REGULAR MEETING OF



sTATEMENT OF pROCEEDINGSCounty of San Diego Board of SupervisorsREGULAR MEETINGMeeting agendaTUESDAY, APRIL 23, 2013, 09:00 A.MBoard of Supervisors North Chamber1600 Pacific Highway, Room 310, San Diego, CaliforniaREGULAR SESSION – Regular Meeting was called to order at 9:02 a.m.Present: Supervisors Greg Cox, Chairman; Dianne Jacob, Vice Chairwoman; Dave Roberts; Ron Roberts; Bill Horn; also Thomas J. Pastuszka, Clerk.Invocation was led by Pastor Bob Buschman from City View Church.Pledge of Allegiance was led by Captain Robert White, United States Navy (Ret.) and 2006 Veteran of the Year.Approval of Statement of Proceedings/Minutes for the meeting of the Regular Board of Supervisors on April 9, 2013.ACTION:ON MOTION of Supervisor Horn, seconded by Supervisor D. Roberts, the Board of Supervisors approved the Statement of Proceedings/Minutes for the meeting of the Board of Supervisors on April 9, 2013.AYES: Cox, Jacob, D. Roberts, R. Roberts, HornNOTICE: THE BOARD OF SUPERVISORS MAY TAKE ANY ACTION WITH RESPECT TO THE ITEMS INCLUDED ON THIS AGENDA. RECOMMENDATIONS MADE BY COUNTY STAFF DO NOT LIMIT ACTIONS THAT THE BOARD OF SUPERVISORS MAY TAKE. MEMBERS OF THE PUBLIC SHOULD NOT RELY UPON THE RECOMMENDATIONS IN THE BOARD LETTER AS DETERMINATIVE OF THE ACTION THE BOARD OF SUPERVISORS MAY TAKE ON A PARTICULAR MATTER.Board of Supervisors' Agenda ItemsCategoryAgenda #SubjectFinancial and General GovernmentPARTNERSHIP OPPORTUNITIES FOR OPERATION OF SAN DIEGO COUNTY FAIRGROUNDS APPOINTMENT OF MEMBERS UPON FORMATION OF A JPA FOR OPERATION OF SAN DIEGO COUNTY FAIRGROUNDSPublic SafetySHERIFF’S DEPARTMENT SOLE SOURCE PROCUREMENT OF ONE GAS CHROMATOGRAPH MASS SPECTROMETER (GCMS) SYSTEM AND UPGRADES TO THREE EXISTING GCMS SYSTEMS[FUNDING SOURCE(S): general purpose revenue] PROBATION DEPARTMENT – JUVENILE JUSTICE CRIME PREVENTION ACT[FUNDING SOURCE(S): combination of Vehicle License Fees (VLF) and State sales tax revenue allocated to the Enhancing Law Enforcement Activities Subaccount (ELEAS) of the Local Revenue Fund 2011]Health and Human ServicesTRANSFER OF HEALTHY FAMILIES PROGRAM CASES TO MEDI-CAL[FUNDING SOURCE(S): state and federal Medi-Cal and CalFresh Administration revenue]Community ServicesCAPITAL IMPROVEMENT NEEDS ASSESSMENT FISCAL YEARS 2013-2018 SHERIFF – APPROVAL IN PRINCIPLE FOR THE PURCHASE OF A PROPERTY FOR A NEW SUBSTATION IN LAKESIDE[FUNDING SOURCE(S): General Purpose Revenue] DEPARTMENT OF ANIMAL SERVICES - ACCEPTANCE OF GIFTS AND DONATIONS SECONd CONSIDERATION AND ADOPTION OF ORDINANCE: TIGHTENING THE COUNTY’S ROOSTER ORDINANCE: AMEND COUNTY CODE SECTION 62.692, ROOSTER REGULATIONS (3/19/2013 – Introduction of Ordinance; 4/23/2013 –Adoption of Ordinance)Financial and General GovernmentNOMINATIONS TO THE CALIFORNIA COASTAL COMMISSION SUPPORTING SENATE BILL 378 (BLOCK); ALLOWING ELECTRONICALLY DIGITIZED COPIES OF SPECIFIED RECORDS AS ADMISSABLE EVIDENCE IN COURT SUPPORTING SENATE BILL 543 (BLOCK); TREATING THEFT FROM ELDERS AND DEPENDENT ADULTS AS A QUALIFYING OFFENSE FOR INCREASED PUNISHMENTTAKING ADVANTAGE FOR FAVORABLE TAX DEDUCTIONS OR CREDITS AND OTHER INCENTIVE AND REBATE PROGRAMS ON COUNTY CAPITAL PROJECTSSOLE SOURCE ACQUISITION OF SERVICES TO UPGRADE THE COUNTY’S FINANCIAL PLANNING AND TRACKING SYSTEM (BRASS) TO MODERNIZE AND REPLACE THE CURRENT AGING TECHNOLOGY[FUNDING SOURCE(S): General Fund fund balance]Communications ReceivedCOMMUNICATIONS RECEIVEDAppointmentsAPPOINTMENTS: VARIOUSFinancial and General GovernmentSTATE RESPONSIBILITY AREA FIRE TAX LEGISLATIONFEDERAL LEGISLATION TO SAVE THE RAMONA AIRPORT TOWERClosed SessionCLOSED SESSIONPresentations/ AwardsPRESENTATIONS/AWARDSPublic CommunicationPUBLIC COMMUNICATION1.SUBJECT:PARTNERSHIP OPPORTUNITIES FOR OPERATION OF SAN DIEGO COUNTY FAIRGROUNDS (DISTRICTS: ALL)OVERVIEW:On October 31, 2012 (5) the Board directed the Chief Administrative Officer to open discussions with the 22nd District Agricultural Association to explore partnership opportunities with the County of San Diego for operational oversight of the San Diego County Fairgrounds and report back to the Board. The Chief Administrative Officer and County Counsel have been in discussions with representatives of the 22nd District Agricultural Association and the State of California as to what type of partnership opportunities may be available. The 22nd District Agricultural Association has proposed that the County of San Diego and the District enter into a Joint Exercise of Powers Agreement to create a Joint Powers Authority (Authority) pursuant to California Government Code sections 6500 et seq. Today’s requested action is to receive a report of discussions with the 22nd District Agricultural Association and provide further direction.Fiscal impact:There is no fiscal impact as a result of this action. Business impact statement:N/Arecommendation:CHIEF ADMINISTRATIVE OFFICERReceive report of discussions with the 22nd District Agricultural Association regarding formation of a Joint Powers Authority to operate and maintain the San Diego County Fairgrounds.Provide direction on whether to continue discussions with the 22nd District Agricultural Association for the purpose of drafting a Joint Powers Agreement to establish a Joint Powers Authority responsible for the operation and maintenance of the San Diego County Fairgrounds with a 14-member governing body consisting of nine (9) members of the 22nd District Agricultural Association and five (5) members appointed by the Board of Supervisors.ACTION:ON MOTION of Supervisor R. Roberts, seconded by Supervisor Cox, the Board took the following action: Received a report of discussions with the 22nd District Agricultural Association regarding formation of a Joint Powers Authority to operate and maintain