STATEMENT OF PROCEEDINGS

COUNTY OF SAN DIEGO BOARD OF SUPERVISORS

REGULAR MEETING

TUESDAY, DECEMBER 4, 2007, 9:00 AM

Board of Supervisors North Chamber

1600 Pacific Highway, Room 310, San Diego, California

Order of Business

MORNING SESSION: – Meeting was called to order at 9:04 a.m.

PRESENT: Supervisors Ron Roberts, Chairman; Greg Cox, Vice-Chairman;

Dianne Jacob; Pam Slater-Price; Bill Horn; also Thomas J. Pastuszka, Clerk.

Invocation was led by Pastor Wayne Riggs of Plymouth Congregational Church.

Pledge of Allegiance was led by After-School All-Star Safiro Khanis, Angela Khanis, and Daylong Vorise.

Approval of Statement of Proceedings/Minutes for Meeting of November 6, 2007.

ACTION:

ON MOTION of Supervisor Jacob, seconded by Supervisor Slater-Price, the Board of Supervisors approved the Statement of Proceedings/Minutes for the Meeting of November 6, 2007.

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

12/4/07 1

Category / Agenda No. / Subject
Public Safety / 1. / FORMATION OF THE NORTH COUNTY GANG COMMISSION
2. / SHERIFF’S DEPARTMENT LAW ENFORCEMENT CONTRACT WITH NINE INCORPORATED CITIES
[FUNDING SOURCE(S): REVENUE FROM THE NINE CONTRACT CITIES]
3. / SHERIFF’S DEPARTMENT LAW ENFORCEMENT AGREEMENT WITH THE PALA BAND OF MISSION INDIANS
[FUNDING SOURCE(S): REVENUE FROM THE PBMI]
4. / PROBATION – JUVENILE LAW REALIGNMENT; YOUTHFUL OFFENDER BLOCK GRANT PROGRAM; STAFFING AUGMENTATION IN THE JUVENILE DETENTION FACILITIES
(4 VOTES)
5. / LOCAL EMERGENCY REVIEW AND RATIFICATION OF ORDERS: OCTOBER 2007 FIRESTORM
Health & Human Services / 6. / REVENUE AGREEMENT FOR HOSPITAL OUTSTATION SERVICES PROGRAM
[FUNDING SOURCE(S): HOSPITAL ASSOCIATION OF SAN DIEGO AND IMPERIAL COUNTIES]
7. / CALIFORNIA HEALTHCARE FOR INDIGENTS PROGRAM AND EXPENDITURE PLAN FOR FISCAL YEAR 2007-08
[FUNDING SOURCE(S): CALIFORNIA HEALTHCARE FOR INDIGENTS PROGRAM]
8. / FY 2007-08 CERTIFICATION STATEMENTS FOR CHILD HEALTH AND DISABILITY PREVENTION AND CALIFORNIA CHILDREN SERVICES PROGRAMS
[FUNDING SOURCE(S): STATE GENERAL FUND, FEDERAL TITLE XIX, AND REALIGNMENT]
9. / "FAMILY INTEGRATED TREATMENT (FIT) PROGRAM"- ACCEPTANCE OF FEDERAL CHILDREN'S BUREAU GRANT FUNDS
(4 VOTES)
Community Services / 10. / COUNTY OF SAN DIEGO REDEVELOPMENT AGENCY FISCAL YEAR 2006-07 ANNUAL REPORT
(RELATES TO REDEVELOPMENT AGENCY NO. 1)
Financial & General Government / 11. / NOTICED PUBLIC HEARING:
RESOLUTION TO ESTABLISH AN ELECTRONIC RECORDING DELIVERY SYSTEM & FEE; ESTABLISH A FEE TO IMPLEMENT A SOCIAL SECURITY TRUNCATION PROGRAM; & INCREASE & COMBINE ASSESSOR/RECORDER/COUNTY CLERK FEES
[FUNDING SOURCE(S): THE ELECTRONIC RECORDING TRUST FUND, THE RECORDING TRUNCATION TRUST FUND AND THE GENERAL FUND]
12. / CHAPTER VIII AGREEMENT TO PURCHASE TAX DEFAULTED LAND #7017 ANZA-BORREGO FOUNDATION
13. / CHAPTER VIII AGREEMENT TO PURCHASE TAX DEFAULTED LAND #7020 FILIPINO-AMERICAN RETIREES OF AMERICA, INC.
14. / CHAPTER VIII AGREEMENT TO PURCHASE TAX DEFAULTED LAND #7021 CITY OF POWAY
15. / RETIREMENT BOARD ELECTION – SEVENTH SEAT (SAFETY) MEMBER
16. / 2008 LEGISLATIVE PROGRAM
17. / AMENDMENT TO THE COMPENSATION ORDINANCE
18. / LOCAL COMMUNITY PROJECTS (DISTRICT: 1)
Communications Received / 19. / COMMUNICATIONS RECEIVED
Financial & General Government / 20. / AMENDMENT TO THE COMPENSATION ORDINANCE PERTAINING TO THE SALARIES OF THE DISTRICT ATTORNEY AND SHERIFF
Appointments / 21. / ADMINISTRATIVE ITEM:
APPOINTMENTS
Closed Session / 22. / CLOSED SESSION
Presentations/Awards / 23. / Presentations/awards
Public Communication / 24. / PUBLIC COMMUNICATION

