COUNTY OF SAN DIEGO BOARD OF SUPERVISORS



STATEMENT OF PROCEEDINGS

COUNTY OF SAN DIEGO BOARD OF SUPERVISORS

REGULAR MEETING

TUESDAY, JUNE 23, 2009, 9:00 AM

Board of Supervisors North Chamber

1600 Pacific Highway, Room 310, San Diego, California

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

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

Invocation by Pastor John Ross, Senior Pastor at Cloud 9 Worship Center in Spring Valley.

Pledge of Allegiance to the Flag led by Nigel Truelove a sixth grader at Flying Hills Elementary in El Cajon.

Approval of Board of Supervisors Statement of Proceedings/Minutes for meeting of June 16, 2009.

ACTION:

ON MOTION of Supervisor Slater-Price, seconded by Supervisor Horn, the Board of Supervisors approved the Statement of Proceedings/Minutes for the meetings of June 16, 2009.

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

Public Communication: [No Speakers]

|Time |Item |Subject |

| | | |

|2:00 P.M. |19. |BUDGET DELIBERATIONS |

| | |(TIME CERTAIN: 2:00 P.M.) |

|Public Safety |1. |SHERIFF – MEMORANDUM OF UNDERSTANDING FOR THE SAN DIEGO REGIONAL COMMAND AND CONTROL |

| | |COMMUNICATIONS (3Cs) PROGRAM |

| | |[FUNDING SOURCE(S): GENERAL PURPOSE REVENUE] |

| |2. |DISTRICT ATTORNEY – RESTITUTION FOR VICTIMS - CONTRACTS WITH THE STATE OF CALIFORNIA |

| | |VICTIM COMPENSATION AND GOVERNMENT CLAIMS BOARD |

| | |[FUNDING SOURCE(S): REVENUE FROM THE CALIFORNIA VICTIM COMPENSATION AND GOVERNMENT |

| | |CLAIMS BOARD (STATE BOARD) AND GENERAL PURPOSE REVENUES ALLOCATED TO THE DISTRICT |

| | |ATTORNEY’S OFFICE] |

| |3. |PROBATION - JUVENILE JUSTICE CRIME PREVENTION ACT GRANT RATIFICATION AND TRUST FUND |

| | |ESTABLISHMENT |

| | |[FUNDING SOURCE(S): JUVENILE JUSTICE CRIME PREVENTION ACT FROM THE CALIFORNIA STATE |

| | |CORRECTIONS STANDARDS AUTHORITY FOR THE PERIOD FROM 10/1/09 TO 9/30/10] |

| |4. |REQUEST TO NEGOTIATE AND EXECUTE A CONTRACT TO PROVIDE JUVENILE DEPENDENCY |

| | |REPRESENTATION |

| | |[FUNDING SOURCE(S): CALIFORNIA ADMINISTRATIVE OFFICE OF THE COURTS] |

|Health and Human Services |5. |NOTICED PUBLIC HEARING: |

| | |HEALTH AND HUMAN SERVICES AGENCY OFFICE OF VITAL RECORDS AND STATISTICS - FEE |

| | |ORDINANCE |

| |6. |MENTAL HEALTH SERVICES ACT PREVENTION AND EARLY INTERVENTION PROCUREMENT FOR OLDER |

| | |ADULT AND CHILDREN’S MENTAL HEALTH PROGRAMS |

| | |[FUNDING SOURCE(S): MENTAL HEALTH SERVICES ACT, FFP ADMIN, AND MENTAL HEALTH |

| | |REALIGNMENT] |

| |7. |ACCEPTANCE OF DONATIONS FOR ENHANCED FOSTER YOUTH SERVICES |

| |8. |HIV/AIDS AND STD REVENUE AND APPLICATIONS |

| | |[FUNDING SOURCE(S): FOR RWTMA - FEDERAL RWTMA; FOR STD REVENUE AGREEMENT - STATE OF |

| | |CALIFORNIA OFFICE OF PUBLIC HEALTH] |

|Financial and General Government |9. |Legislative Support for Resources to Combat Border Related Violence |

| |10. |Local Community Projects Grants (DISTRICT: 3) |

| | |[FUNDING SOURCE(S): COMMUNITY PROJECTS BUDGET (ORG 15660)] |

| |11. |NOTICED PUBLIC HEARING: |

| | |ADOPTION OF A RESOLUTION ESTABLISHING COUNTY COUNSEL HOURLY BILLING RATES FOR ATTORNEY|

| | |AND PARALEGAL SERVICES |

| |12. |FISCAL YEAR 2008-09 FOURTH QUARTER CAPITAL PROGRAM ADJUSTMENTS |

| | |(4 VOTES) |

| |13. |AMENDMENT TO THE COMPENSATION ORDINANCE RELATING TO REDUCED RETIREMENT BENEFITS FOR |

| | |NEW EMPLOYEES (First Reading – 06/23/09:Second Reading – 07/21/09) |

| |14. |REDUCED RETIREMENT BENEFITS FOR NEW EMPLOYEES (First Reading – 06/23/09: Second |

| | |Reading – 07/21/09) |

| |15. |FILLING THE VACANCY OF THE SAN DIEGO COUNTY ELECTIVE OFFICE OF SHERIFF |

| | | |

| | |Note: This item was withdrawn by the Board of Supervisors at the Meeting of 6/16/09 |

| |16. |ADMINISTRATIVE ITEM: |

| | |SECOND CONSIDERATION AND ADOPTION OF ORDINANCE: AMENDMENTS TO THE COMPENSATION |

| | |ORDINANCE RELATING TO THE RATIFIED AGREEMENT FOR TWO EMPLOYEE BARGAINING UNITS |

| | |REPRESENTED BY THE DEPUTY SHERIFFS’ ASSOCIATION OF SAN DIEGO COUNTY (First Reading – |

| | |06/16/09; Second Reading – 06/23/09) |

| | |[FUNDING SOURCE(S): A COMBINATION OF PROGRAM REVENUES AND GENERAL PURPOSE REVENUES] |

|Communications Received |17. |COMMUNICATIONS RECEIVED |

| | | |

|Appointments |18. |ADMINISTRATIVE ITEM: |

| | |APPOINTMENTS |

|Financial and General Government |19. |BUDGET DELIBERATIONS |

| | |(TIME CERTAIN: 2:00 P.M.) |

| |20. |Prohibiting Medical Marijuana Dispensaries in the Unincorporated Area |

| |21. |SUPPORT FOR UC SAN DIEGO GRANT PROPOSAL |

| |22. |OPPOSITION TO SAN DIEGO GAS AND ELECTRIC’S POWER SHUT-OFF PLAN |

| |23. |ALLOCATION OF COMMUNITY PROJECTS FUNDS (DISTRICT: 5) |

| | |[FUNDING SOURCE(S): COMMUNITY PROJECTS BUDGET (ORG 15670)] |

| | |(4 VOTES) |

| |24. |ADMINISTRATIVE ITEM: |

| | |SECOND CONSIDERATION AND ADOPTION OF ORDINANCE: REVISED AMBULANCE FEES IN COUNTY |

| | |SERVICE AREAS 69 AND 17 |

| |25. |ALLOCATION OF COMMUNITY PROJECTS FUNDS (DISTRICT: 4) |

| | |(4 VOTES) |

|Closed Session |26. |CLOSED SESSION |

|Presentations/Awards |27. |PRESENTATIONS/AWARDS |

|1. |SUBJECT: |SHERIFF – MEMORANDUM OF UNDERSTANDING FOR THE SAN DIEGO REGIONAL COMMAND AND CONTROL |

| | |COMMUNICATIONS (3Cs) PROGRAM (DISTRICTS: ALL) |

| |OVERVIEW: |

| |After the devastating wildfires of 2003, the City of San Diego and the County collaborated to improve regional |

| |communications and information sharing during emergencies and disasters. The Regional Command and Control |

| |Communications (3Cs) Program began as a grant funded project in 2005 to create a secure wireless data microwave radio|

| |communications network for law enforcement and fire services agencies which can also link together the Emergency |

| |Operations Centers of the City, County, and the local California Department of Forestry and Fire Protection (CAL |

| |Fire). A Memorandum of Understanding (MOU) is necessary to establish the roles and responsibilities of the parties |

| |and to set forth the operational and administrative structures and policies. |

| | |

| |This is a request to authorize the Sheriff to execute the MOU for the San Diego |

| |Regional Command and Control Communications Program. |

| |FISCAL IMPACT: |

| |Funds for this request are included in the CAO Proposed Fiscal Year 2009-11 Operational Plan. The funding source is |

| |General Purpose Revenue. The estimated annual cost to operate and maintain the Sheriff’s Department’s portion of the |

| |San Diego Regional Command and Control Communications system is $380,000 and will require zero additional staff |

| |years. |

| |BUSINESS IMPACT STATEMENT: |

| |N/A |

| |RECOMMENDATION: |

| |SHERIFF |

| |Approve and authorize the Sheriff to execute the Memorandum of Understanding for the San Diego Regional Command and |

| |Control Communications Program and any extensions or amendments that do not materially change the terms of the |

| |agreement or the funding levels. |

| | |

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

| |ACTION: |

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

| |Consent. |

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

| |

|2. |SUBJECT: |DISTRICT ATTORNEY – RESTITUTION FOR VICTIMS- CONTRACTS WITH THE STATE OF CALIFORNIA VICTIM |

| | |COMPENSATION AND GOVERNMENT CLAIMS BOARD (DISTRICTS: ALL) |

| |OVERVIEW: |

| |This is a request to ratify the District Attorney’s acceptance of three contracts with the California Victim |

| |Compensation and Government Claims Board (State Board). The Criminal Restitution Compact agreement in the amount of |

| |$ 314,493 is for the period July 1, 2009 through June 30, 2010 and the Joint Power Verification Unit agreement in the|

| |amount of $ 1,776,795 is for the period July 1, 2009 through June 30, 2012. The Funeral/Burial and Domestic Violence |

| |Relocation Emergency Fund (FBDVR) contract is for the period July 1, 2009 through June 30, 2011. If approved, |

| |this request will support the District Attorney’s Restitution Enforcement Program which in partnership with San Diego|

| |Superior Court serves those citizens who have been the victims of crime. |

| |FISCAL IMPACT: |

| |Funds for this request are included in the CAO Proposed Fiscal Year 2009-11 Operational Plan for the District |

| |Attorney’s Office. If approved, this request will result in costs of $1,105,765 offset by $ 906,758 in revenue for a|

| |net cost of $199,007 in Fiscal Year 2009-10 and costs of $1,127,880 offset by $906,758 in revenue for a net cost of |

| |$221,122 in Fiscal Year 2010-11. The funding source is revenue from the California Victim Compensation and |

| |Government Claims Board (State Board) and general purpose revenues allocated to the District Attorney’s Office. No |

| |additional staff years are required. In addition, advanced funds in the amount of $ 200,000, to be used for victim |

| |restitution claims for the FBDVR, are held in a trust fund. The funding source is also revenue from the California |

| |Victim Compensation and Government Claims Board. |

| |BUSINESS IMPACT STATEMENT: |

| |N/A |

| |RECOMMENDATION: |

| |DISTRICT ATTORNEY |

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

| |requires full cost recovery for grants and prior approval of the submission of grant applications. |

| | |

| | |

| | |

| | |

| | |

| | |

| | |

| | |

| | |

| |Adopt the resolution titled “A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF SAN DIEGO RELATING TO THE SAN |

| |DIEGO DISTRICT ATTORNEY’S CRIMINAL RESTITUTION COMPACT WITH THE CALIFORNIA VICTIM COMPENSATION AND GOVERNMENT CLAIMS |

