statement of proceedings

COUNTY OF SAN DIEGO BOARD OF SUPERVISORS

REGULAR MEETING

TUESDAY, AUGUST 04, 2009

Board Of Supervisors North Chamber

1600 Pacific Highway, Room 310, San Diego, California

MORNING SESSION: - Meeting was called to order at 9:08 a.m.

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

Invocation by Dr. Curt Gruber, Pastor at Legacy Church in La Mesa.

Pledge of Allegiance to the Flag led by Daniel Mulugeta and Carley Cooke members of the Aaron Price Fellows Program.

Approval of Board of Supervisors Statement of Proceedings/Minutes for meeting of July 21, 2009.

ACTION:

ON MOTION of Supervisor Slater-Price, seconded by Supervisor Horn, the Board of Supervisors approved the Statement of Proceedings/Minutes for the meeting of July 21, 2009.

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

8/4/09 1

Category / Agenda No. / Subject
Public Safety / 1. / SHERIFF – APPROPRIATION OF AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009 AWARD FROM THE U. S. DEPARTMENT OF JUSTICE BUREAU OF JUSTICE ASSISTANCE AND ADDITION OF STAFF YEARS
[FUNDING SOURCE(S): SHERIFF-unanticipated Recovery Act grant revenue from the USDOJ BJA for the project period July 1, 2009 through June 30, 2011; District Attorney-unanticipated Recovery Act grant revenue from the USDOJ BJA through the Sheriff’s Department for the project period July 1, 2009 through June 30, 2011]
(4 Votes)
2. / SHERIFF - ACCEPTANCE OF GIFTS AND DONATIONS
3. / APPROPRIATE AMERICAN RECOVERY AND REINVESTMENT ACT (RECOVERY ACT) OF 2009 BYRNE JUVENILE ASSISTANCE GRANT (JAG) FORMULA GRANT FUNDS
[FUNDING SOURCE(S): ARRA of 2009 through the U.S. Department of Justice, Bureau of Justice Assistance]
(4 Votes)
4. / PROBATION DEPARTMENT – ACCEPTANCE OF DISPROPORTIONATE MINORITY CONTACT (DMC) TITLE V COMMUNITY PREVENTION PROGRAM GRANT
[FUNDING SOURCE(S): Federal Title V Prevention Grant administered by the CSA]
(4 Votes)
5. / PROBATION - RATIFICATION OF THE GRANT APPLICATION FOR THE ANGER MANAGEMENT YOUTH VIOLENCE PRESENTATION GRANT FOR AGGRESSION REPLACEMENT THERAPY (ART) TRAINING
[FUNDING SOURCE(S): Corrections Standards Authority Juvenile Accountability Block Grant]
6. / APPROVE AMENDMENTS TO THE MEMORANDUM OF UNDERSTANDING WITH THE CITY OF SAN DIEGO CONCERNING THE FINANCING, CONSTRUCTION, MAINTENANCE AND OPERATIONS OF AN INMATE RECEPTION CENTER AND TO THE CENTRAL JAIL FACILITIES LEASE AND THE LAS COLINAS OPERATING AGREEMENT
Health and Human Services / 7. / GRANT AND CONTRACT EXTENSION FOR CALIFORNIA SCREENING, BRIEF INTERVENTION, REFERRAL AND TREATMENT SERVICES
[FUNDING SOURCE(S): Federal Substance Abuse and Mental Health Services Administration (SAMHSA) via a California Department of Alcohol and Drug Programs Grant award]
Financial and General Government / 8.* / Presentation by CONNECT
9.* / INFORMATIONAL PRESENTATION BY THE SAN DIEGO CENTER FOR ALGAE BIOTECHNOLOGY
10. / Allocation of Community Projects Funds (District: 5)
/ 11. / LOCAL COMMUNITY PROJECTS ALLOCATIONS (DISTRICT: 1)
12. / Allocation of Community Projects Funds (District: 4)
13. / 2008-2009 Grand Jury Report Responses
14. / APPOINTMENT OF BOARD MEMBERS TO AD HOC COMMITTEE FOR THE PROCUREMENT OF A FIRM TO PROVIDE WASHINGTON, D.C. REPRESENTATION AND AUTHORIZE ISSUING A REQUEST FOR STATEMENT OF QUALIFICATIONS AND A REQUEST FOR PROPOSAL FOR PROCUREMENT
[FUNDING SOURCE(S): General Purpose Revenue]
15. / AMENDMENT TO INSTALLMENT SALE AGREEMENT FOR THE 2000 CONDUIT FINANCING FOR THE SALK INSTITUTE FOR BIOLOGICAL STUDIES
16. / PROPERTY TAX RATES FOR FISCAL YEAR 2009/10
17. / COUNTY OF SAN DIEGO FISCAL YEAR 2009-10 ADOPTED BUDGET RESOLUTION FOR FAMILY OF FUNDS, ENTERPRISE FUNDS AND INTERNAL SERVICE FUNDS, PRIOR YEAR ENCUMBRANCES, AND PENALTY ASSESSMENT RESOLUTION
18. / ADOPTION OF FISCAL YEAR 2009-10 BUDGET FOR THE COUNTY SERVICE AREAS, MAINTENANCE DISTRICTS, AND PERMANENT ROAD DIVISIONS
Communications Received / 19. / COMMUNICATIONS RECEIVED
Appointments / 20. / ADMINISTRATIVE ITEM:
APPOINTMENTS
Closed Session / 21. / CLOSED SESSION
Presentations/Awards / 22. / PRESENTATIONS/AWARDS
Public Communication / 23. / PUBLIC COMMUNICATION