the San Diego County Fairgrounds.Directed the Chief Administrative Officer to continue discussions with the 22nd District Agricultural Association for the purpose of drafting a Joint Powers Agreement to establish a Joint Powers Authority responsible for the operation and maintenance of the San Diego County Fairgrounds with a 14-member governing body consisting of nine (9) members of the 22nd District Agricultural Association and five (5) members appointed by the Board of Supervisors and return to the Board with an agreement in 60 days.AYES: Cox, Jacob, D. Roberts, R. Roberts, Horn2.SUBJECT:APPOINTMENT OF MEMBERS UPON FORMATION OF A JPA FOR OPERATION OF SAN DIEGO COUNTY FAIRGROUNDS (DISTRICTS: ALL)OVERVIEW:County staff has been discussing “partnership opportunities” with the 22nd District Agricultural Association pursuant to the Board of Supervisors direction on October 31, 2012(5). We understand that County staff will be bringing a proposal to the Board of Supervisors to create a Joint Powers Authority with the County and the 22nd District Agricultural Association as members. We also understand that the proposed governance structure will be a governing body consisting of nine (9) members of the 22nd District Agricultural Association Board of Directors and five (5) members to be appointed by the Board of Supervisors. If the Board of Supervisors supports this proposal, we believe that each District should be responsible for nominating one of the five Board appointees, subject to approval by the entire Board.Fiscal impact:There is no immediate fiscal impact as a result of this action. Business impact statement:N/Arecommendation:CHAIRMAN COX AND SUPERVISOR R. ROBERTSDirect the Chief Administrative Officer and County Counsel to include in the Joint Powers Agreement with the 22nd District Agricultural Association, should the County choose to enter into such an agreement, a provision that the Supervisor of each District shall nominate appointees to the Joint Powers Authority governing body, subject to approval by the Board of Supervisors. Nominees may be, but are not required to be, members of the Board of Supervisors.ACTION:ON MOTION of Supervisor R. Roberts, seconded by Supervisor Cox, the Board directed the Chief Administrative Officer and County Counsel to include in the Joint Powers Agreement with the 22nd District Agricultural Association a provision that the Supervisor of each District shall nominate appointees to the Joint Powers Authority governing body, subject to approval by the Board of Supervisors. Nominees may be, but are not required to be, members of the Board of Supervisors.AYES: Cox, Jacob, D. Roberts, R. Roberts, Horn3.SUBJECT:SHERIFF’S DEPARTMENT SOLE SOURCE PROCUREMENT OF ONE GAS CHROMATOGRAPH MASS SPECTROMETER (GCMS) SYSTEM AND UPGRADES TO THREE EXISTING GCMS SYSTEMS (DISTRICTS: ALL)OVERVIEW:The Crime Laboratory’s Controlled Substances Analysis Section processes over 5,000 cases every year. The chemical structure of thousands of suspected narcotic compounds is analyzed using Gas Chromatograph Mass Spectrometer (GCMS) systems. This analysis is crucial in supplying the forensic evidence necessary for criminal cases. One of the GCMS systems has reached the end of its useful life and needs to be replaced. Three other GCMS systems require upgrades which will extend their useful life. This action requests authorization for the sole source procurement of one Agilent 7890B/5977A GCMS system, and upgrades to three existing GCMS systems (two Hewlett-Packard 6890/5973A systems, and one Agilent 6980N/5973N system). Fiscal impact:Funds for this request are included in the Fiscal Year 2012-13 Operational Plan for the Sheriff's Department. If approved, this request will result in estimated current year costs and revenue of $121,387, and an annual maintenance cost of $400 after the end of the one year warranty period of the new instrument. The funding source is general purpose revenue. All existing GCMS are currently covered under a yearly maintenance contract. There will be no change in net General Fund cost and no additional staff years. Business impact statement:N/Arecommendation:SHERIFFIn accordance with Board Policy A-87, Competitive Procurement, approve and authorize the Director of Purchasing and Contracting to enter into negotiations with Agilent and, subject to successful negotiations and determination of fair and reasonable price, award a contract for the purchase of one Gas Chromatograph Mass Spectrometer (GCMS) system, and upgrades to three existing GCMS systems, and to amend the contract as needed to reflect changes to services and funding, subject to the approval of the Sheriff. Waive the advertising and competitive procurement requirements of Board Policy A-87. ACTION:ON MOTION of Supervisor R. Roberts, seconded by Supervisor D. Roberts, the Board took action as recommended, on Consent.AYES: Cox, Jacob, D. Roberts, R. Roberts, Horn4.SUBJECT:PROBATION DEPARTMENT – JUVENILE JUSTICE CRIME PREVENTION ACT (DISTRICTS: ALL)OVERVIEW:In 2001, the County of San Diego executed a Comprehensive Multi-Agency Juvenile Justice Plan (CMJJP) to support programs under the Juvenile Justice Crime Prevention Act (JJCPA). The CMJJP must be approved annually by your Board and the California Board of State and Community Corrections (BSCC). Funding for the JJCPA is State revenue allocated to the Local Revenue Fund 2011, Enhancing Law Enforcement Activities Subaccount as a result of Public Safety Realignment of 2011. Funding includes both Vehicle License Fees (VLF) and sales tax revenue. This is a request to authorize the County’s JJCPA application for continued funding and modifications to the CMJJP for Fiscal Year 2013-14 and to authorize acceptance of JJCPA funds of $8,716,233 for