County Of San Diego Board Of Supervisors

STATEMENT OF PROCEEDINGS COUNTY OF SAN DIEGO BOARD OF SUPERVISORS REGULAR MEETING TUESDAY, OCTOBER 20, 2009 Board Of Supervisors North Chamber 1600 Pacific Highway, Room 310, San Diego, California

MORNING SESSION: - Meeting was called to order at 9:18 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 Supervisor Bill Horn.

Pledge of Allegiance to the Flag led by Supervisor Ron Roberts.

Public Communication: [No Speakers]

10/20/09 1 Category Agenda No. Subject

Public Safety 1. OFFICE OF EMERGENCY SERVICES – PUBLIC AWARNESS MEDIA CAMPAIGN AND ACCEPTANCE OF DONATIONS [FUNDING SOURCE(S): FY 2008-09, STATE HOMELAND SECURITY GRANT] Health and Human 2. HIV/AIDS REVENUE Services [FUNDING SOURCE(S): FEDERAL RWTMA PART F (MAI)] 3. MEDI-CAL ADMINISTRATIVE ACTIVITIES/TARGETED CASE MANAGEMENT HOST COUNTY AGREEMENT [FUNDING SOURCE(S): FEDERAL MEDICAID PROGRAM ADMINISTERED THROUGH THE STATE OF CALIFORNIA, DEPARTMENT OF HEALTH CARE SERVICES] 4. MENTAL HEALTH SERVICES ACT – INNOVATION COMPONENT PLANNING FUNDS, IMPLEMENTATION AND PROCUREMENT [FUNDING SOURCE(S): MENTAL HEALTH SERVICES ACT] 5. FISCAL YEAR 2009-10 BUSINESS PLAN FOR THE A.B. AND JESSIE POLINSKY CHILDREN’S CENTER Community Services 6. ACCEPT GIFTS AND ESTABLISH APPROPRIATIONS OF GRANT FUNDS FOR THE SAN DIEGO COUNTY LIBRARY [FUNDING SOURCE(S): CALIFORNIA STATE LIBRARY GRANTS AND FUND BALANCE AVAILABLE IN THE LIBRARY FUND] (4 VOTES) 7. SAN PASQUAL ACADEMY – APPROVAL OF THIRD AMENDMENT TO LEASE WITH WITMAN RANCH, INC.; APPROVAL OF SIXTH AMENDMENT TO LEASE WITH NEW ALTERNATIVES, INC., TO PROVIDE SITES FOR FUTURE RECREATIONAL FACILITIES (4 VOTES) 8. FIRST AMENDMENT TO LEASE AGREEMENT FOR COUNTY PROBATION DEPARTMENT’S ADMINISTRATIVE SERVICES DIVISION, 9444 BALBOA AVENUE, SUITE 500, KEARNY MESA [FUNDING SOURCE(S): GENERAL FUND] Land Use and 9.* PROJECT GREEN: PROTECTING OUR Environment NATURAL AND FISCAL RESOURCES

10/20/09 2 Category Agenda No. Subject

Financial and General 10. RESOLUTION IN SUPPORT OF LEGISLATION Government TO EXTEND ROTH OPTION TO STATE AND LOCAL 457 PLANS 11. AGREEMENT WITH SAN DIEGO GAS & ELECTRIC FOR AERIAL FIREFIGHTING EQUIPMENT 12. PROVIDING MIDDLE SCHOOL YOUTH ENRICHMENT ACTIVITIES [FUNDING SOURCE(S): GENERAL FUND] 13. NEIGHBORHOOD REINVESTMENT GRANT PROGRAM (DISTRICT: 3) [FUNDING SOURCE(S): NEIGHBORHOOD REINVESTMENT GRANT BUDGET (ORG 15660)] 14. NEIGHBORHOOD REINVESTMENT PROGRAM POLICY (DISTRICTS: ALL) 15. PROPOSITION 1A SECURITIZATION PROGRAM

(RELATES TO FLOOD CONTROL DISTRICT, AGENDA NO. 1) 16. ADMINISTRATIVE ITEM: SECOND CONSIDERATION AND ADOPTION OF ORDINANCE: AMENDMENTS TO THE COMPENSATION ORDINANCE Communications 17. COMMUNICATIONS RECEIVED Received Financial and General 18. RESOLUTION RECOGNIZING THE 20TH *PresentationGovernment ANNIVERSARY OF THE FALL OF THE BERLIN WALL 19. AMENDMENTS TO NEIGHBORHOOD REINVESTMENT PROGRAM AND COMMUNITY ENHANCEMENT GRANTS (DISTRICT: 2) Appointments 20. ADMINISTRATIVE ITEM: APPOINTMENTS Closed Session 21. CLOSED SESSION Presentations/Awards 22. PRESENTATIONS/AWARDS

10/20/09 3 1. SUBJECT: OFFICE OF EMERGENCY SERVICES – PUBLIC AWARNESS MEDIA CAMPAIGN AND ACCEPTANCE OF DONATIONS (DISTRICTS: ALL)

OVERVIEW: This is a request to approve the acceptance of various donations for the public awareness campaign and to authorize procurements for media contracts to promote emergency preparedness. To assist in educating the public, the Office of Emergency Services (OES) will utilize local television, cable and radio networks to air Public Service Announcements. These advertising spots will direct listeners and viewers to ReadySanDiego.org where they can obtain information on completing a Family Disaster Plan and register for AlertSanDiego.

FISCAL IMPACT: Funds for this request are included in the Fiscal Year 2009-10 Operational Plan in the Office of Emergency Services. If approved, this request will result in costs and revenue of $105,000 in Fiscal Year 2009-10. The funding source is the FY 2008-09, State Homeland Security Grant. 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. In accordance with Board Policy A-87, Competitive Procurement, approve and authorize the Purchasing and Contracting Director, to enter into negotiations with local media corporations and subject to successful negotiations and determination of a fair and reasonable price, award sole source contracts for advertising with media corporations to provide emergency preparedness messaging for the period January 1, 2010 through December 31, 2010 with five option years (through December 31, 2015) and up to an additional six months if necessary, and to amend the contracts as required for changes to services and funding, subject to approval of the Deputy Chief Administrative Officer of the Public Safety Group. Waive the advertising requirement of Board Policy A-87.

2. In accordance with Board Policy A-87, Competitive Procurement, approve and authorize the Purchasing and Contracting Director to enter into negotiations with KFMB 100.7; KIFM 98-1; KSON 97.3; KYXY 96.5; and XHPRS 105.7 and subject to negotiations and a determination of a fair and reasonable price, award contracts totaling $10,000 for the purchase of radio air-time and to amend the contract as needed to reflect changes to services and funding subject to the approval of the Office of Emergency Services. Waive the advertising requirement of Board Policy A-87.

3. In accordance with Board Policy A-87, Competitive Procurement, approve

10/20/09 1 and authorize the Purchasing and Contracting Director to enter into negotiations with Cox Communications, KNSD 7/39; KFMB 8; KGTV 10 and subject to negotiations and a determination of a fair and reasonable price, award contracts totaling $95,000 for the purchase of radio air- time and to amend the contract as needed to reflect changes to services and funding subject to the approval of the Office of Emergency Services. Waive the advertising requirement of Board Policy A-87.

4. Pursuant to Administrative Code Section 66 and Board Policy A-112, authorize the acceptance of donations totaling $41,000 to the Office of Emergency Services from Barona Valley Ranch Resort and Casino and Papa John’s San Diego LLC.

5. Authorize the Chair of the Board of Supervisors to sign letters of appreciation on behalf of the Board of Supervisors and the County of San Diego to Barona Valley Ranch Resort and Casino and Papa John’s San Diego LLC.

