STATEMENT OF PROCEEDINGS

COUNTY OF SAN DIEGO BOARD OF SUPERVISORS

REGULAR MEETING

TUESDAY, SEPTEMBER 28, 2004, 9:00 AM

Board of Supervisors North Chamber

1600 Pacific Highway, Room 310, San Diego, California

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

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

ABSENT: Greg Cox

Invocation was presented by Pastor Eric Hann of the Bethel Baptist Church.

Pledge of Allegiance led by Maryam Elhabashy, Jennifer Rice, Josh Elum, Andrea Towns, and Jenny Flynn, students of the River Valley Charter School.

9/28/04 1

Category / Agenda No. / Subject
Public Safety / 1. / DISTRICT ATTORNEY STATE SEIZED ASSET FORFEITURE FUND
[FUNDING SOURCE(S): DISTRICT ATTORNEY STATE SEIZED ASSET FORFEITURE FUND BALANCE]
(4 VOTES)
2. / DISTRICT ATTORNEY SEVENTEENTH YEAR SAN DIEGO COUNTY JURISDICTIONS UNIFIED FOR DRUG/GANG ENFORCEMENT (JUDGE) APPLICATION
[FUNDING SOURCE(S): FEDERAL EDWARD BYRNE MEMORIAL STATE AND LOCAL LAW ENFORCEMENT ASSISTANCE FORMULA BLOCK GRANT PROGRAM]
3. / SHERIFF’S DEPARTMENT REQUEST FOR THE PROCUREMENT OF CONSULTANTS FOR ENHANCEMENT OF THE REGIONAL COMMUNICATIONS SYSTEM
Community Services / 4. / ENERGY EFFICIENCY FINANCING AND ELECTRICITY & GAS PROCUREMENT
Financial & General Government / 5. / AB-589 STATE-COUNTY PROPERTY TAX ADMINISTRATION GRANT PROGRAM, THIRD YEAR
6. / REVISED CODE OF CONDUCT AND INCOMPATIBLE ACTIVITIES RULES FOR THE HEALTH AND HUMAN SERVICES AGENCY (HHSA)
7. / LOCAL COMMUNITY PROJECTS
Communications Received / 8. / COMMUNICATIONS RECEIVED
Appointments / 9. / ADMINISTRATIVE ITEM:
APPOINTMENTS
Closed Session / 10. / CLOSED SESSION
Public Safety
/ 11. / STOP IDENTITY THEFT CAMPAIGN RESOLUTION
Financial & General Government / 12. / SUPPORT H.R. 4909 (REP. MARK GREEN R-WI), THE TOOLS FOR COMMUNITY INITIATIVES ACT
13. / ADMINISTRATIVE ITEM:
SECOND CONSIDERATION AND ADOPTION OF ORDINANCE:
AMENDMENTS TO THE COMPENSATION ORDINANCE
Presentations/Awards / 14. / PRESENTATIONS/AWARDS
Public Communication / 15. / PUBLIC COMMUNICATION

9/28/04 13

1. / SUBJECT: / DISTRICT ATTORNEY STATE SEIZED ASSET FORFEITURE FUND (DISTRICT: ALL)
OVERVIEW:
On November 9, 1999 (9) your Board approved the District Attorney’s request to support the Tariq Khamisa Foundation, a non-profit organization devoted to providing violence prevention programs and services in San Diego schools. I am requesting that your Board of Supervisors establish appropriations of $10,000 in the District Attorney’s State Seized Asset Forfeiture Fund to support the Tariq Khamisa Foundation’s Violence Impact Forum to help reduce youth violence throughout San Diego County.
FISCAL IMPACT:
Funds for this request are not included in the District Attorney’s Fiscal Year 2004-05 Adopted Operational Plan. If approved, this request will result in direct costs and revenue of $10,000 in Fiscal Year 2004-05 and will not require the addition of staff years. The funding source for this proposal is District Attorney State Seized Asset Forfeiture Fund Balance.
RECOMMENDATION:
DISTRICT ATTORNEY
1.  Waive Board Policy A-91, Mid-Year Budget Changes.
2.  Establish appropriations of $10,000 in the District Attorney’s State Seized Asset Forfeiture Fund for contributions to other agencies based on available State Seized Asset Forfeiture Fund Balance. (4 Votes)
3.  Authorize the contribution of $10,000 to the Tariq Khamisa Foundation based on available District Attorney State Seized Asset Forfeiture Fund Balance to support the Foundation’s efforts to provide education violence prevention and programs to youth.

