STATEMENT OF PROCEEDINGS COUNTY OF SAN DIEGO BOARD OF SUPERVISORS REGULAR MEETING TUESDAY, DECEMBER 08, 2009 Board Of Supervisors North Chamber 1600 Pacific Highway, Room 310, San Diego, California

MORNING SESSION: - Meeting was called to order at 9:01 a.m.

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

Invocation led by Walter Santos from Calvary Ranch in Lakeside.

Pledge of Allegiance to the Flag led by siblings, Carlos, Eli, and Neidin Perez, who are all students at Chet Harritt School in the Santee School District.

Approval of Board of Supervisors Statement of Proceedings/Minutes for meetings of November 3, 2009; October 20, 2009 Flood Control District; and October 21, 2009 Housing Authority.

ACTION: ON MOTION of Supervisor Roberts, seconded by Supervisor Slater-Price, the Board of Supervisors approved the Statement of Proceedings/Minutes for the meetings of November 3, 2009; October 20, 2009 Flood Control District; and October 21, 2009 Housing Authority, on Consent.

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

Time Certain:

Time Item Subject 2:00 P.M. 36. FIRMS SELECTED TO INTERVIEW FOR FINAL SELECTION OF A FIRM TO PROVIDE WASHINGTON, D.C. REPRESENTATION (TIME CERTAIN: 2:00 P.M.)

12/08/09 1 Category Agenda No. Subject

Health and Human 1.* YEAR IN REVIEW REPORT ON FIRST 5 SAN Services DIEGO 2. AN ORDINANCE AMENDING THE COUNTY ADMINISTRATIVE CODE RELATING TO THE FIRST 5 COMMISSION Public Safety 3. SHERIFF - LAW ENFORCEMENT AGREEMENT WITH THE RINCON BAND OF LUISENO INDIANS [FUNDING SOURCE(S): REVENUE FROM THE RINCON BAND OF LUISENO INDIANS] 4. SHERIFF’S DEPARTMENT SOLE SOURCE PROCUREMENT OF STANDARD LAW ENFORCEMENT EQUIPMENT AND SUPPLIES [FUNDING SOURCE(S): GENERAL PURPOSE REVENUE] 5. SHERIFF - LAW ENFORCEMENT CONTRACT WITH THE GROSSMONT UNION HIGH SCHOOL DISTRICT [FUNDING SOURCE(S): REVENUE FROM GUHSD] 6. SHERIFF - ACCEPTANCE OF THE U.S. DEPARTMENT OF JUSTICE 2009 FORENSIC DNA BACKLOG REDUCTION PROGRAM GRANT [FUNDING SOURCE(S): U.S. DEPARTMENT OF JUSTICE, OFFICE OF JUSTICE PROGRAMS] (4 VOTES) 7. REVISED RULES GOVERNING INCOMPATIBLE ACTIVITIES OF THE SHERIFF 8. DISTRICT ATTORNEY – ACCEPTANCE OF FUNDING FOR INSURANCE FRAUD GRANT PROGRAMS [FUNDING SOURCE(S): GRANT REVENUE FROM THE STATE OF CALIFORNIA, DEPARTMENT OF INSURANCE] 9. DISTRICT ATTORNEY – SOLE SOURCE PROCUREMENT OF SECURE COVERED PARKING SPACES FOR COUNTY VEHICLES 10. OFFICE OF EMERGENCY SERVICES – HOMELAND SECURITY GRANT PROGRAM ACCEPTANCE [FUNDING SOURCE(S): FEDERAL DEPARTMENT OF HOMELAND SECURITY, THROUGH THE CAL EMA, FISCAL YEAR 2009 HOMELAND SECURITY GRANT PROGRAM] (4 VOTES)

12/08/09 2 Category Agenda No. Subject

Health and Human 11. ADMINISTRATIVE ITEM: Services SECOND CONSIDERATION AND ADOPTION OF ORDINANCE: IN-HOME SUPPORTIVE SERVICES REFORM AND APPROVAL OF A PROGRAM INTEGRITY PROPOSAL [FUNDING SOURCE(S): FEDERAL AND STATE IHSS ADMINISTRATIVE REVENUE] 12. AGING AND DISABILITY RESOURCE CONNECTION REVENUE AGREEMENT FOR FISCAL YEARS 2009-2011 [FUNDING SOURCE(S): CALIFORNIA DEPARTMENT OF HEALTH AND HUMAN SERVICES] 13. HEALTH AND HUMAN SERVICES AGENCY ACCEPTANCE OF DONATIONS FROM KIWANIS CLUB OF ALPINE FOUNDATION 14. COMPREHENSIVE TOBACCO CONTROL PLAN/ TOBACCO TAX HEALTH EDUCATION REVENUE AGREEMENT AND MATERNAL, CHILD AND ADOLESCENT HEALTH TITLE V HEALTH ALLOCATION [FUNDING SOURCE(S): CALIFORNIA DEPARTMENT OF PUBLIC HEALTH] 15. EMERGENCY PREPAREDNESS AND RESPONSE FUNDING [FUNDING SOURCE(S): CENTERS FOR DISEASE CONTROL AND PREVENTION AND U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES, ASSISTANT SECRETARY FOR PREPAREDNESS AND RESPONSE] (4 VOTES) Community Services 16. SUNSET REVIEW OF BOARD POLICIES AND AMENDMENTS TO BOARD POLICIES ASSIGNED TO THE COMMUNITY SERVICES GROUP (Board Policies and First Reading of Ordinances – 12/8/2009; Second Reading of Ordinances – 1/12/2010) 17. DEPARTMENT OF GENERAL SERVICES, FLEET MANAGEMENT - AUTHORIZE ISSUANCE AND AWARD OF COMPETITIVE SOLICITATIONS FOR FORD MOTOR PRODUCTS AND CONTINUE STANDARDIZATION OF FLEET VEHICLES [FUNDING SOURCE(S): DEPRECIATION CHARGES FOR SERVICES FROM COUNTY DEPARTMENTS TO THE FLEET SERVICES

12/08/09 3 Category Agenda No. Subject

INTERNAL SERVICE FUND] 18. ACCEPT AND APPROVE THE COUNTY OF SAN DIEGO REDEVELOPMENT AGENCY FISCAL YEAR 2008-09 ANNUAL REPORT Financial and General 19. ACCEPTANCE OF A COMPREHENSIVE Government ECONOMIC DEVELOPMENT STRATEGY AND REQUEST TO SEEK ESTABLISHMENT OF AN ECONOMIC DEVELOPMENT DISTRICT 20. NEIGHBORHOOD REINVESTMENT PROGRAM AND COMMUNITY ENHANCEMENT AMENDMENT (DISTRICT: 1) 21. ASSESSOR/RECORDER/COUNTY CLERK CONTRACTS TO SUPPORT IMAGING SYSTEM AND IMAGE DISTRIBUTION SERVICE CENTER [FUNDING SOURCE(S): RECORDING REVENUES AND RECORDER’S MODERNIZATION TRUST FUND]

22. SEALED BID SALE 2010 A SEALED BID TAX SALE OF TAX-DEFAULTED REAL PROPERTY 23. PUBLIC ORAL AUCTION TAX SALE OF TAX- DEFAULTED PROPERTY 24. CHAPTER VIII AGREEMENT TO PURCHASE TAX-DEFAULTED LAND #7026 CITY OF POWAY 25. CHAPTER VIII AGREEMENT TO PURCHASE TAX-DEFAULTED LAND #7027 ANZA- BORREGO FOUNDATION 26. DELEGATION OF INVESTMENT AUTHORITY, TREASURER’S INVESTMENT POLICY AND APPOINTMENT OF TREASURY OVERSIGHT COMMITTEE MEMBERS 27. ESCHEATMENT OF MONEY IN COUNTY TRUST FUNDS (COUNTYWIDE) 28. ESCHEATMENT OF MONEY IN COUNTY TRUST FUNDS (PROPERTY TAX) 29. NOTICED PUBLIC HEARING: ISSUANCE OF OBLIGATIONS BY ABAG FINANCE AUTHORITY FOR NONPROFIT CORPORATIONS FOR CASA DE LAS CAMPANAS, INC. IN AN AGGREGATE AMOUNT NOT TO EXCEED $60,000,000 30. NOTICED PUBLIC HEARING: PARTICIPATION IN THE CALIFORNIAFIRST PROPERTY ASSESSED MUNICIPAL

12/08/09 4 Category Agenda No. Subject

FINANCING PROGRAM FOR ENERGY EFFICIENCY AND ASSOCIATED ACTIONS 31. NOTICED PUBLIC HEARING: CONFLICT OF INTEREST CODE: VARIOUS AGENCIES 32. SUNSET REVIEW OF BOARD OF SUPERVISORS POLICIES AND COUNTY ADMINISTRATIVE CODE ARTICLES ASSIGNED TO THE FINANCE AND GENERAL GOVERNMENT GROUP 33.* FISCAL YEAR 2009-10 FIRST QUARTER OPERATIONAL PLAN STATUS REPORT AND BUDGET ADJUSTMENTS [FUNDING SOURCE(S): UNANTICIPATED REVENUE FROM THE AB189 CRIMINAL JUSTICE FACILITY CONSTRUCTION FUND, THE GENERAL FUND FISCAL YEAR 2008-09 FUND BALANCE, UNANTICIPATED REVENUE FROM THE DEPARTMENT OF CONSERVATION (DOC) COMPETITIVE MULTIFAMILY COMPLEX RECYCLING PROGRAM, AND MISCELLANEOUS OTHER REVENUE SOURCES] (4 VOTES) 34. AMENDMENTS TO THE COMPENSATION ORDINANCE 35. 2010 LEGISLATIVE PROGRAM 36.* FIRMS SELECTED TO INTERVIEW FOR FINAL SELECTION OF A FIRM TO PROVIDE WASHINGTON, D.C. REPRESENTATION [FUNDING SOURCE(S): GENERAL PURPOSE REVENUE]

(TIME CERTAIN: 2:00 P.M.) 37.* GMS 2.0: CREATING OUR FUTURE Communications 38. COMMUNICATIONS RECEIVED Received Financial and General 39. ADMINISTRATIVE ITEM: Government SECOND CONSIDERATION AND ADOPTION OF ORDINANCE: CLERK OF THE BOARD OF SUPERVISORS FEES Appointments 40. ADMINISTRATIVE ITEM: APPOINTMENTS Financial and General 41. NEIGHBORHOOD REINVESTMENT GRANTS Government AND COMMUNITY ENHANCEMENT AMENDMENT (DISTRICT: 5)

*Presentation12/08/09 5 Category Agenda No. Subject

[FUNDING SOURCE(S): NEIGHBORHOOD REINVESTMENT BUDGET (15670)]

42. ALLOCATION AND AMENDMENT OF NEIGHBORHOOD REINVESTMENT FUNDS (DISTRICT: 4)

Closed Session 43. CLOSED SESSION

Presentations/Awards 44. PRESENTATIONS/AWARDS

Public Communication 45. PUBLIC COMMUNICATION

*Presentation

12/08/09 6 SUBJECT:1. YEAR IN REVIEW REPORT ON FIRST 5 SAN DIEGO (DISTRICTS: ALL)

OVERVIEW: The First 5 Commission of San Diego (Commission) uses revenue from voter- approved taxes on cigarettes and tobacco products to promote early childhood development for children 0 through 5. The Commission’s long-term goal is to ensure that “all children in San Diego County enter school ready to learn.”

At the May 12, 2009 Board of Supervisor’s meeting, the Board discussed First 5 revenues and reserves, and how they could assist families with young children during these difficult economic times.

Chairwoman Jacob reported that major changes are taking place at the Commission, and that a full report covering priorities and the Strategic Plan of the First 5 Commission would be presented to the Board of Supervisors.

Today, your Board is asked to receive the Commission’s Year in Review report.

FISCAL IMPACT: There is no fiscal impact as a result of this action.

BUSINESS IMPACT STATEMENT: N/A

RECOMMENDATION: CHIEF ADMINISTRATIVE OFFICER Receive the First 5 Commission of San Diego’s Year in Review Report.

ACTION: Received presentation. SUBJECT:2. AN ORDINANCE AMENDING THE COUNTY ADMINISTRATIVE CODE RELATING TO THE FIRST 5 COMMISSION (DISTRICTS: ALL)

OVERVIEW: The First 5 Commission of San Diego uses revenue from voter-approved taxes on cigarettes and tobacco products to promote early childhood development. The Commission’s long-term goal is to ensure that “all children in San Diego County enter school ready to learn.”

On November 17, 2009 the First 5 Commission approved the recommended changes to the County Administrative Code relating to the First 5 Commission and authorized the Commission’s Chair to submit the recommendations to the Board of Supervisors for approval.

12/08/09 1 Proposed ordinance changes include designation of a Chairperson and a change to bring the language into compliance with State legislation.

FISCAL IMPACT: There is no fiscal impact as a result of this action.

BUSINESS IMPACT STATEMENT: N/A

RECOMMENDATION: CHAIRWOMAN JACOB 1. Approve the introduction of the Ordinance, (first reading), read title and waive further reading of the Ordinance (Attachment A):

AN ORDINANCE AMENDING SECTIONS 84.101, 84.104, 84.105, AND 84.108 OF THE SAN DIEGO COUNTY CODE RELATING TO THE SAN DIEGO COUNTY FIRST 5 COMMISSION.

2. Submit the Ordinance for further Board consideration and adoption (second reading) on January 12, 2010.

ACTION: Revising the Ordinance in section 2 to amend Section 84.101 (a) to read: (a). One member shall be the member of the Board of Supervisors who served as Chair of the Board of Supervisors in the preceding calendar year. This provision shall become effective January 1, 2010.

ON MOTION of Supervisor Horn, seconded by Supervisor Cox, the Board took action as recommended, introducing Ordinance for further Board consideration and adoption on January 12, 2010.

AYES: Cox, Jacob, Slater-Price, Roberts, Horn SUBJECT:3. SHERIFF - LAW ENFORCEMENT AGREEMENT WITH THE RINCON BAND OF LUISENO INDIANS (DISTRICT: 5)

OVERVIEW: On December 13, 2005 (15) your Board approved a four-year law enforcement services agreement between the County of San Diego and the Rincon Band of Luiseno Indians for three (3) Special Purpose Officers (SPOs). The purpose of the agreement was to enhance law enforcement services on the Rincon Tribal Reservation. The current contract expires December 31, 2009.

The Rincon Tribal Council desires to continue contracting for three (3) SPOs and has requested the Sheriff’s Department to initiate an agreement to continue

12/08/09 2 law enforcement services on the Rincon Tribal Reservation. This request is to approve a five-year agreement for law enforcement services between the County of San Diego and the Rincon Band of Luiseno Indians for the period January 1, 2010 through December 31, 2014.

FISCAL IMPACT: Funds for this request are included in the Fiscal Year 2009-11 Adopted Operational Plan in the Sheriff’s Department. If approved, this request will result in estimated current year operating costs of $797,673 and revenue of $609,002. Costs requested to be waived total $188,671, which represents supervision and indirect overhead costs. Cost and revenue amounts will be adjusted for negotiated salary increases, other cost adjustments or services level changes. The funding source is revenue from the Rincon Band of Luiseno Indians. There will be no change in net General Fund cost and no additional staff years. Any requests for increased services or staff will be brought to your Board for approval.

BUSINESS IMPACT STATEMENT: N/A

RECOMMENDATION: SHERIFF 1. Approve and authorize the Clerk of the Board to accept and execute, upon receipt, the five-year agreement between the County of San Diego and the Rincon Band of Luiseno Indians for three (3) Special Purpose Officers to provide law enforcement services covering the contract period of January 1, 2010 through December 31, 2014.

2. Authorize the Sheriff to execute any amendments, extensions and/or revisions due to changes in service level that do not materially impact or alter either the program or funding level.

3. Waive Board Policy 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:4. SHERIFF’S DEPARTMENT SOLE SOURCE PROCUREMENT OF STANDARD LAW ENFORCEMENT EQUIPMENT AND SUPPLIES (DISTRICTS: ALL)

OVERVIEW: This is a request to approve and authorize the Director of Purchasing and

12/08/09 3 Contracting to procure various pieces of equipment, supplies, original equipment manufacturers’ parts, repairs and services for standard items routinely issued to the Sheriff’s law enforcement personnel. Examples of such items include body armor, weapons, ammunition, holsters and badges. Authority to purchase these items from specific manufacturers is requested due to the need for consistency of quality, uniformity, training efficiency and safety.

The products and repair services to be utilized by the Sheriff’s department have been approved for sole source acquisition by your Board on many occasions over the past several years. In selecting the products, major consideration has been given to testing for durability, and safety. Standardization offers the uniformity necessary for inter-operational use within department and ease of training. Standardized training enhances safety for the deputy sheriffs and the public.

A complete list of the items sought for purchase on a routine basis is listed in the attached workbook.

