STATEMENT OF PROCEEDINGS COUNTY OF SAN DIEGO BOARD OF SUPERVISORS REGULAR MEETING TUESDAY, FEBRUARY 10, 2009 Board Of Supervisors North Chamber 1600 Pacific Highway, Room 310, San Diego, California

MORNING SESSION: – Meeting was called to order at 9:06 a.m.

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

Invocation was led by Pastor Derek Taylor, Associate Pastor from El Cajon Church of the Nazarene.

Pledge of Allegiance was led by Alpine elementary students: Julia and Andrew Tompkins and Dylan Tweed. All three were recent competitors in the Alpine Kiwanis Annual Youth Olympics.

Approval of Statement of Proceedings/Minutes for Meeting of January 27, 2009.

ACTION: ON MOTION of Supervisor Horn, seconded by Supervisor Slater-Price, the Board of Supervisors approved the Statement of Proceedings/Minutes for Meeting of January 27, 2009.

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

02/10/09 1 Category Agenda No. Subject

Public Safety 1. SHERIFF – FBI FINGERPRINT CLEARANCE RESOLUTION 2. PROBATION - FOURTH AMENDMENT TO AGREEMENT FOR PROVISION OF WORK FURLOUGH SERVICES AND FACILITY LEASE – CORRECTIONAL ALTERNATIVES, INC. (4 VOTES) 3. PROBATION - STATE/LOCAL JUVENILE OFFENDER IMPLEMENTATION GRANT RATIFICATION [FUNDING SOURCE(S): U.S. DEPARTMENT OF LABOR] 4. PROBATION - REQUEST FOR APPLICATION AND ACCEPTANCE OF TITLE V PREVENTION GRANT FUNDS [FUNDING SOURCE(S): FEDERAL TITLE V PREVENTION GRANT ADMINISTERED BY THE STATE CORRECTIONS STANDARDS AUTHORITY] 5. OFFICE OF EMERGENCY SERVICES – URBAN AREA SECURITY INITIATIVE GRANT ACCEPTANCE AS A SUB GRANTEE [FUNDING SOURCE(S): FEDERAL HOMELAND SECURITY URBAN AREA SECURITY INITIATIVE GRANT PASSED THROUGH THE CALIFORNIA OFFICE OF HOMELAND SECURITY AND THE CITY OF SAN DIEGO] (4 VOTES) Health and Human 6. FOSTER CARE SAFETY NET INITIATIVE – Services SERVICES FOR POLINSKY CHILDREN’S CENTER [FUNDING SOURCE(S): FIRST 5 COMMISSION OF SAN DIEGO] (4 VOTES) 7. CALIFORNIA HEALTHCARE FOR INDIGENTS PROGRAM AND EXPENDITURE PLAN FOR FISCAL YEAR 2008-09 [FUNDING SOURCE(S): CALIFORNIA HEALTHCARE FOR INDIGENTS PROGRAM] Community Services 8. REPORT ON REQUIRING PARENTAL CONSENT FOR MINORS TO CHECK-OUT “R”- RATED DVDS AND VIDEOS FROM SAN DIEGO COUNTY LIBRARIES Financial and General 9. SOUTH BAY UNION SCHOOL DISTRICT Government GENERAL OBLIGATION BONDS, 2008

02/10/09 2 Category Agenda No. Subject

ELECTION, SERIES A 10.* ECONOMIC UPDATE AND STATE BUDGET OUTLOOK 11. WORKFORCE REDUCTION PLAN Communications 12. COMMUNICATIONS RECEIVED Received Land Use and 13. ADMINISTRATIVE ITEM: Environment Group SECOND CONSIDERATION AND ADOPTION OF ORDINANCE: LAND USE AND ENVIRONMENT GROUP LAND USE FEE ORDINANCE AMENDMENTS Public Safety 14. ADMINISTRATIVE ITEM: SECOND CONSIDERATION AND ADOPTION AS ORDINANCE: AN ORDINANCE AMENDING TITLE 3 OF THE SAN DIEGO COUNTY CODE RELATING TO PUBLIC SAFETY, MORALS AND WELFARE. Appointments 15. ADMINISTRATIVE ITEM: APPOINTMENTS Closed Session 16. CLOSED SESSION (DISTRICTS: ALL)

Presentations/Awards 17. PRESENTATIONS/AWARDS

Public Communication 18. PUBLIC COMMUNICATION

*Presentation

02/10/09 3 SUBJECT:1. SHERIFF – FBI FINGERPRINT CLEARANCE RESOLUTION (DISTRICTS: ALL)

OVERVIEW: This is a request to adopt a resolution that will allow the Sheriff’s Department to obtain FBI fingerprint clearance on license applicants for police regulated activities listed in the County Code of Regulatory Ordinances under the Uniform Licensing Procedure §21.101. Section 21.107 (3) of the Uniform Licensing Procedure authorizes the Sheriff’s Department to obtain applicant fingerprints and transmit the fingerprints to California Department of Justice (DOJ). Due to an increase in the number of applicants that have criminal records from other states and federal offenses and/or convictions, it has become necessary to obtain FBI fingerprint clearance.

FISCAL IMPACT: There is no fiscal impact as the result of this request. Existing application fee will be increased from $32 to $51. Fees collected will be forwarded to California Department of Justice along with application and will not be retained by the County.

BUSINESS IMPACT STATEMENT: N/A

RECOMMENDATION: SHERIFF Adopt a resolution entitled: SAN DIEGO COUNTY SHERIFF’S LICENSE & CRIMINAL REGISTRATION DIVISION CII/FBI APPLICANT FINGERPRINT RESOLUTION.