ACTION:

ON MOTION of Supervisor Slater-Price, seconded by Supervisor Roberts, the Board of Supervisors took action as recommended, on Consent.
AYES: Jacob, Slater-Price, Roberts, Horn
ABSENT: Cox
2. / SUBJECT: / DISTRICT ATTORNEY SEVENTEENTH YEAR SAN DIEGO COUNTY JURISDICTIONS UNIFIED FOR DRUG/GANG ENFORCEMENT (JUDGE) APPLICATION (DISTRICT: ALL)
OVERVIEW:
This is a request to continue targeting gang members involved in drug use and sales for apprehension and prosecution through the Countywide Jurisdictions Unified for Drug Gang Enforcement (JUDGE) Program. On September 23, 2003 (2), your Board approved submission of the Sixteenth Year San Diego County JUDGE grant application. This request seeks authorization to submit the Seventeenth Year JUDGE grant application to the Governor’s Office of Emergency Services (State OES), and accept grant funds in the amount of $1,737,050 for the period July 1, 2004 to June 30, 2005.
Under the authority of the Federal Anti-Drug Abuse (ADA) Enforcement Program, State OES is authorized to allocate money to counties in the State of California for drug enforcement purposes from the federal Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Block Grant Program. These grant funds must be used according to State OES guidelines for the Anti-Drug Abuse Enforcement Program. State OES’ objective is to support Countywide, multi-agency, comprehensive programs that will significantly impact the drug and violence problem in California. The JUDGE program meets this objective in San Diego County being comprised of the following law enforcement agencies: San Diego County District Attorney, Sheriff, and Probation Departments; California Department of Corrections; San Diego Police Department; National City Police Department; Chula Vista Police Department; Oceanside Police Department; and Escondido Police Department. If approved, the FY 2004-2005 JUDGE grant will provide San Diego County agencies with $1,288,437 in federal funds. JUDGE task force agencies outside the County will receive $448,613.
FISCAL IMPACT:
Grant Funds in the amount of $1,737,050 are available to continue this program for the period July 1, 2004 through June 30, 2005. The funding source is the federal Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Block Grant Program. Federal funds for the JUDGE Program are provided by the United States Department of Justice, Bureau of Justice Assistance and administered by the Governor’s Office of Emergency Services. The grant award amount received by each grantee is determined annually by a state formula that includes crime rate statistics. As a result of lower San Diego County crime rates in 2002, the grant award for FY 04-05 was reduced by $19,728.
The funds for this request are included in the FY 2004-05 CAO Operational Plan. If approved, the County of San Diego will incur an annual cost of $2,726,907 offset by $1,737,050 in revenue. The general purpose revenue cost to the County in FY 04-05 is $989,857, $287,723 less than in FY 03-04 due to a reduction in JUDGE program staffing. The $1,737,050 in revenue will be distributed to; the District Attorney’s Office ($978,436); the Probation Department ($139,863); Sheriff’s Department ($170,138); and six law enforcement agencies ($448,613) whose funding is to be budgeted and disbursed by the District Attorney. The six agencies are the California Dept. of Corrections ($55,240); Chula Vista Police ($99,478); Escondido Police ($52,032); National City Police ($59,888); Oceanside Police ($56,529); and San Diego Police ($125,446) to total $1,737,050 in grant funds.
RECOMMENDATION:
DISTRICT ATTORNEY
  1. Waive Board Policy B-29, Fees, Grants, Revenue Contracts – Department responsibility for cost recovery, which requires full cost recovery for grants.
  2. Adopt the resolution approving the submission and acceptance of the JUDGE grant application in the amount of $1,737,050 for FY 2004-2005 to the Governor’s Office of Emergency Services and authorize execution of the grant documents by the Clerk of the Board, including any extensions or amendments thereof that do not materially impact or alter the grant program or funding level.
  3. Approve expenditure contracts in the amount of $448,613 to allow the District Attorney to transfer funds received from Governor’s Office of Emergency Services for law enforcement services performed under the grant pursuant to the operating agreement: San Diego Police Department ($125,446); National City Police Department ($59,888); Chula Vista Police Department ($99,478); Oceanside Police Department ($56,529); Escondido Police Department ($52,032); and the California Department of Corrections ($55,240).

