STATEMENT OF PROCEEDINGS
COUNTY OF SAN DIEGO BOARD OF SUPERVISORS
REGULAR MEETING
TUESDAY, SEPTEMBER 14, 2010
Board Of Supervisors North Chamber
1600 Pacific Highway, Room 310, San Diego, California
REGULAR SESSION – Regular Meeting was called to order at 9:00 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 Reverend Curt Fuller from the University City United Church of Christ.
Pledge of Allegiance was led by Rancho Bernardo High School’s ASB representatives Tania Salehi, Delaney Schenk and Corey Permen.
Approval of Statement of Proceedings/Minutes for Meeting of August 3, 2010.
ACTION:
ON MOTION of Supervisor Horn, seconded by Supervisor Roberts, the Board of Supervisors approved the Statement of Proceedings/Minutes for Meeting of August 3, 2010.
AYES: Cox, Jacob, Slater-Price, Roberts, Horn
30
09/14/10
Category / Agenda No. / SubjectPublic Safety / 1. / OPPOSITION TO PROPOSITION 19 (LEGALIZATION OF MARIJUANA)
2.* / FIRE DEPLOYMENT STUDY – IMPLEMENTATION PLAN
3. / SHERIFF – ACCEPTANCE OF TARGET & BLUE, SAN DIEGO COUNTY LAW ENFORCEMENT FOUNDATION, AND PROJECT SAFE NEIGHBORHOOD GRANT AWARDS
[FUNDING SOURCE(S): UNANTICIPATED GRANT REVENUE FROM TARGET, SDCLEF AND USDOJ BJA THROUGH SANDAG]
(4 VOTES)
4. / PROBATION DEPARTMENT: ACCEPTANCE OF OFFICE OF TRAFFIC SAFETY GRANT FUNDS [FUNDING SOURCE(S): CALIFORNIA OFFICE OF TRAFFIC SAFETY (OTS)]
5. / ADMINISTRATIVE ITEM:
SECOND CONSIDERATION AND ADOPTION OF ORDINANCE: PROBATION - REQUEST TO ADOPT AN ORDINANCE AMENDING SECTION 363 OF THE COUNTY ADMINISTRATIVE CODE, RELATING TO PROBATION DEPARTMENT FEES AND CHARGES (first reading August 3, 2010; second reading September 14, 2010)
Health and Human Services / 6. / COUNTY OF SAN DIEGO HIV PREVENTION COMMUNITY PLANNING BOARD: Amendments to RESOLUTION AND By-Laws
7. / CAR PASSENGER SAFETY CONTRACT EXTENSION
[FUNDING SOURCE(S): CALIFORNIA OFFICE OF TRAFFIC SAFETY]
/ 8. / INFO LINE OF SAN DIEGO COUNTY (2-1-1) CONTRACT EXTENSION
[FUNDING SOURCE(S): COUNTY EXPENSE CLAIM, GENERAL FUND FUND BALANCE, REALIGNMENT FUNDS]
Community Services / 9. / NOTICED PUBLIC HEARING:
FISCAL YEAR 2009-10 PERFORMANCE REPORT FOR DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT ENTITLEMENT PROGRAMS
10. / NOTICED PUBLIC HEARING:
SHERIFF – ACQUISITION OF ASSESSOR’S PARCEL NUMBER 67913009 (WILLIAM KEMP) IN HARMONY GROVE FOR THE REGIONAL COMMUNICATIONS SYSTEM
[FUNDING SOURCE(S): RCS TRUST FUND]
(4 VOTES)
Financial and General Government / 11. / NEIGHBORHOOD REINVESTMENT PROGRAM (DISTRICT: 1)
12. / Allocation of Neighborhood Reinvestment Funds
(DISTRICT: 4)
13. / ISSUANCE OF REFUNDING REVENUE BONDS BY THE CALIFORNIA STATEWIDE COMMUNITIES DEVELOPMENT AUTHORITY FOR SOUTHERN CALIFORNIA EDISON COMPANY IN AN AGGREGATE AMOUNT NOT TO EXCEED $100,000,000
14. / REFUNDING OF THE 2001 MTS TOWER REFUNDING CERTIFICATES OF PARTICIPATION
15. / FISCAL YEAR 2010-11 APPROPRIATION LIMIT FOR THE COUNTY FAMILY OF FUNDS
16. / AMENDMENTS TO THE COMPENSATION ORDINANCE AND ADMINISTRATIVE CODE
(MAJORITY VOTE)
Communications Received / 17. / COMMUNICATIONS RECEIVED
Appointments / 18. / ADMINISTRATIVE ITEM:
APPOINTMENTS
Financial and General Government / 19. / Neighborhood reinvestment grants AND COMMUNITY ENHANCEMENT AMENDMENTS (district: 5)
