County of San Diego Board of Supervisors s31

STATEMENT OF PROCEEDINGS COUNTY OF SAN DIEGO BOARD OF SUPERVISORS REGULAR MEETING TUESDAY, SEPTEMBER 22, 2009 Board Of Supervisors North Chamber 1600 Pacific Highway, Room 310, San Diego, California

MORNING SESSION: - Meeting was called to order at 9:02 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 Dave Riley from Calvary Chapel of La Mesa.

Pledge of Allegiance to the Flag led by Bostonia Elementary School students.

Public Communication: [No Speakers]

Category Agenda No. Subject

Public Safety 1. SHERIFF – ACCEPTANCE OF 2009 OPERATION STONEGARDEN GRANT AWARD [FUNDING SOURCE(S): UNANTICIPATED GRANT REVENUE FROM THE CALIFORNIA EMERGENCY MANAGEMENT AGENCY (CALEMA), OPERATION STONEGARDEN GRANT] (4 VOTES) 2. SHERIFF – REQUEST FOR SOLE SOURCE PROCUREMENT OF DIGITAL CAPTURE SYSTEMS [FUNDING SOURCE(S): REVENUE FROM THE SHERIFF’S FINGERPRINT ID TRUST FUND] Category Agenda No. Subject

3. SHERIFF – APPROPRIATION OF AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009 EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT (JAG) FUNDS FROM THE U. S. DEPARTMENT OF JUSTICE BUREAU OF JUSTICE ASSISTANCE THROUGH THE CITY OF SAN DIEGO THROUGH THE CITY OF VISTA AND APPROPRIATION OF THE ANNUAL FY 2009 EDWARD BYRNE MEMORIAL JAG PROGRAM THROUGH THE CITY OF VISTA AND ADDITION OF ONE STAFF YEAR [FUNDING SOURCE(S): UNANTICIPATED RECOVERY ACT GRANT REVENUE AND ANNUAL GRANT REVENUE FROM THE USDOJ BJA THROUGH THE CITY OF SAN DIEGO AND THROUGH THE CITY OF VISTA FOR THE PROJECT PERIOD OCTOBER 1, 2009 THROUGH JUNE 30, 2011] (4 VOTES) 4. SHERIFF – ACCEPTANCE OF GRANT AWARDS FROM THE CALIFORNIA DEPARTMENT OF PARKS AND RECREATION; CALIFORNIA OFFICE OF TRAFFIC SAFETY; CALIFORNIA OFFICE OF TRAFFIC SAFETY THROUGH THE CALIFORNIA HIGHWAY PATROL; AND THE SAN DIEGO COUNTY LAW ENFORCEMENT FOUNDATION [FUNDING SOURCE(S): UNANTICIPATED GRANT REVENUE FROM THE DPR, OTS, SDCLEF, AND OTS THROUGH THE CHP] (4 VOTES) 5. SHERIFF ACCEPTANCE OF SAN DIEGO SERVICE AUTHORITY FOR FREEWAY EMERGENCIES (SAFE) FUNDS FOR COUNTY REGIONAL HELICOPTER OPERATIONS [FUNDING SOURCE(S): SAFE PROGRAM] (4 VOTES)

9/22/09 2 Category Agenda No. Subject

6. PROBATION – ACCEPTANCE AND APPROPRIATION OF CORRECTIONS STANDARDS AUTHORITY FUNDS FOR THE ANGER MANAGEMENT AND YOUTH VIOLENCE PREVENTION TRAINING PROGRAM [FUNDING SOURCE(S): CORRECTIONS STANDARDS AUTHORITY] (4 VOTES) 7. MEDICAL EXAMINER’S SOLE SOURCE PROCUREMENT OF TOXICOLOGY LABORATORY AND DIGITAL X-RAY EQUIPMENT [FUNDING SOURCE(S): CAPITAL PROJECT 1006566 MEDICAL EXAMINER AND FORENSIC CENTER] Community Services 8. NOTICED PUBLIC HEARING: PROPOSED SUBSTANTIAL AMENDMENT TO THE FISCAL YEAR 2009-10 ANNUAL FUNDING PLAN FOR CDBG, HOME, ESG, AND HOPWA AND REALLOCATION OF CDBG, HOME, AND HOPWA FUNDS 9. ACCEPTANCE OF DONATIONS FOR THE RAMONA BRANCH LIBRARY AND AUTHORITY TO APPROVE CONTRACT CHANGE ORDERS FOR RAMONA AND FALLBROOK BRANCH LIBRARY CONSTRUCTION (4 VOTES)

10. APPROVE STRATEGIC ENERGY PLAN 2009– 2012; AMEND BOARD POLICY G-15; DELETE BOARD POLICY F-50; AUTHORIZE EXTENSION OF ENERGY INITIATIVE PARTNERSHIP AGREEMENT; AUTHORIZE ENERGY SERVICES CONTRACTS; AND ESTABLISH APPROPRIATIONS CONTINGENT UPON AWARD OF THE AMERICAN RECOVERY AND REINVESTMENT ACT (ARRA) ENERGY EFFICIENCY AND CONSERVATION BLOCK GRANT [FUNDING SOURCE(S): UNANTICIPATED REVENUE FROM THE AMERICAN RECOVERY AND REINVESTMENT ACT ENERGY EFFICIENCY AND CONSERVATION BLOCK GRANT] (4 VOTES) Financial and General 11. COMPETITIVE SOLICITATION FOR BANKING Government SERVICES NEGOTIATION/AWARD OF CONTRACT [FUNDING SOURCE(S): BANKING SERVICES POOLED MONEY REVENUES] 12. FISCAL YEAR 2009-10 APPROPRIATION LIMIT FOR THE COUNTY FAMILY OF FUNDS 13. 2009 JUSTICE FACILITY REFUNDING CERTIFICATES OF PARTICIPATION DOCUMENTS 14. BUDGET ADJUSTMENTS PURSUANT TO STATE’S AMENDED BUDGET [FUNDING SOURCE(S): UNANTICIPATED REVENUE FROM THE FIRST FIVE COMMISSION] (4VOTES) Communications 15. COMMUNICATIONS RECEIVED Received Financial and General 16. ADMINISTRATIVE ITEM: Government SECOND CONSIDERATION AND ADOPTION OF ORDINANCES: AMENDMENTS TO THE COMPENSATION ORDINANCE AND TO THE ADMINISTRATIVE CODE 17. ADMINISTRATIVE ITEM: SECOND CONSIDERATION AND ADOPTION OF ORDINANCE: AMENDMENTS TO THE COMPENSATION ORDINANCE RELATING TO THE RATIFIED AGREEMENT FOR THE EMPLOYEE BARGAINING UNIT

REPRESENTED BY THE SAN DIEGO PROBATION OFFICERS’ ASSOCIATION (First Reading – 09/15/09: Second Reading – 09/22/09) [FUNDING SOURCE(S): COMBINATION OF PROGRAM REVENUES AND GENERAL PURPOSE REVENUES] 18. ADMINISTRATIVE ITEM: SECOND CONSIDERATION AND ADOPTION OF ORDINANCE: SUNSET REVIEW OF BOARD OF SUPERVISORS POLICIES AND COUNTY ADMINISTRATIVE CODE ARTICLES ASSIGNED TO THE FINANCE AND GENERAL GOVERNMENT GROUP Appointments 19. ADMINISTRATIVE ITEM: APPOINTMENTS Financial and General 20. REINVESTING TAXPAYER DOLLARS INTO Government OUR COMMUNITIES 21. REQUEST FOR INVESTIGATION OF ALLEGATIONS OF VOTING IRREGULARITIES AND OTHER ALLEGATIONS OF MISCONDUCT BY ASSOCIATION OF COMMUNITY ORGANIZATIONS FOR REFORM NOW (ACORN) EMPLOYEES Closed Session 22. CLOSED SESSION Presentations/Awards 23. PRESENTATIONS/AWARDS

9/22/09 5 SUBJECT:1. SHERIFF – ACCEPTANCE OF 2009 OPERATION STONEGARDEN GRANT AWARD (DISTRICTS: ALL) OVERVIEW: This is a request to authorize the Sheriff’s Department’s acceptance of $8,844,033 in 2009 Operation Stonegarden (OPSG) grant funds from the Federal Department of Homeland Security, passed through the California Emergency Management Agency (CalEMA), and adopt a resolution for the 2009 Operation Stonegarden Grant. The total 2009 OPSG award for 13 states and Puerto Rico was $60 million, in which California was awarded more than $11.9 million. The objective of the OPSG grant program is to increase coordination and enhance local law enforcement presence along the border. On January 6, 2009 (3), your Board approved the submission of the 2009 OPSG grant application. The OPSG grant program is intended to enhance law enforcement preparedness and operational readiness along the land borders of the United States. As was the case in 2008, the 2009 OPSG grant program will provide funding to designated localities to enhance cooperation and coordination between law enforcement agencies in a joint mission to secure the United States land borders. FISCAL IMPACT: Funds for these requests are not included in the Fiscal Year 2009-11 Adopted Operational Plan for the Sheriff’s Department. If approved, this request will result in current year costs and revenue of $8,844,033. The funding source is unanticipated grant revenue from the California Emergency Management Agency (CalEMA), Operation Stonegarden Grant. There will be no change in net General Fund cost and no additional staff years. BUSINESS IMPACT STATEMENT: N/A RECOMMENDATION: SHERIFF 1. Waive Board Policy B-29, Fees, Grants, Revenue Contracts – Department Responsibility for Cost Recovery, which requires full cost recovery for grants and requires that Board approval be given in advance of application for funds.

2. Authorize the Sheriff’s Department to accept and administer 2009 OPSG grant funds in the amount of $8,844,033 from the California Emergency Management Agency (CalEMA) for the period October 1, 2009 to September 30, 2012.

