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STATEMENT OF PROCEEDINGS COUNTY OF SAN DIEGO BOARD OF SUPERVISORS REGULAR MEETING MEETING AGENDA TUESDAY, JANUARY 08, 2013, 09:00 AM BOARD OF SUPERVISORS NORTH CHAMBER 1600 PACIFIC HIGHWAY, ROOM 310, SAN DIEGO, CALIFORNIA Order of Business BOARD ORGANIZATIONAL MEETING 9:00 AM MORNING SESSION – Organizational Meeting was called to order at 9:07 a.m. Present: Supervisors Greg Cox, Chairman; Dianne Jacob, Vice Chairwoman; Dave Roberts; Ron Roberts; Bill Horn; also Thomas J. Pastuszka, Clerk. Invocation and Pledge of Allegiance were led by Reverend Caleb Hummel from the Holy Trinity Anglican Parish of Ocean Beach. 1. SUBJECT: SELECTION OF CHAIR, VICE CHAIR, AND CHAIR PRO TEM OF THE 2013 BOARD OF SUPERVISORS ACTION: ON MOTION of Supervisor R. Roberts, seconded by Supervisor D. Roberts, the Board of Supervisors appointed Supervisor Greg Cox, Chair; Supervisor Dianne Jacob, Vice Chair; and Supervisor Bill Horn, Chair Pro Tem. AYES: Cox, Jacob, D. Roberts, R. Roberts, Horn REGULAR MEETING 10:00 AM TUESDAY, JANUARY 08, 2013 1

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STATEMENT OF PROCEEDINGSCOUNTY OF SAN DIEGO BOARD OF SUPERVISORS

REGULAR MEETINGMEETING AGENDA

TUESDAY, JANUARY 08, 2013, 09:00 AMBOARD OF SUPERVISORS NORTH CHAMBER

1600 PACIFIC HIGHWAY, ROOM 310, SAN DIEGO, CALIFORNIA

Order of BusinessBOARD ORGANIZATIONAL MEETING

9:00 AM

MORNING SESSION – Organizational Meeting was called to order at 9:07 a.m.

Present: Supervisors Greg Cox, Chairman; Dianne Jacob, Vice Chairwoman; Dave Roberts; Ron Roberts; Bill Horn; also Thomas J. Pastuszka, Clerk.

Invocation and Pledge of Allegiance were led by Reverend Caleb Hummel from the Holy Trinity Anglican Parish of Ocean Beach.

1. SUBJECT: SELECTION OF CHAIR, VICE CHAIR, AND CHAIR PRO TEM OF THE 2013 BOARD OF SUPERVISORS

ACTION:ON MOTION of Supervisor R. Roberts, seconded by Supervisor D. Roberts, the Board of Supervisors appointed Supervisor Greg Cox, Chair; Supervisor Dianne Jacob, Vice Chair; and Supervisor Bill Horn, Chair Pro Tem.

AYES: Cox, Jacob, D. Roberts, R. Roberts, Horn

REGULAR MEETING10:00 AM

REGULAR SESSION – Regular Meeting was called to order at 10:12 a.m.

Approval of Statement of Proceedings/Minutes for meeting of Board of Supervisors, December 4, 2012; Air Pollution Control District, December 4, 2012 and December 5, 2012; Flood Control District, December 5, 2012; In-Home Supportive Services Agency, December 4, 2012 and December 5, 2012; and Sanitation District, December 4, 2012 and December 5, 2012.

TUESDAY, JANUARY 08, 2013 1

ACTION:ON MOTION of Supervisor Jacob, seconded by Supervisor Horn, the Board of Supervisors approved the Statement of Proceedings/Minutes for meeting of Board of Supervisors, December 4, 2012; Air Pollution Control District, December 4, 2012 and December 5, 2012; Flood Control District, December 5, 2012; In-Home Supportive Services Agency, December 4, 2012 and December 5, 2012; and Sanitation District, December 4, 2012 and December 5, 2012.

AYES: Cox, Jacob, R. Roberts, HornABSTAIN: D. Roberts

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.

Category Agenda # Subject

Public Safety 2. DISTRICT ATTORNEY – REQUEST TO EXECUTE A REVENUE AGREEMENT FROM THE CHULA VISTA POLICE DEPARTMENT FOR THE SOUTHWEST BORDER ANTI-MONEY LAUNDERING ALLIANCE[FUNDING SOURCE(S): REVENUE AGREEMENT WITH THE CHULA VISTA POLICE DEPARTMENT FOR THE SOUTHWEST BORDER ANTI-MONEY LAUNDERING ALLIANCE , AND GENERAL PURPOSE REVENUE]

3. PROBATION DEPARTMENT – REQUEST FOR PROPOSALS FOR JUVENILE DELINQUENCY PREVENTION AND DEVELOPMENT SERVICES[FUNDING SOURCE(S): JUVENILE JUSTICE CRIME PREVENTION ACT FUNDS AND GENERAL PURPOSE REVENUE]