FISCAL IMPACT: Funds for this request are included in the Fiscal Year 2009-10 Adopted Operational Plan for the Sheriff Department and will be included the Sheriff’s Department Operational Plan for Fiscal Year 2010-11. The funding source is general purpose revenue. The estimated cost for the body armor for each fiscal year is $300,000; the estimated cost for the lethal / less lethal weapon systems, Original Equipment Manufacturers’ parts, repairs and accessories each fiscal year is $400,000; the estimated cost for the various types of ammunition each fiscal year is $350,000; the estimated cost for the holsters, gear and equipment each fiscal year is $250,000. The estimated annual cost of badges, rockers and wallets is $60,000. The total estimated cost for equipment, supplies, original equipment manufacturers’ parts and repair services is $1,360,000. There will be no change in net General Fund cost and no additional staff years.

BUSINESS IMPACT STATEMENT: N/A

RECOMMENDATION: SHERIFF 1. Waive the advertising requirement of Board Policy A-87.

2. In accordance with Board Policy A-87, Competitive Procurement, approve and authorize the Director of Purchasing and Contracting to enter into negotiations with San Diego Police Equipment Company, an authorized dealer for Point Blank Solutions, Inc. (PBSI) / Protective Apparel Corporation of America (P.A.C.A.) and subject to successful negotiations and determination of a fair and reasonable price, enter into a 5-year contract for the purchase of PBSI / P.A.C.A. body armor in different configurations.

12/08/09 4 Body armor has a product life span of approximately five (5) years. Authorize the Sheriff to change to different models from the same manufacturer if improved models of body armor is tested and accepted by the Sheriff’s Department.

3. In accordance with Board Policy A-87, Competitive Procurement, approve and authorize the Director of Purchasing and Contracting to enter into negotiations with Entenmann-Rovin Company; and subject to successful negotiations and determination of a fair and reasonable price, award a 5-year contract for the purchase of Sterling Silver uniform badges, Platiloy flat badges, identification rockers and badge wallets. Authorize the Sheriff to change to a different model from the same manufacturer if an improved badge model is assessed and accepted by the Sheriff’s Department

4. In accordance with Board Policy A-87, Competitive Procurement, approve and authorize the Director of Purchasing and Contracting to issue competitive solicitations and award contracts for up to five years with authorized distributors for the following items as part of the Sheriff’s weapons standardization program; Glock model 22 and 27, 40 caliber semi- automatic pistols; Remington model 870, 12 gauge shotguns, Remington 870 Less Lethal configuration shotguns; Colt, Smith & Wesson, and Ruger & Co. law enforcement models AR15/M4 223 caliber rifle; Taser Less Lethal duty weapon, Tippman/PepperBall Launcher and the Sage Control Ordnance 37/40mm Projectile Launcher. All weapons are considered weapon systems; for safety reasons, all related assemblies and support mechanisms shall be replaced with original equipment manufactured parts. Authorize the Sheriff to change to a different model from the same manufacturer if an improved model of weapon system is tested and accepted by the Sheriff’s Department.

5. In accordance with Board Policy A-87, Competitive Procurement, approve and authorize the Director of Purchasing and Contracting to issue competitive solicitations and award contracts for up to five years with authorized distributors for the following items as part of the Sheriff’s standardization program for specific lethal and less lethal ammunitions for handguns, rifles, shotguns and less lethal weapons; Federal, American Eagle, Black Hills Speer West Cost Ammunition, Taser International,

12/08/09 5 Tippman / Pepperball, Sage Control and Combined Tactical Systems Inc.. Authorize the Sheriff to change to a different model from the same manufacturer if improved ammunition is tested and accepted by the Sheriff’s Department.

6. In accordance with Board Policy A-87, Competitive Procurement, approve and authorize the Director of Purchasing and Contracting to issue competitive solicitations and award contracts for up to five years with authorized vendors for the following items as part of the Sheriff’s standardization program for holsters and other safety equipment: Glock Safariland holsters and standardized issued safety equipment as described in the inventory workbook section of this board letter. Authorize the Sheriff to change to different models from the same manufacturer if an improved model of holster or safety equipment is tested and accepted by the Sheriff’s Department.

7. Approve and authorize the Sheriff to amend contracts to reflect changes in product models, service level requirements and funding, from the same manufacturers, as needed.

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:5. SHERIFF - LAW ENFORCEMENT CONTRACT WITH THE GROSSMONT UNION HIGH SCHOOL DISTRICT (DISTRICT: 2)

OVERVIEW: On August 2, 2005 (3), your Board approved a four-year law enforcement services agreement between the County of San Diego and the Grossmont Union High School District (GUHSD) for seven (7) School Resource Officers (SROs). The purpose of the agreement was to decrease violence and crime on GUHSD campuses, decrease drug and gang activity among students, improve school attendance, and improve the schools’ image through utilization of the Community Oriented Policing and Problem Solving (COPPS) philosophy. The current contract expires December 31, 2009.

The District’s Board of Education approved the funding for six (6) SROs and has requested the Sheriff’s Department renew an agreement to continue law enforcement services on GUHSD campuses. This request is to approve a four and one half-year agreement for law enforcement services between the County of San Diego, through the Sheriff’s Department, and the Grossmont Union High School District for the period January 1, 2010 through June 30, 2014. The first contract term of six (6) months is to bring the contract effective dates into alignment with both County of San Diego and GUHSD fiscal years. This

12/08/09 6 request will also reduce current year appropriations and related revenue by $247,245 due to the reduction of law enforcement services for GUSHD.

FISCAL IMPACT: Funds for this request are included in the Fiscal Year 2009-10 Adopted Operational Plan in the Sheriff’s Department. If approved, this request will reduce current year appropriations and related revenue by $247,245, which will result in estimated current year operating costs of $971,072 and revenue of $725,858. Indirect costs requested to be waived total $245,214, which represents supervision costs that are not charged to GUHSD, and other overhead costs that will be avoided because GUHSD absorbs those costs in its budget. The funding source is revenue from GUHSD. Any requests for increased services or staff will be brought to your Board for approval. Operating costs in excess of revenue will be funded by general purpose revenue.

BUSINESS IMPACT STATEMENT: N/A

RECOMMENDATION: SHERIFF 1. Approve and authorize the Clerk of the Board to accept and execute, upon receipt, the four and one-half year agreement between the County of San Diego, through the Sheriff’s Department, and GUHSD for the services of six (6) School Resource Officers covering the contract period of January 1, 2010 through June 30, 2014.

2. Authorize the Sheriff to execute any amendments, and/or revisions due to changes in service level that do not materially impact or alter either the program or funding level.

3. Cancel appropriations of $247,245 in salaries and benefits and related GUHSD revenue in Sheriff’s Department due to the reduction of law enforcement services for GUSHD in the Fiscal Year 2009-10.

4. Waive Board Policy 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:6. SHERIFF - ACCEPTANCE OF THE U.S. DEPARTMENT OF JUSTICE 2009 FORENSIC DNA BACKLOG REDUCTION PROGRAM GRANT (DISTRICTS: ALL)

12/08/09 7 OVERVIEW: This is a request to authorize the acceptance and appropriation of a $380,960 grant under the 2009 Forensic DNA Backlog Reduction Program administered by the U.S. Department of Justice, Office of Justice Programs, and to approve sole source acquisition of equipment with grant funds. Your board approved the submission of an application for this grant on May 12, 2009 (2).

The 2009 Forensic DNA Backlog Reduction Program grant will augment the Sheriff’s Crime Lab’s current DNA analysis capacity by providing additional equipment, supplies, and overtime expenses for the Crime Lab’s DNA analysis group. The grant funding will aid in reduction of turnaround time on DNA cases awaiting analysis and increase the number of cases analyzed.

FISCAL IMPACT: Funds for this request are partially included in the Fiscal Year 2009-10 Adopted Operational Plan in the Sheriff’s Department. If approved, this request will result in current year costs of $388,060 and revenue of $380,960, resulting in a net General Fund cost of $7,100. The $7,100 is for Purchasing ISF costs that are not allowable expenses under the terms of the grant. The funding source is the U.S. Department of Justice, Office of Justice Programs. The request will not require the addition of staff years. There is no local match required for these funds.

The Sheriff’s Department will incur an estimated $11,000 in annual costs in future years, for ongoing maintenance of equipment purchased with award funds. The Department will include these costs in its Fiscal Year 2010-11 Proposed Operational Plan.

BUSINESS IMPACT STATEMENT: N/A

RECOMMENDATION: SHERIFF 1. Waive the advertising requirement of Board Policy A-87.

2. Waive Board Policy B-29, Fees, Grants, Revenue Contracts - Department Responsibility for Cost Recovery, with regard to purchasing and ongoing maintenance costs, as described below.

3. Authorize the acceptance of a $380,960 grant through the U.S. Department of Justice 2009 Forensic DNA Backlog Reduction Program for additional equipment, supplies, and overtime expenses for the period of October 1, 2009 through March 31, 2011.

4. Establish appropriations of $380,960 in the Sheriff’s Department for salaries and benefits ($49,670), services and supplies ($58,404) and fixed

12/08/09 8 assets ($272,886) based on unanticipated revenue from the U.S. Department of Justice. (4 VOTES)

5. Authorize the Sheriff to execute the acceptance of the U.S. Department of Justice 2009 Forensic DNA Backlog Reduction Program grant, and any extensions, amendments, or revisions thereof that do not materially impact or alter the grant programs or funding level.

6. In accordance with Board policy A-87, Competitive Procurement, approve and authorize the Director, Purchasing and Contracting to enter into sole source negotiations and, subject to successful negotiations and determination of a fair and reasonable price, award contracts to Applied Biosystems for one 3130 Genetic Analyzer, Qiagen Corporation for upgrades to four EZ-1 Robotic DNA Extractors, and Tecan USA for an upgrade to one EVO-100 liquid handler.

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:7. REVISED RULES GOVERNING INCOMPATIBLE ACTIVITIES OF THE SHERIFF (DISTRICTS: ALL)

OVERVIEW: On February 29, 1972, the Board adopted a Resolution enacting rules governing application of incompatible activities law. The rules were amended on November 17, 1981; November 10, 1998; and July 31, 2001. The recommended action would approve the revised Incompatible Activities Rules submitted by the Sheriff.

FISCAL IMPACT: None.

BUSINESS IMPACT STATEMENT: None.

RECOMMENDATION: CHIEF ADMINISTRATIVE OFFICER Approve the Sheriff Department’s revised Incompatible Activities Rules.

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. DISTRICT ATTORNEY – ACCEPTANCE OF FUNDING FOR INSURANCE FRAUD GRANT PROGRAMS

12/08/09 9 (DISTRICTS: ALL)

OVERVIEW: On April 21, 2009 (3) your Board approved the District Attorney’s Office applications for grant funds from the State of California, Department of Insurance. This request is to authorize the acceptance of five grant awards from the State of California, Department of Insurance totaling $7,973,684. The Workers’ Compensation Insurance Fraud Program ($4,800,000), Automobile Insurance Fraud Program ($1,689,094), Organized Automobile Fraud Activity Interdiction Program ($1,107,345), Disability and Healthcare Insurance Fraud Program ($212,245), and the Life and Annuity Consumer Protection Program ($165,000) grants are for the period July 1, 2009 through June 30, 2010.

FISCAL IMPACT: Funds for this request are included in the Fiscal Year 2009-10 Adopted Operational Plan for the District Attorney’s Office. The funding source is grant revenue from the State of California, Department of Insurance. These grants provide full cost recovery and there is no required match. No additional staff years are required.

Workers’ Compensation Insurance Fraud Program If approved, this request will result in direct costs and grant revenue of $4,800,000.

Automobile Insurance Fraud Program If approved, this request will result in direct costs and grant revenue of $1,689,094.

Organized Automobile Fraud Activity Interdiction Program If approved, this request will result in direct costs and grant revenue of $1,107,345.

Disability and Healthcare Insurance Fraud Program If approved, this request will result in direct costs and grant revenue of $212,245.

Life and Annuity Consumer Protection Program If approved, this request will result in direct costs and grant revenue of $165,000.

BUSINESS IMPACT STATEMENT: N/A

RECOMMENDATION: DISTRICT ATTORNEY

12/08/09 10 1. Authorize the District Attorney’s Office to accept and administer $4,800,000 in grant funds for the Workers’ Compensation Insurance Fraud Program grant from the State of California, Department of Insurance for the period July 1, 2009 through June 30, 2010.

2. Adopt a resolution entitled “A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF SAN DIEGO RELATING TO THE WORKERS’ COMPENSATION INSURANCE FRAUD PROGRAM,” and authorize the Chief Administrative Officer, or his designee, and the District Attorney, or her designee, to execute all required grant and grant related documents and any annual extensions, amendments, and/or revisions thereof that do not materially impact or alter the services or funding level.

3. Authorize the District Attorney’s Office to accept and administer $1,689,094 in grant funds for the Automobile Insurance Fraud Program grant from the State of California, Department of Insurance for the period July 1, 2009 through June 30, 2010.

4. Adopt a resolution entitled “A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF SAN DIEGO RELATING TO THE AUTOMOBILE INSURANCE FRAUD PROGRAM,” and authorize the Chief Administrative Officer, or his designee, and the District Attorney, or her designee, to execute all required grant and grant related documents and any annual extensions, amendments, and/or revisions thereof that do not materially impact or alter the services or funding level.

5. Authorize the District Attorney’s Office to accept and administer $1,107,345 in grant funds for the Organized Automobile Fraud Activity Interdiction Program grant from the State of California, Department of Insurance for the period July 1, 2009 through June 30, 2010.

6. Adopt a resolution entitled “A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF SAN DIEGO RELATING TO THE ORGANIZED AUTOMOBILE FRAUD ACTIVITY INTERDICTION PROGRAM,” and authorize the Chief Administrative Officer, or his designee, and the District Attorney, or her designee, to execute all required grant and grant related documents and any annual extensions, amendments, and/or revisions thereof that do not materially impact or alter the services or funding level.

7. Authorize the District Attorney’s Office to accept and administer $212,245 in grant funds for the Disability and Healthcare Insurance Fraud Program grant from the State of California, Department of Insurance for the period

12/08/09 11 July 1, 2009 through June 30, 2010.

8. Adopt a resolution entitled “A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF SAN DIEGO RELATING TO THE DISABILITY AND HEALTHCARE INSURANCE FRAUD PROGRAM,” and authorize the Chief Administrative Officer, or his designee, and the District Attorney, or her designee, to execute all required grant and grant related documents and any annual extensions, amendments, and/or revisions thereof that do not materially impact or alter the services or funding level.

9. Authorize the District Attorney’s Office to accept and administer $165,000 in grant funds for the Life and Annuity Consumer Protection Program grant from the State of California, Department of Insurance for the period July 1, 2009 through June 30, 2010.

10. Adopt a resolution entitled “A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF SAN DIEGO RELATING TO THE LIFE AND ANNUITY CONSUMER PROTECTION PROGRAM,” and authorize the Chief Administrative Officer, or his designee, and the District Attorney, or her designee, to execute all required grant and grant related documents and any annual extensions, amendments, and/or revisions thereof that do not materially impact or alter the services or funding level.

12/08/09 12 ACTION: ON MOTION of Supervisor Cox, seconded by Supervisor Roberts, the Board took action as recommended, on Consent, adopting the following Resolutions entitled: Resolution No. 09-234 entitled: A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF SAN DIEGO RELATING TO THE WORKERS’ COMPENSATION INSURANCE FRAUD PROGRAM; Resolution No. 09-235 entitled: A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF SAN DIEGO RELATING TO THE AUTOMOBILE INSURANCE FRAUD PROGRAM; Resolution No. 09-236 entitled: A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF SAN DIEGO RELATING TO THE ORGANIZED AUTOMOBILE FRAUD ACTIVITY INTERDICTION PROGRAM; Resolution No. 09-237 entitled: A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF SAN DIEGO RELATING TO THE DISABILITY AND HEALTHCARE INSURANCE FRAUD PROGRAM; and Resolution No. 09-238 entitled: A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF SAN DIEGO RELATING TO THE LIFE AND ANNUITY CONSUMER PROTECTION PROGRAM.

AYES: Cox, Jacob, Slater-Price, Roberts, Horn SUBJECT:9. DISTRICT ATTORNEY – SOLE SOURCE PROCUREMENT OF SECURE COVERED PARKING SPACES FOR COUNTY VEHICLES (District: All)

OVERVIEW: The landscape of downtown San Diego has transformed from a predominantly business-oriented region to an area of economic revitalization burgeoning with construction of retail and residential space. As a result, the economic revitalization downtown has created a shortage of affordable covered and secure parking facilities for County vehicles and safety equipment. This is a request to authorize the Director of Purchasing and Contracting to negotiate and enter into a three to five-year parking agreement for up to 130 covered and secure parking spaces with Ace Parking Incorporated and Five Star Parking on behalf of the District Attorney.