| |BOARD” approving the Criminal Restitution Compact with the State Board in the amount of $314,493 for the term |

| |July 1, 2009 through June 30, 2010, and authorize execution of the attached Agreement by the District Attorney, |

| |including extensions and amendments that do not materially impact or alter either the grant program or funding level.|

| | |

| |Adopt the resolution titled “A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF SAN DIEGO RELATING TO THE SAN |

| |DIEGO DISTRICT ATTORNEY’S FUNERAL/BURIAL AND DOMESTIC VIOLENCE RELOCATON EMERGENCY FUND AGREEMENT WITH THE |

| |CALIFORNIA VICTIM COMPENSATION AND GOVERNMENT CLAIMS BOARD” approving the Funeral/Burial and Domestic Violence |

| |Relocation Emergency Fund Agreement with the State Board for the two-year term of July 1, 2009 through June 30, 2011,|

| |and authorize execution of the attached Agreement by the District Attorney, including extensions and amendments that |

| |do not materially impact or alter either the grant program or funding level. |

| | |

| |Adopt the resolution titled “A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF SAN DIEGO RELATING TO THE SAN |

| |DIEGO DISTRICT ATTORNEY’S JOINT POWERS AGREEMENT WITH THE CALIFORNIA VICTIM COMPENSATION AND GOVERNMENT CLAIMS BOARD”|

| |approving the Joint Power Verification Unit Agreement with the State Board in the amount of $1,776,795 |

| |for the three-year term July 1, 2009 through June 30, 2012, and authorize execution of the attached Agreement by the |

| |District Attorney, including extensions and amendments that do not materially impact or alter either the grant |

| |program or funding level. |

| |ACTION: |

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

| |Consent, adopting Resolution No. 09-105, entitled: RESOLUTION AUTHORIZING THE SAN DIEGO COUNTY DISTRICT |

| |ATTORNEY CRIMINAL RESTITUTION COMPACT WITH CALIFORNIA VICTIM COMPENSATION AND GOVERNMENT CLAIMS BOARD; Resolution No.|

| |09-106, entitled: RESOLUTION AUTHORIZING THE SAN DIEGO COUNTY DISTRICT ATTORNEY REVOLVING FUND AGREEMENT WITH |

| |CALIFORNIA VICTIM COMPENSATION AND GOVERNMENT CLAIMS BOARD, and Resolution No. 09-107 entitled: RESOLUTION |

| |AUTHORIZING THE SAN DIEGO COUNTY DISTRICT ATTORNEY JOINT POWERS AGREEMENT WITH CALIFORNIA VICTIM COMPENSATION AND |

| |GOVERNMENT CLAIMS BOARD. |

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

|3. |SUBJECT: |PROBATION - JUVENILE JUSTICE CRIME PREVENTION ACT GRANT RATIFICATION AND TRUST FUND |

| | |ESTABLISHMENT (DISTRICTS: ALL) |

| |OVERVIEW: |

| |On February 26, 2008 (3), your Board adopted a resolution authorizing the submission of the Juvenile Justice Crime |

| |Prevention Act (JJCPA) application for continued funding and modifications to the Comprehensive Multi-Agency Juvenile|

| |Justice Plan (CMJJP) for Fiscal Year 2008-09. This is a request to ratify the Juvenile Justice Crime Prevention Act |

| |(JJCPA) application for continued funding and modifications to the Comprehensive Multi-Agency Juvenile Justice Plan |

| |(CMJJP) for Fiscal Year 2009-10; to authorize the acceptance of JJCPA funds of $7,949,932 for the period from October|

| |1, 2009 to September 30, 2010; and to establish a trust fund to receive funds from the State Local Safety and |

| |Protection Account, for support of the program and disposition of income. |

| |FISCAL IMPACT: |

| |Funds for this request are included in the Fiscal Year 2009-11 CAO Proposed Operational Plan. The funding source is |

| |the Juvenile Justice Crime Prevention Act from the California State Corrections Standards Authority in the amount of |

| |$7,949,932 for the period from October 1, 2009 to September 30, 2010. If approved, this will result in costs and |

| |revenue of $5,962,449 in Fiscal Year 2009-10 and $1,987,483 in Fiscal Year 2010-11. There will be no change in net |

| |General Fund cost and will require no additional staff years. |

| | |

| |The total cost for the JJCPA program for Fiscal Year 2009-10 is $8,270,763 which includes State funding of $2,208,314|

| |for the period July 1, 2009 to September 30, 2009 and $5,962,449 for the period October 1, 2009 to June 30,|

| |2010 and $100,000 in estimated interest. These funds are budgeted in the Probation Department ($7,019,379) and in |

| |the Health and Human Services Agency ($1,251,384). This amount includes a Fiscal Year 2009-11 CAO Proposed |

| |Operational Plan Change Letter reduction of $362,077 in costs and revenue. This is a reduction of $895,879 in |

| |program costs and revenue from Fiscal Year 2008-09. |

| |BUSINESS IMPACT STATEMENT: |

| |N/A |

| |RECOMMENDATION: |

| |CHIEF ADMINISTRATIVE OFFICER |

| |Ratify the submission of the application and authorize the Chief Probation Officer to accept continued JJCPA funding |

| |to the State Corrections Standards Authority (CSA) and modifications to the Comprehensive Multi-Agency Juvenile |

| |Justice Plan (CMJJP) for Fiscal Year 2009-10. |

| | |

| |Authorize the Auditor and Controller to establish a separate trust fund to receive funds from the Local Safety and |

| |Protection Account for the JJCPA program with interest earned to be credited to the fund. |

| |ACTION: |

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

| |Consent. |

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

| |

|4. |SUBJECT: |REQUEST TO NEGOTIATE AND EXECUTE A CONTRACT TO PROVIDE JUVENILE DEPENDENCY REPRESENTATION |

| | |(DISTRICTS: ALL) |

| |OVERVIEW: |

| |The Judicial Council of California is responsible for the operation of all Superior Courts in the State of California|

| |under the direction of the Chief Justice. Through the California Administrative Office of the Courts (AOC), the |

| |Judicial Council initiated a program to provide juvenile dependency representation for children and solicited |

| |proposals for prospective providers. On November 30, 2004 (6), your Board approved and authorized the Public |

| |Defender, Alternate Public Defender, and the Auditor and Controller’s Office of Revenue and Recovery to submit |

| |proposals to provide dependency representation in San Diego County. |

| | |

| |The Judicial Council of California, through the AOC, found San Diego County as the “preferred bidder” for dependency |

| |representation services. On June 21, 2005 (3), your Board approved a three-year agreement with the AOC, |

| |which became effective on July 1, 2005 and runs through June 30, 2008. On April 8, 2008 (1), your Board authorized |

| |the Public Defender and Alternate Public Defender to negotiate a contract extension for the San Diego County |

| |Dependency Program which runs through June 30, 2009. This is a request to authorize the Public Defender and |

| |Alternate Public Defender to negotiate a contract extension for the San Diego County Dependency Program and approve |

| |and authorize the Clerk of the Board of Supervisors to execute the Revenue Agreement with the AOC for the Dependency |

| |Program. |

| |FISCAL IMPACT: |

| |There is no fiscal impact associated with this request. Funds for this request are included in the Fiscal Year |

| |2009-11 CAO Proposed Operational Plan. The funding source is the California Administrative Office of the Courts. |

| |The Fiscal Year 2008-09 contract amount is $11,477,492 and it is anticipated that the contract for Fiscal 2009-10 |

| |will be for a similar amount. There will be no change in net General Fund cost and no additional staff years. |

| |BUSINESS IMPACT STATEMENT: |

| |N/A |

| |RECOMMENDATION: |

| |CHIEF ADMINISTRATIVE OFFICER |

| |Approve and authorize the Public Defender to enter into negotiations with the California Administrative Office of the|

| |Courts for a contract extension to provide juvenile dependency representation for children in the Superior Court of |

| |San Diego County. |

| | |

| |Approve and authorize the Alternate Public Defender to enter into negotiations with the California Administrative |

| |Office of the Courts for a contract extension to provide juvenile dependency representation for parents, guardians, |

| |and children when the Public Defender has a conflict in the Superior Court of San Diego County. |

| | |

| |Approve and authorize the Auditor and Controller’s Office of Revenue and Recovery to work with the Public Defender |

| |and Alternate Public Defender to manage accounts receivable, which will include collection and enforcement services. |

| | |

| |Approve and authorize the Auditor and Controller’s Office of Revenue and Recovery to enter into negotiations with the|

| |California Administrative Office of the Courts for a Revenue Agreement. |

| | |

| |Approve and authorize the Clerk of the Board of Supervisors to execute Revenue Agreements with the California |

| |Administrative Office of the Courts for juvenile dependency representation and juvenile dependency collections. |

| |ACTION: |

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

| |Consent. |

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

| |

|5. |SUBJECT: |NOTICED PUBLIC HEARING: |

| | |HEALTH AND HUMAN SERVICES AGENCY OFFICE OF VITAL RECORDS AND STATISTICS - FEE ORDINANCE |

| | |(DISTRICTS: ALL) |

| |OVERVIEW: |

| |The California Health and Safety Code mandates the establishment of a State Medical Marijuana Identification Card |

| |Program to be administered through the counties. The State mandated program allows qualified patients to apply for |

| |and receive identification cards for themselves or their primary caregiver through their county of residence. |

| | |

| |The County of San Diego, Health and Human Services Agency, Office of Vital Records and Statistics will have the |

| |responsibility to administer the County’s Medical Marijuana Identification Card Program. Board authority is |

| |requested to establish a fee for the Office of Vital Records and Statistics to cover the cost of providing this |

| |service and to amend the County of San Diego Administrative Code to list the fee in the Code, consistent with other |

| |Health and Human Services Agency fees and charges. |

| |FISCAL IMPACT: |

| |If approved, this request will result in annual costs of $120,700. Sufficient appropriations are included in the |

| |CAO’s Proposed Operational Plan for Fiscal Year 2009-11 to cover these expenses. Establishing the proposed fee will |

| |generate revenue to offset the costs. Staff will return to the Board to request the establishment of additional |

| |appropriations if needed. There is no change to the net County General Fund cost and no additional staff years. |

| |BUSINESS IMPACT STATEMENT: |

| |N/A |

| |RECOMMENDATION: |

| |CHIEF ADMINISTRATIVE OFFICER |

| |Adopt the attached resolution entitled "A Resolution Setting Fees For The State Mandated Medical Marijuana |

| |Identification Card Program In The County of San Diego." |

| | |

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

| | |

| |AN ORDINANCE AMENDING THE COUNTY OF SAN DIEGO ADMINISTRATIVE CODE RELATING TO THE OFFICE OF VITAL RECORDS AND |

| |STATISTICS FEES |

| | |

| |Submit the Ordinance for further Board consideration and adoption (second reading) on July 21, 2009. |

| |ACTION: |

| |ON MOTION of Supervisor Slater-Price, seconded by Supervisor Horn, the Board closed the hearing and took action as |

| |recommended, adopting Resolution No. 09-108 entitled: A RESOLUTION SETTING FEES FOR THE STATE MANDATED MEDICAL |

| |MARIJUANA IDENTIFICATION CARD PROGRAM IN THE COUNTY OF SAN DIEGO and introducing Ordinance for further Board |

| |consideration and adoption on July 21, 2009. |

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

| |

|6. |SUBJECT: |MENTAL HEALTH SERVICES ACT PREVENTION AND EARLY INTERVENTION PROCUREMENT FOR OLDER ADULT AND |

| | |CHILDREN’S MENTAL HEALTH PROGRAMS (DISTRICTS: ALL) |

| |OVERVIEW: |

| |California’s Proposition 63, the Mental Health Services Act (MHSA), was approved by California voters in November |