4. ADMINISTRATIVE ITEM: SECOND CONSIDERATION AND ADOPTION OF AN ORDINANCE: SUNSET REVIEW OF ADMINISTRATIVE CODE PROVISIONS APPLICABLE TO THE PUBLIC SAFETY GROUP

TUESDAY, JANUARY 08, 2013 2

Category Agenda # Subject

5. SECURITY GUARD SERVICES FOR HEALTH AND HUMAN SERVICES AGENCY FACILITIES[FUNDING SOURCE(S): SOCIAL SERVICES ADMINISTRATION REVENUE, REALIGNMENT FUNDS, AND MISCELLANEOUS HEALTH REVENUES]

Community Services

6. REGISTRAR OF VOTERS – DECLARATION OF ELECTION RESULTS – NOVEMBER 6, 2012 PRESIDENTIAL GENERAL ELECTION

7. HEALTH AND HUMAN SERVICES AGENCY - NEW LEASE AGREEMENT WITH THE INTERINSURANCE EXCHANGE OF THE AUTOMOBILE CLUB FOR AN ACCESS CALL CENTER AT 8765 FLETCHER PARKWAY, LA MESA[FUNDING SOURCE(S): SOCIAL SERVICES ADMINISTRATIVE REVENUE AND SOCIAL SERVICES REALIGNMENT REVENUE]

8. ADMINISTRATIVE ITEM: SECOND CONSIDERATION AND ADOPTION OF AN ORDINANCE: SUNSET REVIEW AND AMENDMENTS TO BOARD POLICIES AND COUNTY ADMINISTRATIVE CODES ASSIGNED TO THE COMMUNITY SERVICES GROUP (BOARD POLICIES AND FIRST READING OF ORDINANCE – 12/4/2012; SECOND READING OF ORDINANCES – 1/8/2013)

Financial and General Government

9. APPOINTMENTS OF BOARD MEMBERS TO BOARDS, COMMISSIONS AND COMMITTEES

10. CHAPTER VIII AGREEMENT NO. 7038 TO PURCHASE TAX-DEFAULTED LAND BY COUNTY OF SAN DIEGO, DEPARTMENT OF PARKS AND RECREATION[FUNDING SOURCE(S): CAPITAL MULTIPLE SPECIES CONSERVATION PROGRAM]

11. NOTICED PUBLIC HEARING: CONFLICT OF INTEREST CODES: VARIOUS AGENCIES

12. TIER C EMPLOYER AND EMPLOYEE RETIREMENT CONTRIBUTION RATES FOR FISCAL YEAR 2012-13

Category Agenda # Subject

TUESDAY, JANUARY 08, 2013 3

13. ADOPT AN ORDINANCE AMENDING THE SAN DIEGO COUNTY ADMINISTRATIVE CODE TO REPLACE THE TITLE OF THE OFFICE OF INTERNAL AFFAIRS WITH THE TITLE OF OFFICE OF ETHICS AND COMPLIANCE AND REDEFINE THE RESPONSIBILITIES OF THE OFFICE (1/8/2013 – FIRST READING; 1/29/2013 - SECOND READING)

14. AMENDMENTS TO THE LABOR RELATIONS ORDINANCE (1/8/2013 – FIRST READING; 1/29/2013 – SECOND READING)

15. ENCINITAS UNION SCHOOL DISTRICT GENERAL OBLIGATION BONDS, ELECTION OF 2010, SERIES 2013

16. ADMINISTRATIVE ITEM: SECOND CONSIDERATION AND ADOPTION OF AN ORDINANCE: AMENDMENTS TO THE COMPENSATION ORDINANCE

Communications Received

17. COMMUNICATIONS RECEIVED

Appointments 18. ADMINISTRATIVE ITEM:APPOINTMENTS

Closed Session 19. CLOSED SESSION

Public Communication

20. PUBLIC COMMUNICATION

TUESDAY, JANUARY 08, 2013 4

2. SUBJECT: DISTRICT ATTORNEY – REQUEST TO EXECUTE A REVENUE AGREEMENT FROM THE CHULA VISTA POLICE DEPARTMENT FOR THE SOUTHWEST BORDER ANTI-MONEY LAUNDERING ALLIANCE (DISTRICTS: ALL)

OVERVIEW:This is a request to authorize the District Attorney to execute a revenue agreement in the amount of $543,000 from the Chula Vista Police Department (CVPD) for the Southwest Border Anti-Money Laundering Alliance (SWBAMLA). The Alliance was created to enhance coordination of anti-money laundering efforts in the Southwest Border Area, with the goal of reducing money laundering and thereby reducing violence associated with smuggling organizations. The proposed revenue agreement was not received until October 31, 2012, but will fund a District Attorney Investigator’s participation in the investigation and prosecution of money laundering activities from July 1, 2012 to June 30, 2015. Accordingly, the effective date of the revenue agreement will be retroactive to July 1, 2012. Up to $32,000 in additional funding may also be allocated in future years, for a total contract amount not to exceed $575,000.