FISCAL IMPACT: Funds for this request are included in the Fiscal Year 2009-2010 Operational Plan in the District Attorney’s Office. If approved this request will result in direct costs of approximately $322,200 per year, which will partially be offset by $126,540 in grant funds (the California Department of Insurance and the California Emergency Management Agency, and also from Prop 64 and Real Estate Fraud Prosecution funding). There will be no change in net General

12/08/09 13 Fund cost and no additional staff years.

BUSINESS IMPACT STATEMENT: N/A

RECOMMENDATION: DISTRICT ATTORNEY 1. In accordance with Board Policy A-87, Competitive Procurement, approve and authorize the Director of Purchasing and Contracting to enter into negotiations with Ace Parking Incorporated and, subject to successful negotiations and determination of a fair and reasonable price, award contracts for up to 50 covered and secure parking spaces within a five-block radius of the Hall of Justice for three years and two option years through December 30, 2014 and an additional six months, if needed, and to amend the contracts as needed to reflect changes to services and funding, subject to the approval of the District Attorney.

2. In accordance with Board Policy A-87, Competitive Procurement, approve and authorize the Director of Purchasing and Contracting to enter into negotiations with Five Star Parking and, subject to successful negotiations and determination of a fair and reasonable price, award contracts for up to 80 covered and secure parking spaces within a five-block radius of the Hall of Justice for three years and two option years through December 30, 2014 and an additional six months, if needed, and to amend the contracts as needed to reflect changes to services and funding, subject to the approval of the District Attorney.

3. Waive the advertising requirement of Board Policy A-87, Competitive Procurement.

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:10. OFFICE OF EMERGENCY SERVICES – HOMELAND SECURITY GRANT PROGRAM ACCEPTANCE (DISTRICTS: ALL)

OVERVIEW: On June 16, 2009 (7) your Board adopted a resolution to authorize the Office of Emergency Services to apply for the Fiscal Year 2009 Homeland Security Grant Program (HSGP) funded by the federal Department of Homeland Security. The Office of Emergency Services is responsible for administering and distributing the grant funds to the cities in the County, as well as the unincorporated areas of the County.

12/08/09 14 This is a request to authorize the Department of Agricultural Weights and Measures, the Department of Environmental Health, the Department of Planning and Land Use, the Department of General Services, the Health and Human Services Agency, the Department of Public Works, the Department of the Medical Examiner, the Sheriff’s Department and the Office of Emergency Services to accept $11,065,550 in HSGP funds. This is also a request to appropriate $9,410,293. The funding is for emergency planning, the continued development of a disaster preparedness exercise program, equipment purchases, regional projects and grants administration.

FISCAL IMPACT: Funds for this request are not included in the Fiscal Year 2009-11 Operational Plan. If approved, this request will result in costs of $9,410,293 and revenue of $11,065,550 in Fiscal Year 2009-10 with a pass-through of $3,057,180 to local jurisdictions. The remaining $6,353,113 will be used for emergency planning, conducting exercises, conducting training, purchasing equipment and grant administration by the previously listed County departments. The funding source is the federal Department of Homeland Security, through the Cal EMA, Fiscal Year 2009 Homeland Security Grant Program. 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. Authorize the Department of Agricultural Weights and Measures, the Department of Environmental Health, the Department of Planning and Land Use, the Department of General Services, the Health and Human Services Agency, the Department of Public Works, the Department of the Medical Examiner, the Sheriff’s Department and the Office of Emergency Services to accept the HSGP funds for the period September 23, 2009 to April 30, 2012 in the amount of $11,065,550 to conduct emergency planning, disaster preparedness exercises, grants administration and to purchase equipment to enhance the response to chemical, biological, radiological, nuclear and explosive incidents.

2. Establish appropriations of $23,300 in the Department of Agriculture and Weights for services and supplies to purchase radios based on unanticipated revenue from the California Emergency Management Agency (Cal EMA). (4 VOTES)

3. Establish appropriations of $184,000 in the Department of Environmental Health to purchase radios, personal protective equipment, and explosive detectors and to develop and enhance emergency plans and protocols based on unanticipated revenue from the Cal EMA. (4 VOTES)

12/08/09 15 4. Establish appropriations of $142,258 in the Department of Planning and Land Use for services and supplies to purchase damage assessment equipment ($119,990) and salaries and benefits to develop and enhance damage assessment plans and protocols ($22,268) based on unanticipated revenue from the Cal EMA. (4 VOTES)

5. Amend the Fiscal Year 2009-10 Department of General Services Facilities Management ISF Spending Plan in the amount of $139,000 to provide funding for fixed assets to purchase portable emergency generators ($99,000), services and supplies ($35,000) and salaries and benefits to revise and enhance the Continuity of Operations Plan ($5,000) based on unanticipated revenue from the Cal EMA. (4 VOTES)

6. Establish appropriation of $806,584 in the Health and Human Services Agency for services and supplies to purchase medical response and communications equipment to develop plans and conduct training and exercises to improve medical surge capacity and accommodate special needs populations based on unanticipated revenue from the Cal EMA. (4 VOTES)

7. Establish appropriations of $50,000 in the Department of Public Works for services and supplies for the development of an ArcGIS server batch composite geocoder to enhance existing public safety services based on unanticipated revenue from the Cal EMA. (4 VOTES)

8. Establish appropriation of $53,220 in the Department of the Medical Examiner for fixed assets to purchase a mobile morgue trailer ($45,000) and salaries and benefits to develop and enhance emergency plans ($8,220) based on unanticipated revenue from the Cal EMA. (4 VOTES)

9. Establish appropriations of $2,801,255 in the Sheriff’s Department for services and supplies ($1,109,000), salaries and benefits ($380,900) and fixed assets ($1,311,355) to strengthen interoperable communications, strengthen information sharing, enhance critical infrastructure and key resource protection and to improve response and recovery capabilities based on unanticipated revenue from the Cal EMA. (4 VOTES)

10. Authorize the Sheriff to accept and administer HSGP funds on behalf of the San Diego Regional Terrorism Threat Assessment Center/Law Enforcement Coordination Center (SD-RTTAC/LECC), including procurement of equipment and contracting for services, if necessary.

11. Establish appropriations of $2,057,000 in the Sheriff’s Department on behalf of the SD-RTTAC/LECC for services and supplies ($1,722,000), salaries and benefits ($200,000) and fixed assets ($135,000) based on unanticipated revenue from the Cal EMA. (4 VOTES)

12/08/09 16 12. Establish appropriations of $3,153,676 in the Office of Emergency Services for services and supplies to purchase equipment ($96,496 and other charges to enter into contracts with local jurisdictions to enhance and strengthen regional emergency preparedness, response and recovery ($3,057,180) based on unanticipated revenue from the Cal EMA. (4 VOTES)

13. Authorize the Director of the Office of Emergency Services to enter into expenditure contracts of $3,057,180 with local jurisdictions as stated in the table listed in the background section to enhance and strengthen regional emergency preparedness, response and recovery.

14. 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.

AYES: Cox, Jacob, Slater-Price, Roberts, Horn SUBJECT:11. ADMINISTRATIVE ITEM: SECOND CONSIDERATION AND ADOPTION OF ORDINANCE: IN-HOME SUPPORTIVE SERVICES REFORM AND APPROVAL OF A PROGRAM INTEGRITY PROPOSAL (DISTRICTS: ALL)

OVERVIEW: On March 24, 2009, at the recommendation of Chairwoman Jacob and Vice-Chairwoman Slater-Price, the Board directed staff to identify reform proposals for the In-Home Supportive Services (IHSS) Program, indicating the need to immediately review options in order to keep program costs at a manageable level while maintaining the original intent of the program. In response to the Board’s direction, staff worked with numerous local stakeholders to develop a proposal for substantive reforms within the County’s IHSS Program.

During the County’s review of the IHSS program, the State issued a number of mandated changes to the program, aimed at program integrity and fraud prevention. Today’s item provides an update on recent State changes to the program and allows the County to take immediate action to improve IHSS program integrity utilizing newly-available State fraud funding. With Board approval today, the Fraud Investigations and Program Integrity Plan will be submitted by December 1, 2009, as required by the State.

Today’s action also authorizes the receipt of a comprehensive report by Health Management Associates, a consulting firm that has been working with the County to identify reform proposals for the IHSS program. Board authority is

12/08/09 17 also sought to pursue the reform proposals described in this board letter. Any further actions requiring Board approval will be brought back for your Board’s consideration.

A companion item on today’s IHSS Public Authority Governing Body agenda brings forward an implementation plan to address the mandated State changes subject to available State funding. With Board approval today, the Public Authority ordinance and the Interagency Agreement between the County and the Public Authority will be revised to incorporate the new State requirements.

FISCAL IMPACT: Fraud Prevention (Recommendation 4) The Fiscal Year 2009-2011 Operational Plan for the Health and Human Services Agency includes sufficient funding for this request. If approved, this request will result in current year costs of $682,690, revenue of $572,050, and $110,640 in Social Services Realignment for required matching funds. Subsequent year costs, revenue, and matching funds will be $1,365,381, $1,144,099, and $221,282 respectively. The funding sources are federal and State IHSS administrative revenue. To implement the plan, the Health and Human Services Agency will redirect ten current positions and the District Attorney will redirect one of their existing positions to this effort. Should the County’s allocation increase, staff will return to the Board to request the establishment of additional appropriations as needed.

Current and New Provider Program (Recommendations 6-9): The Fiscal Year 2009-2011 Operational Plan for the Health and Human Services Agency includes sufficient funding for this request. If approved, this request will result in current year costs of $524,351, revenue of $432,590, and $91,761 in Social Services Realignment required for matching funds. Subsequent year costs, revenue, and matching funds will be $602,747, $497,266, and $105,481 respectively. The funding sources are federal and State IHSS administrative revenue. To implement the program, with Governing Body approval, the Public Authority will request five additional positions.

BUSINESS IMPACT STATEMENT: N/A

RECOMMENDATION: CHIEF ADMINISTRATIVE OFFICER 1. Adopt Ordinance entitled:

AN ORDINANCE AMENDING COUNTY OF SAN DIEGO ADMINISTRATIVE CODE ARTICLE IIIb RELATING TO THE DUTIES AND FUNCTIONS OF THE COUNTY OF SAN DIEGO IN-HOME SUPPORTIVE SERVICES PUBLIC AUTHORITY.

12/08/09 18 2. Approve and authorize the Clerk of the Board of Supervisors to execute the attached amended Interagency Agreement Between The County of San Diego and the County of San Diego In-Home Supportive Services Public Authority; and authorize the Clerk of the Board to execute non-material amendments to the Interagency Agreement.

ACTION: ON MOTION of Supervisor Cox, seconded by Supervisor Roberts, the Board took action as recommended, on Consent, adopting Ordinance No. 10021 (N.S.) entitled: AN ORDINANCE AMENDING COUNTY OF SAN DIEGO ADMINISTRATIVE CODE ARTICLE IIIb RELATING TO THE DUTIES AND FUNCTIONS OF THE COUNTY OF SAN DIEGO IN-HOME SUPPORTIVE SERVICES PUBLIC AUTHORITY.

AYES: Cox, Jacob, Slater-Price, Roberts, Horn SUBJECT:12. AGING AND DISABILITY RESOURCE CONNECTION REVENUE AGREEMENT FOR FISCAL YEARS 2009- 2011 (DISTRICTS: ALL)

OVERVIEW: The Board of Supervisors has demonstrated a long-term commitment to enhancing programs focused on increasing access for seniors and persons with disabilities to services, benefits and resources. On July 13, 2004 (17), the Board approved the acceptance of a grant totaling $610,000 with the California Department of Aging to establish an Aging and Disability Resource Connection (ADRC). Since 2004, funds were used to develop and implement a comprehensive system to assist consumers with accessing information on long term care planning options. San Diego County’s ADRC has been a highly visible and trusted single point of entry for access to information and assistance on available long term care support options. Board authority is requested to accept an additional $150,000 State grant for Fiscal Years 2009-11 to enhance the local ADRC program.

FISCAL IMPACT: Funds for this request are included in the FY 2009-11 Operational Plan for the Health and Human Services Agency. If approved, this request will result in current year costs of $54,145 and revenue of $49,980, and subsequent year costs of $108,355 and revenue of $100,020. The required match will be funded by County General Purpose Revenue in the amount of $4,165 for the current year and $8,335 subsequent year. The funding source is the California Department of Health and Human Services. There will be no change in net General Fund cost and no additional staff years.

Funds for this contract are not expected to be impacted by the State budget. If the State reduces funding for this contract, staff will retain the ability through the contracting process to re-prioritize, reduce or eliminate services in order to adjust to decreased funding.

12/08/09 19 BUSINESS IMPACT STATEMENT: N/A

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

2. Authorize the Clerk of the Board to execute, upon receipt, the ADRC revenue agreement 09-H9006 with the California Department of Health and Human Services.

3. Authorize the Clerk of the Board, subject to the approval of the Director of the Health and Human Services Agency or designee, to execute subsequent amendments and renewals to the revenue agreement in Recommendation 2 when those documents are received from the funding source.

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. HEALTH AND HUMAN SERVICES AGENCY ACCEPTANCE OF DONATIONS FROM KIWANIS CLUB OF ALPINE FOUNDATION (DISTRICTS: ALL)

OVERVIEW: Administrative Code Section 66 and Board of Supervisors Policy A-112, Acceptance of Gifts and Donations, permits the acceptance of gifts by the administrative head of each department in the County with ratification by the Board of Supervisors. This is a request to accept donations from the Kiwanis Club of Alpine Foundation of goods and supplies, valued at $32,052; highlighting a generous $30,000 contribution of goods and supplies from M. Chris Dickson Foundation. The donation will be used to provide immediate, placement related supplies for abused or neglected children removed from their homes. These donations aid in a child’s immediate placement in another home surrounded by familiar people and places that encourage them to thrive.

FISCAL IMPACT: Approval of these recommendations will add $32,052 in gifts and donations to the resources available to support the activities for Health and Human Services Agency East Region Neighborhoods for Kids initiative.

BUSINESS IMPACT STATEMENT: N/A

12/08/09 20 RECOMMENDATION: CHIEF ADMINISTRATIVE OFFICER 1. Authorize acceptance of the donation of goods and supplies, valued at $32,052, from the Kiwanis Club of Alpine Foundation. 2. Authorize the Chair of the Board of Supervisors to sign letters of thanks to the Kiwanis Club of Alpine Foundation and the M. Chris Dickson Foundation for the donations.

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:14. COMPREHENSIVE TOBACCO CONTROL PLAN/ TOBACCO TAX HEALTH EDUCATION REVENUE AGREEMENT AND MATERNAL, CHILD AND ADOLESCENT HEALTH TITLE V HEALTH ALLOCATION (DISTRICTS: ALL)

OVERVIEW: The County has received funding from the State since 1989 for local tobacco education and prevention activities as a direct result of the 1988 California voter-approved Proposition 99, the Tobacco Tax Initiative. This initiative added a 25-cent tax to each pack of cigarettes sold in California. Every three years, the California Department of Public Health, Tobacco Control Program requires the County to submit a Comprehensive Tobacco Control Plan detailing the scope of work and budget according to State-mandated priority areas.

The new Comprehensive Tobacco Control Plan covers the period of FY 2010-11 through FY 2012-13, and will be funded through an agreement with the State in the projected amount of $1,593,087 in Proposition 99 funding. The Comprehensive Tobacco Control Plan is administered by the Health and Human Services Agency. Board action is requested to authorize submission of the Comprehensive Tobacco Control Plan to the State and to approve execution of the forthcoming Tobacco Tax Health Education Revenue Agreement.

Board action is also requested to approve the State Maternal, Child and Adolescent Health Title V Allocation in the amount of $530,591 annually for FY2010-11 through FY2012-13 to support Maternal, Child and Family Health Services programs designed to improve the health of pregnant women and their babies. The Maternal, Child and Adolescent Health Title V allocation is the primary funding source for these State-mandated programs.

FISCAL IMPACT: Tobacco Tax Health Education Revenue Agreement: Funds for this request are included in the FY 2009-11 Operational Plan for the

12/08/09 21 Health and Human Services Agency. If approved, this request will result in costs and revenue of $571,498 in FY 2010-11, $531,350 in FY 2011-12, and $490,239 in FY 2012-13. The funding source is the California Department of Public Health. There will be no change in net General Fund cost and no additional staff years.

Maternal, Child and Adolescent Health Title V Allocation: Funds for this request are included in the FY 2009-11 Operational Plan for the Health and Human Services Agency. If approved, this request will result in annual costs and revenue of $530,591 for FY 2010-11 through FY 2012-13. The funding source is the California Department of Public Health. There will be no change in net General Fund cost and no additional staff years.

BUSINESS IMPACT STATEMENT: State Labor Code 6404.5, which was expanded to include bars, taverns and gaming clubs effective January 1, 1988, requires most places of business to be smoke-free. The Health and Human Services Agency provides information pertaining to the requirements of this law and makes referrals to appropriate agencies.