ACTION: Noting for the record Recommendations 2 and 3 will be sole source contracts based on Board Policy A-87, Section 3A; Revising Recommendation No. 3 to read: “In accordance with Board Policy A-87, Competitive Procurement, approve and authorize the Purchasing and Contracting Director to enter into negotiations with Cox Communications, KNSD 7/39; KFMB 8; KGTV 10 and subject to negotiations and a determination of a fair and reasonable price, award contracts totaling $95,000 for the purchase of television air-time and to amend the contract as needed to reflect changes to services and funding subject to the approval of the Office of Emergency Services. Waive the advertising requirement of Board Policy A-87.”; ON MOTION of Supervisor Cox, seconded by Supervisor Roberts, the Board took action as recommended, on Consent.

AYES: Cox, Jacob, Slater-Price, Roberts, Horn 2. SUBJECT: HIV/AIDS REVENUE (DISTRICTS: ALL)

OVERVIEW: On December 19, 2006, the Ryan White HIV/AIDS Treatment Modernization Act of 2006 (RWTMA) was signed into law reauthorizing the former Ryan White CARE Act for three additional years. Annual RWTMA funding is used to provide care and treatment services to individuals and families with HIV disease and AIDS.

On February 26, 2009 (10), the Board of Supervisors authorized the RWTMA Part F Minority AIDS Initiative (MAI), Year 3 application for the timeframe of August 1, 2009 through July 31, 2010. On June 23, 2009 (8), the Board of Supervisors approved acceptance of the RWTMA MAI award of $604,573, the amount of funding previously identified by HRSA to be awarded to the County of San Diego. However, the actual RWTMA MAI Notice of Grant Award received

10/20/09 2 on August 10, 2009 was for $605,277, a $704 increase. Because of this increase, authority is now requested to accept the MAI grant award amount of $605,277.

Today’s action requests Board authorization to accept the Year 3 MAI grant award of $605,277 for the period of August 1, 2009 through July 31, 2010 and authorize the Clerk to the Board to sign any agreements and certifications.

FISCAL IMPACT: Funds for this request are included in the Operational Plan for Fiscal Year 2009-11. If approved, this request will result in costs and revenue of $605,277 in Fiscal Year 2009-10 and $605,277 in Fiscal Year 2010-11. The funding source is the federal RWTMA Part F (MAI). There will be no change in net General Fund cost and no additional staff years.

RECOMMENDATION: CHIEF ADMINISTRATIVE OFFICER 1. Waive Board Policy B-29, Fee, Grant, Revenue Contracts - Department Responsibility for Cost Recovery.

2. Accept $605,277 in federal RWTMA Part F Minority AIDS Initiative (MAI) revenue to provide HIV-related services to persons with HIV/AIDS for the period of August 1, 2009 through July 31, 2010.

3. Approve and authorize the Clerk of the Board of Supervisors to execute, upon receipt, any required agreements and certifications for MAI funding.

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 3. SUBJECT: MEDI-CAL ADMINISTRATIVE ACTIVITIES/TARGETED CASE MANAGEMENT HOST COUNTY AGREEMENT (DISTRICTS: ALL)

OVERVIEW: The Health and Human Services Agency participates in Medi-Cal Administrative Activities (MAA) and Targeted Case Management (TCM). These are revenue recovery programs that provide federal reimbursement for various Medi-Cal related activities performed by County programs, school districts and community- based providers. State statute authorizes counties to contract with one “Host County” to manage and administer an annual fee collection process for all counties that participate in MAA/TCM.

10/20/09 3 The Board of Supervisors last authorized the Host County Agreement on June 19, 2001(3). Today’s action requests updating that authority.

FISCAL IMPACT: Funds for this request are included in the FY 2009-2011 Operational Plan for the Health and Human Services Agency. If approved, this request will result in an estimated $110,000 costs and revenue in FY 2009-2010 and FY 2010-2011. The funding source is the federal Medicaid program administered through the State of California, Department of Health Care Services. Approval of this action will result in no increase in costs or revenues and no increase to staffing levels.

RECOMMENDATION: CHIEF ADMINISTRATIVE OFFICER Approve and authorize the Clerk of the Board, to execute, upon receipt, the Host County Agreement, as authorized by State law, in connection with administering the Medi-Cal Administrative Activities and Targeted Case Management claiming processes, with selected Host Counties as required, subject to the approval of the Director, Health and Human Services Agency; and to sign further amendments, renewals and subsequent agreements that do no materially impact the program or the funding level.

AYES: Cox, Jacob, Slater-Price, Roberts, Horn 4. SUBJECT: MENTAL HEALTH SERVICES ACT – INNOVATION COMPONENT PLANNING FUNDS, IMPLEMENTATION AND PROCUREMENT (DISTRICTS: ALL)

OVERVIEW: California’s Proposition 63, the Mental Health Services Act (MHSA), was approved by California voters in November 2004 and became effective January 1, 2005. The MHSA is administered by the California Department of Mental Health (DMH) and provides funding for expansion of mental health services in California. The MHSA consists of five program components designated by the State. The first program component, Community Services and Supports (CSS), was submitted to the State and implemented following Board approval on December 13, 2005 (1). The second MHSA component, Prevention and Early Intervention (PEI), was submitted to the State after Board approval on November 18, 2008 (9), and PEI programs are currently in the contract procurement process. The third MHSA component, Workforce Education and Training (WET), was submitted to the State after Board approval on May 5, 2009 (7), and planning for the implementation of the programs has begun.

10/20/09 4 Approval of today’s recommended actions will authorize acceptance of MHSA Innovation Community Planning Funds in the amount of $2.9 million for Fiscal Years 2008-2009 and 2009-2010 and authorize submission of the Innovation Plan to the State. If approved, today’s actions will also authorize procurements and contract amendments for Innovation programs and services.

FISCAL IMPACT: Funds for this request are included in the Fiscal Year 2009-2011 Health and Human Services Agency Operational Plan. If approved, this request will result in estimated current year cost and revenue of $4,500,000 and estimated subsequent year cost and revenue of $5,800,000. The funding source is the Mental Health Services Act. There will be no change in net General Fund cost and no additional staff years.

RECOMMENDATION: CHIEF ADMINISTRATIVE OFFICER 1. Approve the County of San Diego Mental Health Services Act Innovation Program and Expenditure Plan outlined in Attachment A and authorize the Director, Health and Human Services Agency, to submit the Plan to the California Department of Mental Health for approval.

2. Authorize the Director, Health and Human Services Agency, to amend the County of San Diego Mental Health Services Act Innovation Program and Expenditure Plan as required by the California Department of Mental Health (DMH) review and approval process and, following DMH approval, modify and maintain the approved Plan outcomes as needed.

3. Accept Mental Health Services Act Innovation funding of up to $2.9 million in Community Planning Funds for Fiscal Years 2008-2009 through 2009- 2010, up to $4.5 million in Program and Expenditure Plan funds for Fiscal Years 2008-2009 and 2009-2010 and up to $5.8 million for subsequent fiscal years.

4. Authorize the Clerk of the Board to execute, upon receipt, a Mental Health Services Act Agreement with the California Department of Mental Health for public mental health services funding in an approximate amount of $5.8 million for the Innovation Component for Fiscal Year 2008-2009 and subsequent years, and any future renewals, amendments, and extensions to the Agreement, subject to the approval of the Director, Health and Human Services Agency, provided terms, conditions, programs, and funding are not materially impacted or altered.

10/20/09 5 5. In accordance with Section 401 et seq. of the County Administrative Code, authorize the Director, Department of Purchasing and Contracting, to issue competitive solicitations for the programs and services listed in Attachment A, which are required to implement the County of San Diego Mental Health Services Act Innovation Program and Expenditure Plan, and upon successful negotiations and determination of a fair and reasonable price, award contracts for a period of one year, with up to two option years and an additional six months if needed, subject to the availability of funds; and to amend the contracts as required to reflect changes to services and funding allocations, subject to the approval of the Director, Health and Human Services Agency.