FISCAL IMPACT:If approved, this request will result in current year costs of $191,296, and over-realized revenue of $176,936 in the District Attorney’s Office. The funding sources are a revenue agreement with the Chula Vista Police Department for the Southwest Border Anti-Money Laundering Alliance ($176,936), and general purpose revenue ($14,360). Future year revenue is projected at up to $398,064, with total revenue for all years not to exceed $575,000. This revenue agreement will reimburse the direct costs for one District Attorney Investigator. A waiver of Board Policy B-29 is requested for unfunded indirect costs estimated at $44,106 for the three year period.

The District Attorney will return to your Board should additional action be required for compliance with related laws and policies. There will be no change in net General Fund cost and no additional staff years.

BUSINESS IMPACT STATEMENT:N/A

RECOMMENDATION:DISTRICT ATTORNEY1. Waive Board Policy B-29, Fees, Grants, Revenue Contracts – Department

Responsibility for Cost Recovery, which requires full cost recovery for revenue agreements, as this program does not recover full cost, and requires docketing revenue contracts with the Board at least 60 days prior to effective date of the contract, as the contract was not received until October 31, 2012.

2. Authorize the District Attorney to execute a revenue agreement from the Chula Vista Police Department, for the Southwest Border Anti-Money Laundering Alliance in an amount not to exceed $575,000 for the period July 1, 2012 through June 30, 2015.

TUESDAY, JANUARY 08, 2013 1

3. Authorize the District Attorney to review and execute all required or related revenue agreement documents for the Southwest Border Anti-Money Laundering Alliance program, including agreements for the distribution of funds where necessary to carry out the purposes of the program, and any annual extensions, amendments, and/or revisions thereof that do not materially impact or alter the services or funding level.

ACTION:ON MOTION of Supervisor R. Roberts, seconded by Supervisor D. Roberts, the Board took action as recommended, on Consent.

AYES: Cox, Jacob, D. Roberts, R. Roberts, Horn

3. SUBJECT: PROBATION DEPARTMENT – REQUEST FOR PROPOSALS FOR JUVENILE DELINQUENCY PREVENTION AND DEVELOPMENT SERVICES (DISTRICTS: ALL)

OVERVIEW:The Probation Department requests authority for the Department of Purchasing and Contracting to issue Competitive Solicitations (Request for Proposal) to competitively procure juvenile development and delinquency prevention services for the Community Assessment Teams (CAT) program, which is scheduled to expire on June 30, 2013.

FISCAL IMPACT:Funds in the amount of $4,625,330 are included in the Fiscal Year 2012-14 Operational Plan for the Probation Department. If approved, this request will result in estimated costs and revenue of $4,625,330 in Fiscal Year 2013-14. The funding sources for the CAT program are Juvenile Justice Crime Prevention Act Funds ($3,671,155) and General Purpose Revenue ($954,175). There will be no change in net General Fund cost and no additional staff years.

BUSINESS IMPACT STATEMENT:N/A

RECOMMENDATION:CHIEF ADMINISTRATIVE OFFICERIn accordance with Section 401, Article XXIII of the County Administrative Code authorize the Director, Department of Purchasing and Contracting to issue a Competitive Solicitation for a juvenile development and delinquency prevention program, and upon successful negotiations and determination of a fair and reasonable price, award contracts for a term of three (3) years, with an option to renew two (2) additional years and up to an additional six months if needed, and to amend the contracts as needed to reflect changes to services and funding that do not materially impact or alter the program, subject to the approval of the Chief Probation Officer.

TUESDAY, JANUARY 08, 2013 2

ACTION:ON MOTION of Supervisor R. Roberts, seconded by Supervisor D. Roberts, the Board took action as recommended, on Consent.

AYES: Cox, Jacob, D. Roberts, R. Roberts, Horn

4. SUBJECT: ADMINISTRATIVE ITEM: SECOND CONSIDERATION AND ADOPTION OF AN ORDINANCE: SUNSET REVIEW OF ADMINISTRATIVE CODE PROVISIONS APPLICABLE TO THE PUBLIC SAFETY GROUP (DISTRICTS: ALL)

OVERVIEW:In accordance with Board of Supervisors Policy A-76, Sunset Review Process, the Public Safety Group periodically reviews certain Board policies and provisions of the County Administrative Code to ensure that obsolete policies and Administrative Code provisions are deleted and remaining policies reflect current Board standards and practices.

On December 4, 2012 (3) your Board approved the introduction of an Ordinance to amend select provisions of the County Administrative Code to align with current practices and terminology. Today’s action submits the Ordinance for further Board consideration and adoption.

FISCAL IMPACT:There is no fiscal impact associated with the recommended action.