ACTION: ON MOTION of Supervisor Cox, seconded by Supervisor Roberts, the Board took action as recommended, on Consent, adopting Resolution No. 09-012, entitled: SAN DIEGO COUNTY SHERIFF’S LICENSE & CRIMINAL REGISTRATION DIVISION CII/FBI APPLICANT FINGERPRINT RESOLUTION.

AYES: Cox, Jacob, Slater-Price, Roberts, Horn SUBJECT:2. PROBATION - FOURTH AMENDMENT TO AGREEMENT FOR PROVISION OF WORK FURLOUGH SERVICES AND FACILITY LEASE – CORRECTIONAL ALTERNATIVES, INC. (DISTRICT: 1)

OVERVIEW: On February 1, 2000 (2) your Board approved an Agreement for the Provision of Work Furlough Services and Facility Lease with Correctional Alternatives, Inc. (“Agreement”) for the operation of the County Work Furlough Center at 35th Street and Oceanview Boulevard, San Diego and related items. The

02/10/09 1 Agreement consists of a services agreement and a facilities lease attached as Appendix D to the services agreement. The term of the Agreement is 20 years with two five-year extension options. Correctional Alternatives Inc. (“CAI”) funded $2.2 million in building renovations and facility capacity increases at no cost to the County. The County is responsible for ongoing maintenance and capital expenditures at the facility during the term of the agreement. Under the Agreement, CAI may accept detainees from non-County correctional agencies and CAI pays the County ten percent of non-County inmate revenue. The Agreement has undergone three minor, nonmaterial amendments.

CAI, the Probation Department and the Department of General Services, in consultation with the Public Safety Group and County Counsel have negotiated a fourth amendment that includes the following: (1) Capping CAI’s payment to the County for non-County inmate revenue at $265,000 for 2009, with a 3% annual increase thereafter. (2) Assumption by CAI of responsibility for all maintenance and capital expenditures, subject to County oversight. (3) Extending the term to December 31, 2033 with two additional five-year extension options. (4) Additional CAI funding of just more than $2 million in capital improvements and increased capacity. (5) Removal of the Termination for Convenience provision and revision of the Termination for Cause provision. This request today is for the Board to authorize the Chief Probation Officer and the Director of General Services to execute the Fourth Amendment to the Agreement.

FISCAL IMPACT: A portion of funds for this request are included in the Probation Department’s Fiscal Year 2008-10 Operational Plan. If approved, this request will result in Fiscal Year 2008-09 expenditures of $759,323 (including an increase of $47,000 in Facility Occupancy Costs) and revenues of $197,000.

The Fourth Amendment to the Agreement for Provision of Work Furlough Services and Facilities Lease with Correctional Alternatives, Inc. will provide for annual revenue of $265,000 commencing January 1, 2009 with annual three percent (3%) increase thereafter. As a condition of the lease, CAI will take on responsibility for all maintenance projects in the facility. CAI will fund the estimated $2 Million for facility renovations and increased capacity at no cost to the County. This request will require no additional staff years.

BUSINESS IMPACT STATEMENT: N/A

02/10/09 2 RECOMMENDATION: CHIEF ADMINISTRATIVE OFFICER 1. Find that the project is exempt from the California Environmental Quality Act (CEQA) pursuant to the following CEQA Guidelines: (A) section 15301 for renovations to existing facilities with no or negligible expansion of the use; (B) section 15303 for the addition of a small structure in an urbanized area where all public facilities and services are available; and (C) section 15311 for the construction of a small parking lot and related hardscape modifications and perimeter fencing.

2. Authorize the Chief Probation Officer to execute the Fourth Amendment to the Agreement for Provision of Work Furlough Services with Correctional Alternatives, Inc. after reconfirmation that the services can be provided more economically and efficiently by Correctional Alternatives, Inc. than by staff in the Classified Service pursuant to Charter Section 703.10, and to thereafter execute amendments that do not materially change the terms and conditions of the Agreement. (4 VOTES)

3. Authorize the Director of the Department of General Services to execute the Fourth Amendment to the Agreement for the Facilities Lease with Correctional Alternatives, Inc. after execution of the Fourth Amendment to the Agreement for the Provision of Work Furlough Services by the Chief Probation Officer, and to thereafter, in consultation with the Chief Probation Officer, execute amendments that do not materially change the terms and conditions of the Agreement. (4 VOTES)

4. Establish appropriations of $47,000 in the Probation Department, services and supplies, for facility occupancy costs at the County Work Furlough Center based on unanticipated revenues from CAI. (4 VOTES)

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

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

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

SUBJECT:3. PROBATION - STATE/LOCAL JUVENILE OFFENDER IMPLEMENTATION GRANT RATIFICATION (DISTRICTS: ALL)

OVERVIEW: This is a request to ratify the application for the Juvenile Offender Implementation Grant offered by the U.S. Department of Labor in the amount

02/10/09 3 of $3,100,000 for the period October 1, 2009 through March 31, 2011. If approved, this program will support re-entry services for 520 youth currently in custody who will be released to their community.

FISCAL IMPACT: Funds for this request are not included in the Probation Department’s Fiscal Year 2008-2009 Adopted Operational Plan. If this request is approved and the funds are awarded, this request will result in costs and revenue of $1,000,000 in FY 2009-2010 to be included in the Fiscal Year 2009-2011 CAO Proposed Operational Plan with Fiscal Year 2010-11 costs and revenues of $2,100,000. There is no increase in staff years associated with this request. The funding source is the U.S. Department of Labor. No matching funds are required.

BUSINESS IMPACT STATEMENT: N/A

RECOMMENDATION: CHIEF ADMINISTRATIVE OFFICER 1. Ratify the submission of the application for the Juvenile Offender Implementation Grant, Department of Labor grant funds in the amount of up to $3,100,000 for a period of eighteen months (October 1, 2009 through March 31, 2011).

