788 IEG |

| |(WMC) |

| | |

| |CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION |

| |(Subdivision (a) of Government Code section 54956.9) |

| |County of San Diego v. The Pointe Development; San Diego Superior Court Case No. 37-2009-00069442-CU-BC-EC |

| | |

| |CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION |

| |(Subdivision (a) of Government Code section 54956.9) |

| |County of San Diego v. Atlas Homes, LLC; San Diego Superior Court Case No. GIE 034017 |

| |ACTION: |

| |Any reportable matters will be announced on Wednesday, November 4, 2009, prior to the Board of Supervisors Planning |

| |and Land Use meeting. |

| |

|24. |SUBJECT: |PRESENTATIONS/AWARDS |

| |OVERVIEW: |

| |Chairwoman Dianne Jacob, Vice Chairwoman Pam Slater-Price and Supervisor Bill Horn presented a proclamation honoring |

| |Library Friends Of San Diego County 2009 Essay Contest Winners. |

| | |

| |Chairwoman Dianne Jacob presented a proclamation declaring November 3, 2009, Prosecutor of the Year, |

| |Deputy District Attorney Tom Manning Day throughout the County of San Diego. |

| | |

| |Chairwoman Dianne Jacob presented a proclamation declaring November 3, 2009, Charles Nickle Award |

| |Recipient, Deputy District Attorney Laura Tanney Day throughout the County of San Diego. |

| | |

| |Chairwoman Dianne Jacob presented a proclamation declaring November 3, 2009, Outstanding Prosecutor, |

| |Deputy District Attorney Sophia Roach Day throughout the County of San Diego. |

| | |

| |Chairwoman Dianne Jacob presented a proclamation declaring November 3, 2009, Outstanding Prosecutor, |

| |Deputy District Attorney Lucy Weismantel Day throughout the County of San Diego. |

| | |

| |Chairwoman Dianne Jacob presented a proclamation declaring November 3, 2009, Outstanding Prosecutor, |

| |Deputy District Attorney Kim Lagotta Day throughout the County of San Diego. |

| | |

| |Chairwoman Dianne Jacob presented a proclamation declaring November 3, 2009, Edwin L. Miller Lifetime |

| |Achievement Award, Deputy District Attorney George Bennett Day throughout the County of San Diego. |

| | |

| |Vice Chairwoman Pam Slater-Price presented a proclamation declaring November 3, 2009, Kelly Kovacic Day throughout |

| |the County of San Diego. |

| | |

| |Vice Chairwoman Pam Slater-Price presented a proclamation honoring Volunteer of the Month – Jim Gale. |

| | |

| |Supervisor Bill Horn presented a proclamation honoring Veteran’s Day and declaring November 5, 2009 through November |

| |11, 2009, Veterans Week 2009 throughout the County of San Diego. |

| | |

| |Supervisor Ron Roberts presented a proclamation honoring the March of Dimes, San Diego-Imperial Division and Parents |

| |of Preemies and declaring the month of November 2009, Prematurity Awareness Month throughout the County of San Diego.|

There being no further business, the Board adjourned 11:40 a.m. in memory of Vincent Ninteman, Bill Poole, Walter Daniels, and Duward H. Mikesell.

THOMAS J. PASTUSZKA

Clerk of the Board of Supervisors

County of San Diego, State of California

Consent: Santos

Discussion: 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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