Category / Agenda No. / Subject

STATEMENT OF PROCEEDINGS

COUNTY OF SAN DIEGO BOARD OF SUPERVISORS

REGULAR MEETING

TUESDAY, JANUARY 06, 2009

Board Of Supervisors North Chamber

1600 Pacific Highway, Room 310, San Diego, California

Order of Business

SWEARING-IN CEREMONY AND

BOARD ORGANIZATIONAL MEETING

10:00 AM

MORNING SESSION – Organizational Meeting was called to order at 10:04 a.m.

PRESENT: Supervisors Greg Cox, Chairman; Dianne Jacob, Vice Chairwoman;

Pam Slater-Price; Ron Roberts, Bill Horn; also Thomas J. Pastuszka, Clerk.

Invocation was led by Reverend Richard Freeman from Community Congregational Church in Chula Vista.

Presentation of Colors by Naval Medical Center Color Guard.

Pledge of Allegiance was led by San Diego County Deputy Sheriff Mark Milton.

The “National Anthem” was sung by Marina Inserra, Outstanding Teen of 2008.

Oaths of Office were administered:

Greg Cox, Supervisoral District 1, was sworn in by Admiral Len Bering;

Dianne Jacob, Supervisoral District 2, was sworn in by Superior Court Judge

Peter C. Deddeh; and

Pam Slater-Price, Supervisoral District 3, was sworn in by City Attorney Jan I. Goldsmith.

1/06/2009 4

Category / Agenda No. / Subject

BOARD REGULAR MEETING

2:00 PM

AFTERNOON SESSION – Regular Meeting was called to order at 2:05 p.m.

Approval of Statement of Proceedings/Minutes for Meetings of December 9, 2008; Air Pollution Control District, December 9, 2008; In-Home Support Services Agency, December 9, 2008; Redevelopment Agency, December 9, 2008; and Sanitation District, December 9, 2008.

ACTION:

ON MOTION of Supervisor Roberts, seconded by Supervisor Horn, the Board of Supervisors approved the Statement of Proceedings/Minutes for the Meetings of December 9, 2008; Air Pollution Control District, December 9, 2008; In-Home Support Services Agency, December 9, 2008; Redevelopment Agency, December 9, 2008; and Sanitation District, December 9, 2008.

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

Category / Agenda No. / Subject
BOARD ORGANIZATIONAL MEETING 10:00 A.M.
Financial and General Government / 1. / SELECTION OF CHAIR, VICE CHAIR AND CHAIR PRO TEM OF THE 2009 BOARD OF SUPERVISORS
BOARD REGULAR MEETING 2:00 P.M.
Community Services / 2. / DECLARATION OF ELECTION RESULTS – NOVEMBER 4, 2008 PRESIDENTIAL GENERAL ELECTION
Public Safety / 3. / SHERIFF– APPROVAL OF A 2009 OPERATION STONEGARDEN GRANT APPLICATION AND RATIFICATION OF THE CALIFORNIA MULTI-JURISDICTIONAL METHAMPHETAMINE ENFORCEMENT TEAM (Cal-MMET) GRANT APPLICATION
Financial and General Government / 4. / NOTICED PUBLIC HEARING:
ISSUANCE OF BONDS BY THE CALIFORNIA STATEWIDE COMMUNITIES DEVELOPMENT AUTHORITY FOR FRIENDS OF CHABAD LUBAVITCH, SAN DIEGO IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $140,000,000
5. / NOTICED PUBLIC HEARING:
ISSUANCE OF BONDS BY THE ABAG FINANCE AUTHORITY FOR NONPROFIT CORPORATIONS FOR SHARP HEALTHCARE IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $200,000,000
Communications Received / 6. / COMMUNICATIONS RECEIVED
7. / ADMINISTRATIVE ITEM:
SECOND CONSIDERATION AND ADOPTION OF ORDINANCE: AMENDMENT TO THE COMPENSATION ORDINANCE
Appointments / 8. / ADMINISTRATIVE ITEM:
APPOINTMENT OF ONE MEMBER TO THE INDIAN GAMING LOCAL COMMUNITY BENEFIT COMMITTEE
9. / ADMINISTRATIVE ITEM:
APPOINTMENTS
10. / Appointments of Board Members to Boards, Commissions and Committees
11. / Filling the Vacancy of the County Assessor / Recorder / Clerk
Financial and General Government / 12. / ALLOCATION OF DISTRICT TWO COMMUNITY PROJECT FUNDS
[FUNDING SOURCE(S): FY 08-09 DISTRICT TWO COMMUNITY PROJECT FUNDS]
13. / ALLOCATION OF COMMUNITY PROJECTS FUNDS (DISTRICT: 4)
Closed Session / 14. / CLOSED SESSION (DISTRICTS: ALL)
Financial and General Government / 15. / OFF-AGENDA CONSIDERATION:
CHARGER BANNER (DISTRICTS: ALL)

