COUNTY OF SAN DIEGO BOARD OF SUPERVISORS · Web viewOutpatient Services to Court Schools and...

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STATEMENT OF PROCEEDINGS COUNTY OF SAN DIEGO BOARD OF SUPERVISORS REGULAR MEETING TUESDAY, DECEMBER 13, 2005, 9:00 AM Board of Supervisors North Chamber 1600 Pacific Highway, Room 310, San Diego, California MORNING SESSION: Meeting was called to order at 9:03 a.m. Present: Supervisors Pam Slater-Price, Chairwoman; Bill Horn, Vice-Chairman; Greg Cox; Dianne Jacob; Ron Roberts; also Thomas J. Pastuszka, Clerk. Invocation was led by Pastor Bret Welshymer of Canyon Hills Community Church. Pledge of Allegiance was led by Mayor of Poway, Mickey Cafagna. Approval of Statement of Proceedings/Minutes for the Regular meeting of December 6, 2005 and Special Meeting of December 6, 2005. ACTION: ON MOTION of Supervisor Jacob, seconded by Supervisor Roberts, the Board of Supervisors approved the Statement of Proceedings/Minutes for the Meetings of December 6, 2005 and Special Meeting of December 6, 2005. AYES: Cox, Jacob, Slater-Price, Roberts, Horn 12/13/05 1

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STATEMENT OF PROCEEDINGSCOUNTY OF SAN DIEGO BOARD OF SUPERVISORS

REGULAR MEETINGTUESDAY, DECEMBER 13, 2005, 9:00 AM

Board of Supervisors North Chamber1600 Pacific Highway, Room 310, San Diego, California

MORNING SESSION: Meeting was called to order at 9:03 a.m.Present: Supervisors Pam Slater-Price, Chairwoman; Bill Horn, Vice-Chairman; Greg Cox; Dianne Jacob; Ron Roberts; also Thomas J. Pastuszka, Clerk.

Invocation was led by Pastor Bret Welshymer of Canyon Hills Community Church.

Pledge of Allegiance was led by Mayor of Poway, Mickey Cafagna.

Approval of Statement of Proceedings/Minutes for the Regular meeting of December 6, 2005 and Special Meeting of December 6, 2005.

ACTION:ON MOTION of Supervisor Jacob, seconded by Supervisor Roberts, the Board of Supervisors approved the Statement of Proceedings/Minutes for the Meetings of December 6, 2005 and Special Meeting of December 6, 2005.

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

Category Agenda No. Subject

Health & Human Services

1. MENTAL HEALTH SERVICES ACT COMMUNITY SERVICES AND SUPPORTS PROGRAM AND EXPENDITURE PLAN [FUNDING SOURCE(S): MENTAL HEALTH SERVICES ACT, EARLY AND PERIODIC SCREENING, DIAGNOSIS AND TREATMENT (EPSDT), SHORT-DOYLE MEDI-CAL FEDERAL FINANCIAL PARTICIPATION](4 VOTES)

2. RESOLUTION AUTHORIZING DESIGNATION OF MENTAL HEALTH PROFESSIONALS AND OTHER PERSONS WITH INVOLUNTARY DETENTION POWERS

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Category Agenda No. Subject

3. COMMUNITY SERVICES BLOCK GRANT REVENUE AGREEMENT [FUNDING SOURCE(S): COMMUNITY SERVICES BLOCK GRANT FROM THE CALIFORNIA DEPARTMENT OF COMMUNITY SERVICES AND DEVELOPMENT]

4. APPROPRIATION OF UNANTICIPATED REVENUE -- TRAUMA CARE FUND [FUNDING SOURCE(S): STATE EMERGENCY MEDICAL SERVICES AUTHORITY](4 VOTES)

5. FISCAL YEAR 2005-06 BUSINESS PLAN FOR THE A.B. AND JESSIE POLINSKY CHILDREN'S CENTER

6. THIRD AMENDMENT TO THE OPERATING AGREEMENT BETWEEN THE CHILD ABUSE PREVENTION FOUNDATION AND THE COUNTY OF SAN DIEGO

7. FY 2005-06 CERTIFICATION STATEMENT AND REVENUE AGREEMENTS FOR MATERNAL, CHILD AND FAMILY HEALTH SERVICES (4 VOTES)

8. EXEMPTION FROM SPARE WHEEL REQUIREMENT FOR SAN DIEGO COUNTY AMBULANCES

9. SAN DIEGO HIV PREVENTION COMMUNITY PLANNING BOARD AMENDMENTS TO RESOLUTION AND BY-LAWS

Financial & General Government

10. DONATION OF SURPLUS COUNTY EQUIPMENT TO GULF COAST GOVERNMENT AGENCIES AFFECTED BY HURRICANE KATRINA

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Category Agenda No. Subject

11. ELECTED OFFICIAL SALARY ADVISORY COMMISSION RECOMMENDATIONS

Public Safety 12. SHERIFF’S ACCEPTANCE OF GRANTS TO ENCOURAGE ARREST POLICIES AND ENFORCEMENT OF PROTECTION ORDERS PROGRAM[FUNDING SOURCE(S): FY 2003 AND FY 2005 GRANTS TO ENCOURAGE ARREST POLICIES AND ENFORCEMENT OF PROTECTION ORDERS PROGRAM FROM THE U.S. DEPARTMENT OF JUSTICE, OFFICE ON VIOLENCE AGAINST WOMEN](4 VOTES)

13. PROBATION’S ACCEPTANCE OF CONTINUATION FUNDING FOR GANG RESISTANCE EDUCATION AND TRAINING (GREAT) GRANT [FUNDING SOURCE(S): REVENUE FROM THE U.S. DEPARTMENT OF JUSTICE, BUREAU OF JUSTICE ASSISTANCE]

14. SHERIFF’S DEPARTMENT REQUEST FOR PROPOSAL FOR REVIEW OF USE OF FORCE POLICY [FUNDING SOURCE(S): GENERAL PURPOSE REVENUE ALLOCATION IN THE SHERIFF FISCAL YEAR 2005-06 OPERATIONAL PLAN]

15. SHERIFF’S DEPARTMENT LAW ENFORCEMENT AGREEMENT WITH THE RINCON BAND OF LUISENO INDIANS[FUNDING SOURCE(S): REVENUE FROM RBLI AND COMMUNITY ORIENTED POLICING SERVICES (COPS) GRANT](4 VOTES)

16. PROBATION DEPARTMENT: APPLICATION FOR OFFICE OF TRAFFIC SAFETY GRANT

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Category Agenda No. Subject

Community Services 17. REALLOCATION OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS FOR PROPOSED PROJECT IN POWAY TO ASSIST HURRICANE KATRINA EVACUEES [FUNDING SOURCE(S): COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM]

18. REVISION OF LIBRARY FINES AND FEES SCHEDULE

19. AUTHORIZING THE REGISTRAR OF VOTERS TO ENTER INTO STANDARD AGREEMENTS WITH CALIFORNIA SECRETARY OF STATE TO ACCEPT HELP AMERICA VOTE ACT FUNDING

20. CONTRACT FOR SEISMIC CONSULTANT SERVICES AT THE CENTRAL COURTHOUSE COMPLEX [FUNDING SOURCE(S): PENALTY ASSESSMENT COLLECTION FUND](4 VOTES)

21. ADVERTISE AND AWARD CONSTRUCTION CONTRACTS FOR INTERIOR REMODEL AT GEORGE F. BAILEY DETENTION FACILITY [FUNDING SOURCE(S): PREVIOUSLY APPROVED INMATE WELFARE FUNDS BUDGETED IN THE SHERIFF’S DEPARTMENT]

22. COUNTY OF SAN DIEGO REDEVELOPMENT AGENCY FISCAL YEAR 2004-05 ANNUAL REPORT (Relates to Redevelopment Agency Agenda No. 2)

Financial & General Government

23. MIRACLE LEAGUE FIELD AT SAN DIEGUITO PARK[FUNDING SOURCE(S): COMMUNITY PROJECTS BUDGET (15670)]

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Category Agenda No. Subject

24. ALLOCATION OF DISTRICT TWO COMMUNITY PROJECTS FUNDS [FUNDING SOURCE(S): FY 05-06 DISTRICT TWO COMMUNITY PROJECTS]

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

26. ALLOCATION OF COMMUNITY PROJECTS FUNDS (DISTRICT: 5)

27. SUPPORTING THE PASSAGE OF JESSICA'S LAW

28. AMENDMENTS TO THE COMPENSATION ORDINANCE

29. EMPLOYEE MEDICAL INSURANCE REQUEST FOR PROPOSALS

30. FISCAL YEAR 2005-06 FIRST QUARTER OPERATIONAL PLAN STATUS REPORT, BUDGET, STAFFING ADJUSTMENTS, AND RATIFICATION OF FY 2004-05 YEAR END BUDGET ADJUSTMENTS(4 VOTES)(Relates to Air Pollution Control Board No. 1, Flood Control District No. 1, Redevelopment Agency No. 1 and Sanitation Districts No. 1)

31. NOTICED PUBLIC HEARING:ISSUANCE OF TAX-EXEMPT OBLIGATIONS BY THE ASSOCIATION OF BAY AREA GOVERNMENTS FINANCE AUTHORITY FOR NON-PROFIT CORPORATIONS ON BEHALF OF THE GRAUER FOUNDATION FOR EDUCATION

32. APPROVAL OF EMPLOYMENT AGREEMENT WITH THE CHIEF ADMINISTRATIVE OFFICER

Communications Received

33. COMMUNICATIONS RECEIVED

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Category Agenda No. Subject

Appointments 34. ADMINISTRATIVE ITEM:APPOINTMENTS

Finance & General Governmnet

35. CHANGE IN THE GRANT AGREEMENT FOR A COMMUNITY PROJECTS GRANT AWARDED TO CULTURE SHOCK

36. LOCAL COMMUNITY PROJECTS

Closed Session 37. CLOSED SESSION

Awards/Presentations 38. AWARDS/PRESENTATIONS

Public Communication 39. PUBLIC COMMUNICATION

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1. SUBJECT: MENTAL HEALTH SERVICES ACT COMMUNITY SERVICES AND SUPPORTS PROGRAM AND EXPENDITURE PLAN (DISTRICT: ALL)

OVERVIEW:The Mental Health Services Act (MHSA), Proposition 63, was approved by California voters in November 2004 and became effective January 1, 2005. The MHSA provides funding for expansion of mental health services in California. As required by the law, the County of San Diego, through the Health and Human Services Agency’s (HHSA), Mental Health Services Division, has completed the MHSA Community Services and Supports (CSS) Program and Expenditure Plan. The MHSA CSS Plan outlines proposed MHSA funded programs and services to be provided locally for Fiscal Year 2005-06 through Fiscal Year 2007-08. San Diego County’s initial annual allocation of $25,417,300 will be used to expand and enhance programs for underserved and unserved county residents who are eligible and in need of public mental health services. The County’s MHSA CSS Plan will be updated annually based on funding revisions and other program considerations.

State requirements called for substantial public review of the County’s proposed MHSA CSS Plan. As a result, the draft plan reflects the input of more than a thousand local stakeholders collected during public forums held over an eight month period. A final draft MHSA CSS Plan was distributed and available for a 30-day public review in October 2005. If approved, today’s requests will authorize submission of the County’s MHSA CSS Plan to the California Department of Mental Health (DMH) for review and approval and authorizes minor amendments of the Plan by the Director, HHSA to respond to DMH feedback and as necessary to modify and maintain the approved MHSA CSS Work Plan outcomes. Additionally, approval of today’s requests will appropriate funds authorized by DMH.

Today’s recommended actions will also authorize the competitive solicitation of new contracted programs and services and the amendment of current contracts to expand existing programs and services as required to implement the County’s MHSA CSS Plan.

FISCAL IMPACT:Funds for this request are not budgeted. If approved, this request will result in additional FY 2005-06 cost and revenue of $19,059,222 and subsequent years cost and revenue of $29,573,920 for FY 2006-07 and $29,573,920 for FY 2007-08. Funding for FY 2005-06 is a prorated amount. The funding source is Mental Health Services Act, Early and Periodic Screening, Diagnosis and Treatment (EPSDT), Short-Doyle Medi-Cal Federal Financial Participation. There will be no change in net General Fund cost and no additional staff years.

RECOMMENDATION:CHIEF ADMINISTRATIVE OFFICER1. Approve the County of San Diego Mental Health Services Act (MHSA) Community

Services and Support (CSS) Program and Expenditure Plan and authorize the Director, Health and Human Services Agency, to submit the MHSA CSS Plan to the California Department of Mental Health for approval.

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

3. Accept estimated Mental Health Services Act (MHSA) Community Services and Supports (CSS) fund allocations of $69,893,822 for Fiscal Year 05-06 and subsequent fiscal years through June 30, 2008.

4. Establish appropriations of $19,059,222 in the Health and Human Services Agency for mental health services based on unanticipated Mental Health Services Act (MHSA) Community Services and Support (CSS) revenue from the California Department of Mental Health (DMH). (4 VOTES)

5. Waiver of Board Policy B-29 is requested because the maximum allowable indirect costs charged to the Mental Health Services Act (MHSA) Community Services and Supports (CSS) allocation will not cover the Health and Human Services Agency’s indirect costs associated with administration of the agreement. These costs are already budgeted and funded from State and federal revenues.

6. In accordance with Section 401 et seq. of the County Administrative Code, authorize the Director, Department of Purchasing and Contracting, to issue competitive solicitations for the programs and services listed below which are required to implement the California Department of Mental Health approved County MHSA CSS Program and Expenditure Plan, and upon successful negotiations and determination of a fair and reasonable price, award contracts for a period of up to three years, with four option years and up to an additional six months if needed, subject to the availability of funds; and to amend the contracts as required to reflect changes to services and funding allocations, subject to the approval of the Director, Health and Human Services Agency.