BUSINESS IMPACT STATEMENT:N/A

RECOMMENDATION:CHIEF ADMINISTRATIVE OFFICERApprove the sunset review date of December 31, 2019 and adopt the Ordinance entitled:

AN ORDINANCE AMENDING SECTION 361, SECTION 365 AND 366 OF ARTICLE XX AND RELATED REFERENCES, SECTION 366 OF ARTICLE XXA, ARTICLE XXV, AND SECTION 692 OF THE SAN DIEGO COUNTY ADMINISTRATIVE CODE RELATING TO THE SHERIFF’S DEPARTMENT AND PUBLIC DEFENDER CONFLICT-FREE REPRESENTATION.

ACTION:TUESDAY, JANUARY 08, 2013 3

ON MOTION of Supervisor R. Roberts, seconded by Supervisor D. Roberts, the Board took action as recommended, on Consent, adopting Ordinance No. 10242 (N.S.) entitled: AN ORDINANCE AMENDING SECTION 361, SECTION 365 AND 366 OF ARTICLE XX AND RELATED REFERENCES, SECTION 366 OF ARTICLE XXA, ARTICLE XXV, AND SECTION 692 OF THE SAN DIEGO COUNTY ADMINISTRATIVE CODE RELATING TO THE SHERIFF’S DEPARTMENT AND PUBLIC DEFENDER CONFLICT-FREE REPRESENTATION.

AYES: Cox, Jacob, D. Roberts, R. Roberts, Horn

5. SUBJECT: SECURITY GUARD SERVICES FOR HEALTH AND HUMAN SERVICES AGENCY FACILITIES (DISTRICTS: ALL)

OVERVIEW:The Health and Human Services Agency (HHSA) contracts for security services at a number of facilities, including Regional Family Resource Centers, Edgemoor Hospital, the A.B. and Jessie Polinsky Children’s Center, and the San Diego County Psychiatric Hospital, among others. The last option on the current contract expires June 30, 2013, and HHSA desires to ensure this critical service continues uninterrupted.

Board action is requested to authorize the Director, Purchasing and Contracting to award a contract for security guard services based on best value after completion of a competitive solicitation and subject to successful negotiations. This action supports the County’s adopted Live Well, San Diego! Initiative by providing our customers and County staff a safe environment.

FISCAL IMPACT:Funds for this request are included in the Fiscal Year (FY) 2012-14 Operational Plan for HHSA. If approved, this request will result in estimated costs and revenues of $5,295,932 for FY 2013-14, and $5,454,810 will be included in the FY 2013-15 Operational Plan for HHSA for FY 2014-15. Funding sources are Social Services Administration Revenue, Realignment Funds, and Miscellaneous Health Revenues. There will be no change in net General Fund cost and no additional staff years.

BUSINESS IMPACT STATEMENT:N/A

RECOMMENDATION:CHIEF ADMINISTRATIVE OFFICERIn accordance with Section 401, Article XXIII of the County Administrative Code, authorize the Director of the Department of Purchasing and Contracting to issue a Competitive Solicitation for a security services contractor for Health and Human Services Agency (HHSA) and upon completion of successful negotiations and determination of a fair and reasonable price, award a contract for an initial term of up to one year, with up to four option years, and up to an additional six months if

TUESDAY, JANUARY 08, 2013 4

needed, subject to the availability of funds; and to amend the contract as needed to reflect changes to services and funding, subject to the approval of the Director, Health and Human Services Agency.

ACTION:ON MOTION of Supervisor R. Roberts, seconded by Supervisor D. Roberts, the Board took action as recommended, on Consent.

AYES: Cox, Jacob, D. Roberts, R. Roberts, Horn

6. SUBJECT: REGISTRAR OF VOTERS – DECLARATION OF ELECTION RESULTS – NOVEMBER 6, 2012 PRESIDENTIAL GENERAL ELECTION (DISTRICTS: ALL)

OVERVIEW:The November 6, 2012 Presidential General Election ballot included candidates for the County of San Diego Board of Supervisors, District 3 office. State law (Elections Code Section 15400) provides that the governing body will declare the election results for those offices under its jurisdiction. The Registrar of Voters certified election results on December 4, 2012.

FISCAL IMPACT:If approved, this request will result in no change in net General Fund cost and no additional staff years.

BUSINESS IMPACT STATEMENT:N/A

RECOMMENDATION:CHIEF ADMINISTRATIVE OFFICERAdopt the Resolution entitled: DECLARATION OF RESULTS FOR THE NOVEMBER 6, 2012 PRESIDENTIAL GENERAL ELECTION RELATING TO COUNTY OF SAN DIEGO OFFICES.

ACTION:ON MOTION of Supervisor R. Roberts, seconded by Supervisor D. Roberts, the Board took action as recommended, on Consent, adopting Resolution No. 13-001, entitled: DECLARATION OF RESULTS FOR THE NOVEMBER 6, 2012 PRESIDENTIAL GENERAL ELECTION RELATING TO COUNTY OF SAN DIEGO OFFICES.