2. Authorize the Chief Probation Officer to review and execute the grant documents.

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

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

SUBJECT:4. PROBATION - REQUEST FOR APPLICATION AND ACCEPTANCE OF TITLE V PREVENTION GRANT FUNDS (DISTRICTS: ALL)

OVERVIEW: This is a request to submit an application, adopt a resolution, and accept Federal Title V Prevention Grant funds for the Disproportionate Minority Contact (DMC) Reduction in Schools Program administered by the State Corrections Standards Authority. The funding amount is $48,360 for the period of July 1, 2009 through June 30, 2010. Funds may be awarded for two additional years pending Congressional appropriation.

The purpose of the grant is to subcontract with a school district for the purpose of assessing and modifying disciplinary structures that might negatively impact

02/10/09 4 overrepresentation of youth of color. If approved, this request will authorize the Chief Probation Officer to submit an application for grant funds, and if awarded, accept and appropriate this funding.

FISCAL IMPACT: Funds for this request are not included in the Fiscal Year 2008-10 Proposed Operational Plan. If approved, this request will result in costs and revenue of $48,360 in Fiscal Year 2009-10 to be included in the Fiscal Year 2009-11 Proposed Operational Plan. This request will result in no additional staff years. The funding source is the Federal Title V Prevention Grant administered by the State Corrections Standards Authority. This grant requires a 50% cash and/or in-kind match ($24,180) that will be provided by in-kind salaries and benefits of the DMC Committee members.

BUSINESS IMPACT STATEMENT: N/A

RECOMMENDATION: CHIEF ADMINISTRATIVE OFFICER 1. Approve the submission of the Title V Prevention Grant for the period July 1, 2009 through June 30, 2010 and authorize the Chief Probation Officer to execute any related contracts, amendments, or extensions that do not materially impact or alter the program or funding level.

2. Adopt the Resolution entitled, “A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF SAN DIEGO RELATING TO THE DISPROPORTIONATE MINORITY CONTACT (DMC) REDUCTION IN SCHOOLS PROGRAM.”

ACTION: ON MOTION of Supervisor Cox, seconded by Supervisor Roberts, the Board took action as recommended, on Consent, adopting Resolution No. 09-013, entitled: A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF SAN DIEGO RELATING TO THE TITLE V PREVENTION GRANT FUNDS.

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

SUBJECT:5. OFFICE OF EMERGENCY SERVICES – URBAN AREA SECURITY INITIATIVE GRANT ACCEPTANCE AS A SUB GRANTEE (DISTRICTS: ALL)

OVERVIEW: This is a request to authorize the County of San Diego (the Department of Planning and Land Use, the Department of Environmental Health, the Office of Emergency Services and the Sheriff’s Department) as a sub grantee of the City of San Diego, to accept $2,343,516 in Urban Area Security Initiative (UASI)

02/10/09 5 grant funds and adopt a resolution authorizing the Deputy Chief Administrative Officer, Public Safety Group, and the Director and Assistant Director of the Office of Emergency Services to execute any actions necessary for the purpose of obtaining financial assistance provided by the federal Department of Homeland Security and sub-granted through the City of San Diego.

This is also a request to authorize the Sheriff’s Department to accept and administer UASI grant funds awarded to the San Diego Law Enforcement Coordination Center (SD-LECC). The federal Department of Homeland Security (DHS) has provided funding to the California Emergency Management Agency (Cal EMA) through the UASI grant. This grant provides direct anti- terrorism funding to high threat urban areas for equipment, training and planning. The recipient of this grant, the City of San Diego, and the core county, San Diego County, will coordinate to ensure San Diego urban area homeland security needs are met. As administrator of the UASI grant, the City of San Diego has allocated UASI grant funds to jurisdictions within San Diego County. These funds will be used to support expenses related to equipment purchases, regional projects, emergency planning and training of first responders.

FISCAL IMPACT: Funds for this request are not included in the Fiscal Year 2008-10 Adopted Operational Plan. If approved, this request will result in current year costs and revenues of $2,343,516. The funding source is the Federal Homeland Security Urban Area Security Initiative grant passed through the California Office of Homeland Security and the City of San Diego and will not require the addition of staff years.

BUSINESS IMPACT STATEMENT: N/A

RECOMMENDATION: CHIEF ADMINISTRATIVE OFFICER 1. Authorize the Department of Planning and Land Use, the Department of Environmental Health, the Office of Emergency Services and the Sheriff’s Department to accept the Urban Area Security Initiative grant from the City of San Diego for the period October 23, 2008 to May 31, 2011 in the amount of $2,343,516 for training, emergency planning and to purchase equipment to enhance the response to chemical, biological, radiological, nuclear and explosive incidents.

2. Establish appropriations of $498,000 in the Department of Planning and Land Use, to award contracts to provide services and for the purchase of equipment and fixed assets to enhance the response to chemical, biological, radiological, nuclear and explosive incidents based on unanticipated revenues from the California Emergency Management Agency passed- through the City of San Diego. (4 VOTES)

02/10/09 6 3. Establish appropriations of $18,100 in the Department of Environmental Health, for the purchase of equipment and fixed assets to enhance the response to chemical, biological, radiological, nuclear and explosive incidents based on unanticipated revenues from the California Emergency Management Agency passed-through the City of San Diego. (4 VOTES)

4. Establish appropriations of $176,265 in the Office of Emergency Services to enter into expenditure contracts with local jurisdictions to enhance the response to chemical, biological, radiological, nuclear and explosive incidents based on unanticipated revenues from the California Emergency Management Agency passed-through the City of San Diego. (4 VOTES)

5. Authorize the Director of Emergency Services to enter into expenditure contracts with local jurisdictions to enhance the response to chemical, biological, radiological, nuclear and explosive incidents.