the period from October 1, 2013 to September 30, 2014.Fiscal impact:Funds for this request will be included in the Fiscal Year 2013-14 CAO Recommended Operational Plan. The funding source is a combination of Vehicle License Fees (VLF) and State sales tax revenue allocated to the Enhancing Law Enforcement Activities Subaccount (ELEAS) of the Local Revenue Fund 2011. If approved, this request will result in costs and revenue of $6,537,175 in Fiscal Year 2013-14 and $2,179,058 in Fiscal Year 2014-15 for a total of $8,716,233. There will be no change in net General Fund cost and no additional staff years.Funds will be budgeted in the Probation Department ($7,610,797) and in the Health and Human Services Agency ($1,105,436). There will be no change in net General Fund cost and no additional staff years.Business impact statement:N/Arecommendation:CHIEF ADMINISTRATIVE OFFICERAdopt a resolution entitled: A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF SAN DIEGO FOR THE JUVENILE JUSTICE CRIME PREVENTION ACT, which will authorize the Chief Probation Officer to modify the Comprehensive Multi-agency Juvenile Justice Plan.Authorize the acceptance of $8,716,233 in grant funds from the State of California, Local Revenue Fund 2011 for the period of October 1, 2013 through September 30, 2014 for JJCPA funding. Authorize the Chief Probation Officer to execute all required grant documents, including any annual extensions, amendments and/or revisions thereto that do not materially impact of alter the services of funding level.ACTION:ON MOTION of Supervisor R. Roberts, seconded by Supervisor D. Roberts, the Board took action as recommended, on Consent, adopting Resolution No. 13-037 entitled: A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF SAN DIEGO FOR THE JUVENILE JUSTICE CRIME PREVENTION ACT.AYES: Cox, Jacob, D. Roberts, R. Roberts, Horn5.SUBJECT:TRANSFER OF HEALTHY FAMILIES PROGRAM CASES TO MEDI-CAL (DISTRICTS: ALL)OVERVIEW:California’s Medi-Cal program provides basic health care safety net services to qualified, low-income residents of California. State law requires that County employees perform eligibility and enrollment services for the program. The County of San Diego’s Health and Human Services Agency (HHSA), under the direction and authority of the California Department of Health Care Services, manages approximately 171,732 cases comprised of 354,000 Medi-Cal recipients and process 13,800 new applications monthly. Historically, California’s Healthy Families Program has provided low cost health insurance for children who do not have insurance and do not qualify for no cost Medi-Cal. It included health, dental and vision coverage for enrollees. The Healthy Families Program was previously administered by the State’s Managed Risk Medical Insurance Board (MRMIB). The 2012-13 California State Budget called for the transition of approximately 880,000 Healthy Families program recipients statewide to the Medi-Cal program over a twelve-month period beginning in January 2013. As a result of this policy change, Counties are now responsible for the maintenance and transition of the Healthy Families Program recipients into Medi-Cal. Locally, this translates into an estimated 73,000 children being transferred to San Diego’s Medi-Cal caseload. Additionally, it is anticipated that 1,400 new Medi-Cal applications will be received each month during the twelve-month transition period. This new population will also be evaluated for CalFresh benefits.To handle this new responsibility, today’s item, if approved, will allow an increase of 265 positions. State and Federal Social Services Administrative revenues will be used to cover these additional costs. The transition of Healthy Families Program into Medi-Cal streamlines programs and facilitates the integration of health and nutrition service delivery, which is in line with the County’s Live Well, San Diego! initiative to promote healthy, safe and thriving communities. Fiscal impact:Funds for this request are not included in the Fiscal Year 2012-13 Operational Plan for the Health and Human Services Agency. If approved this request will result in costs and revenue of $3,146,327 in Fiscal Year 2012-13, and costs and revenue of $18,877,959 in FY 2013-14. The funding sources include state and federal Medi-Cal and CalFresh Administration revenue. There will be no change in net General Fund cost and 265 staff years added.Business impact statement:N/Arecommendation:CHIEF ADMINISTRATIVE OFFICERApprove the request to add 265 staff years to the Health and Human Services Agency to support services associated with the State’s transfer of the Healthy Families Program to Medi-Cal, and authorize the Department of Human Resources to appropriately classify these positions. Establish appropriations of $3,146,327 in the Health and Human Services Agency, salaries and benefits ($2,737,686), and services and supplies ($408,641), associated with the State’s transfer of the Healthy Families Program, based on available State and Federal Medi-Cal and CalFresh Administrative revenue. ACTION:ON MOTION of Supervisor R. Roberts, seconded by Supervisor D. Roberts, the Board took action as recommended, on Consent.AYES: Cox, Jacob, D. Roberts, R. Roberts, Horn6.SUBJECT:CAPITAL IMPROVEMENT NEEDS ASSESSMENT FISCAL YEARS 2013-2018 (DISTRICTS: ALL)OVERVIEW:The Facilities Planning Board, responsible for creating a consolidated and prioritized Capital Improvement Needs Assessment Program in conformance with the County's General Management System, has reviewed the Capital Improvement Needs Assessment presented for consideration. The Board is requested to approve the Capital Improvements Needs Assessment Program and refer it to the Chief Administrative Officer to determine timing