STATEMENT OF PROCEEDINGS

COUNTY OF SAN DIEGO BOARD OF SUPERVISORS

REGULAR MEETING

TUESDAY, APRIL 07, 2009

Board Of Supervisors North Chamber

1600 Pacific Highway, Room 310, San Diego, California

MORNING SESSION: – Meeting was called to order at 9:05 a.m.

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

Invocation was led by Pastor Randy Yenter, from Trinity Presbyterian Church in Spring Valley.

Pledge of Allegiance was led by Mercedes Weiss Miss Mountain Empire Pre-Teen Princess.

Approval of Statement of Proceedings/Minutes for Meeting of March 24, 2009.

ACTION:

ON MOTION of Supervisor Horn, seconded by Supervisor Slater-Price, the Board of Supervisors approved the Statement of Proceedings/Minutes for Meeting of March 24, 2009.

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

4/7/09 1

Category / Agenda No. / Subject
Public Safety / 1. / SHERIFF – FBI FINGERPRINT CLEARANCE RESOLUTION
2. / SHERIFF - REQUEST FOR APPROVAL OF OUT OF COUNTRY TRAVEL
3. / SHERIFF: REQUEST TO AUTHORIZE TRANSFER OF APPROPRIATIONS OF GRANT FUNDS FROM THE 2006 FORENSIC CASEWORK DNA BACKLOG REDUCTION PROGRAM
[FUNDING SOURCE(S): U.S. DEPARTMENT OF JUSTICE, OFFICE OF JUSTICE PROGRAMS]
4. / SHERIFF - REQUEST FOR AUTHORIZATION TO ISSUE A PROPOSAL FOR PROCUREMENT OF AN AUTOMATED FINGERPRINT IDENTIFICATION SYSTEM
[FUNDING SOURCE(S): REVENUE FROM THE SHERIFF’S FINGERPRINT ID TRUST FUND]
5. / PROBATION - Ratification of Justice and Mental Health Collaboration Grant Application
[FUNDING SOURCE(S): FEDERAL BUREAU OF JUSTICE ASSISTANCE]
Community Services / 6. / SET HEARING FOR 5/5/09:
SHERIFF – APPROVE SITE PURCHASE AND ADOPT MITIGATED NEGATIVE DECLARATION FOR A NEW SHERIFF’S STATION IN RANCHO SAN DIEGO (SKYLINE WESLEYAN CHURCH, INC.) (SET HEARING 4/7/09; HOLD HEARING 5/5/09)
[FUNDING SOURCE(S): PROPOSITION 172 REVENUE AND THE GENERAL FUND]
(4 VOTES)
7. / SUNSET REVIEW OF BOARD POLICIES AND CORRESPONDING COUNTY ADMINISTRATIVE CODE ARTICLES AND AMENDMENTS TO BOARD POLICIES ASSIGNED TO THE COMMUNITY SERVICES GROUP (BOARD POLICIES AND FIRST READING OF ORDINANCE – 04/07/09; SECOND READING OF ORDINANCE – 4/21/09)
Financial and General Government / 8. / Initiating a Deployment Study to assess the delivery of Fire and Emergency Medical Services in San Diego County
[FUNDING SOURCE(S): COUNTY GENERAL FUND BALANCE]
(4 VOTES)
9. / CONTINUING TO MOW DOWN POLLUTION
[FUNDING SOURCE(S): PENALTIES RECEIVED FOR VIOLATIONS OF AIR QUALITY LAWS]
10. / Allocation of Community Projects Funds (District: 5)
(4 VOTES)
11. / LOCAL COMMUNITY PROJECTS
(DISTRICT: 1)
(4 VOTES)
12. / NOTICED PUBLIC HEARING:
CONFLICT OF INTEREST CODES: VARIOUS DEPARTMENTS AND AGENCIES
[FUNDING SOURCE(S): FISCAL YEAR 2008-2009 ADOPTED BUDGET]
13. / ADOPTION OF FINDINGS IN SUPPORT OF CONTRACT FOR EXPERT ASSISTANCE RELATING TO PENDING TRANSFER OF COURT FACILITIES TO STATE OF CALIFORNIA
14. / CARLSBAD UNIFIED SCHOOL DISTRICT 2006 ELECTION GENERAL OBLIGATION BONDS, 2009 SERIES B
15. / SAN DIEGO COMMUNITY COLLEGE DISTRICT GENERAL OBLIGATION BONDS, ELECTION OF 2002, SERIES 2009
16. / SAN DIEGO UNIFIED SCHOOL DISTRICT 2009 GENERAL OBLIGATION BONDS (ELECTION OF 2008)
17. / EMPLOYER AND EMPLOYEE RETIREMENT SYSTEM CONTRIBUTION RATES FOR FISCAL YEAR 2009-10
[FUNDING SOURCE(S): COMBINATION OF PROGRAM SPECIFIC AND GENERAL PURPOSE REVENUES]
Communications Received / 18. / COMMUNICATIONS RECEIVED
Financial and General Government / 19. / ADMINISTRATIVE ITEM:
SECOND CONSIDERATION AND ADOPTION OF ORDINANCE: AMENDMENT TO THE COMPENSATION ORDINANCE
20. / ADMINISTRATIVE ITEM:
SECOND CONSIDERATION AND ADOPTION OF ORDINANCE: AMENDMENTS TO THE COMPENSATION ORDINANCE RELATING TO TENTATIVE AGREEMENTS PENDING RATIFICATION FOR TWENTY TWO EMPLOYEE BARGAINING UNITS REPRESENTED BY SERVICE EMPLOYEES INTERNATIONAL UNION, LOCAL 221, CLC, DEPUTY DISTRICT ATTORNEYS ASSOCIATION, PUBLIC DEFENDERS ASSOCIATION OF SAN DIEGO COUNTY, SAN DIEGO COUNTY COUNSELS ASSOCIATION, SUPERVISING PROBATION OFFICERS ASSOCIATION AND DISTRICT ATTORNEY INVESTIGATORS ASSOCIATION
[FUNDING SOURCE(S): COMBINATION OF PROGRAM REVENUES AND GENERAL PURPOSE REVENUES]
Appointments / 21. / ADMINISTRATIVE ITEM:
APPOINTMENTS
Closed Session / 22. / CLOSED SESSION
Presentations/Awards / 23. / Presentations/awards
Public Communication / 24. / PUBLIC COMMUNICATION