6. In accordance with Board Policy A-87, Competitive Procurement, authorize the Director, Department of Purchasing and Contracting, to enter into negotiations with contractors providing alcohol and drug treatment services (Mental Health Systems, Inc.; Community Resources and Self-Help, Inc.; and McAlister Institute for Treatment and Education) for any or all of the nine Regional Recovery Centers to amend their agreements with Health and Human Services Alcohol and Drug Services to include the Positive Parenting for Men in Recovery (INN-05) education program which is required to implement the County of San Diego Mental Health Services Act Innovation Program and Expenditure Plan and, subject to successful negotiations, determination of a fair and reasonable price, and subject to the availability of funds, amend the contracts as required to reflect changes to services and funding allocations, subject to the approval of the Director, Health and Human Services Agency.

AYES: Cox, Jacob, Slater-Price, Roberts, Horn 5. SUBJECT: FISCAL YEAR 2009-10 BUSINESS PLAN FOR THE A.B. AND JESSIE POLINSKY CHILDREN’S CENTER (DISTRICTS: ALL)

OVERVIEW: The A.B. and Jessie Polinsky Children’s Center is the County of San Diego’s emergency shelter care facility for abused, neglected and abandoned children. On February 4, 1992 (42), the Board approved an Operating Agreement between the Child Abuse Prevention Foundation, now known as Promises2Kids, and the County of San Diego to establish standards and set guidelines for the operations of the Polinsky Children's Center. The Fourth Amendment to the Operating Agreement was approved on March 25, 2008 (5). The Operating Agreement requires preparation of an annual Business Plan for approval by the Board of Supervisors. The Fiscal Year 2008-09 Business Plan was approved on December 9, 2008 (17).

10/20/09 6 Action is now requested to approve the Fiscal Year 2009-10 Business Plan.

FISCAL IMPACT: The Health and Human Services Agency’s FY 2009-11 Operational Plan includes $26.9 million for operating the A.B. and Jessie Polinsky Children’s Center. There will be no change in net general fund cost and no additional staff years as a result of the requested action.

RECOMMENDATION: CHIEF ADMINISTRATIVE OFFICER Approve the Business Plan for the A.B. and Jessie Polinsky Children's Center for Fiscal Year 2009-10.

AYES: Cox, Jacob, Slater-Price, Roberts, Horn 6. SUBJECT: ACCEPT GIFTS AND ESTABLISH APPROPRIATIONS OF GRANT FUNDS FOR THE SAN DIEGO COUNTY LIBRARY (DISTRICTS: ALL)

OVERVIEW: The County Library has received numerous gifts from individuals and groups that are interested in promoting library service to their communities. 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. A report of all individual gifts not exceeding $5,000 is required, as well as Board of Supervisors’ approval to accept individual gifts over $5,000. This action will ratify or accept gifts received by the County Library between the period of January 1, 2009 and June 30, 2009. A portion of the donations received qualified the Library Fund to receive matching funds from the General Fund under the Community Dollar-For-Dollar Donation Matching Program.

The funds for the Public Library Staff Education Program ($49,219) are not budgeted. Twelve County Library staff members were awarded a competitive Public Library Staff Education Program grant for post-graduate Library education.

The funds for the Out-of-School-Time Online Homework Help Program are not budgeted. The California State Library will use Library Services and Technology Act funds to support $45,000 (75%) of the cost of this year’s subscription cost to

10/20/09 7 the BrainFuse Homework Help service. San Diego County Library will fund the balance with a $15,000 (25%) match.

FISCAL IMPACT: Funds for the Public Library Staff Education Program ($49,219) and the Out-of- School-Time Online Homework Help Program ($60,000) are not included in the Fiscal Year 2009-10 Operational Plan. If approved this, request will result in current year cost and revenue of $109,219. The funding sources are the California State Library grants ($94,219) and fund balance available in the Library Fund ($15,000). There will be no change in net General Fund costs and no additional staff years.

The County Library received additional donations of $120,942 between January 1, 2009 and June 30, 2009. No additional appropriations are necessary because donations were anticipated in the development of the Library's budget. Of these donations, $69,645 qualified for matching funds from the General Fund. $350,000 is budgeted each fiscal year in the General Fund for the Community Dollar-For-Dollar Donation Matching Program. In Fiscal Year 2008-09, the general fund matched $266,351 for the Matching Fund Program. These funds are much appreciated and used for books, equipment, and Library programs in accordance with the wishes of the donors.

RECOMMENDATION: CHIEF ADMINISTRATIVE OFFICER 1. In accordance with Administrative Code Section 66 accept the County Library Report of Gifts for the period January 1, 2009 and June 30, 2009 and ratify the acceptance of gifts exceeding $5,000. 2. Authorize the Chairman of the Board of Supervisors to sign letters of appreciation for donations over $5,000.

3. Establish appropriations of $49,219 in the Library Fund for the Public Library Staff Education Program based on a grant from the California State Library. (4 VOTES)

4. Establish appropriations of $60,000 in the Library Fund for the Out-of- School-Time Online Homework Help Program based on a grant from the California State Library ($45,000) and fund balance available ($15,000). (4 VOTES)

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

10/20/09 8 7. SUBJECT: SAN PASQUAL ACADEMY – APPROVAL OF THIRD AMENDMENT TO LEASE WITH WITMAN RANCH, INC.; APPROVAL OF SIXTH AMENDMENT TO LEASE WITH NEW ALTERNATIVES, INC., TO PROVIDE SITES FOR FUTURE RECREATIONAL FACILITIES (DISTRICTS: ALL)

OVERVIEW: In 2004, the San Pasqual Academy Visionary Plan was created through a collaborative process between the County and its community partners to provide guidance for the future physical development of the Academy. The Visionary Plan includes facilities, the best placement options for the facilities, infrastructure requirements and management of costs of future development. The Visionary Plan included future development of recreational fields/facilities for football, softball and baseball, and track and field in the existing orchards at the northern portion of the campus. On February 7, 2007 (3), the Board approved the San Pasqual Academy Visionary Plan, a modification to the Major Use Permit, and adopted environmental findings to facilitate future development of recreational facilities.

Construction of sports facilities in accordance with the Visionary Plan requires amending two existing lease agreements. The first is a ground lease between the County and Witman Ranch, Inc., which is currently leasing land identified in the Plan for recreational facilities, for a citrus farming operation. Under the proposed lease amendment, the County would have an option to secure the release of up to 20 acres from the Witman leased premises, in phases, over the next 11 years. The cost of obtaining the releases would vary depending on the acreage acquired and the remaining lease term. The second is the lease between the County and New Alternatives, Inc. which would be amended to add the area acquired from Witman Ranch. Inc. to its leased premises. Additionally, New Alternatives, Inc. plans to enter into a sub-lease agreement with San Pasqual Academy Foundation to provide a funding mechanism for construction of the new sports facilities. Today, the Board is requested to authorize the Director of the Department of General Services to 1) approve a lease amendment with Witman Ranch, Inc.; 2) negotiate and execute a lease amendment with New Alternatives, Inc.; and 3) authorize consent to a future sublease(s) between New Alternatives, Inc. and San Pasqual Foundation Academy.

FISCAL IMPACT: Funds for this request are not included in the Fiscal Year 2009-2010 Operational Plan. If approved, requests include appropriations of $60,000 of Neighborhood Reinvestment Program funds to cover the cost of acquiring the initial site of approximately six acres. The cost for securing the release of property from the Witman Ranch lease will vary depending on the duration of remaining lease term and the size of the parcels acquired, as shown in the chart below, and related expenses. The value of the Witman leased land is tied to the remaining number of crop years at the time the County acquires the land.

10/20/09 9 Estimated Estimated Period Value/Tree Cost/Acre to Acquire(2) 7/1/09-6/1/10(1) $95 $8,530 7/1/10-6/1/11 $86 $7,740 7/1/11-6/1/12 $78 $7,020 7/1/12-6/1/13 $69 $6,210 7/1/13-6/1/14 $61 $5,490 7/1/14-6/1/15 $52 $4,680 7/1/15-6/1/16 $44 $3,960 7/1/16-6/1/17 $35 $3,150 7/1/17-6/1/18 $27 $2,430 7/1/18-6/1/19 $18 $1,620 7/1/19-6/1/20 $10 $ 900 7/1/20-12/1/20 $0 $ -0-

(1) Assumes fruit can be harvested prior to June 1st, otherwise value per tree is based on previous year (2) at estimated 90 trees per acre density

There will be no change in net General Fund costs and no additional staff years. Lease revenue to the County will be reduced by $533 per acre annually for any acreage taken out of citrus production.

