COUNTY OF SAN DIEGO BOARD OF SUPERVISORS€¦ · Web viewPledge of Allegiance was led by Trevor...

STATEMENT OF PROCEEDINGSCOUNTY OF SAN DIEGO BOARD OF SUPERVISORS

REGULAR MEETINGTUESDAY, JULY 18, 2006, 9:00 AMBoard of Supervisors North Chamber

1600 Pacific Highway, Room 310, San Diego, California

MORNING SESSION – Meeting was called to order at 9:00 a.m.

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

Invocation was led by Pastor Ralph Wood of Calvary Chapel Oceanside.

Pledge of Allegiance was led by Trevor Berry and Augie Williams from Grossmont High School’s Varsity Baseball Team.

Approval of Statement of Proceedings/Minutes for the Meetings of June 8, 2006; June 13, 2006; and June 20, 2006.

ACTION:ON MOTION of Supervisor Cox, seconded by Supervisor Slater-Price, the Board of Supervisors approved the Statement of Proceedings/Minutes for the Meetings of June 8, 2006; June 13, 2006; and June 20, 2006.

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

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Category Agenda No. Subject

Public Safety 1. AMENDMENTS TO COUNTY REGULATORY CODE CHAPTER 15 (SOCIAL HOST ORDINANCE)

2. SHERIFF’S DEPARTMENT REQUEST FOR PROPOSAL FOR INMATE TELEPHONES IN DETENTION FACILITIES

3. SHERIFF’S DEPARTMENT RENEWAL OF CONTRACT WITH GROSSMONT UNION HIGH SCHOOL DISTRICT FOR EDUCATIONAL SERVICES IN DETENTION FACILITIES [FUNDING SOURCE(S): SHERIFF’S DEPARTMENT INMATE WELFARE FUND]

4. SHERIFF’S SUBMISSION OF STATE OFF-HIGHWAY VEHICLE GRANT APPLICATIONS FOR FISCAL YEARS 2006-07 AND 2007-08

5. SHERIFF’S DEPARTMENT ACCEPTANCE OF DONATION FROM RINCON BAND OF LUISEÑO INDIANS [FUNDING SOURCE(S): DONATION FROM THE RINCON BAND OF LUISEÑO INDIANS](4 VOTES)

Health & Human Services

6. SAN DIEGO HIV PREVENTION COMMUNITY PLANNING BOARD – MEMBER APPOINTMENTS

7. PROCUREMENT OF IMMUNIZATION PROGRAM CONTRACTED SERVICES [FUNDING SOURCE(S): STATE DEPARTMENT OF HEALTH SERVICES IMMUNIZATION BRANCH]

Community Services 8. NOTICED PUBLIC HEARING:CONSIDER RESPONSES TO REQUEST FOR PROPOSALS TO DEVELOP THE COUNTY OPERATIONS CENTER ANNEX/COUNTY OPERATIONS CENTER AND EXTENSION OF CONSULTANT CONTRACT [FUNDING SOURCE(S): FISCAL YEAR 05-06 GENERAL FUND FUND BALANCE]

9. HEALTH AND HUMAN SERVICES AGENCY – MAXIMUS, INC., SUBLEASE AT 690 OXFORD STREET, CHULA VISTA[FUNDING SOURCE(S): MAXIMUS, INC.]

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Category Agenda No. Subject

Financial & General Government

10. MOVING BEYOND REVERSE 9-1-1 TO THE NEXT GENERATION OF COMMUNITY NOTIFICATION TECHONOLGY

11. NOTICED PUBLIC HEARING:ISSUANCE OF TAX-EXEMPT OBLIGATIONS BY THE ASSOCIATION OF BAY AREA GOVERNMENTS FINANCE AUTHORITY FOR NON-PROFIT CORPORATIONS ON BEHALF OF THE POINT LOMA NAZARENE UNIVERSITY

12. CLARIFICATION REGARDING APPROVED OPERATIONAL PLAN [FUNDING SOURCE(S): CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATION]

13. NOTICED PUBLIC HEARING:APPROVAL OF THE FINANCING DOCUMENTS FOR THE BENEFIT OF THE SAN DIEGO FOUNDATION

14. AMENDMENT TO THE COMPENSATION ORDINANCE

15. RESPONSE TO 2005-2006 GRAND JURY REPORTS

Communications Received

16. COMMUNICATIONS RECEIVED

Financial & General Government

17. ALLOCATION OF COMMUNITY PROJECTS FUNDS

Appointments 18. ADMINISTRATIVE ITEM:APPOINTMENTS

Closed Session 19. CLOSED SESSION

Presentations/Awards 20. PRESENTATIONS/AWARDS

Public Communication 21. PUBLIC COMMUNICATION

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1. SUBJECT: AMENDMENTS TO COUNTY REGULATORY CODE CHAPTER 15 (SOCIAL HOST ORDINANCE) (DISTRICT: ALL)

OVERVIEW:On June 17, 2003 (5), your Board unanimously approved the County’s Social Host Ordinance as sponsored by Supervisors Jacob and Cox. This ordinance imposes civil and criminal liability on adults owning or controlling private residences or premises who fail to properly supervise minors and prevent them from obtaining, possessing, or consuming alcoholic beverages. On June 13, 2006 (1), on the recommendation of Supervisors Jacob and Cox, your Board voted to strengthen this ordinance and directed the Chief Administrative Officer to amend the Social Host Ordinance and return within 45 days with the amendments.