6. Establish appropriations of $539,861 in the Sheriff’s Department for the purchase of equipment and fixed assets to enhance the response to chemical, biological, radiological, nuclear and explosive incidents based on unanticipated revenues from the California Emergency Management Agency passed-through the City of San Diego. (4 VOTES)

7. Authorize the Sheriff to accept and administer UASI grant funds on behalf of the San Diego Law Enforcement Coordination Center (SD-LECC), including procurement of equipment and contracting for services, if necessary.

8. Establish appropriations of $1,111,290 in the Sheriff’s Department on behalf of the San Diego Law Enforcement Coordination Center (SD-LECC) for equipment, services, and supplies based on unanticipated revenue from the California Emergency Management Agency passed-through the City of San Diego. (4 VOTES)

9. Adopt a resolution entitled “A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF SAN DIEGO RELATING TO THE URBAN AREA SECURITY INITIATIVE” which authorizes the Deputy Chief Administrative Officer, Public Safety Group, the Director and Assistant Director of the Office of Emergency Services to execute any actions necessary for the purpose of obtaining federal financial assistance provided by the federal Department of Homeland Security and sub-granted through the City of San Diego.

10. Authorize the Director of the Office of Emergency Services to execute required contracts and agreements to accept UASI grant funds.

02/10/09 7 11. Waive Board Policy B-29, Fees, Grants, Revenue, and Contracts – Department Responsibility for Cost Recovery.

ACTION: ON MOTION of Supervisor Cox, seconded by Supervisor Roberts, the Board took action as recommended, on Consent, adopting Resolution No. 09-014, entitled: A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF SAN DIEGO RELATING TO THE URBAN AREA SECURITY INITIATIVE.

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

SUBJECT:6. FOSTER CARE SAFETY NET INITIATIVE – SERVICES FOR POLINSKY CHILDREN’S CENTER (DISTRICTS: ALL)

OVERVIEW: Over the years, your Board has shown a long-term commitment to enhancing programs designed specially for abused, neglected or abandoned children who are placed at the County’s 24-hour emergency shelter. The A.B. and Jessie Polinsky Children’s Center (PCC), located in Kearny Mesa, admits on average, 190 children from birth to age 18, each month. A variety of on-site specialty services are available to these children to address their critical physical, emotional and mental health needs.

The County of San Diego’s First 5 Commission is charged with administering funding generated as a result of California’s Proposition 10. Passed by voters in 1998, the measure provides funding for programs aimed at children, ages 0 – 5. On December 16, 2008, the County’s First Five Commission voted to establish the “Foster Care Safety Net – Early Childhood Child Welfare Initiative” at PCC in order to enhance the vital services available to children on site. The Initiative complements and enhances existing services at PCC to ensure that each child receives the continuity of care needed as they move to a permanent placement. Funds totaling $4,500,000 from the First 5 Commission are available over a three-year period to support the Initiative. It is anticipated that this funding will assist the County in continuing service delivery to vulnerable populations during times of funding shortfalls due to the serious economic downturn.

Statutory mandates for Child Welfare Services are to maximize safety, keep children in permanent living situations and promote the development of children receiving child welfare services. Rady Children’s Hospital - Developmental Screening and Enhancement Program (DSEP) staff currently provide children placed at PCC, aged 3 months to 5 years, with a specialized developmental screening and related services in line with State mandates.

02/10/09 8 Today’s action will authorize the Director of Purchasing and Contracting to enter into negotiations with Rady’s Children’s Hospital, and subject to successful negotiations, amend the contract to expand services and enhance therapeutic childcare for children, 0 – 5 years of age at the Polinsky Children’s Center.

FISCAL IMPACT: The FY 2008-2010 Operational Plan for the Health and Human Services Agency includes current year costs and revenue of $62,500 for this program. If approved, this proposal will result in an increase in current year cost and revenue of $750,000, and subsequent years cost and revenue of $1.5 million for FY 2009-10, $1.5 million for FY 2010-11 and $750,000 for FY 2011-12. The funding source is the First 5 Commission of San Diego. 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. 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, Purchasing and Contracting to enter into negotiations with Rady Children's Hospital and, subject to successful negotiations and determination of a fair and reasonable price, amend current contract number 502041 to expand DSEP services and enhance therapeutic childcare for children 0 – 5 years of age at the A. B. and Jessie Polinsky Children’s Center.

3. Establish appropriations of $750,000 in the Health and Human Services Agency, Child Welfare Services for the Foster Care Safety Net – Early Childhood Child Welfare Initiative based on unanticipated revenue from the First 5 Commission of San Diego. (4 VOTES)

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

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

02/10/09 9 SUBJECT:7. CALIFORNIA HEALTHCARE FOR INDIGENTS PROGRAM AND EXPENDITURE PLAN FOR FISCAL YEAR 2008-09 (DISTRICTS: ALL)

OVERVIEW: On December 4, 2007 (7), the Board of Supervisors approved the FY 2007-08 California Healthcare for Indigents Program (CHIP) Expenditure Plan and authorized the submission of the FY 2008-09 CHIP application to the State. This program provides funding for health services to indigent patients by partially reimbursing hospitals and physicians for the uncompensated cost of health and emergency medical services.

Board action is requested to submit the FY 2008-09 California Healthcare for Indigents Program Expenditure Plan, including the required standard agreements, and the FY 2009-10 funding application for the California Healthcare for Indigents Program to the State Department of Health Services. The County’s FY 2008-09 CHIP application was delayed by the State due to budget issues at the State level.