Child/YouthA. Family and Youth Information/Education Program and Family/Youth Peer Support

ServicesB. Cultural/Language Specific Outpatient ServicesC. Mobile Psychiatric Emergency ResponseD. Medication Support for Wards and DependentsE. Homeless/Runaway Outreach and Support ServicesF. First Five Programs, Treatment ServicesG. Wraparound Services and Outpatient Services for Children and Youth in Placement

Transition Age YouthH. Integrated Services and Supported Housing; Clubhouse/Peer Support Services; and

Dual Diagnosis Residential Treatment ProgramI. Enhanced Outpatient Mental Health Services

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AdultJ. Justice System and Homeless Integrated Services and Supported HousingK. Client Operated Peer Support ServicesL. Family Education ServicesM. Clubhouse Enhanced and Expanded Employment ServicesN. Supported Employment ServicesO. Enhanced Outpatient Mental Health Services

Older AdultP. High Utilizer Integrated Services and Supported HousingQ. Mobile Outreach at Home and Community

AllR. Services for Deaf and Hard of HearingS. Services for Victims of Trauma T. Walk-In Assessment Center, North County

Administrative ServicesU. Adult Mental Health Services Data Analysis Performance MonitoringV. Community Education Coordinator ServicesW. Consumer Liaison for Adult ServicesX. Capital Facilities/Housing Technical Advisor

7. In accordance with Board Policy A-87, Competitive Procurement, authorize the Director, Department of Purchasing and Contracting, to enter into negotiations with the contractors listed below to amend the contracts to expand their services within the existing scope, which are required to implement the California Department of Mental Health approved County MHSA CSS Program and Expenditure Plan and, subject to successful negotiations and determination of a fair and reasonable price, as needed to provide CSS Plan programs and services subject to the availability of funds; and to amend the contract as required to reflect changes to services and funding allocations, subject to the approval of the Director, Health and Human Services Agency.

Child/Youth Contract No.A. School/Home-Based Outpatient Services for Uninsured

1) Children’s Hospital Outpatient Psychiatry 432072) Mental Health Systems, Inc. 432113) Behavioral Health Group 432204) Union of Pan Asian Communities of San Diego County, Inc. 432215) Community Research Foundation432236) New Alternatives, Inc. 441357) Palomar Family Centers 447178) Vista Hill Foundation 447629) Family Health Centers 4479710) Paradise Valley Hospital 4481311) San Diego Center for Children 4482112) South Bay Community Services45376

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13) North County Lifeline 4537714) San Diego Youth & Community Services 4537915) YMCA 4576616) San Diego Unified School District 4588817) Social Advocates for Youth 4737818) Providence Community Services 510379

B. Outpatient Services to Court Schools and Outreach Services1) Community Research Foundation (MAST Program) 43223

Transitional Age Youth and Adult Contract No.C. Enhanced Outpatient Mental Health Services and Clubhouse Enhanced and

Expanded Employment Services1) Union of Pan Asian Communities of San Diego County, Inc., CTC 432212) Community Research Foundation, BPSR-East County 458733) Community Research Foundation, BPSR-South County 5027424) University of California at San Diego, Gifford Center 43215

8. In accordance with Board Policy A-87, Competitive Procurement, authorize the Director, Department of Purchasing and Contracting, to enter into negotiations with the Council of Community Clinics for clinic network management services to integrate mental health and primary care services as required to implement and maintain the California Department of Mental Health approved County MHSA CSS Program and Expenditure Plan and, subject to successful negotiations and determination of a fair and reasonable price, award a contract for a period of up to three years, with four option years and up to an additional six months if needed, subject to the availability of funds; and to amend the contract as required to reflect changes to services and funding allocations, subject to the approval of the Director, Health and Human Services Agency.

9. In accordance with Board Policy A-87, Competitive Procurement, authorize the Director, Department of Purchasing and Contracting, to enter into negotiations with the Family and Youth Roundtable of San Diego County for consumer/family liaison services which are required to implement the California Department of Mental Health approved County MHSA CSS Program and Expenditure Plan and, subject to successful negotiations and determination of a fair and reasonable price, award contracts for a period of up to three years, with four option years and up to an additional six months if needed, subject to the availability of funds; and to amend the contract as required to reflect changes to services and funding allocations, subject to the approval of the Director, Health and Human Services Agency.

10. In accordance with Board Policy A-87, Competitive Procurement, authorize the Director, Department of Purchasing and Contracting, to enter into negotiations with Paradise Valley Hospital for Clubhouse enhanced and expanded employment services which are required to implement the California Department of Mental Health approved County MHSA CSS Program and Expenditure Plan and, subject to successful negotiations and determination of a fair and reasonable price, award contracts for a period of up to three years, with four option years and up to an additional six months if needed, subject to the availability of funds; and to amend the contract as required to

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reflect changes to services and funding allocations, subject to the approval of the Director, Health and Human Services Agency.

11. In accordance with Board Policy A-87, Competitive Procurement, authorize the Director, Department of Purchasing and Contracting, to enter into negotiations with Alvarado Parkway Institute (API) for Clubhouse enhanced and expanded employment services which are required to implement the California Department of Mental Health approved County MHSA CSS Program and Expenditure Plan and, subject to successful negotiations and determination of a fair and reasonable price, award contracts for a period of up to three years, with four option years and up to an additional six months if needed, subject to the availability of funds; and to amend the contract as required to reflect changes to services and funding allocations, subject to the approval of the Director, Health and Human Services Agency.

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

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

2. SUBJECT: RESOLUTION AUTHORIZING DESIGNATION OF MENTAL HEALTH PROFESSIONALS AND OTHER PERSONS WITH INVOLUNTARY DETENTION POWERS (DISTRICT: ALL)

OVERVIEW:This letter requests the Board to approve a revised resolution concerning professionals authorized to involuntarily detain certain mentally disordered persons. On December 6, 1994 (11), the Board approved a resolution authorizing the Local Mental Health Director to designate certain qualified professionals with involuntary detention powers. Board action is now requested to approve a revised resolution redefining which professional persons can be designated and establishing new training, testing, and clinical experience requirements. The changes are necessary to reflect various programming, reorganization and system redesign changes that have occurred in the public mental health system since 1994.

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

RECOMMENDATION:CHIEF ADMINISTRATIVE OFFICERAdopt the resolution entitled A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF SAN DIEGO PROVIDING FOR THE DESIGNATION OF MENTAL HEALTH PROFESSIONALS AND OTHER SPECIFIED PERSONS PURSUANT TO SECTIONS 5150 AND 5585.50 OF THE WELFARE AND INSTITUTIONS CODE.

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ACTION:ON MOTION of Supervisor Jacob, seconded by Supervisor Horn, the Board took action as recommended, on Consent, adopting Resolution No. 05-232 entitled: A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF SAN DIEGO PROVIDING FOR THE DESIGNATION OF MENTAL HEALTH PROFESSIONALS AND OTHER SPECIFIED PERSONS PURSUANT TO SECTIONS 5150 AND 5585.50 OF THE WELFARE AND INSTITUTIONS CODE.

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

3. SUBJECT: COMMUNITY SERVICES BLOCK GRANT REVENUE AGREEMENT (DISTRICT: ALL)

OVERVIEW:The County of San Diego receives an allocation of federal Community Services Block Grant revenue provided through a revenue agreement issued by the State Department of Community Services and Development. In accordance with federal and State law, the agreement requires that the revenue be used to implement an approved Community Action Plan for assisting low-income persons and welfare recipients to become self-sufficient. On August 2, 2005 (18), the Board of Supervisors approved a two-year Community Action Plan that describes the County’s efforts to reduce poverty and dependence upon public assistance through calendar year 2007. Today’s item requests acceptance of State Community Services Block Grant revenue for continued implementation of the Community Action Plan.

FISCAL IMPACT:Funds for this proposal are included in the Fiscal Year 2005-06 Adopted Operational Plan. If approved this request will result in no change to current and subsequent year cost and revenue of $3,180,155 for each fiscal year. The funding source is the Community Services Block Grant from the California Department of Community Services and Development. There will be no change in net General Fund costs and no additional staff years.

RECOMMENDATION:CHIEF ADMINISTRATIVE OFFICER1. Adopt the Resolution titled “A Resolution of the Board of Supervisors of the County of

San Diego Regarding the Administration of the 2006 and 2007 Community Services Block Grant.”

2. Authorize the Clerk of the Board of Supervisors to execute, upon receipt, the Community Services Block Grant revenue agreement with the State Department of Community Services and Development in the amount not to exceed $6,360,330 for the period January 1, 2006 through December 31, 2007, and any extensions and amendments that do not materially alter the program, subject to the approval of the Director, Health and Human Services Agency.

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ACTION:ON MOTION of Supervisor Jacob, seconded by Supervisor Horn, the Board took action as recommended, on Consent, adopting Resolution No. 05-233 entitled: A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF SAN DIEGO REGARDING THE ADMINISTRATION OF THE 2006 AND 2007 COMMUNITY SERVICES BLOCK GRANT.

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

4. SUBJECT: APPROPRIATION OF UNANTICIPATED REVENUE -- TRAUMA CARE FUND (DISTRICT: ALL)

OVERVIEW:The State Trauma Care Fund was established in 2001 to provide funding to promote access to quality trauma care throughout the state. On February 11, 2003 (10), the Board accepted funding in the amount of $2,687,325 from the State Emergency Medical Services Authority, the agency vested with the responsibility of overseeing the State Trauma Care Fund. The County distributed this funding, less one percent for County administrative costs, to the six San Diego hospitals designated as trauma centers. This fiscal year, the State requires that funds be distributed to the trauma centers using a competitive grant-based system.

Board action is requested to approve and authorize the Chairperson of the Board of Supervisors to execute the revenue agreement with the State Emergency Medical Services Authority, allocating FY 2005-06 funding from the State Trauma Care Fund in the amount of $1,418,836, and to issue a Competitive Solicitation for trauma care services.

FISCAL IMPACT:Funds for this request are not included in the Health and Human Services Agency’s FY 2005-06 Operational Plan. If approved, this will result in an increase in FY 2005-06 cost and revenue of $1,418,836 and no subsequent years’ cost and revenue. The funding source is the State Emergency Medical Services Authority. There will be no change in net General Fund cost and no additional staff years.

RECOMMENDATION:CHIEF ADMINISTRATIVE OFFICER1. Waive Board Policy B-29, Fees, Grants, Revenue Contracts – Department

Responsibility for Cost Recovery.

2. Approve and authorize the Chairperson of the Board of Supervisors to execute the revenue agreement with the State Emergency Medical Services Authority allocating from the Trauma Care Fund the amount of $1,418,836 for the period July 1, 2005 through June 30, 2006 for the San Diego trauma system.

3. Authorize the Clerk of the Board to execute any extensions, amendments, or revisions to the revenue agreement with the State Emergency Medical Services Authority that do not materially impact or alter the grant terms, program or funding levels, subject to the approval of the Director, Health and Human Services Agency.

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4. Establish appropriations of $1,418,836 in the Health and Human Services Agency for the Trauma Care Fund based on unanticipated revenue from the State Emergency Medical Services Authority. (4 VOTES)

5. Authorize the Director, Health and Human Services Agency, to deposit Trauma Care Fund moneys collected in accordance with Sections 1797.198 and 1797.199 of the California Health and Safety Code, in the Trauma Management Trust Fund #512500, until expended according to these sections.

6. In accordance with Section 401 et seq. of the County Administrative Code authorize the Director, Department of Purchasing and Contracting to issue a Competitive Solicitation (limited to the six San Diego trauma centers) for trauma care services, and upon successful negotiations and determination of a fair and reasonable price, award contracts for an initial term through June 30, 2006, with five additional option years and up to an additional six months if needed, and to amend the contracts as needed to reflect changes to services and funding, subject to approval of the Director, Health and Human Services Agency.

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

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

5. SUBJECT: FISCAL YEAR 2005-06 BUSINESS PLAN FOR THE A.B. AND JESSIE POLINSKY CHILDREN'S CENTER (DISTRICT: ALL)

OVERVIEW:The A.B. and Jessie Polinsky Children’s Center is the County of San Diego’s emergency shelter care facility for abused, neglected and abandoned children. On February 4, 1992(42), the Board approved an Operating Agreement between the Child Abuse Prevention Foundation (CAPF) and the County of San Diego to establish standards and set guidelines for the operations of the Polinsky Children's Center. The term of the Agreement is for a period of 18 years from the effective date of the Agreement. The Operating Agreement requires preparation of an annual Business Plan for approval by the Board of Supervisors. The Fiscal Year 2004-05 Business Plan was approved on December 7, 2004(8). Action is now requested to approve the Fiscal Year 2005-06 Business Plan.

FISCAL IMPACT:The County’s FY 2005-06 Operational Plan includes $23.6 million for operating the A. B. and Jessie Polinsky Children’s Center. No changes in the budget or staffing will occur as a result of the requested action.

RECOMMENDATION:CHIEF ADMINISTRATIVE OFFICERApprove the Business Plan for the A.B. and Jessie Polinsky Children's Center for Fiscal Year 2005-06.

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

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

6. SUBJECT: THIRD AMENDMENT TO THE OPERATING AGREEMENT BETWEEN THE CHILD ABUSE PREVENTION FOUNDATION AND THE COUNTY OF SAN DIEGO (DISTRICT: ALL)

OVERVIEW:The County’s A. B. and Jessie Polinsky Children’s Center opened in 1994 as an emergency shelter for abused, neglected and abandoned children. The Center was the result of a public-private partnership between the County and the Child Abuse Prevention Foundation.

On February 4, 1992(42), the Board approved the Operating Agreement with the Child Abuse Prevention Foundation for the A.B. and Jessie Polinsky Children’s Center, which outlines standards for the operation of the Center. On November 10, 1992(1), the Board approved the First Amendment to the Operating Agreement and on May 13, 1997(16), the Board approved the Second Amendment to the Operating Agreement.

The Board is requested to authorize the Third Amendment to the Operating Agreement which updates the Operating Agreement to include references to Community Care Licensing regulations and updates the Center Board of Trustees responsibilities and timeframe for dissolution. These changes update the Operating Agreement to accurately reflect the current practices of the Center Board of Trustees and current regulatory requirements for Polinsky Children’s Center operations.

FISCAL IMPACT:The County’s FY 2005-06 Operational Plan includes $23.6 million for operating the A. B. and Jessie Polinsky Children’s Center. No changes in the budget or staffing will occur as a result of the requested action.