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

RECOMMENDATION:CHIEF ADMINISTRATIVE OFFICER1. Approve introduction of Ordinance (first reading). Read title and waive further

reading:

AN ORDINANCE AMENDING SECTIONS OF THE SAN DIEGO COUNTY REGULATORY CODE RELATING TO THE SOCIAL HOST ORDINANCE CONCERNING CONSUMPTION OF ALCHOHOLIC BEVERAGES BY MINORS

2. Submit the Ordinance for further Board consideration and adoption (second reading) on July 25, 2006.

ACTION:ON MOTION of Supervisor Jacob, seconded by Supervisor Slater-Price, the Board took action as recommended, on Consent, introducing Ordinance for further Board consideration and adoption on July 25, 2006.


2. SUBJECT: SHERIFF’S DEPARTMENT REQUEST FOR PROPOSAL FOR INMATE TELEPHONES IN DETENTION FACILITIES (DISTRICT: ALL)

OVERVIEW:The Sheriff's Department requests authority to issue a Request For Proposal (RFP) for inmate telephone services for the Sheriff and Probation Departments’ Detention Facilities. The current telephone services contract first option year will expire on January 31, 2007. If approved, this action will allow the Sheriff to explore improved

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telephone technology services and negotiate telephone services from provider(s) who will provide the best value to the inmates and the County.

FISCAL IMPACT:There will be no appropriations or expenditures as a result of this action. The selected provider(s) will be paid for its services via charges assessed to the parties receiving the calls from the inmates. Currently the County Inmate Welfare Fund receives a negotiated annual fee from the provider. Current fiscal year projected telephone revenue is $3,744,616, which is divided between the Sheriff ($3,555,806) and the Probation Department ($188,810). Any potential change in this revenue as a result of the RFP cannot be determined at this time. No additional staff years are required as a result of this request.

RECOMMENDATION:SHERIFFIn accordance with Section 401 et seq, of the County Administrative Code, authorize the Director of Purchasing and Contracting, to issue a Competitive Solicitation, to acquire inmate telephone services for the Sheriff and Probation Departments’ Detention Facilities, and upon successful negotiation and determination of a fair and reasonable price, award a contract for a term of three years, with two option years and up to an additional six months if needed, and to amend the contracts as needed to reflect changes to services and funding, subject to approval of the Sheriff.

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


3. SUBJECT: SHERIFF’S DEPARTMENT RENEWAL OF CONTRACT WITH GROSSMONT UNION HIGH SCHOOL DISTRICT FOR EDUCATIONAL SERVICES IN DETENTION FACILITIES (DISTRICT: ALL)

OVERVIEW:The Sheriff’s Department provides quality educational services to inmates as mandated by California Code of Regulations Titles 15 and 24. It is the Department’s goal to offer as many opportunities as possible through educational, corrective and self-help programs, with the aim of inducing self-improvement. Since 1991, the Grossmont Union High School District (GUHSD) has offered a wide variety of educational programs to inmates in custody at seven detention facilities throughout San Diego County. The current contract expires on July 31, 2006.

This is a request to grant an exemption from competitive procurement pursuant to Board Policy A-87 and execute a contract renewal with GUHSD to provide quality continuous educational services to inmates in the Sheriff’s detention facilities.

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FISCAL IMPACT:Funds for this request are included in the Fiscal Year 2006-08 CAO Proposed Operational Plan. If approved, this request will result in an estimated annual cost of $1,069,211 in FY 2006-07 and $1,122,672 for FY 2007-08. The estimated total cost will be $5,908,066 for five years. The funding source for this agreement is the Sheriff’s Department Inmate Welfare Fund. This request will not require any additional staff years and no net cost to the County General Fund.

RECOMMENDATION:SHERIFFIn accordance with Board Policy A-87, Competitive Procurement, approve and authorize the Director, Department of Purchasing and Contracting to enter into negotiations with the Grossmont Union High School District; and subject to successful negotiations and determination of a fair and reasonable price, award a contract for inmate educational services for five years through June 30, 2011 and an additional six months if needed, and to amend the contracts as needed to reflect changes to services and funding, subject to approval of the Sheriff. Waive the advertising requirement of Board Policy A-87.