and funding mechanisms to implement individual projects.Fiscal impact:This plan represents approximately $642.0 million in currently funded and approved projects, $15.2 million in recently completed projects, plus approximately $684.4 million in partially funded and unfunded priority major and minor capital projects, over the five-year time-frame of the Capital Improvement Needs Assessment. There is no fiscal impact associated with approval of the Capital Improvement Needs Assessment.Business impact statement:N/Arecommendation:CHIEF ADMINISTRATIVE OFFICERApprove the Capital Improvement Needs Assessment Program summarizing County of San Diego needs and projects for Fiscal Years 2013-2018, as filed with the Clerk of the Board, and refer it to the Chief Administrative Officer to determine timing and funding mechanisms for implementation of individual projects.ACTION:Noting for the record that two Errata sheets were submitted changing the fiscal impact from $572.8 million in partially funded and unfunded major and minor capital projects to $684.4 million and other technical changes to project descriptions, ON MOTION of Supervisor R. Roberts, seconded by Supervisor D. Roberts, the Board took action as recommended, on Consent.AYES: Cox, Jacob, D. Roberts, R. Roberts, Horn7.SUBJECT:SHERIFF – APPROVAL IN PRINCIPLE FOR THE PURCHASE OF A PROPERTY FOR A NEW SUBSTATION IN LAKESIDE (DISTRICT: 2)OVERVIEW:Since 1996, the Sheriff’s Lakeside facility has been located in 1,000 square feet of leased space in a retail center at 9750 Wintergardens Boulevard in Lakeside. The store-front facility is undersized, has no secured parking and is only open to the public four hours per day. Deputies serving the unincorporated areas of Lakeside and El Cajon are headquartered out of the County-owned Santee Station, which also provides law enforcement services to the City of Santee under a contract services agreement with the Sheriff. The Santee Station’s work space and parking is currently impacted, and will not be able to accommodate the increase in staffing needed to serve the projected population growth through 2030 in Santee and the unincorporated areas of Lakeside and El Cajon.The Board is requested to authorize the Department of General Services to conduct a site search and negotiate for the purchase of a suitable property for a new Sheriff’s Substation in Lakeside. Staff will return to the Board to request approval of the property purchase.Fiscal impact:Funds for this request are included in the Fiscal Year 2012-13 Operational Plan for the Sheriff’s Department. If approved, this request will result in current year costs of $15,000 for Department of General Services staff to conduct the site search, negotiations, and due diligence. The funding source is General Purpose Revenue. There will be no change in net General Fund cost and no additional staff years. Business impact statement:N/Arecommendation:CHIEF ADMINISTRATIVE OFFICERDirect the Director, Department of General Services or designee, to work with the Sheriff to identify the required building specifications and conduct a site search for properties suitable for a Sheriff’s substation in the Lakeside area.Approve in principle the purchase of a property in the Lakeside area for a Sheriff’s substation and authorize the Director, Department of General Services to execute an option agreement, negotiate the purchase of the required property, and return to the Board of Supervisors for approval of the purchase.ACTION:ON MOTION of Supervisor R. Roberts, seconded by Supervisor D. Roberts, the Board took action as recommended, on Consent.AYES: Cox, Jacob, D. Roberts, R. Roberts, Horn8.SUBJECT:DEPARTMENT OF ANIMAL SERVICES - ACCEPTANCE OF GIFTS AND DONATIONS (DISTRICTS: ALL)OVERVIEW:The Department of Animal Services has received numerous gifts from individuals and groups that are interested in promoting the health and well-being of animals in our communities. County of San Diego Administrative Code, Section 66, Acceptance of Gifts, permits the acceptance of gifts by the administrative head of each department of the County, some of which are subject to ratification by the Board of Supervisors. A report of all individual gifts not exceeding $5,000, and Board of Supervisors’ ratification of individual gifts over $5,000 is required. This action will accept the report on gifts of less than $5,000 received by the Department of Animal Services between the period of June 1, 2012, through December 31, 2012. These gifts total $49,042. In addition to this amount, the Department received a gift of $25,000 from the Thomas E. Westerman Trust that the Board is asked to ratify at this time. These generous donations, which total $74,042, will go to the “Spirit Veterinary Medical Trust Fund” to be used to help animals with serious injuries that the Department would not otherwise be able to treat.Fiscal impact:The Department of Animal Services received donations totaling $74,042 between June 1, 2012, and December 31, 2012. All donations received in this report go to the “Spirit Veterinary Medical Trust Fund” and are applied to the treatment of medically needy animals. There will be no change in net General Funds cost and no additional staff years.Business impact statement:N/Arecommendation:CHIEF ADMINISTRATIVE OFFICERIn accordance with Administrative Code, Section 66, Acceptance of Gifts, accept the Department of Animal Services Report of Gifts totaling $74,042 received during the period of June 1, 2012, through December 31, 2012, and ratify the acceptance of The Thomas E. Westerman Trust donation of $25,000 received in November 2012. Authorize the Chairman of the Board of Supervisors to sign a letter of appreciation on behalf of the County of San Diego to The Thomas E. Westerman