8/4/09 4

1. / SUBJECT: / SHERIFF – APPROPRIATION OF AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009 AWARD FROM THE U. S. DEPARTMENT OF JUSTICE BUREAU OF JUSTICE ASSISTANCE AND ADDITION OF STAFF YEARS (DistrictS: ALL)
OVERVIEW:
On March 3, 2009 (12), your Board approved the application and acceptance of grant funds from the American Recovery and Reinvestment Act of 2009 (Recovery Act), also known as the Economic Stimulus Plan. The Sheriff’s Department submitted an application for and was awarded funds under the Fiscal Year 2009 Recovery Act Solicitation titled Combating Criminal Narcotics Activity (CCNA) Stemming from the Southern Border of the United States. The grant award is from the U. S. Department of Justice Bureau of Justice Assistance (USDOJ BJA). This request is to authorize the acceptance of grant funds totaling $4,999,996 and to fund 17 positions (17.0 additional staff years) in the Sheriff’s Department.
The grant award will fund “Operation Vise Grip”. The goal of the project is controlling, reducing, and/or preventing criminal narcotics activity, including drug-related crime and violence, along the southern border region of the United States. The project period is July 1, 2009 through June 30, 2011. This project involves funding 17 positions in the Sheriff’s Department and preserving 1 Deputy District Attorney position in the District Attorney’s Office.
FISCAL IMPACT:
Sheriff
Funds for this request are not included in the Sheriff’s FY 2009-11 Operational Plan. The funding source is unanticipated Recovery Act grant revenue from the USDOJ BJA for the project period July 1, 2009 through June 30, 2011. If approved, this request will result in estimated FY 2009-10 direct costs and revenue of $2,261,175 and FY 2010-11 direct costs and revenue of $2,316,664 and will require the addition of 17 additional staff years.
District Attorney
Funds for this request are not included in the District Attorney’s FY 2009-11 Operational Plan. The funding source is unanticipated Recovery Act grant revenue from the USDOJ BJA through the Sheriff’s Department for the project period July 1, 2009 through June 30, 2011. If approved, this request will result in estimated FY 2009-10 direct costs and revenue of $208,989 and FY 2010-11 direct costs and revenue of $213,168 and will require 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.
2. 
3.  Authorize the Chief Administrative Officer, or his designee, and the Sheriff, or his designee, to execute all required grant and grant related documents, including any annual extensions, amendments, and/or revisions thereof that do not materially impact or alter the services or funding level.
4. 
5.  Establish appropriations of $2,261,175 in the Sheriff’s Department for salaries and benefits ($2,208,400) and services and supplies ($52,775) based on unanticipated revenue from USDOJ BJA. (4 Votes)
6.  Establish appropriations of $208,989 in the District Attorney’s Office for salaries and benefits based on unanticipated revenue from USDOJ BJA through the Sheriff’s Department. (4 Votes)
7.  Approve the request to fund 17 positions (add 17.0 staff years) in the Sheriff’s Department’s Fiscal Year (FY) 2009-10 Operational Plan and authorize the Department of Human Resources to appropriately classify these positions.
ACTION:
ON MOTION of Supervisor Cox, seconded by Supervisor Roberts, the Board took action as recommended, on Consent.
AYES: Cox, Jacob, Slater-Price, Roberts, Horn
2. / SUBJECT: / SHERIFF - ACCEPTANCE OF GIFTS AND DONATIONS (DistrictS: ALL)
OVERVIEW:
The Sheriff’s Department received numerous gifts from individuals and groups to support law enforcement services. Administrative Code Section 66 and Board of Supervisors’ Policy A-112, Acceptance of Gifts and Donations, permits the acceptance of gifts by the administrative heads of each department in the County, subject to approval by the Board of Supervisors. A report of all individual gifts not exceeding $5,000 is required, as well as Board of Supervisors’ approval to accept individual gifts over $5,000. This request is to ratify and accept gifts and donations received by the Sheriff’s Department between the period of January 1, 2009 to June 30, 2009.
FISCAL IMPACT:
The Sheriff’s Department received cash donations of $2,165 and equipment donations valued at approximately $67,100 between January 1, 2009 and June 30, 2009. No additional appropriations are necessary. These requests will require the addition of zero staff years.
BUSINESS IMPACT STATEMENT:
N/A
RECOMMENDATION:
SHERIFF
1.  Accept the Sheriff’s Department Report of Gifts for the period of January 1, 2009 to June 30, 2009, in accordance with Administrative Code Section 66. Ratify the acceptance of gifts exceeding $5,000.
2. 
3.  Authorize the Chair of the Board of Supervisors to sign a letter of appreciation on behalf of the Board of Supervisors and the County of San Diego to Linda Calabrese and the Drug Enforcement Agency (DEA) San Diego Division.
ACTION:
ON MOTION of Supervisor Cox, seconded by Supervisor Roberts, the Board took action as recommended, on Consent.
AYES: Cox, Jacob, Slater-Price, Roberts, Horn
3. / SUBJECT: / APPROPRIATE AMERICAN RECOVERY AND REINVESTMENT ACT (RECOVERY ACT) OF 2009 BYRNE JUVENILE ASSISTANCE GRANT (JAG) FORMULA GRANT FUNDS (DistrictS: ALL)
OVERVIEW:
On March 3, 2009 (12) your Board authorized the Chief Administrative Officer or his designee, to complete and submit all documentation necessary to apply for and accept grant funds from the Recovery Act.
On July 14, 2009 the City of San Diego notified the Probation Department that the Byrne Juvenile Assistance (JAG) Formula Grant Funds were awarded. The Probation Department will use the funds to resume probation participation in the U.S. Marshal’s Task Force and the Sex Crimes Task Force (SAFE). This is a request to appropriate Bureau of Justice Assistance funds in the amount of $743,448 and fund two staff years for the period July 1, 2009 through June 30, 2012 for the American Recovery and Reinvestment Act (Recovery Act) of 2009 Justice Assistance Grant (JAG) Program.
FISCAL IMPACT:
The funds for this request are not included in the Fiscal Year 2009-11 Operational Plan. The funding source is the ARRA of 2009 through the U.S. Department of Justice, Bureau of Justice Assistance. If approved, this request will result in costs and revenues of $247,816 in Fiscal Year 2009-10, $247,816 in Fiscal Year 2010-11, and $247,816 in Fiscal Year 2011-12. There will be an addition of two staff years and no change in net General Fund costs.
BUSINESS IMPACT STATEMENT:
N/A
RECOMMENDATION:
CHIEF ADMINISTRATIVE OFFICER
1.  Establish appropriations in salaries and benefits of $247,816 in the Probation Department for the ARRA of 2009 JAG Formula Program based on unanticipated revenue from the Bureau of Justice Assistance. (4 Votes)
2.  Approve the request to fund two (2) staff years to support the Probation Department and direct the Department of Human Resources to classify these positions at the appropriate level.
ACTION:
ON MOTION of Supervisor Cox, seconded by Supervisor Roberts, the Board took action as recommended, on Consent.
AYES: Cox, Jacob, Slater-Price, Roberts, Horn
4. / SUBJECT: / PROBATION DEPARTMENT – ACCEPTANCE OF DISPROPORTIONATE MINORITY CONTACT (DMC) TITLE V COMMUNITY PREVENTION PROGRAM GRANT (DistrictS: ALL)