AYES: Cox, Jacob, D. Roberts, R. Roberts, Horn

TUESDAY, JANUARY 08, 2013 5

7. SUBJECT: HEALTH AND HUMAN SERVICES AGENCY - NEW LEASE AGREEMENT WITH THE INTERINSURANCE EXCHANGE OF THE AUTOMOBILE CLUB FOR AN ACCESS CALL CENTER AT 8765 FLETCHER PARKWAY, LA MESA (DISTRICTS: ALL)

OVERVIEW:The Health and Human Services Agency, as part of a continuing effort to provide quality customer service to a variety of clients, has identified a new site for the ACCESS Customer Service Center at 8765 Fletcher Parkway in the city of La Mesa. The ACCESS Customer Service Center is an extension of the Family Resource Centers and serves residents, providers and other government agencies by answering questions or other needs related to Family Resource Center programs or services. The Health and Human Services Agency is proposing to lease the second and third floors of a three-story building with a right of first refusal to lease the first floor. The building is owned by the Interinsurance Exchange of the Automobile Club. The City of La Mesa has confirmed that this proposed office use is consistent with its General Plan and the current zoning of the property.

The Board is requested to approve a new 11-year lease, with two 5-year options to extend the term, with the Interinsurance Exchange of the Automobile Club. The proposed lease is for 32,044 square feet of office space with an occupancy cost of $70,295 per month, which includes estimated separately billed electrical costs and costs of supplemental parking with the Metropolitan Transit System. This rent is within the range of recent comparable transactions for space of this type in the La Mesa area. The Health and Human Services Agency completed a space validation that supports the projected need for 40,000 square feet of lease space. The Interinsurance Exchange of the Automobile Club would construct the tenant improvements for a planned occupancy date of May 1, 2013.

FISCAL IMPACT:Funds for this request are included in the Fiscal Year 2012-13 Operational Plan for the Health and Human Services Agency. If approved, this request will result in current year costs, including utilities, of $73,242, and Fiscal Year 2013-14 costs of $701,486. These costs are based upon rents adjusting as each phase of the leased space is completed. The funding source is Social Services Administrative Revenue and Social Services Realignment revenue. In accordance with the lease agreement, regular rent increases would occur annually at a rate of 3% of the previous year lease costs.

The County would also have an option, if deemed necessary, to separately pay the Metropolitan Transit System approximately $1,400 per month for supplemental parking. There will be no change in net General Fund cost and no additional staff years.

BUSINESS IMPACT STATEMENT:N/A

TUESDAY, JANUARY 08, 2013 6

RECOMMENDATION:CHIEF ADMINISTRATIVE OFFICER1. Find, in accordance with Section 15301 of the California Environmental

Quality Act (CEQA) Guidelines, that this project is exempt from CEQA review because it involves the leasing and minor alteration of an existing facility resulting in negligible or no expansion of existing use.

2. Approve and authorize the Director, Department of General Services, to execute the lease with the Interinsurance Exchange of the Automobile Club for 32,044 square feet of space at 8765 Fletcher Parkway, La Mesa with a right of first refusal to expand the leased premises up to a total of 43,535 square feet if the first floor space becomes available.

3. Authorize the Director, Department of General Services, to exercise the option to expand the leased premises up to a total of 43,535 square feet, extend the lease prior to its expiration, and to amend the lease as needed to implement the extension and expansion terms, if appropriate.

4. Approve and authorize the Director, Department of General Services, to execute an assignment of the parking lease between the Interinsurance Exchange of the Automobile Club and Metropolitan Transit System for 70 supplemental parking spaces located at the Grossmont Transit Center in La Mesa, if and when the additional parking is deemed necessary.

ACTION:ON MOTION of Supervisor R. Roberts, seconded by Supervisor D. Roberts, the Board took action as recommended, on Consent.

AYES: Cox, Jacob, D. Roberts, R. Roberts, Horn

8. SUBJECT: ADMINISTRATIVE ITEM: SECOND CONSIDERATION AND ADOPTION OF AN ORDINANCE: SUNSET REVIEW AND AMENDMENTS TO BOARD POLICIES AND COUNTY ADMINISTRATIVE CODES ASSIGNED TO THE COMMUNITY SERVICES GROUP (BOARD POLICIES AND FIRST READING OF ORDINANCE – 12/4/2012; SECOND READING OF ORDINANCES – 1/8/2013) (DISTRICTS: ALL)

TUESDAY, JANUARY 08, 2013 7

OVERVIEW:On December 4, 2012 (13), the Board of Supervisors introduced the Ordinance for further consideration and adoption on January 8, 2013.