RECOMMENDATION: CHIEF ADMINISTRATIVE OFFICER 1. Find that the Negative Declaration (ND) (1977) and Subsequent ND (2006) on file in the Department of Planning and Land Use have been completed in compliance with California Environmental Quality Act (CEQA) and the state CEQA Guidelines and that the Board has reviewed and considered the information contained therein before approving the project; and

Find that there are no changes in the project or in the circumstances under which it is undertaken which involve significant new environmental impacts which were not considered in the previously adopted ND and Subsequent ND, or a substantial increase in the severity of previously identified significant effects, and that no new information of substantial importance has become available since the ND and Subsequent ND were adopted. Therefore, in accordance with CEQA Guidelines sections 15162 through 15164, find that no additional environmental review is necessary for this action.

2. Transfer appropriations of $60,000 from District 4 Neighborhood Reinvestment Program to Contributions to COF Capital Projects, Operating

10/20/09 10 Transfer Out, to provide funds for Capital Project 1013116 – San Pasqual Academy Sports Field, for the cost of the lease buy-out to acquire a site of approximately six acres.

3. Establish appropriations of $60,000 in the Capital Outlay Fund for Capital Project 1013116 - San Pasqual Academy Sports Field, based on an operating transfer from General Fund. (4 VOTES)

4. Approve and authorize the Director, Department of General Services, to execute two originals of the Third Amendment to Lease with Witman Ranch, Inc., containing the option to release portions of the leased premises to provide sites for future sports facilities as designated in the San Pasqual Visionary Plan.

5. Authorize the Director, Department of General Services to exercise options to release portions of the Witman Ranch, Inc. leased premises, as appropriate, to provide sites for future sports facilities.

6. Authorize the Director of the Department of General Services to amend the lease with New Alternatives, Inc. (NAI) to increase the leased premises to include lands acquired from Witman Ranch, Inc. as sites for future sports facilities.

7. Authorize the Director of General Services to consent to future subleases of the sports facility site(s) between NAI and the San Pasqual Academy Foundation to provide a funding mechanism for construction of new facilities, as appropriate.

AYES: Cox, Jacob, Slater-Price, Roberts, Horn 8. SUBJECT: FIRST AMENDMENT TO LEASE AGREEMENT FOR COUNTY PROBATION DEPARTMENT’S ADMINISTRATIVE SERVICES DIVISION, 9444 BALBOA AVENUE, SUITE 500, KEARNY MESA (DISTRICT: 4)

OVERVIEW: On August 10, 1999 (18), the Board approved a five-year lease with one five-year option to extend the term for 24,238 square feet of office space located at 9444 Balboa Avenue, Suite 500, in Kearny Mesa for the County Probation Department’s Administrative Services Division. The current lease expires on December 31, 2009.

Today’s request is for the Board to approve a First Amendment to Lease with Arden Realty Limited Partnership, the lessor. The amendment extends the lease

10/20/09 11 term for five years, reduces the monthly rental rate, adds two five-year options to extend through December 31, 2024, and provides for $188,528 of refurbishments to the premises, at the lessor’s expense.

FISCAL IMPACT: Funds for this request are included in the Fiscal Year 2009-10 Operational Plan in the Probation Department. If approved, this request will result in a current year cost of $668,789, a subsequent year cost of $665,512. Cost savings in the current Fiscal Year will be $14,700 and approximately $31,000 in subsequent year cost. No additional staff years will be required. The funding source is the General Fund.

RECOMMENDATION: CHIEF ADMINISTRATIVE OFFICER 1. Find in accordance with Section 15301 of the California Environmental Quality Act (CEQA) Guidelines that the First Amendment to the Lease Agreement is categorically exempt from the provisions of CEQA as it involves the continuation of an existing use.

2. Approve and authorize the Director of the Department of General Services to execute three copies of the First Amendment to Lease with Arden Realty Limited Partnership for 25,234 square feet at 9444 Balboa Avenue, Kearny Mesa, San Diego.

3. Authorize the Director, Department of General Services, to negotiate the fair market rental rate and exercise the options to extend the lease, if appropriate, and to amend the Lease as necessary to implement the extension terms, including executing minor amendments to meet the operational needs of the County Probation Department.

AYES: Cox, Jacob, Slater-Price, Roberts, Horn 9. SUBJECT: PROJECT GREEN: PROTECTING OUR NATURAL AND FISCAL RESOURCES (DISTRICTS: ALL)

OVERVIEW: The County of San Diego takes seriously its leadership role in protecting the region’s environmental resources. We are equally committed to the responsible stewardship of public assets and ever mindful of our fiscal responsibility to our

10/20/09 12 constituents. From recycling, to energy and water savings, to the most efficient use of information technology, the County works to ensure environmentally responsible action, while maximizing taxpayer dollars.

We incorporate best green practices in County programs and focus on the triple bottom line - economic, environmental and social impacts - in decision making. Most importantly, we lead by example, incorporating these practices in County planning, building design, policies, and operations.

Today, the Board is requested to receive a presentation highlighting many of the County’s green activities and programs that benefit the region.

FISCAL IMPACT: There is no fiscal impact associated with this action.

RECOMMENDATION: CHIEF ADMINISTRATIVE OFFICER Receive a presentation highlighting many of the County’s green activities.

ACTION: Received presentation. 10. SUBJECT: RESOLUTION IN SUPPORT OF LEGISLATION TO EXTEND ROTH OPTION TO STATE AND LOCAL 457 PLANS (DISTRICTS: ALL)

OVERVIEW: October 18 through October 24, 2009 is National Save for Retirement Week. Both the United States Senate and House of Representatives have passed resolutions supporting the goals of National Save for Retirement Week and efforts to raise awareness of the importance of saving adequately for retirement. Yet, as San Diego County employees map out their individual long-term retirement plans, they have one less resource at their disposal than employees in the private or federal sectors. Over the past eight years, Congress has taken steps to give private and federal employees who participate in deferred compensation plans the option to have their contributions taxed now in exchange for tax free distributions at retirement. These Roth contributions may be beneficial to employees for a number of reasons. However, Congress has yet to extend these benefits to employees of State or local governments.

This board letter presents a resolution in support of a legislative effort to ensure State and local government 457(b) deferred compensation plan participants have similar savings choices to individuals who participate in private or federal plans.

FISCAL IMPACT:

10/20/09 13 This item will not have a fiscal impact on the County.

RECOMMENDATION: SUPERVISOR COX / TREASURER-TAX COLLECTOR: 1. Approve the attached Resolution in support of a legislative effort to allow 457(b) plan participants to treat elective deferrals as Roth contributions.

2. Authorize the Treasurer-Tax Collector to prepare a cover letter to be signed by the Chairwoman to forward the Resolution to the San Diego County Congressional delegation, the California State Association of Counties, the League of California Cities, the National Association of Government Defined Contribution Administrators, and the National Association of Counties

3. Direct the Chief Administrative Officer to include advocacy for this issue in the County of San Diego’s Legislative Program.

ACTION: ON MOTION of Supervisor Cox, seconded by Supervisor Roberts, the Board took action as recommended, on Consent, adopting Resolution No. 09-200, entitled: RESOLUTION IN SUPPORT OF LEGISLATION TO EXTEND ROTH OPTION TO STATE AND LOCAL 457 PLANS.