| |2004 and became effective January 1, 2005. The MHSA is administered by the California Department of Mental Health|

| |(DMH) and provides funding for expansion of mental health services in California counties. MHSA consists of five |

| |program components, as designated by the State. The County’s plan for the initial program component, Community |

| |Services and Supports (CSS), was submitted to the State following Board approval on December 13, 2005 (1). The Board|

| |also authorized the Director, Health and Human Services Agency (HHSA), to approve subsequent amendments and |

| |augmentations to the Plan. This was followed by the Prevention and Early Intervention (PEI) Program and Expenditure |

| |Plan, approved by your Board on November 18, 2008 (9). |

| | |

| |In accordance with DMH guidelines, and with your Board’s authorization, the County has begun the procurement process |

| |for the MHSA PEI component and is prepared to start implementation in Fiscal Year 2009-10. Approval of today’s |

| |recommendations will facilitate this process by authorizing the Director of Purchasing and Contracting to enter into |

| |negotiations for expansion of a current Children’s Mental Health Services contract, and for new contracts for |

| |services to older adults. The organizations listed in the recommendations below were identified, in the PEI Plan |

| |approved by the State on January 30, 2009, as the entities that would assist the County with these |

| |services. For this reason, sole source exceptions are being recommended. |

| |FISCAL IMPACT: |

| |Funds for these requests are included in the CAO’s Proposed Operational Plan for FY 2009-11. If approved, this |

| |request will result in an estimated increase in cost and revenue of $685,000 for a total of up to $1,500,000 for the |

| |CASRC contract in FY 2009-10. The funding sources are Mental Health Services Act, FFP Admin, and Mental Health |

| |Realignment. For the older adult contracts, this request will result in estimated cost and revenue of $865,520 for |

| |FY 2009-10 and $727,520 in FY 2010-11. The funding source is Mental Health Services Act. There will be no change in|

| |net General Fund cost and no additional staff years. |

| |BUSINESS IMPACT STATEMENT: |

| |N/A |

| |RECOMMENDATION: |

| |CHIEF ADMINISTRATIVE OFFICER |

| |In accordance with Board Policy A-87, Competitive Procurement, authorize the Director, Purchasing and Contracting, to|

| |enter into negotiations with the University of California, San Diego, Child and Adolescent Services Research Center |

| |(CASRC) and, subject to successful negotiations and determination of a fair and reasonable price, amend contract |

| |number 525951 for up to an additional $685,000 for an annual total of $1,500,000, to provide additional data analysis|

| |and support, subject to the availability of funds; and authorize the Director, Purchasing and Contracting, to amend |

| |the agreement as required to reflect changes to services and funding allocations, subject to the approval of the |

| |Director, Health and Human Services Agency. Waive the advertising requirement of Board Policy A-87. |

| | |

| |In accordance with Board Policy A-87, Competitive Procurement, authorize the Director, Purchasing and Contracting, to|

| |enter into negotiations with North County Health Services to implement the County of San Diego Mental Health Services|

| |Prevention and Early Intervention Program and Expenditure Plan for cultural competence outreach to older adults and |

| |the Chronic Diabetes Management Training Program, as approved by the State on January 30, 2009, and, subject to |

| |successful negotiations and determination of a fair and reasonable price, award a contract for an annual amount up to|

| |$126,700 for a period of one year, with up to four option years and up to an additional six months if needed, subject|

| |to the availability of funds; and authorize the Director, Purchasing and Contracting, to amend the contract as |

| |required to reflect changes to services and funding allocations, subject to the approval of the Director, Health and |

| |Human Services Agency. Waive the advertising requirement of Board Policy A-87. |

| | |

| |In accordance with Board Policy A-87, Competitive Procurement, authorize the Director, Purchasing and Contracting, to|

| |enter into negotiations with San Ysidro Health Center to implement the County of San Diego Mental Health Services |

| |Prevention and Early Intervention Program and Expenditure Plan for cultural competence outreach to older adults, the |

| |Chronic Diabetes Management Training Program, and integrated diabetes and depression care, as approved by the State |

| |on January 30, 2009, and, subject to successful negotiations and determination of a fair and reasonable price, award |

| |a contract for an annual amount up to $213,400 for a period of one year, with up to four option years and up to an |

| |additional six months if needed, subject to the availability of funds; and authorize the Director, Purchasing and |

| |Contracting, to amend the contract as required to reflect changes to services and funding allocations, subject to the|

| |approval of the Director, Health and Human Services Agency. Waive the advertising requirement of Board Policy A-87. |

| | |

| | |

| | |

| | |

| | |

| |In accordance with Board Policy A-87, Competitive Procurement, authorize the Director, Purchasing and Contracting, to|

| |enter into negotiations with the University of California, San Diego, Evidence-Based Practices Implementation and |

| |Research Center to implement the County of San Diego Mental Health Services Prevention and Early Intervention Program|

| |and Expenditure Plan, as approved by the State on January 30, 2009, by providing technical assistance for the |

| |implementation and evaluation of evidence-based practices, and, subject to successful negotiations and determination |

| |of a fair and reasonable price, award a contract for an annual amount up to $279,495 for a period of one year, with |

| |up to four option years and up to an additional six months if needed, subject to the availability of funds; and |

| |authorize the Director, Purchasing and Contracting, to amend the contract as required to reflect changes to services |

| |and funding allocations, subject to the approval of the Director, Health and Human Services Agency. Waive the |

| |advertising requirement of Board Policy A-87. |

| | |

| |In accordance with Board Policy A-87, Competitive Procurement, authorize the Director, Purchasing and Contracting, to|

| |enter into negotiations with the University of California, San Diego, Extension Services to implement the County of |

| |San Diego Mental Health Services Prevention and Early Intervention Program and Expenditure Plan by providing a Life |

| |Long Learning – Aging and Wellness Program, and, subject to successful negotiations and determination of a fair and |

| |reasonable price, award a contract for an annual amount up to $245,925 for a period of one year, with up to four |

| |option years and up to an additional six months if needed, subject to the availability of funds; and authorize the |

| |Director, Purchasing and Contracting, to amend the contract as required to reflect changes to services and funding |

| |allocations, subject to the approval of the Director, Health and Human Services Agency. Waive the advertising |

| |requirement of Board Policy A-87. |

| |ACTION: |

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

| |Consent. |

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

| |

|7. |SUBJECT: |ACCEPTANCE OF DONATIONS FOR ENHANCED FOSTER YOUTH SERVICES (DISTRICTS: ALL) |

| |OVERVIEW: |

| |The Board of Supervisors has shown a long-term commitment to programs aimed at improving outcomes for foster youth, |

| |as well as a commitment to seek additional funding resources to enhance services for children and families. On July |

| |13, 2004 (12), July 24, 2007 (9) and February 12, 2008 (5) the Board authorized the Health and Human Services Agency |

| |(HHSA) to seek federal, State, and private foundation grants to augment Child Welfare Services programs. Today’s |

| |action would authorize acceptance of a donation totaling $110,000 from Casey Family Programs to support programs |

| |designed to assist foster youth. |

| | |

| |HHSA’s Child Welfare Services division serves many foster youth who live in group homes or large residential |

| |treatment facilities. Feelings of isolation from their families may cause foster children to be at-risk of running |

| |away. October 31, 2006 (9), your Board authorized the implementation of the Family Finding Services program to |

| |assist in reconnecting foster youth with their extended family members. In an effort to further enhance this |

| |valuable program, Casey Family Programs has offered donated funds of $40,000 to Family Finding Services. |

| | |

| |Casey Family Programs has offered donated funds of $30,000 to continue their support of tutoring services through the|

| |Tutor Connection Program. This program offers foster youth an opportunity to connect with a caring role model, boost|

| |their academic success and improve their preparation for adulthood. |

| | |

| |Casey Family Programs has also offered donated funds of $40,000 to support the School Success Program. This program |

| |incorporates education liaison services with social worker placement services to ensure that the educational needs of|

| |foster children are met. This includes communication regarding the legal rights of foster youth, collaboration with |

| |schools and access to the full array of academic support services available to foster youth. |

| | |

| |Today’s item recommends approval of the necessary action to accept the donated funds from Casey Family Programs. |

| |FISCAL IMPACT: |

| |Approval of these recommendations will add $110,000 in donations to the resources available to support the Family |

| |Finding, Tutor Connection and School Success programs in the Health and Human Services Agency. |

| |BUSINESS IMPACT STATEMENT: |

| |N/A |

| |RECOMMENDATION: |

| |CHIEF ADMINISTRATIVE OFFICER |

| |Accept the donation of $110,000 from Casey Family Programs. |

| | |

| |Authorize the Chairwoman of the Board of Supervisors to sign a letter of appreciation on the Board’s behalf to the |

| |donors. |

| |ACTION: |

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

| |Consent. |

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

| |

|8. |SUBJECT: |HIV/AIDS AND STD REVENUE AND APPLICATIONS (DISTRICTS: ALL) |

| |OVERVIEW: |

| |On December 19, 2006, the Ryan White HIV/AIDS Treatment Modernization Act of 2006 (RWTMA) was signed into law |

| |reauthorizing the former Ryan White CARE Act for three additional years. Annual RWTMA funding is used to provide care|

| |and treatment services to individuals and families living with HIV disease and/or AIDS. On February 24, 2009 (10), |

| |the Board approved acceptance of the 2009 RWTMA Parts A and B grants. The total amount awarded to San Diego was |

| |$11,923,271. Staff were also authorized to submit an application for additional RWTMA Part F Minority AIDS |

| |Initiative (MAI) funds. |

| | |

| |Today’s action requests Board authorization to accept the MAI grant award of $604,573 for the period of August 1, |

| |2009 through July 31, 2010 and to sign any funding agreements. This year’s RWTMA MAI funds will be formally awarded |

| |by August 1, 2009. Authorization is also requested to submit applications for RWTMA Parts A and B funding for the |

| |period of March 1, 2010 through February 28, 2011 and for April 1, 2010 through March 31, 2011 |

| |respectively. |

| | |

| |In addition, the County of San Diego receives funding from the California Department of Public Health (CDPH) for the |

| |provision of Sexually Transmitted Disease (STD) education, testing, treatment and prevention programs. Today’s |

| |action also requests the Board to authorize the Clerk of the Board to execute a revenue agreement with CDPH for the |

| |period of July 1, 2009 through June 30, 2011 in the amount of $324,702 per year totaling $649,404 for the |

| |two-year period. |

| |FISCAL IMPACT: |

| |Funds for the RWTMA request are included in the CAO’s Proposed Operational Plan for Fiscal Year 2009-11. If |

| |approved, this request will result in costs and revenue of $12,196,016 in Fiscal Year 2009-10 and $12,196,016 in |

| |Fiscal Year 2010-11. The amount budgeted is different from the revenue agreement amounts because the funding cycles |

| |of the agreements do not coincide with the County fiscal year. The funding source is the federal RWTMA. There will |