RECOMMENDATION:CHIEF ADMINISTRATIVE OFFICERApprove and authorize the Clerk of the Board to execute the Third Amendment to the Operating Agreement between the Child Abuse Prevention Foundation and the County of San Diego.

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

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

7. SUBJECT: FY 2005-06 CERTIFICATION STATEMENT AND REVENUE AGREEMENTS FOR MATERNAL, CHILD AND FAMILY HEALTH SERVICES (DISTRICT: ALL)

OVERVIEW:The Board of Supervisors has demonstrated a long-term commitment to helping children reach their full potential by supporting programs that encourage healthy behaviors, link eligible children to low and no-cost health insurance coverage, and provide support for at-risk children in the dependency system. Today’s action furthers the County’s commitment to improving health opportunities and outcomes for children through its Public Health Services’ Maternal, Child and Family Health Services (MCFHS) program, California Children’s Services (CCS) program and Agency-wide Access to Care Team (ACT) initiative. If approved, today’s actions will continue the current activities of the MCFHS and CCS programs, enhance activities that assure eligible children have health care coverage, support County efforts toward reducing childhood obesity, and advance local education efforts on the importance of children’s dental health.

As required by the State as a condition of funding, this action requests the annual approval and execution of the State’s Fiscal Year 2005-06 Child Health and Disability Prevention/Early and Periodic Screening, Diagnosis and Treatment, Child Health and Disability Foster Care, and California Children’s Services Certification Statement.

Today’s action also requests the acceptance of $150,000 in Proposition 10 funds from the First Five Commission of San Diego County to support the activities of a Project Coordinator in implementing a countywide Childhood Obesity Master Plan. Authorization is also requested for the Director, Department of Purchasing and Contracting to competitively procure the services of a Project Coordinator for the Master Plan.

Today’s action would also authorize acceptance of a $50,000 award from the Council of Community Clinics to train staff of community organizations countywide to educate low-income parents about the importance of dental care for children.

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FISCAL IMPACT:Funds for the $23,322,255 subvention are included in the Health and Human Services Agency’s FY 2005-06 Operational Plan for Maternal, Child and Family Health Services and California Children’s Services. The FY 2005-06 Health and Human Services Agency’s Operational Plan includes $9,605,267 in costs and $9,605,267 in revenue for the Maternal, Child and Family Health Services Branch. If approved, this item will result in $75,000 in increased Maternal, Child and Family Health Services cost and revenue for FY 2005-06: $50,000 from the First Five Commission Proposition 10 grant, and $25,000 from a San Diego Council of Community Clinics grant. The increase in FY 2006-07 will be $75,000: $50,000 from the First Five Commission Proposition 10 grant and $25,000 from a San Diego Council of Community Clinics’ award. The increase in FY 2007-08 will be $50,000 from the First Five Commission Proposition 10 grant. There will be no change to net General Fund costs and no additional staff years.

RECOMMENDATION:CHIEF ADMINISTRATIVE OFFICER1. Waive Board Policy A-91: Mid-Year Budget Changes.

2. Approve and authorize the Clerk of the Board to execute the FY 2005-06 State Child Health and Disability Prevention/Early and Periodic Screening, Diagnosis and Treatment (CHDP/EPSDT), CHDP Foster Care, and California Children’s Services Certification Statement.

3. Accept a $150,000 award from the First Five Commission of San Diego County to implement the Childhood Obesity Master Plan.

4. Establish appropriations of $50,000 in the Health and Human Services Agency for implementation of the Childhood Obesity Master Plan based on unanticipated revenue from the First Five Commission of San Diego County. (4 VOTES)

5. In accordance with Section 401 et seq. of the County Administrative Code, authorize the Director, Department of Purchasing and Contracting to issue a competitive solicitation and enter into negotiations for the services of a Childhood Obesity Project Coordinator for the implementation of the Childhood Obesity Master Plan and award a contract for one year with (2) additional option years thru January 31, 2009 and up to an additional six months if needed, subject to successful negotiations and determinations of a fair and reasonable price, and the availability of funds, and amend the contract as needed, to reflect changes to services and funding subject to approval of the Director, Health and Human Services Agency.

6. Accept a $50,000 award from the Council of Community Clinics to train community organizations countywide to educate low-income parents about the importance of dental care for their children.

7. Establish appropriations of $25,000 in the Health and Human Services Agency for training community organizations to educate low-income parents about the importance of dental care for their children based on unanticipated revenue from the Council of Community Clinics. (4 VOTES)

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

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

8. SUBJECT: EXEMPTION FROM SPARE WHEEL REQUIREMENT FOR SAN DIEGO COUNTY AMBULANCES (DISTRICT: ALL)

OVERVIEW:Title 13 of the California Code of Regulations requires that ambulances carry spare wheels of appropriate load rating and tools for wheel changes. Section 2512 of the California Vehicle Code authorizes the Department of California Highway Patrol, upon request from the Board of Supervisors for reasons of public health and safety, to grant exemptions to noncommercial ambulances from the spare wheel requirement for up to two years. Exemption from the spare wheel requirement enables ambulances to carry additional medical supplies and equipment.

The Board most recently approved requests for exemption from the spare wheel requirement on December 2, 2003 (13) and March 16, 2004 (14). Current exemptions expire on December 31, 2005. Today’s action requests continued exemption from the spare wheel requirement, for all of the San Diego County fire and ambulance agencies listed in Recommendation 1 for the period January 1, 2006 through December 31, 2007.

FISCAL IMPACT:There is no fiscal impact associated with the recommended actions on spare wheel exemption.

RECOMMENDATION:CHIEF ADMINISTRATIVE OFFICER1. Approve, in the interest of public health and safety, the requests of the following San

Diego County cities, special districts, fire and ambulance agencies for exemption from the spare wheel and tools requirement for ambulances as set forth in the California Vehicle Code and the California Code of Regulations, Title 13, Section 1103 for the period January 1, 2006 through December 31, 2007:

A. CITIES OF: 1) Carlsbad 5) Oceanside2) Coronado 6) Poway3) El Cajon 7) San Marcos4) Escondido 8) Vista

B. FIRE PROTECTION DISTRICTS OF:1) East County2) Elfin Forest/Harmony Grove Volunteer3) Julian-Cuyamaca4) North County5) Valley Center

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C. AMBULANCE AGENCIES:1) American Medical Response2) Balboa Ambulance Service, Inc.3) San Diego Medical Services Enterprise

D. COUNTY SERVICE AREA 17:1) City of Del Mar

E. COUNTY SERVICE AREA 69:1) City of Santee2) Lakeside Fire Protection District

2. Authorize the Clerk of the Board of Supervisors to forward the Board’s approval for the agencies listed in the above recommendation to: Department of California Highway Patrol, Enforcement Services Division, P.O. Box 942898, Sacramento, CA 94298-0001 Attention: Commercial Vehicles Section.

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

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

9. SUBJECT: SAN DIEGO HIV PREVENTION COMMUNITY PLANNING BOARD AMENDMENTS TO RESOLUTION AND BY-LAWS (DISTRICT: ALL)

OVERVIEW:The Board of Supervisors adopted a Resolution on May 9, 1995 (2) establishing the HIV Prevention Community Planning Board. This planning board is a requirement to ensure the County of San Diego may receive HIV education and prevention funds from the State Office of AIDS, part of the California Department of Health Services. By-laws to the Resolution were adopted on August 5, 2003 (3).

Today’s action requests adoption of amendments to the Resolution and By-Laws of the HIV Prevention Community Planning Board to reflect changes in leadership structure and terms, and to add a new category of membership.

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

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RECOMMENDATION:CHIEF ADMINISTRATIVE OFFICER1. Adopt the Amended Resolution entitled “A Resolution Regarding The San Diego HIV

Prevention Community Planning Board.”

2. Adopt the Amended By-Laws entitled “By-Laws of the County San Diego HIV Prevention Community Planning Board.”

ACTION:ON MOTION of Supervisor Jacob, seconded by Supervisor Horn, the Board took action as recommended, on Consent, adopting Resolution No. 05-234 entitled: A RESOLUTION REGARDING THE SAN DIEGO HIV PREVENTION COMMUNITY PLANNING BOARD.

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

10. SUBJECT: DONATION OF SURPLUS COUNTY EQUIPMENT TO GULF COAST GOVERNMENT AGENCIES AFFECTED BY HURRICANE KATRINA (DISTRICT: ALL)

OVERVIEW:This is a request to authorize the donation of surplus County equipment to government agencies in the Gulf Coast region affected by Hurricane Katrina.

FISCAL IMPACT:There will be no County fiscal impact on the donation of surplus computers. There will be a minimal fiscal impact on the donation of other equipment items that would otherwise go to auction.

RECOMMENDATION:CHAIRWOMAN SLATER-PRICE AND DISTRICT ATTORNEY:1. Waive Board Policy A-94, Disposal of Personal Property.

2. Authorize the Director of Purchasing and Contracting to donate County equipment declared surplus to Gulf Coast government agencies affected by Hurricane Katrina.

3. Approve amendments for Board Policy A-94, Disposal of Personal Property.

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

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

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11. SUBJECT: ELECTED OFFICIAL SALARY ADVISORY COMMISSION RECOMMENDATIONS (DISTRICT: ALL)

OVERVIEW:The Board of Supervisors is responsible for establishing the salaries for all of the County’s elected officials and employees by adopting an ordinance. Adjustments are needed to bring the salaries of the District Attorney, Treasurer/Tax Collector and Sheriff into closer alignment with the salaries of countywide elected officials in other California urban counties with similar levels of responsibility. With that goal in mind, and in order to avoid any perception of a conflict of interest, the Board of Supervisors, on June 14, 2005, created an Elected Official Salary Advisory Commission to examine the current salaries of said officials and to make recommendations as to their appropriate level of compensation.

The Chief Administrative Officer, as directed by the Board of Supervisors, appointed the members of the Elected Official Salary Advisory Commission. The Commission held three public meetings wherein relevant salary data was reviewed and discussed. The Commission also agreed on the rationale to be used for their recommendation to the Board of Supervisors. A public hearing was held on November 10, 2005, to solicit public input into the Commission’s deliberations.

The Commission hereby provides its recommendations to the Board of Supervisors as to the appropriate salary levels for the positions of District Attorney, Treasurer/Tax Collector and Sheriff.

FISCAL IMPACT:If approved, the cost for the recommended increases for FY 2005-06 is $70,869. The annualized cost is $141,739. These costs will be absorbed in the budgeted appropriations of the respective departments.

RECOMMENDATION:ELECTED OFFICIAL SALARY ADVISORY COMMISSION:1. Establish the salaries of the District Attorney, Treasurer/Tax Collector and

Sheriff at the 75th percentile of the 13 comparable California counties plus San Diego County. Using this standard, the recommended salaries are: District Attorney $207,953, Treasurer/Tax Collector $146,544 and Sheriff $188,758.

2. The elected officials’ salaries should be at least five percent (5%) higher than their highest paid subordinate over whom they exercise full supervision.

3. Direct the Chief Administrative Officer to conduct an annual survey by October 1 of each year and report to the Board of Supervisors the updated 75th percentile data for their consideration.

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ACTION:ON MOTION of Supervisor Cox, seconded by Supervisor Roberts, the Board of Supervisors directed the Chief Administrative Officer to prepare the necessary Compensation Ordinance Amendments for Board action in January, 2006 to approve the establishment of salaries of the District Attorney, Sheriff, and Treasurer/Tax Collector recommended by the Advisory Commission. The salary increases associated with the recommended salaries of $207,953 for the District Attorney, $188,758 for the Sheriff, and $146,544 for the Treasurer/Tax Collector are to be implemented over a two year period: 50% of the increase to be effective February 24, 2006 and the remaining 50% of the increase to be brought back to the Board for consideration in December of 2006; and directed the Chief Administrative Officer to conduct an annual survey by October 1 of each year and report to the Board of Supervisors the updated 75 th percentile data for their consideration.

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

12. SUBJECT: SHERIFF’S ACCEPTANCE OF GRANTS TO ENCOURAGE ARREST POLICIES AND ENFORCEMENT OF PROTECTION ORDERS PROGRAM (DISTRICT: 3)

OVERVIEW:On November 4, 2003 (2), the County of San Diego was awarded and accepted $522,323 for the FY 2003 Grants to Encourage Arrest Policies and Enforcement of Protection Orders Program. The funds were utilized to establish the North County Family Violence Prevention Center. The North County Family Violence Prevention Center, located in San Marcos, offers coordinated and comprehensive intervention services to families experiencing domestic violence in Northern San Diego County.

The County of San Diego applied for and was awarded $1,117,530 for the FY 2005 Grants to Encourage Arrest Policies and Enforcement of Protection Orders Program. With our partners the Indian Health Council, the Center for Community Solutions and the Women’s Resource Center, the Sheriff’s Department proposes to utilize these grant funds to continue and expand operations at the North County Family Violence Prevention Center. This is a request to ratify the submission and authorize acceptance of the FY 2005 grant and re-appropriate $80,000 from the FY 2003 grant for additional advocate services at the North County Family Violence Prevention Center.

FISCAL IMPACT:Funds for this request are not included in the Sheriff’s Fiscal Year 2005-06 Operational Plan. The funding sources are the FY 2003 and FY 2005 Grants to Encourage Arrest Policies and Enforcement of Protection Orders Program from the U.S. Department of Justice, Office On Violence Against Women. If approved, this project will result in current year cost and revenue of $634,877 ($80,000 from FY 2003 grant and $554,877 from FY 2005 grant) and FY 2006-07 cost and revenue of $562,653. This request will require the addition of zero staff years.

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RECOMMENDATION:SHERIFF1. Waive Board Policy A-91, Mid-Year Budget Changes.

2. Waive Board Policy B-29, Fees, Grants, Revenue Contracts – Department Responsibility for Cost Recovery, which requires full cost recovery for grants and requires that Board approval be given in advance of application for funds.

3. Ratify the submission and authorize the acceptance of the FY 2005 Grants to Encourage Arrest Policies and Enforcement of Protection Orders Program from the U. S. Department of Justice, Office On Violence Against Women, in the amount of $1,117,530 for the period September 1, 2005 through August 31, 2007.