AYES: Cox, Jacob, Slater-Price, Roberts, Horn 11. SUBJECT: AGREEMENT WITH SAN DIEGO GAS & ELECTRIC FOR AERIAL FIREFIGHTING EQUIPMENT (DISTRICTS: ALL)

OVERVIEW: Year after year, San Diego County is threatened by wildfires. Our dry climate mixed with the lack of moisture and Santa Ana winds is a recipe for disaster. Within the last decade, San Diego County has been the victim of multiple devastating wildfires.

Last year, at the recommendation of Supervisor Horn and me, the County of San Diego had approximately $3.2 million available in one time dollars for fire prevention and protection. This allowed the County to lease two Bombardier CL- 415 SuperscooperTM fixed-wing amphibious aircraft for a three-month period using this one time funding source. During that three month period, these

10/20/09 14 extraordinary planes were put to the test, fighting fires all around our region. As fires know no boundaries, neither did these aircraft. They made drops on fires on Camp Pendleton, in the city of San Diego and elsewhere.

At the conclusion of this program, the County had approximately $250,000 left over. On May 12, 2009, at the recommendation of Supervisors Jacob and Horn, our Board unanimously approved the use of these funds to implement the Unified Disaster Council’s plan for a supplemental Aerial Fire Protection Program. This program is geared to provide a “tool box” approach by identifying specific aerial firefighting resources that can be utilized on a “call when needed” basis, either prior to a forecasted major wind event or immediately after a wildfire has started.

Recently, San Diego Gas & Electric (SDG&E) has acquired an S-64E Helitanker to perform heavy-duty work. Being that these helicopters are also very effective in fighting fires, SDG&E has offered to not only allow us to utilize them during fires, but also cover up to two hours of flight time per fire incident. Today’s action will permit the County of San Diego to enter into an agreement with San Diego Gas & Electric which will allow us to utilize its S-64E Helitanker during fires beyond the first two hours of service. Through this agreement, the County will fund up to 20 hours of flight time for fires. The County will make this helicopter, known as the “Incredible Hulk,” available to all local agencies, cities and fire districts, at no additional cost should the fire event last longer than two hours. Where possible, the County will seek reimbursement from the State of California or the Federal Government for those expenditures.

FISCAL IMPACT: No additional appropriations are necessary as a result of this action. Funds for this request are included in the adopted Fiscal Year 2009-2010 Operational Plan under the County’s Aerial Fire Protection Program. If approved, it is estimated that this request could result in a maximum of $150,000 in current year costs, depending on flight time and reimbursements from the State of California or the Federal Government.

10/20/09 15 RECOMMENDATION: SUPERVISOR ROBERTS 1. Waive Board Policy A-87 and authorize the Director, Purchasing and Contracting to enter into negotiations with San Diego Gas and Electric to utilize its S-64E Helitanker for a maximum of 20 hours of flight time, and upon successful negotiations and determination of fair and reasonable terms, award a contract.

2. Direct the Chief Administrative Officer to integrate the San Diego Gas & Electric S-64E Helitanker into the County’s Aerial Fire Protection Program and take any additional actions necessary to award this contract.

AYES: Cox, Jacob, Slater-Price, Roberts, Horn 12. SUBJECT: PROVIDING MIDDLE SCHOOL YOUTH ENRICHMENT ACTIVITIES (DISTRICT: 4)

OVERVIEW: A funding source has been identified that was previously designated for a youth recreational project in the Fourth Supervisorial District. Due to unforeseen obstacles it can no longer be completed. Keeping with the intent of the former project to serve youth in my district, I am proposing to use these funds to procure after school program services for the remainder of fiscal year 2009-10, until other state and federal grants can be sought.

Funds will support both operational costs of after school program providers as well as administrative costs associated with managing and providing technical support to contractors. I am requesting that these funds be used for services in the low socio-economic communities of Sherman Heights, Encanto, North Park, Oak Park, Linda Vista and City Heights, which previously had Critical Hours After School Programs funded by the County Health and Human Services Agency (Agency).

FISCAL IMPACT: If approved, this request would provide funding of $241,981 for after school programs for one year period and up to an additional six months if needed. The funding source is the general fund. No increase in staff years is required.

RECOMMENDATION: SUPERVISOR ROBERTS

10/20/09 16 1. Authorize the Director, Department of Purchasing and Contracting, to enter into negotiations with The Children’s Initiative for a sole source contract, and subject to determination of fair and reasonable pricing and terms, award a contract in an amount not to exceed $241,981 to oversee and administer a after school program services in District Four, through June 30, 2010, and up to an additional six months if needed, subject to availability of funds; and authorize the Director, Purchasing and Contracting to amend the agreement as necessary. Waive Board Policy A-87, Competitive Procurement.

2. Cancel appropriations and related Operating Transfer from the General Fund of $241,981 in the Capital Outlay Fund for Capital Project 1000019, Heritage Park Carousel, due to the cancellation of the project.

3. Transfer appropriations of $241,981 from the Contributions to Capital Outlay Fund, Operating Transfer Out, to the Heath and Human Services Agency, Juvenile Diversion Program, services and supplies, to provide funding for the contract with the Children’s Initiative for the after school program services.

AYES: Cox, Jacob, Slater-Price, Roberts, Horn 13. SUBJECT: NEIGHBORHOOD REINVESTMENT GRANT PROGRAM (DISTRICT: 3)

OVERVIEW: Funding for the Neighborhood Reinvestment Grant Program was included in the fiscal year 2009-2010 adopted budget in order to further public purposes throughout the County.

FISCAL IMPACT: The current year total combined cost of these projects is $76,000. The funding source is the Neighborhood Reinvestment Grant Budget (Org 15660). This will result in the addition of no staff years and no future year costs.

RECOMMENDATION: VICE CHAIRWOMAN SLATER-PRICE 1. Allocate $5,000 from the Neighborhood Reinvestment Grant Budget (Org 15660) to the San Diego Futures Foundation to assist with costs for equipment rentals, education materials, website maintenance, and supplies for their 2010 youth recognition events and for the eLearn2Earn education program.

10/20/09 17 2. Allocate $3,500 from the Neighborhood Reinvestment Grant Budget (Org 15660) to the Hutchins Consort to assist with costs for artist fees and audio equipment fees for a series of nine free family concerts at the Encinitas Library between November 2009 and June 2010.

3. Allocate $7,500 from the Neighborhood Reinvestment Grant Budget (Org 15660) to the California Coastal Coalition to assist with costs for audio and visual equipment rentals, venue rental, marketing, and professional services for the Headwaters to Ocean Conference on October 27-29, 2009 in Long Beach, CA.

4. Allocate $5,000 from the Neighborhood Reinvestment Grant Budget (Org 15660) to the Escondido Rotary Foundation to assist with costs for venue rental and supplies for the 7th Annual Coeur de Cuisine event on February 28, 2010 in Escondido, CA. 5. Allocate $5,000 from the Neighborhood Reinvestment Grant Budget (Org 15660) to the San Diego Coastkeeper to assist with costs for venue rental, marketing, supplies, and professional services for the 14th Annual Ocean Gala on October 24, 2009 in San Diego, CA.

6. Allocate $50,000 from the Neighborhood Reinvestment Grant Budget (Org 15660) to the San Diego Opera to assist with costs for independent contractors, venue rentals, marketing, and professional services for the production of Romeo and Juliet, which will run in March 2010 at the San Diego Civic Theatre.

7. Authorize the Chief Financial Officer to take all actions necessary to execute grant agreements with these organizations, establishing terms for receipt of the funds described above, and to make minor amendments to the agreements that are consistent with the general purpose of the grant but do not increase the grant.

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

AYES: Cox, Jacob, Slater-Price, Roberts, Horn 14. SUBJECT: NEIGHBORHOOD REINVESTMENT PROGRAM POLICY (DISTRICTS: ALL)

OVERVIEW: On September 15, 2009 (6) Chairwoman Jacob and Vice Chairwoman Slater-Price proposed the adoption of guidelines for the Neighborhood Reinvestment Program (formerly known as the Community Projects Program). The Board approved those guidelines and directed the Chief Administrative

10/20/09 18 Officer to prepare a Board Policy containing the recommendations in the Neighborhood Reinvestment Program Guidelines board letter.