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

| | |

| |Funds for the STD Revenue Agreement request are partially included in the CAO’s Proposed Operational Plan for Fiscal |

| |Year 2009-2011 in the amount of $191,335. If approved, this request will result in annual costs and revenue of |

| |$324,702. There is no change to the net General Fund cost and no new staff years. The funding source is State of |

| |California Office of Public Health. Staff will return to the Board to request the establishment of additional |

| |appropriations if needed. |

| |BUSINESS IMPACT STATEMENT: |

| |N/A |

| |RECOMMENDATION: |

| |CHIEF ADMINISTRATIVE OFFICER |

| |Accept $604,573 in federal RWTMA Part F Minority AIDS Initiative (MAI) revenue to provide HIV-related services to |

| |persons with HIV/AIDS for the period of August 1, 2009 through July 31, 2010. |

| | |

| |Approve and authorize the Clerk of the Board of Supervisors to execute, upon receipt, any required agreements for MAI|

| |funding. |

| | |

| |Authorize the submission of applications for federal RWTMA Part A and Part B funding, for the periods of March 1, |

| |2010 through February 28, 2011 and April 1, 2010 through March 31, 2011, respectively, for an estimated maximum |

| |amount of $13,115,598. |

| | |

| |Authorize the Clerk of the Board of Supervisors, upon receipt, to sign the applications and related assurances for |

| |RWTMA Part A and Part B funding. |

| | |

| |Authorize the Clerk of the Board of Supervisors to execute, upon receipt, a revenue agreement with the California |

| |Department of Public Health (CDPH) STD Control Branch to provide STD and related reporting services for July 1, 2009 |

| |through June 30, 2011, total two year amount of $649,404 ($324,702 each for fiscal years 2009/10 and 2010/11), and to|

| |execute subsequent amendments, extensions and renewals that do not materially impact or alter the program or funding |

| |level. |

| | |

| |Waive Board Policy B-29, Fee, Grant, Revenue Contracts - Department Responsibility for Cost Recovery for the CDPH STD|

| |Revenue Agreement. |

| |ACTION: |

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

| |Consent. |

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

| |

|9. |SUBJECT: |Legislative Support for Resources to Combat Border Related Violence |

| | |(DistrictS: All) |

| |OVERVIEW: |

| |The violence along the U.S./Mexico border has gained international attention in recent months. The Obama |

| |Administration and the U.S. Department of Homeland Security have recognized the potential for the violence in Mexico |

| |to spillover to the United States and have put an increased emphasis on the Southwest Border in response to the |

| |cartel violence. Federal grant programs directed towards border crime, such as Operation Stonegarden, have increased|

| |information sharing among federal and local law enforcement agencies, however, grant programs alone are not the |

| |solution. This is a request to allow staff to pursue and support state and federal legislative efforts that would |

| |provide resources for local law enforcement and prosecution to combat border related crime. |

| |FISCAL IMPACT: |

| |N/A |

| |BUSINESS IMPACT STATEMENT: |

| |N/A |

| |RECOMMENDATION: |

| |Chairwoman Jacob, SUPERVISOR COX, DISTRICT ATTORNEY DUMANIS AND SHERIFF KOLENDER |

| |Direct the Chief Administrative Officer to aggressively pursue and support state and federal legislative efforts that|

| |would provide funding and/or resources for local law enforcement and the district attorney to combat border related |

| |crime and to include support for such efforts in the county’s legislative program. |

| |ACTION: |

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

| |Consent. |

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

| |

|10. |SUBJECT: |Local Community Projects Grants |

| | |(DISTRICT: 3) |

| |OVERVIEW: |

| |Funding for the Community Projects Grant program was included in the fiscal year 2008-2009 adopted budget in order to|

| |further public purposes throughout the County. |

| |FISCAL IMPACT: |

| |The current year total combined cost of these projects is $14,817.97. The funding source is the Community Projects |

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

| |BUSINESS IMPACT STATEMENT: |

| |N/A |

| |RECOMMENDATION: |

| |VICE-CHAIRWOMAN SLATER-PRICE |

| |Allocate $7,317.97 from the Community Projects Grant Budget (Org 15660) to the San Diego Youth Symphony and |

| |Conservatory to assist with venue rental and marketing for performances in fiscal year 2009-10 at the California |

| |Center for the Arts Escondido and at Copley Symphony Hall in downtown San Diego. |

| | |

| |Allocate $7,500 from the Community Projects Grant Budget (Org 15660) to the San Elijo Lagoon Conservancy to assist |

| |with costs to produce a wetlands teaching guide for students and to produce a promotional brochure for the San Elijo |

| |Lagoon Nature Center. |

| |Authorize the Chief Financial Officer to execute grant agreements with these organizations establishing terms for |

| |receipt of the funds described above and to make minor amendments to the agreements that are consistent with the |

| |general purpose of the grant but do not increase the grant. |

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

| |ACTION: |

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

| |Consent. |

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

| |

|11. |SUBJECT: |NOTICED PUBLIC HEARING: |

| | |ADOPTION OF A RESOLUTION ESTABLISHING COUNTY COUNSEL HOURLY BILLING RATES FOR ATTORNEY AND |

| | |PARALEGAL SERVICES (DISTRICTS: ALL) |

| |OVERVIEW: |

| |On June 17, 2008 (22), the Board of Supervisors established County Counsel billing rates of $207/hour for attorneys |

| |and $122/hour for paralegals based upon a 2008 full cost recovery study. A recent full cost recovery study indicates|

| |that billing rates should be increased. This Board letter requests approval for an increase in the County Counsel |

| |billing rates to $211/hour for attorneys and $132/hour for paralegals. The proposed billing rate increases are |

| |pursuant to Board of Supervisors Policy B-29, Fees, Grants, Revenue Contracts - Department Responsibility for Cost |

| |Recovery. |

| |FISCAL IMPACT: |

| |If approved, this action would result in an increase in the hourly rates charged by the Office of County Counsel to |

| |billable clients. Approval of the increase in rates will provide for full cost recovery. The revenues in the CAO’s |

| |Fiscal Years 2009-11 Proposed Operational Plan for the Office of County Counsel reflect these higher billing rates. |

| |This action will result in the addition of no staff years. |

| |BUSINESS IMPACT STATEMENT: |

| |N/A |

| |RECOMMENDATION: |

| |CHIEF ADMINISTRATIVE OFFICER |

| |Adopt the Resolution approving the Office of County Counsel hourly billing rates for attorney and paralegal services.|

| | |

| | |

| |Find that this proposed project is exempt from the California Environmental Quality Act (CEQA) as specified under |

| |Section 15273 of the State CEQA Guidelines as set forth in the Background section of this Board Letter |

| |ACTION: |

| |ON MOTION of Supervisor Roberts, seconded by Supervisor Slater-Price, the Board closed the hearing and took action as|

| |recommended, adopting Resolution No. 09-109 entitled: A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF SAN |

| |DIEGO RELATING TO COUNTY COUNSEL HOURLY BILLING RATES FOR ATTORNEY AND PARALEGAL SERVICES. |

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

| |

|12. |SUBJECT: |FISCAL YEAR 2008-09 FOURTH QUARTER CAPITAL PROGRAM ADJUSTMENTS (DISTRICTS: ALL) |

| |OVERVIEW: |

| |Today’s request will make adjustments to the County’s capital program and related accounting for Fiscal Year 2008-09.|

| |Recommendations include adjustments to cancel remaining appropriations and related revenue for 11 capital projects |

| |that are anticipated to be completed and capitalized at the end of the current fiscal year and adjustments to |

| |properly reflect transactions related to the Edgemoor Skilled Nursing Facility, North Central Regional Center, and |

| |COC Redevelopment Project. |

| |FISCAL IMPACT: |

| |These proposed actions will cancel budgeted appropriations of up to $108,259.74 and the related funding sources in |

| |the various capital funds based on projects that are anticipated to close this fiscal year. Of this amount, |

| |$60,587.60 is associated with canceled appropriations in the Capital Outlay Fund, $4,949.87 with projects in the |

| |Library Projects Capital Outlay Fund, and $42,722.27 with a project in the Justice Facility Construction Fund. |

| |Additionally, appropriations of the $995,000 are being transferred from the Capital Outlay Fund to the Health Complex|

| |Capital Outlay Fund. |

| |BUSINESS IMPACT STATEMENT: |

| |N/A |

| |RECOMMENDATION: |

| |CHIEF ADMINISTRATIVE OFFICER |

| |Cancel appropriations and related revenue up to $60,587.60 in the Capital Outlay Fund for projects completed in |

| |Fiscal Year 2008-09. |

| | |

| |Cancel appropriations and related revenue up to $4,949.87 in the Library Projects Capital Outlay Fund for projects |

| |completed in Fiscal Year 2008-09. |

| | |

| |Cancel appropriations and related revenue up to $42,722.27 in the Justice Facility Construction Fund for projects |

| |completed in Fiscal Year 2008-09. |

| | |

| |Cancel appropriations of $39,230.76 and related operating transfer from the General Fund in the Capital Outlay Fund |

| |for Capital Project 1000235, Edgemoor Skilled Nursing Facility, due to the availability of over-realized interest |

| |earnings from bond proceeds. |

| | |

| |Establish appropriations of $39,230.76 in the Capital Outlay Fund for Capital Project 1000235, Edgemoor Skilled |

| |Nursing Facility based on over-realized interest earnings from bond proceeds. (4 VOTES) |

| | |

| |Cancel appropriations of $995,000 and related operating transfer from the General Fund in the Capital Outlay Fund for|

| |Capital Project 1012285, HHSA PSG CSG Office Relocations, to provide funds for the lease amendment related to the |

| |purchase of the North Central Regional Center. |

| | |

| |Establish appropriations of $995,000 in the County Health Complex Capital Outlay Fund for Capital Project 1012284, |

| |COC Annex/North Central Regional Center, based on an operating transfer from the General Fund. (4 VOTES) |

| | |

| |Establish appropriations of $6,350,000 and related operating transfer from the General Fund, in the Capital Outlay |

| |Fund for Capital Project 1011214, County Operations Center to align the capital budget. (4 VOTES) |

| | |

| |Cancel appropriations of $6,350,000 and related revenues from bond proceeds, in the Capital Outlay Fund for Capital |

| |Project 1011214, County Operations Center to align the capital budget. |

| |ACTION: |

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

| |Consent. |

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

| |

|13. |SUBJECT: |AMENDMENT TO THE COMPENSATION ORDINANCE RELATING TO REDUCED RETIREMENT BENEFITS FOR NEW |

| | |EMPLOYEES (First Reading – 06/23/09:Second Reading – 07/21/09) (DISTRICTS: ALL) |

| |OVERVIEW: |

| |This action amends the San Diego County Compensation Ordinance by amending Retirement Benefits for employees hired on|

| |or after August 28, 2009. |

| | |

| |This action requested requires two steps, approval of the first reading of the Ordinance on June 23, 2009, and |

| |adoption of the Ordinance after the second reading on July 21, 2009. |

| |FISCAL IMPACT: |

| |If approved, these recommendations will result in gradual long-term savings in the cost of retirement benefits for |

| |County employees. Based on the analysis done by the SDCERA actuary, the employer’s normal cost rate for general |

| |members would decrease from 12.57% of payroll under the current Tier A plan to 8.49% of payroll under the new Tier B |

| |plan, and the normal cost rate for safety members would decrease from 19.71% of payroll to 15.14% of payroll. The |

| |actuary arrived at these rates by looking at the data profiles of new hires over the three years prior to the last |

| |valuation as of June 30, 2008, and, except for the service retirement assumption, used the same actuarial assumptions|

| |and methodologies as in the June 30, 2008 valuation. There will be no separate payroll rates for Tier A and Tier B |

| |employees: normal cost rates going forward will be a weighted composite of the Tier A and Tier B rates depending upon|

| |the relative payrolls for the two tiers. The unfunded actuarial accrued liability (UAAL) rates are assumed to be |

| |unaffected at this time by the establishment of the new Tier B benefit plan. |

| | |

| |In addition to employer contribution rates being reduced, the Tier B plan would reduce employee contribution rates. |

| |While actual employee contribution rates are based on each person’s age at entry into the retirement system, the |

| |average rate under Tier B for general members would be 7.65%, down from 10.73% under Tier A. For safety members, the |

| |average employee contribution rate would be 10.24%, down from 12.78% in Tier A. |

| |BUSINESS IMPACT STATEMENT: |

| |N/A |

| |RECOMMENDATION: |

| |CHIEF ADMINISTRATIVE OFFICER |

| |On June 23, 2009 (First Reading): |

| |Approve introduction (first reading) of ordinance; read title and waive further reading of ordinances (MAJORITY |

| |VOTE): |

| | |

| |AN ORDINANCE AMENDING THE COMPENSATION ORDINANCE AND ESTABLISHING COMPENSATION. |

| | |

| |If the Board takes the action recommended in item 1, then on July 21, 2009 (Second Reading): |

| | |

| |Submit ordinance for further Board consideration and adoption (second reading) on July 21, 2009. |

| |ACTION: |

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

| |Consent, introducing Ordinance for further consideration and adoption on July 21, 2009. |

