COUNTY OF SAN DIEGO BOARD OF SUPERVISORS by 48232d97

VIEWS: 21 PAGES: 35

									                        STATEMENT OF PROCEEDINGS
              COUNTY OF SAN DIEGO BOARD OF SUPERVISORS
                              REGULAR MEETING
                            TUESDAY, MAY 05, 2009
                       Board Of Supervisors North Chamber
              1600 Pacific Highway, Room 310, San Diego, California



MORNING SESSION: – Meeting was called to order at 9:07 a.m.

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

Invocation was led by Pastor Mark Menacher Ph.D. from St. Luke’s Lutheran Church in
La Mesa.

Pledge of Allegiance was led by Helen Ramzi, Muntadher Kadhim, Martin Oraha,
Odeesa Shawkat, and Mariam Shamon from Chase Elementary School in El Cajon.

Approval of Statement of Proceedings/Minutes for Meeting of April 21, 2009.

ACTION:
ON MOTION of Supervisor Horn, seconded by Supervisor Roberts, the Board of
Supervisors approved the Statement of Proceedings/Minutes for Meeting of
April 21, 2009.

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




5/5/09                                                                           1
Category           Agenda No.   Subject

Public Safety      1.     SHERIFF - 2008 STATE HOMELAND
                          SECURITY PROGRAM GRANT – REGIONAL
                          TERRORISM THREAT ASSESSMENT CENTER
                          (RTTAC)

                   2.     SHERIFF – AMENDMENT TO THE REGIONAL
                          COMMUNICATIONS SYSTEM
                          PARTICIPATING AGENCY AGREEMENT

                   3.     SHERIFF – ACCEPTANCE OF DONATIONS
                          [FUNDING SOURCE(S): DONATION FROM
                          THE GLADYS E. ST. JOHN TRUST]
                          (4 VOTES)

                   4.     DISTRICT ATTORNEY – MODIFICATIONS TO
                          CURRENT YEAR GRANTS FROM THE STATE
                          OF CALIFORNIA EMERGENCY
                          MANANGEMENT AGENCY
                          [FUNDING SOURCE(S): GRANT REVENUE
                          FROM THE STATE OF CALIFORNIA
                          EMERGENCY MANAGEMENT AGENCY AND
                          GENERAL PURPOSE REVENUES ALLOCATED
                          TO THE DISTRICT ATTORNEY’S OFFICE]
                          (4 VOTES)

                   5.     OFFICE OF EMERGENCY SERVICES – BUFFER
                          ZONE PROTECTION PROGRAM RESOLUTION
                          [FUNDING SOURCE(S): CAL EMA]

                   6.     OFFICE OF EMERGENCY SERVICES –
                          EMERGENCY MANAGEMENT
                          PERFORMANCE GRANT PROGRAM
                          RESOLUTION

Health and Human   7.     MENTAL HEALTH SERVICES ACT –
Services                  WORKFORCE EDUCATION AND TRAINING
                          COMPONENT IMPLEMENTATION AND
                          PROCUREMENT
                          [FUNDING SOURCE(S): MENTAL HEALTH
                          SERVICES ACT]

                   8.     BEHAVIORAL HEALTH SERVICES – MENTAL
                          HEALTH CALENDAR DIVERSION PROGRAM
                          FOR SAN DIEGO COUNTY SUPERIOR COURT
                          [FUNDING SOURCE(S): MENTAL HEALTH
                          SERVICES ACT]


5/5/09                                                           2
Category             Agenda No.   Subject



Community Services   9.     NOTICED PUBLIC HEARING:
                            FINAL PROPOSED FY 2009-10 ANNUAL
                            FUNDING PLAN FOR CDBG, HOME, ESG, AND
                            HOPWA PROGRAMS; IMPLEMENTATION OF
                            AMERICAN RECOVERY AND
                            REINVESTMENT ACT OF 2009 PROJECTS,
                            HOME PROJECT MODIFICATION; AND
                            REALLOCATION OF PREVIOUS YEARS’
                            CDBG, HOPWA, HOME, AND ESG FUNDING
                            [FUNDING SOURCE(S): COMMUNITY
                            DEVELOPMENT BLOCK GRANT; HOME
                            INVESTMENT PARTNERSHIPS PROGRAM -,
                            PLUS AMERICAN DREAM DOWNPAYMENT
                            INITIATIVE; EMERGENCY SHELTER GRANT;
                            HOUSING OPPORTUNITIES FOR PERSONS
                            WITH AIDS PROGRAM; AND ESTIMATED
                            PROGRAM INCOME FROM THE COMMUNITY
                            DEVELOPMENT BLOCK GRANT PROGRAM
                            AND HOME INVESTMENT PARTNERSHIPS
                            PROGRAM]

                     10.    SHERIFF – APPROVE SITE PURCHASE AND
                            ADOPT MITIGATED NEGATIVE
                            DECLARATION FOR A NEW SHERIFF’S
                            STATION IN RANCHO SAN DIEGO (SKYLINE
                            WESLEYAN CHURCH, INC.) (SET HEARING
                            4/7/09; HOLD HEARING 5/5/09)
                            [FUNDING SOURCE(S): PROPOSITION 172
                            REVENUE AND THE GENERAL FUND]

                     11.    CAPITAL IMPROVEMENTS NEEDS
                            ASSESSMENT FISCAL YEARS 2009-2014

                     12.    SOLE SOURCE PROCUREMENT OF
                            OVERDRIVE, MIDWEST TAPES AND
                            RECORDED BOOKS MATERIALS FOR THE
                            SAN DIEGO COUNTY LIBRARY

                     13.    ACCEPTANCE OF DONATIONS FOR THE
                            FALLBROOK BRANCH LIBRARY
                            (4 VOTES)




5/5/09                                                              3
Category                Agenda No.   Subject

Financial and General   14.    FALLEN BUT NOT FORGOTTEN
Government
                        15.    SECURING HOME FIELD ADVANTAGE AT
                               SAN PASQUAL ACADEMY

                        16.    NOTICED PUBLIC HEARING:
                               CONFLICT OF INTEREST CODE: PINE
                               VALLEY FIRE PROTECTION DISTRICT
                               [FUNDING SOURCE(S): FISCAL YEAR 2008-
                               2009 ADOPTED BUDGET]

Communications          17.    COMMUNICATIONS RECEIVED
Received
Appointments            18.    ADMINISTRATIVE ITEM:
                               APPOINTMENTS

Closed Session          19.    CLOSED SESSION

Financial and General   20.    OFF-AGENDA CONSIDERATION:
Government                     ACTION TO RATIFY PROCLAMATION OF A
                               COUNTY-WIDE LOCAL EMERGENCY
                               (4/5 VOTE)

Presentations/Awards    21.    PRESENTATIONS/AWARDS

Public Communication    22.    PUBLIC COMMUNICATION




5/5/09                                                                 4
 1.      SUBJECT:       SHERIFF - 2008 STATE HOMELAND SECURITY
                        PROGRAM GRANT – REGIONAL TERRORISM
                        THREAT ASSESSMENT CENTER (RTTAC)
                        (DISTRICTS: ALL)

         OVERVIEW:
         On January 27, 2009 (6), your Board authorized the Sheriff’s Department to
         accept and administer $1,707,676 in Fiscal Year (FY) 2008 State Homeland
         Security Program (SHSP) grant funds. Of this amount, $970,000 is for the
         maintenance and support of the San Diego Regional Terrorism Threat
         Assessment Center/Law Enforcement Coordination Center (RTTAC/LECC)
         and its operations. Since the RTTAC/LECC encompasses the counties of San
         Diego and Imperial Valley, this request is to authorize the Sheriff’s Department
         to reallocate $220,000 to the Imperial Valley Sheriff’s Department for RTTAC
         related information technology (IT) expenditures.

         FISCAL IMPACT:
         Funds for this request are included in the Fiscal Year 2008-10 Operational Plan.
         If approved, this request will not result in increased costs and revenue and will
         require the addition of zero staff years.

