STATEMENT OF PROCEEDINGS

COUNTY OF SAN DIEGO BOARD OF SUPERVISORS

REGULAR MEETING

TUESDAY, SEPTEMBER 18, 2007, 9:00 AM

Board of Supervisors North Chamber

1600 Pacific Highway, Room 310, San Diego, California

MORNING SESSION: – Meeting was called to order at 9:12 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 Chris Clark from East Clairemont Southern Baptist Church.

Pledge of Allegiance was led Caroline Cox, a 4th grader at St. Michaels School in Poway.

Approval of Statement of Proceedings/Minutes for Meeting of June 4-June 13, 2007 Budget Hearings, July 24, 2007 and July 31, 2007.

ACTION:

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

June 4-June 13, 2007 Budget Hearings, July 24, 2007 and July 31, 2007.

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

9/18/07 1

Category / Agenda No. / Subject
Public Safety / 1. / OPPOSITION TO EARLY RELEASE OF CONVICTS FROM STATE PRISON
2. / SHERIFF’S SUBMISSION AND ACCEPTANCE OF THE CALIFORNIA STATE PARKS’ OFF-HIGHWAY VEHICLE GRANT
3. / SHERIFF’S DEPARTMENT REQUEST FOR RATIFICATION OF OUT-OF-COUNTRY TRAVEL
4. / SHERIFF’S DEPARTMENT REQUEST FOR MANUFACTURER SOLE SOURCE PROCUREMENT OF MD HELICOPTER COMPONENTS, PARTS, REPAIRS, AND SERVICE
[FUNDING SOURCE(S): GENERAL PURPOSE REVENUES]
Health & Human Services / 5. / REQUEST FOR APPROVAL OF SPECIAL CIRCUMSTANCES - CONTRACT PROFESSIONALS FOR THE HEALTH AND HUMAN SERVICES AGENCY
6. / REFUGEE HEALTH SERVICES
[FUNDING SOURCE(S): CALIFORNIA DEPARTMENT OF PUBLIC HEALTH, REFUGEE HEALTH SECTION: THE REFUGEE HEALTH ASSESSMENT REVENUES AND THE REFUGEE HEALTH PREVENTIVE HEALTH SERVICES GRANT]
7. / MENTAL HEALTH SERVICES ACT REVENUE AGREEMENT WITH THE STATE
[FUNDING SOURCE(S): MENTAL HEALTH SERVICES ACT]
8. / APPROVAL AND ADOPTION OF THE FIRST 5 COMMISSION STRATEGIC PLAN
Community Services / 9. / NOTICED PUBLIC HEARING:
FISCAL YEAR 2006-07 PERFORMANCE REPORT FOR DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT ENTITLEMENT PROGRAMS
10. / NOTICED PUBLIC HEARING:
PUBLIC HEARING ON REALLOCATION AND APPROPRIATION OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS AND 2005-10 CONSOLIDATED PLAN REVISION
(4 VOTES)
11. / NOTICED PUBLIC HEARING:
FISCAL YEAR 2008-09 STRATEGY FOR CDBG, HOME, ESG, AND HOPWA PROGRAMS AND AUTHORIZATION TO ISSUE NOFAS OR REQUESTS FOR PROPOSALS FOR OTHER HOUSING AND COMMUNITY DEVELOPMENT PROJECTS
[FUNDING SOURCE(S): COMMUNITY DEVELOPMENT BLOCK GRANT, HOME INVESTMENT PARTNERSHIPS, EMERGENCY SHELTER GRANT, AND HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS PROGRAMS]
12. / SUNSET REVIEW OF AND AMENDMENTS TO ADMINISTRATIVE CODE ARTICLE XII-A, COUNTY LIBRARIAN, ASSIGNED TO THE COMMUNITY SERVICES GROUP
Financial & General Government / 13. / PLANNING FOR A NEW FALLBROOK LIBRARY
14. / ALLOCATION OF COMMUNITY PROJECTS FUNDS AND EXPANSION OF BORREGO BRANCH LIBRARY (DISTRICT: 5)
15. / LOCAL COMMUNITY PROJECTS (DISTRICT: 1)
16. / FORMATION OF AN ECONOMIC DEVELOPMENT DISTRICT
17. / ADOPT A BOARD POLICY ENTITLED COUNTY ADMINISTRATION CENTER DESIGN GUIDELINES AND FACILITIES PROJECT COORDINATION
18. / EXPANDING THE DESCANSO LIBRARY
[FUNDING SOURCE(S): FY 07-08 DISTRICT TWO COMMUNITY PROJECTS AND A DONATION FROM THE FRIENDS OF THE DESCANSO LIBRARY]
(4 VOTES)
19. / NOTICED PUBLIC HEARING:
THE ISSUANCE OF TAX-EXEMPT OBLIGATIONS BY THE CALIFORNIA MUNICIPAL FINANCE AUTHORITY ON BEHALF OF HTH LEARNING
20. / ADDITION OF RATES TO THE SECURED PROPERTY TAX ROLL FOR THE SAN YSIDRO SCHOOL DISTRICT FY 2007-08 GENERAL OBLIGATION BONDS
Communications Received / 21. / COMMUNICATIONS RECEIVED
Financial & General Government / 22. / ADMINISTRATIVE ITEM:
SECOND CONSIDERATION AND ADOPTION OF ORDINANCE: OUT-OF-COUNTY AND IN-COUNTY BUSINESS TRAVEL REIMBURSEMENTS
Appointments / 23. / ADMINISTRATIVE ITEM:
APPOINTMENTS
Financial & General Government / 24. / LOCAL COMMUNITY PROJECTS GRANTS (DISTRICT: 3)
Closed Session / 25. / CLOSED SESSION
Closed Session / 26. / Off Docket Item
CLOSED SESSION
Presentations/Awards / 27. / Presentations/awards
Public Communication / 28. / PUBLIC COMMUNICATION