RECOMMENDATION: CHIEF ADMINISTRATIVE OFFICER 1. Waive Board Policy B-29, Fees, Grants, Revenue Contracts – Department Responsibility for Cost Recovery for the Comprehensive Tobacco Control Plan/ Tobacco Tax Health Education Revenue Agreement.

2. Approve submission to the State of the Comprehensive Tobacco Control Plan for Fiscal Years 2010-11, 2011-12 and 2012-13.

3. Approve and authorize the Clerk of the Board to execute upon receipt the Tobacco Tax Health Education Revenue Agreement with the California Department of Public Health in the amounts of $571,498 for the period July 1, 2010 through June 30, 2011, $531,350 for the period July 1, 2011 through June 30, 2012 and $490,239 for the period July 1, 2012 through June 20, 2013, for a total of $1,593,087, to provide tobacco education and prevention services.

4. Approve and authorize the Clerk of the Board to execute upon receipt the FY2010-11 Maternal, Child and Adolescent Health Title V Allocation agreement in the amount of $530,591 annually for FY 2010-11 through FY 2012-13 to provide Maternal and Child Health services.

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

12/08/09 22 SUBJECT:15. EMERGENCY PREPAREDNESS AND RESPONSE FUNDING (DISTRICTS: ALL)

OVERVIEW: The Board of Supervisors has placed a high priority on strengthening regional preparedness as reflected by prior Board action to improve the community’s ability to respond to public health emergencies. On October 13, 2009 (8) this Board authorized both sole source and competitive solicitations for multiple contracts to administer H1N1 Influenza vaccine in locations countywide in advance of an executed revenue agreement with the State. The Health and Human Services Agency was to return to the Board at a later date to request approval of the State revenue agreements and to appropriate funds.

Today’s action requests Board authorization to approve the State Revenue Agreements and accept the FY 2009-2010 public health emergency preparedness allocation and appropriate funds. This funding includes the County’s FY 2009-2010 allocations from the Centers for Disease Control and Prevention (CDC) and the Hospital Preparedness Program (HPP). Refer to Exhibit A for a breakdown of the allocations represented in both Revenue Agreements totaling $11,931,555, of which $7,180,927 require new appropriations. These funds are intended to bolster preparedness and response capabilities needed to protect the public and to reduce morbidity and mortality associated with public health emergencies including additional funding for Pandemic 2009 H1N1 Influenza.

Today’s action will also authorize the Department of Purchasing and Contracting to enter into negotiations with local healthcare providers, and subject to successful negotiations, enter into sole source contracts with these providers to further strengthen the County’s ability to rapidly detect and respond to natural or manmade public health emergencies.

FISCAL IMPACT: Funds for this request are partially included in the FY 2009-2011 Operational Plan in the amount of $4,750,628 for the on-going federal emergency preparedness grant funding. Funding related to H1N1 pandemic influenza response in the amount of $7,180,927 is not included in the Operational Plan. If approved, this request will result in current year cost and revenue of $11,931,555 in the Health and Human Services Agency. The funding sources are the Centers for Disease Control and Prevention ($10,234,190) and the U.S. Department of Health and Human Services, Assistant Secretary for Preparedness and Response ($1,697,365). There will be no change to net General Fund cost and no additional staff years in the Health and Human Services Agency budget.

BUSINESS IMPACT STATEMENT: N/A

12/08/09 23 RECOMMENDATION: CHIEF ADMINISTRATIVE OFFICER 1. Waive Board Policy B-29, Fees, Grants, Revenue Contracts – Department Responsibility for Cost Recovery.

2. Ratify and authorize the Clerk of the Board of Supervisors to execute two Revenue Agreements with the State of California, Department of Public Health totaling $11,931,555 for emergency preparedness programs including the H1N1 pandemic influenza response for the periods of July 1, 2009 through August 9, 2010, and July 31, 2009 through July 30, 2010, and all required documents, and to execute subsequent awards, extensions, amendments and revisions that do not materially impact program delivery.

3. Establish appropriations of $7,180,927 in the Health and Human Services Agency based on unanticipated revenue from the federal government specific to Pandemic 2009 H1N1 Influenza activities included in both Revenue Agreements with the State of California. (4 VOTES)

4. In accordance with Board Policy A-87, Competitive Procurement, authorize the Director, Department of Purchasing and Contracting, to enter into negotiations with regional hospitals, the Hospital Association of San Diego and Imperial Counties, and the Council of Community Clinics for emergency preparedness and response activities, and subject to successful negotiations and determination of a fair and reasonable price, enter into new contracts or amend existing contracts through June 30, 2011, with seven additional one year option periods through June 30, 2018, and up to an additional six months if necessary; and to amend the contracts as needed to reflect changes to services and funding, subject to the approval of the Director, Health and Human Services Agency. Waive the advertising requirement of A-87.

5. In accordance with Board Policy A-87, Competitive Procurement, authorize the Director, Department of Purchasing and Contracting, to enter into negotiations with First Watch, Inc. for epidemiology emergency preparedness and response activities, and subject to successful negotiations and determination of a fair and reasonable price, enter into new contracts or amend existing contracts through June 30, 2011, with seven additional one year option periods through June 30, 2018, and up to an additional six months if necessary; and to amend the contracts as needed to reflect

12/08/09 24 changes to services and funding, subject to the approval of the Director, Health and Human Services Agency. Waive the advertising requirement of A-87.

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. SUNSET REVIEW OF BOARD POLICIES AND AMENDMENTS TO BOARD POLICIES ASSIGNED TO THE COMMUNITY SERVICES GROUP (Board Policies and First Reading of Ordinances – 12/8/2009; Second Reading of Ordinances – 1/12/2010) (DISTRICTS: ALL)

OVERVIEW: In accordance with Board of Supervisors Policy A-76, Sunset Review, the County’s five business groups periodically review certain Board policies and applicable Articles of the County Administrative Code to ensure that obsolete policies and Code provisions are deleted, and that remaining policies and code provisions reflect current standards and practices. The Community Services Group recently reviewed the following six Board policies and two Articles of the Administrative Code:

Policy Number Name Board Policy B-39a Disabled Veterans Business Enterprise Program Board Policy F-23 Inclusion of Works of Art on Certain County Public Buildings Board Policy F-46 Authority to Name County Buildings and Facilities Board Policy G-1 Use of County Facilities by Employee Groups for Election of Officers Board Policy G-11 Use of County Facilities by Outside Organizations Board Policy G-12 Inclement Weather Shelter Plan for the Homeless Administrative Code Article XIII-B, Department of Animal Services Administrative Code Article XXIIb, Department of General Services This action requires two steps. On December 8, 2009, the Board will consider approving the amendment to these Board policies and Sections of the County Administrative Code. If the Board takes the action on December 8, 2009, in recommendation 4, then on January 12, 2010, the Board will adopt an Ordinance Amending Section 211.5 of the San Diego County Administrative Code Relating to the Department of Animal Services and an Ordinance Amending Section 398.5 of the San Diego County Administrative Code Relating to the Department of General Services.

12/08/09 25 FISCAL IMPACT: There is no fiscal impact associated with the recommended actions.

BUSINESS IMPACT STATEMENT: N/A

RECOMMENDATION: CHIEF ADMINISTRATIVE OFFICER On December 8, 2009: 1. Determine no change is necessary and approve the next sunset review date of December 31, 2016 for the following Board of Supervisors Policy:  G-1 -Use of County Facilities by Employee Groups for Election of Officers

2. Approve amendments to and the next sunset review date of December 31, 2015 for the following Board of Supervisors’ Policy:  B-39a - Disabled Veterans Business Enterprise Program

3. Approve amendments to and the next sunset review date of December 31, 2016 for the following Board of Supervisors’ Policies:  F-23 - Inclusion of Works of Art on Certain County Public Buildings  F-46 - Authority to Name County Buildings and Facilities  G-11 - Use of County Facilities by Outside Organizations  G-12 - Inclement Weather Shelter Plan for the Homeless

4. Approve the introduction of the Ordinances, (first reading), read title and waive further reading of the Ordinances:

AN ORDINANCE AMENDING SECTION 211.5 OF THE SAN DIEGO COUNTY ADMINISTRATIVE CODE RELATING TO THE DEPARTMENT OF ANIMAL SERVICES; and

AN ORDINANCE AMENDING SECTION 398.5 OF THE SAN DIEGO COUNTY ADMINISTRATIVE CODE RELATING TO THE DEPARTMENT OF GENERAL SERVICES.

If, on December 8, 2009, the Board takes the action in recommendation 4, then on January 12, 2010 (Second Reading):

12/08/09 26 Adopt the Ordinances.

ACTION: ON MOTION of Supervisor Cox, seconded by Supervisor Roberts, the Board took action as recommended, on Consent, introducing Ordinances for further Board consideration and adoption on January 12, 2010.

AYES: Cox, Jacob, Slater-Price, Roberts, Horn SUBJECT:17. DEPARTMENT OF GENERAL SERVICES, FLEET MANAGEMENT - AUTHORIZE ISSUANCE AND AWARD OF COMPETITIVE SOLICITATIONS FOR FORD MOTOR PRODUCTS AND CONTINUE STANDARDIZATION OF FLEET VEHICLES (DISTRICTS: ALL)

OVERVIEW: On December 14, 2004 (9), the Board approved continuance of standardization on Ford Motor products for an additional five years. The acquisition of standardized vehicles has been extremely successful and lowered operations costs for County departments. This is a request to extend the current authority to standardize fleet vehicles on Ford Motor products for an additional five years.

FISCAL IMPACT: Funds for this request are budgeted. The funding source is depreciation charges for services from County departments to the Fleet Services Internal Service Fund and is for an estimated annual expenditure of approximately $3,792,342 for vehicle acquisition beginning in fiscal year 2010-11 for a period of five years. The current fiscal year 2009-10 expenditure is estimated at approximately $3,326,952. The proposed action will result in no additional staff years.

BUSINESS IMPACT STATEMENT: Expenditures resulting from this action may create private sector jobs and economic opportunities through purchases of vehicles and equipment.

RECOMMENDATION: CHIEF ADMINISTRATIVE OFFICER 1. Find that the proposed action to continue standardization on Ford Motor products for an additional five years is categorically exempt from environmental review in accordance with Section 15061(b)(1) of the California Environmental Quality Act because it is not a project as defined by Section 15378.

2. In accordance with Board Policy A-87, Competitive Procurement, approve and authorize the Director, Purchasing and Contracting to issue and award competitive solicitations for Ford Motor products as part of the Fleet

12/08/09 27 Management standardization program, subject to approval of the Director of the Department of General Services. Waive the advertising requirement of Board Policy A-87.

3. Approve the continuation of the authority to standardize fleet vehicles on Ford Motor products for an additional five years.

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:18. ACCEPT AND APPROVE THE COUNTY OF SAN DIEGO REDEVELOPMENT AGENCY FISCAL YEAR 2008-09 ANNUAL REPORT (DISTRICTS: ALL)

OVERVIEW: This is a request to accept and approve the Fiscal Year 2008-09 Annual Report of the County of San Diego Redevelopment Agency and to authorize the Director of the Department of Housing and Community Development to transmit the Fiscal Year 2008-09 Annual Report of the County of San Diego Redevelopment Agency to the State Controller in order to comply with State reporting requirements for redevelopment agencies. Redevelopment agencies are required to submit an annual report to the State Controller for the purpose of providing financial data to the State Legislature and other interested parties.

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

BUSINESS IMPACT STATEMENT: N/A

RECOMMENDATION: CHIEF ADMINISTRATIVE OFFICER 1. Accept and approve the Fiscal Year 2008-09 Annual Report of the County of San Diego Redevelopment Agency.

2. Authorize the Director, Department of Housing and Community Development, to transmit the Fiscal Year 2008-09 Annual Report of the County of San Diego Redevelopment Agency to the State Controller by December 31, 2009.

(Relates to Redevelopment Agency Agenda No. 2)

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

12/08/09 28 AYES: Cox, Jacob, Slater-Price, Roberts, Horn SUBJECT:19. ACCEPTANCE OF A COMPREHENSIVE ECONOMIC DEVELOPMENT STRATEGY AND REQUEST TO SEEK ESTABLISHMENT OF AN ECONOMIC DEVELOPMENT DISTRICT (DISTRICTS: 1 & 2)

OVERVIEW: As part of the United States Department of Commerce, the Economic Development Administration (EDA) operates a number of grant programs in pursuit of its mission to generate and retain jobs, and stimulate growth in economically-distressed areas. In order to become eligible for grants that enhance economic development planning and infrastructure, and to pursue the designation of an Economic Development District (EDD), a Comprehensive Economic Development Strategy (CEDS) is required.

On September 18, 2007, the Board of Supervisors directed the Chief Administrative Officer to explore the feasibility of creating an EDD. Today’s action would be the first step toward moving in that direction.

Working in cooperation with the South County Economic Development Council, East County Economic Development Council, and other interested organizations in both San Diego and Imperial Counties, this Board Letter requests the acceptance of the Comprehensive Economic Development Strategy (CEDS), acknowledgement of the CEDS committee members, and authorization for the CEDS committee to send its report to the California State Planning Office and the Federal Economic Development Administration for final consideration. If approved at both levels, this proposed region will have a Comprehensive Economic Development Strategy and to pursue an EDD.

FISCAL IMPACT: These actions will result in the addition of no staff years and no future costs for the County.

BUSINESS IMPACT STATEMENT: N/A

RECOMMENDATION: CHAIRWOMAN JACOB AND SUPERVISOR COX 1. Accept the Comprehensive Economic Development Strategy (CEDS) prepared by members from San Diego County, Imperial County, South County Economic Development Council, East County Economic Development Council, Imperial Valley Economic Development Council and community members.

2. Acknowledge the committee members that prepared the Comprehensive Economic Development Strategy as listed on page 5 of the CEDS.

12/08/09 29 3. Request the CEDS committee to pursue the establishment of an Economic Development District (EDD) which would include portions of South and East San Diego County and all of Imperial County.

4. Authorize the Comprehensive Economic Development Strategy to be sent to the California State Planning Office and the Federal Economic Development Administration.

5. Amend section E (Goal 2 - Renewal energies initiative) in the CEDS report to add the following: Support renewable energy projects that are consistent with the requirements of the local land use jurisdiction and that are designed to minimize adverse effects to surrounding communities and the environment.

ACTION: Revising Recommendation No. 5 to read:

Amend section E (Goal 2 - Renewable energies initiative) in the CEDS report to add the following: Support renewable energy projects that are consistent with the requirements of the local land use jurisdiction and that are designed to minimize adverse effects to surrounding communities and the environment; and

Adding a recommendation to include Billie Jo Jannen as a member of the CEDS Committee;

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

AYES: Cox, Jacob, Slater-Price, Roberts, Horn SUBJECT:20. NEIGHBORHOOD REINVESTMENT PROGRAM AND COMMUNITY ENHANCEMENT AMENDMENT (DISTRICT: 1)

OVERVIEW: The County of San Diego is fortunate to have an opportunity to reinvest taxpayer money into our communities for the benefit of the public. This action will assist the County in meeting the needs of the community.

FISCAL IMPACT: The fiscal impact of these 7 grants is $ 129,335. These actions will result in the addition of no staff years and no future costs.

BUSINESS IMPACT STATEMENT: N/A

RECOMMENDATION: SUPERVISOR COX

12/08/09 30 1. Transfer appropriations of $25,000 from District 1 Neighborhood Reinvestment Program budget (Org 15650) to the Contributions to the County Library, Operating Transfer Out, to develop a feasibility study for the renovation and expansion of the Imperial Beach Library.

2. Establish appropriations of $25,000 in the County Library Fund for payment to the Major Maintenance ISF for developing a feasibility study for the renovation and expansion of the Imperial Beach Library based on an Operating Transfer from the General Fund.

3. Allocate $18,150 from Neighborhood Reinvestment Program budget (Org 15650) to the Family Health Centers of San Diego for office furniture, computer equipment, signage, cabinets, benches, art/tinting, floor machine and laboratory supplies for the Chula Vista Family Health Center.

4. Allocate $17,500 from Neighborhood Reinvestment Program budget (Org 15650) to the San Diego Food Bank to purchase and install a new phone system.

5. Allocate $30,000 from Neighborhood Reinvestment Program budget (Org 15650) to the Metropolitan Area Advisory Committee (MAAC) Project to purchase a new passenger van for the Nosotros Recovery Home Program.

6. Allocate $25,000 from Neighborhood Reinvestment Program budget (Org 15650) to the South Bay Family YMCA to assist with costs of renovating the swimming pools and purchasing pool supplies to bring the pools up to federal standards as a result of the Virginia Graham Baker Act.

7. Allocate $5,000 from Neighborhood Reinvestment Program budget (Org 15650) to the Downtown San Diego Partnership to purchase office supplies related to printing, copying, telephone and fax for their Downtown Community Court.