Trust.ACTION:ON MOTION of Supervisor R. Roberts, seconded by Supervisor D. Roberts, the Board took action as recommended, on Consent.AYES: Cox, Jacob, D. Roberts, R. Roberts, Horn9.SUBJECT:SECONd CONSIDERATION AND ADOPTION OF ORDINANCE: TIGHTENING THE COUNTY’S ROOSTER ORDINANCE: AMEND COUNTY CODE SECTION 62.692, ROOSTER REGULATIONS (3/19/2013 – Introduction of Ordinance; 4/23/2013 –Adoption of Ordinance) (DISTRICTS: ALL)OVERVIEW:On March 19, 2013 (4), the Board of Supervisors introduced the Ordinance for further consideration and adoption on April 23, 2013.On December 4, 2012 (16), the Board of Supervisors directed the Chief Administrative Officer to explore options that would close a loophole in existing law which allows individuals to own an unlimited number of roosters if they are a member of an organization such as 4-H or Future Farmers of America (FFA). Staff met with the County 4-H advisor, and 4-H and FFA members and propose to close this loophole by amending County Code section 62.692. The amendment would require 4-H and FFA members who wish to own more roosters than are currently allowed by existing law to submit a written project plan detailing the purpose of the project, the duration of the project, and the number of male and female chickens involved in the project to their respective organizations. In the case of 4-H projects, the project would also be submitted to the County 4-H advisor, and the 4-H advisor would either approve the plan and provide the approval to the 4-H member or deny approval. The amendment would also allow an animal control officer, humane officer or peace officer to enter private property for inspection when the person entering has reasonable cause to believe that there is a violation of section 62.692.Amending County Code section 62.692 requires two steps. On March?19, 2013 the Board is requested to consider approving amendments to this section of the County Administrative Code. If the Board takes the recommended action on March 19, 2013, then on April 23, 2013, the Board will consider adopting an Ordinance Amending Section 62.692 of the San Diego County Code Relating to Rooster Regulations. The Ordinance would go into effect on May 23, 2013.Fiscal impact:There are no fiscal impacts associated with today’s recommendation. There will be no change in net General Fund cost, and no additional staff years. Business impact statement:N/Arecommendation:CHIEF ADMINISTRATIVE OFFICERFind that the project is exempt from the California Environmental Quality Act pursuant to CEQA Guidelines section 15061(b)(3) because it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.Adopt the Ordinance entitled:AN ORDINANCE AMENDING SECTION 62.692 OF THE SAN DIEGO COUNTY CODE RELATING TO ROOSTER REGULATIONS.ACTION:ON MOTION of Supervisor R. Roberts, seconded by Supervisor D. Roberts, the Board took action as recommended, on Consent, adopting Ordinance No. 10259 (N.S.), entitled: AN ORDINANCE AMENDING SECTION 62.692 OF THE SAN DIEGO COUNTY CODE RELATING TO ROOSTER REGULATIONS.AYES: Cox, Jacob, D. Roberts, R. RobertsNOES: Horn10.SUBJECT:NOMINATIONS TO THE CALIFORNIA COASTAL COMMISSION (DISTRICTS: ALL)OVERVIEW:Approve the following nominations to the California Coastal Commission:Board of Supervisors NominationsSupervisor Dave Roberts Supervisor Ron RobertsCounty of San Diego County of San Diego1600 Pacific Highway 1600 Pacific HighwaySan Diego, CA 92101 San Diego, CA 92101Supervisor Bill Horn County of San Diego 1600 Pacific Highway San Diego, CA 92101 City Council NominationsMayor Mike Nichols Councilmember David AlvarezCity of Solana Beach City of San Diego635 S. Highway 101 202 "C" Street, 10th FloorSolana Beach, CA 92075 San Diego, CA 92101Councilmember Pamela Bensoussan Councilmember Mary Salas City of Chula Vista City of Chula Vista 276 Fourth Avenue 276 Fourth Avenue Chula Vista, CA 91910 Chula Vista, CA 91910 Councilmember Esther SanchezCity of Oceanside300 N. Coast Highway Oceanside, CA 92054Fiscal impact:There is no fiscal impact associated with these nominations.Business impact statement:N/Arecommendation:CHAIRMAN GREG COXApprove the nominations recommended by members of the Board of Supervisors and the City Selection Committee.Direct the Chief Administrative Officer to submit these nominations to The Honorable John Perez, Speaker of the California Assembly.ACTION:ON MOTION of Supervisor R. Roberts, seconded by Supervisor D. Roberts, the Board took action as recommended, on Consent.AYES: Cox, Jacob, D. Roberts, R. Roberts, Horn11.SUBJECT:SUPPORTING SENATE BILL 378 (BLOCK); ALLOWING ELECTRONICALLY DIGITIZED COPIES OF SPECIFIED RECORDS AS ADMISSABLE EVIDENCE IN COURT (DISTRICTS: ALL)OVERVIEW:Current state law provides that an official record of a public entity is not made inadmissible by the hearsay rule and further allows an official record of conviction as admissible evidence under the hearsay exception. Senate Bill 378 (Block) would further provide that an electronic copy of specified records is admissible evidence in court under the hearsay exception for the same purposes as the official record. By allowing electronic copies of certain records to be included as evidence as opposed to the official record, the proposed law will save time and money. With today’s action the Chief Administrative Officer will add to the County’s legislative program this Board’s support for SB 378 (Block) as an advocacy priority.Fiscal impact:N/ABusiness impact statement:N/Arecommendation:CHAIRMAN GREG COX AND DISTRICT ATTORNEY BONNIE DUMANISDirect the Chief Administrative Officer to include support in the County's Legislative Program for state legislative efforts that would provide that electronically digitalized copies of records be included as evidence in court proceedings.Direct