The Neighborhood Reinvestment Program provides grant funds to County departments, public agencies, and to non-profit community organizations for one- time community, social, environmental, educational, cultural or recreational needs.

This letter recommends the adoption of a policy that establishes the Neighborhood Reinvestment Program’s funding cycle as well as uniform eligibility requirements, and a standard application process. In addition, it defines grantee and staff responsibilities under the Program.

FISCAL IMPACT: All appropriations available for the Neighborhood Reinvestment Program are included annually in the Operational Plan. Resources available may vary and may range up to $10.0 million. The Fiscal Year 2009-11 Operational Plan includes $10.0 million for each of the two fiscal years for this program.

RECOMMENDATION: CHIEF ADMINISTRATIVE OFFICER Adopt the Board of Supervisors Policy titled “Neighborhood Reinvestment Program.”

ACTION: ON MOTION of Supervisor Cox, seconded by Supervisor Roberts, the Board took action as recommended, on Consent, adopting Board Policy No. B-72, entitled: NEIGHBORHOOD REINVESTMENT PROGRAM.

AYES: Cox, Jacob, Slater-Price, Roberts, Horn 15. SUBJECT: PROPOSITION 1A SECURITIZATION PROGRAM (DISTRICTS: ALL)

OVERVIEW: The emergency suspension of Proposition 1A was passed by the State of California Legislature and signed by the Governor as ABX4 14 and ABX4 15 as part of the State’s Fiscal Year 2009-10 budget package on July 28, 2009. With this suspension, the State will borrow 8% of the amount of property tax revenue apportioned to the County of San Diego and special districts within the County (“Proposition 1A Receivable” or “Receivable”). The State will be required to repay this obligation plus interest, at a rate of 2%, by June 30, 2013.

Authorized under ABX4 14 and ABX4 15, the Proposition 1A Securitization Program (“Securitization Program”) was instituted by the California Statewide

10/20/09 19 Communities Development Authority (“CSCDA” or “California Communities”), a joint powers authority sponsored by the California State Association of Counties and the League of California Cities, to enable local agencies to sell their respective Proposition 1A Receivables, the 8% of tax revenues to be borrowed by the State, to California Communities. California Communities will pledge the County's Proposition 1A Receivable to secure the repayment of a corresponding amount of the Proposition 1A Bonds.

The legislature is currently reviewing a clean-up bill SB 67, which would provide for a few critical changes to the enacted legislation, including but not limited to providing for: (1) details of a Securitization Program including scheduling, structure of the financing, tax-exempt status, and issuer; (2) Auditor and Controller certification of the amount of the Proposition 1A Receivable; (3) sales of the Receivable among local agencies; and (4) revision to the hardship mechanism. While SB 67 has not yet been passed and signed into law, this action is anticipated in mid-October.

Today’s recommendations will authorize the County of San Diego and certain County special districts that receive property tax (“Participants”) to participate in the proposed statewide California Statewide Communities Development Authority (“CSCDA” or “California Communities”) Proposition 1A Securitization Program (“Securitization Program”). The County Library and permanent road divisions (PRDs) that receive property taxes would be components of the County’s agreement. If for any reason SB 67 is not enacted and the bonds cannot be sold by December 31, 2009, all approved documents will be of no force and effect and will be destroyed.

FISCAL IMPACT: With the emergency suspension of Proposition 1A, up to $74 million of property tax revenues anticipated for the County General Fund, County Library Fund, and funds of County special districts (including but not limited to County Service Areas, Permanent Road Divisions, and the San Diego County Flood Control District) for Fiscal Year 2009-10 would be borrowed with a repayment date of not later than June 30, 2013 at an interest rate of 2%.

If the County and its attendant special districts participate in the Securitization Program, the receivable associated with the loan to the State will be sold to California Communities, and there would be no fiscal impact to the County. The amount that would have been borrowed by the State will be disbursed on the same dates that property taxes will be sent to the State (January 15, 2010 and May 3, 2010). Costs of the Securitization Program will be paid by the State, and the County will have no obligation with respect to the payment of the bonds, nor any reporting, disclosure, or any other compliance obligations associated with the bonds. The disbursements may be spent for any lawful purpose and are not restricted by program.

10/20/09 20 The County’s sale of its Proposition 1A Receivable will be irrevocable; through the Securitization Program, the State would pay the 2% interest on the Proposition 1A Receivable to bondholders. Bondholders will have no recourse to the County if the State does not make the Proposition 1A repayment.

RECOMMENDATION: CHIEF ADMINISTRATIVE OFFICER As the County of San Diego Board of Supervisors: Approve resolutions entitled

A RESOLUTION APPROVING THE FORM OF AND AUTHORIZING THE EXECUTION AND DELIVERY OF A PURCHASE AND SALE AGREEMENT AND RELATED DOCUMENTS WITH RESPECT TO THE SALE OF THE SELLER’S PROPOSITION 1A RECEIVABLE FROM THE STATE; AND DIRECTING AND AUTHORIZING CERTAIN OTHER ACTIONS IN CONNECTION THEREWITH

For the County of San Diego, the San Diego County Library, and certain County Special Districts that receive property tax.

(Relates to Flood Control District, Agenda No. 1)

ACTION: ON MOTION of Supervisor Cox, seconded by Supervisor Roberts, the Board took action as recommended, on Consent, adopting Resolution No. 09- 201, entitled: BOARD OF SUPERVISORS OF THE COUNTY OF SAN DIEGO - A RESOLUTION APPROVING THE FORM OF AND AUTHORIZING THE EXECUTION AND DELIVERY OF A PURCHASE AND SALE AGREEMENT AND RELATED DOCUMENTS WITH RESPECT TO THE SALE OF THE SELLER’S PROPOSITION 1A RECEIVABLE FROM THE STATE; AND DIRECTING AND AUTHORIZING CERTAIN OTHER ACTIONS IN CONNECTION THEREWITH; adopting Resolution No. 09-202, entitled: BOARD OF SUPERVISORS OF THE CSA 17 SAN DIEGUITO - A RESOLUTION APPROVING THE FORM OF AND AUTHORIZING THE EXECUTION AND DELIVERY OF A PURCHASE AND SALE AGREEMENT AND RELATED DOCUMENTS WITH RESPECT TO THE SALE OF THE SELLER’S PROPOSITION 1A RECEIVABLE FROM THE STATE; AND DIRECTING AND AUTHORIZING CERTAIN OTHER ACTIONS IN CONNECTION THEREWITH; adopting Resolution No. 09-203, entitled: BOARD OF SUPERVISORS OF THE CSA 69 HEARTLAND PARAMEDICS - A RESOLUTION APPROVING THE FORM OF AND AUTHORIZING THE EXECUTION AND DELIVERY OF A PURCHASE AND SALE AGREEMENT AND RELATED DOCUMENTS WITH RESPECT TO THE SALE OF THE SELLER’S PROPOSITION 1A RECEIVABLE FROM