4. SUBJECT: SHERIFF’S SUBMISSION OF STATE OFF-HIGHWAY VEHICLE GRANT APPLICATIONS FOR FISCAL YEARS 2006-07 AND 2007-08 (DISTRICT: ALL)

OVERVIEW:This is a request to authorize the submission of and adopt a resolution approving three State Department of Parks and Recreation Off-Highway Vehicle grant applications by the Sheriff’s Department. The grant proposals request State funding for the Reserve Off-Road Enforcement Team (ORET). The 25% “in-kind” local match will be met and exceeded by the dollar value of time volunteered by the Sheriff’s Reserve Deputies.

FISCAL IMPACT:There will be no fiscal impact as a result of the requested action. Should the grant applications be approved for funding by the State, the County could be awarded up to $346,000. At such time, additional actions by your Board may be requested at a later date to receive and appropriate the grant funds. If approved, the requested action will result in no current year costs or revenue, no annual costs or revenue, and will require the addition of zero staff years.

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RECOMMENDATION:SHERIFF1. Adopt a resolution entitled “RESOLUTION OF THE COUNTY OF SAN

DIEGO BOARD OF SUPERVISORS APPROVING THE APPLICATIONS FOR STATE OFF-HIGHWAY VEHICLE RECREATION GRANTS AND COOPERATIVE AGREEMENTS PROGRAM,” authorizing the Sheriff to submit applications for equipment, equipment repair and overtime costs (in the amounts of $240,000, $16,000 and $90,000 respectively) to the State Department of Parks and Recreation, Off-Highway Vehicle Division.

2. Authorize the Sheriff to conduct all negotiations and execute and submit all required documents, including but not limited to: applications, agreements, and amendments which may be necessary for the completion of the State Off-Highway Vehicle Grant.

3. Authorize the Sheriff’s Department to apply for and accept funding for Off-Highway Vehicle Grants that may be offered during Fiscal Years 2006-07 and 2007-08.

ACTION:ON MOTION of Supervisor Jacob, seconded by Supervisor Slater-Price, the Board took action as recommended, on Consent, adopting Resolution No. 06-115, entitled: RESOLUTION OF THE COUNTY OF SAN DIEGO BOARD OF SUPERVISORS APPROVING THE APPLICATIONS FOR STATE OFF-HIGHWAY VEHICLE RECREATION GRANTS AND COOPERATIVE AGREEMENTS PROGRAM.


5. SUBJECT: SHERIFF’S DEPARTMENT ACCEPTANCE OF DONATION FROM RINCON BAND OF LUISEÑO INDIANS (DISTRICT: ALL)

OVERVIEW:Administrative Code Section 66 and Board of Supervisors Policy A-112, Acceptance of Gifts and Donations, permits the acceptance of gifts by the administrative head of each department in the County, subject to ratification by the Board of Supervisors. This is a request to ratify the acceptance of a $100,000 donation from the Rincon Band of Luiseño Indians. The donation will be used to purchase specialized equipment and supplies for deputies at the Valley Center/Pauma Sheriff’s Substation.

FISCAL IMPACT:Funds for this request are not budgeted in the Fiscal Year 2006-07 Operational Plan. The funding source for the specialized equipment and supplies is a donation from the Rincon Band of Luiseño Indians which has been placed in the Sheriff’s Trust Fund. If approved, this request will result in $100,000 current year cost and revenue. This request will require the addition of zero staff years.

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RECOMMENDATION:SHERIFF1. Ratify the acceptance of a $100,000 donation from the Rincon Band of Luiseño

Indians.

2. Establish appropriations of $100,000 in the Sheriff’s Department for specialized equipment and supplies based on unanticipated revenue from the Rincon Band of Luiseño Indians.

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

4. Authorize the Chairperson to sign a letter of thanks on behalf of the Board of Supervisors.



6. SUBJECT: SAN DIEGO HIV PREVENTION COMMUNITY PLANNING BOARD – MEMBER APPOINTMENTS (DISTRICT: ALL)

OVERVIEW:The Board of Supervisors adopted a Resolution on May 9, 1995 (1) establishing the HIV Prevention Community Planning Board. This planning board is a requirement to ensure that the County of San Diego may receive HIV education and prevention funds from the State Office of AIDS, which is part of the California Department of Health Services.

Today’s action recommends appointments and reappointments to fill vacancies on the HIV Prevention Community Planning Board.

FISCAL IMPACT:N/A

RECOMMENDATION:CHIEF ADMINISTRATIVE OFFICER1. Make the following new appointments to the HIV Prevention Community Planning

Board, for terms to begin July 1, 2006 and to expire June 30, 2009:

Kim HerbstrittRose OchoaWayne RafusCarl Wolter

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Stephanie YoungFrancisco Marroquin

2. Make the following reappointments to the HIV Prevention Community Planning Board, for a second, three-year term to begin July 1, 2006 and to expire June 30, 2009:

Benjamin IgnalinoPatricia McCree

ACTION:ON MOTION of Supervisor Jacob, seconded by Supervisor Slater-Price, the Board withdrew the item, on Consent, at the request of the Chief Administrative Officer.


