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COUNTY OF SAN DIEGO BOARD OF SUPERVISORS

VIEWS: 14 PAGES: 24

									                        STATEMENT OF PROCEEDINGS
              COUNTY OF SAN DIEGO BOARD OF SUPERVISORS
                              REGULAR MEETING
                          TUESDAY, MARCH 02, 2010
                       Board Of Supervisors North Chamber
              1600 Pacific Highway, Room 310, San Diego, California


REGULAR SESSION – Regular Meeting was called to order at 9:05 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


Pledge of Allegiance was led by

Public Communication: [No Speakers]




3/2/10                                                                    1
Category                Agenda No.   Subject

Public Safety           1.     APPROVAL OF SOLE SOURCE
                               PROCUREMENT FOR THE CONVERSION OF
                               ONE MODEL MD500E HELICOPTER TO A
                               MODEL MD530FF HELICOPTER
                               [FUNDING SOURCE(S): GENERAL PURPOSE
                               REVENUE]

                        2.     SHERIFF - AUTHORIZE THE SUBMISSION OF
                               A GRANT APPLICATION TO THE
                               CALIFORNIA DEPARTMENT OF ALCOHOLIC
                               BEVERAGE CONTROL AND RATIFY THE
                               SUBMISSION OF GRANT APPLICATIONS TO
                               THE METLIFE FOUNDATION AND
                               CALIFORNIA STATE PARKS

                        3.     SHERIFF– APPROVAL OF A 2010 OPERATION
                               STONEGARDEN GRANT APPLICATION

Community Services      4.     HEALTH AND HUMAN SERVICES AGENCY -
                               FIRST AMENDMENT TO LEASE AGREEMENT
                               FOR CHILD WELFARE SERVICES AND AGING
                               AND INDEPENDENCE SERVICES, 463 NORTH
                               MIDWAY DRIVE, ESCONDIDO
                               [FUNDING SOURCE(S): COUNTY EXPENSE
                               CLAIM (WELFARE ADMIN. CLAIM) FOR 90%
                               OF THE COST AND THE GENERAL FUND FOR
                               10% OF THE COST]

                        5.     ACCEPT PROPOSITION 50 GRANT FUNDING
                               FOR STORMWATER POLLUTION
                               PREVENTION PROJECTS AT TWO COUNTY
                               FACILITIES; AUTHORIZE EXECUTION OF
                               GRANT AGREEMENT AND CONTRACT FOR
                               PROFESSIONAL SERVICES
                               [FUNDING SOURCE(S): PROPOSITION 50,
                               INTEGRATED REGIONAL WATER
                               MANAGEMENT GRANT PROGRAM]

Financial and General   6.     AMENDMENTS TO THE COMPENSATION
Government                     ORDINANCE AND TO THE ADMINISTRATIVE
                               CODE
                               [FUNDING SOURCE(S): COMBINATION OF
                               VARIOUS PROGRAM REVENUES AND
                               GENERAL PURPOSE REVENUE]




3/2/10                                                                 2
Category                Agenda No.   Subject

Communications          7.     COMMUNICATIONS RECEIVED
Received

Financial and General   8.     NEIGHBORHOOD REINVESTMENT GRANTS
Government                     AND COMMUNITY ENHANCEMENT
                               AMENDMENTS (DISTRICT: 5)
                               (4 VOTES)

                        9.     ALLOCATION OF NEIGHBORHOOD
                               REINVESTMENT FUNDS AND COMMUNITY
                               ENHANCEMENT AMENDMENTS
                               (DISTRICT: 4)

                        10.    ADMINISTRATIVE ITEM:
                               SECOND CONSIDERATION AND ADOPTION
                               OF ORDINANCE: AMENDMENT TO CURFEW
                               ORDINANCE SECTION 35.103 OF COUNTY
                               CODE OF REGULATORY ORDINANCES (first
                               reading February 23, 2010; second reading
                               March 2, 2010)

                        11.    ADMINISTRATIVE ITEM:
                               SECOND CONSIDERATION AND ADOPTION
                               OF ORDINANCE: UNIFORM CURFEW HOURS
                               IN THE COUNTY OF SAN DIEGO (FIRST
                               READING: FEBRUARY 23, 2010; SECOND
                               READING MARCH 2, 2010)

                        12.    ADMINISTRATIVE ITEM:
                               SECOND CONSIDERATION AND ADOPTION
                               OF ORDINANCE: ORDINANCE ORDERING AN
                               ELECTION FOR PROPOSED CHARTER
                               AMENDMENT AND CONSIDERING A
                               COUNTY ADMINISTRATIVE CODE
                               AMENDMENT RELATING TO PROJECT
                               LABOR AGREEMENTS (2/23/2010 -- Introduce
                               Ordinances; 3/2/2010 – Adopt Ordinances)

Appointments            13.    ADMINISTRATIVE ITEM:
                               APPOINTMENTS

                        14.    CLOSED SESSION

Presentations/Awards    15.    PRESENTATIONS/AWARDS




3/2/10                                                                     3
 1.      SUBJECT:      APPROVAL OF SOLE SOURCE PROCUREMENT FOR
                       THE CONVERSION OF ONE MODEL MD500E
                       HELICOPTER TO A MODEL MD530FF HELICOPTER
                       (DISTRICTS: ALL)

         OVERVIEW:
         This is a request to approve a sole source procurement from MD Helicopter,
         Inc. for the conversion of one (1) Sheriff’s Helicopter model number MD500E
         to a MD530FF helicopter. The conversion will benefit the Sheriff’s Aerial
         Support to Regional Enforcement Agencies Unit (ASTREA) by providing a
         helicopter that can fly at higher altitudes, carry higher payloads and perform
         better at extreme temperatures. The conversion will provide the helicopter with
         12,000 hours of useful life, which equates to nearly 20 years of flying time.

