STATEMENT OF PROCEEDINGS
COUNTY OF SAN DIEGO BOARD OF SUPERVISORS
REGULAR MEETING
TUESDAY, JUNE 19, 2012
Board of Supervisors North Chamber
1600 Pacific Highway, Room 310, San Diego, California
REGULAR SESSION – Regular 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 Rabbi Barney Kasdan from Kehilat Ariel Messianic Synagogue.
Pledge of Allegiance was led by Eagle Scout Daimarr Keys from Troop 51.
Approval of Statement of Proceedings/Minutes for Meetings of May 1, 2012 and May 8, 2012.
ACTION:
ON MOTION of Supervisor Horn, seconded by Supervisor Slater-Price, the Board of Supervisors approved the Statement of Proceedings/Minutes for Meetings of May 1, 2012 and May 8, 2012.
AYES: Cox, Jacob, Slater-Price, Roberts, Horn
Public Communication: [No Speakers]
NOTICE: THE BOARD OF SUPERVISORS MAY TAKE ANY ACTION WITH RESPECT TO THE ITEMS INCLUDED ON THIS AGENDA. RECOMMENDATIONS MADE BY COUNTY STAFF DO NOT LIMIT ACTIONS THAT THE BOARD OF SUPERVISORS MAY TAKE. MEMBERS OF THE PUBLIC SHOULD NOT RELY UPON THE RECOMMENDATIONS IN THE BOARD LETTER AS DETERMINATIVE OF THE ACTION THE BOARD OF SUPERVISORS MAY TAKE ON A PARTICULAR MATTER.
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06/19/2012
Category / Agenda No. / SubjectPublic Safety / 1. / NOTICED PUBLIC HEARING:
PUBLIC SAFETY REALIGNMENT 2011 - PROGRAM IMPLEMENTATION UPDATE, AUTHORIZE APPROPRIATION OF FUNDING AND DESIGN-BUILD CONTRACT AWARD FOR THE EAST MESA DETENTION RE-ENTRY AND REHABILITATION FACILITY, APPROVE RULES AND REGULATIONS FOR THE HOME DETENTION PROGRAM, ADOPT ORDINANCES FOR THE HOME DETENTION PROGRAM AND AMEND THE PUBLIC SAFETY REALIGNMENT 2011 IMPLEMENTATION PLAN
[FUNDING SOURCE(S): JUSTICE FACILITY CONSTRUCTION FUND - STATE OF CALIFORNIA, LOCAL REVENUE FUND 2011 ALLOCATED TO THE COUNTY LOCAL REVENUE FUND 2011, LOCAL COMMUNITY CORRECTIONS ACCOUNT, WHICH REQUIRES AN ADVANCEMENT OF FUNDS FROM THE GENERAL FUND TO THE JUSTICE FACILITY CONSTRUCTION FUND ON BEHALF OF THE LOCAL COMMUNITY CORRECTIONS FUND; SHERIFF’S DEPARTMENT - STATE OF CALIFORNIA, LOCAL REVENUE FUND 2011 ALLOCATED TO THE COUNTY LOCAL REVENUE FUND 2011, LOCAL COMMUNITY CORRECTIONS ACCOUNT]
(4 VOTES)
2. / AN ORDINANCE AMENDING CHAPTER 3 OF DIVISION 1, TITLE 3 OF THE SAN DIEGO COUNTY CODE RELATING TO EMERGENCY SERVICES AND RESOLUTION UPDATING THE COUNTY’S DESIGNATIONS OF AUTHORIZED AGENTS FOR EMERGENCY SERVICES FUNDING
3. / FIRE MITIGATION FEE PROGRAM REVIEW COMMITTEE ANNUAL REPORT
4. / PROBATION - ACCEPTANCE OF FISCAL YEAR 2012 JUSTICE ASSISTANCE GRANT PROGRAM FUNDS
[FUNDING SOURCE(S): REVENUE FROM THE U.S. DEPARTMENT OF JUSTICE, BUREAU OF JUSTICE ASSISTANCE]
5. / PROBATION: POSITIVE YOUTH JUSTICE INITIATIVE GRANT APPLICATION