4. Authorize the Sheriff to review and execute the FY 2005 Grants to Encourage Arrest Policies and Enforcement of Protection Orders Program documents and any extensions, amendments, or revisions thereof that do not materially impact or alter either the grant program or funding level.

5. Establish appropriations of $634,877 in the Sheriff’s Department for salaries and benefits ($240,650) and services and supplies ($394,227) based on unanticipated revenue from the U.S. Department of Justice, Office On Violence Against Women. (4 VOTES)

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

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

13. SUBJECT: PROBATION’S ACCEPTANCE OF CONTINUATION FUNDING FOR GANG RESISTANCE EDUCATION AND TRAINING (GREAT) GRANT (DISTRICT: 1, 2 & 5)

OVERVIEW:This is a request to authorize the acceptance of a grant from the U.S. Department of Justice, Bureau of Justice Assistance, to provide $75,000 in continuation funding for the Gang Resistance Education and Training (GREAT) program for the period July 1, 2005 through June 30, 2006.

FISCAL IMPACT:Funds for this request are not included in the Probation Department’s Fiscal Year 2005-06 Operational Plan. Expenditures for this grant, however, can be made from the existing FY 2005-06 appropriations within the Probation Department. If approved, this request will result in $75,000 in over-realized revenue. The funding source is revenue from the U.S. Department of Justice, Bureau of Justice Assistance. No additional staff years are required.

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RECOMMENDATION:CHIEF ADMINISTRATIVE OFFICER1. Waive Board Policy B-29, which requires full cost recovery and Board approval prior to

grant submission.

2. Ratify the Probation Department’s submission and acceptance of the $75,000 GREAT grant from the U.S. Department of Justice, Bureau of Justice Assistance, for the period of July 1, 2005 to June 30, 2006.

3. Authorize the Chief Probation Officer to review and execute the acceptance of GREAT grant and any grant documents, extensions, amendments, or revisions thereof that do not materially impact or alter either the grant program or funding level.

4. Authorize the Probation Department’s submission of the Fiscal Year 2006-2007 grant application to the U.S. Department of Justice, Bureau of Justice Assistance.

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

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

14. SUBJECT: SHERIFF’S DEPARTMENT REQUEST FOR PROPOSAL FOR REVIEW OF USE OF FORCE POLICY (DISTRICT: ALL)

OVERVIEW:In order to ensure that the best possible practices are employed in the delivery of law enforcement services to the public, the Sheriff routinely reviews, evaluates and updates departmental policies and procedures. As part of the that process, the Sheriff is requesting the Board of Supervisors to authorize the Director of Purchasing and Contracting to issue a solicitation for consultant services in order to complete a comprehensive review of the department’s use of force policies, procedures and training.

FISCAL IMPACT:Funds for this request are budgeted. The funding source is general purpose revenue allocation in the Sheriff Fiscal Year 2005-06 Operational Plan. If approved, this request will result in expenditures of up to $150,000 over the term of the agreement and requires the addition of zero staff years.

RECOMMENDATION:SHERIFFIn accordance with Section 401, Article XXIII of the County Administrative Code, authorize the Director of the Department of Purchasing and Contracting to issue a competitive solicitation for consultant services, and upon successful negotiations and determination of a fair and reasonable price, award a contract for a term of one (1) year and up to an additional six months if needed, and to amend the contract as needed to reflect changes to services and funding, subject to approval of the Sheriff.

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

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

15. SUBJECT: SHERIFF’S DEPARTMENT LAW ENFORCEMENT AGREEMENT WITH THE RINCON BAND OF LUISENO INDIANS (DISTRICT: 5)

OVERVIEW:There are currently two separate law enforcement services agreements between the County of San Diego and the Rincon Band of Luiseno Indians (RBLI). The first agreement was executed on July 23, 2002 (12) and expires on July 31, 2006. This agreement states that RBLI will contract for one Special Purpose Officer (SPO) deputy. The second agreement was executed on November 5, 2003 (8) and expires on November 30, 2007. This agreement is partially funded by Community Oriented Policing Services (COPS) grant revenue and states that RBLI will fund the remaining costs of the SPO position.

This request is to consolidate the current agreements into one contract and add a third SPO starting January 1, 2006.

FISCAL IMPACT:SHERIFFFunds for this request are partially budgeted. The funding source is revenue from RBLI and Community Oriented Policing Services (COPS) grant. If approved, this request will result in estimated current year operating costs of $389,797 and revenue of $482,423, consisting of budgeted revenue from RBLI of $342,543 and COPS grant revenue of $25,000 and unanticipated revenue from RBLI of $114,880. Subsequent year costs are estimated to be $457,149 and revenue of $572,577. The remaining current year revenue of $92,626 and subsequent year revenue of $115,428 will be used to offset overhead costs. Cost and revenue amounts will be adjusted for negotiated salary increases, other cost adjustments or service level changes. RBLI will purchase a Patrol 4x4 vehicle for use by the third deputy. Contract costs include vehicle fuel and maintenance incurred by the Sheriff’s Department for the RBLI vehicle. If approved, this request will require the addition of zero staff years.

FLEET INTERNAL SERVICE FUNDFunds for this request are partially budgeted. The funding source is revenue from the Sheriff’s Department. If approved, this request will result in current year costs of $19,340, consisting of budgeted costs and revenue of $15,472 and unanticipated costs and revenue of $3,868. Subsequent year costs and revenue are estimated to be $24,522. The RBLI vehicle will not be depreciated and therefore will not be included in the vehicle replacement plan.

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RECOMMENDATION:SHERIFF 1. Waive Board Policy A-91, Mid –Year Budget Changes.

2. Approve and authorize the Clerk of the Board to accept and execute, upon receipt, the consolidated agreement between the County of San Diego and the Rincon Band of Luiseno Indians for three Special Purpose Officers to provide law enforcement services covering the agreement period of January 1, 2006 through December 31, 2009.

3. 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.

4. Establish appropriations of $96,273 in the Sheriff’s Department for the period January 1, 2006 through June 30, 2006, to provide law enforcement services to the Rincon Indian Reservation, based on unanticipated revenue from the Rincon Band of Luiseno Indians. (4 VOTES)

5. Amend the FY 05-06 Fleet Services Internal Service Fund Spending Plan in the amount of $3,868 to provide funding for the Rincon Band Luiseno Indians contract vehicle fuel and maintenance based on charges in the General Fund.

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

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

16. SUBJECT: PROBATION DEPARTMENT: APPLICATION FOR OFFICE OF TRAFFIC SAFETY GRANT (DISTRICT: ALL)

OVERVIEW:The California Office of Traffic Safety (OTS) has made funding available for California Probation Adult Driving Under the Influence (DUI) Offender programs in an effort to provide enhanced supervision of adult DUI offenders who are on probation. This is a request to apply for OTS funds and act as the grant administrator for participating California counties. If approved, the Probation Department will submit a grant application for $5,000,000 over three years to administer a California Probation Adult DUI Offender program and implement a San Diego DUI Intensive Supervision Enforcement Team program. This amount includes $748,000 to implement San Diego Probation’s DUI program and $150,000 to cover a portion of indirect costs to administer the grant.

FISCAL IMPACT:There is no fiscal impact associated with the grant application. However, if the grant application is approved the San Diego Probation Department will receive $748,000 for the San Diego DUI Intensive Supervision Enforcement Team program and three percent of the $5,000,000 grant ($150,000) to cover a portion of the administrative costs associated with acting as the grant administrator. A total of five positions (five staff years) will be funded by the grant and directed to the performance of intensive supervision of DUI offenders and grant administration. Four probation officer positions will provide intensive supervision of

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DUI offenders and assist existing casework officers by monitoring offenders’ compliance with court orders, increasing the number of contacts in the field, and monitoring additional probationers. One Account Technician (one staff year) will administer the grant; including processing of claims, reporting of program outcomes and coordinating other grant activities. Initial costs associated with grant development and implementation, such as reviewing proposals, drafting the Memorandums of Agreement, and drafting the one statewide proposal will be absorbed by the San Diego Probation Department.

RECOMMENDATION:CHIEF ADMINISTRATIVE OFFICER1. Waive Board Policy B-29, Fees, Grants, Revenue Contracts-Department Responsibility

for full Cost Recovery.

2. Approve and authorize the Chief Probation Officer to sign and submit an application for the three year California Office of Traffic Safety Grant.

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

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

17. SUBJECT: REALLOCATION OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS FOR PROPOSED PROJECT IN POWAY TO ASSIST HURRICANE KATRINA EVACUEES (DISTRICT: 2)

OVERVIEW:This is a request to reallocate $106,167 of Community Development Block Grant funds from the previously approved Poway Oak Knoll Infrastructure Improvements Design Project to a proposed new Poway Hurricane Katrina Evacuees Assistance Project. The City of Poway has requested this reallocation to support the Hurricane Katrina victim relief effort underway within the City.

The occurrence of Hurricane Katrina in September 2005, and its aftermath, has caused the displacement of a large number of residents from affected areas. As a result, more than 1,000 evacuee families have relocated to the San Diego region. The City of Poway now proposes to use the reallocated funds to resettle some of these families in Poway and assist them with their basic needs, including utilities, household supplies, food, clothing, and transportation. Approximately 10 lower-income families whose household incomes do not exceed 80% of the Area Median Income would be assisted in this program. The Poway Redevelopment Agency will administer the project in conjunction with a local non-profit community-based organization that would provide case management services.

This is also a request to authorize and approve amendments to the 2005-2010 County Consortium Consolidated Plan and 2005-2006 County Consortium Annual Funding Plan to allow the use of Community Development Block Grant funds for assistance to Hurricane Katrina evacuees in Poway. The requested amendment to the Plan requires a public hearing, public notice, and three-day public comment period.

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FISCAL IMPACT:Funds for this request are budgeted in the Fiscal Year 2005-06 Housing and Community Development Multiyear Projects Budget. The funding source is the Community Development Block Grant Program. There is no impact to the County General Fund. If approved, this request will result in $106,167 current year cost, and will require no additional staff costs.

RECOMMENDATION:CHIEF ADMINISTRATIVE OFFICER1. Approve and authorize reallocation of $106,167 of Community Development Block

Grant funds to the proposed Poway Hurricane Katrina Evacuees Assistance Project from the cancelled Poway Oak Knoll Infrastructure Improvements Design Project.

2. Approve and authorize an amendment to the 2005-2010 County Consortium Consolidated Plan and 2005-2006 Annual Funding Plan that would include the use of $106,167 in Community Development Block Grant funds for assistance to Hurricane Katrina evacuees.

3. Hold this public hearing to receive public comment on the proposed Hurricane Katrina Evacuees Assistance Project.

4. Authorize the publication of any required “Notices to the Public of Request for the Release of Funds” for the proposed Poway Hurricane Katrina Evacuees Assistance Project; authorize the Director, Department of Housing and Community Development, to execute Requests for Release of Funds; and direct staff to transmit these requests to the U.S. Department of Housing and Urban Development upon completion of any mandatory waiting period.

5. Authorize the Director, Department of Housing and Community Development, in consultation with County Counsel, to execute a $106,167 Community Development Block Grant contract with the City of Poway for implementation of the proposed Poway Hurricane Katrina Evacuees Assistance Project, and take all necessary actions for the submittal and/or regulatory processing for implementation.

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

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

18. SUBJECT: REVISION OF LIBRARY FINES AND FEES SCHEDULE (DISTRICT: ALL)

OVERVIEW:On April 20, 2004 (7), the Board of Supervisors approved updated Library fines and fees to ensure the timely return of library materials. The San Diego County Library regularly surveys the fines and fees charged by other public libraries within Southern California in an ongoing effort to encourage the return of library materials while increasing access to its collections by all patrons.

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Today’s actions will align San Diego County Library fines with those charged by other local libraries; promote library use by children, disadvantaged persons, and seniors; allow damaged books that are paid for by patrons to be given to the patrons; and permit staff to waive fees on a limited basis for patrons who are in financial hardship.

FISCAL IMPACT:This request is revenue-neutral. The department projects that the proposed decrease in per-unit fines and fees will result in increased circulation of library materials. Since the total amount of fines and fees collected is directly related to circulation, the initial decline in fees collected due to the per-unit decrease will be offset this fiscal year by the fines and fees collections generated by the new higher levels of circulation. This proposal will require no additional staff years.

RECOMMENDATION:CHIEF ADMINISTRATIVE OFFICER1. Waive Board Policies B-29, Fees, Grants and Revenue Contracts, Department

Responsibility for Full Cost Recovery, and A-94, Disposal of Personal Property.

2. Approve the resolution regarding Library Fines and Fees Schedule.

3. Authorize the Library Director to implement, effective January 1, 2006, the amended Library Fines and Fees Schedule as approved in the resolution in Recommendation 2 above.

ACTION:ON MOTION of Supervisor Jacob, seconded by Supervisor Horn, the Board took action as recommended, on Consent, adopting Resolution No. 05-235 entitled: A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF SAN DIEGO TO REVISE LIBRARY FINES AND FEES SCHEDULE.

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

19. SUBJECT: AUTHORIZING THE REGISTRAR OF VOTERS TO ENTER INTO STANDARD AGREEMENTS WITH CALIFORNIA SECRETARY OF STATE TO ACCEPT HELP AMERICA VOTE ACT FUNDING (DISTRICT: ALL)

OVERVIEW:The federal Elections Assistance Commission has provided funding to California’s Secretary of State through the Help America Vote Act (HAVA). The Secretary of State distributes HAVA funds to counties for ongoing election modernization projects and programs, including voting system improvements, enhancing disabled voter accessibility to poll places, and voter education.

The Board is requested to approve a resolution allowing the County’s Registrar of Voters to submit applications and execute standard Agreements with the California Secretary of State as funding is made available from time to time by the federal government.

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FISCAL IMPACT:There is no immediate fiscal impact to this proposal. The HAVA funding amounts and schedules are uncertain, and increases to appropriations will be requested at a later time. There will be no General Fund cost and the proposal will require no additional staff years. Any HAVA funding received will be expended according to the terms of the HAVA program under which the funds are allocated, such as new voting system implementation and enhancing poll place accessibility for voters with disabilities.

RECOMMENDATION:CHIEF ADMINISTRATIVE OFFICER1. Waive Board policy B-51, Grants, Awards and Revenue Contracts – Department to

Certify that Project will be Worthy of County Financial Support.

