STATEMENT OF PROCEEDINGS
COUNTY OF SAN DIEGO BOARD OF SUPERVISORS
REGULAR MEETING
TUESDAY, SEPTEMBER 11, 2012
Board of Supervisors North Chamber
1600 Pacific Highway, Room 310, San Diego, California
REGULAR SESSION – Regular Meeting was called to order at 9:01 a.m.
Present: Supervisors Greg Cox, Vice Chairman; Dianne Jacob; Pam Slater-Price; Bill Horn; also Thomas J. Pastuszka, Clerk.
Absent: Supervisor Ron Roberts, Chairman
A moment of silence was held in honor of National Day of Service and Remembrance and the 11th anniversary of the September 11 terrorist attacks.
Invocation was led by Rabbi Zalman Carlebach from the Chabad of Downtown San Diego.
Pledge of Allegiance was led by Paolo Bueno.
Approval of Statement of Proceedings/Minutes for Minutes for Meeting of August 7, 2012.
ACTION:
ON MOTION of Supervisor Slater-Price, seconded by Supervisor Jacob, the Board of Supervisors approved the Statement of Proceedings/ Minutes for Meeting of August 7, 2012.
AYES: Cox, Jacob, Slater-Price, Horn
ABSENT: Roberts
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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Category / Agenda No. / SubjectPublic Safety / 1. / PROBATION – ACCEPTANCE OF SECOND CHANCE ACT SMART PROBATION GRANT AWARD
[FUNDING SOURCE(S): Office of Justice Programs]
(4 VOTES)
Community Services / 2. / NOTICED PUBLIC HEARING:
FISCAL YEAR 2011-12 PERFORMANCE REPORT FOR DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT ENTITLEMENT PROGRAMS; REALLOCATION OF FUNDS; AMENDMENT TO FISCAL YEAR 2012-13 ANNUAL FUNDING PLAN
3. / SHERIFF – ESTABLISH APPROPRIATIONS FOR PURCHASE OF COMMUNICATIONS SITES FOR THE REGIONAL COMMUNICATIONS SYSTEM
[FUNDING SOURCE(S): Operating Transfer from the General Fund]
(4 VOTES)
4. / REGISTRAR OF VOTERS - APPOINTMENTS TO DISTRICT AND COMMUNITY PLANNING AREA BOARDS
Land Use and Environment / 5. / ESTABLISH THE DEPARTMENT OF PLANNING AND DEVELOPMENT SERVICES THROUGH AMENDMENTS TO THE ZONING ORDINANCE, COUNTY CODE AND COUNTY ADMINISTRATIVE CODE
Financial and General Government / 6. / NEIGHBORHOOD REINVESTMENT GRANTS, AMENDMENTS, & COMMUNITY ENHANCEMENT AMENDMENT (DISTRICT: 5)
[FUNDING SOURCE(S): Neighborhood Reinvestment budget]
(4 VOTES)
7. / RATTLESNAKE AVOIDANCE TRAINING CLINICS
8. / URGENT CALL TO FIX THE SCREENING OF FOREIGN NATIONALS WHO INTEND TO TRAIN AT FLIGHT SCHOOLS IN THE UNITED STATES
9. / REINSTATING THE NAME OF JACUMBA HOT SPRINGS
10. / NEIGHBORHOOD REINVESTMENT PROGRAM GRANTS (DISTRICT: 3)
[FUNDING SOURCE(S): Neighborhood Reinvestment Program]
11. / VISTA UNIFIED SCHOOL DISTRICT 2012 GENERAL OBLIGATION REFUNDING BONDS
12. / AMENDMENTS TO THE COMPENSATION ORDINANCE
13. / PROPERTY TAX RATES FOR FISCAL YEAR 2012-13
14. / FISCAL YEAR 2012-13 APPROPRIATION LIMIT FOR THE COUNTY OF SAN DIEGO
15. / APPROVAL OF THE FINANCING DOCUMENTS FOR THE CEDAR AND KETTNER DEVELOPMENT PROJECT PARKING STRUCTURE
(4 VOTES)
16. / REFUNDING OF COUNTY OF SAN DIEGO CONDUIT CERTIFICATES OF PARTICIPATION, SERIES 2005 (SANFORD-BURNHAM MEDICAL RESEARCH INSTITUTE)
Communications Received / 17. / COMMUNICATIONS RECEIVED
Appointments / 18. / ADMINISTRATIVE ITEM:
APPOINTMENTS
Financial and General Government / 19. / SUPPORT FOR PROPOSITION 35 - THE CALIFORNIANS AGAINST SEXUAL EXPLOITATION ACT
Closed Session / 20. / CLOSED SESSION
Presentation/Awards / 21. / 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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1. / SUBJECT: / PROBATION – ACCEPTANCE OF SECOND CHANCE ACT SMART PROBATION GRANT AWARD (DISTRICTS: ALL)OVERVIEW:
The Federal Bureau of Justice Assistance, in an effort to improve the success of probation for offenders, has awarded funds under the Second Chance Act for Smart Probation projects to implement evidence-based supervision strategies to improve outcomes for probationers.