the Chief Administrative Officer to draft a letter expressing this Board of Supervisors'?support for State Senate Bill 378 to San Diego County's legislative representatives in Sacramento.ACTION:ON MOTION of Supervisor R. Roberts, seconded by Supervisor D. Roberts, the Board took action as recommended, on Consent.AYES: Cox, Jacob, D. Roberts, R. Roberts, Horn12.SUBJECT:SUPPORTING SENATE BILL 543 (BLOCK); TREATING THEFT FROM ELDERS AND DEPENDENT ADULTS AS A QUALIFYING OFFENSE FOR INCREASED PUNISHMENT (DISTRICTS: ALL)OVERVIEW:Existing state law provides for specific sentencing regimens for petty theft when the person convicted of the crime has three or more convictions of a qualifying offense, or is a registered sex offender or has been convicted of a prior serious crime or violent felony. Senate Bill 543 (Block) would add theft from an elder or dependent adult as a qualifying offense to the same sentencing regimens for petty theft mentioned above. This bill will expand the punishment for an existing crime and ensure that elders and dependent adults have increased protections. With today’s action the Chief Administrative Officer will add to the County’s legislative program this Board’s support for SB 543 (Block) as an advocacy priority.Fiscal impact:N/ABusiness impact statement:N/Arecommendation:CHAIRMAN GREG COX AND DISTRICT ATTORNEY BONNIE DUMANISDirect the Chief Administrative Officer to include support in the County's Legislative Program for state legislative efforts that would include "theft from an elder or dependent adult" as a qualifying offense for sentencing procedures for petty theft.Direct the Chief Administrative Officer to draft a letter expressing this Board of Supervisors'?support for State Senate Bill 543 to San Diego County's legislative representatives in Sacramento.ACTION:ON MOTION of Supervisor R. Roberts, seconded by Supervisor D. Roberts, the Board took action as recommended, on Consent.AYES: Cox, Jacob, D. Roberts, R. Roberts, Horn13.SUBJECT:TAKING ADVANTAGE OF FAVORABLE TAX DEDUCTIONS OR CREDITS AND OTHER INCENTIVE AND REBATE PROGRAMS ON COUNTY CAPITAL PROJECTS (DISTRICTS: ALL)OVERVIEW:As the County continues to undertake capital projects it is important to consider and take advantage of tax deductions or credits and other incentive and rebate programs that benefit the County. Certain tax deductions or credits and other incentive and rebate programs exist in which public agencies like the County cannot directly participate, but the County may benefit by assigning those credits to the designer/developer of a County project. This creates a potential cost savings to the County, while creating a mutually beneficial relationship between local businesses and the County. Through the application of Internal Revenue Code Section 179D for example, the County was able to pass more than $700,000 in energy-efficient building tax deductions to Lowe Enterprises for the development of Phase 1A and 1B of the San Diego County Operations Center (COC) which will eventually result in more than $350,000 in credits back to the project based on a 50/50 sharing agreement. The County has also directly taken advantage of other incentive and rebate programs which have resulted in over $900,000 in revenue to the County for the COC project. A Board Policy does not currently exist that encourages or authorizes participation in these types of programs. With today’s action, the Chief Administrative Officer will draft a Board Policy that reinforces the County’s commitment to participating in tax deductions or credits and other incentive and rebate programs on County capital projects whenever it is financially beneficial for the County. Fiscal impact:There is no fiscal impact associated with today’s action. However, there are potential undetermined cost savings to the County on capital projects through the use of tax deductions or credits and other incentive and rebate programs under the authority of a Board Policy.Business impact statement:By creating a Board Policy that reinforces our Board’s commitment to working with private industry in taking advantage of tax deductions or credits and other incentive and rebate programs on County capital projects, private businesses will benefit from decreased taxes while the County benefits from potential cost savings on capital projects.recommendation:CHAIRMAN GREG COXDirect the Chief Administrative Officer to draft a Board Policy that reinforces the Board’s commitment to working with private contractors to take advantage of favorable tax deductions or credits and other incentive and rebate programs on County capital projects, and return to the Board within 90 days for the Board’s consideration.ACTION:ON MOTION of Supervisor R. Roberts, seconded by Supervisor D. Roberts, the Board took action as recommended, on Consent.AYES: Cox, Jacob, D. Roberts, R. Roberts, Horn14.SUBJECT:SOLE SOURCE ACQUISITION OF SERVICES TO UPGRADE THE COUNTY’S FINANCIAL PLANNING AND TRACKING SYSTEM (BRASS) TO MODERNIZE AND REPLACE THE CURRENT AGING TECHNOLOGY (DISTRICTS: ALL)OVERVIEW:The County of San Diego’s current financial planning and tracking system, BRASS, is at the end of its functional and technological life. BRASS is a client/server application that requires a middleware program, Citrix, in order to run from a remote HP data center. There are technological risks associated with maintaining the BRASS application in the County of San Diego’s evolving IT environment. CGI Technologies and Solutions, Inc. (CGI), the BRASS software vendor, has indicated that while they currently are supporting BRASS, they will no longer make any enhancements to the application, and cannot certify BRASS to run using newer database management systems that the County anticipates