8. Allocate $8,685 from Neighborhood Reinvestment Program budget (Org 15650) to the MANA de San Diego to purchase computer equipment, projector and display stand and to support costs associated with upgrading and maintaining their website.

9. Amend the purpose of the April 7, 2009, Neighborhood Reinvestment Program allocation of $11,186 to LEAD San Diego to include the purchase and installation of servers and firewall. Authorize the Chief Financial Officer to amend the grant agreement accordingly.

10. Amend the purpose of the June 24, 2008, Community Enhancement allocation of $13,000 to the Bonita Historical Society to increase the

12/08/09 31 amount of the allocation for the advertising, event expenses, printing and copier expenses from $4,320 to $5,000 and decrease the amount of the allocation for the office supplies from $4,180 to $3,500. Authorize the Chief Financial Officer to amend the grant agreement accordingly.

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

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

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:21. ASSESSOR/RECORDER/COUNTY CLERK CONTRACTS TO SUPPORT IMAGING SYSTEM AND IMAGE DISTRIBUTION SERVICE CENTER (DISTRICTS: ALL)

OVERVIEW: The Assessor/Recorder/County Clerk (ARCC) operates an imaging system that is the backbone to the department’s document management and imaging system operations. Wave Technology Solutions Group (Wave TSG) custom developed this platform and is the sole vendor that can provide maintenance/support services and upgrades to this environment. This system is outside the scope of the information technology contract with Northrop-Grumman.

The Image Distribution Services (IDS) Center distributes images of the ARCC’s daily recordings to title companies. The software and related applications are proprietary to Wave TSG and have been custom developed to meet this department’s recorded document image propagation requirements.

The ARCC contracts with Wave TSG to maintain the document management and imaging system and the distribution of images to title companies. These contracts will expire on December 31, 2009. Approval of this request will allow the ARCC to continue to utilize Wave TSG’s services to insure the continuing operation and upgrades of the department’s document management and imaging system and to continue to provide digitized images to subscribing title companies.

FISCAL IMPACT: Funds for this request are included in the Fiscal Year 2009-10 Adopted Operational Plan. If approved, this request will result in $462,730 in current year costs and offsetting revenue. Subsequent estimated annual costs and revenue of $925,460 are anticipated over the term of the contract. The funding

12/08/09 32 source is recording revenues and Recorder’s Modernization Trust Fund. This request will require no additional staff years and no cost to the General Fund.

BUSINESS IMPACT STATEMENT: N/A

RECOMMENDATION: CHIEF ADMINISTRATIVE OFFICER 1. In accordance with Board Policy A-87, Competitive Procurement, approve and authorize the Director of Purchasing and Contracting to enter into negotiations with Wave TSG; and subject to successful negotiations and determination of a fair and reasonable price, award a contract for maintenance and support services for the ARCC’s document management and imaging system. The contract period will be for two and a half years (2-1/2) years, January 1, 2010 – June 30, 2012, and two (2) one-year option periods through June 30, 2014 and an additional six months if needed, and to amend the contract as needed to reflect changes to services and funding subject to the approval of the ARCC. Waive the advertising requirement of Board Policy A-87.

2. In accordance with Board Policy A-87, Competitive Procurement, approve and authorize the Director of Purchasing and Contracting to enter into negotiations with Wave TSG; and subject to successful negotiations and determination of a fair and reasonable price, award a contract for maintenance and support services for the Image Distribution Services (IDS) Center. The contract period will be for two and a half (2-1/2) years, January 1, 2010 - June 30, 2012, and two (2) one-year option periods through June 30, 2014 and an additional six months if needed, and to amend the contract as needed to reflect changes to services and funding subject to the approval of the ARCC. Waive the advertising requirement of Board Policy A-87.

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:22. SEALED BID SALE 2010 A SEALED BID TAX SALE OF TAX-DEFAULTED REAL PROPERTY (DISTRICTS: ALL)

OVERVIEW: This is a request to approve the proposed sale of 71 parcels of tax-defaulted real property at Sealed Bid Tax Sale 2010 on Friday, May 7, 2010, pursuant to Revenue and Taxation Code § 3691, et seq.

FISCAL IMPACT:

12/08/09 33 The selling price of each parcel will be used to redeem the defaulted and current year taxes, and all required fees and costs of sale. Any excess proceeds remaining after satisfaction of all redemption costs and fees will be retained in the defaulted tax sale trust fund for a period of one year following the date of the recordation of the tax deed. During that period, any party with a recorded lien interest in the property at the time of the sale may file a claim. Unclaimed excess proceeds shall be escheated (transferred) into the County’s General Fund.

BUSINESS IMPACT STATEMENT: N/A

RECOMMENDATION: TREASURER-TAX COLLECTOR Adopt the resolution approving the sale by Sealed Bid Sale No. 2010 of 71 San Diego County real estate parcels which became tax-defaulted on or before June 30, 2004, and are now subject to the Treasurer-Tax Collector’s Power to Sell pursuant to State Revenue and Taxation Code §3691.

Should a parcel not sell at the initial minimum bid as defined in Revenue and Taxation Code §3698.5, approve the Treasurer-Tax Collector discretion under Revenue and Taxation Code §3698.5(c), to offer the same property at next scheduled sale at a minimum price that the Treasurer-Tax Collector deems appropriate in light of the most current assessed valuation of that property or those interests or any unique circumstance with respect to that or those interests. Any parcel remaining unsold may be re-offered within a 90-day period in accordance with §3692(e) and any new parties of interest shall be notified in accordance with §3701.

ACTION: ON MOTION of Supervisor Cox, seconded by Supervisor Roberts, the Board took action as recommended, on Consent, adopting Resolution No. 09-239, entitled: A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF SAN DIEGO APPROVING A SEALED BID SALE OF TAX- DEFAULTED PROPERTY.

AYES: Cox, Jacob, Slater-Price, Roberts, Horn SUBJECT:23. PUBLIC ORAL AUCTION TAX SALE OF TAX- DEFAULTED PROPERTY (DISTRICTS: ALL)

OVERVIEW: This is a request to approve the proposed sale of 379 parcels of tax-defaulted real property at a Public Oral Auction Tax Sale No. 7028 on or about Friday, February 26, 2010, pursuant to Revenue and Taxation Code § 3691, et seq.

FISCAL IMPACT: The selling prices of each parcel will be used to redeem the defaulted and

12/08/09 34 current year taxes. It will also pay all required fees and costs of sale, which includes the Public Auction Tax Sale Fee of $240.00 imposed under San Diego County Administrative Code §364.4, which became effective August 1, 2004.

If there are excess proceeds remaining after satisfaction of all redemption costs and fees, they will be retained in the defaulted tax sale trust fund for a period of one year following the date of the recordation of the tax deed to the purchaser of the property. During that period, the excess proceeds may be claimed by any party of interest having a recorded lien interest in the property at the time of the sale. Unclaimed excess proceeds shall be escheated (transferred) into the County’s General Fund.

BUSINESS IMPACT STATEMENT: N/A

RECOMMENDATION: TREASURER-TAX COLLECTOR Adopt the resolution approving the sale by a Public Oral Auction Tax Sale 7028 of 379 San Diego County real estate parcels which became tax-defaulted on or before June 30, 2004, and are now subject to the Treasurer-Tax Collector’s Power to Sell pursuant to Revenue and Taxation Code §3691.

Should a parcel not sell at the initial minimum bid as defined in Revenue and Taxation Code §3698.5, approve the Treasurer-Tax Collector’s discretion under Revenue and Taxation Code §3698.5(c), to offer the same property at the same sale or next scheduled sale, at a minimum price that the Treasurer-Tax Collector deems appropriate in light of the most current assessed valuation of that property or property interests, or any unique circumstance with respect to that property or those interests. Any parcel remaining unsold may be re-offered within a 90-day period in accordance with §3692(e) and any new parties of interest shall be notified in accordance with §3701.

ACTION: ON MOTION of Supervisor Cox, seconded by Supervisor Roberts, the Board took action as recommended, on Consent, adopting Resolution No. 09-240, entitled: A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF SAN DIEGO APPROVING A PUBLIC ORAL AUCTION SALE OF TAX-DEFAULTED PROPERTY.

AYES: Cox, Jacob, Slater-Price, Roberts, Horn SUBJECT:24. CHAPTER VIII AGREEMENT TO PURCHASE TAX- DEFAULTED LAND #7026 CITY OF POWAY (DISTRICT: 2)

OVERVIEW: The City of Poway has offered to purchase one (1) parcel of tax-defaulted land to be used for open space preservation. In accordance with Chapter VIII of the

12/08/09 35 California Revenue and Taxation Code, we have prepared the proposed agreement for your approval.

FISCAL IMPACT: If approved, this request will result in no current year or annual cost. The total sales price of one (1) parcel included in this sale is $4,900.00. Proceeds from the parcels sold will be used to redeem the delinquent prior year and current year taxes, costs and fees. Any funds remaining after satisfaction of all taxes, fees and costs of sale will be retained in the delinquent tax sale trust fund for a period of one year following the recordation of the tax deed to the purchaser of the property. During that period, any party of interest in the property at the time of the sale may apply for the proceeds by submitting a claim. Unclaimed excess proceeds shall be eligible for escheatment into the County’s General Fund.

BUSINESS IMPACT STATEMENT: N/A

RECOMMENDATION: TREASURER-TAX COLLECTOR Adopt the resolution approving the sale by Agreement No. 7026 of one (1) parcel of land, subject to the Tax Collector’s Power to Sell for Defaulted Taxes to the City of Poway and authorizing execution of said Agreements (2 copies) by the Chairperson, attested by the Clerk of the Board of Supervisors.

ACTION: ON MOTION of Supervisor Cox, seconded by Supervisor Roberts, the Board took action as recommended, on Consent, adopting Resolution No. 09-241, entitled: A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF SAN DIEGO CONCERNING THE PROPOSED CHAPTER VIII AGREEMENT SALE OF TAX-DEFAULTED PROPERTY.

AYES: Cox, Jacob, Slater-Price, Roberts, Horn SUBJECT:25. CHAPTER VIII AGREEMENT TO PURCHASE TAX- DEFAULTED LAND #7027 ANZA-BORREGO FOUNDATION (DISTRICT: 5)

OVERVIEW: The Anza-Borrego Foundation has offered to purchase eight (8) parcels of tax- defaulted land to be used for open space preservation as part of Anza-Borrego Desert State Park. In accordance with Chapter VIII of the California Revenue and Taxation Code, we have prepared the proposed agreement for your approval.

FISCAL IMPACT: If approved, this request will result in no current year or annual cost. The total sales price of all eight (8) parcels included in this sale is $8,700.00. Proceeds

12/08/09 36 from the parcels sold will be used to redeem the delinquent prior year and current year taxes, costs and fees. Any funds remaining after satisfaction of all taxes, fees and costs of sale will be retained in the delinquent tax sale trust fund for a period of one year following the recordation of the tax deed to the purchaser of the property. During that period, any party of interest in the property at the time of the sale may apply for the proceeds by submitting a claim. Unclaimed excess proceeds shall be eligible for escheatment into the County’s General Fund.

BUSINESS IMPACT STATEMENT: N/A

RECOMMENDATION: TREASURER-TAX COLLECTOR Adopt the resolution approving the sale by Agreement No. 7027 of eight (8) parcels of land, subject to the Tax Collector’s Power to Sell for Defaulted Taxes to the Anza-Borrego Foundation and authorizing execution of said Agreements (2 copies) by the Chairperson, attested by the Clerk of the Board of Supervisors.

ACTION: ON MOTION of Supervisor Cox, seconded by Supervisor Roberts, the Board took action as recommended, on Consent, adopting Resolution No. 09-242, entitled: A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF SAN DIEGO CONCERNING THE PROPOSED CHAPTER VIII AGREEMENT SALE OF TAX-DEFAULTED PROPERTY.

AYES: Cox, Jacob, Slater-Price, Roberts, Horn SUBJECT:26. DELEGATION OF INVESTMENT AUTHORITY, TREASURER’S INVESTMENT POLICY AND APPOINTMENT OF TREASURY OVERSIGHT COMMITTEE MEMBERS (DISTRICTS: ALL)

OVERVIEW: Annually, your Board is requested to take several actions regarding the San Diego County investment pool. These actions include the annual delegation of investment authority to the Treasurer, review and approval of the Investment Policy, and appointment of Treasury Oversight Committee members.

FISCAL IMPACT: There is no fiscal impact associated with these actions.

BUSINESS IMPACT STATEMENT: N/A

RECOMMENDATION: TREASURER-TAX COLLECTOR

12/08/09 37 1. Approve the Resolution Delegating Investment Authority to the County Treasurer-Tax Collector, to delegate the investment authority to the County Treasurer for a one year period commencing on January 1, 2010 through December 31, 2010.

2. Review and approve the Treasurer’s Investment Policy as amended.

3. Confirm the appointment of Renee Wasmund as a non-voting member of the Treasury Oversight Committee, for a term ending December 31, 2012.

4. Confirm the appointment of Annette Hubbell as a voting member of the Treasury Oversight Committee, for a term ending December 31, 2012.

ACTION: ON MOTION of Supervisor Cox, seconded by Supervisor Roberts, the Board took action as recommended, on Consent, adopting Resolution No. 09-243, entitled: RESOLUTION DELEGATING INVESTMENT AUTHORITY TO THE COUNTY TREASURER-TAX COLLECTOR.

AYES: Cox, Jacob, Slater-Price, Roberts, Horn SUBJECT:27. ESCHEATMENT OF MONEY IN COUNTY TRUST FUNDS (COUNTYWIDE) (DISTRICTS: ALL)

OVERVIEW: This is a request for escheatment of specified unclaimed funds as provided for by California Government Code. Public Notice has been given by the Treasurer of San Diego County that the amount of $269,076.62 was deposited in trust funds in the Treasury of San Diego, was not the property of the County, and has remained unclaimed in the Treasury for over three years.

FISCAL IMPACT: If approved, this request will result in $269,076.62 of unanticipated general purpose revenue to be realized by the General Fund. This request will require the addition of no staff years.

BUSINESS IMPACT STATEMENT: N/A

RECOMMENDATION: TREASURER-TAX COLLECTOR Direct respective Departments to transfer $269,076.62 from County trust funds and deposit it as general purpose revenue in the County’s General Fund.

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

12/08/09 38 SUBJECT:28. ESCHEATMENT OF MONEY IN COUNTY TRUST FUNDS (PROPERTY TAX) (DISTRICTS: ALL)

OVERVIEW: This is a request to approve the escheatment of unclaimed tax refunds from 2000 to 2004, pursuant to sections 5097.2 and 5102 of the State Revenue and Taxation Code.

FISCAL IMPACT: If approved, this request will result in $247,072.47 of revenue to be realized by the General Fund. Appropriation and use of these funds will require subsequent action by the Board of Supervisors. The funding source is tax refunds. This request will result in no current year cost, no annual cost and will require the addition of no staff years.

BUSINESS IMPACT STATEMENT: N/A

RECOMMENDATION: TREASURER-TAX COLLECTOR Direct the Auditor and Controller to transfer $247,072.47 from the Refundable Tax Trust Funds and deposit in the County General Fund.

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:29. NOTICED PUBLIC HEARING: ISSUANCE OF OBLIGATIONS BY ABAG FINANCE AUTHORITY FOR NONPROFIT CORPORATIONS FOR CASA DE LAS CAMPANAS, INC. IN AN AGGREGATE AMOUNT NOT TO EXCEED $60,000,000 (DISTRICT: 3)

OVERVIEW: The County received a request from the ABAG Finance Authority for Nonprofit Corporations (“Authority”) to conduct a public hearing as required by the Internal Revenue Code and to approve the Authority’s issuance of revenue bonds in an aggregate principal amount not to exceed $60,000,000 (the “Bonds”), on behalf Casa de las Campanas, Inc. (the “Borrower”). The Borrower will use the proceeds of the Bonds to: refinance outstanding bonds (the “Series 2007 Bonds”), which were used for the acquisition, construction, installation, improvement, and equipping of a continuing care retirement community and attached skilled nursing facility located at 18655 West Bernardo Drive, San Diego, California 92127 (the “Facilities”), pay termination fees for a swap related to the Series 2007 Bonds, and fund new capital improvements to the Facilities (the “Project”).

12/08/09 39 The Authority is authorized to assist in financing of non-profit public benefit organizations wishing to issue tax-exempt revenue bonds, including the Borrower. In order to initiate such a financing, the member jurisdiction, i.e., the County of San Diego, must: (1) conduct a public hearing to satisfy the public approval requirement of Section 147(f) of the Internal Revenue Code; and (2) approve the Authority’s issuance of the Bonds. Although the Authority will be the issuer of the tax-exempt obligations for the Borrower, the financing cannot proceed without the approval of the County of San Diego. Similar approvals have been given to other issuances by the Authority.