In accordance with Board of Supervisors Policy A-76, Sunset Review, the County’s five business groups periodically review certain Board policies and applicable Articles of the County Administrative Code to ensure that obsolete policies and Code provisions are deleted, and that remaining policies and code provisions reflect current standards and practices. The Community Services Group recently reviewed the following seven Board policies and four sections of the Administrative Code:

Policy Number Name_______________________

Board Policy A-87 Competitive Procurement

Board Policy A-109 Guidelines for Review of Cities’ Redevelopment Projects

Board Policy F-24 Eminent Domain Procedure

Board Policy F-40 Procuring Architectural, Engineering, And Related Professional Services

Board Policy F-47 Procuring Professional Services to Assist with County Acquisition and Leasing of Real Property

Board Policy I-81 Rights-of-Way Over, Under, Along or Through County of District Real Property

Board Policy J-33 The Use of the Board of Supervisors' Power of Eminent Domain on behalf of Private Developers

Administrative Code Sec. 401 Procurement

Administrative Code Sec. 419 Transfer and Sale of Equipment and Supplies Between County Departments and the Provision of Services by One County Department to Another

Administrative Code Sec. 420 Report of Personal Property No Longer Needed By a County Department

Administrative Code Sec. 421 Acquisition of Excess Property from Director of Purchasing and Contracting

This action requires two steps. On December 4, 2012, the Board considered approving amendments to these Board policies and sections of the County Administrative Code. As the Board took the actions on December 4, 2012, then on

TUESDAY, JANUARY 08, 2013 8

January 8, 2013, the Board will adopt an Ordinance Amending Sections 401, 419, 420 and 421 of the San Diego County Administrative Code Relating to the Department of Purchasing & Contracting.

FISCAL IMPACT:There is no fiscal impact associated with the recommended actions.

BUSINESS IMPACT STATEMENT:N/A

RECOMMENDATION:CHIEF ADMINISTRATIVE OFFICERAdopt the Ordinance entitled:

AN ORDINANCE AMENDING SECTIONS 401, 419, 420 AND 421 OF THE SAN DIEGO COUNTY ADMINISTRATIVE CODE RELATING TO THE DEPARTMENT OF PURCHASING AND CONTRACTING.

ACTION:ON MOTION of Supervisor R. Roberts, seconded by Supervisor D. Roberts, the Board took action as recommended, on Consent, adopting Ordinance No. 10243 (N.S.) entitled: AN ORDINANCE AMENDING SECTIONS 401, 419, 420 AND 421 OF THE SAN DIEGO COUNTY ADMINISTRATIVE CODE RELATING TO THE DEPARTMENT OF PURCHASING AND CONTRACTING.

AYES: Cox, Jacob, D. Roberts, R. Roberts, Horn

9. SUBJECT: APPOINTMENTS OF BOARD MEMBERS TO BOARDS, COMMISSIONS AND COMMITTEES (DISTRICTS: ALL)

OVERVIEW:The Board of Supervisors annually appoints Board Members to the boards, commissions and committees listed in Attachment A.

FISCAL IMPACT:N/A

BUSINESS IMPACT STATEMENT:N/ARECOMMENDATION:VICE-CHAIRMAN COXAppoint members of the Board of Supervisors to boards, commissions and committees as proposed in Attachment A.

ACTION:Noting for the record that the members of the Polinsky Children’s Center will be Supervisor Greg Cox and Supervisor Ron Roberts, and the Alternate will be

TUESDAY, JANUARY 08, 2013 9

Supervisor Dave Roberts; and for the California State Association of Counties (CSAC) the second alternate will be Supervisor Dave Roberts; ON MOTION of Supervisor R. Roberts, seconded by Supervisor D. Roberts, the Board made the following appointments as recommended, on Consent:

COMMITTEE NAMES APPOINTED

Board of Supervisors’ Committees:County Administration Center Building Occupancy Cox / R. RobertsCounty Administration Center Waterfront Park Cox / R. RobertsMultiple Species Conservation Program Review D. Roberts / JacobNorth County Multiple Species Conservation Program

Horn / Jacob

Polinsky Children’s Center Cox / R. RobertsD. Roberts (Alternate)

San Pasqual Academy Cox / R. RobertsSchools Subcommittee Cox / JacobSummit on Aging Jacob / CoxU.S./Mexico Border Counties Coalition Cox

Jacob (Alternate)

Other Committees:

California Identification System Remote Access Network

Jacob

California State Association of Counties (CSAC) CoxHorn (Alternate)D. Roberts (2nd Alternate)(Terms ending 10/31/13)

City-County Reinvestment Task Force R. RobertsFirst 5 Commission (Chair) R. RobertsGoodan Ranch Regional Park JPA Policy Committee JacobHarry Griffen Regional Park JPA JacobIndian Gaming Local Benefit Committee JacobLocal Agency Formation Commission (LAFCO)* Horn / Jacob

Cox (Alternate)Los Penasquitos Canyon Preserve Task Force D. RobertsMetropolitan Transit System Board* R. Roberts

Cox (Alternate)Mission Trails Regional Park Task Force Jacob / D. RobertsNational Association of Counties (NACo) Horn

D. Roberts (Alternate)

TUESDAY, JANUARY 08, 2013 10

North San Diego County Transit Development Board* HornD. Roberts (Alternate)

Otay Valley Regional Park Policy Committee CoxRincon Shared Benefit Fund Selection Committee HornSan Diego Association of Governments (SANDAG)* Cox (Seat 1)