         FISCAL IMPACT:
         Funds for this request are included in the Adopted Fiscal Year 2009-2010
         Operational Plan in the Sheriff’s Department. If approved, this request will
         result in $1,066,699.00 current year costs. The funding source is General
         Purpose Revenue. There will be no change in net General Fund cost and no
         additional staff years.

         BUSINESS IMPACT STATEMENT:
         N/A

         RECOMMENDATION:
         SHERIFF
         1. In accordance with Board Policy A-87, Competitive Procurement, approve
            and authorize the Director, Purchasing and Contracting to enter into
            negotiations with MD Helicopter, Inc. and subject to successful negotiations
            and determination of a fair and reasonable price, award a contract for the
            conversion of one (1) Sheriff’s Helicopter model number MD500E to a
            model number MD530FF.

         2. Waive the advertising requirement of Board Policy A-87.

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

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




3/2/10                                                                                 1
 2.      SUBJECT:      SHERIFF - AUTHORIZE THE SUBMISSION OF A
                       GRANT APPLICATION TO THE CALIFORNIA
                       DEPARTMENT OF ALCOHOLIC BEVERAGE
                       CONTROL AND RATIFY THE SUBMISSION OF GRANT
                       APPLICATIONS TO THE METLIFE FOUNDATION AND
                       CALIFORNIA STATE PARKS (DISTRICTS: ALL)

         OVERVIEW:
         This is a request to authorize the Sheriff’s Department to submit a grant
         application to the California Department of Alcoholic Beverage Control (ABC).
         This is also a request to ratify the submission of a grant application to the
         MetLife Foundation. Lastly, this is also a request to ratify the submission of a
         grant application to the California State Parks, Off-Highway Motor Vehicle
         Recreation (OHMVR) Division.

         The ABC grant allows collaboration between the Sheriff’s Department and
         ABC to develop and institute an approach to eliminating crime and public
         nuisance problems associated with alcoholic beverage outlets. The MetLife
         Foundation grant funds innovative partnerships between community groups and
         police that recognize, sustain, share the work of, and promote neighborhood
         safety and revitalization. The OHMVR grant provides for well managed Off-
         Highway Vehicle (OHV) recreation by providing financial assistance to eligible
         agencies and organizations.

         FISCAL IMPACT:
         Funds for this request are not included in the Adopted Fiscal Year 2009-10
         Operational Plan in the Sheriff’s Department. There are no costs or revenue
         associated with this request to apply for funds. There will be no change in net
         General Fund cost and no additional staff years.

         The maximum award amount for the ABC grant is $100,000 and the anticipated
         date for award notification is May 2010. The maximum award amount for the
         MetLife Foundation grant is and the anticipated date for award notification is
         April 2010. The maximum award amount for the California Parks, OHMVR
         grant is $65,000 and the anticipated date for award notification is June 2010.

         If applications to any of the agencies are awarded, a subsequent item will be
         brought to your Board to accept and appropriate the funds. No matching funds
         are required with either the ABC grant or the MetLife Foundation grant.
         Matching funds of 25% of the award amount are required for the OHMVR
         grant and will be satisfied through in-kind time and services donated by Sheriff
         personnel.

         BUSINESS IMPACT STATEMENT:
         N/A




3/2/10                                                                                  2
         RECOMMENDATION:
         SHERIFF
         1. Waive Board Policy B-29, Fees, Grants, Revenue Contracts – Department
            Responsibility for Cost Recovery, which requires prior approval of grant
            application and full cost recovery for grants.

         2. Authorize the Sheriff’s Department to submit a grant application to the
            California Department of ABC for an amount not to exceed $100,000 for
            Fiscal Year (FY) 2010-2011 to help eliminate alcohol related crime and
            nuisances.

         3. Ratify the submission of the Sheriff’s Department’s grant application to the
            MetLife Foundation for an amount not to exceed $15,000 for FY 2010-2011
            for innovative partnerships between community groups and law
            enforcement that promote neighborhood safety and revitalization.

         4. Ratify the submission of the Sheriff’s Department’s grant application to the
            California State Parks for an amount not to exceed $65,000 for Fiscal Year
            2009-2010 to contribute to well-managed, high quality, Off-Highway
            Vehicle recreation Areas.

         5. Authorize the Sheriff to execute all required grant and grant related
            documents, including any annual extensions, amendments, and/or revisions
            thereof that do not materially impact or alter the services or funding level.

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

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


 3.      SUBJECT:      SHERIFF– APPROVAL OF A 2010 OPERATION
                       STONEGARDEN GRANT APPLICATION
                       (DISTRICTS: ALL)

         OVERVIEW:
         This is a request to authorize the Sheriff’s Department to submit a 2010
         Operation Stonegarden Grant (OPSG) grant application of approximately
         $25,000,000 for November 1, 2010 to November 1, 2013. This request is made
         on behalf of the San Diego region to the Federal Department of Homeland
         Security, with monies passed through the California Emergency Management
         Agency (Cal EMA). The OPSG grant program is intended to enhance law
         enforcement preparedness and operational readiness along the land borders of
         the United States. As was the case in 2008 and 2009, the 2010 OPSG grant
         program will provide funding to designated localities to enhance cooperation


3/2/10                                                                                  3
         and coordination between law enforcement agencies in a joint mission to secure
         the United States land borders.