         BUSINESS IMPACT STATEMENT:
         N/A

         RECOMMENDATION:
         SHERIFF
         1. Authorize the Sheriff to reallocate $220,000 from FY 2008 SHSP funding
            to the Imperial Valley Sheriff’s Department.

         2. Authorize the Sheriff to execute an expenditure contract to reimburse
            RTTAC related IT expenditures, not to exceed $220,000 annually, incurred
            by the Imperial Valley Sheriff’s Department during the project period
            October 23, 2008 to May 31, 2012.

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

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




5/5/09                                                                                   1
 2.      SUBJECT:      SHERIFF – AMENDMENT TO THE REGIONAL
                       COMMUNICATIONS SYSTEM PARTICIPATING
                       AGENCY AGREEMENT (DISTRICTS: ALL)

         OVERVIEW:
         The Regional Communications System (RCS) Participating Agency Agreement
         dated March 7, 1995, between the County of San Diego and participating cities
         and jurisdictions will expire on March 6, 2010. This is a request to approve the
         recommendation of the RCS Board of Directors to extend the term of the RCS
         Agreement to March 31, 2013, in order to allow sufficient time to assess future
         regional public safety communications requirements and develop plans for a
         replacement system.

         FISCAL IMPACT:
         The estimated annual cost to operate and maintain the RCS is $5,600,000 of
         which the County pays approximately $2,100,000 and non-County RCS
         agencies pay $3,500,000. This extension will not result in a change in overall
         costs for the RCS program or change the participating agencies’ share in the
         costs.

         BUSINESS IMPACT STATEMENT:
         N/A

         RECOMMENDATION:
         SHERIFF
         Approve and authorize the Clerk of the Board to execute an amendment
         extending the term of the Regional Communications System Participating
         Agency Agreement to March 31, 2013, on behalf of the Board of Supervisors.

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

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


 3.      SUBJECT:      SHERIFF – ACCEPTANCE OF DONATIONS
                       (DISTRICTS: ALL)

         OVERVIEW:
         Administrative Code Section 66 and Board of Supervisors’ Policy A-112,
         Acceptance of Gifts and Donations, permits the acceptance of gifts by the
         administrative heads of each department in the County, subject to approval by
         the Board of Supervisors. This request is to ratify the acceptance of two
         donations: a $25,252 donation from the Gladys E. St. John Trust; and assorted
         items of safety equipment, tools, and supplies, valued at approximately $60,235
         from George Hage.


5/5/09                                                                                  2
         FISCAL IMPACT:
         Gladys E. St. John Trust
         Funds for this request are not included in the Fiscal Year 2008-09 Operational
         Plan. The funding source is a donation from the Gladys E. St. John Trust. If
         approved, this request will result in $25,252 in current year cost and revenue,
         and will require the addition of zero staff years.

         George Hage
         There is no fiscal impact of this request. This request will require the addition
         of zero staff years.

         BUSINESS IMPACT STATEMENT:
         N/A

         RECOMMENDATION:
         SHERIFF
         1. Ratify the acceptance of a $25,252 donation from the Gladys E. St. John
            Trust.

         2. Establish appropriations of $25,252 in the Sheriff’s Department for services
            & supplies based on unanticipated revenue from the Gladys E. St. John
            Trust. (4 VOTES)

         3. Ratify the acceptance of the donation of assorted items of safety equipment,
            tools, and supplies, valued at approximately $60,235, from George Hage.

         4. Authorize the Chair of the Board of Supervisors to sign letters of
            appreciation on behalf of the Board of Supervisors and the County of San
            Diego to the Gladys E. St. John Trust and George Hage.

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

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


 4.      SUBJECT:       DISTRICT ATTORNEY – MODIFICATIONS TO
                        CURRENT YEAR GRANTS FROM THE STATE OF
                        CALIFORNIA EMERGENCY MANANGEMENT
                        AGENCY (DISTRICTS: ALL)

         OVERVIEW:
         This is a request to modify three current year grant award agreements from the
         State of California Emergency Management Agency (CALEMA) as the
         program budgets have been reduced by $573,457. Specifically, for the period


5/5/09                                                                                   3
         July 1, 2008 through June 30, 2009 the High Technology Theft Apprehension
         and Prosecution Program was reduced by $332,203; the High Technology
         Identity Theft Prosecution Program by $98,691; and the Vertical Prosecution
         Block Grant Program by $142,563.

         FISCAL IMPACT:
         Funds for this request are included in the Fiscal Year 2008-09 Adopted
         Operational Plan. Appropriation and revenue reductions in the High
         Technology Theft Apprehension and Prosecution Program and the High
         Technology Identity Theft Prosecution Program will be replaced by funding
         from other grant supported programs experiencing revenue increases. The
         funding source is grant revenue from the State of California Emergency
         Management Agency and general purpose revenues allocated to the District
         Attorney’s Office. No additional staff years are required.

         District Attorney – High Technology Theft Apprehension and Prosecution
         Program
         If approved, this request will result in direct costs of $1,858,915 with grant
         revenue of $1,420,691.

         District Attorney - High Technology Identity Theft
         If approved, this request will result in direct costs of $533,450 with grant
         revenue of $407,022

         District Attorney – Vertical Prosecution Block Grant Program
         If approved, this request will result in direct costs of $638,127 with grant
         revenue of $604,445.

         BUSINESS IMPACT STATEMENT:
         N/A

         RECOMMENDATION:
         DISTRICT ATTORNEY
         1. Waive Board Policy B-29, Fees, Grants, and Revenue Contracts –
            Department Responsibility For Cost Recovery, which requires full cost
            recovery for grants.

         2. Approve the modification of the High Technology Theft Apprehension and
            Prosecution Program grant and accept the reduced grant amount of
            $1,420,691 for the period July 1, 2008 through June 30, 2009.

         3. Approve the modification of the High Technology Identity Theft
            Prosecution Program grant and accept the reduced grant amount of
            $407,022 for the period July 1, 2008 through June 30, 2009.


         4. Approve the modification of the Vertical Prosecution Block Grant Program


5/5/09                                                                                4
             grant and accept the reduced grant amount of $604,445 for the period
             July 1, 2008 through June 30, 2009.

         5. Cancel appropriations and related revenue of $430,894 in the District
            Attorney’s Office for salaries and benefits based on decreased grant
            revenue from the State of California Emergency Management Agency for
            the High Technology Theft Apprehension and Prosecution Program
            ($332,203) and the High Technology Identity Theft Prosecution Program
            ($98,691).

         6. Cancel appropriations and related revenue of $142,563 in the District
            Attorney’s Office for services and supplies based on decreased grant
            revenue from the State of California Emergency Management Agency for
            the Vertical Prosecution Block Grant Program ($142,563).

         7. Establish appropriations of $430,894 in the District Attorney’s Office,
            salaries and benefits, to support the activities of the identity theft and
            consumer protection programs based on revenue from Proposition 64,
            Limit on Private Enforcement of Unfair Business Competition Laws.
            (4 VOTES)

         8. Authorize the District Attorney to execute the grant agreement reductions
            and other grant documents including extensions and amendments that do
            not materially impact or alter either the grant program or funding level.

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

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

 5.      SUBJECT:       OFFICE OF EMERGENCY SERVICES – BUFFER ZONE
                        PROTECTION PROGRAM RESOLUTION
                        (DISTRICTS: ALL)

         OVERVIEW:
         This is a request to adopt a resolution approving an application to the California
         Emergency Management Agency (Cal EMA) for $182,875 in funding from the
         FY07 Buffer Zone Protection Program and authorize the Office of Emergency
         Services to execute the grant agreement and any amendments with the State of
         California for the purposes of this grant.

         FISCAL IMPACT:
         There is no fiscal impact associated with this request. If this request is
         approved and funds are awarded, this request will result in costs and revenue of
         $182,875 in Fiscal Year 2009-10. The funding source is Cal EMA. There will
         not be any additional positions needed for this grant. If awarded, the


5/5/09                                                                                    5
         department will return to your Board to request acceptance and appropriation of
         the funds.