[FUNDING SOURCE(S): SIERRA HEALTH FOUNDATION]
6. / PUBLIC DEFENDER – REQUEST FOR APPROVAL OF OUT OF COUNTRY TRAVEL
Community Services / 7. / CEDAR AND KETTNER DEVELOPMENT PROJECT PARKING STRUCTURE - AUTHORIZATION TO ADVERTISE AND AWARD A DESIGN-BUILD CONSTRUCTION CONTRACT AND SEPARATE CONTRACT FOR SITE PREPARATION AND DEMOLITION
[FUNDING SOURCE(S): AID FROM REDEVELOPMENT AGENCIES, SAN DIEGO COUNTY CAPITAL ASSET LEASING CORPORATION (SANCAL) BOND PROCEEDS AND AN OPERATING TRANSFER FROM THE GENERAL FUND]
8. / GENERAL SERVICES - AUTHORIZE THE NEGOTIATION AND AWARD OF A CONTRACT FOR PARKING MANAGEMENT SERVICES FOR THE COUNTY ADMINISTRATION CENTER WATERFRONT PARK DEVELOPMENT PROJECT AND THE CEDAR AND KETTNER DEVELOPMENT PROJECT PARKING STRUCTURE
9. / COUNTY OPERATIONS CENTER DEVELOPMENT – SITE IMPROVEMENTS FUNDING APPROVAL
[FUNDING SOURCE(S): REIMBURSEMENT FROM THE SAN DIEGO REGIONAL BUILDING AUTHORITY AND AN OPERATING TRANSFER FROM THE COUNTY GENERAL FUND]
(4 VOTES)
10. / GENERAL SERVICES - AUTHORITY TO ADMINISTER LOCAL LABOR COMPLIANCE PROGRAM
11. / HEALTH AND HUMAN SERVICES AGENCY - NEW LEASE AGREEMENT FOR CHILDREN’S SERVICES SOUTH BAY OFFICE AT 303 H STREET, CHULA VISTA
[FUNDING SOURCE(S): SOCIAL SERVICES ADMINISTRATIVE REVENUE (APPROXIMATELY 90 PERCENT) AND HEALTH REALIGNMENT REVENUE (APPROXIMATELY 10 PERCENT)]
Financial and General Government / 12. / Preserving the ability for Federal, State, and Local agencies to provide input on Fee-to-Trust proposals
13. / Allocation of District Two Neighborhood Reinvestment Grants (DISTRICT: 2)
[FUNDING SOURCE(S): FY 11/12 DISTRICT TWO NEIGHBORHOOD REINVESTMENT PROGRAM]
14. / CAJON VALLEY UNION SCHOOL DISTRICT 2012 GENERAL OBLIGATION REFUNDING BONDS
15. / SAN YSIDRO SCHOOL DISTRICT GENERAL OBLIGATION REFUNDING BONDS, SERIES 2012
16. / AMENDMENTS TO THE COMPENSATION ORDINANCE
Communications Received / 17. / COMMUNICATIONS RECEIVED
Appointments / 18. / ADMINISTRATIVE ITEM:
APPOINTMENTS
Financial and General Government / 19. / NEIGHBORHOOD REINVESTMENT PROGRAM (DISTRICT: 1)
20. / SAY NO TO SACRAMENTO MOTORIST AID BUREAUCRACY BUILDING
21. / NEIGHBORHOOD REINVESTMENT PROGRAM GRANTS (DISTRICT: 3)
[FUNDING SOURCE(S): NEIGHBORHOOD REINVESTMENT PROGRAM (ORG 15660)]
(4 VOTES)
Closed Session / 22. / CLOSED SESSION
Presentation/Awards / 23. / PRESENTATIONS/AWARDS
NOTICE: THE BOARD OF SUPERVISORS MAY TAKE ANY ACTION WITH RESPECT TO THE ITEMS INCLUDED ON THIS AGENDA. RECOMMENDATIONS MADE BY COUNTY STAFF DO NOT LIMIT ACTIONS THAT THE BOARD OF SUPERVISORS MAY TAKE. MEMBERS OF THE PUBLIC SHOULD NOT RELY UPON THE RECOMMENDATIONS IN THE BOARD LETTER AS DETERMINATIVE OF THE ACTION THE BOARD OF SUPERVISORS MAY TAKE ON A PARTICULAR MATTER.