         FISCAL IMPACT:
         Funds for this request are not included in the Adopted Fiscal Year 2009-11
         Operational Plan. There are no costs or revenue associated with this request to
         submit an application. If this request is approved and funds are awarded, award
         notification for the 2010 Operation Stonegarden grant is expected to be
         announced by November 2010. It is anticipated that the 2010 regional grant
         application will be approximately $25,000,000 for a three year period. If the
         application for the 2010 Operation Stonegarden grant is approved, a subsequent
         item will be brought to your Board to accept and appropriate the funds. No
         matching funds and no staff years are required with either program.

         BUSINESS IMPACT STATEMENT:
         N/A

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

         2. Authorize the Sheriff’s Department to submit a grant application of
            approximately $25,000,000 to the Federal Department of Homeland
            Security for the 2010 Operation Stonegarden Grant for November 1, 2010
            to November 1, 2013.

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

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


 4.      SUBJECT:      HEALTH AND HUMAN SERVICES AGENCY - FIRST
                       AMENDMENT TO LEASE AGREEMENT FOR CHILD
                       WELFARE SERVICES AND AGING AND
                       INDEPENDENCE SERVICES, 463 NORTH MIDWAY
                       DRIVE, ESCONDIDO (DISTRICT: 5)

         OVERVIEW:
         On December 14, 1999 (9), the Board approved a five-year lease for 20,307
         square feet of office space located at 463 North Midway Drive, Escondido, for
         the Health and Human Services Agency’s Child Welfare Services and Aging
         and Independence Services office. An option to extend the term through



3/2/10                                                                                 4
         May 31, 2010 and expand the space by 100 square feet was exercised on
         November 23, 2004.
         Today’s request is for the Board to approve a First Amendment to Lease for
         20,403 square feet of office space with KNCK Broadway LLC, the Lessor. The
         First Amendment will extend the term for five years, reduce the monthly rental
         rate, add two five-year options to extend the term with early termination rights
         and change the commencement date to June 1, 2010. The First Amendment
         also includes a “Special Provisions Clause” to provide for $122,418 of
         refurbishments to the premises, at the Lessor’s expense. The full-service lease
         rate has been renegotiated to $1.90 per square foot, which represents a
         reduction from the current rental rate of $2.05 per square foot.

         FISCAL IMPACT:
         Funds for this request are included in the Fiscal Year 2009-10 Operational Plan
         in the Health and Human Services Agency. If approved, this request will result
         in a current year cost of $497,878 and a subsequent year cost of $466,157. The
         funding source is the County Expense Claim (Welfare Admin. Claim) for 90%
         of the cost and the General Fund for 10% of the cost. Cost savings resulting
         from the lower rental rate under the First Amendment will be $2,972 in the
         current fiscal year and $39,048 in Fiscal Year 2010-2011. No additional staff
         years will be required.

         BUSINESS IMPACT STATEMENT:
         N/A

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

         2. Approve and authorize the Director of the Department of General Services
            to execute three copies of the First Amendment to Lease with KNCK
            Broadway LLC for office space at 463 North Midway Drive, Escondido.

         3. Authorize the Director, Department of General Services to exercise the
            options to extend the lease, if appropriate, and to amend the Lease as
            necessary to implement the extension terms.

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

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




3/2/10                                                                                  5
 5.      SUBJECT:       ACCEPT PROPOSITION 50 GRANT FUNDING FOR
                        STORMWATER POLLUTION PREVENTION PROJECTS
                        AT TWO COUNTY FACILITIES; AUTHORIZE
                        EXECUTION OF GRANT AGREEMENT AND
                        CONTRACT FOR PROFESSIONAL SERVICES
                        (DISTRICTS: 1 & 4)

         OVERVIEW:
         Proposition 50, the Water Security, Clean Water, Coastal and Beach Protection
         Act of 2002, Chapter 8, allocated funding for competitive grants to promote
         Integrated Regional Water Management projects through a variety of planning
         activities and funding of implementation activities. On May 15, 2009, the State
         of California Department of Water Resources approved a grant of $25 million
         to the San Diego Integrated Regional Water Management Program for
         implementation of 19 projects, including $600,000 for the Department of
         General Services to demonstrate practical implementation of a range of Low-
         Impact Development (LID) Best Management Practices to reduce untreated
         stormwater runoff from two County facilities in the Chollas Creek sub-
         watershed.

         These facilities, the Southeast Family Resource Center at 4588 Market Street,
         San Diego and the Central Regional Public Health Center at 5202 University
         Avenue, San Diego have large parking lot surface areas that result in substantial
         contaminated runoff during storm events. This grant will be used to
         demonstrate how existing County facilities can be feasibly retrofitted with LID
         techniques that promote infiltration, reduce runoff and cumulatively improve
         water quality in Chollas Creek. This action proposes to leverage $110,000
         currently allocated for planned major maintenance pavement repairs at the two
         sites as the local match for $600,000 in State funds. The total project cost is
         $710,000.

         This is a request to authorize the Department of General Services to accept the
         Proposition 50 grant and to negotiate a grant agreement with the San Diego
         County Water Authority to fund the County of San Diego Chollas Creek
         Runoff Reduction and Groundwater Recharge project. Your Board is also
         requested to authorize the Director of Purchasing and Contracting to take the
         necessary actions to contract for LID planning, stormwater monitoring and
         testing consulting services with Richard Watson & Associates and Kinnetic
         Laboratories, Inc. as specified in the grant provisions.

         FISCAL IMPACT:
         Funds for this request are included in the Fiscal Year 2009-10 Operational Plan
         in the General Services Major Maintenance Internal Service Fund. If approved
         this request will result in additional costs and revenue of $600,000. The funding
         source is the Proposition 50, Integrated Regional Water Management Grant
         Program. The grant requires the County to provide minimum in-kind matching


3/2/10                                                                                   6
         funds of approximately 15% of the total grant or $103,500. The match is
         proposed to be $110,000 and will be provided by charges in the General Fund
         and existing appropriations for related Health & Human Services Agency
         planned Major Maintenance Projects. The total project cost will be $710,000
         and is expected to span three fiscal years with total projected costs (including
         match plus grant funds) of $115,000 in Fiscal Year 2009-10; $575,000 in
         Fiscal Year 2010-11 and $20,000 in Fiscal Year 2011-12. There will be no
         change in net General Fund costs and no additional staff years required.

