STATEMENT OF PROCEEDINGS

COUNTY OF SAN DIEGO BOARD OF SUPERVISORS

REGULAR MEETING

TUESDAY, MARCH 23, 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 9:04 a.m.

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

Invocation led by pastor Mark Hoffman of the Foothills Christian Fellowship in El Cajon.

Pledge of Allegiance led by Ralph Burger, League Information Officer and Past President of the Lakeside American Little League.

Public Communication: [No Speakers]

3/23/04 1

Category / Agenda No. / Subject
Land Use & Environment / 1. / COUNTY OF SAN DIEGO REPRESENTATION ON THE SAN DIEGO ASSOCIATION OF GOVERNMENTS (SANDAG) BOARD OF DIRECTORS
Health & Human Services / 2. / WORK ADVANCEMENT AND SUPPORT CENTER (WASC)
3. / U. S. DEPARTMENT OF EDUCATION, FUND FOR THE IMPROVEMENT OF EDUCATION GRANT FOR SAN PASQUAL ACADEMY
4. / HEALTH AND HUMAN SERVICES AGENCY BOARD OF SUPERVISORS POLICIES SUNSET REVIEW PROCESS
Public Safety / 5. / DISTRICT ATTORNEY – VERTICAL PROSECUTION GRANT FUNDING (OFFICE OF EMERGENCY SERVICES)
6. / FIRE MITIGATION FEE REVIEW COMMITTEE ANNUAL REPORT AND INCREASE IN FIRE MITIGATION FEE
7. / PUBLIC SAFETY GROUP SECOND QUARTER BUDGET ADJUSTMENTS
(4 VOTES)
Financial & General Government / 8. / LOCAL COMMUNITY PROJECTS
Communications Received / 9. / COMMUNICATIONS RECEIVED
Appointments / 10. / ADMINISTRATIVE ITEM:
APPOINTMENTS
Closed Session / 11. / CLOSED SESSION
Financial & General Government / 12. / ALLOCATION OF COMMUNITY PROJECTS FUNDS
13. / ACCEPTANCE OF DONATIONS FOR THE SAN PASQUAL ACADEMY
Public Safety / 14. / SHERIFF’S DEPARTMENT REQUEST FOR SOLE SOURCE AND REQUEST FOR PROPOSAL FOR FOOD AND FOOD PREPARATION SUPPLIES
[FUNDING SOURCE(S): SHERIFF’S FISCAL YEAR 2003-04 BUDGET AND THE 2004-05 OPERATIONAL PLAN]
Finance & General Government / 15. / ADMINISTRATIVE ITEM:
SECOND CONSIDERATION AND ADOPTION OF ORDINANCE: AMENDMENTS TO THE COMPENSATION ORDINANCE
Presentations/Awards / 16 / PRESENTATIONS/AWARDS

3/23/04 16

1. / SUBJECT: / COUNTY OF SAN DIEGO REPRESENTATION ON THE SAN DIEGO ASSOCIATION OF GOVERNMENTS (SANDAG) BOARD OF DIRECTORS (DISTRICT: ALL)
OVERVIEW:
This action (1) authorizes the Chairwoman of the Board to request an additional seat on the San Diego Association of Governments (SANDAG) Board of Directors for a San Diego County Supervisor representing the unincorporated residents of San Diego County and (2) with the concurrence in this proposal by SANDAG, directs the Chief Administrative Officer add this request to the legislative agenda for the County of San Diego.
An amendment to State legislation is necessary in order to make this change. Under the provisions of SB 1703 (Peace) the County of San Diego has one voting member on the Board of Directors.
FISCAL IMPACT:
N/A
RECOMMENDATION:
CHAIRWOMAN JACOB AND SUPERVISOR HORN:
  1. Direct the Chief Administrative Officer to draft a letter to the San Diego Association of Governments (SANDAG) for the Chairwoman’s signature requesting SANDAG work with the County to add an additional seat for a San Diego County Supervisor representing the unincorporated area on the SANDAG Board.
  1. Direct the Chief Administrative Officer to include the addition of a voting member seat on the SANDAG Board of Directors for a Supervisor representing the unincorporated area in the legislative agenda for the County of San Diego and to work with SANDAG to secure enactment of the amendment.