FISCAL IMPACT: Funding for this request is included in the FY 2008-10 Operational Plan for the Health and Human Services Agency. If approved, this request will result in a current year cost and revenue of $1,575,597. The funding source is the California Healthcare for Indigents Program. There is no General Fund cost and no additional staff years.

BUSINESS IMPACT STATEMENT: N/A

RECOMMENDATION: CHIEF ADMINISTRATIVE OFFICER 1. Approve and authorize execution and submission by the Clerk of the Board of Supervisors, upon receipt, the Board Certification of the FY 2008-09 Description of Proposed Expenditure of California Healthcare for Indigents Program Funds, and any subsequent amendments, to the State Department of Health Services. 2. Approve and authorize execution and submission by the Clerk of the Board of Supervisors, upon receipt, the FY 2008-09 California Healthcare for Indigents Program and Emergency Medical Services Appropriation (EMSA) standard agreements, and any subsequent amendments, to the State Department of Health Services. 3. Approve and authorize execution and submission by the Clerk of the Board of Supervisors, upon receipt, the FY 2009-10 application for the California Healthcare for Indigents Program including, if required, application for the Emergency Medical Services Appropriation (EMSA) to the State Department of Health Services.

02/10/09 10 ACTION: ON MOTION of Supervisor Cox, seconded by Supervisor Roberts, the Board took action as recommended, on Consent.

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

SUBJECT:8. REPORT ON REQUIRING PARENTAL CONSENT FOR MINORS TO CHECK-OUT “R”-RATED DVDS AND VIDEOS FROM SAN DIEGO COUNTY LIBRARIES (DISTRICTS: ALL)

OVERVIEW: On December 9, 2008 (18), upon the recommendation of Supervisor Horn, the Board of Supervisors directed the Chief Administrative Officer to report back within 60 days on the costs and recommendations necessary to create a new library card application that clearly states the San Diego County Library’s DVD and video check-out policy. The Board directed that these recommendations implement an option for parents to restrict their minor children’s access to R-rated video materials. Staff is returning to the Board today with the requested report and recommendations.

FISCAL IMPACT: Funds and staff years for this proposal are included in the Fiscal Year 2008-09 Operational Plan. If approved, this request will result in a one-time current year cost of $5,800 for re-cataloging R-rated materials and forms and an annual ongoing cost of $500 for forms.

BUSINESS IMPACT STATEMENT: N/A

RECOMMENDATION: CHIEF ADMINISTRATIVE OFFICER 1. Accept this report to the Board of Supervisors.

2. Direct the County Library Director to implement changes to the San Diego County Library DVD and video check-out policies, forms, and management software to provide an option for parent's to restrict their children’s access to R-Rated video materials.

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

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

02/10/09 11 SUBJECT:9. SOUTH BAY UNION SCHOOL DISTRICT GENERAL OBLIGATION BONDS, 2008 ELECTION, SERIES A (DISTRICT: 1)

OVERVIEW: A special bond election was duly held in the South Bay Union School District (the “District”) on November 4, 2008, under the procedures specified in Proposition 39. Approximately 76.4% of those voters casting ballots (which is above the 55% voter approval level required) authorized the issuance of general obligation bonds of the District in the maximum aggregate principal amount of $59,400,000 (the “Authorization”).

The Board of Trustees of the District adopted a resolution on January 22, 2009 requesting the Board of Supervisors to authorize the issuance and sale of the South Bay Union School District (San Diego County, California) General Obligation Bonds, 2008 Election, Series A (the “Bonds”) in the aggregate principal amount of not to exceed $20,000,000. Proceeds from the Bonds will be used to finance new construction and modernization of school facilities for the District. Subsequent to the issuance of the Bonds, approximately $39,400,000 of the Authorization will remain for the issuance of additional series of bonds.

FISCAL IMPACT: These Bonds are general obligations of the District to be paid from ad valorem property taxes levied within the boundaries of South Bay Union School District and do not constitute an obligation of the County.

BUSINESS IMPACT STATEMENT: N/A

RECOMMENDATION: CHIEF ADMINISTRATIVE OFFICER Adopt the resolution entitled: RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF SAN DIEGO AUTHORIZING THE ISSUANCE AND SALE OF SOUTH BAY UNION SCHOOL DISTRICT GENERAL OBLIGATION BONDS, 2008 ELECTION, SERIES A, IN THE AGGREGATE PRINCIPAL AMOUNT OF NOT TO EXCEED $20,000,000

02/10/09 12 ACTION: ON MOTION of Supervisor Cox, seconded by Supervisor Roberts, the Board took action as recommended, on Consent, adopting Resolution No. 09-015, entitled: A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF SAN DIEGO AUTHORIZING THE ISSUANCE AND SALE OF SOUTH BAY UNION SCHOOL DISTRICT GENERAL OBLIGATION BONDS, 2008 ELECTION, SERIES A, IN THE AGGREGATE PRINCIPAL AMOUNT OF NOT TO EXCEED $20,000,000.

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

SUBJECT:10. ECONOMIC UPDATE AND STATE BUDGET OUTLOOK (DISTRICTS: ALL)

OVERVIEW: Subsequent to the adoption of the County’s Fiscal Year 2008-2010 Operational Plan, economic conditions have significantly declined, affecting important revenue sources for the County in the current fiscal year as well as threatening funding levels for services in Fiscal Year 2009-10 and beyond. On November 18, 2008 (24) your Board received an overview of current economic conditions and their impact.