         BUSINESS IMPACT STATEMENT:
         Implementation of the grant will have a positive impact on the San Diego
         regional economy by requiring contracts for the design and construction of
         stormwater improvements that will result in the expansion of technical and
         construction-related employment opportunities locally.

         RECOMMENDATION:
         CHIEF ADMINISTRATIVE OFFICER
         1. Find that in accordance with the California Environmental Quality Act
            (CEQA) Guidelines Sections 15301, 15302 and 15304, the installation of
            Low-Impact Development Best Management Practices at two County
            facilities in the Chollas Creek watershed area are categorically exempt in
            that it involves minor alterations, replacement or reconstruction of existing
            public structures and minor alterations to land and water.

         2. Adopt a resolution entitled: “Resolution of the San Diego County Board of
            Supervisors Authorizing the Director, Department of General Services to
            Accept Proposition 50, (Water Security, Clean Water, and Coastal and
            Beach Protection Act of 2002) Integrated Regional Water Management
            Grant Funds; and to Authorize the Director to Enter into an Agreement with
            the San Diego County Water Authority.”

         3. Authorize the Director, Department of General Services or designee, to
            conduct negotiations and submit all documents including, but not limited to,
            applications, contracts, and payment requests; and to execute an agreement
            with the San Diego County Water Authority including any extensions or
            amendments thereto, that do not materially impact or alter the grant
            program or funding level.

         4. In accordance with Board of Supervisors Policy A-87, Competitive
            Procurement, authorize the Director, Purchasing and Contracting, to enter
            into negotiations with Richard Watson & Associates and Kinnetic
            Laboratories, Inc. for consulting services and, subject to successful
            negotiations and determination of fair and reasonable price, execute
            contracts for planning, stormwater monitoring and testing services up to
            $120,000 each as may be needed for the implementation of the grant.
            Designate the Director of General Services as contract administrator.
            Waive the advertising requirement of Board Policy A-87.


3/2/10                                                                                  7
         5. Authorize the Director, Department of Purchasing and Contracting and to
            take any action authorized by Article XXIII, Section 401, et seq. of the
            Administrative Code, with respect to contracting for construction services
            for the Chollas Creek project in an amount not to exceed $300,000 in
            construction cost. Designate the Director of General Services as contract
            administrator.

         ACTION:
         ON MOTION of Supervisor Cox, seconded by Supervisor Roberts, the Board
         took action as recommended, on Consent, adopting Resolution No. 10-037,
         entitled: RESOLUTION OF THE SAN DIEGO COUNTY BOARD OF
         SUPERVISORS AUTHORIZING THE DIRECTOR, DEPARTMENT OF
         GENERAL SERVICES TO ACCEPT PROPOSITION 50 (WATER
         SECURITY, CLEAN WATER AND COASTAL AND BEACH
         PROTECTION ACT OF 2002) INTEGRATED REGIONAL WATER
         MANAGEMENT FUNDS; AND AUTHORIZE THE DIRECTOR TO ENTER
         INTO AN AGREEMENT WITH THE SAN DIEGO COUNTY WATER
         AUTHORITY.

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


 6.      SUBJECT:      AMENDMENTS TO THE COMPENSATION
                       ORDINANCE AND TO THE ADMINISTRATIVE CODE
                       (DISTRICTS: ALL)

         OVERVIEW:
         The proposed amendments to the San Diego County Compensation Ordinance
         are part of the ongoing effort to manage and maintain a skilled, adaptable and
         diverse workforce dedicated to sustaining operational excellence and serving
         the public. These amendments include increasing the compensation rate by
         approximately 2% for step and broad banded classes in the Classified Service
         designated CE, CEM, and MA, and for classes in the Unclassified Service
         designated NA, NE, NM, NS and salary ranges 1 through 27 for classes
         designated EM and UM. The salary increase percentages are based on those
         negotiated with the largest employee associations. These amendments also
         include: retitling several classifications to reflect organizational changes,
         designating classes as “Terminal”, deleting obsolete classifications, and
         amending sections of the Compensation Ordinance pertaining to changes within
         the various classifications. In addition, the Administrative Code is proposed to
         be amended to update sections pertaining to the California bar fee
         reimbursement, transportation reimbursement and automobile allowance.

         FISCAL IMPACT:
         If approved, for Fiscal Year 2010-11, the proposal would result in an increase
         of $3.1 million in Salaries and Benefits costs. These costs will be reflected in



3/2/10                                                                                  8
         the Fiscal Year 2010-12 CAO Proposed Operational Plan, as will be the
         increases previously negotiated with the represented bargaining groups. The
         funding source will be a combination of various program revenues and general
         purpose revenue. The adjustments to pay bands for classes in the Unclassified
         Service designated NA, NE, NM, NS and salary ranges 1 - 27 for classes
         designated EM and UM will not automatically result in pay increases.
         Adjustments to pay in these classes are based on performance. These
         amendments will have no negative effect on the funding status of the San Diego
         County Employees Retirement system (SDCERA).

         BUSINESS IMPACT STATEMENT:
         N/A

         RECOMMENDATION:
         CHIEF ADMINISTRATIVE OFFICER
         On March 2, 2010 (First Reading):
         Approve introduction (first reading) of ordinance; read title and waive further
         reading of ordinances (MAJORITY VOTE):

               AN ORDINANCE AMENDING THE COMPENSATION
               ORDINANCE.