1/06/2009 4

BOARD ORGANIZATIONAL MEETING 10:00 A.M.
1. / SUBJECT: / SELECTION OF CHAIR, VICE CHAIR AND CHAIR PRO TEM OF THE 2009 BOARD OF SUPERVISORS
(DistrictS: All)

ACTION:

On motion of Supervisor Cox, seconded by Supervisor Roberts, the Board of Supervisors appointed Supervisor Dianne Jacob, Chair; Supervisor Pam Slater-Price, Vice Chair; and Supervisor Bill Horn, Chair Pro Tem.
AYES: Cox, Jacob, Slater, Roberts, Horn
BOARD REGULAR MEETING 2:00 P.M.
2. / SUBJECT: / DECLARATION OF ELECTION RESULTS – NOVEMBER 4, 2008 PRESIDENTIAL GENERAL ELECTION (DISTRICTS: ALL)
OVERVIEW:
The November 4, 2008 Presidential General Election ballot included Proposition A, a measure under the County’s jurisdiction. State law (Election Code Section 15400) requires that the Board of Supervisors declare the election results for those measures under its jurisdiction.
FISCAL IMPACT:
There is no fiscal impact as a result of this action.
BUSINESS IMPACT STATEMENT:
N/A
RECOMMENDATION:
CHIEF ADMINISTRATIVE OFFICER
Adopt the resolution declaring the results of the November 4, 2008 Presidential General Election relating to Proposition A.
ACTION:
ON MOTION of Supervisor Roberts, seconded by Supervisor Horn, the Board took action as recommended, on Consent, adopting Resolution No. 09-001, entitled: DECLARATION OF RESULTS OF THE NOVEMBER 4, 2008 PRESEDENTIAL GENERAL ELECTION RELATING TO THE COUNTY OF SAN DIEGO MEASURE.
AYES: Cox, Jacob, Slater-Price, Roberts, Horn
3. / SUBJECT: / SHERIFF– APPROVAL OF A 2009 OPERATION STONEGARDEN GRANT APPLICATION AND RATIFICATION OF THE CALIFORNIA MULTI-JURISDICTIONAL METHAMPHETAMINE ENFORCEMENT TEAM (CAL-MMET) GRANT APPLICATION (DISTRICTS: ALL)
OVERVIEW:
On May 6, 2008 (2), your Board approved the submission of the 2008 Operation Stonegarden (OPSG) grant application and subsequently on September 23, 2008 (2), authorized acceptance of $5,580,000 in 2008 OPSG grant funds. This is a request to authorize the Sheriff’s Department to submit a grant application of approximately $8,000,000 on behalf of the San Diego region to the Governor’s Office of Homeland Security for the 2009 Operation Stonegarden Grant. The OPSG grant program is intended to enhance law enforcement preparedness and operational readiness along the land borders of the United States. As was the case in 2008, the 2009 OPSG grant program will provide funding to designated localities to enhance cooperation and coordination between law enforcement agencies in a joint mission to secure the United States land borders.
This is also a request to ratify the submission of an application to the Governor’s Office of Emergency Services (OES) for the Fiscal Year 2008-09 California Multi-jurisdictional Methamphetamine Enforcement Team (Cal-MMET) grant in the amount of $497,449 for the period July 1, 2008 through June 30, 2009.
FISCAL IMPACT:
Funds for these requests are not included in the Fiscal Year 2008-10 Operational Plan. Award notification for the 2009 Operation Stonegarden grant is expected to be announced, by the Governor’s Office of Homeland Security, by September 2009. The amount of the 2008 award was $5,580,000 and it is anticipated that the 2009 grant award will be approximately $8,000,000. Also, an application for $497,449 in Cal-MMET grant funds has been submitted to the Governor’s Office of Emergency Services for the period July 1, 2008 through June 30, 2009. If the application for the 2009 Operation Stonegarden grant and/or the application for the Fiscal Year 2008-09 Cal-MMET grant are approved, a subsequent item will be brought to your Board to accept and appropriate the funds. No matching funds and no staff years are required with either program.
BUSINESS IMPACT STATEMENT:
N/A
RECOMMENDATION:
SHERIFF
1.  Authorize the Sheriff’s Department to submit a grant application to the Governor’s Office of Homeland Security for the 2009 Operation Stonegarden Grant.