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06/19/2012
1. / SUBJECT: / NOTICED PUBLIC HEARING:PUBLIC SAFETY REALIGNMENT 2011 - PROGRAM IMPLEMENTATION UPDATE, AUTHORIZE APPROPRIATION OF FUNDING AND DESIGN-BUILD CONTRACT AWARD FOR THE EAST MESA DETENTION RE-ENTRY AND REHABILITATION FACILITY, APPROVE RULES AND REGULATIONS FOR THE HOME DETENTION PROGRAM, ADOPT ORDINANCES FOR THE HOME DETENTION PROGRAM AND AMEND THE PUBLIC SAFETY REALIGNMENT 2011 IMPLEMENTATION PLAN (DISTRICTS: ALL)
OVERVIEW:
Public Safety Realignment 2011, as enacted by the State of California and effective October 1, 2011, represents a fundamental and long-term change in State and County responsibilities for managing criminal offenders. On September 27, 2011 (2), your Board accepted the AB 109 Implementation Plan presented by the Community Corrections Partnership and took action to assist in the implementation of Public Safety Realignment, including the authorization of a home detention program. On December 6, 2011 (1), your Board approved certain actions to explore the expansion of the East Mesa Detention Facility by 400 beds to expand Re-Entry services to inmates in custody, and authorized advertisement, evaluation, selection and negotiation for the planning and design-build of the project and award of a contract subject to the appropriation of funds. Staff have completed the evaluation of expansion of the East Mesa Detention Facility and the Sheriff has completed a review of the requirement. On May 24, 2012, the Community Corrections Partnership approved a second amendment to the AB 109 Implementation Plan.
This action includes a request to appropriate funding from the County Local Revenue Fund 2011, Local Community Corrections Account for the award of the contract for the design and construction of the East Mesa Detention Re-Entry and Rehabilitation Facility and a request to adopt a resolution of the Board of Supervisors to approve an advancement of funds from the General Fund related to facility funding.
This action also requests that your Board receive a staff presentation discussing the status of the implementation of Public Safety Realignment, approve the Sheriff Department’s Rules and Regulations for the Home Detention Program, adopt an urgency ordinance and an ordinance to authorize certain fees related to the Home Detention Program, and approve the second amendment to the AB 109 Implementation Plan and amend the language of the Plan accordingly.
FISCAL IMPACT:
Justice Facility Construction Fund
Funds for this request in the amount of $200,000 are included in the Fiscal Year 2011-12 Operational Plan. Funds in the amount of $38,800,000 are not included in the Fiscal Years 2011-12 and 2012-13 Operational Plans for the Justice Facility Construction Fund. If approved, this request will result in total project costs of $39,000,000. Of this amount, a total of $200,000 has been expended on preliminary planning and analysis, and environmental review, and design-build solicitation, $37,864,000 will fund construction costs and $936,000 will be used toward the purchase of furniture, fixtures and equipment. If approved, this will result in current year costs and revenue of $10,464,000 and Fiscal Year 2012-13 costs and revenue of $28,536,000. The funding source is the State of California, Local Revenue Fund 2011 allocated to the County Local Revenue Fund 2011, Local Community Corrections Account, which requires an advancement of funds of $27,600,000 from the General Fund to the Justice Facility Construction Fund on behalf of the Local Community Corrections Fund.
The preliminary estimate of staffing and of annual occupancy costs for the new facility (e.g., utilities, custodial/trash removal, maintenance) is approximately 107 staff years and costs of $14.6 million for a full year of operation and which will be included in future proposed Sheriff’s Department Operational Plans supported by the County Local Revenue Fund 2011, Local Community Corrections Account. There will be no change in net General Fund costs and no additional staff years.
Sheriff’s Department
Funds for this request are not included in the Fiscal Year 2012-13 Operational Plan for the Sheriff’s Department. If approved, this request will result in Fiscal Year 2012-13 costs and revenue of $936,000. The funding source is the State of California, Local Revenue Fund 2011 allocated to the County Local Revenue Fund 2011, Local Community Corrections Account. There will no change in net General Fund costs and no additional staff years.
BUSINESS IMPACT STATEMENT:
If approved, expenditures for the construction of a new Re-Entry and Rehabilitation Facility will create private sector jobs and economic opportunities in San Diego County.
RECOMMENDATION:
CHIEF ADMINISTRATIVE OFFICER
On June 19, 2012:
1. Receive the staff presentation on Public Safety Realignment.
2. Find that the Final Supplemental Environmental Impact Report (FSEIR) on file in the Department of General Services for the East Mesa Detention Facility Project, dated July 15, 1988 and certified on August 16, 1988 (8), State Clearinghouse #19860611230, was completed in compliance with the California Environmental Quality Act (CEQA) and State and County CEQA guidelines, that the Board of Supervisors has reviewed and considered the information contained therein and the addendum thereto dated November 14, 2011 on file with the Department of General Services, before approving the project; and
Find that there are no changes in the project or in the circumstances under which it is undertaken which involve significant new environmental impacts which were not considered in the previously certified FSEIR dated July 15, 1988, that there is no substantial increase in the severity of previously identified significant effects, and that no new information of substantial importance has become available since the FSEIR was certified.