7. SUBJECT: PROCUREMENT OF IMMUNIZATION PROGRAM CONTRACTED SERVICES (DISTRICT: ALL)

OVERVIEW:The County of San Diego’s Immunization Services Program has long been recognized throughout the State and nation for its successful community-wide efforts targeting infants, toddlers and the growing senior population. The provision and tracking of vaccinations to prevent disease are key public health strategies that rely on collaborative efforts from the County’s community health partners.

On February 12, 2002 (2), the Board authorized a competitive procurement of the Immunization Services Program resulting in a contract with the University of California San Diego (UCSD). Contracting with UCSD has been extremely successful: immunization coverage has increased; and more than $2,900,000 has been leveraged in additional State and federal funds for use in the County’s immunization efforts. The Board also authorized the Department of Purchasing and Contracting to negotiate a contract with Software Partners, LLC for design, development, maintenance and user support for a web-based immunization registry known as the San Diego Regional Immunization Registry (SDIR). Software Partners’ proprietary system is currently used by the County’s health care provider partners at 300 sites throughout the community.

Today’s action requests Board authority for the Director of Purchasing and Contracting to enter into negotiations with UCSD and Software Partners, LLC, to extend existing contracts for one year with four option years, and up to an additional six months if needed. Extension of these contracts, which are currently scheduled to expire June 30, 2007, will ensure the continuing success of the County’s immunization efforts in concert with community health partners.

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FISCAL IMPACT:Funds for this request are included in the FY 2006-08 Operational Plans for the Health and Human Services Agency. If approved, this request will result in FY 2006-07 cost and revenue of $2,750,000 ($2,500,000 for UCSD and $250,000 for SDIR) and cost and revenue of $2,892,851 in FY 2007-08 and in each subsequent year. The funding source is the State Department of Health Services Immunization Branch with $2,500,000 for FY 06-07 and $2,642,851 for FY 07-08 and Health Realignment of $250,000 for each fiscal year. There will be no change in net General Fund cost and no additional staff years.

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

authorize the Director, Department of Purchasing and Contracting to enter into negotiations with the University of California San Diego (UCSD) and subject to negotiations and a determination of a fair and reasonable price, extend the existing contract (#45950) for the San Diego Immunization Partnership (SDIP) program management and operational support services for one (1) year, effective July 1, 2007 with four (4) option years and up to an additional six (6) months if needed through December 31, 2012, and to amend the contract as needed to reflect changes to services and funding, subject to approval of the Director of the Health and Human Services Agency.

2. In accordance with Board Policy A-87, Competitive Procurement, approve and authorize the Director, Purchasing and Contracting to enter into negotiations with Software Partners, LLC and subject to successful negotiations and determination of a fair and reasonable price, extend existing contract for on-going development, maintenance and user support effective July 1, 2007 for one year with four (4) option years and up to an additional six (6) months if needed through December 31, 2012, and to amend the contract as needed to reflect changes to services and funding, subject to approval of the Director of the Health and Human Services Agency.



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8. SUBJECT: NOTICED PUBLIC HEARING:TO CONSIDER RESPONSES TO REQUEST FOR PROPOSALS TO DEVELOP THE COUNTY OPERATIONS CENTER ANNEX/COUNTY OPERATIONS CENTER AND EXTENSION OF CONSULTANT CONTRACT (DISTRICT: 4)

OVERVIEW:On October 25, 2005 (6), the Board of Supervisors authorized the issuance of a Request for Proposals that would allow the County to consider a variety of options for development of the County Operations Center Annex and the County Operations Center properties. The Board of Supervisors set July 18, 2006 as the time to receive the recommendation of the Selection Committee for the proposal deemed best to meet the County’s requirements. Today’s request is to continue the selection review of the proposals and to return to your Board at the September 26, 2006 Board meeting.

It is also requested that your Board authorize the Director of Purchasing and Contracting to extend the sole source consulting services contract with Keyser Marston & Associates through June 30, 2007 and authorize additional funding in the amount of $75,000 for consulting services through September 26, 2006. Keyser Marston & Associates specializes in the negotiation and preparation of government agency development agreements and is assisting County staff in the review of the development proposals and providing advisory expertise to the Selection Committee.

FISCAL IMPACT:Funds for this request are included in the Fiscal Year 06-07 Operational Plan. If approved this recommendation will result in a one-time cost of $75,000. The funding source is Fiscal Year 05-06 General Fund fund balance. There are no ongoing costs and no increase in staffing.