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

| |

|14. |SUBJECT: |REDUCED RETIREMENT BENEFITS FOR NEW EMPLOYEES (First Reading – 06/23/09: Second Reading – |

| | |07/21/09) (DISTRICTS: ALL) |

| |OVERVIEW: |

| |The attached proposed ordinance and resolutions implement reduced retirement benefits (to be commonly known as “Tier |

| |B”) generally for persons employed by the County on or after August 28, 2009, who will become new general or new |

| |safety members of the San Diego County Employees Retirement Association (“SDCERA”). The actions in this letter |

| |reflect the result of negotiations with represented employee bargaining units and will also apply to unrepresented |

| |employees who become members of SDCERA. |

| | |

| |This requested action requires two steps: (1) receipt of an actuarial study on the impact of the benefits on future |

| |annual costs and first reading of an ordinance regarding the retiree cost of living adjustment (“COLA”), and (2) |

| |adoption of the ordinance providing for the reduced COLA and resolutions approving the modified benefits. |

| |FISCAL IMPACT: |

| |If approved, these recommendations will result in gradual long-term savings in the cost of retirement benefits for |

| |County employees. Based on the analysis done by the SDCERA actuary, the employer’s normal cost rate for general |

| |members would decrease from 12.57% of payroll under the current Tier A plan to 8.49% of payroll under the new Tier B |

| |plan, and the normal cost rate for safety members would decrease from 19.71% of payroll to 15.14% of payroll. The |

| |actuary arrived at these rates by looking at the data profiles of new hires over the three years prior to the last |

| |valuation as of June 30, 2008, and, except for the service retirement assumption, used the same actuarial assumptions|

| |and methodologies as in the June 30, 2008 valuation. There will be no separate payroll rates for Tier A and Tier B |

| |employees: normal cost rates going forward will be a weighted composite of the Tier A and Tier B rates depending upon|

| |the relative payrolls for the two tiers. The unfunded actuarial accrued liability (UAAL) rates are assumed to be |

| |unaffected at this time by the establishment of the new Tier B benefit plan. |

| | |

| |In addition to employer contribution rates being reduced, the Tier B plan would reduce employee contribution rates. |

| |While actual employee contribution rates are based on each person’s age at entry into the retirement system, the |

| |average rate under Tier B for general members would be 7.65%, down from 10.73% under Tier A. For safety members, the |

| |average employee contribution rate would be 10.24%, down from 12.78% in Tier A. |

| |BUSINESS IMPACT STATEMENT: |

| |N/A |

| |RECOMMENDATION: |

| |CHIEF ADMINISTRATIVE OFFICER |

| |On June 23, 2009 (First Reading): |

| |Pursuant to Government Code 7507, receive the report from enrolled actuaries on the actuarial impact of the proposed |

| |Tier B benefits upon future annual costs and make the report public at the June 23, 2009 meeting of this Board. |

| | |

| |Approve introduction (first reading) of ordinance; read title and waive further reading of ordinance: |

| | |

| |AN ORDINANCE AMENDING THE RETIREE COST OF LIVING ADJUSTMENT APPLICABLE TO EMPLOYEES WHOSE SERVICES COMMENCE ON OR |

| |AFTER AUGUST 28, 2009 |

| | |

| |If the Board takes the action recommended in items 1 and 2, on July 21, 2009 take the following actions: |

| | |

| |Submit ordinance for further Board consideration and adoption (second reading). |

| | |

| |Adopt the following resolutions: |

| | |

| |RESOLUTION DEFINING FINAL COMPENSATION FOR SDCERA MEMBERS AS THEIR AVERAGE ANNUAL COMPENSATION DURING A THREE YEAR |

| |PERIOD FOR PERSONS COMMENCING SERVICE ON OR AFTER AUGUST 28, 2009 |

| | |

| | |

| |RESOLUTION ESTABLISHING A NEW RETIREMENT ALLOWANCE FORMULA APPLICABLE TO EMPLOYEES COMMENCING SERVICE ON OR AFTER |

| |AUGUST 28, 2009 IN SAFETY MEMBERSHIP POSITIONS OF THE SAN DIEGO COUNTY EMPLOYEES RETIREMENT ASSOCIATION |

| | |

| |RESOLUTION ESTABLISHING A NEW RETIREMENT ALLOWANCE FORMULA APPLICABLE TO EMPLOYEES COMMENCING SERVICE ON OR AFTER |

| |AUGUST 28, 2009 IN GENERAL MEMBERSHIP POSITIONS OF THE SAN DIEGO COUNTY EMPLOYEES RETIREMENT ASSOCIATION |

| | |

| |RESOLUTION INCREASING THE MINIMUM AGE OF SERVICE RETIREMENT TO AGE 55 FOR GENERAL MEMBERS OF THE SAN DIEGO COUNTY |

| |EMPLOYEES RETIREMENT ASSOCIATION COMMENCING SERVICE ON OR AFTER AUGUST 28, 2009. |

| |ACTION: |

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

| |Consent, introducing Ordinance for further consideration and adoption on July 21, 2009. |

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

| |

|15. |SUBJECT: |FILLING THE VACANCY OF THE SAN DIEGO COUNTY ELECTIVE OFFICE OF SHERIFF (DISTRICTS: ALL) |

| |OVERVIEW: |

| |The County Sheriff will resign from his office effective July 2, 2009. On April 21, 2009, the Board determined |

| |that the process to fill the vacancy would be conducted in accordance with Board Policy A-105, and directed the Clerk|

| |of the Board to return in 30 days with a public hearing schedule, an application deadline, and the form of notice to |

| |advertise the position. |

| | |

| |This action requires three steps: On May 12, 2009, the Board approved the form of notice and application, and the |

| |deadline for acceptance of applications. On June 16, 2009, the Board conducted the first public hearing during which|

| |the Board will select no more than five finalists from among those who have applied. On June 23, 2009, a second |

| |public hearing will take place during which the Board will make a final selection from among the finalists. |

| |FISCAL IMPACT: |

| |There is no fiscal impact as a result of the recommended actions. The position is budgeted in the Department of the |

| |Sheriff. |

| |BUSINESS IMPACT STATEMENT: |

| |N/A |

| |RECOMMENDATION: |

| |CHIEF ADMINISTRATIVE OFFICER |

| |Conduct a public hearing and hear from each of the finalists. |

| | |

| |Select and appoint one of the finalists to serve as, and complete the current term of the County office of the |

| |Sheriff, contingent upon passing the County’s standard medical exam. |

| | |

| |This item was withdrawn by the Board of Supervisors at the Meeting of 6/16/09. |

| |

|16. |SUBJECT: |ADMINISTRATIVE ITEM: |

| | |SECOND CONSIDERATION AND ADOPTION OF ORDINANCE: AMENDMENTS TO THE COMPENSATION ORDINANCE |

| | |RELATING TO THE RATIFIED AGREEMENT FOR TWO EMPLOYEE BARGAINING UNITS REPRESENTED BY THE DEPUTY |

| | |SHERIFFS’ ASSOCIATION OF SAN DIEGO COUNTY (First Reading – 06/16/09: Second Reading – 06/23/09) |

| | |(DISTRICTS: ALL) |

| |OVERVIEW: |

| |This action: 1) presents Compensation Ordinance amendments for the first reading of negotiated provisions of an |

| |extension of the Memorandum of Agreement between the County and the Deputy Sheriffs’ Association of San Diego County;|

| |2) adds wages and 3) increases employees’ flex credits. |

| | |

| |In addition to the changes to be approved in this letter, the Deputy Sheriffs’ Association of San Diego County and |

| |the County have negotiated prospective amendments to the County's retirement system. A new 3 % @ 55 safety |

| |retirement tier will be created for newly hired safety employees. The new tier will include: 3% @ 55, Highest 3 Year|

| |Average and a 2% Maximum COLA. |

| | |

| |The new 3% @ 55 safety retirement tier will be effective on a date determined by your Board and implemented only |

| |after all the appropriate steps have been taken and the amendments have been approved by this Board. |

| | |

| |The agreement reached with the Deputy Sheriffs’ Association of San Diego County, for a two-year extension, was |

| |ratified on May 15, 2009. |

| | |

| |This action requires two steps, approval of the first reading of the Ordinance on June 16, 2009, and adoption of the |

| |Ordinance after the second reading on June 23, 2009. |

| |FISCAL IMPACT: |

| |If approved, this proposal would result in an increased cost of $0.3 million in Fiscal Year 2009-10 for flexible |

| |benefit credits. For Fiscal Year 2010-11, the proposal would result in a further increase of $0.6 million for the |

| |flexible benefit credit and $4.7 million for the wage increase. The funding source will be a combination of program |

| |revenues and general purpose revenues. |

| |BUSINESS IMPACT STATEMENT: |

| |N/A |

| |RECOMMENDATION: |

| |CHIEF ADMINISTRATIVE OFFICER |

| |Adopt the Ordinance entitled: |

| | |

| |AN ORDINANCE AMENDING THE COMPENSATION ORDINANCE AND ESTABLISHING COMPENSATION IMPLEMENTING A NEGOTIATED TWO YEAR |

| |EXTENSION OF THE MEMORANDUM OF AGREEMENT WITH THE DEPUTY SHERIFFS’ ASSOCIATION OF SAN DIEGO COUNTY. |

| |ACTION: |

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

| |Consent, adopting Ordinance No. 9991 (N.S.) entitled: AN ORDINANCE AMENDING THE COMPENSATION ORDINANCE AND |

| |ESTABLISHING COMPENSATION IMPLEMENTING A NEGOTIATED TWO YEAR EXTENSION OF THE MEMORANDA OF AGREEMENT WITH THE DEPUTY |

| |SHERIFFS’ ASSOCIATION OF SAN DIEGO COUNTY. |

| | |

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

| |

|17. |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 Roberts, seconded by Supervisor Slater-Price, the Board took action as recommended, on |

| |Consent. |

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

| |

|18. |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.” |

| |FISCAL IMPACT: |

| |N/A |

| |BUSINESS IMPACT STATEMENT: |

| |N/A |

| |RECOMMENDATION: |

| |CHAIRWOMAN JACOB |

| |Appoint Anthony Romano to the Julian Historic District Architectural Review Board, Seat No. 2, for a term to expire |

| |January 3, 2011. |

| | |

| |Appoint Sandra McBrayer to the First 5 Commission, for a term to expire January 5, 2011. |