2. Adopt a resolution authorizing the Registrar of Voters to submit applications and enter into standard agreements with the California Secretary of State and receive future allocations of HAVA funds for continued improvements to and enhancement of voting systems, polling place accessibility, pollworker training, voter education programs, and other programs as allowable by HAVA.

ACTION:ON MOTION of Supervisor Jacob, seconded by Supervisor Horn, the Board took action as recommended, on Consent, adopting Resolution No. 05-236 entitled: A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF SAN DIEGO AUTHORIZING THE APPLICATION FOR FUNDS AND APPROVAL OF STANDARD CONTRACTS UNDER THE HELP AMERICA VOTE ACT OF 2002.

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

20. SUBJECT: CONTRACT FOR SEISMIC CONSULTANT SERVICES AT THE CENTRAL COURTHOUSE COMPLEX (DISTRICT: 1)

OVERVIEW:In September 2002, the Trial Court Facilities Act of 2002 became law. The legislation establishes the framework for the State of California to assume the financial responsibility for court facilities owned by local jurisdictions, such as the County of San Diego.

For the most part, the State will accept facilities “as is.” However, as currently written, the Act (Government Code section 70326) provides that neither title to nor responsibility for court facilities deemed “deficient” shall transfer to the State unless the State and County agree upon correction of the deficiencies. The Act currently defines a building with a seismic rating higher than Level IV as “deficient.” (According to the State Architect’s risk level descriptions, in a seismic event, a Level IV building could suffer moderate structural damage and require substantial or extensive repair; in contrast, a Level V building could suffer substantial structural damage with partial collapse likely and repair may not be cost effective.) If court facilities do not transfer due to unresolved deficiencies, the County continues to have financial responsibility for providing those facilities. Therefore, seismic ratings and potential retrofit options will affect the transfer of facilities and/or fiscal responsibility under the Act.

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In May 2005, the County retained BFL Owen to perform an independent assessment of seismic conditions at the Central Courthouse Complex in downtown San Diego. The BFL Owen contract of $49,810 has thus far identified the structural condition of the five buildings comprising the Central Courthouse Complex (the five buildings are interconnected structures with four facing Union Street between West Broadway on the south and crossing B Street on the north; one building sits behind and to the east of the Union Street buildings with access off C Street), documented existing seismic conditions at the site, and made recommendations for further seismic studies where review indicated they were warranted.

This Board Letter requests approval to contract for the second phase of the seismic evaluation of the Central Courthouse Complex. The purposes of the second phase of the seismic study are to establish final condition ratings, to develop cost-effective seismic retrofit options, and to estimate the costs of those options at the Central Courthouse Complex.

The actions before the Board today authorize the Director of Purchasing and Contracting to negotiate a subsequent contract with BFL Owen in an amount not to exceed $139,970 to complete those tasks. Article XXIII Section 401 of the Administrative Code requires Board of Supervisors approval for contracts that exceed $100,000 in most cases.

FISCAL IMPACT:Funds for this request are included in the Department of General Services Fiscal Year 2005-06 Operational Plan. The cost in Fiscal Year 2005-06 is estimated to be approximately $139,970 including staff costs. The funding source is the Penalty Assessment Collection Fund. The proposed action will result in no cost to the General Fund and no additional staff years.

BUSINESS IMPACT STATEMENT:Expenditures resulting from this action may create private sector jobs and economic opportunities.

RECOMMENDATION:CHIEF ADMINISTRATIVE OFFICER1. In accordance with Board Policy A-87, Competitive Procurement, approve and

authorize the Director of the Department of Purchasing and Contracting to enter into negotiations with BFL Owen; and subject to successful negotiations and determination of a fair and reasonable price, award a contract to complete analysis of seismic conditions at the Central Courthouse Complex, to develop seismic retrofit options, and to provide cost estimates for those options, for a period of up to one year, and to amend the contracts as needed to reflect changes to services and funding, subject to approval of the Director of the Department of General Services. Waive the advertising requirement of Board Policy A-87.

2. Designate the Director, Department of General Services as the County Officer responsible for administering this contract for the seismic analysis at the Central Courthouse Complex.

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3. Establish appropriations of $139,970 in the Penalty Assessment Collection Fund for payment to the Department of General Services Facilities Management Internal Service Fund based on Fiscal Year 2004-05 fund balance available in the Penalty Assessment Collection Fund. (4 VOTES)

ACTION:Adding the following recommendations: Direct the Chief Administrative Officer to add language to the 2006 County Legislative Support Program that would establish as policy the County’s support of State legislation that would allow courthouse facilities with seismic deficiencies to be transferred from counties to the state if the county agrees to indemnify the State for any further damage or liability as a result of seismic activity; and direct the Chief Administrative Officer to evaluate fiscal impact of indemnifying the State; ON MOTION of Supervisor Jacob, seconded by Supervisor Horn, the Board took action as recommended, on Consent.

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

21. SUBJECT: ADVERTISE AND AWARD CONSTRUCTION CONTRACTS FOR INTERIOR REMODEL AT GEORGE F. BAILEY DETENTION FACILITY (DISTRICT: 1)

OVERVIEW:George F. Bailey Detention Facility is the largest of the San Diego County Sheriff’s Department detention facilities and is located in East Otay Mesa (southwest San Diego County near the international border with Mexico) in a complex that includes the East Mesa Detention Facility and the Corrections Corporation of America facility, a privately run detention facility for federal inmates.

The facility was opened for occupancy in 1993 and currently houses approximately 1,600 inmates. Continuous and high use of the facility over the past decade has made interior renovations necessary, including major renovations to the shower facilities.

The proposed action would authorize the renovation of the shower facilities at George F. Bailey Detention Facility to include construction, project management, fees, and contingency. Relining of shower facilities will be with stainless steel material; the Sheriff’s Department believes such material will minimize health and safety risks and provide long-term durability while controlling maintenance costs.

After awarding the contract, project construction should be completed in approximately three months.

FISCAL IMPACT:Funding for this project is budgeted in the Sheriff’s Department and is allocated for Major Maintenance Project MP 4882 – George F. Bailey Shower Renovations. If approved, the proposal will result in a total estimated project cost of $338,313, which covers construction, project management, fees, and contingency. The funding source is previously approved Inmate Welfare funds budgeted in the Sheriff’s Department. There is no cost to the General Fund and no additional staff years are required.

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BUSINESS IMPACT STATEMENT:Expenditures resulting from this action may create private sector jobs and economic opportunities in San Diego County.

RECOMMENDATION:CHIEF ADMINISTRATIVE OFFICER1. Find in accordance with the California Environmental Quality Act (CEQA) Guidelines

Section 15301 that the Shower Renovations at George F. Bailey Detention Facility is categorically exempt, in that it involves the minor alteration of an existing public structure with no expansion of use.

2. Authorize the Director of Purchasing and Contracting to take any action authorized by Article XXIII, Section 401, et seq. of the Administrative Code with respect to contracting for the subject public works project, Shower Facilities Renovations at George F. Bailey Detention Facility.

3. Designate the Director of General Services as the County Officer responsible for administering the awarded construction contracts.

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

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

22. SUBJECT: COUNTY OF SAN DIEGO REDEVELOPMENT AGENCY FISCAL YEAR 2004-05 ANNUAL REPORT (DISTRICT: ALL)

OVERVIEW:This is a request to accept and approve the Fiscal Year 2004-05 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 2004-05 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.

RECOMMENDATION:CHIEF ADMINISTRATIVE OFFICER:Acting as the Board of Supervisors1. Accept and approve the Fiscal Year 2004-05 Annual Report of the County of San Diego

Redevelopment Agency.

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2. Authorize the Director, Department of Housing and Community Development, to transmit the Fiscal Year 2004-05 Annual Report of the County of San Diego Redevelopment Agency to the State Controller by December 31, 2005.

Relates to Redevelopment Agency Agenda No. 2.

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

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

23. SUBJECT: MIRACLE LEAGUE FIELD AT SAN DIEGUITO PARK (DISTRICT: 5)

OVERVIEW:The Miracle League Association is a nationally renowned organization that organizes baseball leagues for mentally and physically challenged youth.

This action will allocate $100,000 to the Department of Parks and Recreation for the design of a Miracle League field at San Dieguito Park.

FISCAL IMPACT:The cost of the proposed recommendation is $100,000. The funding source is Community Projects Budget (15670). This action will result in the addition of no staff years and no future costs.

RECOMMENDATION:VICE CHAIRMAN HORN:1. Find that the allocation to the Department of Parks and Recreation is exempt from

the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines section 15301.

2. Transfer appropriations of $100,000 from District 5 Community Projects Budget (15670) to Contributions to Capital Outlay Fund (Operating Transfer Out), for the design of a baseball field at San Dieguito Park.

3. Establish appropriations of $100,000 in the Capital Outlay Fund for Capital Project 1008292, Americans with Disabilities Act Ballfield, based on an Operating Transfer from the General Fund.

4. Find that this grant award has a public purpose.

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

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

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24. SUBJECT: ALLOCATION OF DISTRICT TWO COMMUNITY PROJECTS FUNDS (DISTRICT: 2)

OVERVIEW:Lemon Grove Little League has demonstrated a need for improvements to their baseball facility. For nearly 50 years, Lemon Grove Little League has been committed to providing safe recreational opportunities for children within their community. This action will grant Community Project funds to this organization to assist them in their efforts.

FISCAL IMPACT:The fiscal impact of this recommendation is $100,000. The funding source is FY 05-06 District Two Community Projects. This action will result in the addition of no new staff years and no future costs.

RECOMMENDATION:SUPERVISOR JACOB:1. Find that the allocation to the Lemon Grove Little League is exempt from the

California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines sections 15301 and 15304.

2. Allocate $100,000 from the District Two Community Projects fund (Org. 0262) to Lemon Grove Little League to be used for dug-out, T-ball field and outfield fence upgrades, to re-sod fields, and to purchase and install perimeter fencing, facility gates, a retaining wall and other upgrades to the facility.

3. Authorize the Chief Financial Officer to execute a grant agreement with the organization listed above, establishing terms for receipt of the funds described above.

4. Find that this grant award has a public purpose.

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

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

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

OVERVIEW:The County’s fiscal condition has enabled it to reinvest taxpayer money in our communities for the benefit of the public. The recommended action proposes that these projects of great benefit to San Diego County be funded using Community Projects Funds.

FISCAL IMPACT:The total combined cost of the proposed recommendations is $93,325. Appropriations are available in the Community Projects Budget unit (0264). This action will result in the addition of no staff years and no future costs.

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RECOMMENDATION:SUPERVISOR ROBERTS:1. Allocate $30,000 from the Community Projects Budget unit (0264) to the University

of San Diego Hahn School of Nursing and Health Science to purchase educational software, nursing laboratory equipment, chairs and tables.

2. Allocate $25,000 from the Community Projects Budget unit (0264) to Cancer Navigator to provide comprehensive cancer information through its HelpLine and website.

3. Allocate $10,000 from the Community Projects Budget unit (0264) to St. Paul’s Retirement Homes Foundation to purchase and install carpeting in the main dining room.

4. Allocate $25,000 from the Community Projects Budget unit (0264) to Strive/Second Chance to purchase computer servers and network infrastructure.

5. Allocate $3,325 from the Community Projects Budget unit (0264) to the City Heights Town Council to purchase bicycle helmets for children.

6. Authorize the Chief Financial Officer to execute a grant agreement with the organizations listed above establishing the terms for receipt of the funds described above.

7. Find that the grants described above have a public purpose.

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

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

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

OVERVIEW:Community Projects Funding assists non-profit organizations in providing essential services to citizens of San Diego County. Reinvesting taxpayer money in these worthwhile organizations is a benefit to the children and all the communities of North County.

FISCAL IMPACT:N/A

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RECOMMENDATION:

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VICE CHAIRMAN HORN:1. Find that the allocations to the Moonlight Cultural Foundation, the Fallbrook Sports

Association, Welcome Home Ministries and the Department of Parks and Recreation are exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines section 15301.

2. Allocate $40,000.00 from Community Projects Budget (15670) to The Arc of San Diego to purchase a passenger van with a wheelchair lift.

3. Allocate $69,000.00 from Community Projects Budget (15670) to the Moonlight Cultural Foundation to build a new ticket booth at The Moonlight Amphitheatre.

4. Allocate $2,500.00 from Community Projects Budget (15670) to the NAACP for costs related to the NAACP Blue and Gold Awards Gala to be held on .

5. Allocate $15,000.00 from Community Projects Budget (15670) to Able-Disabled Advocacy Inc. to purchase laptop computers used in computer literacy courses for seniors and homeless veterans.

6. Allocate $17,228.00 from Community Projects Budget (15670) to the Department of Public Works for two years of rent for Fallbrook Community Youth Baseball Council’s use of a youth baseball field complex at Fallbrook Community Airpark.

7. Allocate $23,300.00 from Community Projects Budget (15670) to the Fallbrook Sports Association to purchase equipment and build improvements at Fallbrook Ingold Community Sports Park.

8. Allocate $30,000.00 from Community Projects Budget (15670) to Buckheart Ranch for the costs of a truck, trailer, and farm equipment.

9. Allocate $25,000.00 from Community Projects Budget (15670) to the Department of Parks and Recreation (#52821) for electrical improvements at Santa Margarita Open Space Park.

10. Allocate $12,112.00 from Community Projects Budget (15670) to Welcome Home Ministries for sidewalk construction, termite tenting, and building renovation costs at organization’s office building.

11. Allocate $30,000.00 from Community Projects Budget (15670) to Elder Law and Advocacy for costs associated with hosting the Consumer Protection Day event to be held on February 4, 2006.

12. Allocate $130,000.00 from Community Projects Budget (15670) to Angel’s Depot for costs associated with starting a program to provide food and household items to elderly citizens.

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13. Authorize the Chief Financial Officer to execute grant agreements with these organizations listed in Recommendations 2, 3, 4, 5, 7, 8, 10, 11 and 12 establishing the terms for receipt of the funds described above.