FISCAL IMPACT: If approved, this proposal will result in $1,000 of unanticipated revenue to be used to reimburse the County for costs associated with this non-County financing.

Casa de las Campanas, Inc., the Borrower, will be responsible for the payment of all present and future costs in connection with the issuance of the Bonds. The County will incur no obligation of indebtedness as a result of these actions.

BUSINESS IMPACT STATEMENT: N/A

RECOMMENDATION: CHIEF ADMINISTRATIVE OFFICER 1. Pursuant to Section 147(f) of the Internal Revenue Code, hold a public hearing regarding the financing of the Project.

2. Adopt a resolution entitled:

RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF SAN DIEGO, CALIFORNIA, REGARDING APPROVAL OF TAX-EXEMPT REVENUE BONDS TO BE ISSUED BY THE ABAG FINANCE AUTHORITY FOR NONPROFIT CORPORATIONS TO REFINANCE THE ACQUISITION, CONSTRUCTION, INSTALLATION, IMPROVEMENT, AND EQUIPPING OF A CONTINUING CARE RETIREMENT COMMUNITY AND AN ATTACHED SKILLED NURSING FACILITY AND TO FINANCE CAPITAL IMPROVEMENTS THERETO, ALL OF WHICH ARE OR WILL BE OWNED AND OPERATED BY CASA DE LAS CAMPANAS, INC., A CALIFORNIA NONPROFIT PUBLIC BENEFIT CORPORATION

ACTION: ON MOTION of Supervisor Cox, seconded by Supervisor Roberts, the Board closed the Hearing and took action as recommended, on Consent, adopting

12/08/09 40 Resolution No. 09-244, entitled: RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF SAN DIEGO, CALIFORNIA, REGARDING APPROVAL OF TAX-EXEMPT REVENUE BONDS TO BE ISSUED BY THE ABAG FINANCE AUTHORITY FOR NONPROFIT CORPORATIONS TO REFINANCE THE ACQUISITION, CONSTRUCTION, INSTALLATION, IMPROVEMENT, AND EQUIPPING OF A CONTINUING CARE RETIREMENT COMMUNITY AND AN ATTACHED SKILLED NURSING FACILITY AND TO FINANCE CAPITAL IMPROVEMENTS THERETO, ALL OF WHICH ARE OR WILL BE OWNED AND OPERATED BY CASA DE LAS CAMPANAS, INC., A CALIFORNIA NONPROFIT PUBLIC BENEFIT CORPORATION.

AYES: Cox, Jacob, Slater-Price, Roberts, Horn SUBJECT:30. NOTICED PUBLIC HEARING: PARTICIPATION IN THE CALIFORNIAFIRST PROPERTY ASSESSED MUNICIPAL FINANCING PROGRAM FOR ENERGY EFFICIENCY AND ASSOCIATED ACTIONS (DISTRICTS: ALL)

OVERVIEW: On September 23, 2009 (15) your Board directed the Chief Administrative Officer to explore the total cost, benefits and feasibility of implementing the CaliforniaFIRST program, a statewide Property Assessed Clean Energy (PACE) program, in the County of San Diego. The CaliforniaFIRST Program is offered by California Communities, a joint powers authority sponsored by the League of California Cities and the California State Association of Counties.

County staff has determined that participation in the CaliforniaFIRST program is a cost-effective means of offering property owners the opportunity to reduce their energy and water use and promote clean energy sources by financing energy efficiency, water efficiency and renewable energy improvements and attaching payment to the owner’s property tax bill.

Today’s action will authorize the County’s participation in the CaliforniaFIRST program; authorizes Sacramento County, as fiscal agent selected by CaliforniaFIRST, to apply for and accept grant funding on the County’s behalf to lower the costs of participation in the program; directs the Chief Administrative Officer to communicate the County’s participation to the region’s 18 cities; and directs that funds for increased fee-waived permit activity be considered in the development of the Fiscal Years 2010-12 Proposed Operational Plan.

FISCAL IMPACT: Funds for participation in the CaliforniaFIRST program are not included in the Fiscal Year 2009-10 Operational Plan. If approved, this request will result in current year costs of $25,000 which may be offset by grant funding from the State Energy Program (SEP). Should the grant funding not be received, staff

12/08/09 41 will return to the Board at the time of the Fiscal Year 2009-10 second quarter budget status report with a request to appropriate the necessary funds using one-time resources.

The California FIRST program estimates that roughly half a staff position will be required for ongoing County support of the program. It is anticipated that an existing staff person will be able to carry out what is estimated to be a short- term responsibility. Funding may be available to the County through the administration fee charged by the California FIRST assessment district or through SEP grant funding.

Additionally, per Board direction, the County waives permit fees for photovoltaic installations; the current annual impact to General Fund for permit waivers is roughly $200,000. If the County’s participation in the CaliforniaFIRST program is approved, the increased cost to the General Fund could range from $100,000 - $300,000, depending on the number of permit applications for photovoltaic systems from participants in the California FIRST program. The potential increase in requests for permit fee waivers will be considered in the development of the Fiscal Years 2010-12 Proposed Operational Plan.

BUSINESS IMPACT STATEMENT: N/A

RECOMMENDATION: CHIEF ADMINISTRATIVE OFFICER 1. Adopt a resolution entitled:

RESOLUTION AUTHORIZING THE COUNTY OF SAN DIEGO TO JOIN THE CALIFORNIAFIRST PROGRAM; AUTHORIZING THE CALIFORNIA STATEWIDE COMMUNITIES DEVELOPMENT AUTHORITY TO ACCEPT APPLICATIONS FROM PROPERTY OWNERS, CONDUCT CONTRACTUAL ASSESSMENT PROCEEDINGS AND LEVY CONTRACTUAL ASSESSMENTS WITHIN THE TERRITORY OF THE COUNTY OF SAN DIEGO; AND AUTHORIZING RELATED ACTIONS.

2. Adopt a resolution entitled:

RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF SAN DIEGO, CALIFORNIA AUTHORIZING THE LEAD COLLABORATIVE ENTITY TO APPLY FOR FUNDS ON BEHALF OF THE COUNTY OF SAN DIEGO.

3. Direct the Chief Administrative Officer to communicate the County’s participation in the CaliforniaFIRST program to all cities in the San Diego

12/08/09 42 region.

4. Direct the Chief Administrative Officer to consider, as part of the development of the County’s Fiscal Year 2010-12 Operational Plan, any additional funding that may be needed to support photovoltaic permit fee waivers in the Department of Planning and Land Use as a result of increased solar installations from the CaliforniaFIRST program.

ACTION: ON MOTION of Supervisor Slater-Price, seconded by Supervisor Jacob, the Board closed the Hearing and took action as recommended, adopting Resolution No. 09-245, entitled: RESOLUTION AUTHORIZING THE COUNTY OF SAN DIEGO TO JOIN THE CALIFORNIA FIRST PROGRAM; AUTHORIZING THE CALIFORNIA STATEWIDE COMMUNITIES DEVELOPMENT AUTHORITY TO ACCEPT APPLICATIONS FROM PROPERTY OWNERS, CONDUCT CONTRACTUAL ASSESSMENT PROCEEDINGS AND LEVY CONTRACTUAL ASSESSMENTS WITHIN THE TERRITORY OF THE COUNTY OF SAN DIEGO; AND AUTHORIZING RELATED ACTIONS, and Resolution No. 09-246 entitled: RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF SAN DIEGO, CALIFORNIA AUTHORIZING THE LEAD COLLABORATIVE ENTITY TO APPLY FOR FUNDS ON BEHALF OF THE COUNTY OF SAN DIEGO.

AYES: Cox, Jacob, Slater-Price, Roberts, Horn SUBJECT:31. NOTICED PUBLIC HEARING: CONFLICT OF INTEREST CODE: VARIOUS AGENCIES (DISTRICTS: ALL)

OVERVIEW: The Board of Supervisors serves as the Code Reviewing Body for any Local Government Agency, other than Cities, with jurisdiction wholly within the county per Government Code Section 82011. The recommended action would approve the adopted Conflict of Interest Codes submitted by High Tech High and North County Gang Commission.

FISCAL IMPACT: N/A

BUSINESS IMPACT STATEMENT: N/A

RECOMMENDATION: CHIEF ADMINISTRATIVE OFFICER Approve the adopted Conflict of Interest Codes submitted by the following agencies: High Tech High

12/08/09 43 North County Gang Commission

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

AYES: Cox, Jacob, Slater-Price, Roberts, Horn SUBJECT:32. SUNSET REVIEW OF BOARD OF SUPERVISORS POLICIES AND COUNTY ADMINISTRATIVE CODE ARTICLES ASSIGNED TO THE FINANCE AND GENERAL GOVERNMENT GROUP (DISTRICTS: ALL)

OVERVIEW: In accordance with Board of Supervisors Policy A-76, Sunset Review, the Finance and General Government Group periodically reviews certain Board policies and provisions of the County Administrative Code to ensure that obsolete policies and Administrative Code provisions are deleted and remaining policies reflect current Board standards and practices. The actions requested in Recommendations 4, 5, 6 and 7 require two steps, approval of the first reading of the Ordinances on December 8, 2009 and adoption of the Ordinances on January 12, 2010.

FISCAL IMPACT: The requested actions will have no current year or annual cost and will not require any additional staff years.

BUSINESS IMPACT STATEMENT: N/A

RECOMMENDATION: CHIEF ADMINISTRATIVE OFFICER 1. Determine no change is necessary and approve a new sunset review date of December 31, 2016 for the following Board of Supervisors Policies:  A-4 Appointment of Directors to the California State Association of Counties  A-5 Appointment of Committee Members to Various State Committees  A-13 General Regulatory Regulation  A-108 Service of Summons and Complaints on Members of the Board of Supervisors in Lawsuits Against Individual Supervisors in their Official Capacity  A-120 Zero Tolerance for Fraudulent Conduct in County Services  C-22 Sexual Harassment Policy

2. Approve amendments to and new sunset review dates for the following

12/08/09 44 Board of Supervisors Policies:  A-76 Sunset Review Process  B-5 Delinquent County Accounts - Small Claims Actions by the Auditor and Controller, Office of Revenue and Recovery  B-71 Fund Balance and Reserves

3. Approve the deletion of the following Board of Supervisors Policy:  B-50 Authorization for the County Treasurer-Tax Collector to Act for the Board of Supervisors to Implement Revenue and Taxation Code Sections 3730, 3730.1 and 3731 to Provide for Refunds Relating to Sales of Tax-defaulted Property

4. Approve the introduction of the Ordinance (First Reading), read title and waive further reading of the Ordinance:

AN ORDINANCE AMENDING COUNTY OF SAN DIEGO ADMINISTRATIVE CODE ARTICLE V-A RELATING TO PROCESSING AND CERTIFICATION OF ROUTINE CLAIMS.

5. Approve the introduction of the Ordinance (First Reading), read title and waive further reading of the Ordinance:

AN ORDINANCE AMENDING COUNTY OF SAN DIEGO ADMINISTRATIVE CODE ARTICLE XXVII RELATING TO THE BOARD OF SUPERVISORS.

If the Board takes the action requested in Recommendations 4 and 5, then on January 12, 2010 (Second Reading):

Submit the Ordinances for further Board consideration and adoption (Second Reading).

ACTION: ON MOTION of Supervisor Cox, seconded by Supervisor Roberts, the Board took action as recommended, on Consent, introducing Ordinances for further Board consideration and adoption on January 12, 2010.

AYES: Cox, Jacob, Slater-Price, Roberts, Horn SUBJECT:33. FISCAL YEAR 2009-10 FIRST QUARTER OPERATIONAL PLAN STATUS REPORT AND BUDGET ADJUSTMENTS (DISTRICTS: ALL)

OVERVIEW: This report summarizes the status of the County’s Fiscal Year 2009-10 Operational Plan, as measured by projected year-end fund balance from current year operations. The projected balance for the General Fund is $60.0 million,

12/08/09 45 and for all budgetary funds combined, is $86.8 million. The projected balance in the General Fund reflects operational savings in the Health and Human Services Agency, Land Use and Environment Group, Community Services Group and Finance and General Government Group. These positive balances are offset by a projected operational shortfall in Public Safety due to an ongoing decline in Proposition 172 sales tax revenues driven by the economic recession wherein we’ve seen significant declines in consumer spending. In addition, the projected fund balance reflects the conservation of management and contingency reserves and projects that general purpose revenues will do better than estimated in the adopted budget.

This letter also recommends budget adjustments to make resource reallocations or to fund various one-time projects. In the Public Safety Group, adjustments include recommendations to establish appropriations in the Sheriff’s Department to complete the Net Records Management System project, support the regional infrastructure project for data sharing, and cancel appropriations and related trial court revenue in the Sheriff’s Department due to the reduction of funds available for Court Security Services. Other recommendations would transfer appropriations to the Department of Medical Examiner to provide funds for furniture, fixtures and equipment for the Medical Examiner’s portion of the new Medical Examiner and Forensic Center at the County Operations Center.

In the Land Use and Environment Group, significant adjustments include a request to re-establish appropriations for the Department of Public Work’s Solid Waste Planning and Recycling program, and transfer appropriations to the Department of Agriculture, Weights and Measures to provide funds for furniture, fixtures and equipment to outfit the Vector Disease Diagnostic Laboratory and Veterinarian portion of the new Medical Examiner and Forensic Center at the County Operations Center. Other adjustments include the transfer of funds to augment capital projects (e.g., Oakoasis Park Improvement project, Felicita Park Improvement project, Oak Country II Trail project, MSCP acquisitions, and San Luis Rey River Park Planning/Development). In addition, a request is submitted to increase the fund balance designation within the General Fund for Environmental Health based on excess revenues from fees and permits in Fiscal Year 2008-09.

In the Community Services Group, two positions are recommended to be transferred to the Purchasing and Contracting Internal Service Fund (P&C ISF) from the Health and Human Services Agency with a corresponding amendment to the P&C ISF spending plan to improve support for HHSA procurement activities. Further, a request is included to amend the Facilities Management Internal Service Fund spending plan to complete the remaining tasks for the final transfer of maintenance and operations responsibilities of court facilities to the State. In addition, this letter includes a request to amend the Fiscal Year 2009-10 Major Maintenance Internal Service Fund Spending Plan by canceling

12/08/09 46 appropriations as part of a technical adjustment to correct for appropriations that were both in the carry forward budget and in the Fiscal Year 2009-10 Operational Plan.

In the Finance and General Government Group, adjustments include an amendment to the Fiscal Year 2009-10 Information Technology ISF spending plan to reflect anticipated spending levels and a recommendation to establish one-time appropriations to purchase information technology hardware and software to support Treasury operations.

FISCAL IMPACT: The funds for a portion of these requests are not budgeted. If approved, these actions will cancel budgeted appropriations and the related sources of funding in the amount of $323,437 in the General Fund and will establish additional appropriations of $3,419,576 in the General Fund, resulting in a net increase in appropriations of $3,096,139 in the General Fund. The funding sources include unanticipated revenue from the AB189 Criminal Justice Facility Construction Fund, the General Fund Fiscal Year 2008-09 fund balance, unanticipated revenue from the Department of Conservation (DOC) Competitive Multifamily Complex Recycling Program, and miscellaneous other revenue sources.

In addition to the General Fund, these actions will cancel budgeted appropriations and the related funding sources in the amount of $7,596,875 in all other funds and will establish additional appropriations of $12,830,783 resulting in a net increase in appropriations of $5,233,908 in all the other funds combined. Funding sources include charges for services, various capital project funding adjustments, and miscellaneous other sources.

BUSINESS IMPACT STATEMENT: N/A

RECOMMENDATION: CHIEF ADMINISTRATIVE OFFICER 1. Accept the Fiscal Year 2009-10 first quarter report on projected year-end results.

2. Cancel appropriations of $775,000 and related Operating Transfer from the General Fund in the Justice Facility Construction Fund for Capital Project 1006566, Medical Examiner and Forensic Center, to provide funds for the Department of Medical Examiner for furniture, fixtures and equipment (FFE) related to the new Medical Examiner and Forensic Center.

3. Transfer appropriations of $775,000 from the Contributions to Capital

12/08/09 47 Outlay Fund, Operating Transfer Out, to the Department of Medical Examiner for furniture, fixtures and equipment (FFE).

4. Establish appropriations of $109,860 in the Sheriff’s Department, services and supplies, for contracting for services with Psychiatric Emergency Response Team, Inc., based on unanticipated revenue from the Indian Gaming Local Community Benefit Committee. (4 VOTES)

5. Establish appropriations of $63,000 in the Sheriff’s Department, services and supplies, for law enforcement services, based on Public Safety Group’s Fiscal Year 2008-09 fund balance available. (4 VOTES)

6. Establish appropriations of $244,756 in the Sheriff’s Department, services and supplies, for a regional infrastructure project, based on unanticipated revenue from the Office of Community Oriented Policing Services (COPS). (4 VOTES)

7. Establish appropriations of $1,212,283 in the Sheriff’s Department, services and supplies, to complete the Net Records Management System project, based on unanticipated revenue from the AB189 Criminal Justice Facility Construction Fund. (4 VOTES)

8. Cancel appropriations of $323,437 in salaries and benefits and related trial court revenue in the Sheriff’s Department due to the reduction of funds available for Court Security Services in the Fiscal Year 2009-10 State Budget.