               AN ORDINANCE AMENDING THE ADMINISTRATIVE CODE
               SECTION 124 PERTAINING TO C.A.O. TO BE APPOINTING
               AUTHORITY FOR VARIOUS COUNTY OFFICERS; SECTION
               492 PERTAINING TO CALIFORNIA STATE BAR FEE
               REIMBURSEMENT; SECTION 495 PERTAINING TO
               TRANSPORTATION REIMBURSEMENT; AND SECTION 496
               PERTAINING TO AUTOMOBILE ALLOWANCE.

         If the Board takes the action recommended in item 1, then on March 23, 2010
         (Second Reading):

         Submit ordinances for further Board consideration and adoption on
         March 23, 2010.

         ACTION:
         ON MOTION of Supervisor Cox, seconded by Supervisor Roberts, the Board
         took action as recommended, on Consent, introducing Ordinances for further
         Board consideration and adoption on March 23, 2010.

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




3/2/10                                                                                 9
 7.      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 Cox, seconded by Supervisor Roberts, the Board
         took action as recommended, on Consent.

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


 8.      SUBJECT:       NEIGHBORHOOD REINVESTMENT GRANTS AND
                        COMMUNITY ENHANCEMENT AMENDMENTS
                        (DISTRICT: 5)

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

         FISCAL IMPACT:
         The fiscal impact of these recommendations is $286,452.39. The funding
         source is the Neighborhood Reinvestment budget (15670). This action will
         result in the addition of no new staff years and no future costs.

         BUSINESS IMPACT STATEMENT:
         N/A




3/2/10                                                                                  10
         RECOMMENDATION:
         VICE-CHAIRMAN HORN
         1. Allocate $24,000 from the Neighborhood Reinvestment budget (15670) to
            the Women’s Resource Center to assist in establishing the “Dream Builder
            Society” donor program by covering the costs of website and program
            development, marketing, a donor tracking system, database upgrade,
            computer hardware, software, equipment, and installation.

         2. Allocate $27,000 from the Neighborhood Reinvestment budget (15670) to
            the Fallbrook Center for the Arts to pay for the engineering, electrical and
            construction costs, fixtures, furnishings, supplies, equipment, advertising,
            signage and the costs of marketing, venue, travel, food, entertainment,
            professional services and supplies for the grand opening event for the new
            artisan boutique located in the Center for the Arts.

         3. Allocate $50,000 from the Neighborhood Reinvestment budget (15670) to
            the Fallbrook Area Visitors Bureau to cover the marketing and
            entertainment costs associated with the “PB&J” music event in the spring of
            2010.

         4. Allocate $25,000 from the Neighborhood Reinvestment budget (15670) to
            North County Lifeline to pay for a regional assessment of the 78 Corridor
            cities and communities by the San Diego Association of Governments
            (SANDAG).

         5. Allocate $30,000 from the Neighborhood Reinvestment budget (15670) to
            the Boys & Girls Club of Vista to help purchase a passenger van.

         6. Allocate $45,000 from the Neighborhood Reinvestment budget (15670) to
            the Bonsall Education Foundation to help pay for design and permit fees, a
            new roof and the Historic Structure Report for the restoration of Bonsall’s
            Little Old Schoolhouse.

         7. Allocate $20,000 from the Neighborhood Reinvestment budget (15670) to
            the Bonsall Fallbrook Little League to help pay for irrigation improvements,
            seed, soil and grass repairs, infield improvements, baseball equipment, a
            pitching machine, safety bases, and dugout repairs.

         8. Allocate $35,000 from the Neighborhood Reinvestment budget (15670) to
            the Fallbrook Village Association to pay for the costs of the Mercado
            project design and implementation, signage, clean up costs, paint,
            production of the Revitalization newsletter, website maintenance, marketing
            and production of information brochures.




3/2/10                                                                                11
         9. Allocate $35,000 from the Neighborhood Reinvestment budget (15670) to
            the Fallbrook Beautification Alliance to pay for purchasing flower pot
            groups, permit fees, and to cover the costs of marketing, venue, travel, food,
            entertainment, professional services and supplies for the July 4th
            Fundraising Event in Fallbrook.

         10. Amend the purpose of the June 23, 2009 allocation of $2,000 from
             Community Enhancement budget (12900) to the Reche Community Club to
             include renovating the School House bathrooms to bring them up to ADA
             code. Authorize the Chief Financial Officer to amend the grant agreement
             accordingly.

         11. Amend the purpose of the December 8, 2009 (41) allocation of $14,900 to
             the Soroptimist International of Vista to include travel and registration
             expenses for human trafficking seminars and conferences and the Annual
             Soroptimist International Convention. Authorize the Chief Financial
             Officer to amend the grant agreement accordingly.

         12. Amend the purpose of the November 18, 2008 (19) allocation of $15,000 to
             the San Diego North Economic Development Council to include the costs
             of catering for the holiday luncheon. Authorize the Chief Financial Officer
             to amend the grant agreement accordingly.

         13. Amend the purpose of the June 24, 2008 allocation of $10,000 from
             Community Enhancement budget (12900) to the Oceanside Museum of Art
             to include the liability insurance for the museum. Authorize the Chief
             Financial Officer to amend the grant agreement accordingly.

         14. Amend the purpose of the June 24, 2008 allocation of $12,500 from
             Community Enhancement budget (12900) to the Antique Gas & Steam
             Engine Museum to allow the entire $12,500 allocation to be spent on the
             repair and remodeling of the “School of Past Times” building. Authorize
             the Chief Financial Officer to amend the grant agreement accordingly.