         BUSINESS IMPACT STATEMENT:
         N/A

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

                   A RESOLUTION APPROVING AN APPLICATION FOR
                   FUNDING   FROM    THE   FY07   BUFFER   ZONE
                   PROTECTION PROGRAM AND AUTHORIZING THE
                   EXECUTION OF A GRANT AGREEMENT AND ANY
                   AMENDMENTS THERE TO WITH THE STATE OF
                   CALIFORNIA FOR THE PURPOSES OF THIS GRANT.

         2. Authorize the Office of Emergency Services to execute the grant agreement
            and any amendments with the State of California for the purposes of this
            grant that do not materially impact or alter the program or the funding
            level.

         ACTION:
         ON MOTION of Supervisor Horn, seconded by Supervisor Roberts, the Board
         took action as recommended, on Consent, adopting Resolution No. 09-079,
         entitled:   A RESOLUTION APPROVING AN APPLICATION FOR
         FUNDING FROM THE FY07 BUFFER ZONE PROTECTION PROGRAM
         AND AUTHORIZING THE EXECUTION OF A GRANT AGREEMENT
         AND ANY AMENDMENTS THERE TO WITH THE STATE OF
         CALIFORNIA FOR THE PURPOSES OF THIS GRANT.

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


 6.      SUBJECT:       OFFICE OF EMERGENCY SERVICES – EMERGENCY
                        MANAGEMENT PERFORMANCE GRANT PROGRAM
                        RESOLUTION (DISTRICTS: ALL)

         OVERVIEW:
         The federal Department of Homeland Security (DHS) has provided funding to
         the California Emergency Management Agency (Cal EMA) through the
         Emergency Management Performance Grant (EMPG) program. The Cal EMA
         is responsible for administering and distributing the grant funds to the counties.
         The purpose of the grant is to support comprehensive emergency management
         at the state, tribal and local levels and to sustain and enhance all-hazards
         emergency management capabilities that threaten the security of the homeland
         and the safety and well-being of citizens. This is a request to adopt a resolution


5/5/09                                                                                    6
         authorizing the Deputy Chief Administrative Officer of the Public Safety
         Group, or the Director of the Office of Emergency Services or the Assistant
         Director of the Office of Emergency Services to execute any actions necessary
         for the purpose of obtaining federal financial assistance provided by the federal
         Department of Homeland Security and subgranted through the State of
         California.

         FISCAL IMPACT:
         Funds for this request will be included in the Fiscal Year 2009-11 CAO
         Proposed Operational Plan in the Office of Emergency Services. If approved,
         this will result in grant revenue of approximately $446,897 in Fiscal Year
         2009-10 with a pass-through of $34,679 going to the City of Chula Vista and
         $104,038 going to the City of San Diego. The remaining $294,773 amount will
         be for emergency management program expenses in OES. The grant requires a
         50% match that will be met with existing appropriations in the department’s
         general fund budget. There will not be any additional positions needed for this
         grant.

         BUSINESS IMPACT STATEMENT:
         N/A

         RECOMMENDATION:
         CHIEF ADMINISTRATIVE OFFICER
         Adopt a resolution entitled “A RESOLUTION OF THE BOARD OF
         SUPERVISORS OF THE COUNTY OF SAN DIEGO RELATING TO THE
         EMERGENCY MANAGEMENT PERFORMANCE GRANT PROGRAM”
         authorizing the Deputy Chief Administrative Officer of the Public Safety
         Group, or the Director of the Office of Emergency Services or the Assistant
         Director of the Office of Emergency Services to execute any actions necessary
         for the purpose of obtaining federal financial assistance provided by the federal
         Department of Homeland Security and subgranted through the State of
         California.

         ACTION:
         ON MOTION of Supervisor Horn, seconded by Supervisor Roberts, the Board
         took action as recommended, on Consent, adopting Resolution No. 09-080,
         entitled: A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE
         COUNTY OF SAN DIEGO RELATING TO THE EMERGENCY
         MANAGEMENT PERFORMANCE GRANT PROGRAM.

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




5/5/09                                                                                   7
 7.      SUBJECT:      MENTAL HEALTH SERVICES ACT – WORKFORCE
                       EDUCATION AND TRAINING COMPONENT
                       IMPLEMENTATION AND PROCUREMENT
                       (DISTRICTS: ALL)

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

         Approval of today’s recommended actions will authorize submission of the
         MHSA Workforce Education and Training (WET) component to the State
         DMH. Actions will authorize the acceptance of up to $16.1 million in WET
         funds for Fiscal Years 2009-2010 through 2017-2018.

         In addition, actions will authorize competitive solicitations for WET programs
         and services, a sole source contract for services with the University of
         California, San Diego, and issuance of a Request for Information (RFI) to
         determine whether more than one qualified entity is interested in providing
         services for three workforce, education and training programs. If more than one
         qualified entity for each program expresses interest, staff will proceed with
         competitive procurements.

         FISCAL IMPACT:
         Funds for this request will be included in the Fiscal Year 2009-2011 Health and
         Human Services Agency CAO Proposed Operational Plan. If approved, this
         request will result in estimated cost and revenue of $3,217,642 in Fiscal Year
         2009-10 and $3,217,642 in Fiscal Year 2010-11. The funding source is the
         Mental Health Services Act. There will be no change in net General Fund cost
         and no additional staff years.

         BUSINESS IMPACT STATEMENT:
         N/A




5/5/09                                                                                 8
         RECOMMENDATION:
         CHIEF ADMINISTRATIVE OFFICER
         1. Approve the County of San Diego Mental Health Services Act Workforce
            Education and Training Program and Expenditure Plan outlined in
            Attachment A and authorize the Director, Health and Human Services
            Agency, to submit the Plan to the California Department of Mental Health
            for approval.

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

         3.   Accept Mental Health Services Act Workforce Education and Training
              funds of up to $16.1 million for Fiscal Years 2009-2010 through
              2017-2018.

         4.   Authorize the Clerk of the Board to execute, upon receipt, a Mental Health
              Services Act Agreement amendment with the California Department of
              Mental Health for public mental health services funding in an approximate
              amount of $16.1 million for the Workforce Education and Training
              Component and any future renewals, amendments, and extensions to the
              Agreement, subject to the approval of the Director, Health and Human
              Services Agency, provided terms, conditions, programs, and funding are
              not materially impacted or altered.

         5.   In accordance with Section 401 et seq. of the County Administrative Code,
              authorize the Director, Department of Purchasing and Contracting, to issue
              competitive solicitations for the programs and services listed in
              Attachment A, which are required to implement the County of San Diego
              Mental Health Services Act Workforce Education and Training Program
              and Expenditure Plan, and upon successful negotiations and determination
              of a fair and reasonable price, award contracts for a period of one year,
              with 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.




5/5/09                                                                                      9
         6.   In accordance with Board Policy A-87, Competitive Procurement,
              authorize the Director, Department of Purchasing and Contracting, to enter
              into negotiations with the University of California, San Diego to implement
              the County of San Diego Mental Health Services Act Workforce Education
              and Training Program and Expenditure Plan for San Diego County’s
              Geriatric Mental Health Certificate Training Program and, subject to
              successful negotiations and determination of a fair and reasonable price,
              award an agreement for a period of one year, with four option years and up
              to an additional six months if needed, subject to the availability of funds;
              and authorize the Director, Department of Purchasing and Contracting, to
              amend the agreement as required to reflect changes to services and funding
              allocations, subject to the approval of the Director, Health and Human
              Services Agency. Waive the advertising requirement of Board Policy
              A-87.

         7.   In accordance with Section 401, et seq of the County Administrative Code,
              authorize the Director, Department of Purchasing and Contracting, to issue
              a Request for Information (RFI) to determine interest in providing services
              for the following programs: 1) Other Pathway Programs, 2) K-12
              Pathways/Academy, 3) Nursing Partnerships for Public Health,
              4) Community Psychiatry Fellowship, 5) Child Psychiatry Fellowship,
              6) LCSW Residency Internship Program, and 7) Financial Incentives for
              Public Health Staff. If there is more than one qualified respondent for each
              RFI process, authorize staff to issue a Request for Proposal (RFP) to
              procure services. In accordance with Board Policy A-87 Competitive
              Procurements, authorize the Director, Department of Purchasing and
              Contracting, to enter into negotiations with the one RFI respondent or the
              RFP awardee(s) for each of the services described above as applicable; and
              subject to successful negotiations and determination of a fair and
              reasonable price, award contracts for a term of one year, 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.