3. Adopt a resolution entitled, “A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF SAN DIEGO RELATING TO THE 2009 OPERATION STONEGARDEN GRANT.” 4. Establish appropriations of $8,844,033 in the Sheriff’s Department to support salaries and benefits for overtime ($2,809,250) and services and supplies ($6,034,783) for the multiple agencies within the San Diego County region working on Operation Stonegarden based on unanticipated revenue received from the California Emergency Management Agency (CalEMA) Operation

9/22/09 1 Stonegarden grant funds. (4 VOTES)

5. Authorize the Sheriff to enter into expenditure contracts related to the Operation Stonegarden grant to reimburse overtime and equipment expenses, not to exceed $3,574,431 incurred collectively by participating law enforcement agencies performing grant activities during the period October 1, 2009 to September 30, 2012. Individual agency awards are as follows: $277,034 for San Diego Harbor Police Department; $1,502,359 for California Highway Patrol; $123,125 for California Department of Fish and Game; $1,470,797 for Chula Vista Police Department, and $201,116 for San Diego County Probation.

6. Authorize the Sheriff to execute the acceptance of the 2009 OPSG grant from the California Emergency Management Agency (CalEMA), and any extensions, amendments, or revisions thereof that do not materially impact or alter the grant programs or funding level.

ACTION: ON MOTION of Supervisor Slater-Price, seconded by Supervisor Horn, the Board took action as recommended, on Consent, adopting Resolution No. 09-185, entitled: A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF SAN DIEGO RELATING TO THE 2009 OPERATION STONEGARDEN GRANT.

AYES: Cox, Jacob, Slater-Price, Roberts, Horn SUBJECT:2. SHERIFF – REQUEST FOR SOLE SOURCE PROCUREMENT OF DIGITAL CAPTURE SYSTEMS (DISTRICTS: ALL) OVERVIEW: The San Diego County Cal-ID/Remote Access Network (RAN) Board is a regional policy and advisory board responsible for making recommendations on the distribution of Cal-ID funds. On February 9, 2009, the RAN Board authorized the procurement of two Digital Capture Systems (DCS-4), which are components of the Automated Fingerprint Identification System (AFIS), with funding from the Sheriff’s Fingerprint ID Trust Fund. The DCS-4 is a unique system developed specifically for the capture, enhancement, and printing of fingerprints. The systems will allow for improved efficiency in the identification of latent prints in criminal cases, which will result in increased safety for the public. This is a request for the sole source procurement of two Digital Capture Systems (DCS-4) from Foster & Freeman. FISCAL IMPACT: Funds for this request are included in the Fiscal Year 2009-11 Sheriff’s Operational Plan. If approved, this request will result in Fiscal Year 2009-10 estimated cost and revenue of $126,180. The funding source is revenue from the Sheriff’s Fingerprint ID Trust Fund. Future maintenance costs, which are estimated to be between $7,000 and $8,000 per year, will also be covered through the Fingerprint ID Trust Fund. This request will not require any additional staff

9/22/09 2 years. BUSINESS IMPACT STATEMENT: N/A RECOMMENDATION: SHERIFF In accordance with Board Policy A-87, Competitive Procurement, approve and authorize the Purchasing and Contracting Director to enter into negotiations with Foster & Freeman, and subject to negotiations and a determination of a fair and reasonable price, award a contract for the purchase of two Digital Capture Systems (DCS-4) and to amend the contract as needed to reflect changes to services and funding subject to the approval of the Sheriff. Waive the advertising requirement of Board Policy A-87.

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

AYES: Cox, Jacob, Slater-Price, Roberts, Horn SUBJECT:3. SHERIFF – APPROPRIATION OF AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009 EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT (JAG) FUNDS FROM THE U. S. DEPARTMENT OF JUSTICE BUREAU OF JUSTICE ASSISTANCE THROUGH THE CITY OF SAN DIEGO THROUGH THE CITY OF VISTA AND APPROPRIATION OF THE ANNUAL FY 2009 EDWARD BYRNE MEMORIAL JAG PROGRAM THROUGH THE CITY OF VISTA AND ADDITION OF ONE STAFF YEAR (DISTRICTS: ALL) OVERVIEW: On March 3, 2009 (12), your Board approved the application and acceptance of grant funds from the American Recovery and Reinvestment Act of 2009 (Recovery Act), also known as the Economic Stimulus Plan. The City of San Diego submitted an application for and was awarded funds under the Fiscal Year (FY) 2009 Recovery Act Solicitation titled Edward Byrne Memorial Justice Assistance Grant (JAG) Formula Program: Local Solicitation. The grant award is from the U. S. Department of Justice Bureau of Justice Assistance (USDOJ BJA). This request is to authorize the acceptance of grant funds passed through the City of San Diego and through the City of Vista totaling $238,043 to fund one position (1.0 additional staff years) in the Sheriff’s Department for a period of 18 months beginning October 1, 2009 through March 31, 2011. The City of Vista also submitted an application for and was awarded funds under the annual FY 2009 Edward Byrne Memorial JAG Program: Local Solicitation. The grant award is from the USDOJ BJA. This request is to authorize the acceptance of grant funds passed through the City of Vista totaling $38,321 to fund the position mentioned above for an additional three months for the period beginning April 1, 2011 through June 30, 2011.

9/22/09 3 These grant awards will fund one Sheriff’s Street Narcotic/Gang Investigator Deputy Sheriff dedicated to the Street Narcotics/Gang team under the Sheriff’s contract with the City of Vista. The team originally was composed of one Sheriff’s sergeant and five Deputy Sheriff investigators but the City of Vista requested a reduction to three investigators due to revenue shortfalls in its annual budget. The award will provide additional funding for one Sheriff’s Street Narcotic/Gang Investigator Deputy Sheriff in the Sheriff’s Department for the 21- month period beginning October 1, 2009 through June 30, 2011. FISCAL IMPACT: Funds for this request are not included in the Sheriff’s FY 2009-11 Adopted Operational Plan. The funding source is unanticipated Recovery Act grant revenue and annual grant revenue from the USDOJ BJA through the City of San Diego and through the City of Vista for the project period October 1, 2009 through June 30, 2011. If approved, this request will result in estimated FY 2009-10 direct costs and revenue of $119,022 and estimated unreimbursed overhead costs of $32,113 and FY 2010-11 direct costs and revenue of $157,342 and estimated unreimbursed overhead costs of $42,560 and will require the addition of one additional staff year. Estimated unreimbursed overhead costs will be covered by existing general fund appropriations in the Sheriff’s budget. BUSINESS IMPACT STATEMENT: N/A RECOMMENDATION: SHERIFF 1. Waive Board Policy B-29, Fees, Grants, Revenue Contracts – Department Responsibility for Cost Recovery, which requires full cost recovery for grants.

2. Authorize the Chief Administrative Officer, or his designee, and the Sheriff, or his designee, to execute all required grant documents and grant-related agreements, including any annual extensions, amendments, and/or revisions thereof that do not materially impact or alter the services or funding level.

3. Establish appropriations of $119,022 in the Sheriff’s Department for salaries and benefits ($114,061) and services and supplies ($4,961) based on unanticipated revenue from USDOJ BJA. (4 VOTES)

4. Approve and authorize the Sheriff to enter into an agreement with the City of Vista for an amount not to exceed $276,364 for the period October 1, 2009 through June 30, 2011.

5. Approve the request to fund one position (add 1.0 staff year) in the Sheriff’s Department’s Fiscal Year 2009-11 Operational Plan and authorize the Department of Human Resources to appropriately classify this position.

9/22/09 4 ACTION: ON MOTION of Supervisor Slater-Price, seconded by Supervisor Horn, the Board took action as recommended, on Consent.

AYES: Cox, Jacob, Slater-Price, Roberts, Horn SUBJECT:4. SHERIFF – ACCEPTANCE OF GRANT AWARDS FROM THE CALIFORNIA DEPARTMENT OF PARKS AND RECREATION; CALIFORNIA OFFICE OF TRAFFIC SAFETY; CALIFORNIA OFFICE OF TRAFFIC SAFETY THROUGH THE CALIFORNIA HIGHWAY PATROL; AND THE SAN DIEGO COUNTY LAW ENFORCEMENT FOUNDATION (DISTRICTS: ALL) OVERVIEW: This request is to authorize the acceptance of and the appropriation of grant funds totaling $740,762 as follows:

- On March 24, 2009 (2), your Board ratified the submission of grant proposals to the California Department of Parks and Recreation (DPR) and to the California Office of Traffic Safety (OTS). On July 1, 2009, the DPR awarded the Sheriff’s Department $81,058 to provide Off-Highway Motor Vehicle Recreation (OHMVR) law enforcement activities in San Diego County during the period beginning August 1, 2009 through July 31, 2010. On May 13, 2009, the California Office of Traffic Safety (OTS) awarded the Sheriff’s Department $602,600 to continue its efforts to aggressively enforce impaired driving and violation of driver’s license laws within the nine contract cities it serves during the period beginning October 1, 2009 through September 30, 2010. The proposal submitted to OTS totaled $598,979 but OTS awarded an additional $3,621 for a total award of $602,600.

- On July 21, 2009 (4), your Board ratified the submission of grant proposals to the San Diego County Law Enforcement Foundation (SDCLEF). On July 31, 2009, SDCLEF awarded the department $12,104 to purchase life saving equipment during the period July 1, 2009 through June 30, 2010.

- On January 27, 2009 (5), your Board approved a resolution allowing County departments to enter into an agreement with the California Highway Patrol (CHP) for purposes of combating driving under the influence in the El Cajon area. The California OTS through the California Highway Patrol (CHP) is reimbursing the Sheriff’s Department $20,000 for overtime to perform enhanced traffic control Driving Under the Influence (DUI) patrols on SR-67 within San Diego County during the period April 1, 2009 through March 31, 2010.