In addition, the State of California has identified a $41.6 billion projected budget shortfall that affects both the current year and Fiscal Year 2009-10. The solutions under consideration by the Legislature will have a negative impact on the County’s ability to deliver health and social services to its residents. Further, State cash shortages are anticipated without a near term resolution to the State’s budget imbalance; these cash shortages may impact scheduled payments to the County for disbursement to clients.

Today, staff will present an update on the impact of current economic conditions on the County as well as a briefing on the impact on the County’s health and social services programs from actions likely to be taken by the State to resolve its budget crisis.

FISCAL IMPACT: None by this action. The Board may be asked to take action to adjust budget levels for individual departments as part of future regular quarterly budget status reports as necessary.

BUSINESS IMPACT STATEMENT: N/A

02/10/09 13 RECOMMENDATION: CHIEF ADMINISTRATIVE OFFICER Receive the presentation by the Chief Administrative Officer.

ACTION: Received presentation.

SUBJECT:11. WORKFORCE REDUCTION PLAN (DISTRICTS: ALL)

OVERVIEW: Due to the current state and federal economic situation, there is an immediate need for strong and proactive action to minimize the potential impact on the citizens of San Diego County. Difficult choices must be made in response to the local and State fiscal condition, and this document reflects the recommended reductions submitted by County departments. Fortunately, the organization has been preparing for this circumstance and therefore many of the staffing reductions have been addressed through attrition. However, two departments are required to recommend reductions at this time of positions that are presently encumbered. While the Department of Human Resources will make considerable effort to find other employment opportunities throughout the county, it is still necessary to initiate these workforce reductions. State funding and other economic impacts may require additional position reductions in the future.

FISCAL IMPACT: The proposed action will result in an avoidance of approximately $602,000 in costs for the remainder of this fiscal year for which there are no supporting program revenues. The annualized cost of these positions is approximately $2.2 million.

BUSINESS IMPACT STATEMENT: N/A

RECOMMENDATION: CHIEF ADMINISTRATIVE OFFICER Adopt the resolution making the determination, pursuant to Section 14.1.1 of the Civil Service Rules, that it is necessary due to a lack of work and funds to reduce the number of staff in specified classified positions in county departments.

02/10/09 14 ACTION: ON MOTION of Supervisor Horn, seconded by Supervisor Roberts, the Board took action as recommended, adopting Resolution No. 09-016, entitled: RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF SAN DIEGO DETERMINING THE NECESSITY FOR A REDUCTION IN THE NUMBER OF STAFF IN SPECIFIED CLASSIFIED POSITIONS IN COUNTY DEPARTMENTS.

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

SUBJECT:12. COMMUNICATIONS RECEIVED (DISTRICTS: ALL)

OVERVIEW: Board Policy A-72, Board of Supervisors Agenda and Related Process, authorizes the Clerk of the Board to prepare a Communications Received for Board of Supervisors' Official Records. Routine informational reports, which need to be brought to the attention of the Board of Supervisors yet not requiring action, are listed on this document. Communications Received documents are on file in the Office of the Clerk of the Board.

FISCAL IMPACT: N/A

BUSINESS IMPACT STATEMENT: N/A

RECOMMENDATION: CHIEF ADMINISTRATIVE OFFICER Note and File

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

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

SUBJECT:13. ADMINISTRATIVE ITEM: SECOND CONSIDERATION AND ADOPTION OF ORDINANCE: LAND USE AND ENVIRONMENT GROUP LAND USE FEE ORDINANCE AMENDMENTS (DISTRICTS: ALL)

OVERVIEW: On January 28, 2009 (20), the Board of Supervisors introduced Ordinance for further Board consideration and adoption on February 10, 2009.

02/10/09 15 In October 2008, the Land Use and Environment Group presented your Board with the findings of an organizational and functional analysis of the multi- departmental land development program. The goal of the study was to better align and coordinate the various regulatory programs and streamline processes with the overarching goal of improving customer service. One outcome of the study was to improve services to the public by integrating counter staff from the Departments of Public Works and Planning and Land Use to make the land development application process as seamless as possible.

This item before your Board today incorporates many of the findings and recommendations from the study by combining the land development fees and deposits for the Departments of Planning and Land Use, Public Works, and Parks and Recreation into consecutive sections of the Administrative Code that identify each department’s fees and deposits by application type. Previously, each of these department’s fees were located in disparate sections of the Administrative Code. This item also serves to codify the change in departmental responsibility of certain functions resulting from the reorganized public service counter.

Each of the departments included in this ordinance amendment performs different tasks associated with processing land development applications. Each department is also responsible for ensuring that the program is wholly funded by deposits and fees, which must fully offset the costs of services provided. Fees and deposits are reviewed annually; and if necessary, they are adjusted to reflect changes in actual and estimated costs. Proposed current year fees and deposits are based upon budgeted costs included in the Adopted Budget for Fiscal Year 2008-09 and subsequent year proposed fees and deposits are based upon estimated costs included in the Approved Budget for Fiscal Year 2009-10.

FISCAL IMPACT: Funds for this request are included in the Fiscal Year 2008-10 Operational Plan for the Departments of Planning and Land Use, Public Works, and Parks and Recreation. The proposal will revise standard hourly billing rates, fees and deposits to reflect current year budgeted costs and estimated costs for the following fiscal year. The proposed fee and deposit adjustments will ensure full cost recovery for services related to processing discretionary land development and building permit applications.

BUSINESS IMPACT STATEMENT: The proposed fee and deposit adjustments will have a moderate impact on the business community. The average discretionary fee across all three departments is proposed to increase $20 (4.6%) in FY 08-09 and $17 (3.8%) in FY 09-10. The average deposit across departments is proposed to increase $125 (4.7%) in FY08-09 and $115 (4.1%) in FY 09-10. The average building permit fee for homes is proposed to increase $129 (3.9%) in FY 2008-09, and $145 (4.7%) in FY 2009-10. Attachments C1 – C5 provide a complete list of proposed changes by department and permit type.