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

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




5/5/09                                                                                  10
 8.      SUBJECT:       BEHAVIORAL HEALTH SERVICES – MENTAL
                        HEALTH CALENDAR DIVERSION PROGRAM FOR
                        SAN DIEGO COUNTY SUPERIOR COURT
                        (DISTRICTS: ALL)

         OVERVIEW:
         California’s Proposition 63, the Mental Health Services Act (MHSA) was
         approved by California voters in November 2004 and became effective
         January 1, 2005. The MHSA is administered by the California Department of
         Mental Health (DMH) and provides funding for expansion of mental health
         services in California counties. MHSA consists of five program components,
         as designated by the State. The County’s plan for the initial program
         component, Community Services and Supports (CSS), was submitted to the
         State following Board approval on December 13, 2005 (1). The Board also
         authorized the Director, Health and Human Services Agency, to approve
         subsequent amendments and augmentations to the Plan. This was followed by
         the Prevention and Early Intervention (PEI) Program and Expenditure Plan,
         approved by your Board on November 18, 2008 (9), and the PEI Assignment of
         Funds to the State, which was approved by your Board on
         December 9, 2008 (16).
         After approval and implementation of the original CSS programs, the County
         was allocated an additional $8.4 million for CSS augmentation. An integral
         part of the augmented CSS Plan submitted to the State in August 2008
         consisted of a proposal for the establishment of a pilot Mental Health Calendar
         Diversion Program for San Diego County Superior Court, and the
         implementation of an Assertive Community Treatment (ACT) program for
         adults with a serious mental illness who have been found guilty of a non-violent
         crime, either misdemeanor or felony, and are awaiting sentencing. The
         program goals are to improve client outcomes and reduce the system-wide costs
         of adjudication, incarceration, and treatment. If approved, today’s action will
         authorize a competitive solicitation for a pilot program for ACT services for
         eligible individuals, to ascertain the effectiveness and potential expansion of the
         program.
         Today’s action, if approved, represents the culmination of years of consistent
         support for the Mental Health Court concept by your Board, in particular
         Chairwoman Dianne Jacob and Supervisor Greg Cox, and a collaborative effort
         among the courts, public safety and behavioral health agencies in San Diego
         County.

         FISCAL IMPACT:
         Funds for this request will be included in the CAO’s Proposed Fiscal Year
         2009-11 Operational Plan for the Health and Human Services Agency. If
         approved, this request will result in no current year cost and revenue and an
         estimated cost and revenue of $810,000 for each of the next two years. The
         funding source is the Mental Health Services Act. There will no change in net
         General Fund cost and no additional staff years.


5/5/09                                                                                    11
         BUSINESS IMPACT STATEMENT:
         N/A

         RECOMMENDATION:
         CHIEF ADMINISTRATIVE OFFICER
         In accordance with Section 401 et seq. of the County Administrative Code,
         authorize the Director, Purchasing and Contracting, to issue a competitive
         solicitation for a Mental Health Assertive Community Treatment Program for
         eligible offenders who have current criminal justice involvement, and upon
         successful negotiations and determination of a fair and reasonable price, award
         a contract for a period of up to two years, with five 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 Horn, seconded by Supervisor Roberts, the Board
         took action as recommended, on Consent.

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


 9.      SUBJECT:      NOTICED PUBLIC HEARING:
                       FINAL PROPOSED FY 2009-10 ANNUAL FUNDING
                       PLAN FOR CDBG, HOME, ESG, AND HOPWA
                       PROGRAMS; IMPLEMENTATION OF AMERICAN
                       RECOVERY AND REINVESTMENT ACT OF 2009
                       PROJECTS, HOME PROJECT MODIFICATION; AND
                       REALLOCATION OF PREVIOUS YEARS’ CDBG,
                       HOPWA, HOME, AND ESG FUNDING
                       (DISTRICTS: ALL)

         OVERVIEW:
         This County of San Diego Consortium Consolidated Annual Funding Plan is
         the culmination of community meetings held throughout the county to solicit
         proposals for revitalization of qualified communities and development of
         affordable housing for lower-income residents. On March 3, 2009 (4), the
         Board of Supervisors conducted a public hearing on the Draft County
         Consortium Fiscal Year 2009-10 Annual Funding Plan for the Community
         Development Block Grant, HOME Investment Partnerships, Emergency Shelter
         Grant, and Housing Opportunities for Persons with AIDS Programs, and
         approved the Plan, in principle.

         As of the preparation of this Board letter, the Fiscal Year 2009-10 funding for
         the entitlement programs, with the exception of the Emergency Shelter Grant, is


5/5/09                                                                                12
         not known. It is anticipated that HUD will release the final allocation amounts
         in May 2009. In Fiscal Year 2008-09, funding for the three entitlement
         programs was: Community Development Block Grant - $4,637,376; HOME
         Investment Partnerships - $3,838,789; and Housing Opportunities for Persons
         with AIDS programs - $2,646,000. The Fiscal Year 2009-10 Emergency
         Shelter Grant allocation is $206,472. The four federal entitlement programs in
         Fiscal Year 2008-09 provided $11,359,210 in Annual Plan funds, a cumulative
         decrease of $258,767 from the prior year program funding level. Fiscal Year
         2008-09 was the seventh consecutive year of decreases in CDBG program
         funding, totaling approximately 33.4% in reduced funding over the previous
         seven years. It is expected that entitlement program funding may increase
         slightly, possibly by 1-2%, in Fiscal Year 2009-10 and the HOME American
         Dream Downpayment Initiative will not be funded. In Fiscal Year 2009-10, it
         is estimated that $700,000 in Fiscal Year 2009-10 program income will be
         received, primarily from loan repayment proceeds. It is expected that up to
         $12,280,527 in entitlement funds and program income will be available in
         Fiscal Year 2009-10 for community revitalization and affordable housing that
         benefits low-income residents and persons with special needs. In addition to
         the recommendations approved in March 2009, up to $598,790 in prior year’s
         funding, made available through cancelled and completed projects, is
         recommended to be reallocated to eligible recipients. Even though HUD has
         not issued the final allocations to HCD, the FY 2009-10 Annual Funding Plan
         must be submitted to HUD by May 15, 2009 to ensure timely funding.

         On February 17, 2009, the American Recovery and Reinvestment Act of 2009
         (Recovery Act) was signed into law. This federal legislation provides funding
         to stimulate the economy, create jobs, prevent homelessness, and stabilize
         neighborhoods. On March 3, 2009 (12) the Board authorized the Chief
         Administrative Officer or his designee to apply for and accept grant funds from
         the Recovery Act. It is anticipated that the Department of Housing and
         Community Development will assist in the development and administration of a
         number of U.S. Department of Housing and Urban Development programs to
         be funded under the Recovery Act, including a special allocation of the
         Community Development Block Grant Program in the amount of $1,259,592,
         and the Homeless Prevention and Rapid Re-Housing Program in the amount of
         $1,925,974. In addition, the County may be eligible to receive funding
         allocations for the HOME Investment Partnership Program and the
         Neighborhood Stabilization Program, although the County’s allocations were
         not known as of the preparation of this Board letter. It is anticipated that HUD
         will release the preliminary allocation amounts in May 2009. On
         April 24, 2009, the County’s Homeless Prevention and Rapid Re-Housing
         Program draft application and Consolidated Plan substantial amendment were
         released for public review.