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

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

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

27. SUBJECT: SUPPORTING THE PASSAGE OF JESSICA'S LAW (DISTRICTS: ALL)

OVERVIEW:San Diego County has led the fight to better protect residents from dangerous sex offenders. This region is a national model for cooperation and innovation when it comes to tracking, supervising and containing registered sex offenders, and we have made it a priority to raise public awareness about the threat of sex offenders living in our communities. However, we can’t do it alone. Progress has been made, but more needs to be done at the state level.

In light of the California State Legislature’s failure to act on important sex offender legislation, citizens and community leaders are now pursuing a State initiative called Jessica’s Law. Jessica’s Law is named after Jessica Lunsford, a 9-year-old Florida girl that was killed by a registered sex offender. Jessica’s Law, which is sponsored by Governor Arnold Schwarzenegger, will enhance the effort to better protect children and families from dangerous predators through multiple changes to existing laws, including increasing penalties for sexual assault and kidnapping, requiring GPS tracking, prohibiting sex offenders from living close to schools and parks, and protecting children from internet luring. These are just some of the many necessary changes that Jessica’s Law will bring to California, changes that this Board has been seeking for several years.

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

RECOMMENDATION:SUPERVISOR JACOB AND SUPERVISOR ROBERTS:1. Adopt a resolution entitled:

Resolution of the San Diego County Board of Supervisors supporting Jessica’s Law.

2. Direct the Chief Administrative Officer to draft a letter for the Chair’s signature, informing the advocates for Jessica’s Law that the San Diego County Board of Supervisors is in full support of Jessica’s Law.

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ACTION:ON MOTION of Supervisor Jacob, seconded by Supervisor Horn, the Board took action as recommended, on Consent, adopting Resolution No. 05-237 entitled: RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF SAN DIEGO SUPPORTING JESSICA’S LAW.

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

28. SUBJECT: AMENDMENTS TO THE COMPENSATION ORDINANCE (DISTRICT: 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: establishing and renaming classifications to reflect organizational changes, deleting obsolete classifications, adjusting salaries in selected classifications to be competitive to attract qualified candidates, amending the variable entry code for specified classifications, and amending sections of the Compensation Ordinance.

FISCAL IMPACT:Funds for these recommendations are included in the 2005-2006 budget.

RECOMMENDATION:CHIEF ADMINISTRATIVE OFFICERApprove introduction (first reading) of ordinances; read title and waive further reading of ordinances (MAJORITY VOTE):

AN ORDINANCE AMENDING THE COMPENSATION ORDINANCE AND ESTABLISHING COMPENSATION.

Submit ordinances for further Board consideration and adoption (second reading) on January 10, 2006.

ACTION:ON MOTION of Supervisor Jacob, seconded by Supervisor Horn, the Board took action as recommended, on Consent, introducing Ordinance for further consideration and adoption on January 10, 2006.

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

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29. SUBJECT: EMPLOYEE MEDICAL INSURANCE REQUEST FOR PROPOSALS (DISTRICT: ALL)

OVERVIEW:The goal of the proposed Request For Proposal (RFP) is to provide employees with high quality medical benefits at a reasonable cost. The proposed action would authorize an RFP and negotiation of a contract for medical benefits that are currently being provided by PacifiCare. The competitive procurement should produce favorable results, which is consistent with on-going efforts to maintain a skilled and competent workforce. Labor organizations have provided input into the plan design consideration and will be represented in the selection process. The proposed term of the contract will include up to a 39-month base period; two additional one-year options; and an additional six months if needed.

FISCAL IMPACT:This action will not require additional appropriations. Funding for employee benefit program costs will be included in all departmental budgets for fiscal year 2006-2007.

RECOMMENDATION:CHIEF ADMINISTRATIVE OFFICERIn accordance with Sections 401 et seq, of the County Administrative Code the Director, Department of Purchasing and Contracting is authorized to issue a Competitive Solicitation for Medical Insurance, and upon successful negotiation and determination of a fair and reasonable price, award a contract for a base period of up to 39-months; plus two additional one-year options; plus an additional six months if needed; and to amend the contract as needed to reflect changes to services and funding, subject to the approval of the Director, Department of Human Resources.

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

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

30. SUBJECT: FISCAL YEAR 2005-06 FIRST QUARTER OPERATIONAL PLAN STATUS REPORT, BUDGET, STAFFING ADJUSTMENTS, AND RATIFICATION OF FY 2004-05 YEAR END BUDGET ADJUSTMENTS (DISTRICT: ALL)

OVERVIEW:This report summarizes the first quarter status of the County’s FY 2005-06 Operational Plan as measured by projected year-end fund balance. The projected fund balance from current year operations for the General Fund is $131.8 million and for all budgetary funds combined is $179.4 million.

Further, this letter recommends budget adjustments to improve various services to the public, meet contractual or other obligations, reflect changes in funding sources or amounts, fund positions for the new Fire Prevention Program, carry out capital and major

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maintenance projects, increase road maintenance, establish management reserves, provide more cost effective enterprise-wide staff training, and reimburse departments for Quality First payments made to employees. In addition, the Board is asked to ratify budget adjustments made by staff during Fiscal Year 2004-05 year-end closing to various county service area (CSA), park land dedication ordinance (PLDO), private road development (PRD) and internal service funds. Also recommended is the establishment of a Kearny Mesa Lease reserve designation and the net increase in the fund balance designations for the Department of Environmental Health and the Sheriff’s Department.

FISCAL IMPACT:The funds for a portion of these requests are not budgeted. These actions will cancel budgeted appropriations and the related sources of funding in the amount of $6,892,086. If approved, these actions will establish additional appropriations of $72,844,943 resulting in a net increase in appropriations of $65,952,857.

RECOMMENDATION:CHIEF ADMINISTRATIVE OFFICER1. Accept the FY 2005-06 first quarter report on projected year-end results.

2. Waive Board Policy A-91, Mid-Year Budget Changes.

3. Establish appropriations in services and supplies of $2,338,063 in the Defense Attorney/Contract Administration for the Private Conflict Counsel Fiscal Year 2004-05 contract true-up based on the Public Safety Group’s Fiscal Year 2004-05 fund balance available. (4 VOTES)

4. Establish appropriations in services and supplies of $16,060 in the Public Safety Group Executive Office for the Mainframe O/S390 upgrade costs (Work Order #1864 Change Request #2) based on the Public Safety Group’s Fiscal Year 2004-05 fund balance available. (4 VOTES)

5. Establish appropriations of $900,000 in services and supplies in the Contribution for Trial Courts for Fiscal Year 2004-05 shared major maintenance projects in progress based on the Public Safety Group’s Fiscal Year 2004-05 fund balance available. (4 VOTES)

6. Cancel appropriations in services and supplies and related revenues of $975,588 in the Contribution for Trial Courts due to the transfer of revenues pursuant to Assembly Bill 139 and Assembly Bill 145.

7. Establish appropriations in services and supplies of $975,588 in the Contribution for Trial Courts for the transfer of revenues pursuant to Assembly Bill 139 and Assembly Bill 145 based on the Public Safety Group’s Fiscal Year 2004-05 fund balance available. (4 VOTES)

8. Establish appropriations in salaries and benefits of $52,600 in the Department of Housing and Community Development for a “Special Needs Housing Coordinator” position based on the Public Safety Group’s Fiscal Year 2004-05 fund balance available. (4 VOTES)

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9. Establish appropriations in services and supplies of $50,000 in the Public Safety Group Executive Office for executive coaching services based on the Public Safety Group’s Fiscal Year 2004-05 fund balance available. (4 VOTES)

10. Establish appropriations of $600,000 in the Penalty Assessment Collection Fund (Operating Transfer Out), for transfer to the Contribution for Trial Courts to fund operations and maintenance costs based on FY 04-05 Penalty Assessment Collection fund balance available. (4 VOTES)

11. Establish appropriations in services and supplies of $600,000 in the Contribution for Trial Courts for operations and maintenance costs based on an Operating Transfer from the Penalty Assessment Collection Fund. (4 VOTES)

12. Establish appropriations in services and supplies of $76,391 in the Public Safety Group Executive Office for Fiscal Year 2005-06 shared major maintenance projects based on over realized Recovered Expenditure revenue. (4 VOTES)

13. Establish appropriations of $581,000 in the Public Safety Group Executive Office for major maintenance project MP4876, Central Jail Window Washing, based on the Public Safety Group’s Fiscal Year 2004-05 fund balance available. (4 VOTES)

14. Establish appropriations of $67,292 in the Office of Emergency Services for costs associated with the Fire Protection Trust Fund for one-time capital improvement needs based on Public Safety Group’s Fiscal Year 2004-05 fund balance available. (4 VOTES)

15. Establish appropriations of $7,000 in the Office of Emergency Services for costs associated with the San Onofre Nuclear Generating Station (SONGS) based on unanticipated revenue from the State of California Office of Emergency Services SONGS Program. (4 VOTES)

16. Establish appropriations of $5,500 in the Office of Emergency Services for costs associated with the Countywide Community Emergency Response Team (CERT) based on Public Safety Group’s Fiscal Year 2004-05 fund balance available. (4 VOTES)

17. Establish appropriations of $2,200,000 in the Public Safety Group Proposition 172 Special Revenue Fund (Operating Transfer Out), for transfer to the District Attorney’s Office, based on Fiscal Year 2004-05 fund balance available in the Proposition 172 Special Revenue Fund. (4 VOTES)

18. Cancel appropriations and related revenue of $2,200,000 in the District Attorney’s Office due to a shortfall in Federal Reimbursement Revenue for the Southwest Border Prosecution Initiative (SWBPI).

19. Establish appropriations in salaries and benefits of $2,200,000 in the District Attorney’s Office for the Southwest Border Prosecution Initiative (SWBPI) based on an Operating Transfer from the Fiscal Year 2004-05 Proposition 172 Special Revenue Fund. (4 VOTES)

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20. Establish appropriations in services and supplies of $90,000 in the District Attorney’s Federal Seized Asset Forfeiture Fund for costs associated with the purchase of law enforcement ballistic vests based on Federal Seized Asset Forfeiture Fund balance available. The vests will be used by sworn peace officers of the District Attorney’s Bureau of Investigations. (4 VOTES)

21. Establish appropriations of $4,412 in the District Attorney’s Federal Seized Asset Forfeiture Fund for services and supplies based on unanticipated revenue from the Jurisdictions Unified for Drug Gang Enforcement (JUDGE) Seized Asset Forfeiture Fund. (4 VOTES)

22. Establish appropriations of $8,340 in the District Attorney’s Federal Seized Asset Forfeiture Fund for services and supplies based on Federal Seized Asset Forfeiture Fund balance available for travel and training costs to the 2005 California District Attorney Investigators’ Association Annual Training Conference. (4 VOTES)

23. Establish appropriations of $607,593 in the Public Safety Group Proposition 172 Special Revenue Fund (Operating Transfer Out), for transfer to the District Attorney’s Office, based on Fiscal Year 2004-05 Fund balance available in the Proposition 172 Special Revenue Fund. (4 VOTES)

24. Establish appropriations in services and supplies of $607,593 in the District Attorney’s Office for improved security at regional court facilities based on an Operating Transfer from the Fiscal Year 2004-05 Proposition 172 Special Revenue Fund. (4 VOTES)

25. Establish appropriations of $118,038 in the Public Safety Group Proposition 172 Special Revenue Fund (Operating Transfer Out), for transfer to the Probation Department, based on Fiscal Year 2004-05 Fund balance available in the Proposition 172 Special Revenue Fund. (4 VOTES)

26. Establish appropriations in services and supplies of $118,038 in the Probation Department for improved security at regional court facilities based on an Operating Transfer from the Fiscal Year 2004-05 Proposition 172 Special Revenue Fund. (4 VOTES)

27. Transfer appropriations of $3,996,587 in salaries and benefits from the Sheriff’s Department, Medical Services Division to the Public Safety Group’s Management Reserve for the one time costs associated with the agreement between the California State Association of Counties and the State Administrative Office of the Courts. (4 VOTES).

28. Establish appropriations of $6,030,000 in the Proposition 172 Special Revenue Fund (Operating Transfer Out) for transfer to the Justice Facility Construction Fund or to the Sheriff’s Department as outlined in recommendations 29-32 based on Fiscal Year 2004-05 fund balance available in the Proposition 172 Special Revenue Fund. (4 VOTES)

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29. Establish appropriations of $1,000,000 in the Justice Facility Construction Fund for Capital Project 1006584, Rancho San Diego Station based on an Operating Transfer from the Proposition 172 Special Revenue Fund. (4 VOTES)

30. Establish appropriations of $1,000,000 in the Justice Facility Construction Fund for Capital Project 1006585, Alpine Station based on an Operating Transfer from the Proposition 172 Special Revenue Fund. (4 VOTES)

31. Establish appropriations in services and supplies of $3,030,000 in the Sheriff’s Department for various facility repairs and upgrades based on an Operating Transfer from the Proposition 172 Special Revenue Fund. (4 VOTES)

32. Establish appropriations in services and supplies of $1,000,000 in the Sheriff’s Department to replace equipment in the Central Food Production Center and Crime Lab based on an Operating Transfer from the Proposition 172 Special Revenue Fund. (4 VOTES)

33. Establish appropriations of $1,000,000 in the Proposition 172 Special Revenue Fund services and supplies for transfer to the ASTREA Trust Fund based on fund balance available in the Proposition 172 Special Revenue Fund. (4 VOTES)

34. Establish appropriations of $32,958 in the Sheriff’s Department for the Coverdell 04 Training Program, based on unanticipated grant revenue from the Federal Office of Emergency Services. (4 VOTES)

35. Ratify an increase in appropriations of $187 in the Fiscal Year 2004-05 budget for the County Service Area 135 Regional 800 MHz for special departmental expense based on und balance available. (4 VOTES)

36. Ratify an amendment to the Fiscal Year 2004-05 Sheriff’s Jail Stores Commissary Internal Service Fund Spending Plan in the amount of $145,000 for services and supplies based on fund balance available.  (4 VOTES)

37. Establish appropriations of $65,500 in services and supplies ($27,704) and salaries and benefits ($37,796) in the Sheriff’s Department to provide law enforcement services for marijuana eradication based on unanticipated revenue from the Drug Enforcement Administration. (4 VOTES)

38. Establish appropriations in services and supplies of $5,000 in the Sheriff’s Department for the Sheriff’s Museum to re-appropriate the Fiscal Year 2004-05 Community Project Funds allocated on October 5, 2004 (6) based on Public Safety Group’s Fiscal Year 2004-05 fund balance available. (4 VOTES)

39. Establish appropriations in salaries and benefits of $115,100 in the Sheriff’s Crime Lab to pay salary costs for three temporary expert professional positions based on unanticipated grant revenue from the Forensic Casework DNA Backlog Reduction Program Fiscal Year 2005. (4 VOTES)

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40. Establish appropriations in services and supplies of $130,049 in the Sheriff’s Crime Lab for DNA analysis equipment and renovation of existing laboratory space, based on unanticipated grant revenue from the DNA Capacity Enhancement Program Fiscal Year 2005. (4 VOTES).