12/4/07 13

1. / SUBJECT: / FORMATION OF THE NORTH COUNTY GANG COMMISSION (DISTRICTS: 5 & 3)
OVERVIEW:
For decades the North County has been plagued by gang activity and senseless violence. Due to the number of different governmental and law enforcement jurisdictions, coordination for the entire region has been nearly impossible. The time has come to bring all of the regional partners together to form a plan to deal with gangs all along the 78 Corridor. Today’s action will begin the process of creating a North County Gang Commission that will bring together experts from education, law enforcement, business, social and health services, and even youth formerly involved in gangs to bring about a change for our region.
FISCAL IMPACT:
N/A
RECOMMENDATION:
SUPERVISOR HORN AND SUPERVISOR SLATER-PRICE
In accordance with Board Policy A-74, Citizen Participation in County Boards, Commissions and Committees, direct the Chief Administrative Officer to return to the Board within 60 days with an ordinance to establish the North County Gang Commission. This commission will have seven members total. Five members will be appointed by the Fifth District Supervisor, and two Community members will be appointed by the Third District Supervisor. They will be tasked with forming a regional plan to combat gang involvement in North County, seek funding opportunities to implement the plan, and facilitate coordination of community partners in an effort to reduce violence in the region.
ACTION:
ON MOTION of Supervisor Cox, seconded by Supervisor Jacob, the Board took action as recommended, on Consent.
AYES: Cox, Jacob, Slater-Price, Roberts, Horn
2. / SUBJECT: / SHERIFF’S DEPARTMENT LAW ENFORCEMENT CONTRACT WITH NINE INCORPORATED CITIES (DISTRICTS: ALL)
OVERVIEW:
On June 11, 2002 (9), the Board of Supervisors approved and authorized the execution of a five-year law enforcement contract between the County of San Diego, through the Sheriff’s Department, and nine incorporated cities in the County. This action requests authorization for the execution of a new five-year law enforcement contract for the period beginning July 1, 2007 and ending June 30, 2012.
FISCAL IMPACT:
Funds for this request are included in the Fiscal Year 2007-08 Operational Plan. The funding source is revenue from the nine contract cities. If approved this request will result in estimated costs and revenue of $75.795,381 in Fiscal Year 2007-08 and $79,585,150 in Fiscal Year 2008-09 and will require the addition of no staff years in Fiscal Year 2007-08. Requests for increased services may result in increased staff years during the term of the agreements.
RECOMMENDATION:
SHERIFF
1.  Waive Board Policy B-29, which requires full cost recovery for fees, grants, and revenue contracts.
2.  Approve and authorize the Clerk of the Board to accept and execute, upon receipt, the Agreement For General and Specialized Law and Traffic Enforcement Services (Contract) and the Contract Law Enforcement Program Joint Operating and Financial Plan (Attachment B) between the County of San Diego, through the Sheriff’s Department, and the cities of Del Mar, Encinitas, Imperial Beach, Lemon Grove, Poway, San Marcos, Santee, Solana Beach and Vista for the period beginning July 1, 2007 and ending June 30, 2012.
3.  Authorize the Sheriff to approve the Contract Law Enforcement Program Joint Operating and Financial Plan (Attachment B) documents for each Contract City for each subsequent year, including mid-year service level changes, amendments and/or revisions for the period beginning July 1, 2007 and ending June 30, 2012.
ACTION:
ON MOTION of Supervisor Cox, seconded by Supervisor Jacob, the Board took action as recommended, on Consent.
AYES: Cox, Jacob, Slater-Price, Roberts, Horn
3. / SUBJECT: / SHERIFF’S DEPARTMENT LAW ENFORCEMENT AGREEMENT WITH THE PALA BAND OF MISSION INDIANS (DISTRICT: 5)
OVERVIEW:
On September 20, 2005 (15), your Board authorized the Clerk of the Board to accept and execute an amended agreement between the County of San Diego, through the Sheriff’s Department, and the Pala Band of Mission Indians (PBMI) for continuing law enforcement services of two deputies. This agreement expired November 30, 2007. This is a request to execute a new five-year agreement for the continued law enforcement services of two deputies, between the County of San Diego, through the Sheriff’s Department, and PBMI for the period December 1, 2007 through
November 30, 2012.
FISCAL IMPACT:
Funds for this request are budgeted. The funding source is revenue from the PBMI. If approved, this request will result in estimated current year operating costs of $199,000 comprised of salaries and benefits of $166,000, services and supplies of $33,000 and revenue of $237,200; and subsequent year costs of $327,600 and revenue of $393,500. The remaining current year revenue of $38,200 and subsequent year revenue of $65,900 will be used to offset overhead costs. Cost and revenue amounts will be adjusted for negotiated salary increases, other cost adjustments or services level changes. If approved, this request will require the addition of no staff years.
RECOMMENDATION:
SHERIFF
1.  Waive Board Policy B-29, Fees, Grants, Revenue Contracts – Department Responsibility for Cost Recovery and requires docketing Revenue Contracts with the Board at least 60 days prior to effective date of contract.
2.  Approve and authorize the Clerk of the Board to accept and execute, upon receipt, an agreement between the County of San Diego and the Pala Band of Mission Indians for two Sheriff’s Deputies to provide law enforcement services for the agreement period December 1, 2007 through November 30, 2012.
3.  Authorize the Sheriff to execute any amendments, and/or revisions due to changes in service level that do not materially impact or alter either the program or funding level.
ACTION:
ON MOTION of Supervisor Cox, seconded by Supervisor Jacob, the Board took action as recommended, on Consent.
AYES: Cox, Jacob, Slater-Price, Roberts, Horn
4. / SUBJECT: / PROBATION – JUVENILE LAW REALIGNMENT; YOUTHFUL OFFENDER BLOCK GRANT PROGRAM; STAFFING AUGMENTATION IN THE JUVENILE DETENTION FACILITIES (DISTRICTS: ALL)
OVERVIEW:
Effective September 1, 2007, Senate Bill 81 (SB 81) and its follow up legislation Assembly Bill 191 (AB 191), made major revisions to the Welfare & Institutions Code and implemented what has become known as the “juvenile justice realignment law.” The principal effects of this realignment are: (1) limiting the wards that may be sent by counties to the Division of Juvenile Justice (“DJJ” -- formerly the California Youth Authority), (2) setting the stage for the return of wards by DJJ to counties either through the counties’ voluntary recall or the state’s parole, (3) imposing new supervision responsibilities on counties, and (4) establishing a Youthful Offender Block Grant program whereby the State will compensate counties based on a number of factors, including whether counties voluntarily recall wards. This realignment of juvenile justice responsibilities means that there will be additional wards in Probation Department facilities and under Probation field supervision.
The local custody and community supervision of these additional wards will add to the already-strained juvenile population and officer staffing levels in the Probation Department’s detention facilities. The Corrections Standard Authority (“CSA”) enforces state regulations that mandate a maximum of 30 beds per unit and a staffing ratio of one direct supervision staff person to every ten detainees per unit (“1:10 staffing ratio”). Due to population increases in the juvenile detention facilities, meeting these requirements necessitates the opening of additional detention units and adding supervision staff.