using. It is also unknown how long CGI will continue to provide BRASS support, and what, if any, issues will be encountered when the County migrates to the Windows 7 OS on desktop PCs.CGI has developed a new, web-based replacement product for BRASS known as Performance Budgeting (PB) which provides enhanced budgeting functionality on a web-based platform. Moving from a client/server to a web-based platform will streamline the technology and will also be in line with the County’s current technological environment. In addition, upgrading to PB is far less risky than implementing a new product as CGI provides tools to simplify the upgrade process. This is a request to authorize a sole source agreement with CGI Technologies and Solutions, Inc. for acquisition of services for the upgrade to Performance Budgeting, and five years of maintenance for this program. CGI is the sole provider of its proprietary Performance Budgeting software and services and does not utilize any reseller.Fiscal impact:Funds for this request are included in the Fiscal Year 2012-13 Operational Plan for the Auditor and Controller. If approved, this request will result in Fiscal Year 2012-13 costs of $1,215,523, and Fiscal Year 2013-14 costs of $329,608. The funding source is General Fund fund balance. There will be no additional staff years.Business impact statement:N/Arecommendation:CHIEF ADMINISTRATIVE OFFICERIn accordance with Board Policy A-87, Competitive Procurement, approve and authorize the Director, Department of Purchasing and Contracting, to enter into negotiations with CGI Technologies and Solutions, Inc.; and subject to successful negotiations and determination of a fair and reasonable price, award a fixed price contract for upgrade, licensing and maintenance services for the County’s Financial Planning and Tracking System. Waive the advertising requirement of Board Policy A-87, Competitive Procurement.ACTION:ON MOTION of Supervisor R. Roberts, seconded by Supervisor D. Roberts, the Board took action as recommended, on Consent.AYES: Cox, Jacob, D. Roberts, R. Roberts, Horn15.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/ABusiness impact statement:N/Arecommendation:CHIEF ADMINISTRATIVE OFFICERNote and file.ACTION:ON MOTION of Supervisor R. Roberts, seconded by Supervisor D. Roberts, the Board took action as recommended, on Consent.AYES: Cox, Jacob, D. Roberts, R. Roberts, Horn16.SUBJECT:APPOINTMENTS: VARIOUS (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/ABusiness impact statement:N/Arecommendation:VICE-CHAIRWOMAN JACOBAppoint Juliana Bugbee to the LAKESIDE DESIGN REVIEW BOARD, Seat No. 2, for a term to expire November 3, 2013.Waive Board Policy A-74, "Citizen Participation in County Boards, Commissions and Committees," and re-appoint Russell Rodvold to the LAKESIDE DESIGN REVIEW BOARD, Seat No. 7, for a term to expire April 17, 2015.Appoint Anne Steinemann to the PINE VALLEY COMMUNITY PLANNING GROUP, Seat No. 11, for a term to expire January 2, 2017.Appoint Brandon Charles Perry to the PINE VALLEY COMMUNITY PLANNING GROUP, Seat No. 13, for a term to expire January 2, 2017.Appoint Dorothy M. Haskins to the PINE VALLEY COMMUNITY PLANNING GROUP, Seat No. 7, for a term to expire January 2, 2017.SUPERVISOR HORNAppoint Larry D. Dershem to the COUNTY HEARING OFFICERS, Seat No. 9 for a term to expire January 5, 2015.Appoint Al Stehly to the EYE GNAT ABATEMENT APPEALS BOARD, Seat No. 5, for a term to expire April 23, 2017.Re-appoint Tom Beltran to the BORREGO SPRINGS SPONSOR GROUP, Seat No. 1, for a term to expire January 2, 2017.Re-appoint Abby King to the BORREGO SPRINGS SPONSOR GROUP, Seat No. 11, for a term to expire January 2, 2017.Appoint Rebecca Falk to the BORREGO SPRINGS SPONSOR GROUP, Seat No. 2, for a term to expire January 5, 2015.Re-appoint Sam S. Webb to the BORREGO SPRINGS SPONSOR GROUP, Seat No. 5, for a term to expire January 2, 2017.Re-appoint Judy Haldeman to the BORREGO SPRINGS SPONSOR GROUP, Seat No. 9, for a term to expire January 2, 2017.Re-appoint Leah T. Kapp to the HIDDEN MEADOWS COMMUNITY SPONSOR GROUP, Seat No. 3, for a term to expire January 2, 2017.Re-appoint Carl Wayne Dauber to the HIDDEN MEADOWS COMMUNITY SPONSOR GROUP, Seat No. 5, for a term to expire January 2, 2017.Re-appoint Jack D. Cox to the HIDDEN MEADOWS COMMUNITY SPONSOR GROUP, Seat No. 7, for a term to expire January 2, 2017.Re-appoint Bret A. Sealey to the HIDDEN MEADOWS COMMUNITY SPONSOR GROUP, Seat No. 9, for a term to expire January 2, 2017.Appoint Erik Chapman to the TWIN OAKS VALLEY SPONSOR GROUP, Seat No. 3, for a term to expire January 2, 2017.Appoint Marc A. Froning to the TWIN OAKS VALLEY SPONSOR GROUP, Seat No. 4, for a term to expire January 5, 2015.CHIEF ADMINISTRATIVE OFFICERAppoint James B. Lasswell to the CITIZENS' LAW ENFORCEMENT REVIEW BOARD (CLERB), Seat No. 11, for a term to expire June 30, 2013.ACTION:ON MOTION of Supervisor R. Roberts, seconded by Supervisor D. Roberts, the Board took action as recommended, on Consent.AYES: Cox, Jacob, D. Roberts, R. Roberts, Horn17.SUBJECT:STATE RESPONSIBILITY AREA FIRE TAX LEGISLATION (DISTRICTS: ALL)OVERVIEW:The State Responsibility Area (SRA) Fire Prevention Benefit Tax was enacted following the signing of Assembly Bill X1 29 in July of 2011. The law approved the annual fire prevention tax within the SRA to pay for state fire prevention services. The tax is levied at the rate of $150 per habitable structure, which is defined as a building that can be occupied for residential use. Owners of habitable structures who are also within the boundaries of a local fire protection agency will receive a reduction of $35 per habitable structure, but they must pay the tax in addition to what they pay their fire protection agency. The tax does nothing