| | |

| |SUPERVISOR COX |

| |Re-appoint Ana Briones-Espinoza to the Community Action Partnership Administering Board, for a term to expire January|

| |7, 2013. |

| | |

| |Re-appoint Michael Anthony McPherson Sr. to the Mental Health Board, for a term to expire December 31, 2011. |

| | |

| |SUPERVISOR HORN |

| |Appoint Evangeline Akridge to the Mental Health Board, Mental Health Discipline, for a term to expire December 31, |

| |2011. |

| | |

| |CHIEF ADMINISTRATIVE OFFICER |

| |Re-appoint Donna Ewing Marto to the Commission on Children, Youth and Families, for a term to expire April 12, 2011. |

| | |

| |Re-appoint Daphyne Watson to the Commission on Children, Youth and Families, for a term to expire December 31, 2011. |

| |Re-appoint Paula Guerra to the Commission on Children, Youth and Families, for a term to expire November 30, 2010. |

| | |

| |Re-appoint Mary Baum to the Commission on Children, Youth and Families, for a term to expire December 31, 2011. |

| | |

| |Appoint Candy Morales to the Commission on Children, Youth and Families, for a term to expire June 23, 2013. |

| | |

| |Appoint Rolland E. Slade to the Commission on Children, Youth and Families, for a term to expire June 23, 2013. |

| | |

| |Appoint Lorenza Craig to the Commission on Children, Youth and Families, to serve a term concurrent with the Public |

| |Defender. |

| |ACTION: |

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

| |Consent. |

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

| |

|19. |SUBJECT: |BUDGET DELIBERATIONS (DISTRICTS: ALL) |

| |OVERVIEW: |

| |On May 12, 2009 (18, 19) the Board of Supervisors received the Fiscal Years 2009-10 and 2010-11 Chief Administrative |

| |Officer’s Proposed Operational Plan and set dates and times for public hearings and deliberations. This is a request|

| |to amend the Proposed Operational Plan based on updated expenditure and revenue information and recent Board actions.|

| |Public Hearings on the Budget took place June 8 -17, 2009. |

| |FISCAL IMPACT: |

| |The proposed changes increase the Chief Administrative Officer’s Proposed Operational Plan by $64.8 million in Fiscal|

| |Year 2009-10 and by $9.7 million in Fiscal Year 2010-11. The total revised Proposed Operational Plan for Fiscal Year|

| |2009-10 is $5.008 billion and $4.546 billion for Fiscal Year 2010-11. A decrease to the Plan of 16.00 staff years is|

| |recommended in Fiscal Year 2009-10 and a decrease of 21.00 staff years in Fiscal Year 2010-11. The total revised |

| |Proposed Operational Plan staffing for Fiscal Year 2009-10 is 16,415.00 staff years and 16,397.00 staff years for |

| |Fiscal Year 2010-11. The increases in expenditures are offset by $50.0 million in program revenues and $14.8 million|

| |in fund balances. |

| |BUSINESS IMPACT STATEMENT: |

| |The changes to the Proposed Operational Plan include the purchase of goods and services from the private sector. |

| |RECOMMENDATION: |

| |CHIEF ADMINISTRATIVE OFFICER |

| |Accept the appropriation, funding and staffing changes to the Fiscal Years 2009-10 and 2010-11 Chief Administrative |

| |Officer’s Proposed Operational Plan as shown in the attached schedules for consideration during budget deliberations.|

| |Authorize the Chief Financial Officer to make adjustments as necessary between object accounts with no increases in |

| |total departmental appropriations in order to clarify all budget items for the final Operational Plan and budget |

| |resolution. |

| |ACTION: |

| |With additional recommendation to read: |

| |Approve the Community Enhancement Fund Allocations for FY 2009-10. |

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

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

| |

|20. |SUBJECT: |Prohibiting Medical Marijuana Dispensaries in the Unincorporated Area (DistrictS: ALL) |

| |OVERVIEW: |

| |Recently, the United States Supreme Court denied the County’s petition requesting the Court to consider the County’s |

| |lawsuit related to the conflict between federal and state law on the possession and use of marijuana for medical |

| |purposes. The sale and use of marijuana is illegal under Federal law for any purpose. However, marijuana use is |

| |allowed under State law when it is being used for certain medical purposes. Due to the Supreme Court’s denial of the|

| |petition, the County will be issuing medical marijuana ID cards beginning July 2009. The purpose of the State law |

| |relating to identification cards is to allow qualified patients to apply for and receive medical marijuana |

| |identification cards. |

| | |

| |The for-profit sale of medical marijuana is illegal. In an effort to protect unincorporated neighborhoods from the |

| |serious negative impacts which medical marijuana dispensaries may cause, action is needed to make certain that the |

| |County's Zoning Ordinance is clear regarding their establishment. The proliferation of these dispensaries is a |

| |threat to public safety, public health, and community character. Today’s action will direct the Chief Administrative|

| |Officer to work with County Counsel to draft an ordinance for the Board’s approval prohibiting medical marijuana |

| |dispensaries from operating within the unincorporated area. |

| |FISCAL IMPACT: |

| |There is no fiscal impact associated with this action. |

| |BUSINESS IMPACT STATEMENT: |

| |N/A |

| |RECOMMENDATION: |

| |Chairwoman Jacob, Supervisor Horn, Sheriff Kolender, and District Attorney Dumanis |

| |Direct the Chief Administrative Officer to work with County Counsel to draft an ordinance amendment to the County's |

| |Zoning Ordinance prohibiting illegal medical marijuana dispensaries from operating within the unincorporated area of |

| |the County. |

| |ACTION: |

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

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

| |NOES: Roberts |

| |

|21. |SUBJECT: |SUPPORT FOR UC SAN DIEGO GRANT PROPOSAL (DISTRICTS: ALL) |

| |OVERVIEW: |

| |UC San Diego is seeking support for a $20 million grant proposal to the US Department of Energy (DOE). The DOE’s |

| |Recovery Act Smart Grid |

| |Investment Grant programs makes available more than $3.3 billion in grant funding to electric utilities, research |

| |universities, and other entities for deployment of smart energy technologies and related projects. The investments |

| |finance upgrades to the electrical grid to heighten its performance and allow it to transmit power from |

| |alternative-energy sources. |

| | |

| |UCSD will be submitting a $20 million proposal to purchase and install “next-generation” equipment. The proposal |

| |would advance the region’s – and the nation’s -- technical capacities and would promote local manufacturing and |

| |employment opportunities. |

| | |

| |The University is seeking support for its grant application from the County of San Diego, the City of San Diego and |

| |local members of the state Legislature. |

| |FISCAL IMPACT: |

| |N/A |

| |BUSINESS IMPACT STATEMENT: |

| |N/A |

| |RECOMMENDATION: |

| |VICE-CHAIRWOMAN SLATER-PRICE |

| |Direct the Chief Administrative Officer to draft a letter (Attachment A) for signature by the Chairwoman outlining |

| |the County of San Diego’s support of UC San Diego’s application for a $20 million grant from the federal Department |

| |of Energy. |

| |ACTION: |

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

| |Consent. |

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

| |

|22. |SUBJECT: |OPPOSITION TO SAN DIEGO GAS AND ELECTRIC’S POWER SHUT-OFF PLAN (DistrictS: All) |

| |OVERVIEW: |

| |The region’s regulated electric utility, San Diego Gas and Electric (SDG&E), has asked the California Public |

| |Utilities Commission (CPUC) to review a plan that would cut power to as many as 60,000 customers during high-risk |

| |fire weather. The plan has been met with fierce opposition from residents, telecommunications companies, water |

| |districts, the County Office of Education and the CPUC’s Division of Ratepayer Advocates as well as the CPUC’s |

| |Consumer Safety Division. |

| | |

| |Opponents have demonstrated that the risks of cutting power to homes and businesses during extreme fire conditions |

| |outweigh the potential benefits. The plan would severely compromise the water supply to high fire areas and |

| |terminate life-saving emergency instructions to high-risk areas at moments when residents rely on those instructions |

| |most. |

| | |

| |Last month, SDG&E requested that the County enter into a formal Memorandum of Understanding (MOU) with the utility to|

| |delineate responsibilities in the event of a proactive shut off. County staff has advised SDG&E that such an MOU is |

| |“not necessary or prudent” because first responders need flexibility to react to the unique circumstances of each |

| |incident, rather than being bound by the rules of a pre-established MOU. In addition, a formal MOU of this nature |

| |could expose the County to numerous lawsuits. |

| | |

| |Today’s action would add the County to the growing number of entities opposed to SDG&E’s shut-off plan by registering|

| |the Board’s opposition with the CPUC. |

| |FISCAL IMPACT: |

| |There is no fiscal impact associated with this recommendation. |

| |BUSINESS IMPACT STATEMENT: |

| |N/A |

| |RECOMMENDATION: |

| |Chairwoman Jacob and Vice Chairwoman Slater-Price |

| |Direct the Chief Administrative Officer to draft a letter to the California Public Utilities Commission for the |

| |Chair’s signature communicating the Board’s opposition to the SDG&E power shut-off plan. |

| |ACTION: |

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

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

| |ABSENT: Roberts |

| |

|23. |SUBJECT: |ALLOCATION OF COMMUNITY PROJECTS FUNDS (DISTRICT: 5) |

| |OVERVIEW: |

| |Community Projects Funding assists non-profit organizations in providing essential services to citizens of San Diego |

| |County. Reinvesting taxpayer money in worthwhile organizations is a benefit to the citizens and communities of North |

| |County. |

| |FISCAL IMPACT: |

| |The fiscal impact of these recommendations is $1,208,515. The funding source is the Community Projects budget (Org |

| |15670). This action will result in the addition of no new staff years and no future costs. |

| |BUSINESS IMPACT STATEMENT: |

| |N/A |

| |RECOMMENDATION: |

| |SUPERVISOR HORN: |

| |Allocate $10,000 from Community Projects Budget (Org 15670) to Boys & Girls Club of San Marcos to cover marketing, |

| |entertainment, travel, food, venue, and professional service costs of the Luau Banquet event. |

| | |

| |Allocate $10,000 from Community Projects Budget (Org 15670) to Boys & Girls Club of San Marcos contingent upon the |

| |Boys & Girls Club of San Marcos first raising matching funds of $10,000 to purchase equipment and educational |

| |supplies and provide scholarships for children as part of the “It Just Takes One” campaign. |

| | |

| | |

| | |

| | |

| |Allocate $10,000 from Community Projects Budget (Org 15670) to Boys & Girls Club of Vista contingent upon the Boys & |

| |Girls Club of Vista first raising matching funds of $10,000 to cover equipment, educational supplies, marketing, and |

| |promotional costs associated with the “Gangbusters” after school program. |

| | |

| |Allocate $10,000 from Community Projects Budget (Org 15670) to Boys & Girls Club of Oceanside contingent upon the |

| |Boys & Girls Club of Oceanside first raising matching funds of $10,000 to help cover equipment, educational supplies,|

| |marketing, and promotional costs associated with the “Critical Hours” after school program. |

| | |

| |Allocate $10,000 from Community Projects Budget (Org 15670) to Boys & Girls Club of Carlsbad contingent upon the Boys|

| |& Girls Club of Carlsbad first raising matching funds of $10,000 to pay for the material and labor costs to make |

| |general facility repairs and the replacement of their gymnasium floor. |

| | |

| |Allocate $20,000 from Community Projects Budget (Org 15670) to Boys & Girls Clubs of Greater San Diego contingent |

| |upon the Greater Boys & Girls Clubs of San Diego first raising matching funds of $20,000 to purchase educational and |

| |promotional materials for the Junior Leaders programs of both the Boys & Girls Club of Borrego Springs and the Boys &|