OVERVIEW:
On February 10, 2009 (4) your Board authorized the Probation Department to apply for $48,360 of Federal Title V Prevention Grant funds for the Disproportionate Minority Contact (DMC) Reduction in Schools Program administered by the State Corrections Standards Authority. The funding period is July 1, 2009 through June 30, 2010 with the possibility of funding for two additional years.
On May 29, 2009, the State Corrections Standards Authority (CSA) notified the Probation Department that San Diego was awarded the grant. This is a request to accept and appropriate CSA funds in the amount of $48,360 for the period July 1, 2009 through June 30, 2010. The purpose of the grant is to partner with the San Diego Unified School District and subcontract with the San Diego Association of Governments (SANDAG) in accordance with the grant requirements for the purpose of assessing and modifying disciplinary structures that might negatively impact overrepresentation of youth of color.
FISCAL IMPACT:
Funds for this request are not included in the Fiscal Year 2009-11 Operational Plan. If approved, this request will result in costs of $53,196 (including indirect costs of $4,836) and revenue of $48,360 in Fiscal Year 2009-10. The provisions of the grant do not allow indirect costs to be reimbursed. The funding source is the Federal Title V Prevention Grant administered by the CSA. This grant requires a 50% cash and/or in-kind match ($24,180) that will be provided by in-kind salaries and benefits of the DMC Committee members. This request will result in no additional staff years.
BUSINESS IMPACT STATEMENT:
N/A
RECOMMENDATION:
CHIEF ADMINISTRATIVE OFFICER
1.  Waive Board Policy B-29, Fees, Grants, Revenue Contracts – Department Responsibility for Cost Recovery.
2.  Accept $48,360 in grant funds from the Corrections Standards Authority (CSA) for the period July 1, 2009 through June 30, 2010 for the Disproportionate Minority Contact (DMC) Title V Prevention Grants funds.
3.  Establish appropriations of $48,360 in the Probation Department for services and supplies, based on unanticipated revenue from the Corrections Standards Authority. (4 Votes)
4.  Authorize the Probation Department to enter into a Memorandum of Agreement with the San Diego Unified School District to allow access to attendance data in accordance with the terms of the DMC Title V Prevention Grants funds.
ACTION:
ON MOTION of Supervisor Cox, seconded by Supervisor Roberts, the Board took action as recommended, on Consent.
AYES: Cox, Jacob, Slater-Price, Roberts, Horn
5. / SUBJECT: / PROBATION - RATIFICATION OF THE GRANT APPLICATION FOR THE ANGER MANAGEMENT YOUTH VIOLENCE PRESENTATION GRANT FOR AGGRESSION REPLACEMENT THERAPY (ART) TRAINING (DistrictS: ALL)
OVERVIEW:
This is a request to ratify the application and adopt a resolution for the Anger Management Youth Violence Presentation project grant issued by the Corrections Standards Authority (CSA). On July 17, 2009, CSA re-issued the grant application for Juvenile Accountability Block Grant (JABG) funds to implement and expand programs that reduce youth violence by using anger management techniques in custodial settings and in the community. The grant application was due on August 3, 2009.
The grant funding amount is $42,740 for the initial period of July 1, 2009 through June 30, 2010. This grant requires a 10% match of $4,270. The match will be met by using the approved Probation overhead rate. Grant funds will be used by the Probation Department to contract for services with providers of Aggression Replacement Therapy (ART) treatment who were selected by CSA through a separate application process.