9. Amend the Fiscal Year 2009-10 Department of Public Works Internal Service Fund – Equipment Acquisition Airport Fund Spending Plan in the amount of $65,000 to provide funding for the replacement purchase of one dump truck based on fund balance available.

10. Amend the Fiscal Year 2009-10 Airport Enterprise Fund Spending Plan by transferring $140,000 from the Palomar Airport Blast Fence Project to the Palomar Airport Auto Parking Lot Project.

11. Amend the Fiscal Year 2009-10 Airport Enterprise Fund Spending Plan by transferring $150,000 from the Palomar Drainage Improvement Project to the Palomar Airport Terminal Building Project.

12. Amend the Fiscal Year 2009-10 Airport Enterprise Fund Spending Plan by transferring $5,000 from the Palomar Airport Terminal Apron Project to the Palomar Airport Auto Parking Lot Control System Project.

13. Cancel appropriations of $30,913.27 and related Operating Transfer from the General Fund in the Capital Outlay Fund for Capital Project 1000232,

12/08/09 48 Oakoasis Log House Restoration, to provide funding for the Oakoasis Park Improvement project.

14. Establish appropriations of $30,913.27 in the Capital Outlay Fund for Capital Project 1012152, Oakoasis Park Improvement project, based on an Operating Transfer from the General Fund. (4 VOTES)

15. Cancel appropriations of $1,000,000 and related Operating Transfer from the General Fund in the Capital Outlay Fund for Capital Project 1011446, Felicita Wedding Area Improvements, to provide funding for the Felicita Park Improvements project.

16. Cancel appropriations of $100,000 and related Operating Transfer from the Escondido PLDO Fund in the Capital Outlay Fund for Capital Project 1000276, Felicita Parking Lot Restoration, to provide funding for Capital Project 1004981, Felicita Park Improvements project.

17. Establish appropriations of $1,100,000 in the Capital Outlay Fund for Capital Project 1004981, Felicita Park Improvements project, based on Operating Transfers from the General Fund ($1,000,000) and Escondido PLDO Fund ($100,000). (4 VOTES)

18. Authorize the Auditor and Controller to discharge an accounts receivable of $38,076.61 in the Capital Outlay Fund, due from Proposition 40 Per Capita Grant funds for project costs that will not be reimbursed by the State for the Trans-County Trail Acquisition project.

19. Authorize the Auditor and Controller to discharge an accounts receivable of $2,316.93 in the Capital Outlay Fund, due from Proposition 40 Per Capita Grant funds for project costs that will not be reimbursed by the State for the Trans County Trail project.

20. Transfer appropriations of $40,393.54 from Department of Parks and Recreation, service and supplies, to the Contributions to Capital Outlay Fund, Operating Transfer Out, to provide funds for costs that will not be reimbursed by the grant agency for Capital Project 1011720, Trans County Trail Acquisition ($38,076.61) and Capital Project 1011721, Trans County Trail Development ($2,316.93).

21. Establish estimated revenue of $40,393.54 in the Capital Outlay Fund for Capital Project 1011720 - Trans County Trail Acquisition ($38,076.61) and Capital Project 1011721 - Trans County Trail Development ($2,316.93), based on an Operating Transfer from General Fund.

22. Cancel appropriations of $750.00 and related revenue from Proposition 40 Per Capita Grant funds in the Capital Outlay Fund for Capital Project

12/08/09 49 1011720, Trans-County Trail Acquisitions, to provide funds for the Oak Country II Trail project.

23. Establish appropriations of $750.00 in the Capital Outlay Fund for Capital Project 1013683, Oak Country II Trail project, based on unanticipated revenue from Proposition 40 Per Capita Grant funds. (4 VOTES)

24. Cancel appropriations of up to $48,500 and related Operating Transfer from the General Fund in the Capital Outlay Fund for Capital Project 1007108, San Luis Rey River Park Acquisition, to provide funding for the MSCP Acquisitions.

25. Establish appropriations of up to $48,500 in the Capital Outlay Fund for Capital Project 1000012, MSCP Acquisitions, based on an Operating Transfer from the General Fund. (4VOTES)

26. Cancel appropriations of $2,625,000 and related Operating Transfer from the General Fund in the Capital Outlay Fund for Capital Project 1007108, San Luis Rey River Park Acquisition, to provide funding for the San Luis Rey River Park Planning/Development project.

27. Establish appropriations of $2,625,000 in the Capital Outlay Fund for Capital Project 1000036, San Luis Rey River Park Planning/Development, based on an Operating Transfer from the General Fund. (4 VOTES)

28. Transfer appropriations of $2,199.85 within the Fallbrook PLDO Fund, from Operating Transfer Out to services and supplies, for park planning and development.

29. Transfer appropriations of $449.77 within the Valle De Oro PLDO Fund, from Operating Transfer Out to services and supplies, for park planning and development.

30. Establish appropriations of $27,500 in CSA 107 Elfin Forest Fire Protection, services and supplies, for a cell site at the fire station based on unanticipated rent revenue. (4 VOTES)

31. Authorize the Auditor and Controller to increase the fund balance designation within the General Fund for Environmental Health by $410,769 based on Land Use and Environment Group’s Fiscal Year 2008-09 fund balance available. (4 VOTES)

32. Cancel appropriations of $910,000 and related Operating Transfer from the General Fund in the Justice Facility Construction Fund for Capital Project

12/08/09 50 1006566, Medical Examiner and Forensic Center, to provide funds for furniture, fixtures and equipment (FFE) for the Center’s new Vector Disease Diagnostic Laboratory and Veterinarian facility.

33. Transfer appropriations of $910,000 from the Contributions to Capital Outlay Fund, Operating Transfer Out, to the Department of Agriculture, Weights and Measures (Vector Disease Diagnostic Laboratory and County Veterinarian) for furniture, fixtures and equipment (FFE).

34. Establish appropriations of $310,000 in the Department of Public Work’s Solid Waste Planning and Recycling Program, services and supplies, for the Recycling Program based on unanticipated revenue from the Department of Conservation (DOC) Competitive Multifamily Complex Recycling Program. (4 VOTES)

35. Ratify the amendment to the Fiscal Year 2008-09 Internal Service Fund - Equipment Operations Fund Spending Plan in the amount of $4,659 for the ISF Auto Maintenance account based on fund balance available.

36. Ratify an increase in appropriations of $14,000 to the Fiscal Year 2008-09 budget for PRD 55 - Rainbow Crest Capra Way, services and supplies, for road maintenance based on fund balance available.

37. Ratify an increase in appropriations of $175.00 to the Fiscal Year 2008-09 budget for PRD 1016 - El Sereno Way for professional and specialized services based on fund balance available.

38. Ratify a transfer of appropriations of $37,608 within the Fiscal Year 2008- 09 budget for the CSA 112 – Campo Fire Protection Fund, from the Campo Fire Station Capital Project to Major Maintenance, to properly account for a major maintenance project.

39. Authorize the transfer of two Office Assistant positions from the Health and Human Services Agency (HHSA) to the Community Services Group, Purchasing and Contracting Department, to support on-going HHSA procurement activities.

40. Amend the Fiscal Year 2009-10 Purchasing and Contracting Internal Service Fund Spending Plan in the amount of $193,360 to provide funding for the transfer of two Office Support positions from the Health and Human Services Agency based on charges for services to the General Fund.

41. Amend the Fiscal Year 2009-10 Major Maintenance Internal Service Fund Spending Plan by canceling appropriations of $2,106,265 and related

12/08/09 51 charges for services to the General Fund to correct duplicate budgeting for planned projects.

42. Establish appropriations of $500,000 in Contributions to Trial Court, services and supplies, for payment to the Facilities Management Internal Service Fund for costs related to the court facilities transfer based on Fiscal Year 2008-09 General Fund fund balance available. (4 VOTES)

43. Amend the Fiscal Year 2009-10 Department of General Services’ Facilities Management Internal Service Fund Spending Plan in the amount of $500,000 to provide funding for the transfer of court facilities to the Judicial Council of California based on charges for services to the General Fund.

44. Transfer appropriations of $5,067.53 within the Library Fund, from Operating Transfer Out to services and supplies, for other library expenditures.

45. Ratify the transfers of appropriations of $881,684 within the Fiscal Year 2008-09 budget for the Department of General Services’ Facilities Management Internal Service Fund from salaries and benefits and other charges to Operating Transfer Out to record the liability of the loan proceeds from the California Energy Commission.

46. Amend the Fiscal Year 2009-10 Information Technology Internal Service Fund Spending Plan by $8,239,759.25 to reflect anticipated spending levels based on charges to the General Fund.

47. Establish appropriations of $373,000 in the Treasurer-Tax Collector’s Department, services and supplies, for the one-time purchase of information technology hardware and software based on Banking Services Pooled Revenue. (4 VOTES)

48. Establish appropriations of $200,000 in Board of Supervisors District 1 for one-time expenses in services and supplies based on Finance and General Government Group’s Fiscal Year 2008–2009 fund balance available. (4 VOTES)

49. Establish appropriations of $6,677 in Board of Supervisors District 3 for one-time expenses in salaries and benefits based on Finance and General Government Group’s Fiscal Year 2008–2009 fund balance available. (4 VOTES)

50. Establish appropriations of $200,000 in Board of Supervisors District 4 for one-time expenses in services and supplies based on Finance and General

12/08/09 52 Government Group’s Fiscal Year 2008–2009 fund balance available. (4 VOTES)

51. Establish appropriations of $200,000 in Board of Supervisors District 5 for one-time expenses in services and supplies based on Finance and General Government Group’s Fiscal Year 2008–2009 fund balance available. (4 VOTES)

52. Cancel appropriations of $447.20 and related Operating Transfer from the General Fund in the Library Capital Outlay Fund for Capital Project 1000109, Ramona Senior Center Predevelopment/Acquisition, due to project completion.

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

AYES: Cox, Jacob, Slater-Price, Roberts, Horn SUBJECT:34. AMENDMENTS TO THE COMPENSATION ORDINANCE (DISTRICTS: ALL)

OVERVIEW: The proposed amendments to the San Diego County Compensation Ordinance are part of the ongoing effort to manage and maintain a skilled and competent workforce dedicated to sustaining operational excellence and serving the public. These amendments include: designating classifications as “Terminal”, deleting obsolete classifications, amending sections of the Compensation Ordinance pertaining to bilingual premiums, work equipment, and poll worker stipends, and repealing a section of the Compensation Ordinance pertaining to Firestorm 2007.

FISCAL IMPACT: This request would result in savings of approximately $120,000 for the Registrar of Voters (ROV) in Fiscal Year 2009-10 for the June 8, 2010 Primary Election. Currently, the ROV leases cell phones for use by Precinct Inspectors on Election Day for troubleshooting purposes. This board action would authorize the ROV to pay Precinct Inspectors a stipend of $5.00 to use their personal cell phones on Election Day, which is significantly less expensive then leasing the cell phones. These amendments will have no negative effect on the funding status of the San Diego County Employees Retirement System (SDCERA).

BUSINESS IMPACT STATEMENT: N/A

RECOMMENDATION: CHIEF ADMINISTRATIVE OFFICER

12/08/09 53 Approve introduction (first reading) of ordinance; read title and waive further reading of ordinance (MAJORITY VOTE):

AN ORDINANCE AMENDING THE COMPENSATION ORDINANCE.

Submit ordinance for further Board consideration and adoption (Second Reading) on January 12, 2010.

ACTION: ON MOTION of Supervisor Cox, seconded by Supervisor Roberts, the Board took action as recommended, on Consent, introducing Ordinance for further Board consideration and adoption on January 12, 2010.

AYES: Cox, Jacob, Slater-Price, Roberts, Horn SUBJECT:35. 2010 LEGISLATIVE PROGRAM (DISTRICTS: ALL)

OVERVIEW: This is a request for Board direction to the Office of Strategy and Intergovernmental Affairs staff and the County of San Diego’s Sacramento and Washington, D.C. representatives regarding the 2010 Legislative Program.

FISCAL IMPACT: N/A

BUSINESS IMPACT STATEMENT: N/A

RECOMMENDATION: CHIEF ADMINISTRATIVE OFFICER Adopt the proposed 2010 Legislative Program by taking the following actions: 1. Authorize staff to pursue the legislative proposals summarized in the Sponsorship section of the 2010 Legislative Program (Attachment A).

2. Authorize staff to pursue state and federal legislative efforts as detailed in the Priority issues section of the 2010 Legislative Program (Attachment B).

3. Authorize staff to advocate as directed in the Legislative Policy Guidelines section of the 2010 Legislative Program (Attachment C).

ACTION: Adding the following recommendation: Add to our Legislative Program to support adequate and ongoing federal funding of targeted assistance social services programs to effectively resettle and reduce welfare dependency and increase self sufficiency among refugees in the impacted areas.

12/08/09 54 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:36. FIRMS SELECTED TO INTERVIEW FOR FINAL SELECTION OF A FIRM TO PROVIDE WASHINGTON, D.C. REPRESENTATION (DISTRICTS: ALL)

OVERVIEW: On November 24, 2009, the ad hoc Source Selection Committee appointed by the Board of Supervisors for the procurement of a firm to provide Washington, D.C. representation issued the Source Selection Committee report (Attachment A) recommending to the Source Selection Authority, the Board of Supervisors, the following firms for consideration: Ball Janik LLP Thomas Walters & Associates, Inc. Van Scoyoc Associates Inc.

The Department of Purchasing and Contracting was directed to invite each firm to provide a presentation to the Board of Supervisors at the December 8, 2009, 2:00 pm Board meeting to assist the Board in making its selection of the County’s Washington, D.C. Representative.

FISCAL IMPACT: Funds for this request are included in the Fiscal Year 2009-10 Operational Plan in the Chief Administrative Office. If approved, this request will result in estimated costs of $476,000 in Fiscal Year 2009-10 and estimated costs of $476,000 in Fiscal Year 2010-11. The funding source is General Purpose Revenue. There will be no change in net General Fund Cost and no additional staff years.

BUSINESS IMPACT STATEMENT: N/A

RECOMMENDATION: SOURCE SELECTION COMMITTEE 1. Hear the presentations of each of the selected firms.

2. Select one firm from the following list to be the County’s Washington, D.C. Representative: Ball Janik LLP Thomas Walters & Associates, Inc. Van Scoyoc Associates Inc.

3. Direct the Director, Department of Purchasing and Contracting, to

12/08/09 55 negotiate, and upon successful negotiations, enter into a contract with the selected firm for representation service in Washington, D.C. for an initial term of January 1, 2010 through December 31, 2010, with four two-year County options.

36.1 ACTION: The Board heard from the following firms: Ball Janik LLP Thomas Walters & Associates, Inc. Van Scoyoc Associates Inc.

36.2 ACTION: The Board cast the following votes: Chairwoman Jacob voted for: Van Scoyoc Associates Inc. Vice Chairwoman Slater-Price voted for: Van Scoyoc Associates Inc. Supervisor Cox voted for: Van Scoyoc Associates Inc. Supervisor Roberts voted for: Van Scoyoc Associates Inc. Supervisor Horn voted for: Thomas Walters & Associates, Inc. Selected Van Scoyoc Associates Inc. to be the County’s Washington, D.C. Representative.

36.3 ACTION: ON MOTION of Supervisor Cox, seconded by Supervisor Horn, the Board directed the Director, Department of Purchasing and Contracting, to negotiate, and upon successful negotiations, enter into a contract with the selected firm for representation service in Washington, D.C. for an initial term of January 1, 2010 through December 31, 2010, with four two-year County options.

AYES: Cox, Jacob, Slater-Price, Roberts, Horn SUBJECT:37. GMS 2.0: CREATING OUR FUTURE (DISTRICTS: ALL)

OVERVIEW: In 2008, the County launched an innovative, enterprise-wide initiative called GMS 2.0, which was designed to help our organization and County workers not only manage the rapidly-increasing pace of change occurring in the world around us, but to embrace these changes and use them to become more efficient and improve how we do the public’s business. The initiative builds on the County’s General Management System (GMS) and its business disciplines while adding a new emphasis that promotes flexibility, adaptability and change. In the 18 months since GMS 2.0 was initiated, employees at all levels of the organization have identified changes affecting their workplace and customers, analyzed the impact of new trends and improved business processes to better respond to emerging issues and take advantage of technology tools.

12/08/09 56 This presentation provides an overview of the GMS 2.0 activities that have taken place since July 2008, how these activities have changed the way we do business and how we have improved services to County residents, as a result.

FISCAL IMPACT: There is no fiscal impact.