ACTION:

ON MOTION of Supervisor Slater-Price, seconded by Supervisor Roberts, the Board of Supervisors took action as recommended, on Consent, adopting Resolution No. 04-218 entitled: RESOLUTION AUTHORIZING THE SAN DIEGO COUNTY DISTRICT ATTORNEY TO SUBMIT AN APPLICATION FOR JURISDICTIONS UNIFIED FOR DRUG GANG ENFORCEMENT PROGRAM (J.U.D.G.E.).
AYES: Jacob, Slater-Price, Roberts, Horn
ABSENT: Cox
3. / SUBJECT: / SHERIFF’S DEPARTMENT REQUEST FOR THE PROCUREMENT OF CONSULTANTS FOR ENHANCEMENT OF THE REGIONAL COMMUNICATIONS SYSTEM (DISTRICT: ALL)
OVERVIEW:
On December 9, 2003 (6), at the request of Supervisor Jacob and Supervisor Slater, your Board directed the Chief Administrative Officer to evaluate the performance of the Regional Communications System (RCS) during the Cedar, Paradise and Otay fires, and report back to the Board with recommendations to address gaps in coverage, duration of busy signals, and interaction with other communication systems.
On April 6, 2004 (2) your Board received the Chief Administrative Officer’s recommendations for enhancements to the RCS. On June 28, 2004 your board approved the 2005-06 operational plan which included funds for the RCS enhancements. The Sheriff’s Department is now prepared to start work on these enhancements and has identified a need to hire consultants who are experienced in communications system project management and construction management.
This is a request is to procure project management services from William L. Doolittle & Associates Inc. and construction management services from Peter Ostrander to facilitate the enhancement of the Regional Communications System.
FISCAL IMPACT:
Funds for this request are budgeted. The funding source is General Purpose Revenues included in the Sheriff’s Fiscal Year 2004-05 Operational Plan for upgrades and enhancements to the Regional Communications System. If approved, this request will result in an estimated $190,000 in current year costs and an estimated $140,000 in FY 2005-06 costs and will not require additional staff years.
RECOMMENDATION:
SHERIFF
  1. In accordance with Board Policy A-87, Competitive Procurement, approve and authorize the Purchasing and Contracting Director to enter into negotiations with William L. Doolittle & Associates Inc.; and, subject to successful negotiations and determination of a fair and reasonable price, award a contract for project management services.
  1. In accordance with Board Policy A-87, Competitive Procurement, approve and authorize the Purchasing and Contracting Director to enter into negotiations with Peter Ostrander; and, subject to successful negotiations and determination of a fair and reasonable price, award a contract for construction management services.