On May 8, 2012 (2) the Board approved Probation’s request to apply for the grant. On August 22, the Office of Justice Programs of the Department of Justice notified the Probation Department of the Second Chance Act-Smart Probation project grant award in the amount of $500,000 for the period October 1, 2012 to September 30, 2014.
This is a request to accept and appropriate grant funds, add one staff year, contract with San Diego Associations of Government (SANDAG) for a mandatory evaluation of the program, and contract with University of California San Diego (UCSD), Center for Criminality & Addiction Research, Training & Application (CCARTA) to design and provide a leadership academy.
FISCAL IMPACT:
Funds for this request are not included in the Fiscal Year 2012-13 Operational Plan for the Probation Department. The funding source is the Office of Justice Programs. If approved, this request will result in costs and revenue of $500,000 ($187,497 in Fiscal Year 2012-13, $249,996 in Fiscal Year 2013-14, and $62,507 in Fiscal Year 2014-15). The grant award recovers all Probation Department direct costs but does not include indirect costs estimated at $59,387 over the term of the grant. There will be no change in net General Fund costs and will result in the addition of one staff year to be classified by the Department of Human Resources at the appropriate level. If funding is discontinued, the position will be eliminated.
BUSINESS IMPACT STATEMENT:
N/A
RECOMMENDATION:
CHIEF ADMINISTRATIVE OFFICER
1. Waive Board Policy B-29, Fees, Grants, and Revenue Contracts – Department Responsibility for Cost Recovery which requires full cost recovery.
2. Authorize the acceptance of $500,000 in grant funds from the Office of Justice Programs for the period beginning October 1, 2012 through September 30, 2014 for the Second Chance Act-Smart Probation project.
3. Authorize the Chief Probation Officer to review and execute all required Smart Probation grant documents, including any extensions, annual amendments and/or revisions therefore that do not materially alter or impact the services or funding level.
4. Establish appropriations of $187,497 in the Probation Department for the Smart project, salaries and benefits ($85,053) and services and supplies ($102,444) for the period of October 1, 2012 through June 30, 2013, based on unanticipated revenue. (4 VOTES)
5. Approve the request to add one (1) staff year to support the Probation Department and direct the Department of Human Resources to classify this position at the appropriate level.
6. In accordance with Board Policy A-87, Competitive Procurement, approve and authorize the Director, Purchasing and Contracting to enter into negotiations with the San Diego Associations of Governments; and subject to successful negotiations and determination of a fair and reasonable price, award a contract for services to be acquired for one year and one optional year through September 30, 2014 and an additional six months if needed, and to amend the contracts as needed to reflect changes to services and funding, subject to approval of the Chief Probation Officer.
7. In accordance with Board Policy A-87, Competitive Procurement, approve and authorize the Director, Purchasing and Contracting to enter into negotiations with the University of California San Diego, Center for Criminality & Addiction Research, Training & Application; and subject to successful negotiations and determination of a fair and reasonable price, award a contract for services to be acquired for one year and one optional year through September 30, 2014 and an additional six months if needed, and to amend the contracts as needed to reflect changes to services and funding, subject to approval of the Chief Probation Officer.
ACTION:
ON MOTION of Supervisor Horn, seconded by Supervisor Slater-Price, the Board took action as recommended, on Consent.
AYES: Cox, Jacob, Slater-Price, Horn
ABSENT: Roberts
2. / SUBJECT: / NOTICED PUBLIC HEARING:
FISCAL YEAR 2011-12 PERFORMANCE REPORT FOR DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT ENTITLEMENT PROGRAMS; REALLOCATION OF FUNDS; AMENDMENT TO FISCAL YEAR 2012-13 ANNUAL FUNDING PLAN (DISTRICTS: ALL)
OVERVIEW:
This hearing provides an opportunity for the Board of Supervisors to receive public comment on the Fiscal Year 2011-12 Consolidated Annual Performance and Evaluation Report that describes accomplishments from three federal entitlement programs: Community Development Block Grant (CDBG), Home Investment Partnerships (HOME), and Emergency Shelter Grant (ESG), as well as other programs administered by the County of San Diego Department of Housing and Community Development. All entitlement jurisdictions are required annually to submit this report to the U.S. Department of Housing and Urban Development (HUD). Today’s requested action satisfies the HUD requirement to hold a public hearing before submission in order to receive comments pertaining to the report.
Today’s requested actions will authorize the reallocation of up to $40,492 in prior years’ City of Imperial Beach CDBG funds and up to $104,331 from a cancelled Fiscal Year 2012-13 City Imperial Beach project for a new Fiscal Year 2012-13 City of Imperial Beach CDBG project. In order to obtain HUD authority to use CDBG funds for the new Imperial Beach 2012-13 project and to reallocate funds, today’s requested action will also authorize and approve an amendment to the Fiscal Year 2012-13 County of San Diego Consortium Annual Funding Plan. The requested amendment requires a public notice, public hearing and a 30-day public comment period. The public comment period for this amendment ends on September 23, 2012.