- The California OTS through the CHP is reimbursing the Sheriff’s Department $25,000 for overtime to perform law enforcement activities on portions of SR-76 adjacent to the Sheriff’s jurisdiction during the period

9/22/09 5 September 1, 2009 through July 31, 2010. FISCAL IMPACT: Funds for this request are not included in the Sheriff’s Fiscal Year (FY) 2009-11 Operational Plan. If approved, this request will result in FY 2009-10 costs and revenue of $590,115 and FY 2010-11 costs and revenue of $150,647. The funding source is unanticipated grant revenue from the DPR, OTS, SDCLEF, and OTS through the CHP. There will be no change in net general funds costs and no additional staff years.

DPR (OHMVR Program) If approved, this request will result in FY 2009-10 costs and revenue of $81,058. This grant requires a local match of $35,904 that will be satisfied through in-kind time and services provided by the Sheriff’s Off-Road Enforcement Team (ORET) Reserve Deputies and other Sheriff’s staff working on this project.

OTS (DUI Enforcement & Awareness Program) If approved, this request will result in FY 2009-10 costs and revenue of $451,953 and FY 2010-11 costs and revenue of $150,647.

SDCLEF (Life Saving Equipment Program) If approved, this request will result in FY 2009-10 costs and revenue of $12,104.

OTS through CHP (SR-67 DUI Enforcement) If approved, this request will result in FY 2009-10 costs and revenue of $20,000.

OTS through CHP (SR-76 DUI Enforcement) If approved, this request will result in FY 2009-10 costs and revenue of $25,000. BUSINESS IMPACT STATEMENT: N/A RECOMMENDATION: SHERIFF 1. Waive Board Policy B-29, Fees, Grants, Revenue Contracts – Department Responsibility for Cost Recovery, which requires full cost recovery for grants.

2. Establish appropriations of $81,058 in the Sheriff’s Department to support salaries and benefits ($33,558), services and supplies ($7,500), and fixed assets ($40,000) for the Off-Highway Motor Vehicle Recreation (OHMVR) Program for the period beginning August 1, 2009 through July 30, 2010 based on unanticipated revenue from the California Department of Parks and Recreation. (4 VOTES) 3. Establish appropriations of $451,953 in the Sheriff’s Department to support salaries and benefits ($442,575) and services and supplies ($9,378) for the DUI Enforcement & Awareness Program for the period beginning October 1, 2009 through September 30, 2010 based on unanticipated revenue from the California Office of Traffic Safety. (4 VOTES)

9/22/09 6 4. Establish appropriations of $12,104 in the Sheriff’s Department to support services and supplies ($3,300 for the Sheriff’s Imperial Beach Station; $3,372 for the Sheriff’s Alpine Station; $3,219 for the Sheriff’s Special Enforcement Detail (SED) unit; and $2,213 for the Sheriff’s Ramona Station) for the Life Saving Equipment Program for the period beginning July 1, 2009 through June 30, 2010 based on unanticipated revenue from the San Diego County Law Enforcement Foundation (SDCLEF). (4 VOTES) 5. Establish appropriations of $20,000 in the Sheriff’s Department to support salaries and benefits for SR-67 DUI Enforcement for the period beginning April 1, 2009 through March 31, 2010 based on unanticipated revenue from the Office of Traffic Safety (OTS) through the California Highway Patrol (CHP). (4 VOTES) 6. Establish appropriations of $25,000 in the Sheriff’s Department to support salaries and benefits for SR-76 DUI Enforcement for the period beginning September 1, 2009 through July 31, 2010 based on unanticipated revenue from the California Office of Traffic Safety (OTS) through the California Highway Patrol (CHP). (4 VOTES) 7. Authorize the Sheriff to execute all required DPR, OTS, SDCLEF, and CHP grant documents including any annual extensions, amendments, and/or revisions thereof that do not materially impact or alter the services or funding level.

AYES: Cox, Jacob, Slater-Price, Roberts, Horn SUBJECT:5. SHERIFF ACCEPTANCE OF SAN DIEGO SERVICE AUTHORITY FOR FREEWAY EMERGENCIES (SAFE) FUNDS FOR COUNTY REGIONAL HELICOPTER OPERATIONS (DISTRICTS: ALL) OVERVIEW: This is a request to renew the Memorandum of Understanding (MOU) between the Sheriff’s Department and the San Diego Service Authority for Freeway Emergencies (SAFE) Program. Renewing the agreement with SAFE will allow the County, through the Sheriff, to be partially reimbursed for the costs of motorist aid-related rescue services. These services are provided by the County’s Regional Helicopter Program, up to a maximum of $375,000 annually. SAFE will provide funding on an annual basis from July 1, 2009 through June 30, 2014. The funds will be used for continued operation, maintenance, and fuel for the Bell 205A1 medium-lift fire/rescue helicopters. FISCAL IMPACT: Funds for this request are not included in the Sheriff’s Fiscal Year 2009-11 Operational Plan. If approved, this request will result in current year costs and revenue of $375,000 and $375,000 annually through June 30, 2014. The funding

9/22/09 7 source is the SAFE Program. There will be no change in net General Funds costs and no additional staff years. BUSINESS IMPACT STATEMENT: N/A RECOMMENDATION: SHERIFF 1. Waive Board Policy B-29 – Fees, Grants, Revenue Contracts – Department Responsibility for Cost Recovery.

2. Approve and authorize the Sheriff to enter into a MOU with SAFE for an amount not to exceed $1,875,000 ($375,000 annually) for the period July 1, 2009 through June 30, 2014.

3. Establish appropriations of $375,000 in the Sheriff’s Department for services and supplies based on unanticipated revenue from SAFE for the continued operation of the County Regional Helicopter Program. (4 VOTES)

AYES: Cox, Jacob, Slater-Price, Roberts, Horn SUBJECT:6. PROBATION – ACCEPTANCE AND APPROPRIATION OF CORRECTIONS STANDARDS AUTHORITY FUNDS FOR THE ANGER MANAGEMENT AND YOUTH VIOLENCE PREVENTION TRAINING PROGRAM (DISTRICTS: ALL) OVERVIEW: On August 4, 2009 (5) your Board authorized the Probation Department to apply for $42,470 in funds from the Corrections Standards Authority (CSA) for the Anger Management Youth Violence Prevention Training grant. The CSA made funding available to Probation Departments to contract for services with approved providers of anger management and violence prevention training programs who were selected by CSA through a separate application process.

It is anticipated this project will have a two-year timeline; however funding will be allocated year to year. The initial grant period will cover July 1, 2009 through June 30, 2010. The second year will be available as long as Congress appropriates the funds. If funds are appropriated CSA will assist the participating Probation Departments with the reapplication process in the Spring of 2010.

On August 18, 2008, CSA notified the Probation Department that the application was approved. Additionally, CSA notified the Probation Department that an error was made in the amount of funds available to the department and the actual award would be $43,470, not $42,470 as stated in the August 4, 2009 (5) Board letter. This is a request to accept and appropriate $43,740 for the period July 1, 2009 through June 30, 2010. FISCAL IMPACT:

9/22/09 8 Funds for this request are not included in the Fiscal Year 2009-11 Probation Department Operational Plan. If approved, this request will result in costs and revenue of $43,740 for the period July 1, 2009 through June 30, 2010. The funding source is the Corrections Standards Authority. This grant requires a match of 10% of the requested funds in the amount of $4,374, which will be met through the application of the Probation Department approved indirect cost rate, which is a permissible method of addressing the match requirement. There will be no change in net General Fund cost and no additional staff years. BUSINESS IMPACT STATEMENT: N/A RECOMMENDATION: CHIEF ADMINISTRATIVE OFFICER 1. Accept $43,740 in grant funds from the Corrections Standards Authority for the period July 1, 2009 to June 30, 2010 for the Anger Management and Violence Prevention training.

2. Establish appropriations of $43,740 in the Probation Department for services and supplies based on unanticipated revenue from the Corrections Standards Authority. (4 VOTES)

3. In accordance with Board Policy A-87, Competitive Procurement, authorize the Director, Department of Purchasing and Contracting to enter into negotiations with the California Institute of Mental Health, and subject to successful negotiations and determination of a fair and reasonable price, award a contract for training services for the Probation Department for one (1) year, September 1, 2009 to June 30, 2010 and up to an additional six months if needed, and to amend the contract as needed to reflect changes to services and funding allocations, subject to the approval of the Chief Probation Officer.

AYES: Cox, Jacob, Slater-Price, Roberts, Horn SUBJECT:7. MEDICAL EXAMINER’S SOLE SOURCE PROCUREMENT OF TOXICOLOGY LABORATORY AND DIGITAL X-RAY EQUIPMENT (DISTRICTS: ALL) OVERVIEW: On March 1, 2005 (13) and in a series of subsequent actions, your Board authorized the design and construction of a new Medical Examiner and Forensic Center on the site of Building 11 at the County Operations Center. The construction of the building is set to be complete in December 2009. The project is funded through Capital Project 1006566 and contains funds earmarked for laboratory equipment. The new laboratory equipment will replace, or augment, existing laboratory equipment at the Medical Examiner’s current facility.

9/22/09 9 Digital X-Ray Equipment The Medical Examiner’s Office examines all unexpected and suspicious deaths in the county. As part of the examination process, a digital X-ray system will greatly enhance the diagnostic capability of the Medical Examiner’s Office by providing 3D images of decedents. This functionality will prove beneficial in the forensic investigation by identifying or characterizing injuries, identifying certain disease states, or locating foreign objects prior to autopsy. High quality digital images provide more detail then the older X-ray film method, and allows for those images to be archived within a computerized medical record and be readily available for review or court presentation. The Medical Examiner’s Office currently uses a conventional X-ray system that is cumbersome and time consuming. This is a request to authorize the Director, Purchasing and Contracting to procure digital X-ray equipment items from Philips Medical Systems N.A.