9/18/07 32

1. / SUBJECT: / OPPOSITION TO EARLY RELEASE OF CONVICTS FROM STATE PRISON (DISTRICTS: ALL)
OVERVIEW:
A federal court class action lawsuit against the State of California has been filed on behalf of state prisoners. This could result in the release of up to 40,000 inmates from California state prisons into our communities, posing grave challenges to public safety and to our County’s regional and local law enforcement agencies.
The safety of our residents is the number one priority of the San Diego County Board of Supervisors. Any release of prisoners, especially as many as 40,000 convicts, would pose a significant threat to the safety of our communities and our citizens.
To prevent the early release of these convicts, the California State Sheriffs’ Association (CSSA) and the California District Attorneys Association (CDAA) are supporting an action to intervene in this lawsuit by several elected Sheriffs and District Attorneys statewide, including San Diego County Sheriff Bill Kolender and District Attorney Bonnie Dumanis. The California State Association of Counties (CSAC) also has joined in supporting the intervention by the Sheriffs and District Attorneys, and has offered financial assistance to the CSSA to fund the costs of the intervention.
Today’s action would indicate San Diego County's official support for the action to intervene filed by the Sheriffs and District Attorneys, and would ratify the actions on the part of the San Diego County Sheriff and District Attorney to join this intervention. In addition, it would place the County Board of Supervisors on record as opposing any attempts to release inmates from California prisons before they have fully served their time.
FISCAL IMPACT:
The estimated cost of litigation will be a minimum of $100,000 but there will be no direct financial impact as the legal costs are expected to be shared by various associations of governments.
RECOMMENDATION:
CHAIRMAN ROBERTS AND VICE CHAIRMAN COX
1.  Support and ratify the action by the San Diego County Sheriff and District Attorney to intervene in the federal class action prisoner lawsuit filed against the State of California to oppose the lawsuit's attempt to force the early release of inmates from California prisons.
2.  Direct the Chief Administrative Officer to express this Board of Supervisors’ opposition to any early release of state inmates to San Diego County’s legislative representative in Sacramento and to state the Board’s position to the California State Association of Counties.
ACTION:
ON MOTION of Supervisor Jacob, seconded by Supervisor Slater-Price, the Board took action as recommended, on Consent.
AYES: Cox, Jacob, Slater-Price, Roberts, Horn
2. / SUBJECT: / SHERIFF’S SUBMISSION AND ACCEPTANCE OF THE CALIFORNIA STATE PARKS’ OFF-HIGHWAY VEHICLE GRANT (DISTRICTS: ALL)
OVERVIEW:
This is a request to ratify the submission and if awarded authorize the acceptance of a $62,000 grant for the period July 1, 2007 through June 30, 2008 from the California State Parks, Off-Highway Vehicle Recreation Division. If approved, the funds will be used to support the Sheriff’s Reserve Off-Road Enforcement Team (ORET). ORET responds to illegal riding activity complaints from citizens and public agencies.
FISCAL IMPACT:
Funds for this request are not budgeted. Should the grant application be approved for funding by the State, the County may be awarded up to $62,000. If the grant is approved, the Sheriff will return to the Board to request a budget adjustment for the grant amount and the requested action will result in $62,000 current year costs and revenue, and will require the addition of zero staff years.
RECOMMENDATION:
SHERIFF