2.  Ratify the submission by the Sheriff’s Department of a grant application to the Governor’s Office of Emergency Services for the Fiscal Year 2008-09 Cal-MMET grant in the amount of $497,449 for the period beginning July 1, 2008 through June 30, 2009.
3.  Waive Board Policy B-29, Fees, Grants, Revenue Contracts – Department Responsibility for Cost Recovery, which requires full cost recovery for grants and requires that Board approval be given in advance of application for funds.
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: / NOTICED PUBLIC HEARING:
ISSUANCE OF BONDS BY THE CALIFORNIA STATEWIDE COMMUNITIES DEVELOPMENT AUTHORITY FOR FRIENDS OF CHABAD LUBAVITCH, SAN DIEGO IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $140,000,000 (DISTRICT: 3)
OVERVIEW:
The County has received a request from the California Statewide Communities Development Authority (“CSCDA”) to conduct a public hearing as required by the Internal Revenue Code and approve CSCDA’s issuance of revenue bonds in an aggregate amount not to exceed $140,000,000 (the “Bonds”), on behalf of Friends of Chabad Lubavitch, San Diego, a California non-profit organization (the “Borrower”). The Borrower will use the proceeds of the Bonds to finance the acquisition, construction, improvement, furnishing and equipping of certain residential adult education facilities located at 10785 Pomerado Road, San Diego, California 92131 (the “Project”).
CSCDA is a joint exercise of powers authority consisting of numerous California cities, counties, and special districts, including the County of San Diego. CSCDA is authorized to assist in the financing of non-profit public benefit organizations, including the Borrower. In order to initiate such a financing, the member participant, i.e. the County of San Diego, must: (1) conduct a public hearing to satisfy the public approval requirement of Section 147(f) of the Internal Revenue Code; and (2) approve CSCDA’s issuance of indebtedness. Although CSCDA will be the issuer of the tax-exempt obligations for the Borrower, the financing cannot proceed without the approval of the County of San Diego.
FISCAL IMPACT:
The County’s membership in CSCDA bears with it no cost or other financial obligation, but serves as a public acknowledgement as the host jurisdiction of the Project being financed. Funds for this request are not included in the Fiscal Year 2008-2009 Operational Plan. If approved, this proposal will result in $1,000 of unanticipated revenue to be used to reimburse the County for costs associated with this non-County financing.
The Borrower will be responsible for the payment of all present and future costs in connection with the issuance of the Bonds. The County will incur no obligation of indebtedness as a result of these actions.
BUSINESS IMPACT STATEMENT:
N/A
RECOMMENDATION:
CHIEF ADMINISTRATIVE OFFICER
1.  Pursuant to Section 147(f) of the Internal Revenue Code, hold a public hearing regarding the financing of the Project.
2.  Adopt a resolution named:
A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF SAN DIEGO APPROVING THE ISSUANCE OF REVENUE BONDS BY THE CALIFORNIA STATEWIDE COMMUNITIES DEVELOPMENT AUTHORITY ON BEHALF OF FRIENDS OF CHABAD LUBAVITCH, SAN DIEGO AND OTHER MATTERS RELATING THERETO.
ACTION:
ON MOTION of Supervisor Roberts, seconded by Supervisor Horn, the Board closed the Hearing and took action as recommended, on Consent, adopting Resolution No. 09-002, entitled: A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF SAN DIEGO APPROVING THE ISSUANCE OF REVENUE BONDS BY THE CALIFORNIA STATEWIDE COMMUNITIES DEVELOPMENT AUTHORITY ON BEHALF OF FRIENDS OF CHABAD LUBAVITCH, SAN DIEGO AND OTHER MATTERS RELATING THERETO.
AYES: Cox, Jacob, Slater-Price, Roberts, Horn
5. / SUBJECT: / NOTICED PUBLIC HEARING:
ISSUANCE OF BONDS BY THE ABAG FINANCE AUTHORITY FOR NONPROFIT CORPORATIONS FOR SHARP HEALTHCARE IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $200,000,000 (DISTRICTS: 1, 2, 4)