| |Girls Club of Valley Center. |

| | |

| |Allocate $10,000 from Community Projects Budget (Org 15670) to Boys & Girls Club of North County contingent upon the |

| |Boys & Girls Club of North County first raising matching funds of $10,000 to pay for marketing, entertainment, |

| |travel, food, venue, and professional service costs associated with hosting their annual Auction and Dinner event. |

| | |

| |Allocate $10,000 from Community Projects Budget (Org 15670) to the Friends of the San Marcos Library contingent upon |

| |the Friends of the San Marcos Library first raising matching funds of $10,000 to cover the costs of a digital |

| |projector and educational supplies. |

| | |

| |Allocate $10,000 from Community Projects Budget (Org 15670) to the Friends of the Fallbrook Library contingent upon |

| |the Friends of the Fallbrook Library first raising matching funds of $10,000 to cover the costs of purchasing |

| |furniture and supplies for the new Fallbrook Library. |

| | |

| |Allocate $10,000 from Community Projects Budget (Org 15670) to the Friends of the Vista Library contingent upon the |

| |Friends of the Vista Library first raising matching funds of $10,000 to cover the costs of drapes, computer |

| |equipment, and educational supplies for their new piano training program. |

| | |

| | |

| | |

| |Allocate $10,000 from Community Projects Budget (Org 15670) to the Friends of the Valley Center Library contingent |

| |upon the Friends of the Valley Center Library first raising matching funds of $10,000 to cover the material, design, |

| |and labor costs of remodeling the Library’s Children Area. |

| | |

| |Allocate $10,000 from Community Projects Budget (Org 15670) to the Friends of the 4S Ranch Library contingent upon |

| |the Friends of the 4S Ranch Library first raising matching funds of $10,000 to cover the material, design, and labor |

| |costs of remodeling the Library’s Reading Room. |

| | |

| |Allocate $10,000 from Community Projects Budget (Org 15670) to the Friends of the Borrego Springs Library contingent |

| |upon the Friends of the Borrego Springs Library first raising matching funds of $10,000 to cover the purchase of |

| |video games, books, magazines, and new chairs. |

| | |

| |Allocate $10,000 from Community Projects Budget (Org 15670) to the Rancho Santa Fe Library Guild contingent upon the |

| |Rancho Santa Fe Library Guild first raising matching funds of $10,000 to cover the material, design, and labor costs |

| |of remodeling the Library’s kitchen area. |

| | |

| |Allocate $77,815 from Community Projects budget (Org 15670) to the Friends of the Fallbrook Library for construction |

| |of an entryway trellis at the new Fallbrook Library. |

| | |

| |Allocate $90,000 from Community Projects Budget (Org 15670) to the Palomar Mountain Volunteer Fire Department to |

| |cover the purchase at least 360 home kits of Barricade Fire Gel and the associated shipping and handling costs. |

| | |

| |Transfer appropriations of $280,000 from the Community Projects budget (Org 15670) to the Department of Public Works |

| |(Org 50861) for the construction of the Heritage Trails pathways and landscaping project in Valley Center. |

| | |

| |Establish appropriations of $280,000 in the Department of Public Works Road Fund for the Valley Center Heritage Trail|

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

| | |

| |Allocate $25,000 from the Community Projects budget (Org 15670) to the Fallbrook Music Society for marketing, |

| |entertainment, travel, food, venue, and professional service costs associated with the Annual Symphony Pops on the |

| |Green event. |

| | |

| |Allocate $10,000 from the Community Projects budget (Org 15670) to the Fallbrook Food Pantry to cover marketing, |

| |entertainment, travel, food, venue, and professional service costs associated with the annual Fallbrook Thanksgiving |

| |Walk fundraiser. |

| | |

| | |

| |Allocate $3,000 from the Community Projects budget (Org 15670) to the Vista Optimist Foundation for scholarships for |

| |2009 Miss Vista Scholarship Pageant contestants. |

| | |

| |Allocate $10,000 from the Community Projects budget (Org 15670) to the Rotary Club of Fallbrook to cover marketing, |

| |entertainment, travel, food, venue, and professional service costs associated with the annual Lobster on the Green |

| |fundraiser in Fallbrook. |

| | |

| |Allocate $2,000 from the Community Projects budget (Org 15670) to Veterans Baseball to cover the costs of equipment |

| |and uniforms. |

| | |

| |Allocate $80,000 from the Community Projects budget (Org 15670) to Mainly Mozart to cover venue, food, professional |

| |services, supplies, transportation and marketing costs associated with the “Spotlight Series” and “Living Composer” |

| |events, as well as the leadership cultivation events held throughout North County. |

| |Allocate $10,000 from the Community Projects budget (Org 15670) to the Camp Pendleton Armed Services YMCA to cover |

| |venue, food, professional services, supplies, and marketing costs associated with the Annual Golf Classic fundraising|

| |event. |

| |Allocate $5,000 from the Community Projects budget (Org 15670) to North County Community Services to assist with the |

| |costs of purchasing a refrigerated truck. |

| |Allocate $30,000 from the Community Projects budget (Org 15670) to the San Diego/Imperial Counties Chapter of the |

| |American Red Cross’s Services to the Armed Forces program for counseling fees, supplies, pre-deployment briefings and|

| |job referral services. |

| |Allocate $50,000 from the Community Projects budget (Org 15670) to the Ivey Ranch Park Association for supplies, |

| |instructor fees and equipment costs for the Horses for Heroes program. |

| |Allocate $5,000 from the Community Projects budget (Org 15670) to the San Diego North Convention & Visitors Bureau |

| |for marketing, entertainment, travel, food, venue, awards, a video and professional service costs associated with |

| |their annual meeting. |

| |Allocate $35,000 from the Community Projects budget (Org 15670) to reimburse the Pregnancy Resource Center for their |

| |moving expenses. |

| |Allocate $100,000 from the Community Projects budget (Org 15670) to North County Lifeline to provide scholarships for|

| |after-school programs. |

| | |

| | |

| | |

| |Allocate $25,000 from the Community Projects budget (Org 15670) to the Moonlight Cultural Foundation contingent upon |

| |the Moonlight Cultural Foundation first raising matching funds of $25,000 to help cover the costs of purchasing new |

| |sound and lighting equipment. |

| |Allocate $30,000 from the Community Projects budget (Org 15670) to Life Perspectives for marketing, entertainment, |

| |travel, food, venue, and professional service costs associated with the Life Walk ’09. |

| |Allocate $12,000 from the Community Projects budget (Org 15670) to Fallbrook Land Conservancy for repairs to the |

| |Palomares House, installation of an informational kiosk, materials and professional services for a pruning workshop, |

| |and marketing, entertainment, travel, food, venue, and professional service costs associated with the Stage Coach |

| |Sunday community event. |

| |Allocate $20,000 from the Community Projects budget (Org 15670) to San Diego Opera for marketing, entertainment, |

| |travel, and professional service costs associated with the Schoolchildren Music Initiative program. |

| | |

| |Allocate $10,000 from the Community Projects budget (Org 15670) to Jewish Family Services for the purchase of at |

| |least 400 food bags for needy military families. |

| | |

| |Allocate $35,000 from the Community Projects budget (Org 15670) to Fallbrook Village Association for professional |

| |service costs associated with designing the Fallbrook School of the Arts’ Special Event Master Plan. |

| | |

| |Allocate $16,200 from the Community Projects budget (Org 15670) to Rancho Santa Fe Historical Society to cover the |

| |costs of adding and repairing interior lighting fixtures, provide termite treatment, and to repair termite-damaged |

| |gates and windows. |

| | |

| |Allocate $27,500 from Community Projects budget (Org 15670) to the Fallbrook Area Visitors Bureau for magazine ads, |

| |an office computer, Art Faire sponsorship, and costs associated with moving to a new location. |

| | |

| |Allocate $20,000 from Community Projects budget (Org 15670) to the Fallbrook Village Association for the following |

| |capital improvements to the Village Square and associated costs: security fencing, a sound and PA system, a sink, |

| |lighting, commercial-grade tables and chairs, visitor information and event signage, damaged brick and tile |

| |replacement, repairs to the storage shed, and marketing and promotion materials for the Farmers’ Market. |

| | |

| |Transfer appropriations of $10,000 from the Community Projects budget (Org 15670) to the Sheriff’s Department (Org |

| |39545) for the San Marcos Retired Senior Volunteer Patrol program to purchase safety boots, rain suits, flashlights, |

| |digital cameras, office supplies, duffle bags, whistles and GPS units. |

| |Transfer appropriations of $10,000 from the Community Projects budget (Org 15670) to the Sheriff’s Department (Org |

| |39545) for the Vista Retired Senior Volunteer Patrol program to purchase safety boots, rain suits, flashlights, |

| |digital cameras, office supplies, duffle bags, whistles and GPS units. |

| | |

| |Transfer appropriations of $1,000 from the Community Projects budget (Org 15670) to the Sheriff’s Department (Org |

| |39545) for the 4S Ranch Retired Senior Volunteer Patrol program to purchase safety boots, rain suits, flashlights, |

| |digital cameras, office supplies, duffle bags, whistles and GPS units. |

| | |

| |Transfer appropriations of $24,500 from the Community Projects budget (Org 15670) to the Sheriff’s Department (Org |

| |39545) for the Fallbrook Retired Senior Volunteer Patrol program to purchase safety boots, rain suits, flashlights, |

| |digital cameras, office supplies, duffle bags, whistles and GPS units. |

| | |

| |Transfer appropriations of $4,500 from the Community Projects budget (Org 15670) to the Sheriff’s Department (Org |

| |39545) for the Valley Center Retired Senior Volunteer Patrol program to purchase safety boots, rain suits, |

| |flashlights, digital cameras, office supplies, duffle bags, whistles and GPS units. |

| | |

| |Amend the purpose of the April 7, 2009 (10) allocation of $30,000 to Greater Valley Center Fire Safe Council, Inc. to|

| |include the design and maintenance of a community fire education website. Authorize the Chief Financial Officer to |

| |amend the grant agreement accordingly. |

| | |

| |Amend the purpose of the September 18, 2007 (14) allocation of $20,000 to Patriotic Hearts, Inc. to include supplies,|

| |marketing, entertainment, travel, food, venue, and professional service costs associated with job fair and marriage |

| |enrichment events. Authorize the Chief Financial Officer to amend the grant agreement accordingly. |

| | |

| |Amend the purpose of the May 17, 2005 (3) allocation of $10,000 to the Friends of the Borrego Springs Library to |

| |include the purchase of benches. Authorize the Chief Financial Officer to amend the grant agreement accordingly. |

| | |

| |Amend the purpose of the January 30, 2007 (25) allocation of $50,000 to the Borrego Springs Chamber of Commerce to |

| |include legal and accounting fees, marketing, website design and maintenance, logo design, stationery, and downtown |

| |walking guides for the Borrego Village Association and food expenses for the workshops and meetings for the Borrego |

| |Springs Chamber of Commerce. Authorize the Chief Financial Officer to amend the grant agreement accordingly. |

| | |

| | |

| |Authorize the Chief Financial Officer to execute a grant agreement with the organizations listed above, establishing |

| |terms for receipt of the funds described above and to make minor amendments to the agreement that are consistent with|

| |the general purpose of the grant but do not increase the grant. |

| | |

| |Find that that allocations recommended in items 5, 11, 12, 14, 33, 37, and 39 are exempt from the requirements of the|

| |California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines section because the allocations will be |

| |used for the repair, maintenance or minor alterations to existing buildings and do not involve any expansion of the |