BUSINESS IMPACT STATEMENT: N/A

RECOMMENDATION: CHIEF ADMINISTRATIVE OFFICER Receive a presentation on highlights of the County of San Diego’s GMS 2.0 Initiative.

ACTION: Received presentation. SUBJECT:38. 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

12/08/09 57 SUBJECT:39. ADMINISTRATIVE ITEM: SECOND CONSIDERATION AND ADOPTION OF ORDINANCE: CLERK OF THE BOARD OF SUPERVISORS FEES (DISTRICTS: ALL)

OVERVIEW: On November 3, 2009 (18), the Board of Supervisors introduced Ordinance for further Board consideration and adoption on December 8, 2009.

This action introduced an ordinance amending Article X-A of the San Diego County Administrative Code relating to fees charged by the Clerk of the Board of Supervisors.

The Clerk of the Board of Supervisors has improved the delivery of certain public services and is proposing to implement and revise fees related to passport photo services, copies of audio recordings, and photo copies of public records. Additionally, it is proposed that in order to provide faster and better service and reduce mailing and printing costs, modify previous Board of Supervisors action to direct the Clerk of the Board of Supervisors to discontinue hard copy mailing and make Board of Supervisors agenda, late agenda, and back-up materials available to the chairs and members of Community Planning and Sponsor Groups through the GovDelivery subscription service.

FISCAL IMPACT: The proposed fee increases will ensure full cost recovery for services provided. If approved, this request will result in $3,000 in savings in the Board General Office budget, an increase of $18,000 in revenue in the Clerk of the Board of Supervisors budget, and will require no additional staff years.

BUSINESS IMPACT STATEMENT: The proposed new fees are considered reasonable and too small to have a measurable impact on the local business community.

RECOMMENDATION: CHIEF ADMINISTRATIVE OFFICER Adopt Ordinance entitled:

AN ORDINANCE AMENDING ARTICLE X-A OF THE SAN DIEGO COUNTY ADMINISTRATIVE CODE BY REVISING SECTIONS 162.2, 162.3, AND REPEALING SECTION 160.6 OF THE ADMINISTRATIVE CODE RELATING TO FEES CHARGED BY THE CLERK OF THE BOARD OF SUPERVISORS.

12/08/09 58 ACTION: ON MOTION of Supervisor Cox, seconded by Supervisor Roberts, the Board took action as recommended, on Consent, adopting Ordinance No. 10022 (N.S.) entitled: AN ORDINANCE AMENDING ARTICLE X-A OF THE SAN DIEGO COUNTY ADMINISTRATIVE CODE BY REVISING SECTIONS 162.2, 162.3, AND REPEALING SECTION 160.6 OF THE ADMINISTRATIVE CODE RELATING TO FEES CHARGED BY THE CLERK OF THE BOARD OF SUPERVISORS.

AYES: Cox, Jacob, Slater-Price, Roberts, Horn SUBJECT:40. ADMINISTRATIVE ITEM: APPOINTMENTS (DISTRICTS: ALL)

OVERVIEW: These appointments are in accordance with applicable Board Policy A–74, “Citizen Participation in County Boards, Commissions and Committees”, Board Policy I–1, “Planning and Sponsor Group Policies and Procedures,” and Board Policy A-77, “Appointments to Fill Vacancies and Cancellation of Election where Insufficient Nominations Filed Prior to Uniform District Election and Citizen Planning Group Election.”

FISCAL IMPACT: N/A

BUSINESS IMPACT STATEMENT: N/A

RECOMMENDATION: 1. CHAIRWOMAN JACOB Waive Board Policy A-74, Citizen Participation in County Boards, Commissions and Committees and re-appoint Carol Skiljan to the First 5 Commission, Member-at-Large, for a term to expire December 7, 2011.

Appoint Joseph F. Cebe to the Fly Abatement and Appeals Board, for a term to expire April 10, 2012.

Appoint Carole Norman to the HIV Health Services Planning Council, for a term to expire December 8, 2013.

Re-appoint Jene Calloway to the Lake Cuyamaca Recreation and Park District, for a term to expire November 2, 2013.

Re-appoint Phyllis Trombi to the Gillespie Field Development Council, as Chairwoman, for a term to expire December 7, 2013.

Re-appoint Hewitt Jonathan McCloskey to the Board of Retirement, for a term

12/08/09 59 to expire June 30, 2012.

SUPERVISOR PAM-SLATER-PRICE Waive Board Policy A-74, Citizen Participation in County Boards, Commissions and Committees and re-appoint Patricia Conway to the North County Cemetery District, for a term to expire January 4, 2014.

SUPERVISOR HORN Appoint John Crouch to the Fallbrook Community Planning Group, Seat No. 14, for a term to expire January 3, 2011.

Waive Board Policy A-74, Citizen Participation in County Boards, Commissions and Committees and re-appoint Frank Valleta to the Assessment Appeals Board 3, for a term to expire September 3, 2012.

Re-appoint Barbara Rohrer to the I-15 Corridor Design Review Board, Seat No. 4, for a term to expire May 15, 2011.

Appoint Robert Davis to the Valley Center Community Planning Group, Seat No. 14, for a term to expire January 3, 2011.

CHIEF ADMINISTRATIVE OFFICE Waive Board Policy A-74, Citizen Participation in County Boards, Commissions and Committees and appoint Michael P. Hall to the Past Grand Jurors Association Implementation Review Commission, for a term to expire December 31, 2011.

Re-appoint Meredith Avery to the Past Grand Jurors Association Implementation Review Commission, for a term to expire December 31, 2011.

Re-appoint Julius Katz to the Past Grand Jurors Association Implementation Review Commission, for a term to expire December 31, 2011.

Re-appoint Rick Strait to the Past Grand Jurors Association Implementation Review Commission, for a term to expire December 31, 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

12/08/09 60 SUBJECT:41. NEIGHBORHOOD REINVESTMENT GRANTS AND COMMUNITY ENHANCEMENT AMENDMENT (DISTRICT: 5)

OVERVIEW: Neighborhood Reinvestment Program funding assists non-profit organizations in providing essential services to citizens of San Diego County. Reinvesting taxpayer money in worthwhile organizations is a benefit to the citizens and communities of North County.

FISCAL IMPACT: The fiscal impact of these recommendations is $321,133. The funding source is the Neighborhood Reinvestment budget (15670). This action will result in the addition of no new staff years and no future costs.

BUSINESS IMPACT STATEMENT: N/A

RECOMMENDATION: SUPERVISOR HORN 1. Allocate $50,000 from the Neighborhood Reinvestment budget (15670) to TERI, Inc. to help cover the costs of construction and development of the Parham House.

2. Allocate $10,000 from the Neighborhood Reinvestment budget (15670) to the Carlsbad Chamber of Commerce to cover the costs of marketing, venue, travel, food, entertainment, professional services and supplies for the Job Fair and Business Expo on November 12, 2009.

3. Allocate $15,000 from the Neighborhood Reinvestment budget (15670) to the Fairbanks Ranch Association to provide scholarships for teens to attend a driving safety program.

4. Allocate $47,633 from the Neighborhood Reinvestment budget (15670) to Alpha Project for the Homeless, Inc. to fund the purchase of a van and converting the van to wheelchair accessible.

5. Allocate $10,000 from the Neighborhood Reinvestment budget (15670) to the Valley Center Chamber of Commerce to cover the costs of the parade and six marching bands performing at the annual Western Days celebration.

6. Allocate $45,000 from the Neighborhood Reinvestment budget (15670) to the Fallbrook Area Visitors Bureau to cover the marketing consultant and programming fees for the “The Good Life” promotional campaign and to cover the costs of marketing, venue, travel, food, entertainment, professional services and supplies for the “Wine & A Bite Art Walk” in

12/08/09 61 downtown Fallbrook.

7. Allocate $20,000 from Neighborhood Reinvestment budget (15670) to Devil Pups, Inc. to cover the costs of transportation and food for a summer leadership and character-building program at Camp Pendleton.

8. Allocate $8,600 from the Neighborhood Reinvestment budget (15670) to Welcome Home Ministries to cover the costs of marketing, venue, travel, food, entertainment, production, professional services and supplies for a two-day, three show fundraising concert.

9. Allocate $100,000 from the Neighborhood Reinvestment budget (15670) to Pro Kids Golf Academy, Inc. to help fund the construction of the Ely Callaway Golf and Learning Center in Oceanside.

10. Allocate $14,900 from the Neighborhood Reinvestment budget (15670) to the Soroptimist International of Vista to cover the costs of marketing, venue, travel, food, entertainment, professional services, and supplies for their Human Trafficking Awareness event in January, 2010; and to develop and maintain a website, and to purchase office supplies, equipment and materials.

11. Amend the purpose of the May 6, 2008 (12) allocation of $95,000 to the North County CERT to include the purchase of plasma televisions and cables, communication system, warranty, batteries, signs, tools and equipment for their emergency trailers and insurance for the emergency truck. Authorize the Chief Financial Officer to amend the grant agreement accordingly.

12. Amend the purpose of the September 16, 2008 (8) allocation of $10,000 to the Fallbrook Healthcare Foundation to include the purchase and installation of signage, landscaping lights and security lights. Authorize the Chief Financial Officer to amend the grant agreement accordingly.

13. Amend the purpose of the October 13, 2009 (13) allocation of $13,060 to the Lake San Marcos Security Patrol to include purchasing a laptop, digital cameras, radios, radio scanner, generator, emergency kits, security supplies and other security and communication equipment for security patrols, and the cost of vehicle upgrades. Authorize the Chief Financial Officer to amend the grant agreement accordingly.

14. Amend the purpose of the June 17, 2008 (18) allocation of $10,000 to the Highway 101 Association to include designing, installing and purchasing a “Woodie bus wrap” to advertise on NCTD buses. Authorize the Chief

12/08/09 62 Financial Officer to amend the grant agreement accordingly.

15. Amend the purpose of the June 17, 2009, Community Enhancement allocation of $5,000 to the Vista Chamber of Commerce to include Vista Business Park Economic Development - funding for the continuation of CEO Roundtables, HR Roundtables and Business Park Warehouse sales. Authorize the Chief Financial Officer to amend the grant agreement accordingly.

16. Amend the purpose of the June 23, 2009 (23) allocation of $10,000 to the Friends of the 4S Ranch Library to reduce the $10,000 matching funds requirement to $5,000 and to include the purchase of television, overhead projector, book cart, furniture, and kitchen supplies and equipment. Authorize the Chief Financial Officer to amend the grant agreement accordingly.

17. Authorize the Chief Financial Officer to execute a grant agreement with the organizations listed above, establishing terms for receipt of the funds described above and to make minor amendments to the agreement that are consistent with the general purpose of the grant but do not increase the grant.

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

19. Find that the allocation described in recommendation number 1, above, is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines section 15303.

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:42. ALLOCATION AND AMENDMENT OF NEIGHBORHOOD REINVESTMENT FUNDS (DISTRICT: 4)

OVERVIEW: The County’s fiscal condition has enabled it to reinvest taxpayer money in our communities for the benefit of the public. This recommended action proposes allocations to new projects and amendments to previously allocated projects from the County of San Diego’s Neighborhood Reinvestment Projects Funds.

FISCAL IMPACT:

12/08/09 63 The total combined cost of the proposed recommendations is $16,000. Appropriations are available in the Community Projects Budget unit (15665). This action will result in the addition of no staff years and no future costs. There is no fiscal impact to the amendments since grants were previously authorized.

BUSINESS IMPACT STATEMENT: N/A

RECOMMENDATION: SUPERVISOR ROBERTS 1. Amend the purpose of the June 20, 2006 (30) allocation of $15,804 to the City Heights Town Council to include the costs of office supplies, office equipment and website development and maintenance. Authorize the Chief Financial Officer to amend the grant agreement accordingly.

2. Amend the purpose of the July 31, 2007 (22) allocation of $10,000 to the Mabuhay Alliance to include purchase of a phone system, projector, computers and peripheral IT equipment. Authorize the Chief Financial Officer to amend the grant agreement accordingly.

3. Amend the purpose of the June 17, 2008 (20) allocation of $10,000 to the Urban Corps of San Diego to include office furniture and partitions. Authorize the Chief Financial Officer to amend the grant agreement accordingly. 4. Amend the purpose of the June 17, 2008 (20) allocation of $9,474.77 to the Adams Avenue Business Association Inc. to include the purchase of computers, a scanner/copier, printer supplies, software and cell phones. Authorize the Chief Financial Officer to amend the grant agreement accordingly.

5. Amend the purpose of the April 21, 2009 (18) allocation of $5,000 to the Mission Valley Rotary Club Charities to include fencing materials, irrigation supplies and landscaping supplies to enhance the San Diego River Garden. Authorize the Chief Financial Officer to amend the grant agreement accordingly.

6. Allocate $11,000 from the Community Projects Budget unit (0264) to the Rolando Little League to purchase and install bleachers, pitching mounds, batting cage flooring, benches, safety padding, lockers, fencing, new turf, field dirt, sod and irrigation system for Little Padres field.

7. Find that the authorizations described in recommendation 6 is exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to section 15301 of the CEQA Guidelines because the allocations will be used for maintenance, repair and minor alterations to existing facilities.

12/08/09 64 8. Allocate $5,000 from the Community Projects Budget unit (15665) to the Neighborhood Fundraising Network, Inc., for postage, printing and design of fliers, photocopying, marketing and supplies and materials for the Eighth Annual World AIRDS Day Awareness Campaign on Tuesday, December 1, 2009.

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

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

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:43. CLOSED SESSION (DISTRICTS: ALL)

OVERVIEW: A. CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Government Code section 54956.8) Property: Polinsky Children’s Center, 9400 Ruffin Court, San Diego, CA

Negotiating Parties:

County: April Heinze and Nick Macchione

Other: Promises 2 Kids (fka Child Abuse Prevention Foundation)

Under Negotiation: Price and Terms

B. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Subdivision (a) of Government Code section 54956.9) Jackie Robinson v. County of San Diego, et al.; United States District Court, Southern District, No. 07-CV-0409-JAH (NLS)

C. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Subdivision (a) of Government Code section 54956.9) Guatay Christian Fellowship v. County of San Diego; United States District Court, Southern District, No. 08-CV-1406 JM (CAB)

12/08/09 65 D. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Initiation of litigation pursuant to subdivision (c) of Government Code section 54956.9: (Number of Cases – 1)

E. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Subdivision (a) of Government Code section 54956.9) Enforcement Support Agency, Inc. v. County of San Diego, et al.; San Diego County Superior Court No. 37-2009-00081287-CU-MC-CTL

F. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Subdivision (a) of Government Code section 54956.9) Orlando Valenzuela, et al. v. County of San Diego, et al.; San Diego County Superior Court No. GIC 859567

G. CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Government Code section 54956.8) Property: Open space easement on 15-acre parcel at southwest corner of Sweetwater Road and Bonita Center Road in National City (APN 564-471- 11)

Negotiating Parties:

County: John Kross and Brian Albright

Other: Parking Authority of the City of National City

Under Negotiation: Price and Terms

H. CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Government Code section 54956.8) Property: Various properties included in map of SDG&E’s alignment for the Sunrise Powerlink

Negotiating Parties:

County: April Heinze and John Kross

Other: San Diego Gas & Electric

Under Negotiation: Price and Terms

I. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Subdivision (a) of Government Code section 54956.9) County of San Diego v. Kemper Insurance, et al.; San Diego County

12/08/09 66 Superior Court No. 37-2009-00069442-CU-BC-EC

ACTION: Any reportable matters will be announced on Wednesday, December 9, 2009, prior to the start of the Board of Supervisors Planning and Land Use meeting.

44. SUBJECT: PRESENTATIONS/AWARDS

OVERVIEW: Special Presentation To Chairwoman Jacob By The National Weather Service Declaring San Diego County Stormready.

Chairwoman Dianne Jacob, Supervisor Greg Cox and Supervisor Ron Roberts presented proclamations Honoring San Diego County Teachers’ of the Year 2009: Donna Farquar, Michael Love, Melanie Tolan, and Eric Mabrey.

Chairwoman Dianne Jacob, Supervisor Greg Cox and Supervisor Ron Roberts presented a proclamation declaring December 8, 2009, Diane Strum Day throughout the County of San Diego.

Vice Chairwoman Pam Slater-Price and Supervisor Greg Cox presented a proclamation declaring December 8, 2009, John Robertus Day throughout the County of San Diego.

45. SUBJECT: PUBLIC COMMUNICATION

OVERVIEW: Douglas Moore spoke to the Board regarding United Domestic Workers. ACTION: Heard, referred to the Chief Administrative Officer.

There being no further business, the Board adjourned at 3:46 p.m. in memory of Anne Hedenkamp, Flora Jennings Small, John Gaffaney, Colonel Christopher Keegan, Dorothy “Dotte” Bordin, Lieutenant Florence Choe, Rees Skinner, and Delta Enniss.

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

Consent: Vizcarra

12/08/09 67 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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