10/20/09 21 THE STATE; AND DIRECTING AND AUTHORIZING CERTAIN OTHER ACTIONS IN CONNECTION THEREWITH; adopting Resolution No. 09-204, entitled: BOARD OF SUPERVISORS OF THE CSA NO. 107 ELFIN FOREST - A RESOLUTION APPROVING THE FORM OF AND AUTHORIZING THE EXECUTION AND DELIVERY OF A PURCHASE AND SALE AGREEMENT AND RELATED DOCUMENTS WITH RESPECT TO THE SALE OF THE SELLER’S PROPOSITION 1A RECEIVABLE FROM THE STATE; AND DIRECTING AND AUTHORIZING CERTAIN OTHER ACTIONS IN CONNECTION THEREWITH; adopting Resolution No. 09-205, entitled: BOARD OF SUPERVISORS OF THE CSA NO. 109 MT. LANGUNA - A RESOLUTION APPROVING THE FORM OF AND AUTHORIZING THE EXECUTION AND DELIVERY OF A PURCHASE AND SALE AGREEMENT AND RELATED DOCUMENTS WITH RESPECT TO THE SALE OF THE SELLER’S PROPOSITION 1A RECEIVABLE FROM THE STATE; AND DIRECTING AND AUTHORIZING CERTAIN OTHER ACTIONS IN CONNECTION THEREWITH; adopting Resolution No. 09-206, entitled: BOARD OF SUPERVISORS OF THE CSA NO. 110 PALOMAR MOUNTAIN - A RESOLUTION APPROVING THE FORM OF AND AUTHORIZING THE EXECUTION AND DELIVERY OF A PURCHASE AND SALE AGREEMENT AND RELATED DOCUMENTS WITH RESPECT TO THE SALE OF THE SELLER’S PROPOSITION 1A RECEIVABLE FROM THE STATE; AND DIRECTING AND AUTHORIZING CERTAIN OTHER ACTIONS IN CONNECTION THEREWITH; adopting Resolution No. 09-207, entitled: BOARD OF SUPERVISORS OF THE CSA NO. 111 BOULEVARD - A RESOLUTION APPROVING THE FORM OF AND AUTHORIZING THE EXECUTION AND DELIVERY OF A PURCHASE AND SALE AGREEMENT AND RELATED DOCUMENTS WITH RESPECT TO THE SALE OF THE SELLER’S PROPOSITION 1A RECEIVABLE FROM THE STATE; AND DIRECTING AND AUTHORIZING CERTAIN OTHER ACTIONS IN CONNECTION THEREWITH; adopting Resolution No. 09-208, entitled: BOARD OF SUPERVISORS OF THE CSA NO. 112 CAMPO - A RESOLUTION APPROVING THE FORM OF AND AUTHORIZING THE EXECUTION AND DELIVERY OF A PURCHASE AND SALE AGREEMENT AND RELATED DOCUMENTS WITH RESPECT TO THE SALE OF THE SELLER’S PROPOSITION 1A RECEIVABLE FROM THE STATE; AND DIRECTING AND AUTHORIZING CERTAIN OTHER ACTIONS IN CONNECTION THEREWITH; adopting Resolution No. 09-209, entitled: BOARD OF SUPERVISORS OF THE CSA NO. 113 SAN PASQUAL - A RESOLUTION APPROVING THE FORM OF AND AUTHORIZING THE EXECUTION AND DELIVERY OF A PURCHASE AND SALE AGREEMENT AND RELATED DOCUMENTS WITH RESPECT TO THE SALE OF THE SELLER’S PROPOSITION 1A RECEIVABLE FROM THE STATE; AND DIRECTING AND AUTHORIZING CERTAIN OTHER ACTIONS IN CONNECTION THEREWITH; adopting Resolution No. 09-210, entitled: BOARD OF SUPERVISORS OF THECSA NO. 115 PEPPER DRIVE - A RESOLUTION APPROVING THE FORM OF AND

10/20/09 22 AUTHORIZING THE EXECUTION AND DELIVERY OF A PURCHASE AND SALE AGREEMENT AND RELATED DOCUMENTS WITH RESPECT TO THE SALE OF THE SELLER’S PROPOSITION 1A RECEIVABLE FROM THE STATE; AND DIRECTING AND AUTHORIZING CERTAIN OTHER ACTIONS IN CONNECTION THEREWITH; adopting Resolution No. 09-211, entitled: BOARD OF SUPERVISORS OF THE CSA 128 SAN MIGUEL PARK DISTRICT - A RESOLUTION APPROVING THE FORM OF AND AUTHORIZING THE EXECUTION AND DELIVERY OF A PURCHASE AND SALE AGREEMENT AND RELATED DOCUMENTS WITH RESPECT TO THE SALE OF THE SELLER’S PROPOSITION 1A RECEIVABLE FROM THE STATE; AND DIRECTING AND AUTHORIZING CERTAIN OTHER ACTIONS IN CONNECTION THEREWITH; adopting Resolution No. 09-212, entitled: BOARD OF SUPERVISORS OF THE CSA NO. 81 FALLBROOK LOCAL PARKS - A RESOLUTION APPROVING THE FORM OF AND AUTHORIZING THE EXECUTION AND DELIVERY OF A PURCHASE AND SALE AGREEMENT AND RELATED DOCUMENTS WITH RESPECT TO THE SALE OF THE SELLER’S PROPOSITION 1A RECEIVABLE FROM THE STATE; AND DIRECTING AND AUTHORIZING CERTAIN OTHER ACTIONS IN CONNECTION THEREWITH; adopting Resolution No. 09-213, entitled: BOARD OF SUPERVISOS OF THE CSA NO. 83 SAN DIEGUITO LOCAL PARKS - A RESOLUTION APPROVING THE FORM OF AND AUTHORIZING THE EXECUTION AND DELIVERY OF A PURCHASE AND SALE AGREEMENT AND RELATED DOCUMENTS WITH RESPECT TO THE SALE OF THE SELLER’S PROPOSITION 1A RECEIVABLE FROM THE STATE; AND DIRECTING AND AUTHORIZING CERTAIN OTHER ACTIONS IN CONNECTION THEREWITH; and adopting Resolution No. 09-214, entitled: BOARD OF SUPERVISORS OF THE SAN DIEGO COUNTY STREET LIGHTING DISTRICT - A RESOLUTION APPROVING THE FORM OF AND AUTHORIZING THE EXECUTION AND DELIVERY OF A PURCHASE AND SALE AGREEMENT AND RELATED DOCUMENTS WITH RESPECT TO THE SALE OF THE SELLER’S PROPOSITION 1A RECEIVABLE FROM THE STATE; AND DIRECTING AND AUTHORIZING CERTAIN OTHER ACTIONS IN CONNECTION THEREWITH.

AYES: Cox, Jacob, Slater-Price, Roberts, Horn 16. SUBJECT: ADMINISTRATIVE ITEM: SECOND CONSIDERATION AND ADOPTION OF ORDINANCE: AMENDMENTS TO THE COMPENSATION ORDINANCE (DISTRICTS: ALL)

OVERVIEW: The proposed amendments to the San Diego County Compensation Ordinance pertain to employee leave during a Pandemic and/or Public Emergency. These amendments include: Pandemic Advanced Credit Leave, and an order not to report to normal work location and authorization of compensation.

10/20/09 23 FISCAL IMPACT: There is no fiscal impact as a result of adopting these proposed amendments to the compensation ordinance. The proposed amendments establish employee compensation rules that would be followed in the event of a public emergency.

RECOMMENDATION: CHIEF ADMINISTRATIVE OFFICER Adopt Ordinance entitled:

AN ORDINANCE AMENDING THE COMPENSATION ORDINANCE.

ACTION: ON MOTION of Supervisor Cox, seconded by Supervisor Roberts, the Board of Supervisors took action as recommended, on Consent, adopting Ordinance No. 10016 (N.S.), entitled: AN ORDINANCE AMENDING THE COMPENSATION ORDINANCE.

AYES: Cox, Jacob, Slater-Price, Roberts, Horn 17. SUBJECT: COMMUNICATIONS RECEIVED (DISTRICTS: ALL)

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

FISCAL IMPACT: N/A

RECOMMENDATION: CHIEF ADMINISTRATIVE OFFICER Note and File.

10/20/09 24 18. SUBJECT: RESOLUTION RECOGNIZING THE 20TH ANNIVERSARY OF THE FALL OF THE BERLIN WALL

OVERVIEW: On November 9, 1989, the Berlin border separating West and East Germany opened when tens of thousands of East German citizens flooded the checkpoints in the Wall demanding entry into West Berlin. Surprised and overwhelmed border guards, unable to find East German authorities who would authorize lethal force, yielded to the crush of people and allowed them through. The 96-mile Berlin Wall with 13-foot high walls, barbed wire, and 302 watch towers, built in 1961 no longer stood as a barrier to freedom. In the days and weeks that followed, people came to the wall with sledgehammers and systematically demolished lengthy parts of the structure. The fall of the Berlin Wall was more than symbolic. It signaled the eventual break-up of the Soviet Union and the end of the Cold War. The entire world remembers 192 people who were killed at the wall and owes much to the actions of courageous leaders that led to the events of November 9, 1989. To commemorate the 20th anniversary of the Fall of the Berlin Wall, The Ronald Reagan Presidential Foundation and Library and The Heritage Foundation will mark the momentous anniversary with a one-day conference on November 6, 2009 at The Ronald Reagan Presidential Library in California.