4/7/09 4

1. / SUBJECT: / SHERIFF – FBI FINGERPRINT CLEARANCE RESOLUTION (DISTRICTS: ALL)
OVERVIEW:
On February 10, 2009 (1), your Board adopted a resolution for the Sheriff’s Department to obtain FBI fingerprint clearance on license applicants for police regulated activities listed in the County Code of Regulatory Ordinances under the Uniform Licensing Procedure §21.101. Subsequent to the Board action, on February 17, 2009, the Sheriff’s Department was notified that the FBI changed the requirements to require specific language listing the individual license applicants on the resolution. The previously approved resolution was therefore rejected by the FBI and Department of Justice (DOJ) until specific applicants are listed.
This is a request to adopt a new resolution, consistent with the recent changes imposed by the FBI.
FISCAL IMPACT:
There is no fiscal impact as the result of this request. Existing application fees will increase to $51 from $32. Fees collected will be forwarded to the California Department of Justice along with the fingerprint application and will not be retained by the County.
BUSINESS IMPACT STATEMENT:
N/A
RECOMMENDATION:
SHERIFF
Adopt a resolution entitled, SAN DIEGO COUNTY SHERIFF’S LICENSE & CRIMINAL REGISTRATION DIVISION CII/FBI APPLICANT FINGERPRINT RESOLUTION.
ACTION:
ON MOTION of Supervisor Roberts, seconded by Supervisor Horn, the Board took action as recommended, on Consent, adopting Resolution No. 09-050, entitled: SAN DIEGO COUNTY SHERIFF’S LICENSE & CRIMINAL REGISTRATION DIVISION CII/FBI APPLICANT FINGERPRINT RESOLUTION.
AYES: Cox, Jacob, Slater-Price, Roberts, Horn
2. / SUBJECT: / SHERIFF - REQUEST FOR APPROVAL OF OUT OF COUNTRY TRAVEL (DISTRICTS: ALL)
OVERVIEW:
In accordance with Board of Supervisors Policy D-7, Out-of-County Business and Related Guidelines and Processes, this is a request for one Sheriff’s Sergeant and one Deputy Sheriff, assigned to the San Diego Regional Fugitive Task Force, to attend the 11th Annual International Fugitive Investigators Conference in Toronto, Ontario, Canada to be held from May 4 to May 8, 2009.
FISCAL IMPACT:
Funds for this request are included in the Sheriff’s Fiscal Year 2008-10 Adopted Operational Plan. All travel and accommodations costs associated with this travel will be covered by the U.S. Marshal. The Sheriff’s Sergeant and Deputy Sheriff will receive regular salary and benefits and no overtime will be incurred as a result of this trip.
BUSINESS IMPACT STATEMENT:
N/A
RECOMMENDATION:
SHERIFF
1.  Approve travel to Toronto, Ontario, Canada for one Sheriff’s Sergeant and one Deputy Sheriff to attend the 11th Annual International Fugitive Investigators Conference to be held from May 4 to May 8, 2009.
2.  Accept the gift from the United States Marshals Service for payment for all travel related expenses for one Sheriff’s Sergeant and one Deputy Sheriff to attend the 11th Annual International Fugitive Investigators Conference.
3.  Authorize the Chief Administrative Officer, in consultation with the Sheriff, to select the Sheriff’s Sergeant and the Deputy Sheriff to attend the 11th Annual International Fugitive Investigators Conference in Toronto, Ontario, Canada.
ACTION:
ON MOTION of Supervisor Roberts, seconded by Supervisor Horn, the Board took action as recommended, on Consent.
AYES: Cox, Jacob, Slater-Price, Roberts, Horn
3. / SUBJECT: / SHERIFF: REQUEST TO AUTHORIZE TRANSFER OF APPROPRIATIONS OF GRANT FUNDS FROM THE 2006 FORENSIC CASEWORK DNA BACKLOG REDUCTION PROGRAM (DISTRICTS: ALL)
OVERVIEW:
This is a request to authorize a transfer of appropriations of $85,547 in grant funds from the 2006 Forensic Casework DNA Backlog Reduction Program (Reduction Program). The original goal of the Reduction Program has been achieved, and the remaining $85,547 will be used to complete the remodel project principally funded by the 2008 Reduction Program.