ACTION:

ON MOTION of Supervisor Slater-Price, seconded by Supervisor Roberts, the Board of Supervisors took action as recommended, on Consent.
AYES: Jacob, Slater-Price, Roberts, Horn
ABSENT: Cox
4. / SUBJECT: / ENERGY EFFICIENCY FINANCING AND ELECTRICITY & GAS PROCUREMENT (DISTRICT: ALL)
OVERVIEW:
The Board of Supervisors has assumed a leadership role in emphasizing immediate and long-range utility efficiency policies, as well as utility economic relief for County facilities and the region. On October 31, 2000 (1), the Board recommended increasing the generation of power in San Diego County, increasing energy demand management and efficiency efforts in the region, and authorized staff to negotiate and award a contract for the purchase of the County’s electric power supply. In response to the 2001 California energy crisis, Supervisors Bill Horn and Dianne Jacob presented proposals related to solar power production and the California Energy Commission Energy Efficiency Loan program to implement energy conservation and efficiency strategies. These proposals (May 1, 2001 (19) and May 22, 2001 (32), respectively) were unanimously adopted by the Board of Supervisors.
Today’s Board action will authorize an additional energy efficiency loan to continue to finance multiple energy efficiency projects, with the loan repayment being made from energy savings dollars. Today’s action will also authorize pursuit of competitive pricing for the County’s electric and gas procurement.
FISCAL IMPACT:
This proposal will authorize acceptance of an energy efficiency loan up to $5 million from the California Energy Commission to fund multiple energy efficiency projects in County facilities. The debt services payment will come from the utility savings generated in the Countywide Utilities Budget. If approved, this request will result in a debt-services payment lasting no more than 15 years; actual length of repayment will be dependent on the cost savings achieved based on the cost of the electricity.
There will be no additional fiscal impact from the negotiation of a favorable procurement contract for gas and/or electricity. Savings are anticipated from the negotiation of a new procurement contract.
BUSINESS IMPACT STATEMENT:
Expenditures for energy efficiency projects will create private sector jobs and economic opportunities in the County of San Diego.
RECOMMENDATION:
CHIEF ADMINISTRATIVE OFFICER
  1. Adopt the attached resolution to apply for and accept a loan for up to $5 million from the California Energy Commission to implement energy efficiency measures.
  1. Authorize the Director, Department of General Services, to administer the energy efficiency projects and the Energy Efficiency Loan program.
  1. Authorize the Director, Department of Purchasing and Contracting, to issue a Request For Statement of Qualifications to establish a short list of qualified electric and/or gas service providers and to periodically re-solicit for a term not to exceed 10 years.
  1. In accordance with Section 401, Article XXIII of the County Administrative Code, authorize the Director, Department of Purchasing & Contracting, to solicit the list of qualified electric and/or gas service providers and award a contract and amend as required for the purchase of the County’s electric and/or gas supply and to re-solicit and award a contract in the event of a major change in the market for a term not to exceed 10 years.

ACTION:

ON MOTION of Supervisor Jacob, seconded by Supervisor Slater-Price, the Board of Supervisors took action as recommended, adopting Resolution No. 04-219 entitled: RESOLUTION OF THE COUNTY OF SAN DIEGO TO ACCEPT A LOAN OF UP TO $5 MILLION FROM THE CALIFORNIA ENERGY COMMISSION TO IMPLEMENT ENERGY EFFICIENCY MEASURES.
AYES: Jacob, Slater-Price, Roberts, Horn
ABSENT: Cox
5. / SUBJECT: / AB-589 STATE-COUNTY PROPERTY TAX ADMINISTRATION GRANT PROGRAM, THIRD YEAR (DISTRICT: ALL)
OVERVIEW:
In accordance with Revenue and Taxation Code 95.31, the Board of Supervisors adopted a resolution to participate in the State-County Property Tax Administration Grant Program and approved the contract for the first year of the AB-589 program on October 22, 2002 (9). The proposed contract will authorize participation in the third year of the State-County Property Tax Administration Grant Program. The contract will provide $5,413,943 in funding for the 2004/05 Fiscal Year.
FISCAL IMPACT:
Funds from the State-County Property Tax Administration Program totaling $5,413,943 are budgeted in the Assessor/Recorder/County Clerk’s FY 2004-05 Operational Plan. Funding is shared with the Auditor & Controller Property Tax Services, County Counsel and Clerk of the Board for Assessment Appeals. There is no cost to the General Fund associated with this request. This request requires no additional staff.