ACTION:

Adding Recommendation 3 as follows:
Organize the appointment of the two Board of Supervisors members to the SANDAG Board of Directors to include the Chair of the Board of Supervisors and a Supervisor serving as a second member. The Chair of the Board of Supervisors will be the Board’s primary representative to SANDAG.
If the Chair of the Board of Supervisors represents a Supervisorial district that is a substantially unincorporated district (currently Districts 2 & 5), the second SANDAG member shall be selected from those Supervisors representing substantially incorporated districts (currently Districts 1, 3 & 4).
If the Chair of the Board of Supervisors represents a Supervisorial district that is a substantially incorporated district (currently Districts 1, 3 & 4), the second SANDAG member shall be selected from those Supervisors representing substantially unincorporated districts (currently Districts 2 & 5).
The agency vote at the SANDAG Board of Directors will remain with the Chair of the Board of Supervisors. The weighted vote shall be divided equally between the two members serving on the SANDAG Board of Directors. The agency vote and the full weighted vote will transfer to the sole member present, if the other member is absent during the SANDAG vote;
ON MOTION of Supervisor Slater-Price, seconded by Supervisor Horn, the Board of Supervisors took action as recommended, on Consent.
AYES: Cox, Jacob, Slater-Price, Roberts, Horn
2. / SUBJECT: / WORK ADVANCEMENT AND SUPPORT CENTER (WASC) (DISTRICT: 1)
OVERVIEW:
Approval of these recommendations will authorize the County of San Diego Health and Human Services Agency to partner with the Workforce Partnership, MDRC, various foundations, and state and federal agencies to collaborate on job retention and work advancement skills for low-income workers.
FISCAL IMPACT:
There are no current fiscal impacts associated with these recommendations.
RECOMMENDATION:
SUPERVISOR COX AND SUPERVISOR ROBERTS:
  1. Direct the CAO to allow Health and Human Services Agency staff to participate in the demonstration project, and to work with MDRC, the One Stop Shop, and state and federal agencies on pilot activities, including the identification and implementation of simplified application/reapplication and verification procedures for “work supports.”
  2. Direct the Chief Administrative Officer to outstation Health and Human Services Agency staff and co-locate them with One-Stop Shop staffs that are providing the job retention/advancement services.
  3. Direct the CAO to use other Health and Human Services Agency staff as needed, including management staff, to manage and oversee the county’s participation in demonstration project activities in order to ensure project success.

ACTION:

ON MOTION of Supervisor Slater-Price, seconded by Supervisor Horn, the Board of Supervisors took action as recommended, on Consent.
AYES: Cox, Jacob, Slater-Price, Roberts, Horn
3. / SUBJECT: / U. S. DEPARTMENT OF EDUCATION, FUND FOR THE IMPROVEMENT OF EDUCATION GRANT FOR SAN PASQUAL ACADEMY (DISTRICT: ALL)
OVERVIEW:
With unanimous support from all Board members, the San Pasqual Academy opened in October 2001 as a residential education campus for adolescent foster youth. The vision of San Pasqual Academy is to ensure that graduates are better equipped to pursue a higher education, a chosen career path, and to face the challenges of adult living.
The Academy’s goal of providing a state-of-the-art educational facility has guided the transformation of a defunct industrial arts building into a technology and career information center. Opportunities provided by this facility will ensure Academy students are on equal footing with their peers in the community by having full access to technology resources that will provide enhanced educational resources in the classroom, and provide training in high-tech occupations.
Today’s recommendation authorizes continued development of the Qualcomm Technology and Career Information center with grant funding.
FISCAL IMPACT:
Funds for this request are not included in the FY 03-04 Operational Plan. If approved, this request will result in FY 03-04 costs and revenue of $223,538 and $124,263 in costs and revenues in FY 04-05. There is no change to net General Fund costs and no new staff years.
RECOMMENDATION:
SUPERVISOR COX AND SUPERVISOR ROBERTS:
  1. Acknowledge the award of $223,538 in Federal Year 03-04, and $124,263 in Federal Year 04-05 via U. S. Department of Education, Fund for the Improvement of Education Grant, to San Pasqual Academy for information technology infrastructure.
  1. Acknowledge the anticipated award of unspecified amounts in subsequent years via U.S. Department of Education, Fund for the Improvement of Education Grant, to San Pasqual Academy for information technology structure and infrastructure.
  1. In accordance with Board Policy A-87, Competitive Procurement, authorize the Director, Department of Purchasing and Contracting to enter into negotiations with New Alternatives, Inc., and subject to successful negotiations and determination of a fair and reasonable price, amend Contract No. 45216 to incorporate U. S. Department of Education, Fund for the Improvement of Education Grant-funded projects. Waive the advertising requirement of Board Policy A-87.

ACTION:

ON MOTION of Supervisor Slater-Price, seconded by Supervisor Horn, the Board of Supervisors took action as recommended, on Consent.
AYES: Cox, Jacob, Slater-Price, Roberts, Horn
4. / SUBJECT: / HEALTH AND HUMAN SERVICES AGENCY BOARD OF SUPERVISORS POLICIES SUNSET REVIEW PROCESS (DISTRICT: ALL)
OVERVIEW:
In accordance with Board of Supervisors Policy A-76, Sunset Review, the Health and Human Services Agency periodically reviews certain Board policies to ensure that obsolete policies are deleted and remaining policies reflect current standards and practices. Staff reviewed Board of Supervisors Policies: K-9, Emergency Medical Services-Ambulance Services and K-12, Emergency Medical System Management. Based on this Sunset Review process, Board of Supervisors’ approval is requested for amendments to strengthen and clarify these two Board policies.
FISCAL IMPACT:
There is no fiscal impact as a result of this recommendation.
RECOMMENDATION:
CHIEF ADMINISTRATIVE OFFICER
Accept and approve amended Board of Supervisors policies K-9, Emergency Medical Services-Ambulance Services and K-12, Emergency Medical System Management.

ACTION:

ON MOTION of Supervisor Slater-Price, seconded by Supervisor Horn, the Board of Supervisors took action as recommended, on Consent.
AYES: Cox, Jacob, Slater-Price, Roberts, Horn
5. / SUBJECT: / DISTRICT ATTORNEY – VERTICAL PROSECUTION GRANT FUNDING (OFFICE OF EMERGENCY SERVICES) (DISTRICT: ALL)
OVERVIEW:
This is a request to ratify the submission of the Vertical Prosecution Program grant to the Governor’s Office of Emergency Services (OES) in the amount of $367,440 for the period July 1, 2003 through June 30, 2004. The Fiscal Year 2003-04 State Budget Act reduced vertical prosecution funding by 50 percent and consolidated the funding into a block grant. There is no local match required for the Vertical Prosecution Program.
FISCAL IMPACT:
Funds for this request are included in the District Attorney’s Fiscal Year 2003-04 Proposed Operational Plan. The funding for these programs was transferred from the Governor’s Office of Criminal Justice Planning (OCJP) to the Governor’s Office of Emergency Services (OES) on January 1, 2004. If approved, this request will result in direct costs and revenue of $367,440, will not require the addition of staff years, and there is no required local match. The Fiscal Year 2003-04 State Budget Act consolidated funding for the Career Criminal, Major Narcotic Vendor and Statutory Rape Vertical Prosecution Programs into one Vertical Prosecution block grant and reduced funding by 50 percent. The Public Safety Group has approved the one time use of unanticipated revenue from the Southwest Border Prosecution Initiative in the amount of $337,600 to support this level of service to the community for the remainder of the 2003-04 Fiscal Year only. The loss of this supporting State Revenue will be addressed in the development of the Fiscal Year 2004-05 Operational Plan.
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 ratifying the submission of the Vertical Prosecution Program grant application in the amount of $367,440 for the period July 1, 2003 through June 30, 2004 and authorize the execution of the attached grant documents by the Clerk of the Board, including any extensions or amendments thereof that do not materially impact or alter either the grant program or funding level.