Toxicology Laboratory Equipment Additionally, as an integral component and compliment to the physical body examination, routine toxicology screenings are conducted. These screenings test for drugs of abuse and an innumerable number of therapeutic agents. Identifying trends in drugs of abuse or newer and more potent drugs necessitates that the Medical Examiner’s Office stay abreast of new drug screening methods and utilize new instrumentation to conduct the tests. Many testing methods have been developed and refined over the last several years, and cannot be replaced with similar toxicology equipment without extensive trials, method redevelopment, downtime and expense. This request will augment the current equipment in the forensic toxicology laboratory, provide new and enhanced toxicology instruments and allow the forensic toxicology laboratory to continue with its routine work. The equipment included in this request will play a vital role in toxicology screenings. This is a request to authorize the Director of Purchasing and Contracting to procure the following laboratory equipment items from Agilent Technologies, Applied Biosystems and Immunalysis Corporation. FISCAL IMPACT: Funds for this request are included in the CAO’s Fiscal Year 2009-11 Adopted Operational Plan in the Capital Program. The funding source is Capital Project 1006566 Medical Examiner and Forensic Center. If approved, this request will result in estimated current year costs of $2,253,000 ($980,000 for X-ray equipment and $1,273,000 for toxicology equipment) and will require the addition of no staff years. BUSINESS IMPACT STATEMENT: N/A RECOMMENDATION: CHIEF ADMINISTRATIVE OFFICER 1. In accordance with Board Policy A-87, Competitive Procurement, approve and authorize the Director, Department of Purchasing and Contracting to enter into negotiations with Agilent Technologies, and subject to successful negotiations and a determination of a fair and reasonable price, award a

9/22/09 10 contract for the procurement of laboratory equipment, including extended warranty, accessories and maintenance. Waive the advertising and competitive procurement requirements of Board Policy A-87.

2. In accordance with Board Policy A-87, Competitive Procurement, approve and authorize the Director, Department of Purchasing and Contracting to enter into negotiations with Applied Biosystems, and subject to successful negotiations and a determination of a fair and reasonable price, award a contract for the procurement of laboratory equipment, including extended warranty, accessories and maintenance. Waive the advertising and competitive procurement requirements of Board Policy A-87.

3. In accordance with Board Policy A-87, Competitive Procurement, approve and authorize the Director, Department of Purchasing and Contracting to enter into negotiations with Immunalysis Corporation, and subject to successful negotiations and a determination of a fair and reasonable price, award a contract for the procurement of laboratory equipment, including extended warranty, accessories and maintenance. Waive the advertising and competitive procurement requirements of Board Policy A-87.

4. In accordance with Board Policy A-87, Competitive Procurement, approve and authorize the Director, Department of Purchasing and Contracting to enter into negotiations with Philips Medical Systems N.A., and subject to successful negotiations and a determination of a fair and reasonable price, award a contract for the procurement of digital X-Ray equipment, including extended warranty, accessories and maintenance. Waive the advertising and competitive procurement requirements of Board Policy A-87.

AYES: Cox, Jacob, Slater-Price, Roberts, Horn SUBJECT:8. NOTICED PUBLIC HEARING: PROPOSED SUBSTANTIAL AMENDMENT TO THE FISCAL YEAR 2009-10 ANNUAL FUNDING PLAN FOR CDBG, HOME, ESG, AND HOPWA AND REALLOCATION OF CDBG, HOME, AND HOPWA FUNDS (DISTRICTS: ALL) OVERVIEW: The County of San Diego Consortium Consolidated Annual Funding Plan describes the projects and programs to be funded with the County’s annual allocation of Community Development Block Grant, HOME Investment Partnerships, Emergency Shelter Grant, and Housing Opportunities for Persons with AIDS entitlement funds disbursed by the U.S. Department of Housing and Urban Development. On May 5, 2009 (9), the Board of Supervisors approved the Fiscal Year 2009-10 Consortium Consolidated Annual Funding Plan.

9/22/09 11 As a result of a decline in revenue due to fewer fuel sales associated with the recent economic downtown and recent actions by the State of California legislature to defer payment of a substantial portion of Highway Users Tax Account and Proposition 42 funds to the County Road Fund, a number of Fiscal Year 2009-10 Community Development Block Grant construction projects cannot move forward in a timely fashion and must be cancelled due to the loss of matching funds. Therefore, it is recommended that up to $1,650,067 in Community Development Block Grant funds be reallocated to fully fund three priority sidewalk construction projects that have previously received Community Development Block Grant funding to ensure that those projects are completed within a reasonable period of time as required by the Community Development Block Grant Program.

The City of Imperial Beach has requested that a facilities improvement project not previously identified be funded. It is recommended that this project be funded with a portion of the City of Imperial Beach’s Fiscal Year 2009-10 Community Block Grant allocation. Current funding for its approved crosswalk project will be decreased.

It is also recommended that up to $1,467,978 in Fiscal Year 2009-10 and prior year HOME Investment Partnerships Program funds be reallocated to two HOME Consortium cities projects, two tenant-based rental assistance programs, a rehabilitation loan for the Pine View Apartments affordable rental housing project if approved by the U.S. Department of Housing and Urban Development, Notices of Funding Availability for qualified Community Housing Development Organizations to carry out eligible HOME Program activities; and, that up to $790,000 in Housing Opportunities for Persons with AIDS funds be reallocated to eligible program activities to be determined through a competitive selection process. FISCAL IMPACT: If approved, this request will result in the reallocation of up to $936,567 in Fiscal Year 2009-10 Community Development Block Grant funds and up to $713,500 in prior year Community Development Block Grant funds for sidewalk construction projects. These funds will be reallocated from current year cancelled Community Development Block Grant projects and the Community Development Block Grant Housing Development Fund, which is a reserve account comprised of funds from cancelled and completed Community Development Block Grant projects and a portion of current and prior year Community Development Block Grant allocations set aside to develop affordable housing or fund eligible projects not yet identified. In addition, if approved, this request will result in the reallocation of up to $660,000 in Fiscal Year 2009-10 HOME Investment Partnerships Program funds for tenant-based rental assistance programs; the allocation of up to $214,276 in Fiscal Year 2009-10 HOME Housing Development funds, subject to U.S. Department of Housing and Urban Development approval, for an affordable housing rehabilitation loan or for eligible HOME activities carried out by Community Housing Development

9/22/09 12 Organizations selected through Notices of Funding Availability; the allocation of up to $499,153 in Fiscal Year 2009-10 HOME Housing Development funds and up to $28,259 in prior year HOME Housing Development funds for eligible HOME activities carried out by Community Housing Development Organizations selected through Notices of Funding Availability; the reallocation of up to $66,290 from two HOME Consortium cities projects (Encinitas and Vista) to two other HOME cities projects; and, the reallocation of up to $790,000 in Housing Opportunities for Persons with AIDS Program funds for eligible activities selected through a Request for Proposals. BUSINESS IMPACT STATEMENT: If approved, these recommendations will have a positive impact on the business community by fully funding street improvement and housing development projects implemented by private construction companies selected through a competitive bid process. RECOMMENDATION: CHIEF ADMINISTRATIVE OFFICER 1. Approve the Substantial Amendment to the Fiscal Year 2009-10 Consortium Consolidated Annual Funding Plan.

2. Authorize the submission of the Substantial Amendment to the Fiscal Year 2009-10 Consortium Consolidated Annual Funding Plan and other necessary documents to the U.S. Department of Housing and Urban Development.

3. Authorize the Director, Department of Housing and Community Development, to negotiate and execute, with County Counsel concurrence, all contracts, agreements, related documents and/or amendments, and to take all necessary actions for the submittal and/or regulatory processing for implementation of the projects identified in the Substantial Amendment to the Fiscal Year 2009-10 Consortium Consolidated Annual Funding Plan.

4. Authorize the publication of any required “Notice to the Public of Request for Release of Funds” for the recommended projects; authorize the Director, Department of Housing and Community Development, to execute such a Request and Certification following environmental processing; and direct staff to transmit the request to the U.S. Department of Housing and Urban Development upon completion of any mandatory waiting periods.

5. Approve and authorize the reallocation of up to $1,650,067 in Community Development Block Grant funds to the Fiscal Year 2009-10 Lincoln Acres Ridgeway Drive Sidewalk Construction Project ($247,353); Casa De Oro South Cordoba Street Sidewalk Construction Project ($389,214) and the Fallbrook Alvarado (Potter/Mercedes) Sidewalk Construction Project ($1,013,500).

6. Approve and authorize the reallocation of up to $214,276 in Fiscal Year 2009-10 HOME Investment Partnerships Program funds, contingent upon

9/22/09 13 approval of the U.S. Department of Housing and Urban Development, to the Pine View Apartment project (Low Org 55925) for a loan to partially finance the rehabilitation costs of apartments located in the community of Fallbrook and if not approved by the U.S. Department of Housing and Urban Development, approve and authorize these funds to be allocated for eligible HOME Program activities carried out by qualified Community Housing Development Organizations.

7. Approve and authorize the reallocation of up to $450,000 in Fiscal Year 2009-10 HOME Investment Partnerships Program funds for the continued operation of a HOME Tenant-Based Rental Assistance Program for victims of domestic violence.

8. Approve and authorize the reallocation of up to $23,874 in Fiscal Year 2009-10 HOME Investment Partnerships Program funds to the City of Encinitas Affordable Housing/Development Program from the City of Encinitas HOME Program Tenant-Based Rental Assistance Program.