The Probation Department seeks authority to add 69 positions in Fiscal Year 2007-08, as follows: 27 for local housing and community supervision of wards being retained, recalled or sent back due to juvenile justice realignment, the cost of which is funded through the Youthful Offender Block Grant and 42 positions to comply with the State-mandated 30-bed per unit and 1:10 staffing ratio, which will enable the Department to open additional units and alleviate overpopulation in the detention facilities.
FISCAL IMPACT:
Funds for this request are not included in the Probation Department’s Fiscal Year 2007-08 Adopted Operational Plan. If approved, this request will result in direct costs of $2,859,647 in Fiscal Year 2007-08, with offsetting revenue of $1,434,647 from the Corrections Standards Authority Youthful Offender Block Grant to support returning wards to local custody and $1,425,000 from available Public Safety Group 2006-07 Fund Balance to support additional detention facility units. In addition, staffing would be augmented by 27 positions and FTEs for the Youthful Offender Block Grant program and 42 positions and FTEs for institutional staffing for a total of 69 positions and FTEs. The direct costs and full time equivalents (FTEs) have been prorated to begin in December of 2007, are adjusted to account for the time required to fill positions. The additional resources required for institutional staffing is a net amount after partially mitigating the increase by shifting resources ($500,000 in Fiscal Year 2007-08 and $1 Million annually) budgeted for payments to the Department of Juvenile Justice which will not be expended due to the change in State legislation.
Fiscal Year 2008-09 anticipated direct costs are $9,168,638, $4,786,638 for the Youthful Offender Block Grant Program and $4,382,000 for institutional staffing. The increased costs for the Youthful Offender Block Grant Program are expected to be fully revenue offset, but the increased institutional staffing costs will require the commitment of local resources. In Fiscal Year 2008-09, an additional 20 positions and FTEs (for a total of 47 positions and FTEs over the Fiscal Year 2007-08 adopted budget) are anticipated to be required for the Youthful Offender Block Grant program and would be funded by the Youthful Offender Block Grant. For institutional staffing, a need for an additional 10 positions and FTEs (for a total of 52 positions and FTEs over the Fiscal Year 2007-08 adopted budget) is anticipated for Fiscal Year 2008-09. The direct costs for staffing in institutions will continue to be partially offset by a shift in resources as described above. The ongoing funding source for institutional staffing will be addressed in the CAO’s Proposed Operational Plan for Fiscal Years 2008-09 and 2009-10.
RECOMMENDATION:
CHIEF ADMINISTRATIVE OFFICER
1.  Approve the request to add 69 positions and FTEs to the Probation Department’s Fiscal Year 2007-08 Operational Plan to implement programs to comply with State-mandated programs and regulations. Direct the Department of Human Resources to classify these positions at the appropriate levels.
2.  Approve the request for the Probation Department to accept $1,434,647 in Youthful Offender Block Grant allocation in Fiscal Year 2007-08.
3.  Establish appropriations of $2,859,647 in the Probation Department to implement programs and comply with State-mandated programs and regulations based on unanticipated revenue from Youthful Offender Block Grant ($1,434,647) and Public Safety Group’s Fiscal Year 2006-07 fund balance available ($1,425,000).
(4 VOTES)
4.  Direct the Auditor and Controller to establish a Probation Youthful Offender Block Grant Trust Fund for the Youthful Offender Block Grant allocation.
ACTION:
ON MOTION of Supervisor Cox, seconded by Supervisor Jacob, the Board took action as recommended, on Consent.
AYES: Cox, Jacob, Slater-Price, Roberts, Horn
5. / SUBJECT: / LOCAL EMERGENCY REVIEW AND RATIFICATION OF ORDERS: OCTOBER 2007 FIRESTORM (DISTRICTS: ALL)