5/5/09                                                                                 13
         The proposed recommendations will accomplish nine main objectives:
                  Approve the County Consortium Fiscal Year 2009-10 Annual
                   Funding Plan;
                  Reallocate up to $65,994 from previous year budgets to fund three
                   Community Development Block Grant projects;
                  Reallocate up to $41,532 in prior year Housing Opportunities for
                   Persons with AIDS funds to two Housing Opportunities for Persons
                   with AIDS projects;
                  Reallocate up to $450,000 in prior year HOME funds from the City
                   of Encinitas Transitional Housing Program to the City of Encinitas
                   Affordable Housing Acquisition/Development Program;
                  Reallocate up to $41,264 in prior year Emergency Shelter Grant
                   funds to four Emergency Shelter Grant projects;
                  Authorize the modification of the HOME City of Encinitas
                   Residential Rehabilitation Program;
                  Authorize the modification of the HOME City of La Mesa Down
                   Payment and Closing Costs Assistance Program.
                  Authorize the Director, Department of Housing and Community
                   Development, to adjust the amount of funding to projects identified
                   in the County Consortium Fiscal Year 2009-10 Annual Funding Plan
                   as necessary to reflect the actual entitlement grant amounts when
                   they are released; and
                  Authorize the Director, Department of Housing and Community
                   Development, as appropriate, to take all necessary actions as
                   directed by the Chief Administrative Officer to meet the application,
                   acceptance, project administration, and expenditure requirements of
                   the Recovery Act.

         FISCAL IMPACT:
         Funds for this request, estimated at up to $12,280,527, based on the Fiscal Year
         2008-09 allocation plus a 2% estimated increase in CDBG funding for the
         regular entitlements (not including the American Dream Downpayment
         Initiative) and $700,000 program income, are included in the Chief
         Administrative Officer’s Proposed Operational Plan for Fiscal Year 2009-10.
         The funding sources are Community Development Block Grant - $4,730,124;
         HOME Investment Partnerships Program - $3,915,565, plus $29,446 in
         American Dream Downpayment Initiative, which is expected to be
         discontinued in Fiscal Year 2009-10; Emergency Shelter Grant - $206,472;
         Housing Opportunities for Persons with AIDS Program - $2,698,920; and
         estimated Program Income of $700,000 from the Community Development
         Block Grant Program ($350,000) and HOME Investment Partnerships Program
         ($350,000). If approved, this request will result in the reallocation of up to


5/5/09                                                                                 14
         $65,994 in prior year Community Development Block Grant funds, reallocation
         of up to $41,532 in prior year Housing Opportunities for Persons with AIDS
         funds, reallocation of up to $450,000 in prior year HOME Investment
         Partnerships funds, and reallocation of up to $41,264 in prior year Emergency
         Shelter Grant funds. If approved, this request will also result in the timely
         award and expenditure of applicable Recovery Act funds including $1,925,974
         in Homeless Prevention and Rapid Re-housing funds and $1,259,592 in
         Community Development Block Grant funds, which are included on the Chief
         Administrative Officer’s Proposed Operational Plan for Fiscal Year 2009-10.

         BUSINESS IMPACT STATEMENT:
         If approved, these recommendations will have a positive impact on the business
         community. Many of the funded projects will involve construction projects
         implemented by private construction firms selected through a competitive bid
         process.

         RECOMMENDATION:
         CHIEF ADMINISTRATIVE OFFICER
         1. Approve for submittal to the U.S. Department of Housing and Urban
            Development the attached County Consortium Fiscal Year 2009-10 Annual
            Funding Plan for the Community Development Block Grant, HOME
            Investment Partnerships, Emergency Shelter Grant, and Housing
            Opportunities for Persons with AIDS Programs.

         2. Adopt Resolutions certifying compliance with the Housing and Community
            Development Act of 1974, as amended, and authorize the transmittal of
            necessary documents and amendments to the U.S. Department of Housing
            and Urban Development for the Fiscal Year 2009-10 Annual Funding Plan.

         3. Authorize the Director, Department of Housing and Community
            Development, in consultation with County Counsel, to, as appropriate,
            publish notices, execute agreements, execute certification forms, and
            prepare and execute all necessary documents for the submittal, regulatory
            processing and implementation, as required by the U.S. Department of
            Housing and Urban Development, for previously approved projects,
            Recommendations 1, 2 and 4 through 13, and the Fiscal Year 2009-10
            Community Development Block Grant, HOME Investment Partnerships,
            Housing Opportunities for Persons with AIDS, and Emergency Shelter
            Grant programs.

         4. Authorize the Director, Department of Housing and Community
            Development, to adjust the amount of funding to projects identified in the
            County Consortium Fiscal Year 2009-10 Annual Funding Plan as necessary
            to reflect the actual entitlement grant amounts when they are released by the
            U.S. Department of Housing and Urban Development.




5/5/09                                                                                 15
         5. Approve and authorize the reallocation of up to $40,994 in Community
            Development Block Grant funds from the City of Poway’s completed FY
            2007-08 ADA Barrier Removal Project to the City of Poway’s Residential
            Rehabilitation Program.

         6. Approve and authorize the reallocation of up to $25,000 in Community
            Development Block Grant funds from the City of Lemon Grove’s cancelled
            FY 2008-09 City Hall Accessible Door Project to the City of Lemon
            Grove’s FY 2008-09 Park Site Improvements Project ($5,000) and from the
            City of Lemon Grove’s cancelled FY 2008-09 Public Facilities Security
            Camera Project to the City of Lemon Grove’s FY 2008-09 Street
            Rehabilitation Program ($20,000).

         7. Approve and authorize the reallocation of up to $41,532 in prior year
            Housing Opportunities for Persons with AIDS funds to support Housing
            Opportunities for Persons with AIDS projects administered by Fraternity
            House for Fraternity House ($31,190) and Fraternity House for Michaelle
            House ($10,342).

         8. Approve and authorize the reallocation of up to $41,264 in prior year
            Emergency Shelter Grant Program funds to support Emergency Shelter
            Grant projects administered by the Ecumenical Council of San Diego
            County ($8,661); North County Solutions for Change ($9,345); North
            County Interfaith Council ($11,498); and North County Serenity House
            ($11,760).

         9. Approve and authorize the reallocation of up to $450,000 in prior year
            HOME funds from the City of Encinitas HOME Transitional Housing
            Program to the City of Encinitas HOME Affordable Housing
            Acquisition/Development Program.

         10. Authorize the modification of the HOME City of Encinitas Residential
             Rehabilitation Program to allow for loans to rehabilitate all types of eligible
             residential units.

         11. Authorize the modification of the HOME City of La Mesa Down Payment
             and Closing Costs Assistance Program to reduce the interest rate from 7%
             to 3%, contingent upon final approval by the La Mesa City Council.

         12. Authorize the Director, Department of Housing and Community
             Development, in consultation with County Counsel to, as appropriate, issue
             Notices of Funding Availability or Requests for Proposals, award contracts,
             amend existing contracts as needed to reflect changes to services and
             funding, and take any other actions necessary to implement projects
             recommended in the Fiscal Year 2009-10 Annual Funding Plan, following
             the completion of environmental processing and U.S. Department of
             Housing and Urban Development release of funds, if applicable.



5/5/09                                                                                    16
         13. Authorize the Director, Department of Housing and Community
             Development, as directed by the Chief Administrative Officer, in
             consultation with County Counsel, to, as appropriate, issue Notices of
             Funding Availability or Request for Proposals, award contracts, amend
             existing contracts as needed to reflect changes to services and funding, and
             take any other actions necessary to receive grant funds, identify and
             implement grant programs, and adjust and reallocate funding to identified
             eligible projects, under the American Recovery and Reinvestment Act
             of 2009, following the completion of environmental processing and U.S.
             Department of Housing and Urban Development release of funds, if
             applicable.
         ACTION:
         ON MOTION of Supervisor Horn, seconded by Supervisor Roberts, the Board
         closed the Hearing and took action as recommended, on Consent, adopting
         Resolution No. 09-081, entitled: A RESOLUTION OF THE BOARD OF
         SUPERVISORS OF THE COUNTY OF SAN DIEGO APPROVING THE
         2009-10 ANNUAL FUNDING PLAN.