9. Approve and authorize the reallocation of up to $42,416 in Fiscal Year 2009-10 HOME Investment Partnerships Program funds to the City of Vista HOME Residential Rehabilitation Program from the City of Vista HOME Homeownership Assistance Program.

10. Approve and authorize the allocation of up to $499,153 in Fiscal Year 2009-10 HOME Investment Partnerships Program funds and up to $28,259 in prior year HOME Investment Partnerships Program funds for eligible HOME Program activities to be implemented and operated by qualified Community Housing Development Organizations.

11. Authorize the Director, Department of Housing and Community Development, to issue Notices of Funding Availability and negotiate and execute, with County Counsel concurrence, all contracts, agreements, related documents and/or amendments, and to take all necessary actions for the submittal and/or regulatory processing and implementation of eligible HOME activities to be implemented and operated by qualified Community Housing Development Organizations.

12. Approve and authorize the allocation of up to $210,000 in Fiscal Year 2009-10 HOME Investment Partnerships Program funds for the implementation of a pilot HOME Tenant-Based Rental Assistance Program for America’s homeless veterans.

13. In accordance with Section 401, et seq. of the County Administrative Code, authorize the Director, Department of Purchasing and Contracting, to issue Competitive Solicitations Proposals for the procurement of Housing

9/22/09 14 Opportunities for Persons with AIDS Program eligible services related to the implementation of the Fiscal Years 2009-10, 2010-11 and 2011-12 Housing Opportunities for Persons with AIDS Program, and upon successful negotiation and determination of fair and reasonable price, award contracts for terms of one year with two, one-year options and up to an additional six months if needed, and to amend contracts as needed to reflect changes to services and funding, subject to approval of the Director, Department of Housing and Community Development.

14. Approve and authorize the reallocation of up to $790,000 in Fiscal Year 2006-07 and Fiscal Year 2007-08 Housing Opportunities for Persons with AIDS funds to be released in a Request for Proposals for Housing Opportunities for Persons with AIDS Program activities.

ACTION: ON MOTION of Supervisor Slater-Price, seconded by Supervisor Horn, the Board of Supervisors closed the Hearing and took action as recommended, on Consent.

AYES: Cox, Jacob, Slater-Price, Roberts, Horn SUBJECT:9. ACCEPTANCE OF DONATIONS FOR THE RAMONA BRANCH LIBRARY AND AUTHORITY TO APPROVE CONTRACT CHANGE ORDERS FOR RAMONA AND FALLBROOK BRANCH LIBRARY CONSTRUCTION (DISTRICTS: 2 & 5) OVERVIEW: County of San Diego Administrative Code, Section 66, permits the acceptance of gifts by the administrative head of each department of the County, subject to ratification by the Board of Supervisors. The County Library is poised to receive cash donations by the Friends of the Ramona Library in support of the new Ramona Branch Library. The Friends of the Ramona Library will donate up to $1,750,000 for the library project. This action will ratify and accept the Friends of the Ramona Library donation.

As a condition for acceptance of this donation, the Friends of the Ramona Library stipulates the funds be used to procure furnishings, fixtures, equipment, and enhancements for the new library. Enhancements may include construction to structurally support installation of furnishings, fixtures, and equipment. This action will ratify and authorize the appropriation of donations to the County Library to be used for procuring furnishings, fixtures, and equipment for the new Ramona Branch Library.

The Board previously approved the Library accepting donations from the Friends of the Fallbrook Library (May 5, 2009, #13). If approved, this action will also allow the Director, Purchasing and Contracting to approve contract change orders up to the full available donation amounts to enhance the Ramona and Fallbrook Branch Library construction projects.

9/22/09 15 FISCAL IMPACT: Funds for this request are not budgeted and are not included in the Library Fund. If approved, these recommendations will result in expenditures for furnishings, fixtures, equipment, and library enhancements for the Ramona Branch Library in an amount up to $1,750,000, depending on actual donations received. No change is anticipated for the Fallbrook Branch Library construction project. No additional staff years are required. BUSINESS IMPACT STATEMENT: N/A RECOMMENDATION: CHIEF ADMINISTRATIVE OFFICER 1. Accept the Friends of the Ramona Library donation up to $1,750,000 in accordance with Administrative Code Section 66. Ratify the acceptance of gifts exceeding $5,000.

2. Authorize the Chairwoman of the Board of Supervisors to sign letters of appreciation for donations over $5,000.

3. Establish appropriations of up to $1,750,000 in the Library Fund based on donations anticipated to be received for furnishings, fixtures, equipment, and library enhancements for the new Ramona Branch Library. (4 VOTES)

4. Authorize the Director, Department of Purchasing and Contracting, to approve future change orders to the contract associated with C.W. Driver for construction of the San Diego County Library Fallbrook and Ramona Branches in amounts up to the full donation amount contributed by the Friends of the Ramona Library, Friends of the Fallbrook Library, or other groups and individuals; and approve all plans and specifications associated with these change orders.

AYES: Cox, Jacob, Slater-Price, Roberts, Horn SUBJECT:10. APPROVE STRATEGIC ENERGY PLAN 2009–2012; AMEND BOARD POLICY G-15; DELETE BOARD POLICY F-50; AUTHORIZE EXTENSION OF ENERGY INITIATIVE PARTNERSHIP AGREEMENT; AUTHORIZE ENERGY SERVICES CONTRACTS; AND ESTABLISH APPROPRIATIONS CONTINGENT UPON AWARD OF THE AMERICAN RECOVERY AND REINVESTMENT ACT (ARRA) ENERGY EFFICIENCY AND CONSERVATION BLOCK GRANT (DISTRICTS: ALL) OVERVIEW: On July 10, 2001 (7), the Board of Supervisors adopted a Strategic Energy

9/22/09 16 Master Plan that established goals, standards, and programs for energy conservation at County facilities. The Plan is periodically reviewed as technology and energy markets change and funding opportunities for energy projects become available. In response to such changes, staff has updated the Plan to renew and guide the County’s commitment to sustainability, renewable energy, and regional leadership in energy use, and expanded the plan to include peak demand response and vehicle fleet goals. The Plan also incorporates planning and outreach programs by the Departments of Planning and Land Use, Environmental Health, and Parks and Recreation to County residents, contractors, and developers.

On March 3, 2009 (12), the Board of Supervisors authorized County departments to apply for and accept American Recovery and Reinvestment Act of 2009 (ARRA) grant funds. On June 23, 2009, the County submitted to the U.S. Department of Energy an application for approximately $5.1 million in ARRA energy grants. Many of the ARRA grant projects will require specific expertise in energy conservation and energy efficient technologies. In order to meet the short timeframes required under ARRA regulations, staff proposes to award an energy service contract(s) to execute ARRA, utility incentives projects, and California Energy Commission loan projects, as funds are awarded.

On April 4, 2006 (10), the Board approved the 2006-2008 County of San Diego and San Diego Gas & Electric Energy Initiative Partnership Agreement, including future agreement extensions and amendments. This Partnership has provided financial reimbursement of staff time, staff training, community outreach and consulting services to improve energy efficiency and conservation in our facilities and promote energy efficiency and conservation throughout the region. The County is currently under bridge funding for 2009, anticipating California Public Utilities Commission approval of our 2010-2012 County of San Diego and San Diego Gas & Electric Energy Initiative Partnership Agreement by the end of calendar year 2009. The new Agreement will increase three-year funding from $989,000 (2006-2008) to $2,900,000 (2010-2012). The recommended action includes authority to enter the new Agreement.

The recommended action includes authority to contract for retrocommissioning engineering/investigation services. This is a program funded by the California Public Utilities Commission and offered through San Diego Gas & Electric to insure that building systems are operating with optimal efficiencies.

In addition, the proposed action will update and consolidate Board Policy G-15, Design Standards for County Facilities, with Board Policy F-50, Voluntary Resource – Efficient Guidelines on New Construction and Building Renovation Projects. FISCAL IMPACT: Funds for this request are not included in the Fiscal Year 2009-11 Operational Plan. If approved, this request will result in additional $5,140,000 costs and

9/22/09 17 revenue in Fiscal Year 2009-10, which includes $1,960,000 in the Department of Planning and Land Use, $750,000 in the Department of Parks and Recreation, $260,000 in the Department of Environmental Health and $2,170,000 in the General Services Facilities Management Internal Services Fund. The funding source for the additional $5,140,000 is unanticipated revenue from the American Recovery and Reinvestment Act Energy Efficiency and Conservation Block Grant. Additional funding sources for the retrocommissioning and energy services contract(s) will include energy grants, utility rebate programs, and utility incentives programs, as funds are awarded, and a California Energy Commission loan approved on September 28, 2004 (4) Resolution No. 04-219. No additional staff years are required. BUSINESS IMPACT STATEMENT: Expenditures for energy-efficiency projects will create private sector jobs and economic opportunities in San Diego County. RECOMMENDATION: CHIEF ADMINISTRATIVE OFFICER 1. Find that updating the San Diego County Strategic Energy Plan 2009–2012 is categorically exempt from the California Environmental Quality Act (CEQA) under Article 18, Section 15262 of the State CEQA Guidelines because it is a project involving only planning studies for possible future actions which the Board has not approved, adopted, or funded.

2. Find in accordance with Section 15301 of the CEQA Guidelines that the award of a contract for retrocommissioning services is categorically exempt from CEQA because it involves the operation, repair, maintenance and minor alteration of existing structures, facilities or mechanical equipment and negligible or no expansion of use of existing facilities.