RECOMMENDATION:CHIEF ADMINISTRATIVE OFFICER1. Set a public hearing on September 26, 2006 to receive proposals at the regularly

scheduled meeting of the Board of Supervisors, at which time an Exclusive Negotiation Agreement will be submitted for execution.

2. In accordance with Board Policy A-87, Competitive Procurement, authorize the Director, Department of Purchasing and Contracting to amend contract No. 511240 with Keyser Marston & Associates to extend the contract term through June 30, 2007 with an additional six-month extension option and to increase the funding allocation by $75,000, subject to the approval of the Director, Department of General Services. Waive the advertising requirement of Board Policy A-87.

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ACTION:ON MOTION of Supervisor Jacob, seconded by Supervisor Slater-Price, the Board took action as recommended, on Consent, setting Hearing for September 26, 2006 at 9:00 a.m.


9. SUBJECT: HEALTH AND HUMAN SERVICES AGENCY – MAXIMUS, INC., SUBLEASE AT 690 OXFORD STREET, CHULA VISTA (DISTRICT: 1)

OVERVIEW:The Health and Human Services Agency contracts with Maximus, Inc. for CalWORKS case management services. CalWORKS provides funding for a full range of Welfare-to-Work programs for Health and Human Services Agency clients. Maximus, Inc. provides these programs at the Agency’s southern regional office in a County-leased property at 690 Oxford Street, Chula Vista. Today's request is for Board approval of a sublease agreement with Maximus, Inc. that will allow their continued long-term occupancy at this location. This is a four-year, four-month sublease with rights of early termination available to both parties. The sublease also includes two, five-year options to extend the term.

FISCAL IMPACT:Funding for this request is included in the Health and Human Services Agency Fiscal Year 2006-08 Operational Plan. The funding source is Maximus, Inc., as an offset against Agency facility lease costs for 690 Oxford Street, Chula Vista. If approved, this request will result in FY 2006-07 cost and revenue of $288,900, FY2007-08 cost and revenue of $296,124, and FY 2008-09 cost and revenue of $303,528. There will be no change in Net General Fund Cost and no additional staff years.

RECOMMENDATION:CHIEF ADMINISTRATIVE OFFICER1. Find, in accordance with Section 15301 of the California Environmental Quality

Act (CEQA) Guidelines, that the proposed lease 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 sublease agreement with Maximus, Inc.



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10. SUBJECT: MOVING BEYOND REVERSE 9-1-1 TO THE NEXT GENERATION OF COMMUNITY NOTIFICATION TECHONOLGY (DISTRICT: ALL)

OVERVIEW:The County of San Diego’s current Reverse 9-1-1 system has the capability of making 264 calls per minute or 15,840 calls per hour. Newer technology, called a mass notification service, can send 12,400 30-second voice messages a minute or 744,000 an hour.

The 2003 firestorms reminded us of how important it is to pass accurate information from emergency managers to residents as quickly as possible. More recently we have all heard the warnings about how quickly outbreaks of Bird Flu or other pandemic flus could spread throughout the nation. Be it evacuation notices, focused measures to increase social distance, a chemical spill, sex offender alerts, or a missing child, getting the word out in minutes rather than hours could mean the difference between someone living or dying.

FISCAL IMPACT:There are no fiscal impacts associated with today’s action.

RECOMMENDATION:VICE-CHAIRMAN ROBERTS AND SUPERVISOR COX

1. Direct the Chief Administrative Officer (CAO) to explore the feasibility of replacing our current Reverse 9-1-1 system with a mass notification service that is capable of delivering thousands instead of hundreds of messages a minute.

2. Direct the CAO to explore funding options for such a system including the possibility of partnering with cities, fire districts, and water districts and using homeland security funding to create an overall better value for all participants.

3. Direct the CAO to report back to the Board of Supervisors in 120 days with recommendations on the implementation and funding of such a system.



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11. SUBJECT: NOTICED PUBLIC HEARING:THE ISSUANCE OF TAX-EXEMPT OBLIGATIONS BY THE ASSOCIATION OF BAY AREA GOVERNMENTS FINANCE AUTHORITY FOR NON-PROFIT CORPORATIONS ON BEHALF OF THE POINT LOMA NAZARENE UNIVERSITY (DISTRICT: ALL)

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

The University has, through an application process, applied with ABAG to issue tax-exempt auction rate securities a variable rate instrument in an amount not to exceed $36,000,000 (the “Bonds”). The only role of the County of San Diego in this project is to approve the financing solely for purposes of satisfying the public approval requirement of Section 147(f) of the Internal Revenue Code of 1986 since the project is located within the jurisdiction of the County Board of Supervisors. The approval of the issuance and sale of the Bonds by the County is neither an approval of the underlying credit issues of the proposed project nor an approval of the financial structure of the Bonds. Similar approvals have been given to other conduits financed by ABAG.