FISCAL IMPACT:
Funds in the amount of $144,823 are included in the Fiscal Year 2012-13 Operational Plan for the Department of Housing and Community Development. This request will result in the reallocation of up to $144,823 in CDBG funds for the Fiscal Year 2012-13 City of Imperial Beach Imperial Beach Boulevard Pedestrian Crosswalk Project. There will be no change in net General Fund costs and no additional staff years.
BUSINESS IMPACT STATEMENT:
The recommendations will have a positive impact on the business community. The projects included in the Fiscal Year 2011-12 Consolidated Annual Performance and Evaluation Report have positively impacted the business community, as funds were provided for construction of affordable housing and public improvements. Projects were implemented by nonprofit service providers or private construction firms that were selected through a competitive bid process. In addition, the recommended City of Imperial Beach reallocation project will include construction improvements implemented by private firms selected through a competitive bid process.
RECOMMENDATION:
CHIEF ADMINISTRATIVE OFFICER
8. Hold this public hearing to receive public comment on the Fiscal Year 2011-12 Consolidated Annual Performance and Evaluation Report.
9. Approve and authorize the reallocation of up to $104,331 in CDBG Program funds from the cancelled Fiscal Year 2012-13 City of Imperial Beach 5th Street and Imperial Beach Boulevard Pedestrian Crosswalk Project Phase II to a new Fiscal Year 2012-13 City of Imperial Beach Imperial Beach Boulevard Pedestrian Crosswalk Project.
10. Approve and authorize the reallocation of up to $22,492 in CDBG Program funds from the completed Fiscal Year 2009-10 City of Imperial Beach Civic Center Crosswalk Project and up to $18,000 in CDBG Program funds from the completed Fiscal Year 2011-12 City of Imperial Beach 13th Street and Ebony Avenue ADA Ramps and Pop-outs (Southwest) to supplement funding for the new Fiscal Year 2012-13 City of Imperial Beach Imperial Beach Boulevard Pedestrian Crosswalk Project ($144,823).
11. Approve and authorize an amendment to the Fiscal Year 2012-13 County of San Diego Consortium Annual Funding Plan to reallocate up to $144,823 in CDBG funds for the new Fiscal Year 2012-13 City of Imperial Beach Imperial Beach Boulevard Pedestrian Crosswalk Project.
12. Authorize the Director, Department of Housing and Community Development, in consultation with County Counsel, to, as appropriate, publish notices, execute agreements, execute certification forms, and prepare and execute all necessary documents for the submittal, regulatory processing and implementation, as required by HUD, following the completion of environmental processing and HUD release of funds, if applicable.
ACTION:
ON MOTION of Supervisor Horn, seconded by Supervisor Slater-Price, the Board of Supervisors closed the Hearing and took action as recommended, on Consent.
AYES: Cox, Jacob, Slater-Price, Horn
ABSENT: Roberts
3. / SUBJECT: / SHERIFF – ESTABLISH APPROPRIATIONS FOR PURCHASE OF COMMUNICATIONS SITES FOR THE REGIONAL COMMUNICATIONS SYSTEM (DISTRICTS: ALL)
OVERVIEW:
On June 21, 1994 (1, 1A), the Board of Supervisors directed the Department of General Services to begin the process of leasing and developing sites needed to support the County’s Regional Communications System. Subsequently, the Department of General Services negotiated 44 communication site leases to support the system. Many of the leases will be expiring over the next few years.
On December 13, 1994 (9), the Board approved and authorized the execution of a 15year contract with Motorola to provide an 800 MHz Regional Communications System which was subsequently extended through December 31, 2015. The County is currently in the planning stages of preparing to replace and upgrade the entire system.
With existing leases expiring and with plans to upgrade the Regional Communications System to sustain operations in the future, there is a need to identify existing sites that are high risk that could be subject to substantial rent increases or relocation costs and for which new long-term leases or fee acquisitions should be negotiated. Today’s requested action is to establish appropriations of $140,000 for the acquisition of communications sites.
FISCAL IMPACT:
Funds for this request are not included in the Fiscal Year 2012-13 Operational Plan for the Justice Facility Construction Fund. If approved, this request will result in current year costs and revenue of $140,000 for Capital Project 1017536, Next Generation RCS Site Acquisition. The funding source is an Operating Transfer from the General Fund. There will be no change in net General Fund cost and no additional staff years.
BUSINESS IMPACT STATEMENT:
N/A
RECOMMENDATION:
CHIEF ADMINISTRATIVE OFFICER
1. Find that the continued use of existing Regional Communications System sites is exempt from the California Environmental Quality Act (CEQA) pursuant to section 15301 of the CEQA Guidelines.
2. Transfer appropriations of $140,000 from the Sheriff’s Department, services and supplies, to the Contributions to Capital Outlay Fund, Operating Transfer Out, to provide funding for Capital Project 1017536, Next Generation RCS Site Acquisition.