| |use of the buildings. |

| | |

| |Find that these grant awards have a public purpose. |

| |ACTION: |

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

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

| |

|24. |SUBJECT: |ADMINISTRATIVE ITEM: |

| | |SECOND CONSIDERATION AND ADOPTION OF ORDINANCE: REVISED AMBULANCE FEES IN COUNTY SERVICE |

| | |AREAS 69 AND 17 |

| | |(DISTRICTS: 2, 3, & 5) |

| |OVERVIEW: |

| |On June 16, 2009 (10), the Board of Supervisors introduced Ordinance for further Board consideration and adoption |

| |on June 23, 2009. |

| | |

| |County Service Area (CSA) 69, Heartland Paramedic District, and County Service Area (CSA) 17, San Dieguito |

| |Emergency Medical Services District, were formed by the Board of Supervisors in 1974 and 1969 respectively. CSA 69|

| |and 17 provide emergency medical services to the residents and visitors of their districts. These services are |

| |funded by property taxes, special benefit taxes, non-district resident ambulance transport fees, and in CSA 69 |

| |district resident fees. CSA 69 and 17 expenditures are projected to exceed revenues by over $400,000 in FY |

| |2008/09 and 2009/10, which will nearly deplete the CSAs’ reserve funds. |

| | |

| |Today’s proposal requests implementation of: |

| |A fee increase per ambulance transport from $820 for Advanced Life Support and $720 for Basic Life Support to a |

| |rate of $1,050 for both Advanced Life Support and Basic Life Support ambulance transports for the non-residents |

| |and visitors of the CSA 69 and 17 districts, |

| | |

| |A fee increase per ambulance transport for Advanced Life and Basic Life Support from $575 to $900 for the |

| |residents of the CSA 69, and |

| |An additional $6.00 increase per mile as outlined in Attachment I. |

| | |

| |No change to the fee structures for the district residents of CSA 17 is proposed. The Director, Health and Human |

| |Services, or the Director’s designee may waive said fee for those CSA 69 district residents financially unable to |

| |pay the fee. |

| | |

| |Approval of today’s request will have no impact on property taxes or special benefit taxes. The increases will |

| |provide financial stability and enable the CSA responders to continue providing the current level of emergency |

| |medical care to the community. Additionally, it will bring the ambulance transport fees in line with the fees |

| |currently charged in the surrounding communities and within other counties in California. |

| |FISCAL IMPACT: |

| |Funds are included in the CAO’s Proposed Operational Plan for FY 2009-11. If approved, this request will result in|

| |approximately $285,000 for CSA-69 and $164,000 for CSA-17 in FY 2009-2010. There will be no change in net general|

| |fund cost and no additional staff years. No additional appropriations or budget adjustments are needed in the |

| |current fiscal year |

| |BUSINESS IMPACT STATEMENT: |

| |N/A |

| |RECOMMENDATION: |

| |CHIEF ADMINISTRATIVE OFFICER |

| |Adopt the Ordinance entitled: |

| | |

| |AN ORDINANCE AMENDING THE COUNTY OF SAN DIEGO ADMINISTRATIVE CODE RELATING TO AMBULANCE FEES IN COUNTY SERVICE |

| |AREAS 69 AND 17 |

| |ACTION: |

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

| |Consent, adopting Ordinance No. 9992 (N.S.) entitled: AN ORDINANCE AMENDING THE COUNTY OF SAN DIEGO ADMINISTRATIVE|

| |CODE RELATING TO AMBULANCE FEES IN COUNTY SERVICE AREAS 69 AND 17. |

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

| |

|25. |SUBJECT: |ALLOCATION OF COMMUNITY PROJECTS FUNDS (DISTRICT: 4) |

| |OVERVIEW: |

| |The County’s fiscal condition has enabled it to reinvest taxpayer money in our communities for the benefit of the |

| |public. This recommended action proposes that several projects of great benefit to San Diego County be funded |

| |using Community Projects Funds. |

| |FISCAL IMPACT: |

| |The total combined cost of the proposed recommendation is $480,345.25. Appropriations are available in the |

| |Community Projects Budget unit (15665). This action will result in the addition of no staff years and no future |

| |costs. |

| |BUSINESS IMPACT STATEMENT: |

| |N/A |

| |RECOMMENDATION: |

| |SUPERVISOR ROBERTS |

| |Allocate $25,000 from the Community Projects Budget unit (15665) to the Children's Dental Health Association of |

| |San Diego to purchase dental equipment, x-ray machines, computer hardware and software, audio/visual equipment and|

| |furniture. |

| | |

| |Allocate $10,000 from the Community Projects Budget unit (15665) to the San Diego Business Education Foundation |

| |(CONNECT) to assist with the purchasing of data and marketing costs for the CONNECT Innovation Report. |

| | |

| |Allocate $10,000 from the Community Projects Budget unit (15665) to ElderHelp of San Diego for consulting cost, |

| |hosting community forums, as well as develop preliminary drawings and floor plans for the ElderHelp Wellness |

| |Center. |

| | |

| |Allocate $25,000 from the Community Projects Budget unit (15665) to the San Diego Hall of Champions for the design|

| |and construction of a permanent exhibit located at the museum in Balboa Park that will recognize the region’s |

| |recipients of various awards, such as the High School Athlete of the Year, All League, Challenged Athlete of the |

| |Year and the Hall of Fame. |

| | |

| |Transfer appropriations of $25,000 from the Community Projects Budget unit (15665) to the San Diego County Library|

| |to purchase new audio books and DVDs. |

| | |

| |Allocate $15,000 from Community Projects budget (15665) to the Little Italy Association to purchase recycling |

| |receptacles which will be placed throughout the Little Italy community. |

| | |

| | |

| |Allocate $76,006.25 from Community Projects budget (15665) to Phoenix House to replace roofing, windows and entry |

| |doors, as well as to renovate bathrooms and for costs associated with the treatment of teens for substance abuse, |

| |including salaries and supplies. |

| | |

| |Allocate $19,339 from Community Projects budget (15665) to the Rolando Little League to purchase and install |

| |bleachers, pitching mounds, batting cage flooring, benches, safety padding, lockers, fencing, new turf and other |

| |field improvements to the field located at 6600 Vigo Drive, 91941. |

| | |

| |Allocate $25,000 from Community Projects Budget (15665) to the San Diego Center for Children for costs associated |

| |with a summer reading program, including hiring a consultant who will conduct testing as well as purchase books |

| |and materials. |

| | |

| |Allocate $50,000 from the Community Projects Budget unit (15665) to the San Diego Zoological Society to purchase a|

| |“Tool Cat” as well as fund the Children’s Rainforest Project for two years. |

| | |

| |Allocate $25,000 from the Community Projects Budget unit (15665) to the Tecolote Little League for field |

| |improvement costs. |

| | |

| |Allocate $100,000 from the Community Projects Budget unit (15665) to the San Pasqual Academy Foundation for costs |

| |associated with the pre-construction of a football field at San Pasqual Academy, including design and consulting |

| |work. |

| | |

| |Allocate $50,000 from the Community Projects Budget unit (15665) to the San Diego World Trade Center for the |

| |design and printing of brochures, as well as production costs and staff time associated with trade shows that will|

| |showcase investment opportunities in San Diego County. |

| | |

| |Allocate $25,000 from the Community Projects Budget unit (15665) to Trevor’s Toybox Corporation to purchase games,|

| |videos, decorations, care package items and arts and craft supplies to make local medical facilities more |

| |child-friendly. |

| | |

| |Amend the purpose of the February 26, 2008 (18) allocation of $40,000 to the Kearny Komet Foundation to include |

| |the purchase of a storage container. Authorize the Chief Financial Officer to amend the grant agreement |

| |accordingly. |

| | |

| |Establish appropriations of $22,758.63 in the Community Projects Budget (Org 15665) based on the unused portion of|

| |the February 26, 2008 (18) allocation of $40,000 to Kearny Komet Foundation to purchase and install bleachers on |

| |the visitor's side of the football stadium at Kearny High School in Linda Vista, so the funds can be reallocated |

| |to other projects.  (4 VOTES) |

| |Rescind the July 18, 2006 (17) allocation of $25,000 from Community Projects budget (Org 15665) to North Park |

| |Community Association for design and construction drawings for the North Park Theater Promenade, and reallocate |

| |the $25,000 from Community Projects budget (Org 15665) to North Park Organization of Businesses, Inc. for the same|

| |purpose. |

| | |

| |Find that the authorizations described in 7, 8, and 11 are exempt from the provisions of the California |

| |Environmental Quality Act (CEQA) pursuant to section 15301 of the CEQA Guidelines because the allocations will be |

| |used for maintenance, repair and minor alterations to existing facilities. |

| | |

| |In respect to the allocation described in 12, find that the Negative Declaration (ND) and Subsequent ND on file in|

| |the Department of Planning and Land Use as MUP No. P74-006W3 have been completed in compliance with California |

| |Environmental Quality Act (CEQA) and the state CEQA Guidelines and that the Board of Supervisors 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 Chief Financial Officer to execute grant agreements with these organizations establishing the 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 all the grant awards described above have a public purpose. |

| |ACTION: |

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

| |Consent. |

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

| |

|26. |SUBJECT: |CLOSED SESSION (DISTRICTS: ALL) |

| |OVERVIEW: |

| |CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION |

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

| |Paulette Fuentes, et al. v. County of San Diego, et al.; San Diego County Superior Court No. |

| |37-2008-00085121-CU-PA-CTL |

| | |

| |CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION |

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

| |County of San Diego v. Samuel Manoukian, et al.; San Diego County Superior Court No. 37-2009-00051465-CU-EI-NC |

| | |

| |CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION |

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

| |County of San Diego v. Sempra Energy, et al.; San Diego County Superior Court No. GIC 833371 |

| | |

| |CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION |

| |Initiation of litigation pursuant to subdivision (c) of Government Code section 54956.9: (Number of Cases – 1) |

| | |

| |CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION |

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

| |Orlando Valenzuela, et al. v. County of San Diego, et al.; San Diego County Superior Court No. GIC 859567 |

| | |

| |CONFERENCE WITH REAL PROPERTY NEGOTIATORS |

| |(Government Code section 54956.8) |

| |Property: 9440 Ruffin Court, San Diego, CA 92123 |

| | |

| |Negotiating Parties: |

| | |

| |County: Nick Macchione and April Heinze |

| | |

| |Other: Promises 2 Kids |

| | |

| |Under Negotiation: Price and Terms |

| |ACTION: |

| |Any reportable matters will be announced on Wednesday, June 24, 2009, prior to the Board of Supervisors Planning |

| |and Land Use meeting. |

| |

|27. |SUBJECT: |PRESENTATIONS/AWARDS |

| |OVERVIEW: |

| |Chairwoman Dianne Jacob presented a proclamation declaring June 23, 2009, Lila Tartar Day throughout the County of|

| |San Diego. |

| |Vice-Chairwoman Slater-Price and Supervisor Ron Roberts presented a proclamation declaring June 23, 2009, Tracy |

| |Jarman Day throughout the County of San Diego. |

| | |

| |Supervisor Bill Horn presented a proclamation declaring June 23, 2009, Lynne Gilstrap Day throughout the County of|

| |San Diego. |

| | |

| |Supervisor Greg Cox and Supervisor Ron Roberts presented a proclamation declaring June 23, 2009, Phil Pace Day |

| |throughout the County of San Diego. |

There being no further business, the Board adjourned at 3:00 p.m. in memory of Mary Goodall, Daniel Munoz, Hannes Schuster, and Brandon Vincent Brooke.

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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