[FUNDING SOURCE(S): NEIGHBORHOOD REINVESTMENT BUDGET]
20. / KEEPING AN EYE OUT FOR FIRES: PARTNERING WITH THE UNIVERSITY OF CALIFORNIA, SAN DIEGO TO PROVIDE EARLY DETECTION SOLUTIONS
Closed Session / 21. / CLOSED SESSION
Presentations/Awards / 22. / PRESENTATIONS/AWARDS
Public Communication / 23. / PUBLIC COMMUNICATION
30
09/14/10
1. / SUBJECT: / OPPOSITION TO PROPOSITION 19 (LEGALIZATION OF MARIJUANA) (DISTRICTS: ALL)OVERVIEW:
Proposition 19, also known as the Regulate, Control and Tax Cannabis Act of 2010, would legalize various marijuana-related activities, allow local governments to regulate these activities, permit local governments to impose and collect marijuana-related fees and taxes, and authorize various criminal and civil penalties in the State of California.
This poorly-written proposition includes vague language and ill-conceived provisions that would result in a public health and public safety nightmare for California. Far from helping to balance California’s embarrassing budget deficit, Prop. 19 has no provision for state taxation and would worsen the budget by creating entire new bureaucracies to regulate “legal” amounts and keep what would be a widely-available drug from reaching those under 21. In addition, there will be increased police and court costs resulting from increased driving under the influence. We cannot sell out the health and safety of our state for the promise of a quick budget fix that will do more harm than good for California.
According to the Office of National Drug Control Policy, marijuana is associated with many detrimental health effects. These effects can include respiratory illnesses, problems with learning and memory, increased heart rate, and impaired coordination. Long-term abuse of marijuana can lead to addiction and the possible introduction to more severe illicit drugs. The legalization of marijuana would make our communities, schools, and children more susceptible to all of these risks.
Proposition 19 would also present unique and additional burdens on law enforcement. By passing on responsibility to local governments to regulate marijuana use, there is the strong possibility that we will see a patchwork of conflicting local laws and regulations developed with no unified state standards. Perhaps of most concern to law enforcement is that legalization of marijuana would lead to more impaired drivers on our roadways.
While proposition 19 foremost presents a threat to public safety, it would also pose significant problems for both our businesses and schools.
Therefore, with the support of Sheriff Bill Gore and District Attorney Bonnie Dumanis, today’s action will adopt a resolution stating the County of San Diego’s opposition to Proposition 19.
FISCAL IMPACT:
There is no fiscal impact associated with this action.
BUSINESS IMPACT STATEMENT:
N/A
RECOMMENDATION:
SUPERVISOR JACOB, SHERIFF GORE, AND DISTRICT ATTORNEY DUMANIS
Adopt the resolution titled:
A RESOLUTION OF THE SAN DIEGO COUNTY BOARD OF SUPERVISORS OPPOSING CALIFORNIA STATE PROPOSITION 19
ACTION:
ON MOTION of Supervisor Jacob, seconded by Supervisor Cox, the Board took action as recommended, adopting Resolution No. 10-162, entitled: A RESOLUTION OF THE SAN DIEGO BOARD OF SUPERVISORS OPPOSING CALIFORNIA STATE PROPOSITION 19.