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


 10.     SUBJECT:       SHERIFF – APPROVE SITE PURCHASE AND ADOPT
                        MITIGATED NEGATIVE DECLARATION FOR A NEW
                        SHERIFF’S STATION IN RANCHO SAN DIEGO
                        (SKYLINE WESLEYAN CHURCH, INC.) (SET HEARING
                        4/7/09; HOLD HEARING 5/5/09) (DISTRICT: 2)

         OVERVIEW:
         On November 4, 1997 (27), the Board directed staff to work with the Sheriff to
         identify the building specifications and find a suitable site for a new Sheriff’s
         station in the Rancho San Diego area. Since that time, County staff, assisted by
         the County’s real estate broker, has issued two Requests for Proposals and
         investigated several potential sites and development proposals. In 2008, staff
         identified a suitable site located just east of the Skyline Wesleyan Church at
         11330 Campo Road in the western Rancho San Diego area. (Thomas Guide
         page 1271-H6) The 14.75-acre site contains a fee-owned access road, open
         space and buffer areas, and has a net developable area of 4.95 acres, including
         the roadway through the site.

         On June 24, 2008 (4), the Board approved an option agreement to purchase the
         site owned by Skyline Wesleyan Church, Inc. for the appraised value of
         $2,000,000. Since entering into the option agreement, General Services has
         completed the required environmental review, engineering studies and due
         diligence for the site. Purchase of the property requires two steps. On
         April 7, 2009, the Board is requested to set a hearing for May 5, 2009 to


5/5/09                                                                                  17
         consider approving the purchase of the site from Skyline Wesleyan Church for
         the appraised value of $2,000,000 and provide public notice of the hearing, and
         appropriate funds for the site acquisition, which are Recommendations 2
         through 5 below. If the Board takes the actions in Recommendations 1 through
         5, then on May 5, 2009, the Board may approve the purchase of the site after
         making the necessary environmental findings. These actions, listed as
         recommendations 6 through 10 below, are discretionary after consideration of
         public testimony.

         FISCAL IMPACT:
         If the Board sets the hearing for May 5, 2009, the County is required to make
         an additional option payment of $40,000 to Skyline Wesleyan Church, Inc. To
         date, the County has previously paid $20,000 in option payments to the Church.
         All option payments will be credited against the purchase price of $2,000,000.
         Approval of the site purchase will result in a current year cost of $1,986,500,
         which includes balance of the property purchase of $1,980,000 (the purchase
         price of $2,000,000 less $20,000 in previously paid option payments) plus title
         and escrow fees of $6,500. Funding for the site purchase in the amount of
         $1,889,130 is budgeted in Capital Project 1005348 - Rancho San Diego
         Sheriff’s Station Land Acquisition. The funding sources are Proposition 172
         revenue and the General Fund. Funding from Capital Project – 1006584 –
         Rancho San Diego Sheriff Station will be transferred to Capital Project
         1005348 - Rancho San Diego Sheriff’s Station Land Acquisition to provide the
         shortfall of $97,500 for the site purchase. Design and construction costs for the
         new station are estimated at $14.5 million. Funds for construction of a new
         station, in the amount of $8,477,504, are budgeted in Capital Project 1006584 -
         Rancho San Diego Sheriff Station. Funds necessary to provide full project
         funding for construction are not available at this time. Annual occupancy costs
         (e.g. utilities, contract services, and maintenance) for the new station, which
         will operate 24 hours per day, are estimated at $250,000. It is estimated that the
         new facility will be staffed with approximately 90 full-time employees, as well
         as a contingent of volunteers and reserve personnel. Today’s request will result
         in no additional staff years.

         BUSINESS IMPACT STATEMENT:
         N/A

         RECOMMENDATION:
         CHIEF ADMINISTRATIVE OFFICER
         1. Find on the basis of the whole record, that there is no substantial evidence
            that the project will have a significant effect on the environment; consider
            the Mitigated Negative Declaration, dated February 2, 2009, on file with the
            Department of General Services, together with the comments received
            during public review, and adopt it, finding that it reflects the independent
            judgment and analysis of the Board of Supervisors.




5/5/09                                                                                   18
         2. Adopt the Mitigation Monitoring And Reporting Program in accordance
            with Public Resources Code Section 21081.6 and authorize the Director,
            Department of General Services, to ensure compliance with the Mitigation
            Monitoring and Reporting Program.

         3. Authorize the Director of the Department of General Services to exercise
            the option to purchase County Parcel Number 2007-0228-A1 & D2 from
            Skyline Wesleyan Church, Inc. pursuant to the terms of the Purchase
            Agreement.

         4. Approve the purchase of County Parcel Number 2007-0228-A1 & D2, from
            Skyline Wesleyan Church, Inc. for the appraised value of $2,000,000 (less
            previously paid option payments of $60,000), and authorize the Clerk of the
            Board of Supervisors to execute two originals of the Purchase and Sale
            Agreement and Joint Escrow Instructions.

         5. Authorize the Director of General Services, or designee, to execute all
            escrow and related documents necessary to complete the purchase of
            County Parcel Number 2007-0228-A1 & D2.

         ACTION:
         Revising Recommendation 4 to read:
           “Approve the purchase of County Parcel Number 2007-0228-A1 & D2,
           from Skyline Wesleyan Church, Inc. for the appraised value of $2,000,000
           (less previously paid option payments of $60,000), and authorize the
           Director of General Services to execute two originals of the Purchase and
           Sale Agreement and Joint Escrow Instructions, upon verification that there
           have been no material changes to the site conditions since completion of
           due diligence”;
         ON MOTION of Supervisor Horn, seconded by Supervisor Roberts, the Board
         took action as recommended, on Consent.

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


 11.     SUBJECT:      CAPITAL IMPROVEMENTS NEEDS ASSESSMENT
                       FISCAL YEARS 2009-2014 (DISTRICTS: ALL)

         OVERVIEW:
         The Facilities Planning Board, responsible for creating a consolidated and
         prioritized Capital Improvements Needs Assessment Program in conformance
         with the County’s General Management System, has reviewed the Capital
         Improvements Needs Assessment presented for consideration. Today’s request
         would approve the Capital Improvement Needs Assessment and refer it to the
         Chief Administrative Officer to determine timing and funding mechanisms to
         implement individual projects.


5/5/09                                                                                  19
         FISCAL IMPACT:
         This plan represents approximately $639.2 million in currently funded and
         approved projects, plus approximately $641.4 million in partially funded and
         unfunded priority major and minor capital projects, over the five-year time-
         frame of the Capital Improvements Needs Assessment. There is no fiscal
         impact associated with approval of the Capital Improvements Needs
         Assessment. Fiscal impact will occur when funding recommendations are
         approved during future, project-specific Board actions.

         BUSINESS IMPACT STATEMENT:
         N/A

         RECOMMENDATION:
         CHIEF ADMINISTRATIVE OFFICER
         Approve the Capital Improvements Needs Assessment Program summarizing
         County of San Diego needs and projects for Fiscal Years 2009-2014, as filed
         with the Clerk of the Board, and refer to the Chief Administrative Officer to
         determine timing and funding mechanisms for implementation of individual
         projects.

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

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


 12.     SUBJECT:      SOLE SOURCE PROCUREMENT OF OVERDRIVE,
                       MIDWEST TAPES AND RECORDED BOOKS
                       MATERIALS FOR THE SAN DIEGO COUNTY LIBRARY
                       (DISTRICTS: ALL)

         OVERVIEW:
         San Diego County Library (SDCL) will spend approximately $6.1 million in
         the Fiscal Year 2008-2009 on print, audio, visual, and electronic resources for
         use by the public. Due to proprietary licensing, many of these materials
         requested by the public are only available from a single supplier. SDCL
         originally planned to purchase $50,000 of downloadable digital materials from
         OverDrive, $150,000 of DVDs from Midwest Tapes, and $250,000 in Recorded
         Books during fiscal year 2008-2009. However, demand from SDCL customers
         has been much greater than expected. Consequently, spending has exceeded the
         original budgeted amount and SDCL has reallocated spending within budgeted
         library materials in response to public demands. If approved, this request would
         ratify current year spending and allow sole source procurement of higher
         amounts of these materials from these providers, complying with the provisions
         of Board of Supervisors’ Policy A-87.