         15. Amend the purpose of the September 20, 2005 (18) allocation of $6,477 to
             the Warner Springs Community Resource Center to include printing and
             office supplies. Authorize the Chief Financial Officer to amend the grant
             agreement accordingly.

         16. Amend the purpose of the June 20, 2006 (28) allocation of $10,500 to the
             Warner Springs Community Resource Center to include newsletter postage
             and office supplies. Authorize the Chief Financial Officer to amend the
             grant agreement accordingly.




3/2/10                                                                                  12
         17. Amend the purpose of the September 16, 2008 (8) allocation of $56,000 to
             the Friends of the Valley Center Library to include professional services,
             entertainment and transportation costs, food, computer and entertainment
             equipment and awards for film festival winners associated with youth and
             teen programs. Authorize the Chief Financial Officer to amend the grant
             agreement accordingly.

         18. Amend the purpose of the June 17, 2008 (18) allocation to Neighborhood
             Healthcare to include computer, software and construction costs associated
             with their Pauma Valley dental facility. Authorize the Chief Financial
             Officer to amend the grant agreement accordingly.

         19. Establish appropriations of $2,824.89 in the Neighborhood Reinvestment
             Program Budget (Org 15670) based on the unused portion of the
             June 20, 2006 (28) allocation of $10,000 to the Boys & Girls Club of
             Oceanside for the 6th Annual Luau event expenses, so the funds can be
             reallocated to other projects. (4 VOTES)

         20. Establish appropriations of $973.31 in the Neighborhood Reinvestment
             Program Budget (Org 15670) based on the unused portion of the
             August 2, 2005 (27) allocation of $9,000 to the Indian Health Council, Inc.
             to purchase supplies and equipment for three dental clinics in San Marcos,
             Oceanside and Valley Center that provide dental services to low-income
             patients, so the funds can be reallocated to other projects. (4 VOTES)

         21. Establish appropriations of $542.35 in the Neighborhood Reinvestment
             Program Budget (Org 15670) based on the unused portion of the
             October 24, 2007 (9) allocation of $13,000 to the Escondido Kiwanis Club
             for the development of a Vietnam Photo Exhibit, so the funds can be
             reallocated to other projects. (4 VOTES)

         22. Establish appropriations of $104.67 in the Neighborhood Reinvestment
             Program Budget (Org 15670) based on the unused portion of the
             July 31, 2007 (21) allocation of $50,000 to the North County Serenity
             House to purchase bed frames, mattresses, sofas, and other furnishings for
             "Serenity Village" in Escondido, so the funds can be reallocated to other
             projects. (4 VOTES)

         23. Establish appropriations of $102.39 in the Neighborhood Reinvestment
             Program Budget (Org 15670) based on the unused portion of the
             September 16, 2008 (8) allocation of $3,300 to the Montezuma Valley
             Historical Society for display cases, exterior lighting, and wiring costs to
             restore the historical school house near Heritage Park in Ranchita, so the
             funds can be reallocated to other projects. (4 VOTES)




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         24. Find that the allocations authorized in recommendations 6, 7, 10 and 14 are
             exempt from the California Environmental Quality Act (CEQA) pursuant to
             CEQA Guidelines section 15301 in that all of the allocations involve minor
             alterations to existing facilities.

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

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

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

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

 9.      SUBJECT:      ALLOCATION OF NEIGHBORHOOD REINVESTMENT
                       FUNDS AND COMMUNITY ENHANCEMENT
                       AMENDMENTS (DISTRICT: 4)

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

         FISCAL IMPACT:
         The total combined cost of the proposed recommendations is $122,500.
         Appropriations are available in the Neighborhood Reinvestment Budget unit
         (15665). This action will result in the addition of no staff years and no future
         costs. There is no fiscal impact to the amendments since grants were
         previously authorized.

         BUSINESS IMPACT STATEMENT:
         N/A

         RECOMMENDATION:
         SUPERVISOR ROBERTS
         1. Allocate $20,000 from the Neighborhood Reinvestment Budget unit
            (15665) to the Boys and Girls Club of Inland North County for sports
            equipment, arts and crafts materials, books, computer software and for
            costs related to providing transportation and admissions to museums for
            educational enrichment and recreational activities during after school and
            school breaks at the Boys and Girls Club in Encanto.


3/2/10                                                                                 14
         2. Allocate $20,000 from the Neighborhood Reinvestment Budget unit
            (15665) to the Boys and Girls Club of Inland North County for sports
            equipment, arts and crafts materials, books, computer software and for
            costs related to providing transportation and admissions to museums for
            educational enrichment and recreational activities during after school and
            school breaks at the Boys and Girls Club in Linda Vista.

         3. Allocate $20,000 from the Neighborhood Reinvestment Budget unit
            (15665) to the Boys and Girls Club of Inland North County for sports
            equipment, arts and crafts materials, books, computer software and for
            costs related to providing transportation and admissions to museums for
            educational enrichment and recreational activities during after school and
            school breaks at the Boys and Girls Club in Clairemont.

         4. Allocate $3,500 from the Neighborhood Reinvestment Budget unit (15665)
            to the Designated Drivers Association of San Diego to purchase jump
            ropes, yoga mats and T-shirts for the Live Well Project event on
            March 13, 2010.

         5. Allocate $5,000 from the Neighborhood Reinvestment Budget unit (15665)
            to the Mission Valley Rotary Club for gardening and planting supplies and
            equipment and signage costs related to woodworking projects, garden
            improvements, planting, signs and trail work to enhance the San Diego
            River Garden on Rotarians at Work Day on April 24, 2010.