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

RECOMMENDATION:CHIEF ADMINISTRATIVE OFFICER AND DEBT ADVISORY COMMITTEE1. Pursuant to Section 147(f) of the Internal Revenue Code, hold a public hearing

regarding the financing of the project.

2. Adopt the resolution approving ABAG’s issuance of tax-exempt obligations in an amount not to exceed $36,000,000 of tax-exempt auction rate securities for the benefit of the Point Loma Nazarene University.

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ACTION:ON MOTION of Supervisor Jacob, seconded by Supervisor Slater-Price, the Board closed the Hearing and took action as recommended, on Consent, adopting Resolution No. 06-116, entitled: RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF SAN DIEGO AUTHORIZING AND APPROVING A FINANCING TO BE UNDERTAKEN BY THE ABAG FINANCE AUTHORITY FOR NONPROFIT CORPORTATIONS FOR THE BENEFIT OF POINT LOMA NAZARENE UNIVERSITY AN AGGREGATE AMOUNT NOT TO EXCEED $37,500,000 REFINANCING CERTAIN FACILITIES AND OTHER MATTERS RELATING THERETO.


12. SUBJECT: CLARIFICATION REGARDING APPROVED OPERATIONAL PLAN (DISTRICT: ALL)

OVERVIEW:On June 20, 2006 (16) the Board held deliberations on the CAO’s Proposed Operational Plan for Fiscal Years 2006-07 and 2007-08 and took action to approve it as amended by the CAO’s Change Letter and by the addition of temporary funding for Jess Martin Park, which had been a referral to budget. There were two other items that were referred to budget, and based on the Board’s previous discussions regarding them, they are being brought back to the Board for clarification. These items are: the Implementation of the San Diego County SB 618 Reentry Program Multi-Agency Plan (6-13-06, #2) and the Probation Department - Office of Traffic Safety Grant (6-13-06, #6).

FISCAL IMPACT:The funding for these recommendations was not included in the CAO’s Proposed Operational Plan or Change Letter. If approved, a total of $1,748,204 for Fiscal Year 2006-07 and $3,053,883 for Fiscal Year 2007-08 will be added to the Operational Plan that was approved by the Board on June 20, 2006. The funding sources are the California Department of Corrections and Rehabilitation ($1,294,528 in Fiscal Year 2006-07 and $2,614,077 in Fiscal Year 2007-08) and the California Office of Traffic Safety ($453,676 in Fiscal Year 2006-07 and $439,806 in Fiscal Year 2007-08). In addition, staff years in the Probation Department will be increased by 8.50 for Fiscal Year 2006-07 and by 9.00 for Fiscal Year 2007-08.

RECOMMENDATION:CHIEF ADMINISTRATIVE OFFICER1. Authorize the inclusion in the Approved Operational Plan for the Probation

Department of an additional $864,872 and 3.50 staff years for Fiscal Year 2006-07 and an additional $2,064,778 and 4.00 staff years for Fiscal Year 2007-08 for the San Diego County SB 618 Reentry Program Multi-Agency Plan based on revenue from the California Department of Corrections and Rehabilitation.

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2. Authorize the inclusion in the Approved Operational Plan for the Sheriff’s Department of an additional $429,656 for Fiscal Year 2006-07 and an additional $549,299 for Fiscal Year 2007-08 for the SB 618 Reentry Program Multi-Agency Plan based on revenue from the California Department of Corrections and Rehabilitation.

3. Authorize the inclusion in the Approved Operational Plan for the Probation Department of an additional $453,676 and 5.00 staff years for Fiscal Year 2006-07 and an additional $439,806 and 5.00 staff years for Fiscal Year 2007-08 for the California Probation Felony and Repeat Driving Under the Influence Offender Program based on revenue from the California Office of Traffic Safety.



13. SUBJECT: NOTICED PUBLIC HEARING:APPROVAL OF THE FINANCING DOCUMENTS FOR THE BENEFIT OF THE SAN DIEGO FOUNDATION (DISTRICT: ALL)

OVERVIEW:The 907 Building, LLC, a California limited liability company (the “Corporation”) of which the sole member is The San Diego Foundation, a nonprofit, public benefit corporation (the “Foundation”), has submitted an application to the County for consideration as the conduit issuer of approximately $13.5 million of certificates of participation (the “COPs”). The COPs will be issued in variable rate mode with a portion as tax-exempt (Series A) and the balance as taxable (Series B) COPs. The proceeds of the COPs will be used for the acquisition, construction, improvement and equipping of that certain real property located at 2508 Historic Decatur Road (Building 907) in San Diego.

The actions being requested today include the approval of the financing for the purposes of satisfying the public approval required under Section 147(f) of the Internal Revenue Code and approval of the resolution to issue certificates of participation. The repayment of these bonds is the sole responsibility of the Corporation and all legal documents have been carefully reviewed for inclusion of indemnity and hold harmless provision for the County of San Diego. The County has been a conduit issuer for other qualified entities such as the San Diego Natural History Museum, the Salk Institute, and the Museum of Contemporary Art.