41. Authorize the Auditor and Controller to increase the reserve designation within the General Fund for the Sheriff by $3,000,000 based on Public Safety Group Fiscal Year 2004-05 fund balance available.  (4 VOTES)

42. Cancel appropriations in services and supplies and related revenues of $739,540 in the Contribution for Trial Courts due to anticipated revenue variances.

43. Establish appropriations in services and supplies of $739,540 in the Contribution for Trial Courts due to anticipated revenue variances based on the Public Safety Group’s Fiscal Year 2004-05 fund balance available ($564,819) and anticipated over realized revenue from court reporter fees ($174,721). (4 VOTES)

44. Establish appropriations of $11,866,847 in salaries and benefits for Quality First payments based on the Public Safety Group’s Fiscal Year 2004-05 fund balance available as follows: District Attorney, $1,806,411; Sheriff, $4,199,540; Probation, $3,348,780; Department of Child Support Services, $1,339,787; Medical Examiner, $122,329; Public Defender, $608,285; Public Safety Group Executive Office, $27,728; Office of Emergency Services, $44,560; Citizens Law Enforcement Review Board, $14,212; and Alternate Public Defender $355,215. (4 VOTES)

45. Establish appropriations of $172,000 in the Department of Agriculture, Weights and Measures for equipment for the County Veterinarian based on Land Use and Environmental Group’s Fiscal Year 2004-05 fund balance available. (4 VOTES)

46. Establish appropriations of $17,941 in the Department of Agriculture, Weights and Measures, Fish and Wildlife Advisory Commission for services and supplies for payment of grant awards based on fund balance available in the Wildlife Advisory Commission Fund. (4 VOTES)

47. Authorize the Auditor and Controller to increase the reserve designation within the General Fund for Environmental Health by $2,059,950 based on Land Use and Environment Group’s Fiscal Year 2004-05 fund balance available. (4 VOTES)

48. (Operating Transfer Out), for the construction of the Sweetwater Trails/Bikeways project, based on unanticipated revenue from the sale of surplus property to the City of National City. (4 VOTES)

49. Establish appropriations of $230,000 in the Capital Outlay Fund for Capital Project 1005262, Sweetwater Trails/Bikeways Construction, based on an Operating Transfer from the General Fund. (4 VOTES)

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50. Cancel appropriations and related State Legislative Appropriations of $197,558 in the Capital Outlay Fund for Capital Project 1000207, Sweetwater Summit Campground and Local Park, due to the expiration of the grant performance period.

51. Authorize the Auditor & Controller to refund advance payment of $213,311 to the California Department of Parks and Recreation for the Sweetwater Summit Campground and Local Park project.

52. Cancel appropriations and related Operating Transfer from the General Fund of $25,000 in the Capital Outlay Fund for Capital Project 1000012, MSCP/Open Space Acquisitions, to provide funds for the Santa Maria Creek Acquisition (Cagney) project.

53. Establish appropriations of $25,000 in the Capital Outlay Fund for Capital Project 1005263, Santa Maria Creek Acquisition (Cagney), based on an Operating Transfer from the General Fund. (4 VOTES)

54. Establish appropriations of $50,745 in the Escondido Park Land Dedication Ordinance (PLDO) Fund, Operating Transfer Out, for the Felicita Trail Improvements project, based on Fund Balance available in the Escondido PLDO Fund. (4 VOTES)

55. Establish appropriations of $50,745 in the Capital Outlay Fund for Capital Project 1008290, Felicita Trail Improvements, based on an Operating Transfer from the Escondido PLDO Fund. (4 VOTES)

56. Establish appropriations of $47,700 in the Capital Outlay Fund for Capital Project 1008290, Felicita Trail Improvements, based on awarded Land and Water Conservation Fund grant funds. (4 VOTES)

57. Establish appropriations of $90,000 in the Laguna/Mt. Empire Park Land Dedication Ordinance (PLDO) Fund, Operating Transfer Out, for the Mountain Empire Community Center Playground project, based on Fund Balance available in the Laguna/Mt. Empire PLDO Fund. (4 VOTES)

58. Establish appropriations of $90,000 in the Capital Outlay Fund for Capital Project 1008291, Mountain Empire Community Center Playground, based on an Operating Transfer from the Laguna/Mt. Empire PLDO Fund. (4 VOTES)

59. Cancel appropriations and related State Coastal Conservancy grant revenue of $20,000 in the Capital Outlay Fund for Capital Project 1000246, Otay Valley Regional Park Acquisition, to provide funds for the Otay Valley Regional Park Habitat Restoration/Trail Development project.

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60. Establish appropriations of $20,000 in the Capital Outlay Fund for Capital Project 1000165, Otay Valley Regional Park Habitat Restoration/Trail Development, based on State Coastal Conservancy grant revenue made available by the cancellation of grant funds in Capital Project 1000246. (4 VOTES)

61. Cancel appropriations and related Operating Transfer from the General Fund of $1,267,200 in the Capital Outlay Fund for Capital Project 1000012, MSCP/Open Space Acquisitions, due to substitution of land for reimbursement for the sale of Coastal Sage Scrub habitat.

62. Cancel appropriations and related revenue of $1,267,200 in Contributions to Capital Outlay Fund for the MSCP/Open Space Acquisitions project.

63. Transfer appropriations of $700,000 from Land Use and Environment Group Management Reserves to Contributions to Capital Outlay Fund (Operating Transfer Out), for the Americans with Disabilities Act Ballfield project. (4 VOTES)

64. Establish appropriations of $700,000 in the Capital Outlay Fund for Capital Project 1008292, Americans with Disabilities Act Ballfield, based on an Operating Transfer from the General Fund. (4 VOTES)

65. Establish appropriations of $105,000 in the Capital Outlay Fund for Capital Project 1008292, Americans with Disabilities Act Ballfield, based on awarded Proposition 12 Roberti-Z’Berg-Harris grant funds. (4 VOTES)

66. Cancel appropriations and related Nonpoint Source Pollution Control grant revenue of $200,000 in the Capital Outlay Fund for Capital Project 1005263, Santa Maria Creek Acquisition (Cagney), to provide funds for the Santa Maria Creek Restoration (Cagney) project.

67. Establish appropriations of $200,000 in the Capital Outlay Fund for Capital Project 1005264, Santa Maria Creek Restoration (Cagney), based on Nonpoint Source Pollution Control grant revenue made available by the cancellation of grant funds in Capital Project 1005263. (4 VOTES)

68. Transfer appropriations of $50,000 from the Department of Parks and Recreation (Special Departmental Expense) to Contributions to Capital Outlay Fund (Operating Transfer Out), to provide funds for the Santa Maria Creek Restoration (Cagney) project. (4 VOTES)

69. Establish appropriations of $50,000 in the Capital Outlay Fund for Capital Project 1005264, Santa Maria Creek Restoration (Cagney), based on an Operating Transfer from the General Fund. (4 VOTES)

70. Establish appropriations of $164,000 in the Capital Outlay Fund for Capital Project 1008289, Lake Morena Pacific Crest Trail Staging/Camping Area, based on awarded Recreational Trails Program grant funds. (4 VOTES)

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71. Ratify an increase in appropriations of $30,000 in the Fallbrook area Park Land Dedication Ordinance (PLDO) fund, Operating Transfer Out, for the Fallbrook Sports Park project, based on Fund Balance available. (4 VOTES)

72. Ratify an increase in appropriations of $90,000 in the Palomar-Julian Park Land Dedication Ordinance (PLDO) fund, Operating Transfer Out, for the Julian Memorial Park Picnic Area/Walkways project and the Jess Martin Phase II Ballfield Improvements project, based on Fund Balance available. (4 VOTES)

73. Establish appropriations of $5,000,000 in the Department of Public Works Road Fund for Road Maintenance based on unanticipated revenue from State Traffic Congestion Relief (Proposition 42) program. (4 VOTES)

74. Establishment appropriations of $350,000 in the Department of Public Works Road Fund for urgent road repair contracts based on the Road Fund’s Fiscal Year 2004-2005 fund balance available. (4 VOTES)

75. Establish appropriations of $400,000 in the Department of Public Works Road Fund for major maintenance based on Fiscal Year 2004-05 fund balance available in the Road Fund. (4 VOTES)

76. Amend the FY2005-06 Airport Enterprise Fund Spending Plan by $221,574 for an Operating Transfer Out to the Department of Public Works Equipment Acquisition Internal Service Fund Airports based on a grant from the Federal Aviation Administration (FAA). (4 VOTES)

77. Establish appropriations of $200,000 in the Department of Public Works Detailed Work Program for consultants for Cole Grade Road Widening project based on unanticipated revenue from TransNet. (4 VOTES)

78. Establish appropriations of $96,000 in the Department of Planning & Land Use to fund improvements to the customer service counter located at the Ruffin Road Annex based on Land use and Environment Group’s Fiscal Year 2004-05 fund balance available. (4 VOTES)

79. Establish appropriations $774,000 in the Department of Planning & Land Use, to fund 7 additional staff years and the required services and supplies, to provide direct support to the newly established Fire Prevention Program based on Land Use and Environment Group’s Fiscal Year 2004-05 fund balance available (4 VOTES)

80. Establish appropriations of $228,000 in Services and Supplies for shared major maintenance in various departments, based on Land Use and Environment Group’s Fiscal Year 2004-05 fund balance available as follows: Agriculture, Weights and Measures $158,398; Farm and Home Advisor $62,878 and the Land Use and Environment Group – Executive Office $6,724. (4 VOTES)

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81. Establish appropriations of $283,414 in Services and Supplies for operational improvements in various departments, based on Land Use and Environment Group’s Fiscal Year 2004-05 fund balance available as follows: Agriculture, Weights and Measures $28,414; Parks and Recreation $77,000; Planning and Land Use $78,000; Public Works $100,000. (4 VOTES)

82. Ratify an increase in appropriations of $1,529 to the Fiscal Year 2004-05 budget for PRD 128 Birch Street for special department expense based on fund balance available. (4 VOTES)

83. Ratify an increase in appropriations of $16 to the Fiscal Year 2004-05 budget for PRD 1005 Eden Valley for special department expense based on fund balance available. (4 VOTES)

84. Ratify the transfer of appropriations of $60,000 within the Fiscal Year 2004-05 budget for CSA 26 Rancho San Diego from Operating Transfer Out to Services and Supplies for costs incurred in the Department of Parks and Recreation on behalf of the CSA which were billed through an Internal Agreement. (4 VOTES)

85. Establish appropriations of $525,631 in the Land Use and Environment Group’s Management Reserves, based on Land Use and Environment Group’s Fiscal year 2004-05 fund balance available. (4 VOTES)

86. Establish appropriations of $75,000 in the Department of Planning and Land Use for the Otay Mesa Traffic Study, based on Land Use and Environment Group’s Fiscal Year 2004-05 fund balance available. (4 VOTES)

87. Establish appropriations of $50,000 in the Department of Parks and Recreation for the Spring Valley Critical Hours program based on unanticipated revenue from a grant funding received. (4 VOTES)

88. Establish appropriations of $11,750 in the Department of Parks and Recreation based on awarded Habitat Conservation Fund grant funds. (4 VOTES)

89. Establish Appropriations of $1,658,892 in salaries and benefits for Quality First payments based on Land Use and Environment Group’s Fiscal Year 2004-05 fund balance available as follows: Agriculture, Weights and Measures $226,572; Environmental Health $567,769; Farm and Home $11,604; Parks and Recreation $365,982; Planning and land Use $431,021 and Executive Office $55,944. (4 VOTES)

90. Authorize the addition of seven new positions at the Registrar of Voters to provide management and technical support to election staff; and direct the Department of Human Resources to classify the positions.

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91. Establish appropriations of $1,650,000 in the Registrar of Voters for costs associated with the July 26, 2005, City of San Diego Special Election based on unanticipated revenue received from the City of San Diego. (4 VOTES)

92. Amend the FY 05-06 Department of General Services Major Maintenance Internal Service Fund spending plan by $6,075,112 for an increase in expenditures for major maintenance based on charges for services received from the General Fund.