FISCAL IMPACT:
Funds for this request are budgeted in the Fiscal Year 2008-10 Operational Plan. The funding source is the U. S. Department of Justice, Office of Justice Programs. If approved, this request will not result in increased costs or revenue. This action will transfer appropriations of $85,547 from Salaries and Benefits to Services and Supplies and will require the addition of zero staff years. There is no local match for these funds.
BUSINESS IMPACT STATEMENT:
N/A
RECOMMENDATION:
SHERIFF
Transfer appropriations of $85,547 within the Sheriff’s Department, from salaries and benefits to services and supplies, to be used for a major maintenance project.
ACTION:
ON MOTION of Supervisor Roberts, seconded by Supervisor Horn, the Board took action as recommended, on Consent.
AYES: Cox, Jacob, Slater-Price, Roberts, Horn
4. / SUBJECT: / SHERIFF - REQUEST FOR AUTHORIZATION TO ISSUE A PROPOSAL FOR PROCUREMENT OF AN AUTOMATED FINGERPRINT IDENTIFICATION SYSTEM (DISTRICTS: ALL)
OVERVIEW:
The Automated Fingerprint Identification System (AFIS) is a computerized network that stores and processes fingerprint and palm print images in a searchable database. This system performs two main functions for law enforcement. First, it verifies the identity of arrested individuals by matching their prints against the database and second, it is used to assist in criminal investigations by matching latent prints found at crime scenes to the database. The current system has reached the end of its ten-year life and needs to be replaced.
The San Diego County Cal-ID/Remote Access Network (RAN) Board is a regional policy and advisory board responsible for making recommendations on the distribution of funds devoted to the support of the County’s fingerprint identification system. On February 9, 2009, the RAN Board authorized the procurement of a new AFIS with funding from the Sheriff’s Fingerprint ID Trust Fund. This is a request for authorization to issue a competitive solicitation for the procurement of a new Automated Fingerprint Identification System.
FISCAL IMPACT:
Funds for this request will be included in the Fiscal Year 2009-11 CAO Proposed Operational Plan. It is anticipated that the AFIS contract will be awarded in July of 2009. The funding source is revenue from the Sheriff’s Fingerprint ID Trust Fund. If approved, this request will result in estimated costs and revenue of $2,000,000 in Fiscal Year 2009-10 and $2,000,000 in Fiscal Year 2010-11 for a total of up to $4,000,000. This request will not require any additional staff years. Future maintenance costs will also be covered through the Fingerprint ID Trust Fund.
BUSINESS IMPACT STATEMENT:
N/A
RECOMMENDATION:
SHERIFF
In accordance with Section 401 et seq. of the County Administrative Code, authorize the Director, Department of Purchasing and Contracting to issue a competitive solicitation for an Automated Fingerprint Identification System, and upon successful negotiations and determination of a fair and reasonable price, award a contract for a term of five years, with five one-year options and up to an additional six months if needed, and to amend the contract as needed to reflect changes to services and funding, subject to approval of the Sheriff.
ACTION:
ON MOTION of Supervisor Roberts, seconded by Supervisor Horn, the Board took action as recommended, on Consent.
AYES: Cox, Jacob, Slater-Price, Roberts, Horn
5. / SUBJECT: / PROBATION - Ratification of Justice and Mental Health Collaboration Grant Application (DISTRICTS: ALL)
OVERVIEW:
This is a request to ratify the application for Justice and Mental Health Collaboration Program, Bureau of Justice Assistance grant funds in the amount of $250,000 for a period of three years (October 1, 2009 through September 30, 2012). If approved, this program will support local governments in an effort to increase public safety through innovative cross-system collaboration for individuals with mental illness who come into contact with the criminal or juvenile justice systems
FISCAL IMPACT:
Funds for this request are not included in the Fiscal Year 2008-10 Adopted Operational Plan. If this request is approved and funds are awarded, this request will result in costs and revenue of $75,000 in Fiscal Year 2009-10 and costs and revenues of $100,000 in Fiscal Year 2010-2011 to be included in the Fiscal Year 2009-2011 CAO Proposed Operational Plan, This request will result in no additional staff years. The funding source is the Federal Bureau of Justice Assistance. This grant requires a 20% in-kind match for the first two years of the grant (Fiscal Years 2009-10 and 2010-11) and a 40% in-kind match for the third year of the grant (Fiscal Year 2011-12). The match will be met for all three years using salaries and benefits of Probation staff assigned to the project.
BUSINESS IMPACT STATEMENT:
N/A
RECOMMENDATION:
CHIEF ADMINISTRATIVE OFFICER
1.  Ratify the submission of the application for the Justice and Mental Health Collaboration Program, Bureau of Justice Assistance grant in the amount of $250,000 for a period of three years (October 1, 2009 through September 30, 2012).
2. 
3.  Waive Board Policy B-29, Fees, Grants, Revenue Contracts – Department responsibility for cost recovery, which requires prior approval of grant applications and full cost recovery for grants.
4. 
5.  Authorize the Chief Probation Officer to review and execute the grant documents.
ACTION:
ON MOTION of Supervisor Roberts, seconded by Supervisor Horn, the Board took action as recommended, on Consent.
AYES: Cox, Jacob, Slater-Price, Roberts, Horn
6. / SUBJECT: / SET HEARING FOR 5/5/09:
SHERIFF – APPROVE SITE PURCHASE AND ADOPT MITIGATED NEGATIVE DECLARATION FOR A NEW SHERIFF’S STATION IN RANCHO SAN DIEGO (SKYLINE WESLEYAN CHURCH, INC.) (SET HEARING 4/7/09; HOLD HEARING 5/5/09) (DISTRICT: 2)
OVERVIEW:
On November 4, 1997 (27), the Board directed staff to work with the Sheriff to identify the building specifications and find a suitable site for a new Sheriff’s station in the Rancho San Diego area. Since that time, County staff, assisted by the County’s real estate broker, has issued two Requests for Proposals and investigated several potential sites and development proposals. In 2008, staff identified a suitable site located just east of the Skyline Wesleyan Church at 11330 Campo Road in the western Rancho San Diego area. (Thomas Guide page 1271-H6) The 14.75-acre site contains a fee-owned access road, open space and buffer areas, and has a net developable area of 4.95 acres, including the roadway through the site.
On June 24, 2008 (4), the Board approved an option agreement to purchase the site owned by Skyline Wesleyan Church, Inc. for the appraised value of $2,000,000. Since entering into the option agreement, General Services has completed the required environmental review, engineering studies and due diligence for the site. Purchase of the property requires two steps. On April 7, 2009, the Board is requested to set a hearing for May 5, 2009 to consider approving the purchase of the site from Skyline Wesleyan Church for the appraised value of $2,000,000 and provide public notice of the hearing, and appropriate funds for the site acquisition, which are Recommendations 2 through 5 below. If the Board takes the actions in Recommendations 1 through 5, then on May 5, 2009, the Board may approve the purchase of the site after making the necessary environmental findings. These actions, listed as recommendations 6 through 10 below, are discretionary after consideration of public testimony.