3. Establish appropriations of $10,264,000 in the Contributions to Capital Outlay Fund, Operating Transfer Out, to provide funds for Capital Project 1016416, East Mesa Detention Re-Entry and Rehabilitation Facility Project, based on anticipated revenue from the State of California, Local Revenue Fund 2011 allocated to County Local Revenue Fund 2011, Local Community Corrections Account. (4 VOTES)
4. Establish appropriations of $10,264,000 in the Justice Facility Construction Fund for Capital Project 1016416, East Mesa Detention Re-Entry and Rehabilitation Facility Project, based on an Operating Transfer from the General Fund. (4 VOTES)
5. Refer to budget deliberations the establishment of appropriations of $936,000 in the Sheriff’s Department for furniture, fixtures and equipment related to Capital Project 1016416, East Mesa Detention Re-Entry and Rehabilitation Facility Project, based on anticipated revenue from the State of California, Local Revenue Fund 2011 allocated to County Local Revenue Fund 2011, Local Community Corrections Account. (4 VOTES)
6. Approve an advancement of funds of $27,600,000 from the General Fund to the Justice Facility Construction Fund on behalf of the Local Community Corrections Fund for the East Mesa Detention Re-Entry and Rehabilitation Facility Project.
7. Adopt a resolution entitled: A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF SAN DIEGO AUTHORIZING THE GENERAL FUND TO ADVANCE FUND CONSTRUCTION COSTS OF THE EAST MESA DETENTION RE-ENTRY AND REHABILITATION FACILITY IN AN AMOUNT NOT TO EXCEED $27,600,000 AND FOR THE SUBSEQUENT SCHEDULED REIMBURSEMENT OF SUCH COSTS TO THE GENERAL FUND BY THE LOCAL COMMUNITY CORRECTIONS FUND (Attachment A).
8. Refer to budget deliberations the transfer of appropriations of $27,600,000 from the Countywide General Expenses, Operating Transfer Out, to the Contributions to Capital Outlay Fund, Operating Transfer Out, to provide funds for Capital Project 1016416, East Mesa Detention Re-Entry and Rehabilitation Facility Project.
9. Refer to budget deliberations the establishment of appropriations of $27,600,000 in the Justice Facility Construction Fund for Capital Project 1016416, East Mesa Detention Re-Entry and Rehabilitation Facility Project, based on an Operating Transfer from the General Fund.
10. Authorize the Director, Department of Purchasing and Contracting to take any action authorized by Section 401, et. seq. of the Administrative Code and Public Contract Code Section 20133 with respect to award of the design-build contract for construction of the East Mesa Detention Re-Entry and Rehabilitation Facility Project.
11. Designate the Director, Department of General Services, as contract administrator.
12. Read title, waive further reading and adopt the following Urgency Ordinance (Attachment B) (4 VOTES):
AN URGENCY ORDINANCE TO AMEND SECTION 953 OF ARTICLE LXIII OF THE SAN DIEGO COUNTY ADMINISTRATIVE CODE, RELATING TO PUBLIC SAFETY REALIGNMENT OF 2011, TO TAKE EFFECT IMMEDIATELY.
13. Approve the introduction of the proposed Public Safety Realignment 2011 amendment (first reading), read title and waive further reading of the Ordinance (Attachment E):
AN ORDINANCE TO AMEND SECTION 953 OF ARTICLE LXIII OF THE SAN DIEGO COUNTY ADMINISTRATIVE CODE, RELATING TO PUBLIC SAFETY REALIGNMENT OF 2011.
14. Approve the San Diego County Sheriff’s Department Rules and Regulations for the Home Detention Electronic Monitoring Program subject to annual review by the Board of Supervisors and authorize the Sheriff to amend the Rules and Regulations in a reasonable manner subject to annual review by the Board of Supervisors. (Attachment H).
15. Accept the Second Amendment to the San Diego County Public Safety Realignment and Post-Release Community Supervision 2011 Implementation Plan, amending Section 5 of the Preliminary 2011 Implementation Plan (Attachment I).
16. Pursuant to Attachment I, amend the Preliminary 2011 Implementation Plan as follows: In section 5, “Provide Evidence-Based Supervision and Intervention Services for Post Release Offenders, on paragraph 1, page 13 of the Plan, change “50:1” to “40:1” and change “100:1” to “80:1”.