R. Roberts (Seat 1 - Alternate)D. Roberts (Seat 1 - 2nd

Alternate)Horn (Seat 2)Jacob (Seat 2 - Alternate)

SANDAG Committees:Bayshore Bikeway CoxBorders Committee* Cox

D. Roberts (Alternate)Executive Committee* Cox

Horn (Alternate)Public Safety Committee* Horn

Cox (Alternate)Regional Housing Task Force D. RobertsRegional Planning Committee* D. Roberts

Horn (Alternate)Shoreline Preservation Working Group D. RobertsTransportation Committee* R. Roberts

Cox (1st Alternate)Jacob (2nd Alternate)

San Diego County Juvenile Justice Coordinating Council

Cox

San Diego County Mental Health Board D. RobertsSan Diego County Regional Airport Authority* Cox (term 2/1/13 to

1/31/16)San Diego County Water Authority Horn (Non-Voting

Member)D. Roberts (Alternate)

San Diego Regional Building Authority Cox / R. Roberts San Diego Workforce Partnership, Inc., Policy Board Cox / R. Roberts

D. Roberts (Alternate)San Dieguito River Park JPA Jacob / D. RobertsSanta Margarita River Watershed Management Program Policies Committee

Horn

SDG&E/Stakeholders Fire Safety Collaborative Process JacobHorn (Alternate)

Solid Waste Hearing Panel R. Roberts (Term ending 1/3/17)

TUESDAY, JANUARY 08, 2013 11

Tobacco Securitization JPA- Sacramento HornTobacco Securitization JPA-San Diego Cox / HornUnified San Diego County Disaster Council (Chair) CoxUrban County Caucus Cox

Horn (1st Alternate)Geoff Patnoe (2nd

Alternate)

AYES: Cox, Jacob, D. Roberts, R. Roberts, Horn

10. SUBJECT: CHAPTER VIII AGREEMENT NO. 7038 TO PURCHASE TAX-DEFAULTED LAND BY COUNTY OF SAN DIEGO, DEPARTMENT OF PARKS AND RECREATION(DISTRICT: 2)

OVERVIEW:When a property owner fails to pay property taxes by the end of the fiscal year, the property becomes tax defaulted. If the property remains tax defaulted for five years, the property then becomes subject to the Treasurer-Tax Collector’s Power to Sell. Statutory requirements are met pursuant to Revenue and Taxation Code Section 3691, et seq. prior to the property being offered at sale. Prior to sale, taxing agencies are notified of the scheduled sale and provided an opportunity to object to the sale of individual property scheduled for public auction and acquire that property for public purpose, in accordance with Section 3695 and Chapter VIII of the California Revenue and Taxation Code.

The County of San Diego, Department of Parks and Recreation has offered to purchase one (1) 34-acre parcel of tax-defaulted property adjacent to the County’s Volcan Mountain Preserve. This property is in the future East County Multiple Species Conservation Program (MSCP) study area and will add a valuable piece of habitat to the Volcan Mountain Preserve for the public purpose of preserving open space. In accordance with Chapter VIII of the California Revenue and Taxation Code, we have prepared the proposed agreement for your approval.

FISCAL IMPACT:If approved, this request will result in no current year or annual cost. Proceeds of $2,600.00 from the sale of one (1) 34-acre parcel to the Department of Parks and Recreation will be used to redeem the delinquent prior year and current year taxes, costs and fees. Any funds remaining after satisfaction of all taxes, fees and costs of sale will be retained in the delinquent tax sale trust fund for a period of one year following the recordation of the tax deed to the purchaser of the property. During that period, any party of interest in the property at the time of the sale may apply for the proceeds by submitting a claim. Unclaimed excess proceeds shall be eligible for escheatment into the County’s General Fund. Funds for the purchase of one (1) 34-acre parcel are included in the Fiscal Year 2012-13 Operational Plan in the Capital Multiple Species Conservation Program.

BUSINESS IMPACT STATEMENT:TUESDAY, JANUARY 08, 2013 12

N/A

RECOMMENDATION:TREASURER-TAX COLLECTOR1. Adopt the Resolution entitled:

A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF SAN DIEGO CONCERNING THE PROPOSED CHAPTER VIII AGREEMENT SALE NO. 7038 OF TAX-DEFAULTED PROPERTY TO COUNTY OF SAN DIEGO, DEPARTMENT OF PARKS AND RECREATION.

2. Adopt the Agreement approving the sale by Chapter VIII Agreement No. 7038 of one (1) 34-acre parcel of land, subject to the Treasurer-Tax Collector’s Power to Sell for Defaulted Taxes to the County of San Diego, Department of Parks and Recreation and authorize execution of said Agreements (2 copies) by the Chairperson, attested by the Clerk of the Board of Supervisors, and authorize the Director of the Department of Parks and Recreation to execute said Agreements (2 copies).