93. Establish appropriations of $2,173,914 in the Community Services Group Executive Office for management reserves based on Community Services Group’s FY 04-05 fund balance available. (4 VOTES)

94. Establish appropriations of $720,000 in salaries and benefits for Quality First payments in the County Library Fund based on FY 04-05 Library Fund balance available. (4 VOTES)

95. Establish appropriations of $5,927,229 in the County Library Fund for management reserves based on fund balance. (4 VOTES)

96. Establish appropriations of $472,500 in salaries and benefits for Quality First payments based on Community Services Group’s FY 04-05 fund balance available as follows: Registrar of Voters ($85,000), Animal Services ($214,000), and Housing and Community Development ($173,500). (4 VOTES)

97. Establish appropriations of $444,000 in Human Resources for one-time expenses for the development of web based training and on-line help tools for the Enterprise Resource Planning (ERP) Systems based on Finance and General Government Group Fiscal Year 2004-2005 fund balance available. (4 VOTES)

98. Establish appropriations of $850,000 in the Public Liability Insurance Fund for the investigation and defense of claims and litigation including depositions costs, photocopying, appraisals, court fees, reports, outside counsel and retention of expert consultants, based on fund balance available. (4 VOTES)

99. Authorize the Auditor and Controller to establish a HA Kearny Mesa Lease reserve designation within the General Fund in the amount of $1,329,318, based on Fiscal Year 2004-2005 fund balance available. (4 VOTES)

100. Establish Appropriations of $2,968,534 in Salaries and Benefits for Quality First payments based on the Finance and General Government Group’s Fiscal Year 2004-2005 Fund Balance available as follows: Assessor/Recorder/County Clerk, $1,194,660; Auditor and Controller, $653,376; Chief Administrative Office, $77,784; Civil Service Commission, $12,076; Clerk of the Board, $92,720; County Counsel, $220,723; County Technology Office, $86,012; Human Resources, $323,903; Treasurer/Tax Collector, $307,280. (4 VOTES)

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101. Establish Appropriations of $67,760 in Salaries and Benefits for Quality First payments based on the Media and Public Relation’s Fiscal Year 2004-2005 Fund Balance available. (4 VOTES)

102. Establish appropriations of $213,000 in Board of Supervisors District 1 for one-time expenses in services and supplies based on Finance and General Government Group’s Fiscal Year 2004-2005 Fund Balance available. (4 VOTES)

103. Establish appropriations of $180,000 in Board of Supervisors District 2 for one-time expenses in services and supplies based on Finance and General Government Group’s Fiscal Year 2004-2005 Fund Balance available. (4 VOTES)

104. Establish appropriations of $145,000 in Board of Supervisors District 3 for one-time expenses in salaries and wages based on Finance and General Government Group’s Fiscal Year 2004-2005 Fund Balance available. (4 VOTES)

105. Establish appropriations of $229,000 in Board of Supervisors District 4 for one-time expenses in services and supplies based on Finance and General Government Group’s Fiscal Year 2004-2005 Fund Balance available. (4 VOTES)

106. Establish appropriations of $373,000 in Board of Supervisors District 5 for one-time expenses in services and supplies based on Finance and General Government Group’s Fiscal Year 2004-2005 Fund Balance available. (4 VOTES)

Relates to Air Pollution Control Board No. 1, Flood Control District No. 1, Redevelopment Agency No. 1 and Sanitation Districts No. 1 Agenda Items.

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

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

31. SUBJECT: NOTICED PUBLIC HEARING:ISSUANCE OF TAX-EXEMPT OBLIGATIONS BY THE ASSOCIATION OF BAY AREA GOVERNMENTS FINANCE AUTHORITY FOR NON-PROFIT CORPORATIONS ON BEHALF OF THE GRAUER FOUNDATION FOR EDUCATION (DISTRICT: ALL)

OVERVIEW:Approve the tax-exempt financing by the Association of Bay Area Governments Finance Authority (the “ABAG”), for the benefit of the Grauer Foundation for Education (the “Borrower”). ABAG is a joint powers authority of which the County of San Diego is a member. ABAG assists non-profit corporations in California through the issuance of tax-exempt obligations.

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The only role of the County of San Diego in this project is to approve the financing solely for purposes of satisfying the public approval requirement of Section 147(f) of the Internal Revenue Code of 1986. Similar approvals have been given to other conduits financed by ABAG.The Borrower has, through an application process, applied with ABAG to issue tax-exempt variable-rate demand bonds in an amount not to exceed $4,000,000 (the “Bonds”). The proceeds of the Bonds will be used to finance the acquisition or reimbursement of costs for certain facilities of the Borrower.

FISCAL IMPACT:If approved, this proposal will result in $1,000 of revenue to be used to fund the County’s Investor Relation Programs as approved by the Board of Supervisors in the County’s Debt Management Policy (B-65). No additional staff years will be required.

RECOMMENDATION:CHIEF ADMINISTRATIVE OFFICER AND DEBT ADVISORY COMMITTEEPursuant to Section 147(f) of the Internal Revenue Code, hold a public hearing regarding the financing of the project.

Adopt the resolution approving ABAG’s issuance of tax-exempt obligations in an amount not to exceed $4,000,000 of Variable-Rate Demand Revenue Bonds for the benefit of the Grauer Foundation for Education.

ACTION:ON MOTION of Supervisor Jacob, seconded by Supervisor Horn, the Board closed the Hearing and took action as recommended, on Consent, adopting Resolution No. 05-238 entitled: RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF SAN DIEGO APPROVING THE ISSUANCE BY ABAG FINANCE AUTHORITY FOR NONPROFIT CORPORATIONS OF NOT TO EXCEED $4,000,000 AGGREGATE PRINCIPAL AMOUNT OF THE AUTHORITY’S VARIABLE RATE DEMAND REVENUE BONDS FOR THE BENEFIT OF THE GRAUER FOUNDATION FOR EDUCATION FOR THE PURPOSE OF FINANCING OR REFINANCING THE COST OF THE ACQUISITION, CONSTRUCTION, REHABILITATION, INSTALLATION AND EQUIPPING OF CERTAIN PROPERTY, PROVIDING THE TERMS AND CONDITIONS FOR SUCH BONDS AND OTHER MATTERS RELATING THERETO HEREIN SPECIFIED.

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

32. SUBJECT: APPROVAL OF EMPLOYMENT AGREEMENT WITH THE CHIEF ADMINISTRATIVE OFFICER (DISTRICT: ALL)

OVERVIEW:This Board Letter requests the Board of Supervisors to approve and ratify an Employment Agreement between the Board of Supervisors and Walt Ekard, Chief Administrative Officer.

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FISCAL IMPACT:The implementation of this salary adjustment will have no negative funding effect on the County Employee Retirement Systems (CERS). Funds for this recommendation are included in the 2005-2006 budget.

RECOMMENDATION:CHAIRWOMAN SLATER-PRICE AND VICE-CHAIRMAN HORN:Approve and ratify an Employment Agreement between the Board of Supervisors and Walt Ekard, Chief Administrative Officer

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

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

33. SUBJECT: COMMUNICATIONS RECEIVED (DISTRICT: 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:Not Applicable.

RECOMMENDATION:CHIEF ADMINISTRATIVE OFFICER:Note and file.

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

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

34. SUBJECT: ADMINISTRATIVE ITEM:APPOINTMENTS (DISTRICT: ALL)

OVERVIEW:These appointments are in accordance with applicable Board Policy A–74, Citizen Participation in County Boards, Commissions and Committees.

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FISCAL IMPACT:N/A

RECOMMENDATION:CHAIRWOMAN SLATER-PRICE:Appoint Sandy McCay to fill the unexpired term for Seat No. 3 on the Cable Television and Telecommunications Review Commission for a term to expire January 5, 2009.

VICE-CHAIRMAN HORN:Appoint Michael Peters to the Mission Resource Conservation District for a term to expire November 30, 2006.

Reappoint Thomas J. Rappolt to the Air Pollution Control District Hearing Board for a term to expire January 5, 2009.

SUPERVISOR COX:Reappoint Lesley O. McClelland to the A.B. & Jessie Polinsky Children’s Center Board of Trustees for a term to expire December 14, 2007.

SUPERVISOR JACOB:Reappoint Richard Fordem to the Gillespie Field Development Council for a term to expire December 7, 2009.

Reappoint Michael Beck to the Planning Commission for a term to expire January 5, 2009.

Reappoint Bryan E. Woods to the Planning Commission for a term to expire January 5, 2009.

Appoint Michael Wagenleitner to the CSA No. 026 – Rancho San Diego Local Park District Citizen Advisory Board for a term to expire January 5, 2009.

SUPERVISOR ROBERTS:Appoint Cynthia White-Parks to the Aging & Independence Services Advisory Council for a term to expire January 8, 2007.

Appoint June Singer to the Aging & Independence Services Advisory Council for a term to expire January 8, 2007.

Appoint Adam Hasen to the Air Pollution Control District Advisory Committee for a term to expire January 8, 2007.

Reappoint David Faulkner to the Fly Abatement and Appeals Board for a term to expire December 8, 2008.

Reappoint Robert Barrios to the Environmental Health Advisory Board for a term to expire June 30, 2008.

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Reappoint Lawrence Richman to the A.B. & Jessie Polinsky Children’s Center Board of Trustees for a term to expire January 8, 2007.

CHIEF ADMINISTRATIVE OFFICER:Reappoint Chief Darrell Jobes as the Primary Representative from the San Diego County Fire Districts’ Association to the Emergency Medical Care Committee for a term to expire December 8, 2008.

Appoint Mike Hayworth as the Alternate Representative from the San Diego County Fire Districts’ Association to the Emergency Medical Care Committee for a term to expire December 8, 2008.

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

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

35. SUBJECT: CHANGE IN THE GRANT AGREEMENT FOR A COMMUNITY PROJECTS GRANT AWARDED TO CULTURE SHOCK (DISTRICT: 3)

OVERVIEW:Culture Shock is a dance company that focuses on youth outreach, involvement, and dance training. Culture Shock has been a positive influence and role model to underserved kids for over 12 years.

On June 22, 2004 Supervisor Pam Slater-Price recommended Culture Shock receive a $20,000 Community Projects grant from District Three’s Fiscal Year 2003-2004 budget to assist with costs associated with upgrading their air conditioning unit and the purchase of a television/DVD, Stereo system, a promotional brochure, and other essential office supplies, such as paper and print cartridges.

After approval by the Board of Supervisors and the issuance of the grant agreement, a Culture shock benefactor and board member donated a new air conditioning unit to Culture Shock. Therefore $11,765.71 of the original $20,000 grant award has gone unused.

This action requests Board of Supervisors approval to allow Culture Shock to use the remaining $11,765.71 for additional performances scheduled throughout District Three and the County of San Diego for their 2005-2006 year in lieu of upgrading an air conditioning unit.

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RECOMMENDATION:CHAIRWOMAN SLATER-PRICE1. Authorize Culture Shock to use the remaining $11,765.71 from the District Three

Community Projects Grant for additional dance performances scheduled throughout District Three and the County of San Diego for their 2005-2006 year in lieu of upgrading an air conditioning unit.

2. Authorize the Chief Financial Officer to amend the grant agreement with Culture Shock in accordance with Recommendation 1.

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

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

36. SUBJECT: LOCAL COMMUNITY PROJECTS (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 individuals and families.

FISCAL IMPACT:The fiscal impact of the proposed recommendations is $181,500.00. These actions will result in the addition of no staff years and no future costs..

RECOMMENDATION:SUPERVISOR COX:1. Find that the allocation to the City of Imperial Beach is exempt from the California

Environmental Quality Act (CEQA) pursuant to CEQA guidelines, Section 15301.

2. Allocate $50,000 from the Community Projects budget (org 15650) to the City of Imperial Beach to construct a permanent skate element at the Sports Park at 425 Imperial Beach Boulevard.

3. Allocate $60,000 from the Community Projects budget (org 15650) to San Diego Youth and Community Services for costs associated with purchasing a property to be used as a Deaf Group Home facility for foster youth.

4. Transfer $50,000 from the Community Projects budget (org 15650) to the Department of Planning and Land Use (org 49710, acct 53432) to complete the East Otay Mesa Specific Plan Amendment and related supplemental Environmental Impact Report.

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5. Find that in accordance with CEQA Guidelines section 15096, the County, as a responsible agency under CEQA, has considered the environmental effects of the Sweetwater Valley Little League ball field complex project as shown in the Environmental Impact Statement/Environmental Impact Report (EIS/EIR), dated February 23, 2000 and approved by the Federal Highway Administration on June 9, 2000, and the County has reached its own conclusions on whether and how to approve the project.

6. Find that there are no substantial changes in the Sweetwater Valley Little League ball field complex project or in the circumstances under which it is being undertaken that will require major revisions to the previously approved EIS/EIR, dated February 23, 2000, and that no new information of substantial importance has become available since the EIS/EIR was prepared.

7. Authorize the Director of Purchasing and Contracting to include in the contract with San Diego Expressway, L.P., the installation of artificial turf on the infields of four ball fields as part of the Sweetwater Valley Little League ball field complex.

8. Transfer $21,500 from the Community Projects budget (org 15650) to the Department of Parks and Recreation (org 52811, account 52370) for costs associated with installing artificial turf in the infields of the ball fields at the Sweetwater Valley Little League ball field complex.

9. Find that the grant awards described in Recommendations 2 and 3 above have a public purpose.

10. Authorize the Chief Financial Officer to execute grant agreements with the organizations listed in recommendations 1 and 2, establishing terms for the receipt of the funds described above.

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

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

37. SUBJECT: CLOSED SESSION (DISTRICT: ALL)

OVERVIEW:A. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION

(Subdivision (a) of Government Code section 54956.9)Cheri J. Nutter v. County of San Diego, et al.; San Diego County Superior Court No. GIC 852665

B. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Initiation of litigation pursuant to subdivision (c) of Government Code section 54956.9: (Number of Cases – 1)

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C. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION(Subdivision (a) of Government Code section 54956.9)Kenneth Marsh, et al. v. County of San Diego, et al.; United States District Court No. 05-CV-1568 WQH (NLS)

D. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION(Subdivision (a) of Government Code section 54956.9)Steve Klein, et al. v. San Diego County, et al.; Ninth Circuit Court of Appeals No. 04-55819

ACTION:Any reportable matters will be announced on Wednesday, December 14, 2005, prior to theBoard of Supervisors Planning and Land Use meeting.

38. SUBJECT: PRESENTATIONS/AWARDS

OVERVIEWSupervisor Greg Cox presented a proclamation declaring today NASSCO Day throughout the County of San Diego.

Chairwoman Slater-Price presented a proclamation declaring today Richard Vortmann Day throughout the County of San Diego.

Supervisor Dianne Jacob presented a proclamation declaring today City of Poway Day throughout the County of San Diego.

County Assessor Greg Smith presented a check to the Polinsky Children’s Center in the amount of $20,000.00.

39. SUBJECT: PUBLIC COMMUNICATION

OVERVIEW:John Van Doorn spoke to the Board concerning Child Protective Services issues.

Nino Kovacic spoke to the Board concerning the County Recorder/Assessors office.

ACTION:Heard, referred to the Chief Administrative Officer.

There being no further business, the Board adjourned at 11:55 a.m. in memory of Zachary Davis, Donald Rivers, Charles Wilkins, Evelyn Cohen and Clarabella Coughlin.

THOMAS J. PASTUSZKAClerk of the Board of Supervisors

County of San Diego, State of California

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Consent: KelloggDiscussion: Hall

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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