AYES: Cox, Jacob, Slater-Price, Roberts, Horn
2. / SUBJECT: / FIRE DEPLOYMENT STUDY – IMPLEMENTATION PLAN (DISTRICTS: ALL)
OVERVIEW:
On April 7, 2009 (8) your Board directed the Chief Administrative Officer to retain an experienced fire planning consultant to develop a deployment study to assess the delivery of fire and emergency medical services in the San Diego County region. Through a competitive bidding process, Citygate Associates, LLC, was selected and the results of their Fire Deployment Study were presented to your Board on May 19, 2010 (1) outlining the status of fire protection and emergency medical services in the San Diego County region. At that hearing your Board directed the Chief Administrative Officer to return to your Board within 120 days with an implementation plan based on the recommendations in the Fire Deployment Study that apply to the County of San Diego and that addresses the possibility of a regional joint powers authority or a memorandum of understanding or a related approach to working together with all entities in the region. On June 29, 2010 (11), as part of Budget Deliberations, your Board approved including $5.0 million in one-time resources in the Fiscal Year 2010-11 budget for fire protection and directed the Chief Administrative Officer to incorporate the $5.0 million into the Fire Deployment Study Implementation Plan. This is a request to approve the Fire Deployment Study Implementation Plan and the proposed uses of the $5.0 million to support fire protection services in the region.
FISCAL IMPACT:
Funds in the amount of $31.4 million are included in the Fiscal Year 2010-11 budget in the Department of Planning and Land Use (DPLU) for the San Diego County Regional Fire Authority (SDCRFA). This transfer will take effect on the date of your Board’s action. If approved, this request will transfer up to $30.6 million to the Public Safety Group Executive Office (PSG). This request will also transfer 13 staff years from DPLU to PSG. In addition, this request will transfer the responsibility for the CSAs and trust funds named above. These CSAs are separate legal agencies and therefore no appropriation transfers are necessary. There will be no change in net General Fund costs and no additional staff years.
BUSINESS IMPACT STATEMENT:
N/A
RECOMMENDATION:
CHIEF ADMINISTRATIVE OFFICER
1. Receive the staff presentation on the implementation plan of the recommendations contained in the Fire Deployment Study report.
2. Approve the Fire Deployment Study Implementation Plan as described in the background section below.
3. Approve the transfer of the San Diego County Regional Fire Authority functions and staff (13 positions and 13.0 staff years) from the Department of Planning and Land Use to the Public Safety Group Executive Office.
4. Designate the Public Safety Group Deputy Chief Administrative Officer (DCAO) as the Fire Warden.
5. Authorize the Fire Warden to execute mutual aid and automatic aid agreements.
6. Appoint the CAL FIRE San Diego Unit Chief as the San Diego County Regional Fire Authority Fire Chief, reporting directly to the DCAO Public Safety Group, with responsibility for the operational control, administration and leadership of the San Diego County Regional Fire Authority.
7. Authorize the San Diego County Regional Fire Authority to begin discussions with CAL FIRE and regional fire protection agencies to form a Joint Powers Authority for various fire protection services in the unincorporated area of the county.
8. Transfer the responsibility for the following County Service Areas (CSAs) and associated Fire Mitigation Funds from the Department of Planning and Land Use to the Public Safety Group Executive Office: Elfin Forest (CSA 107), Mt. Laguna (CSA 109), Mt. Palomar (CSA 110), Boulevard (CSA 111), Campo (CSA 112), San Pasqual (CSA 113), Pepper Drive (CSA 115) and San Diego County Regional Fire Authority (CSA 135).
9. Transfer the responsibility for the following County trust funds from the Department of Planning and Land Use to the Public Safety Group Executive Office: 44684 Indian Gaming SDF-PLU Fire WT, 44685 Indian Gaming SDF-PLU Intermtn, 44686 Indian Gaming SDF-PLU Campo Fe and 44687 Indian Gaming SDF-PLU San Miguel.
10. Approve the proposed uses of the one-time $5.0 million for fire protection as shown in the background section below.
11. Transfer appropriations of up to $30.6 million and related revenue of up to $7.1 million from the Department of Planning and Land Use, salaries and benefits and services and supplies, to the Public Safety Group Executive Office, salaries and benefits and services and supplies, for partial-year operation of the San Diego County Regional Fire Authority.