FISCAL IMPACT: N/A

RECOMMENDATION: SUPERVISOR HORN Adopt a resolution recognizing the 20th Anniversary of the Fall of the Berlin Wall. Send the resolution to the Ronald Reagan Presidential Foundation and Library and the Heritage Foundation at 40 Presidential Drive, Simi Valley, CA 93065.

ACTION: ON MOTION of Supervisor Cox, seconded by Supervisor Roberts, the Board took action as recommended, on Consent, adopting Resolution No. 09-215, entitled: RESOLUTION SAN DIEGO COUNTY BOARD OF SUPERVISORS RECOGNIZING THE 20TH ANNIVERSARY OF THE FALL OF THE BERLIN WALL.

10/20/09 25 19. SUBJECT: AMENDMENTS TO NEIGHBORHOOD REINVESTMENT PROGRAM AND COMMUNITY ENHANCEMENT GRANTS (DISTRICT: 2)

OVERVIEW: Today’s action will amend grants to organizations in East County.

FISCAL IMPACT: No fiscal impact.

RECOMMENDATION: CHAIRWOMAN JACOB: 1. Clarify that the recipient of the allocation of $30,000 on June 16, 2009 (28), to Poway High School for the renovation of the indoor training room which will include shock absorbent flooring and mirrors, should instead be to the Friends of Poway High Foundation.

2. Amend the purpose of the June 24, 2008, Community Enhancement allocation of $6,000 to the Alpine Historical and Conservation Society to increase the amount of the allocation for the paint/stain of the exterior of the Nichols and Beaty Houses from $3,000 to $4,800 and include the cost of building an ADA ramp and re-enforcing the foundation of the veranda, and decrease the amount of the allocation to landscaping from $3,000 to $1,200. Authorize the Chief Financial Officer to amend the grant agreement accordingly.

3. Amend the purpose of the June 24, 2008, Community Enhancement allocation of $8,000 to the Spring Valley Historical Society to increase the amount of the allocation for operating expenses from $2,800 to $3,900; to increase the amount of the allocation for the ADA pathway construction from $1,800 to $3,150; to decrease the amount of the allocation for trimming of palms and pepper trees from $3,000 to $950; and to rescind the allocation of $400 to marketing expenses. Authorize the Chief Financial Officer to amend the grant agreement accordingly.

4. Amend the purpose of the June 24, 2008, Community Enhancement allocation of $20,000 to the Julian Historical Society to decrease the amount of the allocation from $5,000 to $750 for the continued restoration of 1924 Cadillac Stage; to increase the amount of the allocation for the purchase of archival preservation materials from $5,000 to $5,500; and to increase the amount of the allocation for the vehicle transport trailer from $10,000 to $13,750. Authorize the Chief Financial Officer to amend the grant agreement accordingly.

10/20/09 26 5. Amend the purpose of the June 24, 2008, Community Enhancement allocation of $90,000 to the Julian Chamber of Commerce to decrease the amount of the allocation from $65,000 to $20,000 for marketing activity; to increase the amount of the allocation for sponsorship of tourist and historic events from $20,000 to $25,000; to increase the amount of the allocation for historic buildings and town site maintenance from $5,000 to $45,000 and include operating expenses. Authorize the Chief Financial Officer to amend the grant agreement accordingly.

6. Amend the purpose of the June 24, 2008, Community Enhancement allocation of $20,000 to the Ramona Pioneer Historical Society to decrease the amount of the allocation from $17,000 to $14,000 for the museum secretary and to increase the amount of the allocation for office/operations activity from $3,000 to $6,000. Authorize the Chief Financial Officer to amend the grant agreement accordingly.

7. Amend the purpose of the June 24, 2008, Community Enhancement allocation of $1,000 to the Santee Historical Society to include operating expenses. Authorize the Chief Financial Officer to amend the grant agreement accordingly.

8. Amend the purpose of the June 23, 2009, Community Enhancement allocation of $65,000 to the Julian Chamber of Commerce for marketing and promoting visitor tourism to include operating expenses. Authorize the Chief Financial Officer to amend the grant agreement accordingly.

9. Amend the purpose of the June 23, 2009, Community Enhancement allocation of $5,000 to CHIRP for Garden Wildlife, Inc. to increase the amount of the allocation for the 13th Annual Alpine Sage and Songbirds Festival from $3,500 to $5,000 and rescind the allocation of $1,500 for ongoing maintenance of the Alpine Post Office. Authorize the Chief Financial Officer to amend the grant agreement accordingly.

10. Amend the purpose of the June 23, 2009, Community Enhancement allocation of $10,500 to the Pacific Southwest Railway Museum Association to decrease the amount of the allocation from $3,000 to $750 to concrete a portion of the existing shop floors and to increase the amount of the allocation for reroofing the historic Campo Depot from $7,500 to $9,750. Authorize the Chief Financial Officer to amend the grant agreement accordingly.

10/20/09 27 20. SUBJECT: ADMINISTRATIVE ITEM: APPOINTMENTS

OVERVIEW: This appointment is in accordance with applicable Board Policy A–74, “Citizen Participation in County Boards, Commissions and Committees.”

FISCAL IMPACT: N/A

RECOMMENDATION: SUPERVISOR ROBERTS Appoint John Gilbert Weaver to the Veterans Advisory Council, for a term to expire January 3, 2011.

AYES: Cox, Jacob, Slater-Price, Roberts, Horn 21. SUBJECT: CLOSED SESSION

OVERVIEW: A. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Subdivision (a) of Government Code section 54956.9) County of San Diego v. Nobu Kato, et al.; San Diego County Superior Court No. 37-2009-00051468-CU-EI-NC

B. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Subdivision (a) of Government Code section 54956.9) County of San Diego v. Nissho of California, et al.; San Diego County Superior Court No. 37-2009-00051467-CU-EI-NC

C. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Subdivision (a) of Government Code section 54956.9) County of San Diego v. San Diego Gas & Electric, et al.; San Diego County Superior Court No. 37-2009-00051464-CU-EI-NC

D. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Subdivision (a) of Government Code section 54956.9) County of San Diego v. American Motorists Insurance Company, et al.; San Diego County Superior Court No. GIE 034017 E. PUBLIC EMPLOYEE PERFORMANCE EVALUATION (Government Code section 54957)

10/20/09 28 Title: Chief Administrative Officer

ACTION: Any other reportable matters will be announced on Wednesday, October 21, 2009, prior to the Board of Supervisors Planning and Land Use meeting. 22. SUBJECT: PRESENTATIONS/AWARDS

OVERVIEW: Supervisor Greg Cox presented a proclamation declaring October 21, 2009, Park View Little League Day throughout the County of San Diego.

California State Association of Counties (CSAC) Director, Paul McIntosh, made special presentations to the County of San Diego: INNOVATION AWARD: Neighborhood for Kids-HHSA MERIT AWARD: Life Skills for Foster Youth-HHSA MERIT AWARD: Housing Quality Inspection Process Reengineering-CSG

There being no further business, the Board adjourned at 10:22 a.m. in memory of Bonnie Stone.

THOMAS J. PASTUSZKA Clerk of the Board of Supervisors County of San Diego, State of California

Consent: Santos Discussion: Mazyck

NOTE: This Statement of Proceedings sets forth all actions taken by the County of San Diego Board of Supervisors on the matters stated, but not necessarily the chronological sequence in which the matters were taken up.

10/20/09 29