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FISCAL IMPACT:If approved, this proposal will result in a one-time application fee of $1,500, a closing fee of $6,750 and an ongoing annual fee of approximately $2,700. The ongoing annual amount is calculated based upon the principal amount outstanding. These monies will be deposited into the County’s Investor Relation Program as approved by the Board of Supervisors in the County’s Long-Term Financial Obligation Management Policy (B-65). No additional staff years will be required.

RECOMMENDATION:CHIEF ADMINISTRATIVE OFFICER AND DEBT ADVISORY COMMITTEE1. Pursuant to section 147(f) of the Internal Revenue Code, hold a public hearing

regarding the financing of the project.

2. Adopt the resolution approving the issuance of up to $13.5 million of certificates of participation by the County of San Diego for the 907 Building LLC, for the benefit of The San Diego Foundation.

ACTION:ON MOTION of Supervisor Jacob, seconded by Supervisor Slater-Price, the Board closed the Hearing and took action as recommended, on Consent., adopting Resolution No. 06-117, entitled: RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF SAN DIEGO AUTHORIZING THE ISSUANCE, EXECUTION AND DELIVERY OF A TRUST AGREEMENT, AN INSTALLMENT SALE AGREEMENT, AN INSTALLMENT PURCHASE AGREEMENT WITH A PRICE NOT TO EXCEED $13,500,000 (AND THE EXECUTION, DELIVERY, AND SALE OF CERTIFICATES OF PARTICIPATION WITH RESPECT THERETO) AND A CERTIFICATE PURCHASE AGREEMENT TO FINANCE AND REFINANCE THE CONSTRUCTION, ACQUISITION, FURNISHING AND EQUIPPING OF CERTAIN FACILITIES OF BUILDING 907, LLC AND OTHER MATTERS RELATING THERETO.


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14. SUBJECT: AMENDMENT TO THE COMPENSATION ORDINANCE (DISTRICT: ALL)

OVERVIEW:The proposed amendments to the San Diego County Compensation Ordinance increases the salary ranges for the Unclassified/Executive Management classifications and in classifications designated NA, NE, NM, and NS in Compensation Ordinance Section 3.6.17, Charter Authorized Staff to Elected Officials. This action also amends the compensation for non-represented classifications that includes: 000904, Student Worker High School, 000905, Student Worker Undergraduate, 000906, Student Worker Grad/Tech, and 002910, Graduate Law Clerk. These salary increase percentages are identical to those negotiated with the largest employee associations: 3.5% (F.Y. 06-07), 3.0% (F.Y. 07-08) and 3.5% (F.Y. 08-09) each year for these classes.

FISCAL IMPACT:The implementation of this salary adjustment will have no negative effect on the funding status of the County Employee Retirement System (CERS). Funds for this recommendation are included in the Fiscal Year 2006-08 Operational Plan.

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

AN ORDINANCE AMENDING THE COMPENSATION ORDINANCE AND ESTABLISHING COMPENSATION.

Submit ordinances for further Board consideration and adoption (second reading) on August 1, 2006.

ACTION:ON MOTION of Supervisor Jacob, seconded by Supervisor Slater-Price, the Board took action as recommended, on Consent, introducing Ordinance for further Board consideration and adoption on August 1, 2006.


15. SUBJECT: RESPONSE TO 2005-2006 GRAND JURY REPORTS (DISTRICT: ALL)

OVERVIEW:Between May 16 and June 1, 2006, the 2005-2006 San Diego County Grand Jury released four reports that examine the operation of various County programs and departments. According to the California Penal Code, the Board of Supervisors must respond to all Grand Jury report recommendations that are addressed to the County within 90 days of a report’s release.

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This a request for your Board to review draft responses prepared by the Chief Administrative Officer that respond to the findings and recommendations contained in these four reports and to authorize the Chief Administrative Officer to transmit your Board’s responses to the Grand Jury, via the Superior Court Presiding Judge. The draft responses address the following four reports, the titles of which are:

“Conditions and Management of Detention Facilities in San Diego County” “Felony Warrants – The Unsolved Problem” “Office of the Public Administrator/Public Guardian” “A Visit to Polinsky Children’s Center”

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

RECOMMENDATION(S):CHIEF ADMINISTRATIVE OFFICERApprove the proposed responses and authorize the Chief Administrative Officer to transmit the responses to the Grand Jury via the Superior Court Presiding Judge.



16. 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:Not Applicable.

RECOMMENDATION:CHIEF ADMINISTRATIVE OFFICER:Note and file.

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

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

FISCAL IMPACT:The total combined cost of the proposed recommendations is $186,500. Appropriations are available in the Community Projects Budget unit (0264). This action will result in the addition of no staff years and no future costs.