12. Authorize the San Diego County Regional Fire Authority to pursue grant funding to improve fire protection in the unincorporated area.
ACTION:
ON MOTION of Supervisor Jacob, seconded by Supervisor Slater-Price, the Board took action as recommended.
AYES: Cox, Jacob, Slater-Price, Roberts, Horn
3. / SUBJECT: / SHERIFF – ACCEPTANCE OF TARGET & BLUE, SAN DIEGO COUNTY LAW ENFORCEMENT FOUNDATION, AND PROJECT SAFE NEIGHBORHOOD GRANT AWARDS (DISTRICTS: ALL)
OVERVIEW:
This request is to authorize the acceptance of grant awards for various Sheriff’s Department stations and substations and to establish appropriations. The first grant is a $3,000 award for the Target and BLUE (Target) 2010 Law Enforcement Grant Program. The Poway, San Marcos, and Vista Stations were awarded $1,000 each for the purchase of equipment to be used for crime prevention and community outreach. The second grant is an $8,046 award from the San Diego County Law Enforcement Foundation (SDCLEF) for the purchase of life-saving equipment for the Imperial Beach ($2,434) and Santee ($5,612) stations.
This request is also to authorize the acceptance of grant funds from the San Diego Association of Governments (SANDAG), to establish appropriations, and to authorize related expenditure contracts with the police departments of the cities of El Cajon and La Mesa. SANDAG submitted an application to the U. S. Department of Justice, Bureau of Justice Assistance (USDOJ BJA) and was awarded funds for the Project Safe Neighborhoods (PSN) Gun Violence Reduction Project. The Sheriff’s Department’s portion of the award is $31,938 and will be used for overtime costs associated with multi-jurisdictional gun violence suppression operations.
FISCAL IMPACT:
Funds for this request are not included in the Fiscal Year 2010-11 Adopted Operational Plan for the Sheriff’s Department. If approved, this request will result in Fiscal Year 2010-11 costs and revenue of $42,984. The funding source is unanticipated grant revenue from Target ($3,000), SDCLEF ($8,046) and USDOJ BJA through SANDAG ($31,938). There is no local match requirement for these grants. There will be no change in net general fund costs and no additional staff years.
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, since these grant programs do not recover full cost.
2. Authorize the acceptance of a total of $3,000 in grant funds ($1,000 each to the Sheriff’s Poway, San Marcos, and Vista Stations) from Target for the project period September 1, 2010 through August 31, 2011.
3. Establish appropriations of $3,000 in the Sheriff’s Department for services and supplies for the Poway ($1,000), San Marcos ($1,000), and Vista ($1,000) stations based on unanticipated revenue from Target. (4 VOTES)
4. Authorize the acceptance of a total of $8,046 in grant funds (Imperial Beach Station $2,434; Santee Station $5,612) from the SDCLEF for the project period July 1, 2010 through June 30, 2011.
5. Establish appropriations of $8,046 in the Sheriff’s Department for services and supplies for the Imperial Beach ($2,434) and Santee ($5,612) stations based on unanticipated revenue from the SDCLEF. (4 VOTES)
6. Authorize the acceptance of $31,938 in grant funds awarded to SANDAG and to enter into an agreement with SANDAG for an amount not to exceed $31,938 for the period January 1, 2010 through December 31, 2011.
7. Establish appropriations of $31,938 in the Sheriff’s Department ($27,328 in salaries and benefits for overtime expenses, $4,610 in services and supplies) based on unanticipated revenue from the USDOJ BJA through SANDAG. (4 VOTES)
8. Authorize the Sheriff to execute expenditure contracts for the PSN Gun Violence Suppression grant to reimburse overtime expenses, not to exceed $4,610, collectively incurred by participating local law enforcement agencies (El Cajon and La Mesa Police Departments) performing grant activities during the project period beginning January 1, 2010 through December 31, 2011.