         6. Find that the authorizations described in recommendation 5 and 7 are
            exempt from the provisions of the California Environmental Quality Act
            (CEQA) pursuant to section 15301 of the CEQA Guidelines because the
            allocations will be used for maintenance, repair and minor alterations to
            existing facilities.

         7. Allocate $35,000 from the Neighborhood Reinvestment Budget unit
            (15665) to the Ronald McDonald House of Charities of San Diego for
            construction, permitting and design costs of a vehicle turnout lane in front
            of the facility.

         8. Allocate $12,000 from the Neighborhood Reinvestment Budget unit
            (15665) to San Diego Film Commission to purchase digital cameras,
            computer stations, software, printer and printing equipment and costs to
            replace the organization’s IT server.

         9. Allocate $3,500 from the Neighborhood Reinvestment Budget unit (15665)
            to Social Advocates for Youth San Diego Inc. to purchase t-shirts and
            posters for the Kiki’s Red Ribbon event on March 6, 2010.




3/2/10                                                                                15
         10. Allocate $3,500 from the Neighborhood Reinvestment Budget unit (15665)
             to the Urban Land Institute of San Diego/Tijuana for costs related to facility
             rental, audio visual equipment and professional services for the Green
             Collar Economy seminar on May 11, 2010, during Smart Growth Week.

         11. Amend the purpose of the June 23, 2009 allocation of $5,000 to the
             Committee of One Hundred to include a survey cost to determine the
             conservation techniques and ongoing conservation costs for sculptures and
             architectural elements displayed in the Panama-California Sculpture Court
             in the courtyard of Balboa Park’s Casa del Prado.

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

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

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

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


 10.     SUBJECT        ADMINISTRATIVE ITEM:
                      : SECOND CONSIDERATION AND ADOPTION OF
                        ORDINANCE: AMENDMENT TO CURFEW ORDINANCE
                        SECTION 35.103 OF COUNTY CODE OF REGULATORY
                        ORDINANCES (first reading February 23, 2010; second
                        reading March 2, 2010) (DISTRICTS: ALL)

         OVERVIEW:
         On February 23, 2010 (10), the Board of Supervisors introduced Ordinance for
         further Board consideration and adoption on March 2, 2010.

         Currently, sections 35.101 through 35.103 of the San Diego County Code of
         Regulatory Ordinances establish a curfew for minors in the unincorporated
         areas of San Diego County. Section 35.103, subdivision (c), provides certain
         defenses that may be raised by a juvenile or the juvenile’s parents against
         prosecution under the ordinance.

         A recent Court of Appeal decision indicates that the defenses provided by
         curfew ordinances must ensure that the curfew restrictions are not overbroad to
         the extent they impermissibly restrict a minor’s First Amendment rights or



3/2/10                                                                                   16
         attendance at, and traveling to and from, other legitimate activities. Therefore,
         today’s action will introduce an ordinance to amend the County’s Regulatory
         Code to amend section 35.103 to comport with the direction of the Court of
         Appeal decision.

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

         BUSINESS IMPACT STATEMENT:
         N/A

         RECOMMENDATION:
         CHIEF ADMINISTRATIVE OFFICER
         Adopt Ordinance entitled:

               AN ORDINANCE AMENDING TITLE III, DIVISION 5,
               CHAPTER 1, SECTION 35.103 OF THE COUNTY CODE OF
               REGULATORY ORDINANCES RELATING TO CURFEWS
               FOR MINORS.

         ACTION:
         ON MOTION of Supervisor Jacob, seconded by Supervisor Cox, the Board
         introduced amended Ordinance entitled: AN ORDINANCE AMENDING
         TITLE III, DIVISION 5, CHAPTER 1, SECTION 35.103 OF THE COUNTY
         CODE OF REGULATORY ORDINANCES RELATING TO CURFEWS FOR
         MINORS, read title and waived further reading of ordinance, submitting the
         Ordinance for further Board consideration and adoption on March 23, 2010.

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


 11.     SUBJECT:       ADMINISTRATIVE ITEM:
                        SECOND CONSIDERATION AND ADOPTION OF
                        ORDINANCE:UNIFORM CURFEW HOURS IN THE
                        COUNTY OF SAN DIEGO (FIRST READING:
                        FEBRUARY 23, 2010; SECOND READING MARCH 2,
                        2010) (DISTRICTS: ALL)

         OVERVIEW:
         On February 23, 2010 (9), the Board of Supervisors introduced Ordinance for
         further Board consideration and adoption on March 2, 2010.

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

         BUSINESS IMPACT STATEMENT:
         N/A


3/2/10                                                                                  17
         RECOMMENDATION:
         SUPERVISOR JACOB, SHERIFF GORE, AND DISTRICT ATTORNEY
         DUMANIS
         1. Adopt Ordinance entitled:

                AN ORDINANCE AMENDING TITLE III, DIVISION 5, CHAPTER
                1, SECTION 35.102 OF THE COUNTY CODE OF REGULATORY
                ORDINANCES RELATING TO CURFEWS FOR MINORS.

         2. Direct the Chief Administrative Officer to draft a letter for the Chair’s
            signature urging jurisdiction currently under an 11:00 p.m. curfew to amend
            their local Ordinance to implement the curfew hours in the County
            Ordinance.

         ACTION:
         ON MOTION of Supervisor Jacob, seconded by Supervisor Cox, the Board
         introduced amended Ordinance entitled: AN ORDINANCE AMENDING
         TITLE III, DIVISION 5, CHAPTER 1, SECTION 35.102 OF THE COUNTY
         CODE OF REGULATORY ORDINANCES RELATING TO CURFEWS FOR
         MINORS, read title and waived further reading of ordinance, submitting the
         Ordinance for further Board consideration and adoption on March 23, 2010.