RECOMMENDATION:VICE CHAIRMAN ROBERTS

1. Find that the allocations to the Union of Pan Asian Communities and the Mabuhay Alliance are exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines section 15301.

2. Allocate $25,000 from the Community Projects budget unit (0264) to the Union of Pan Asian Communities for carpeting, seismic strengthening, and lobby renovations at their headquarters at 1031 25th Street, San Diego.

3. Allocate $15,000 from the Community Projects budget unit (0264) to the Mabuhay Alliance to purchase a copy machine, network printer, fax machine, phone system, and renovate their classroom at 9630 Black Mountain Road, Suite G, San Diego.

4. Allocate $25,000 from the Community Projects budget unit (0264) to the North Park Community Association for design and construction drawings for the North Park Theater Promenade.

5. Allocate $10,000 from the Community Projects budget unit (0264) to the Downtown Partnership to purchase a trash truck.

6. Rescind the September 20, 2005 allocation of $55,000 from Community Projects budget unit (0264) to the Mission Valley YMCA.

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7. Allocate $7,500 from the Community Projects budget unit (0264) to AVID for training and tutorial materials.

8. Allocate $4,000 from the Community Projects budget unit (0264) to the Mission Hills Main Street Foundation for costs associated with a summer concert series to be held at Pioneer Park on Friday evenings from July 7, 2006 through August 11, 2006.

9. Allocate $100,000 from the Community Projects budget unit (0264) to San Diego World Trade Center for program needs.

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

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



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

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

FISCAL IMPACT:Not Applicable.

RECOMMENDATION:CHAIRMAN HORNAppoint Demacio G. Garcia to the Valley Center Cemetery District, Seat No. 3, for a term to expire January 4, 2010.

Appoint James B. Oenning to the I-15 Corridor Design Review Board, Seat No. 5, for a term to expire July 15, 2008.

Appoint Lawrence E. Pearce to the I-15 Corridor Design Review Board, Seat No. 2, for a term to expire July 15, 2008.

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19. SUBJECT: CLOSED SESSION (DISTRICT: ALL)

OVERVIEW:

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

B. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION(Subdivision (a) of Government Code section 54956.9)County of San Diego v. National Quarries; Superior Court No. GIN 052066 National Quarries v. County of San Diego; Superior Court No. GIN 052383 National Quarries v. County of San Diego; Superior Court No. GIN 052843

C. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant exposure to litigation pursuant to subdivision (b) of Government Code section 54956.9: (Number of Potential Cases – 1)

D. CONFERENCE WITH REAL PROPERTY NEGOTIATORS(Government Code section 54956.8) Property: County-owned property in Santee – portion of APN 38105058 and further identified as County Parcel No. 2005-004-A

Negotiating Parties:

County Negotiators: John McTighe and John Kross

Other Parties: The Ryan Companies US, Inc.

Under Negotiation: Price and Terms

E. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION(Subdivision (a) of Government Code section 54956.9) County of San Diego v. Walter E. Wallace, et al.; San Diego Superior Court No. GIN 041748-1

ACTION:Any reportable matters will be announced on Wednesday, July 19, 2006, prior to the Board of Supervisors Planning and Land Use meeting


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20. SUBJECT: PRESENTATION AND AWARDS

OVERVIEW:Vice Chairman Roberts presented a proclamation declaring today Jessie Knight Day throughout the County of San Diego.

Supervisor Cox presented a proclamation declaring today Dave Gillespie Day throughout the County of San Diego.

Supervisor Jacob presented a proclamation declaring today Grossmont High School Varsity Baseball Team Day throughout the County of San Diego.

Supervisor Slater-Price presented a proclamation declaring today Starlight Theatre 60th

Anniversary Day throughout the County of San Diego.

Chairman Horn recognized various County Departments for receiving the National Association of Counties (NACO) awards.

21. SUBJECT: PUBLIC COMMUNICATION

OVERVIEW:The following individuals spoke to the Board concerning the County’s voting machines: Jess Durfee; Jeeni Criscenzo; Judy Hess; Miriam Raftery; Jim Hamilton; Marcia Patt; Nancy McCleary; James Wade; Eleanor Robbins; and Brina rae Schuchman.

Ken Sobel spoke to the Board expressing appreciation to Supervisor Jacob for her support to the Grossmont High School Athletic Booster Club.

ACTION:Heard, referred to the Chief Administrative Officer.

There being no further business, the Board adjourned at 11:35 a.m. in memory of Peter Peckhan; Billie Jean Monger; Hardy Kuykendall; Wendell Cutting; Dr. David H. Sutherland; Elizabeth Anne Croatt Van Boxtel; and Terry Hildebrand.

THOMAS J. PASTUSZKAClerk of the Board of Supervisors

County of San Diego, State of CaliforniaConsent: FranciaDiscussion: Hall

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

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