3. Find in accordance with Sections 15301, 15308, and 15322 of the CEQA Guidelines that the award of an energy services contract and the extension of the County of San Diego and San Diego Gas & Electric Energy Initiative Partnership Agreement for the 2010-2012 program cycle are categorically exempt from CEQA because they include projects that involve the operation, repair, maintenance and minor alteration of existing structures, facilities or mechanical equipment with negligible or no expansion of use; regulatory programs to assure the maintenance, restoration, enhancement or protection of the environment; or education or training programs involving no physical alteration in the area affected.

4. Approve the County of San Diego Strategic Energy Plan 2009-2012 and authorize staff to identify and take appropriate actions required to implement its provisions. (Attachment A)

5. Approve amendment of Board Policy G-15, Design Standards for County

9/22/09 18 Facilities and Property, and approve deletion of Board Policy F-50 Voluntary Resource – Efficient Guidelines on New Construction and Building Renovation. (Attachment B)

6. Authorize the Director, Department of General Services, to enter into an agreement extension of the County of San Diego and San Diego Gas & Electric Energy Initiative Partnership Agreement for the 2010-2012 program cycle.

7. In accordance with Board of Supervisors Policy A-87, Competitive Procurement, approve and authorize the Director, Purchasing and Contracting to enter into negotiations with Portland Energy Conservation, Inc. (PECI) and, subject to successful negotiations and determination of a fair and reasonable price, award a contract for retrocommissioning engineering investigation services for a term of up to one year, with one option year and an additional six months, if needed, and to amend the contract as needed to reflect changes to services and funding, subject to the approval of the Director, Department of General Services. Designate the Director, Department of General Services as the contract administrator. Waive the advertising requirement of Board Policy A-87.

8. In accordance with Section 401, et sec. of the County Administrative Code, authorize the Director, Department of Purchasing and Contracting to issue a competitive solicitation for energy services and upon successful negotiations and determination of a fair and reasonable price, award a contract(s) for a term up to three years with two option years and an additional six months, if needed, and to amend the contract(s) as needed to reflect changes to services and funding, subject to the approval of the Director, Department of General Services. Designate the Director, Department of General Services as contract administrator.

9. Establish appropriations of $1,960,000 in the Department of Planning and Land Use for energy programs contingent upon the award of the American Recovery and Reinvestment Act Energy Efficiency and Conservation Block Grant. (4 VOTES)

10. Establish appropriations of $750,000 in the Department of Parks and Recreation for energy programs contingent upon the award of the American Recovery and Reinvestment Act Energy Efficiency and Conservation Block Grant. (4 VOTES)

11. Establish appropriations of $260,000 in the Department of Environmental Health for energy programs contingent upon the award of the American Recovery and Reinvestment Act Energy Efficiency and Conservation Block Grant. (4 VOTES)

9/22/09 19 12. Amend the Fiscal Year 2009-10 Department of General Services Facilities Management Internal Services Fund in the amount of $2,170,000 to provide funding for energy projects contingent upon the award of the American Recovery and Reinvestment Act Energy Efficiency and Conservation Block Grant.

ACTION: Revising the dollar amount in Recommendation No. 12 to read $2,170,200; ON MOTION of Supervisor Jacob, seconded by Supervisor Slater-Price, the Board took action as recommended.

AYES: Cox, Jacob, Slater-Price, Roberts, Horn SUBJECT:11. COMPETITIVE SOLICITATION FOR BANKING SERVICES NEGOTIATION/AWARD OF CONTRACT (DISTRICTS: ALL) OVERVIEW: The County Treasurer is responsible for the safekeeping of all money belonging to the County and all other money directed by law to be paid to the County pursuant to Government Code Sections 27000, 27080.1 and 53682. In concert with the authorities and pursuant to the County Administrative Manual (Item Number 0030-11), the Treasurer is also responsible for the establishment of the banking relationship and related services that are required from various County departments.

This item requests that the Board authorizes the Director of the Department of Purchasing and Contracting to issue a Competitive Solicitation for banking services. FISCAL IMPACT: Funds for this request are budgeted. The funding source is Banking Services Pooled Money revenues. If approved, this request will result in approximately $1.5 million in annual costs and will require the addition of zero staff years. BUSINESS IMPACT STATEMENT: This proposal will not have significant impact on the local business community. RECOMMENDATION: TREASURER-TAX COLLECTOR In accordance with Section 401, Article XXIII of the County Administrative Code, authorize the Director of the Department of Purchasing and Contracting to issue a Competitive Solicitation for banking services, and upon successful negotiation and determination of a fair and reasonable price, award contracts for a term of three years, with two one-year extensions, and to amend the contracts as needed to reflect changes to services and funding, subject to approval of the Treasurer-Tax Collector.

9/22/09 20 AYES: Cox, Jacob, Slater-Price, Roberts, Horn SUBJECT:12. FISCAL YEAR 2009-10 APPROPRIATION LIMIT FOR THE COUNTY FAMILY OF FUNDS (DISTRICTS: ALL) OVERVIEW: The Board of Supervisors annually adopts the Appropriation Limit for the County of San Diego Family of Funds, pursuant to Article XIII B of the California Constitution. This action requests approval of the County’s Appropriation Limit for Fiscal Year 2009-10, calculated to be approximately $3.9 billion. Only revenues from Proceeds of Taxes (essentially property tax and other in-lieu taxes) are subject to this limit. The County is substantially under the limit, having approximately $1.3 billion of revenues from Proceeds of Taxes that is subject to the limit in Fiscal Year 2009-10. FISCAL IMPACT: The recommended action has no fiscal impact. The action merely authorizes the adoption of the Fiscal Year 2009-10 Appropriation Limit, pursuant to Article XIII B of the California Constitution and other applicable laws. BUSINESS IMPACT STATEMENT: N/A RECOMMENDATION: CHIEF ADMINISTRATIVE OFFICER Adopt the resolution that establishes the Appropriation Limit for the County of San Diego for Fiscal Year 2009-10

ACTION: ON MOTION of Supervisor Slater-Price, seconded by Supervisor Horn, the Board took action as recommended, on Consent, adopting Resolution No. 09-186, entitled: RESOLUTION ADOPTING APPROPRIATION LIMIT FOR COUNTY OF SAN DIEGO FOR FISCAL YEAR 2009/10.

AYES: Cox, Jacob, Slater-Price, Roberts, Horn SUBJECT:13. 2009 JUSTICE FACILITY REFUNDING CERTIFICATES OF PARTICIPATION DOCUMENTS (DISTRICTS: ALL) OVERVIEW: On June 16, 2009 (18) the Board referred the approval of the refunding of the 1997 Central Jail Certificates of Participation (COPs) and 1998 Downtown Courthouse COPs (the “2009 Justice Facilities Refunding”) to the San Diego Capital Asset Leasing Corporation (“SANCAL”) Board for approval, and directed the Chief Financial Officer to proceed with the 2009 Justice Facilities Refunding upon approval by the SANCAL Board. On June 16, 2009, the SANCAL Board voted to move forward with the 2009 Justice Facilities Refunding. Today’s recommendation approves the documents related to the 2009 Justice Facility Refunding and the related execution and delivery of the 2009 Justice Facilities Refunding COPs so long as market conditions continue to result in: 1) a minimum present value savings target of 3% of the outstanding principal to be refunded; 2) a minimum of $1 million of net present value savings; and 3) annual

9/22/09 21 cash flow savings of $100,000. Pending the approval of today’s recommendation, the SANCAL Board will be reviewing and considering the 2009 Justice Facilities Refunding. FISCAL IMPACT: 1997 Central Jail (Inmate Reception Center) If approved, this current refunding will result in budgetary savings to benefit the General Fund. Based on current market conditions, it is anticipated that over the life of the refunding, approximately $4.3 million of net present value savings will be generated, which is 7.8% of the outstanding principal to be refunded. Net debt service annual cash flow savings would range from $380,000 to $450,000. The final maturity would remain October 1, 2025.

1998 Downtown Courthouse (Hall of Justice) If approved, this current refunding will result in budgetary savings to benefit the General Fund. Based on current market conditions, it is anticipated that over the life of the refunding, approximately $2.1 million of net present value savings will be generated, which is 5.0% of the outstanding principal to be refunded. Net debt service annual cash flow savings would range from $440,000 to $525,000. The final maturity would be shortened by seven months to October 1, 2022. Actual savings for both refundings will be based on rates at the time of the sale of the 2009 Justice Facilities Refunding COPs. The maximum par of the 2009 Justice Facilities Refunding COPs will be $100 million, but is currently estimated to be $82.5 million, which includes the costs of delivering the refunding COPs. Total costs of delivery are estimated to be $932,000 and include underwriter’s discount, special counsel, financial advisory services, as well as other costs associated with the financing. If approved, the County will only complete the transaction if it meets the requirements of the County’s Refunding Policy at the time of closing. BUSINESS IMPACT STATEMENT: N/A RECOMMENDATION: CHIEF ADMINISTRATIVE OFFICER Adopt a resolution entitled:

RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF SAN DIEGO PROVIDING FOR THE EXECUTION AND DELIVERY OF A SITE LEASE (HALL OF JUSTICE), FACILITY LEASE (HALL OF JUSTICE), SITE LEASE (INMATE RECEPTION CENTER), FACILITY LEASE (INMATE RECEPTION CENTER) AND TRUST AGREEMENT AND THE EXECUTION AND DELIVERY OF COUNTY OF SAN DIEGO CERTIFICATES OF PARTICIPATION (JUSTICE FACILITIES REFUNDING) AND CERTAIN ADDITIONAL DOCUMENTS RELATING THERETO

9/22/09 22 ACTION: ON MOTION of Supervisor Roberts, seconded by Supervisor Cox, the Board took action as recommended, adopting Resolution No. 09-187, entitled: RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF SAN DIEGO PROVIDING FOR THE EXECUTION AND DELIVERY OF A SITE LEASE (HALL OF JUSTICE), FACILITY LEASE (HALL OF JUSTICE), SITE LEASE (INMATE RECEPTION CENTER), FACILITY LEASE (INMATE RECEPTION CENTER) AND TRUST AGREEMENT AND THE EXECUTION AND DELIVERY OF COUNTY OF SAN DIEGO CERTIFICATES OF PARTICIPATION (JUSTICE FACILITIES REFUNDING) AND CERTAIN ADDITIONAL DOCUMENTS RELATING THERETO.