02/10/09 16 RECOMMENDATION: CHIEF ADMINISTRATIVE OFFICER Adopt Ordinance entitled: AN ORDINANCE ADDING SECTION 362.3.5 TO THE ADMINISTRATIVE CODE, AND AMENDING SECTIONS 71.204.1, 71.407 AND 71.608 OF THE COUNTY CODE, RELATING TO FEES AND DEPOSITS FOR THE DEPARTMENTS OF PLANNING AND LAND USE, AND PUBLIC WORKS.

ACTION: ON MOTION of Supervisor Cox, seconded by Supervisor Roberts, the Board took action as recommended, on Consent, adopting Ordinance No. 9969(N.S.) entitled: AN ORDINANCE ADDING SECTION 362.3.5 TO THE ADMINISTRATIVE CODE, AND AMENDING SECTIONS 71.204.1, 71.407 AND 71.608 OF THE COUNTY CODE, RELATING TO FEES AND DEPOSITS FOR THE DEPARTMENTS OF PLANNING AND LAND USE, AND PUBLIC WORKS.

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

SUBJECT:14. ADMINISTRATIVE ITEM: SECOND CONSIDERATION AND ADOPTION AS ORDINANCE: AN ORDINANCE AMENDING TITLE 3 OF THE SAN DIEGO COUNTY CODE RELATING TO PUBLIC SAFETY, MORALS AND WELFARE. (DISTRICTS: ALL)

OVERVIEW: On January 27, 2009 (3), staff introduced ordinance amendments for further Board consideration and adoption on February 10, 2009. County Departments have been engaged in comprehensive revisions to the San Diego County Code (“County Code”). This recommendation, which proposes revisions to most of Title 3 of the County Code, is the fourth phase of the revision project. Earlier revisions amended Titles 1 and 2 (the first phase), Title 4 (the second phase) and rewrote the Building, Plumbing, Electrical and Mechanical Codes (“Construction Codes”) and Fire Code and moved them into a new title, Title 9 (the third phase).

FISCAL IMPACT: There are no fiscal impacts associated with this request.

BUSINESS IMPACT STATEMENT: Adoption of the proposed Ordinance will eliminate unnecessary regulations that are preempted by State law. The proposed Ordinance will also clarify

02/10/09 17 regulations and make them easier to be understood and be enforced, reducing misunderstanding and increasing the likelihood that citations will be upheld. Clarification of the licensing procedures will provide certainty to applicants and reduce staff time in processing licensing applications.

RECOMMENDATION: CHIEF ADMINISTRATIVE OFFICER Adopt the Ordinance entitled: AN ORDINANCE AMENDING TITLE 3 OF THE SAN DIEGO COUNTY CODE RELATING TO PUBLIC SAFETY, MORALS AND WELFARE

ACTION: ON MOTION of Supervisor Cox, seconded by Supervisor Roberts, the Board took action as recommended, on Consent, adopting Ordinance No. 9970(N.S.) entitled: AN ORDINANCE AMENDING TITLE 3 OF THE SAN DIEGO COUNTY CODE RELATING TO PUBLIC SAFETY, MORALS, AND WELFARE.

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

SUBJECT:15. 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, 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 and Policy A-134, Procedures for Appointment to Resource Conservation District Boards of Directors. FISCAL IMPACT: N/A BUSINESS IMPACT STATEMENT: N/A RECOMMENDATION: SUPERVISOR COX Appoint Hector C. Molina to the Cable Television and Telecommunications Review Commission, Seat No. 1, for a term to expire January 7, 2013.

CHAIRWOMAN JACOB Re-appoint Michael Wagenleitner to County Service Area No. 026 – Rancho San Diego Local Park District Citizen Advisory Board, for a term to expire January 7, 2013.

02/10/09 18 Appoint Janet Cox-Dillard to the Crest-Dehesa-Granite Hills-Harbison Canyon Community Planning Group, Seat No. 1, for a term to expire January 7, 2013.

Re-appoint Ralph J. Slagill to the Crest-Dehesa-Granite Hills-Harbison Canyon Community Planning Group, Seat No. 3, for a term to expire January 7, 2013.

Appoint Gretel Silyn-Roberts to the San Diego County Environmental Health Advisory Board, as the Water Quality/Liquid Waste Disposal representative, for a term to expire February 10, 2012.

Re-appoint Linda A. Ludwig to the San Diego County Law Library Board of Trustees, for a term to expire December 1, 2011.

Appoint Carolyn R. Brock to the San Diego County Law Library Board of Trustees, for a term to expire February 10, 2012.

Waive Board Policy A-74, Citizen Participation in County Boards, Commissions and Committees and re-appoint Michael Beck to the Planning Commission, for a term to expire January 7, 2013.

Waive Board Policy A-74, Citizen Participation in County Boards, Commissions and Committees and re-appoint Bryan E. Woods to the Planning Commission, for a term to expire January 7, 2013.

Appoint Florence McCutcheon to the Integrated Pest Management Committee, as a public representative, for a term to expire February 10, 2011.

Appoint Jeffery L. Caufield to the Integrated Pest Management Committee, as environmental law attorney, for a term to expire February 10, 2011.

Appoint Kevin Grangetto to the Integrated Pest Management Committee, as a Farm Bureau representative, for a term to expire February 10, 2011.

Waive Board Policy A-74, Citizen Participation in County Boards, Commissions and Committees and re-appoint David Kellum to the Integrated Pest Management Committee, for a term to expire March 20, 2009 and an additional term to expire March 18, 2011.