1.  Waive Board Policy B-29, Fees, Grants, Revenue Contracts – Department Responsibility for Cost Recovery, which requires full cost recovery for grants and requires Board approval in advance of application of funds.
2.  Ratify the Sheriff’s submission and authorize the Sheriff to accept the grant funds of $62,000 if awarded from the California State Parks for the period July 1, 2007 through June 30, 2008.
3.  Authorize the Sheriff to execute all required California State Parks Off-Highway Vehicle Recreation grant documents, including annual extensions, amendments, and/or revisions thereof that do not materially impact or alter the services or funding level.
4.  Adopt a resolution entitled, “A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF SAN DIEGO RELATING TO THE CALFORNIA STATE PARKS OFF-HIGHWAY VEHICLE GRANT.”
ACTION:
ON MOTION of Supervisor Jacob, seconded by Supervisor Slater-Price, the Board took action as recommended, on Consent, adopting Resolution No. 07-200 entitled: A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF SAN DIEGO RELATING TO THE CALIFORNIA STATE PARKS OFF-HIGHWAY VEHICLE GRANT.
AYES: Cox, Jacob, Slater-Price, Roberts, Horn
3. / SUBJECT: / SHERIFF’S DEPARTMENT REQUEST FOR RATIFICATION 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 to ratify the out-of-county travel for two (2) Deputy Sheriffs to travel to Tijuana, Ensenada, Mexicali, Tecate and Rosarito, Baja California, Mexico, to attend the Baja California Crime Prevention State Tour from September 17 through September 21, 2007.
FISCAL IMPACT:
Funds for this request are included in the Fiscal Year 2007-08 Adopted Operational Plan. If approved, this request will result in approximately $320 current year costs, no annual costs, and will require the addition of zero staff years. No overtime costs will be incurred as a result of this trip.
RECOMMENDATION:
SHERIFF
1.  Ratify travel to Baja California, Mexico for two (2) Deputy Sheriffs to attend the Baja California Crime Prevention State Tour from September 17 through September 21, 2007.
2.  Accept the gift from the State of Baja California for payment of accommodations and meal expenses for two (2) Deputy Sheriffs to attend the Baja California Crime Prevention State Tour.
3.  Ratify the Chief Administrative Officer’s selection, in consultation with the Sheriff, of the two (2) Deputy Sheriffs attending the Baja California Crime Prevention State Tour from September 17 through September 21, 2007.
ACTION:
ON MOTION of Supervisor Jacob, seconded by Supervisor Slater-Price, the Board took action as recommended, on Consent.
AYES: Cox, Jacob, Slater-Price, Roberts, Horn
4. / SUBJECT: / SHERIFF’S DEPARTMENT REQUEST FOR MANUFACTURER SOLE SOURCE PROCUREMENT OF MD HELICOPTER COMPONENTS, PARTS, REPAIRS, AND SERVICE (DISTRICTS: ALL)
OVERVIEW:
The Sheriff’s Department operates a fleet of six (6) MD 500 series helicopters, all of which are certified by the Federal Aviation Administration (FAA) and classified as light utility helicopters. These light turbine helicopters require scheduled maintenance by flight-hour per the manufacturer and the FAA. They also require unscheduled maintenance as a result of component failure or damage. MD Helicopters contracts with other vendors for the manufacture of most of their parts and components, however, they maintain control of distribution. In order to maintain the Department’s FAA Airworthiness Certificates on each of these helicopters, all parts and components must be “PARTS MANUFACTURER APPROVAL” (PMA), which means they are approved by the FAA.