AYES: Cox, Jacob, Slater-Price, Roberts ABSENT: Horn SUBJECT:14. BUDGET ADJUSTMENTS PURSUANT TO STATE’S AMENDED BUDGET (DISTRICTS: ALL) OVERVIEW: On July 28, 2009, the Governor signed a series of bills that amended the State’s Fiscal Year 2009-10 Budget that was originally enacted on February 20, 2009. The amended budget addressed a $24.0 billion gap by a combination of cutting spending, borrowing property tax revenue from local governments, shifting redevelopment funds to meet the State’s Proposition 98 obligations to schools, deferring certain payments to local governments, accelerating certain revenues and reforms to various State agencies and boards. We have assessed the impact of the State’s amended budget on the County and find that it is necessary, due to lack of State revenues, to recommend that your Board make adjustments to the County’s Fiscal Year 2009-10 Adopted Budget. These reductions affect services provided by the Probation Department under the Substance Abuse Treatment and Crime Prevention Act – Proposition 36 (SACPA - Prop 36), court security services provided by the Sheriff’s Department, five program areas in the Health and Human Services Agency: Child Welfare Services, Public Health Services, Regional Operations, Alcohol and Drug Services, and Aging and Independence Services, and the Solid Waste Planning and Recycling program in the Department of Public Works. Partially mitigating the State reductions to Child Welfare Services is a recently approved grant from the First Five Commission.

These budget adjustments will result in a reduction of 83 staff years including the staff years associated with 20 of the 24 positions in the Probation Department and Alcohol and Drug Services that were subject to the workforce reduction Board action on July 21, 2009 (16). Four (4) of the 24 deleted positions are recommended to be restored to the Probation Department because a portion of the anticipated State funding reductions did not occur. The positions associated with the remaining 63 of these staff years are in the Health and Human Services Agency and will be eliminated without layoffs through attrition and freezing vacant positions. In addition, sixteen positions in the Sheriff’s Department will be frozen.

9/22/09 23 Further adjustments may be necessary as the state provides information regarding the County’s funding allocations for social services programs. In addition, upon completing the evaluation of options, staff will return to the Board with the recommended means for financing the County’s obligation to loan the State an estimated $71.0 million in property taxes under the suspension provisions of Proposition 1A (2004) - Protection of Local Government Revenues. FISCAL IMPACT: If approved, these actions will cancel budgeted appropriations and related sources of funding in the amount of $11,542,135 in the General Fund (Probation Department, $1,717,048, Sheriff’s Department, $1,538,275 and Health and Human Services Agency, $8,286,812) and will establish appropriations of $3,000,000 in the Health and Human Services Agency, resulting in a net decrease in appropriations of $8,542,135 in the General Fund. The funding source for the additional appropriations in the Health and Human Services Agency is unanticipated revenue from the First Five Commission. The net reduction in appropriations includes $4,174,902 million in salaries and benefits and reflects a reduction of 83.0 staff years (17.0 staff years in the Probation Department and 66.0 staff years in the Health and Human Services Agency) from the Adopted Operational Plan for Fiscal Year 2009-10. Sixteen positions in the Sheriff’s Department will be frozen.

In addition to the General Fund amendments, these actions will cancel budgeted appropriations in the Department of Public Work’s Solid Waste Planning and Recycling program and related funding from the Department of Conservation Competitive Multifamily Complex Recycling Program in the amount of $223,226, resulting in a net decrease in appropriations and related revenue of $8,765,361 in all the funds combined. BUSINESS IMPACT STATEMENT: N/A RECOMMENDATION: CHIEF ADMINISTRATIVE OFFICER 1. Cancel appropriations of $1,717,048 in salaries and benefits and related State revenue in the Probation Department for Substance Abuse Treatment and Crime Prevention Act – Proposition 36 (SACPA - Prop 36) due to the elimination of funds in the Fiscal Year 2009-10 State Budget.

2. Authorize the restoration of four positions previously deleted to support the Offender Treatment Program in the Probation Department and direct the Department of Human Resources to classify these positions at the appropriate level.

3. Cancel appropriations of $1,538,275 in salaries and benefits and related trial court revenue in Sheriff’s Department due to the reduction of funds in

9/22/09 24 the Fiscal Year 2009-10 State Budget.

4. Cancel appropriations of $5,264,975 (consisting of $4,764,518 in salaries and benefits and $500,457 in services and supplies) and related revenue in the Health & Human Services Agency’s Child Welfare Services due to cuts in State funding in the Fiscal Year 2009-10 State Budget.

5. Establish appropriations of $3,000,000 in the Health & Human Services Agency’s Child Welfare Services, salaries and benefits, to fund the multi-year Early Childhood Child Welfare Project based on unanticipated revenue from the First Five Commission. (4 VOTES)

6. Cancel appropriations of $2,273,292 (consisting of $135,137 in salaries and benefits and $2,138,155 in services and supplies) and related revenue in the Health & Human Services Agency’s Public Health Services due to cuts in State funding in the Fiscal Year 2009-10 State Budget.

7. Cancel appropriations of $269,776 in salaries and benefits and related revenue in the Health & Human Services Agency’s Regional Operations due to increased administrative efficiency associated with the conversion to electronic public assistance records and due to cuts in State funding in Fiscal Year 2009-10 State Budget.

8. Cancel appropriations of $256,193 in salaries and benefits and related revenue in the Health & Human Services Agency’s Alcohol and Drug Services, associated with a reduction in work force as approved by the Board of Supervisors on July 21, 2009 (16), due to cuts in State funding in the Fiscal Year 2009-10 State Budget.

9. Cancel appropriations of $222,576 (consisting of $32,230 in salaries and benefits and $190,346 in services and supplies) and related revenue in the Health & Human Services Agency’s Aging & Independence Services due to cuts in State funding in the Fiscal Year 2009-10 State Budget.

10. Cancel appropriations of $223,226 in services and supplies and related revenue from the Department of Conservation (DOC) Competitive Multifamily Complex Recycling Program (Project #1012884) in the Department of Public Work’s Solid Waste Planning and Recycling program due to loss of State Multi-family Recycling grant revenue.

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

AYES: Cox, Jacob, Slater-Price, Roberts, Horn SUBJECT:15. COMMUNICATIONS RECEIVED (DISTRICTS: ALL) OVERVIEW:

9/22/09 25 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.

AYES: Cox, Jacob, Slater-Price, Roberts, Horn SUBJECT:16. ADMINISTRATIVE ITEM: SECOND CONSIDERATION AND ADOPTION OF ORDINANCES: AMENDMENTS TO THE COMPENSATION ORDINANCE AND TO THE ADMINISTRATIVE CODE (DISTRICTS: ALL) OVERVIEW: The proposed amendments to the San Diego County Compensation Ordinance are part of the ongoing effort to manage and maintain a skilled and competent workforce dedicated to sustaining operational excellence and serving the public. These amendments include: renaming several classifications to reflect organizational changes, designating classes as “Terminal”, deleting obsolete classifications, and amending sections of the Compensation Ordinance pertaining to the definition of variable entry, initial salary placement within broadband classes, sick leave usage for care of family members, catastrophic leave, poll worker stipends, and flexible benefit allowances for non-represented classes. In addition, the Administrative Code is proposed to be amended with respect to transportation reimbursement. FISCAL IMPACT: Implementation of the proposed amendments pertaining to flexible benefit allowances will result in an estimated cost of $318,500 in Fiscal Year 2009-10 and $648,000 in Fiscal Year 2010-11. Funding for these amendments was included in the Fiscal Year 2009-10 Operational Plan. These amendments will have no negative effect on the funding status of the San Diego County Employees Retirement System (SDCERA). BUSINESS IMPACT STATEMENT: N/A RECOMMENDATION: CHIEF ADMINISTRATIVE OFFICER

9/22/09 26 Adopt Ordinances entitled (MAJORITY VOTE):

AN ORDINANCE AMENDING THE COMPENSATION ORDINANCE.

AN ORDINANCE AMENDING THE ADMINISTRATIVE CODE SECTION 495, PERTAINING TO TRANSPORTATION REIMBURSEMENT.

ACTION: ON MOTION of Supervisor Slater-Price, seconded by Supervisor Horn, the Board took action as recommended, on Consent, adopting Ordinance No. 10008 (N.S.) entitled: AN ORDINANCE AMENDING THE COMPENSATION ORDINANCE ESTABLISHING CLASSIFICATIONS, CHARACTERISTICS AND COMPENSATION and adopting Ordinance No. 10009 (N.S.) entitled: AN ORDINANCE AMENDING THE ADMINISTRATIVE CODE SECTION 495, PERTAINING TO TRANSPORTATION REIMBURSEMENT.

AYES: Cox, Jacob, Slater-Price, Roberts, Horn SUBJECT:17. ADMINISTRATIVE ITEM: SECOND CONSIDERATION AND ADOPTION OF ORDINANCE: AMENDMENTS TO THE COMPENSATION ORDINANCE RELATING TO THE RATIFIED AGREEMENT FOR THE EMPLOYEE BARGAINING UNIT REPRESENTED BY THE SAN DIEGO PROBATION OFFICERS’ ASSOCIATION (First Reading – 09/15/09: Second Reading – 09/22/09) (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 San Diego Probation Officers’ Association; 2) adds a 2% wage increase June 18, 2010 and 3) increases employees’ flex credits by 5% January 1, 2010 and January 1, 2011.