OVERVIEW:
The County has received a request from the ABAG Finance Authority for Nonprofit Corporations (the “Authority”) to conduct a public hearing as required by the Internal Revenue Code and approve the Authority’s issuance of revenue bonds in one or more series in an aggregate amount not to exceed $200,000,000 (the “Bonds”) for Sharp HealthCare (the “Borrower”). The proceeds of the bonds will be used to finance and refinance the acquisition, construction, improvement, furnishing and equipping of health care facilities located or to be located at or near various facility campuses (the “Project”).
The Authority is a joint exercise of powers authority consisting of numerous California cities and counties, including the County of San Diego. The Authority is authorized to assist in the financing of non-profit public benefit organizations, including the Borrower. In order to initiate such a financing, the member participant, i.e. the County of San Diego, must: (1) conduct a public hearing to satisfy the public approval requirement of Section 147(f) of the Internal Revenue Code; and (2) approve the Authority’s issuance of indebtedness. Although the Authority will be the issuer of the tax-exempt obligations for the Borrower, the financing cannot proceed without the approval of the County of San Diego.
FISCAL IMPACT:
The County’s membership in the Authority bears with it no cost or other financial obligation, but serves as a public acknowledgement as the host jurisdiction of the Project being financed. Funds for this request are not included in the Fiscal Year 2008-2009 Operational Plan. If approved, this proposal will result in $1,000 of unanticipated revenue to be used to reimburse the County for costs associated with this non-County financing.
The Borrower will be responsible for the payment of all present and future costs in connection with the issuance of the Bonds. The County will incur no obligation of indebtedness as a result of these actions.
BUSINESS IMPACT STATEMENT:
N/A
RECOMMENDATION:
CHIEF ADMINISTRATIVE OFFICER
1.  Pursuant to Section 147(f) of the Internal Revenue Code, hold a public hearing regarding the financing of the Project.
2.  Adopt a resolution entitled:
RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF SAN DIEGO APPROVING THE ISSUANCE OF THE ABAG FINANCE AUTHORITY FOR NONPROFIT CORPORATIONS REVENUE BONDS (SHARP HEALTHCARE), SERIES 2009, IN ONE OR MORE SERIES IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $200,000,000 FOR THE PURPOSE OF FINANCING AND/OR REFINANCING THE ACQUISITION, CONSTRUCTION, IMPROVEMENT, FURNISHING AND EQUIPPING OF HEALTH CARE FACILITIES AND CERTAIN OTHER MATTERS RELATING THERETO.
ACTION:
ON MOTION of Supervisor Roberts, seconded by Supervisor Horn, the Board closed the Hearing and took action as recommended, on Consent, adopting Resolution No. 09-003, entitled: RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF SAN DIEGO APPROVING THE ISSUANCE OF THE ABAG FINANCE AUTHORITY FOR NONPROFIT CORPORATIONS REVENUE BONDS (SHARP HEALTHCARE), SERIES 2009, IN ONE OF MORE SERIES IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $200,000,000 FOR THE PURPOSE OF FINANCING AND/OR REFINANCING THE EQUIPPING OF HEALTH CARE FACILITIES AND CERTAIN MATTERS RELATING THERETO.
AYES: Cox, Jacob, Slater-Price, Roberts, Horn
6. / SUBJECT: / COMMUNICATIONS RECEIVED (DISTRICTS: ALL)
OVERVIEW:
Board Policy A-72, Board of Supervisors Agenda and Related Process, authorizes the Clerk of the Board to prepare a Communications Received for Board of Supervisors' Official Records. Routine informational reports, which need to be brought to the attention of the Board of Supervisors yet not requiring action, are listed on this document. Communications Received documents are on file in the Office of the Clerk of the Board.