to bolster fire protection or improve response times within the SRA. This Board unanimously voted to oppose the SRA tax, as have numerous other counties and taxpayer advocacy groups. The SRA tax is currently being challenged in court by the Howard Jarvis Taxpayers Association.There are several bills circulating in the Legislature addressing this tax. Assembly Bill 23 (AB 23) and Assembly Bill 124 (AB 124) would both repeal the SRA tax. Assembly Bill 468 (AB 468) would repeal the SRA tax and replace it with a broader 4.8 percent surcharge on all property insurance bills paid by California property owners, essentially replacing one bad tax with another. The action today will put this Board on record in support of AB 23 and AB 124 and in opposition of AB 468.Fiscal impact:There is no fiscal impact associated with this action.Business impact statement:N/Arecommendation:VICE-CHAIRWOMAN DIANNE JACOB AND SUPERVISOR BILL HORNDirect the Chief Administrative Officer (CAO) to draft a letter communicating this Board of Supervisors’ support of State Assembly Bill 23 (Donnelly) and State Assembly Bill 124 (Morrell) to San Diego County’s legislative representatives in Sacramento and to the appropriate members of the State Legislature and Administration.Direct the CAO to draft a letter expressing this Board of Supervisors’ opposition to State Assembly Bill 468 (Chesbro) to San Diego County’s legislative representatives in Sacramento and to the appropriate members of the State Legislature and Administration.ACTION:ON MOTION of Supervisor R. Roberts, seconded by Supervisor D. Roberts, the Board took action as recommended, on Consent.AYES: Cox, Jacob, D. Roberts, R. Roberts, Horn18.SUBJECT:FEDERAL LEGISLATION TO SAVE THE RAMONA AIRPORT TOWER (DISTRICTS: ALL)OVERVIEW:On March 12, 2013, the Board of Supervisors registered opposition to the closing of the Ramona Airport Air Traffic Control Tower (ATCT) after learning that the tower could possibly be shut down as a result of the federal government’s sequestration. Despite the fact that the airport serves as an air attack base for CAL FIRE and U.S. Forest Service firefighting aircraft, the FAA announced on March 22, 2013 that Ramona Airport was one of 149 airports that would lose ATCT funding. On April 5, 2013 the FAA delayed the closure of the towers until June 15, 2013. S. 687 is a bi-partisan piece of legislation which will prohibit the closure of air traffic control towers (ATCT) in FY 2013 and FY 2014. H.R. 1432 will transfer funding within the Federal Aviation Administration (FAA) to keep the towers open. Today’s action would register this Board of Supervisors’ support for S. 687 and H.R. 1432, and add to the County Legislative Program support for maintaining air traffic control towers at County airports.Fiscal impact:There is no fiscal impact associated with this action.Business impact statement:N/Arecommendation:VICE-CHAIRWOMAN DIANNE JACOB AND SUPERVISOR RON ROBERTS Direct the Chief Administrative Officer (CAO) to draft a letter expressing this Board of Supervisors’ support for S. 687 and H.R. 1432 to the appropriate members of the United States Congress and the federal administration.Direct the CAO to include support in the County’s Legislative Program for state or federal legislative efforts that would maintain air traffic control towers at County airports.ACTION:ON MOTION of Supervisor R. Roberts, seconded by Supervisor D. Roberts, the Board took action as recommended, on Consent.AYES: Cox, Jacob, D. Roberts, R. Roberts, Horn19.SUBJECT:CLOSED SESSION (DISTRICTS: ALL)OVERVIEW:CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION(Subdivision (a) of Government Code section 54956.9)County of San Diego v. R. L. Herron, et al.; San Diego County Superior Court No. 37-2012-00057316-CU-EI-NC CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATIONSignificant exposure to litigation pursuant to paragraph 2 of subdivision (d) of Government Code section 54956.9: (Number of Potential Cases – 1)CONFERENCE WITH LABOR NEGOTIATORS(Government Code section 54957.6)Designated Representatives: Don Turko, Jeannine SeherEmployee Organizations: AllACTION:Any reportable matters will be announced on Wednesday, April 24, 2013, prior to the start of the Board of Supervisors Planning and Land Use meeting.20.SUBJECT:PRESENTATIONS/AWARDS (DISTRICTS: ALL)OVERVIEW:Chairman Greg Cox presented a proclamation declaring April 23, 2013, Administrative Professionals Day throughout the County of San Diego honoring The 61st Annual Administrative Professionals Day.Chairman Greg Cox presented a proclamation declaring April 23, 2013, Administrative Professionals Day throughout the County of San Diego honoring the 2013 Administrative Professionals Day.Vice-Chairwoman Dianne Jacob presented a proclamation declaring April 23, 2013, Dudley’s Bakery Day throughout the County of San Diego.21.SUBJECT:PUBLIC COMMUNICATION (DISTRICTS: ALL)OVERVIEW:Edward Espinoza spoke to the Board requesting an opportunity to speak with a representative from Vice Chairwoman Jacob’s office.Christopher Wood, Chris Loeffler, David Garcias, Dee Meyers, Linda Correa, Nancy Woodford, Carole Keaton, Heidi Klein and Larry Alchoff spoke to the Board regarding contract negotiations with Service Employees International Union (SEIU).ACTION:Heard, referred to the Chief Administrative Officer.There being no further business, the Board adjourned at 11:58 a.m. in memory of Jennifer Adams-Brooks, Graham Downes, Alice Bernice Hester Duff, Ruth Ellen Phillips, and Guinette Beckstrom.THOMAS J. PASTUSZKAClerk of the Board of SupervisorsCounty of San Diego, State of CaliforniaConsent: VizcarraDiscussion: PanfilNOTE: 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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