The agreement reached with the San Diego Probation Officers’ Association, for a two-year extension, was ratified on August 7, 2009.

This action requires two steps, approval of the first reading of the Ordinance on September 15, 2009, and adoption of the Ordinance after the second reading on September 22, 2009. FISCAL IMPACT: Funding for this request is included in the Operational Plan for Fiscal years 2009-10 and 2010–11. If approved, this proposal would result in an increased cost of $0.13 million in Fiscal Year 2009-10 over fiscal year 2008-09 for flexible benefit credits. For Fiscal Year 2010-11, the proposal would result in a further increase of $0.26 million for the flexible benefit credit and $1.43 million for the wage increase. The funding source is a combination of program revenues and

9/22/09 27 general purpose revenues. BUSINESS IMPACT STATEMENT: N/A RECOMMENDATION: CHIEF ADMINISTRATIVE OFFICER Adopt Ordinance entitled (MAJORITY VOTE):

AN ORDINANCE AMENDING THE COMPENSATION ORDINANCE AND ESTABLISHING COMPENSATION IMPLEMENTING A NEGOTIATED TWO YEAR EXTENSION OF THE MEMORANDUM OF AGREEMENT WITH THE SAN DIEGO PROBATION OFFICERS’ ASSOCIATION.

ACTION: ON MOTION of Supervisor Slater-Price, seconded by Supervisor Horn, the Board took action as recommended, on Consent, adopting Ordinance No. 10010 (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 SAN DIEGO PROBATION OFFICERS' ASSOCIATION.

AYES: Cox, Jacob, Slater-Price, Roberts, Horn SUBJECT:18. ADMINISTRATIVE ITEM: SECOND CONSIDERATION AND ADOPTION OF ORDINANCE: SUNSET REVIEW OF BOARD OF SUPERVISORS POLICIES AND COUNTY ADMINISTRATIVE CODE ARTICLES ASSIGNED TO THE FINANCE AND GENERAL GOVERNMENT GROUP (DISTRICTS: ALL) OVERVIEW: In accordance with Board of Supervisors' Policy A-76, Sunset Review, the Finance and General Government Group periodically reviews certain Board policies and provisions of the County Administrative Code to ensure that obsolete policies and Administrative Code provisions are deleted and remaining policies reflect current Board standards and practices. The actions requested in Recommendations 5 and 6 require two steps, approval of the first reading of the Ordinance on September 15, 2009 and adoption of the Ordinance on September 22, 2009. FISCAL IMPACT: The requested actions will have no current year or annual cost and will not require any additional staff years. BUSINESS IMPACT STATEMENT: N/A RECOMMENDATION: CHIEF ADMINISTRATIVE OFFICER Adopt Ordinance entitled:

9/22/09 28 AN ORDINANCE AMENDING COUNTY OF SAN DIEGO ADMINSTRATIVE CODE ARTICLE XII-F RELATING TO THE DEPARTMENT OF MEDIA AND PUBLIC RELATIONS

ACTION: ON MOTION of Supervisor Slater-Price, seconded by Supervisor Horn, the Board took action as recommended, on Consent, adopting Ordinance No. 10011 (N.S.) entitled: AN ORDINANCE AMENDING COUNTY OF SAN DIEGO ADMINISTRATIVE CODE ARTICLE XII-F RELATING TO THE DEPARTMENT OF MEDIA AND PUBLIC RELATIONS.

AYES: Cox, Jacob, Slater-Price, Roberts, Horn SUBJECT:19. ADMINISTRATIVE ITEM: APPOINTMENTS (DISTRICTS: ALL) OVERVIEW: These appointments are in accordance with applicable Board Policy A–74, “Citizen Participation in County Boards, Commissions and Committees,” Board Policy I–1, “Planning and Sponsor Group Policies and Procedures,” and Board Policy A-77, “Appointments to Fill Vacancies and Cancellation of Election where Insufficient Nominations Filed Prior to Uniform District Election and Citizen Planning Group Election.” FISCAL IMPACT: N/A BUSINESS IMPACT STATEMENT: N/A RECOMMENDATION: CHAIRWOMAN JACOB Appoint Tammy Daubach to the Boulevard Community Planning Group, Seat No. 5, for a term to expire January 7, 2013.

Appoint Michael Casinelli to the Jamul/Dulzura Community Planning Group, Seat No. 8, for a term to expire January 3, 2011.

Appoint Yvonne Purdy-Luxton to the Jamul/Dulzura Community Planning Group, Seat No. 5, for a term to expire January 7, 2013.

CHIEF ADMINISTRATIVE OFFICER Appoint Darcey Endicott to the Emergency Medical Care Committee, as the military agency representative, for a term to expire September 22, 2012.

AYES: Cox, Jacob, Slater-Price, Roberts, Horn SUBJECT:20. REINVESTING TAXPAYER DOLLARS INTO OUR

9/22/09 29 COMMUNITIES (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 Neighborhood Reinvestment Funds. FISCAL IMPACT: The total combined cost of the proposed recommendation is $68,500. Appropriations are available in the Neighborhood Reinvestment 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: 1. Allocate $50,000 from the Neighborhood Reinvestment Budget unit (15665) to The Arc of San Diego for construction costs associated with the Sulpizio Family Arc Center of San Diego, located at 3030 Market Street.

2. Find that the allocation to the Arc of San Diego is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines section 15301.

3. Allocate $15,000 from Neighborhood Reinvestment budget (15665) to the Alzheimer’s Association, San Diego/Imperial Chapter, to purchase and install a security system at their office, located at 6632 Convoy Court, 92111.

4. Allocate $3,500 from Neighborhood Reinvestment budget (15665) to the City Heights Community Development Corporation to purchase bright t-shirts to safely identify students who are walking to school.

5. Allocate $11,360 from Neighborhood Reinvestment budget (15665) to the Kensington Talmadge Business Association to purchase and install street lamp banners and trash receptacles.

6. 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.

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

ACTION: ON MOTION of Supervisor Slater-Price, seconded by Supervisor Horn, the

9/22/09 30 Board took action as recommended, on Consent.

AYES: Cox, Jacob, Slater-Price, Roberts, Horn SUBJECT:21. REQUEST FOR INVESTIGATION OF ALLEGATIONS OF VOTING IRREGULARITIES AND OTHER ALLEGATIONS OF MISCONDUCT BY ASSOCIATION OF COMMUNITY ORGANIZATIONS FOR REFORM NOW (ACORN) EMPLOYEES (DISTRICTS: ALL) OVERVIEW: The Association of Community Organizations for Reform Now (ACORN) is a community-based organization that advocates for low and moderate income families by working on neighborhood safety, voter registration, health care, affordable housing, and other social issues. ACORN pursues their goals through demonstration, negotiation, lobbying for legislation, and increasing voter participation. ACORN has over 400,000 members and more than 1,200 neighborhood chapters across the United States including a San Diego County Chapter based in the City of San Diego.

ACORN has been at the center of recent public controversy over allegations of voter registration fraud and other allegations of misconduct committed by workers. In response to these controversies, the Census Bureau cut ties with ACORN, which had been tapped to participate in the 2010 census. In order to maintain the integrity of San Diego County elections and to protect the public from potentially criminal conduct, an investigation of ACORN activities and practices in San Diego County is necessary. FISCAL IMPACT: To be determined. BUSINESS IMPACT STATEMENT: N/A RECOMMENDATION: SUPERVISOR HORN & VICE CHAIRWOMAN SLATER-PRICE 1. Direct the Chief Administrative Officer to conduct an audit of 2008 elections held in San Diego County to fully investigate any voter irregularities pertaining to ACORN and report back to Board of Supervisors upon completion of the audit and investigation.

2. Direct the Chief Administrative Officer to consult with the San Diego County District Attorney to determine whether any allegations of misconduct by ACORN employees warrant criminal investigation and report back to the Board of Supervisors upon conclusion.

ACTION: ON MOTION of Supervisor Horn, seconded by Supervisor Slater-Price, the Board of Supervisors directed the Chief Administrative Officer to cooperate with the Attorney General and District Attorney in their investigation, and to report back to the Board at the conclusion of those investigations.

9/22/09 31 AYES: Cox, Jacob, Slater-Price, Roberts, Horn SUBJECT:22. CLOSED SESSION OVERVIEW: A. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Subdivision (a) of Section 54956.9) Name of case: Guatay Christian Fellowship v. County of San Diego; United States District Court, Southern District of California No. 08cv1405-JM(CAB)

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

C. PUBLIC EMPLOYEE PERFORMANCE EVALUATION (Government Code section 54957) Title: County Counsel

ACTION: Any reportable matters will be announced on Wednesday, September 23, 2009, prior to the Board of Supervisors Planning and Land Use meeting.

23. SUBJECT: PRESENTATIONS/AWARDS

OVERVIEW: Vice Chairwoman Pam Slater-Price presented a proclamation declaring September 22, 2009, Athenaeum Music & Arts Library 20th Annual Gala Day throughout the County of San Diego.

Vice Chairwoman Pam Slater-Price and Supervisor Greg Cox presented a proclamation declaring September 22, 2009, Pedro Orso-Delgado Day throughout the County of San Diego.

Supervisor Greg Cox presented a proclamation declaring September 22, 2009, Cabrillo Festival Weekend throughout the County of San Diego.

There being no further business, the Board adjourned at 11:45 a.m. in memory of Mary Jane Bresnahan, Reuben Dominguez, Ruth McKinnie Braun, Arthur Butler, and Captain Ronald Luce.

THOMAS J. PASTUSZKA

9/22/09 32 Clerk of the Board of Supervisors County of San Diego, State of California

Consent: Vizcarra 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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