ACTION:

ON MOTION of Supervisor Slater-Price, seconded by Supervisor Horn, the Board of Supervisors took action as recommended, on Consent, adopting Resolution No. 04-25 entitled: RESOLUTION RATIFYING THE SUBMISSION BY THE SAN DIEGO COUNTY DISTRICT ATTORNEY OF AN APPLICATION FOR A VERTICAL PROSECUTION PROGRAM GRANT AND AUTHORIZING EXECUTION OF GRANT DOCUMENTS.
AYES: Cox, Jacob, Slater-Price, Roberts, Horn
6. / SUBJECT: / FIRE MITIGATION FEE REVIEW COMMITTEE ANNUAL REPORT AND INCREASE IN FIRE MITIGATION FEE (DISTRICT: 1, 2, 3, & 5)
OVERVIEW:
On September 24, 1986 (4-8), the Board of Supervisors established the Fire Mitigation Fee Review Committee. This Committee is charged with annually evaluating the Fire Mitigation Fee Program and ensuring agency compliance with the Fire Mitigation Fee Ordinance. The Review Committee has completed its annual review on fee use during Fiscal Year 2002-2003, and presents its findings and recommendations to the Board of Supervisors.
FISCAL IMPACT:
This request will have no fiscal impact and will require no additional staff years.
BUSINESS IMPACT STATEMENT:
The impact to the construction industry is minimal. For example, the additional cost for a 2,000 square foot single-family house would be $20.00.
RECOMMENDATION:
CHIEF ADMINISTRATIVE OFFICER:
1.  Approve the Report to the Board of Supervisors from the Fire Mitigation Fee Review Committee for Fiscal Year 2002-03.
2.  Find that the Fiscal Year 2002-03 Fire Mitigation Fee Annual Reports for the twenty-six participating fire agencies are in conformance with the County Fire Mitigation Fee Ordinance.
3.  Find that the ordinance amendment is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines section 15273 and adopt the findings in Attachment A pursuant to CEQA Guidelines section 15273(c).
4.  Direct the Office of Emergency Services to work with the Fire District’s Association and the Fire Mitigation Fee Review Committee to conduct a Comprehensive Review of the Fire Mitigation Fee Structure and return to the Board this same time next year with findings and recommendations.
5.  Approve the introduction of the Ordinance, (first reading), read title and waive further reading of the Ordinance:
AN ORDINANCE AMENDING SECTION 810.309 OF THE SAN DIEGO COUNTY CODE OF REGULATORY ORDINANCES RELATING TO FIRE MITIGATION FEES
Submit the Ordinance for further Board consideration and adoption (second reading) on April 6, 2004.

ACTION:

ON MOTION of Supervisor Slater-Price, seconded by Supervisor Horn, the Board of Supervisors continued this item to the meeting of April 6, 2004, on Consent.
AYES: Cox, Jacob, Slater-Price, Roberts, Horn
7. / SUBJECT: / PUBLIC SAFETY GROUP SECOND QUARTER BUDGET ADJUSTMENTS (DISTRICT: ALL)
OVERVIEW:
The Public Safety Group requests the Board of Supervisor’s approval of technical and other adjustments to the operational plan in order to continue efficient operations through the end of the fiscal year.