         If adopted on March 23, 2010, direct the Chief Administrative Officer to draft a
         letter for the Chair’s signature urging jurisdiction currently under an 11:00 p.m.
         curfew to amend their local Ordinance to implement the curfew hours in the
         County Ordinance

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

 12.     SUBJECT:       ADMINISTRATIVE ITEM:
                        SECOND CONSIDERATION AND ADOPTION OF
                        ORDINANCE:ORDINANCE ORDERING AN ELECTION
                        FOR PROPOSED CHARTER AMENDMENT AND
                        CONSIDERING A COUNTY ADMINISTRATIVE CODE
                        AMENDMENT RELATING TO PROJECT LABOR
                        AGREEMENTS (2/23/2010 -- Introduce Ordinances;
                        3/2/2010 – Adopt Ordinances) (DISTRICTS: ALL)

         OVERVIEW:
         On February 23, 2010 (11), the Board of Supervisors introduced Ordinance for
         further Board consideration and adoption on March 2, 2010.




3/2/10                                                                                   18
         On February 23, 2010 (11), as an alternative to amending the Charter, your
         Board directed staff to prepare an ordinance that would add a provision to the
         San Diego County Code of Administrative Ordinances (Administrative Code)
         similarly restricting the use of PLAs on County construction projects. An
         ordinance necessary for your Board to prohibit the County from requiring PLAs
         through the Administrative Code has been prepared for consideration by the
         Board.

         FISCAL IMPACT:
         The cost for an entity to place an item on the ballot is determined by the nature
         of the election, the number of sponsors and the complexity of the measures
         included. It is currently estimated that it would cost $100,000 to place the
         proposed Charter amendment on the ballot for the June 8, 2010 statewide
         primary election. No election is required for the proposed amendment to the
         Administrative Code. There are no anticipated costs associated with the
         implementation of either measure.

         BUSINESS IMPACT STATEMENT:
         Unless required by State or federal law, PLAs would be prohibited from being
         made a requirement of the award of County construction contracts. The
         restriction would not prohibit contractors that are awarded County contracts
         from independently negotiating PLAs. The proposed action will not,
         accordingly, prevent any business whether they use PLAs or not from being
         awarded County contracts.

         RECOMMENDATION:
         CHIEF ADMINISTRATIVE OFFICER
         Adopt Ordinance entitled:
               AN ORDINANCE ADDING SECTION 428 TO THE
               ADMINISTRATIVE CODE PROHIBITING THE COUNTY
               FROM REQUIRING PROJECT LABOR AGREEMENTS ON
               COUNTY CONSTRUCTION PROJECTS.

         ACTION:
         ON MOTION of Supervisor Cox, seconded by Supervisor Roberts, the Board
         took action as recommended, on Consent, adopting Ordinance No. 10038 (N.S.)
         entitled:    AN ORDINANCE ADDING SECTION 428 TO THE
         ADMINISTRATIVE CODE PROHIBITING THE COUNTY FROM
         REQUIRING PROJECT LABOR AGREEMENTS ON COUNTY
         CONSTRUCTION PROJECTS.

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




3/2/10                                                                                  19
 13.     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 A-134, “Procedures for Appointment to Resource Conservation
         District Boards of Directors” and Board Policy I–1, “Planning and Sponsor
         Group Policies and Procedures.”

         FISCAL IMPACT:
         N/A

         BUSINESS IMPACT STATEMENT:
         N/A

         RECOMMENDATION:
         VICE-CHAIRMAN HORN
         Appoint Jeff Morse to the CIVIL SERVICE COMMISSION, for a term to
         expire January 2, 2012.

         Waive Board Policy A-74, Citizen Participation in County Boards,
         Commissions and Committees and re-appoint Charles Davis to the I-15
         CORRIDOR DESIGN REVIEW BOARD, for a term to expire April 28, 2011.

         Waive Board Policy A-74, Citizen Participation in County Boards,
         Commissions and Committees and re-appoint Scott Murray to the MISSION
         RESOURCE CONSERVATION DISTRICT, for a term to expire
         November 30, 2012.

         Appoint Jon A. Mehtlan to the TWIN OAKS VALLEY SPONSOR GROUP,
         for a term to expire January 7, 2013.

         SUPERVISOR COX
         Appoint Jose Luis Montes to the ALCOHOL AND DRUG ADVISORY
         BOARD, SAN DIEGO COUNTY, for a term to expire January 7, 2013.

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

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




3/2/10                                                                          20
 14.     SUBJECT:      CLOSED SESSION (DISTRICTS: ALL)

         OVERVIEW:
         A. CONFERENCE WITH LEGAL COUNSEL - EXISTING
            LITIGATION
            (Subdivision (a) of Government Code section 54956.9)
            San Diego Unified School District v. County of San Diego, et al.; San
            Diego County Superior Court No. GIC 840390
         ACTION:
         Any reportable matters will be announced on Wednesday, March 3, 2010, prior
         to the start of the Board of Supervisors Planning and Land Use meeting.


 15.     SUBJECT:        PRESENTATIONS/AWARDS

         OVERVIEW:
         Chairwoman Pam        Slater-Price presented a proclamation declaring
         March 2, 2010,                    day throughout the County of San Diego.

         Supervisor Greg Cox presented a proclamation declaring March 2, 2010,
                        Day throughout the County of San Diego.

         Supervisor Dianne Jacob presented a proclamation declaring March 2, 2010,
                                                         Day throughout the County
         of San Diego.


There being no further business, the Board adjourned at 9:59 a.m. in memory of
Mr. Ernie Auerbach, Deputy Sheriff Ken Collier,                                     Anita
Figueredo, and Jim Evans.


                          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.




3/2/10                                                                                 21

								
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