Waive Board Policy A-74, Citizen Participation in County Boards, Commissions and Committees and re-appoint Gary W. Strawn to the Integrated Pest Management Committee, for a term to expire November 5, 2009 and an additional term to expire November 4, 2011.

Waive Board Policy A-74, Citizen Participation in County Boards,

02/10/09 19 Commissions and Committees and re-appoint Ruth M. Heifetz to the Integrated Pest Management Committee, for a term to expire November 5, 2009 and an additional term to expire November 4, 2011.

Waive Board Policy A-74, Citizen Participation in County Boards, Commissions and Committees and re-appoint Scott Murray to the Integrated Pest Management Committee, for a term to expire March 20, 2009 and an additional term to expire March 18, 2011.

Waive Board Policy A-74, Citizen Participation in County Boards, Commissions and Committees and re-appoint Herb Field to the Integrated Pest Management Committee, for a term to expire March 20, 2009 and an additional term to expire March 18, 2011.

Waive Board Policy A-74, Citizen Participation in County Boards, Commissions and Committees and re-appoint Terrell Salmon to the Integrated Pest Management Committee, for a term to expire March 20, 2009 and an additional term to expire March 18, 2011.

Appoint Torrey Brean to the Ramona Community Planning Group, Seat No. 15, for a term to expire January 7, 2013.

Appoint Don L. Ruch to the Ramona Cemetery District, Seat No. 3, for a term to expire January 7, 2013.

Appoint Steve Goble to the Cable Television and Telecommunications Review Commission, Seat No. 2, for a term to expire January 7, 2013.

SUPERVISOR ROBERTS Appoint Dr. Irving Jacoby to the Emergency Medical Care Committee, for a term to expire February 8, 2013.

Appoint Ryan Trabuco to the San Diego County Alcohol and Drug Advisory Board, for a term to expire January 3, 2011.

Re-appoint Theresa Bish to the San Diego County Mental Health Board, for a term to expire December 30, 2011.

Waive Board Policy A-74, Citizen Participation in County Boards, Commissions and Committees and re-appoint David Faulkner to the Fly Abatement and Appeals Board, for a term to expire December 8, 2011.

Waive Board Policy A-74, Citizen Participation in County Boards, Commissions and Committees and re-appoint Bill Parkllan to the Mobile Home Issues Committe, for a term to expire January 3, 2011.

02/10/09 20 Re-appoint Douglas Humphrey to the Resource Conservation District of Greater San Diego, for a term to expire November 30, 2012.

Re-appoint Scott Barnett to the Resource Conservation District of Greater San Diego, for a term to expire November 30, 2012.

Re-appoint Elizabeth DeSouza to the Resource Conservation District of Greater San Diego, for a term to expire November 30, 2012.

SUPERVISOR HORN Appoint Gunnar Hanson to the Valley Center Cemetery District, Seat No. 4, for a term to expire January 7, 2013.

Re-appoint Lael Montgomery to the Valley Center Design Review Board, Seat No 4, for a term to expire June 10, 2013.

CHIEF ADMINISTRATIVE OFFICER Appoint Loren Vinson to the Citizens’ Law Enforcement Review Board (CLERB), for a term to expire June 30, 2011.

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

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

SUBJECT:16. CLOSED SESSION (DISTRICTS: ALL) OVERVIEW: A. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Subdivision (a) of Section 54956.9) Andrew Desaro, et al. v. County of San Diego, et al.; San Diego County Superior Court No. GIE 032689

B. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Subdivision (a) of Section 54956.9) Russell G. Finberg v. County of San Diego, et al.; San Diego County Superior Court No. 37-2007-00062618- CU-CR-EC

C. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant exposure to litigation pursuant to subdivision (b) of Government Code section 54956.9: (Number of Potential Cases – 1)

D. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED

02/10/09 21 LITIGATION Significant exposure to litigation pursuant to subdivision (b) of Government Code section 54956.9: (Number of Potential Cases – 1)

E. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant exposure to litigation pursuant to subdivision (b) of Government Code section 54956.9: (Number of Potential Cases – 1)

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

ACTION: In closed session following the public agenda, the Board of Supervisors took the following reportable actions: Item 16A: Desaro v. County of San Diego; a lawsuit involving claims of dangerous condition of public property and cross action for indemnity by the County against co-defendant SDG&E. By vote of all 5 members of the Board present and voting “Aye,” the Board authorized settlement of the County’s cross complaint for indemnity by accepting SDG&E’s offer of settlement in the sum of $205,000 in return for dismissal of the County’s cross-complaint.

SUBJECT:17. PRESENTATIONS/AWARDS

OVERVIEW: Chairwoman Dianne Jacob presented a proclamation declaring February 10, 2009, Cole Whitt Day throughout the County of San Diego.

Vice-Chairwoman Pam Slater-Price presented a proclamation declaring February 2009, American Heart Month throughout the County of San Diego.

Supervisor Greg Cox presented a proclamation declaring February 10, 2009, Southwestern College Sun Newspaper Staff Day throughout the County of San Diego.

02/10/09 22 SUBJECT:18. PUBLIC COMMUNICATION

OVERVIEW: Rudy Reyes spoke to the Board concerning Medical Cannabis. Raymond Lutz spoke to the Board concerning Elections. Katheryn Rhodes spoke to the Board concerning Sunrise Powerlink.

ACTION: Heard, referred to the Chief Administrative Officer.

There being no further business, the Board adjourned at 12:20 p.m. in memory of Lee Taylor, Leone Santoro, Dr. Arlene Howe, and Shirley Del Lauriers.

THOMAS J. PASTUSZKA 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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