MD Helicopters does not sell parts directly to the user; parts must be purchased from MD parts distributors who meet manufacturer and FAA standards. Rolls Royce is the sole engine manufacturer for the MD 500 series helicopter and replacement engines and parts must be procured from an authorized Rolls Royce Engine Company distributor. Occasionally, the helicopters require repairs or service that cannot be performed by the Department’s helicopter mechanics and that must be performed by MD Helicopter and Rolls Royce Engine Authorized Service Centers in order to maintain FAA Airworthiness Certificates on the aircraft.
On September 20, 2005 (12), your Board authorized the sole source procurement of helicopter parts and components for the Bell 205 fire and life safety helicopters from Bell Textron or a Bell Customer Service Facility. This is a request for manufacturer sole source procurement of MD Helicopter and Rolls Royce Engine components, parts, repairs, and service.
FISCAL IMPACT:
Funds for this request are included in the Fiscal Year 2007-09 Adopted Operational Plan. The funding source is general purpose revenues. If approved, this request will result in an estimated $500,000 annual cost and will require the addition of no staff years.
RECOMMENDATION:
SHERIFF
1.  Waive the advertising and competitive procurement requirements of Board Policy A-87.
2.  In accordance with Board Policy A-87, Competitive Procurement, subject to the determination of a fair and reasonable price, approve and authorize the Purchasing and Contracting Director to purchase MD 500 series Helicopter and Rolls Royce Engine components, parts, service and repairs from manufacturer authorized distributors and service centers as required throughout the useful life of the helicopters.
ACTION:
ON MOTION of Supervisor Jacob, seconded by Supervisor Slater-Price, the Board took action as recommended, on Consent.
AYES: Cox, Jacob, Slater-Price, Roberts, Horn
5. / SUBJECT: / REQUEST FOR APPROVAL OF SPECIAL
CIRCUMSTANCES - CONTRACT PROFESSIONALS FOR THE HEALTH AND HUMAN SERVICES AGENCY (DISTRICTS: ALL)
OVERVIEW:
This Board has demonstrated a long-term commitment to helping children and adults reach their full potential by supporting mental health services for individuals and families in need. Nationally there is a shortage of licensed professionals, such as psychiatrists, psychologists and nurses available to fill mental health positions. Locally we have experienced a similar shortage, which may impact response times in meeting psychiatric needs in the community and may also impede the full implementation of new programs funded under the Mental Health Services Act. In an effort to mitigate the potential negative effects of this shortage the Agency has taken a number of actions. An additional action involves the County’s Administrative Code.
Administrative Code Section 67 prohibits the County from contracting with persons employed by the County unless the Board of Supervisors finds that special circumstances exist which justify the approval of such contracts. Today’s action requests Board authority to find that special circumstances exist justifying the approval of contracts between the County and certain licensed employees, where no conflict of interest exists, and as determined by the Director of the Health and Human Services Agency (HHSA) in consultation with the Office of County Counsel. As employment trends change over time, the Agency may return to your Board with additional recommendations as necessary.
FISCAL IMPACT:
N/A
RECOMMENDATION:
CHIEF ADMINISTRATIVE OFFICER
In accordance with San Diego County Administrative Code Section 67, Prohibited Contracts, find that special circumstances exist which justify the approval of contracts between the County and certain licensed HHSA employees in various classifications, where no conflict of interest exists, and as determined by the Director of the Health and Human Services Agency in consultation with the Office of County Counsel.