5/5/09                                                                                 20
         If approved, this action will ratify current year spending of up to $900,000 for
         these materials and authorize procurement of these materials from the sole
         source providers for subsequent years. As the contracts between publishers and
         suppliers may change, SDCL plans to continue to search for opportunities to
         competitively procure these materials and services. Therefore, this request is
         for a limited period and SDCL will procure these materials competitively when
         possible. In addition, the current economic climate has significantly reduced
         resources available for purchase of library materials at SDCL. Therefore,
         spending in future years will be significantly reduced.

         FISCAL IMPACT:
         Funding for this proposal in the amount of $900,000 is included in the Fiscal
         Year 2008-09 Operational Plan. Additionally, funding in the maximum amount
         of $850,000 is included in the subsequent fiscal year plans. If approved, this
         request will not result in any changes to costs or revenue and will not result in
         the addition of staff years.

         BUSINESS IMPACT STATEMENT:
         N/A

         RECOMMENDATION:
         CHIEF ADMINISTRATIVE OFFICER
         1. Ratify previous spending for OverDrive downloadable digital materials and
            approve Sole Source procurement of materials in an amount not to exceed
            $250,000 in fiscal year 2008-2009.

         2. Ratify previous spending for Midwest Tapes DVDs and approve Sole
            Source procurement of materials in an amount not to exceed $300,000 in
            fiscal year 2008-2009.

         3. Ratify previous spending for Recorded Books and approve Sole Source
            procurement of materials in an amount not to exceed $350,000 in fiscal year
            2008-2009.

         4. In accordance with Board Policy A-87, Competitive Procurement, authorize
            the Director, Purchasing and Contracting, to enter into negotiations with
            OverDrive as a Sole Source provider; and subject to successful negotiations
            and determination of a fair and reasonable price, award a contract for audio
            books and downloadable audio and video content for the period of
            July 1, 2009 through June 30, 2010, and two option years through
            June 30, 2012 and up to an additional six months if needed, and to amend
            the contract as required for changes to funding and services, subject to the
            approval of the Director, San Diego County Library. Waive the advertising
            requirement of Board Policy A-87.




5/5/09                                                                                  21
         5. In accordance with Board Policy A-87, Competitive Procurement, authorize
            the Director, Purchasing and Contracting, to enter into negotiations with
            Midwest Tapes as a Sole Source provider; and subject to successful
            negotiations and determination of a fair and reasonable price, award a
            contract for DVDs for the period of July 1, 2009 through June 30, 2010, and
            two option years through June 30, 2012 and up to an additional six months
            if needed, and to amend the contract as required for changes to funding and
            services, subject to the approval of the Director, San Diego County Library.
            Waive the advertising requirement of Board Policy A-87.

         6. In accordance with Board Policy A-87, Competitive Procurement, authorize
            the Director, Purchasing and Contracting, to enter into negotiations with
            Recorded Books as a Sole Source provider; and subject to successful
            negotiations and determination of a fair and reasonable price, award a
            contract for audio books for the period of July 1, 2009 through
            June 30, 2010, and two option years through June 30, 2012 and up to an
            additional six months if needed, and to amend the contract as required for
            changes to funding and services, subject to the approval of the Director, San
            Diego County Library. Waive the advertising requirement of Board Policy
            A-87.

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

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


 13.     SUBJECT:      ACCEPTANCE OF DONATIONS FOR THE
                       FALLBROOK BRANCH LIBRARY (DISTRICT: 5)

         OVERVIEW:
         County of San Diego Administrative Code, Section 66, permits the acceptance
         of gifts by the administrative head of each department of the County, subject to
         ratification by the Board of Supervisors. The County Library is poised to
         receive cash donations by the Friends of the Fallbrook Library in support of the
         new Fallbrook Branch Library. The Friends of the Fallbrook Library will
         donate up to $3,000,000 for the library project. This action will ratify and
         accept the Friends of the Fallbrook Library donation.




5/5/09                                                                                 22
         As a condition for acceptance of this donation, the Friends of the Fallbrook
         Library stipulates the funds be used to procure furnishings, fixtures, equipment,
         and enhancements for the new library. Enhancements may include construction
         to structurally support installation of furnishings, fixtures, and equipment. This
         action will ratify and authorize the appropriation of donations to the County
         Library to be used for procuring furnishings, fixtures, and equipment for the
         new Fallbrook Branch Library.

         FISCAL IMPACT:
         Funds for this request are not budgeted and are not included in the Library
         Fund. If approved, these recommendations will result in expenditures for
         furnishings, fixtures, equipment, and library enhancements for the Fallbrook
         Branch Library in an amount up to $3,000,000, depending on actual donations
         received. No additional staff years are required.

         BUSINESS IMPACT STATEMENT:
         N/A

         RECOMMENDATION:
         CHIEF ADMINISTRATIVE OFFICER
         1. Accept the Friends of the Fallbrook Library donation up to $3,000,000 in
            accordance with Administrative Code Section 66. Ratify the acceptance of
            gifts exceeding $5,000.

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

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

         4. Authorize the Director of General Services to enter into any agreements
            necessary to accept and administer this donation.

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

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


 14.     SUBJECT:       FALLEN BUT NOT FORGOTTEN (DISTRICTS: ALL)

         OVERVIEW:
         Each day, we rely on the brave and dedicated men and women who serve our
         communities as law enforcement officers to protect our rights, welfare and


5/5/09                                                                                   23
         property. These men and women choose to put themselves in harm’s way in
         order to ensure the safety of the public at large. Unfortunately, some of these
         officers make the ultimate sacrifice.

         During the month of May, several events will be held to honor these brave men
         and women who lost their lives in the line of duty. On May 6th, the San Diego
         County Law Enforcement Memorial Foundation will hold a memorial
         ceremony and dedicate the new San Diego County Regional Law Enforcement
         Memorial on the southwest lawn of the County Administration Center. Later
         that week, on May 8th, the state will honor all California law enforcement
         officers who were killed in the line of duty this year. On May 15th, Congress
         and the President of the United States of America will declare National Law
         Enforcement Memorial Day throughout our nation.

         Today’s action will direct the Chief Administrative Officer to ensure that the
         flag of the United States of America be flown at half-staff at all County
         facilities from May 6th through May 15th in honor of all of the officers who
         gave their lives protecting ours.

         FISCAL IMPACT:
         There is no fiscal impact resulting from this action.

         BUSINESS IMPACT STATEMENT:
         N/A

         RECOMMENDATION:
         SUPERVISOR ROBERTS
         Direct the Chief Administrative Officer to ensure that the flag of the United
         States of America be flown at half-staff at all County facilities from May 6th
         through May 15th in honor of our fallen officers.

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

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

 15.     SUBJECT:       SECURING HOME FIELD ADVANTAGE AT SAN
                        PASQUAL ACADEMY (DISTRICTS: ALL)

         OVERVIEW:
         In 2004, the San Pasqual Academy Visionary Plan (Plan) was created through a
         collaborative process between the County and its community partners to
         provide guidance for the future physical development of the Academy. The
         Plan includes facilities, the best placement options for the facilities,
         infrastructure requirements and management of costs of future development. A
         significant component included the development of new recreational


5/5/09                                                                                24
         fields/facilities for football, softball and baseball and track and field in the
         existing orchards at the northern portion of the campus. On February 7, 2007,
         our Board unanimously approved the San Pasqual Academy Visionary Plan,
         modification to the Major Use Permit and environmental findings to allow the
         new recreational development.

         An integral part of growing up and developing critical life skills is involvement
         in sports and other social activities. Through these experiences young people
         cultivate healthy relationships and learn skills such as team work, respecting
         authority and patience are crucial to the future success of youth becoming self-
         sufficient.

         Today, I am asking for your support to direct the Department of General
         Services to enter into lease negotiations with Witman Ranch to determine the
         cost of obtaining rights to land designated in the San Pasqual Academy
         Visionary Plan for the sports fields, and return to the Board with terms of lease
         and associated cost for the acquisition. This is an initial step in the planning
         process and is necessary in determining the overall budget to construct the
         sports fields.

         FISCAL IMPACT:
         Funds for this request are not budgeted. If approved, this request will result in
         estimated costs of $16,000, with the funding source to be determined. No
         additional staff years are required. This action will result in the addition of no
         staff years and no future costs.

         BUSINESS IMPACT STATEMENT:
         N/A

         RECOMMENDATION:
         SUPERVISOR ROBERTS
         1. Find that the Negative Declaration (ND) and Subsequent ND on file in the
            Department of Planning and Land Use as MUP No. P74-006W3 have been
            completed in compliance with California Environmental Quality Act
            (CEQA) and the state CEQA Guidelines and that the Board of Supervisors
            has reviewed and considered the information contained therein before
            approving the project; and

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


5/5/09                                                                                   25
         2. Approve and authorize the Director, Department of General Service to
            negotiate a lease amendment with Witman Ranch granting the County an
            option to remove the land designated in the San Pasqual Academy
            Visionary Plan (2007) for sports fields from the lease.

         3. Approve and authorize the Director, Department of General Services to
            negotiate a lease amendment with New Alternatives, Inc. granting New
            Alternatives, Inc. an option to add the land designated in the San Pasqual
            Academy Visionary Plan (2007) for sports fields to its existing lease.

         4. Direct the Chief Administrative Officer to establish Capital Project
            1013116 San Pasqual Academy Sports Field and identify funding in the
            amount of $16,000 to be used for county staff time and outside consultants
            to renegotiate leases with Witman Ranch and New Alternatives, Inc.

         5. Direct Chief Administrative Officer to report to the Board with negotiated
            leases terms and associated costs of executing such leases.

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

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


 16.     SUBJECT:      NOTICED PUBLIC HEARING:
                       CONFLICT OF INTEREST CODE: PINE VALLEY FIRE
                       PROTECTION DISTRICT (DISTRICTS: ALL)

         OVERVIEW:
         The Board of Supervisors serves as the Code Reviewing Body for any Local
         Government Agency, other than Cities, with jurisdiction wholly within the
         county per Government Code Section 82011. This letter is a result of the
         Biennial Review of Conflict of Interest Codes pursuant to Government Code
         Section 87306.5.

         FISCAL IMPACT:
         The funding source is the Fiscal Year 2008-2009 Adopted Budget. These
         reviews require minor year costs, which may be recoverable from the State of
         California.

         BUSINESS IMPACT STATEMENT:
         N/A




5/5/09                                                                              26
         RECOMMENDATION:
         CHIEF ADMINISTRATIVE OFFICER
         Approve the Conflict of Interest Code adopted by the Pine Valley Fire
         Protection District.

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

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


 17.     SUBJECT:       COMMUNICATIONS RECEIVED (DISTRICTS: ALL)

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

         FISCAL IMPACT:
         N/A

         BUSINESS IMPACT STATEMENT:
         N/A

         RECOMMENDATION:
         CHIEF ADMINISTRATIVE OFFICER
         Note and File.

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

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




5/5/09                                                                                  27
 18.     SUBJECT:      ADMINISTRATIVE ITEM:
                       APPOINTMENTS (DISTRICTS: ALL)

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

         FISCAL IMPACT:
         N/A

         BUSINESS IMPACT STATEMENT:
         N/A

         RECOMMENDATION:
         CHAIRWOMAN JACOB
         Appoint Kim O’Hara to Area Board XIII-State Council on Developmental
         Disabilities, for a term to expire May 5, 2012.

         Appoint Cathy Prazma to the Descanso Community Planning Group, Seat
         No. 6, for a term to expire January 3, 2011.

         Waive Board Policy A-74, Citizen Participation in County Boards,
         Commissions and Committees and re-appoint Russell Rodvold to the Lakeside
         Design Review Board, Seat No. 7, for a term to expire April 17, 2011.

         SUPERVISOR COX
         Re-appoint Peter Jonathan Jensen as a County Hearing Officer, for a term to
         expire January 7, 2013.

         Re-appoint Elizabeth Schulman as a County Hearing Officer, for a term to
         expire January 7, 2013.

         CHIEF ADMINISTRATIVE OFFICER
         Appoint Sharon L. Carlson to the Emergency Medical Care Committee, as an
         alternate representative from the Hospital Association of San Diego and
         Imperial Counties, for a term to expire July 23, 2010.

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

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



5/5/09                                                                            28
 19.     SUBJECT:      CLOSED SESSION (DISTRICTS: ALL)

         OVERVIEW:
         A. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
            (Subdivision (a) of Government Code section 54956.9)
            Kelsie West, et al. v. County of San Diego, et al.; San Diego County
            Superior Court No. 37-2008-00058195-CU-PO-NC

         B. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
            (Government Code section 54956.8)
            Property: Surplus County land in Santee close to Edgemoor Hospital and
            Las Colinas Detention Facility located south of San Diego River between
            Cuyamaca Street and North Magnolia Avenue


             Negotiating Parties:

                County:              April Heinze, John Kross

                Judicial Council:    Ryan Companies, U.S., Inc.

             Under Negotiation:      Price and Terms of Payment

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

         ACTION:
         Any reportable matters will be announced on Wednesday, May 6, 2009, prior to
         the Board of Supervisors Planning and Land Use meeting.


 20.     SUBJECT:      OFF-AGENDA CONSIDERATION:
                       ACTION TO RATIFY PROCLAMATION OF A COUNTY-
                       WIDE LOCAL EMERGENCY (DISTRICTS: ALL)

         OVERVIEW:
         On April 28, 2009, the Governor proclaimed a state of emergency in California
         due to the confirmed cases of H1N1 Influenza, or swine influenza A virus. In
         San Diego County, as of May 1, 2009, there are 11 confirmed cases of H1N1
         Influenza.




5/5/09                                                                                29
         The Chief Administrative Officer, acting in his capacity as Director of
         Emergency Services, determined that emergency conditions existed in the
         County of San Diego, and at 1:00 p.m. on April 29, 2009, proclaimed a
         countywide local emergency. Government Code section 8630 requires the
         Board of Supervisors ratify the Proclamation within seven days of its execution.

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

         BUSINESS IMPACT STATEMENT:
         N/A

         RECOMMENDATION:
         CHIEF ADMINISTRATIVE OFFICER
         1. Ratify the attached April 29, 2009 PROCLAMATION OF COUNTYWIDE
            LOCAL EMERGENCY by the Chief Administrative Officer acting in his
            capacity as the Director of Emergency Services for the County of San
            Diego pursuant to Government Code section 8630 and County Code of
            Regulatory Ordinance section 31.103.

         2. Find that there is a need for continuing the local emergency subject to
            review and termination pursuant to Government Code section 8630.

 20.1    ACTION:
         ON MOTION of Supervisor Cox, seconded by Supervisor Horn, the Board of
         Supervisors found that the need to take action arose subsequent to the Agenda
         being posted; adopted appropriate Findings and placed the item on the agenda.

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

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

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

 21.     SUBJECT:       PRESENTATIONS/AWARDS

         OVERVIEW:
         Vice-Chairwoman Pam Slater-Price presented a proclamation declaring
         May 5, 2009, Edgar Engert Day throughout the County of San Diego.

         Vice-Chairwoman Pam Slater-Price presented a proclamation declaring
         May 3-9, 2009, International Compost Awareness Week throughout the County
         of San Diego.




5/5/09                                                                                 30
         Supervisor Bill Horn presented a proclamation declaring May 6-12, 2009,
         National Nurses Week throughout the County of San Diego.

         Supervisor Ron Roberts presented a proclamation declaring May 2009, Asian
         Pacific Heritage Month throughout the County of San Diego.

         Supervisor Greg Cox presented a proclamation declaring May 5, 2009,
         Dr. Ron Kirkemo Day throughout the County of San Diego.


 22.     SUBJECT:       PUBLIC COMMUNICATION

         OVERVIEW:
         Dorothy Lazenby spoke to the Board concerning Food Poisoning.

         ACTION:
         Heard, referred to the Chief Administrative Officer.


There being no further business, the Board adjourned at 11:12 a.m. in memory of
Betty Harding, Jim Mann, David Feldman and Jack Kemp.


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

Consent: Vizcarra
Discussion: Mazyck

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




5/5/09                                                                              31

								
To top