ACTION:ON MOTION of Supervisor R. Roberts, seconded by Supervisor D. Roberts, the Board took action as recommended, on Consent, adopting Resolution No. 13-002, entitled: A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF SAN DIEGO CONCERNING THE PROPOSED CHAPTER VIII AGREEMENT SALE NO. 7038 OF TAX-DEFAULTED PROPERTY TO COUNTY OF SAN DIEGO, DEPARTMENT OF PARKS AND RECREATION.

AYES: Cox, Jacob, D. Roberts, R. Roberts, Horn

11. SUBJECT: NOTICED PUBLIC HEARING: CONFLICT OF INTEREST CODES: VARIOUS AGENCIES (DISTRICTS: ALL)

OVERVIEW:The Board of Supervisors serves as the Conflict of Interest Code Reviewing Board for any local government agency, other than cities, with jurisdiction wholly within the county and all County Departments, per Government Code Section 82011. Pursuant to Government Code Section 87306.5, the Clerk of the Board of Supervisors coordinated, on behalf of the Board, the Biennial Review of Conflict of Interest Codes for all County departments and local agencies. This letter is a result of the Biennial Review of Conflict of Interest Codes pursuant to Government Code Section 87306.5.

FISCAL IMPACT:The funding source for administration of this task is included in the Fiscal Year 2012/2013 Adopted Budget. These reviews require minor costs, which may be recoverable from the State of California.

BUSINESS IMPACT STATEMENT:TUESDAY, JANUARY 08, 2013 13

N/A

RECOMMENDATION:CHIEF ADMINISTRATIVE OFFICERApprove the Conflict of Interest Code adopted by the: Iftin Charter School North County Dispatch Joint Power Authority Oceanside Unified School District The O’Farrell Charter Schools

ACTION:ON MOTION of Supervisor R. Roberts, seconded by Supervisor D. Roberts, the Board of Supervisors closed the Hearing and took action as recommended, on Consent.

AYES: Cox, Jacob, D. Roberts, R. Roberts, Horn

12. SUBJECT: TIER C EMPLOYER AND EMPLOYEE RETIREMENT CONTRIBUTION RATES FOR FISCAL YEAR 2012-13 (DISTRICTS: ALL)

OVERVIEW:On September 12, 2012, the Governor signed Assembly Bill 340 (“AB 340”), the California Public Employees’ Pension Reform Act (“CalPEPRA”) which provisions apply to all public employers and public pension plans who become new members on or after January 1, 2013. As the result of that action, your Board adopted on October 30, 2012 (17), Resolution No. 12-163 and Resolution No. 12-164 which implements reduced retirement benefits imposed by AB 340 for employees who become new members of the San Diego County Employees Retirement Association (“SDCERA”) on or after January 1, 2013. This new tier (“Tier C”) of retirement benefits will be applicable to new employees who become new members and start employment with the County on or after December 1, 2012.

At a regular meeting on December 6, 2012, the Board of Retirement (“Retirement Board”) approved the CalPERA employer and employee contribution rates calculated by its actuary, The Segal Group Inc., (“Actuary”).

Today’s recommendation requests that the Board adopt the recommended normal cost rates, as approved by the Retirement Board, of 7.05% for Tier C General Members and 12.58% for Tier C Safety Members and adopt the employer rates of 7.05% for Tier C General members and 12.58% for Safety members. The unfunded actuarial accrued liability (UAAL) rates were adopted by your Board on May 1, 2012 (11) based on the June 30, 2011 actuarial report. This will result in combined Tier C rates of 20.97% for General members and 32.76% for Safety members.

FISCAL IMPACT:The fiscal impact associated with today’s recommendations is unknown at this

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time. The action before your Board today is anticipated to result in a short and long-term cost reduction to the County’s share of the retirement costs for Tier C members. The actual fiscal impact to all participating employers (County and non-County) will be based on the number of new members entering the system over time.

BUSINESS IMPACT STATEMENT:N/A

RECOMMENDATION:SAN DIEGO COUNTY BOARD OF RETIREMENT Adopt the San Diego County employer and employee retirement contribution rates for Tier C members to be implemented beginning January 11, 2013 through June 30, 2013 as recommended approved by the Retirement Board on December 6, 2012.

CHIEF ADMINISTRATIVE OFFICERAdopt the San Diego County employer and employee retirement contribution rates for Tier C members to be implemented beginning January 11, 2013 through June 30, 2013 as recommended by the Retirement Board on December 6, 2012.

ACTION:ON MOTION of Supervisor R. Roberts, seconded by Supervisor D. Roberts, the Board took action as recommended, on Consent.

AYES: Cox, Jacob, D. Roberts, R. Roberts, Horn

13. SUBJECT: ADOPT AN ORDINANCE AMENDING THE SAN DIEGO COUNTY ADMINISTRATIVE CODE TO REPLACE THE TITLE OF THE OFFICE OF INTERNAL AFFAIRS WITH THE TITLE OF OFFICE OF ETHICS AND COMPLIANCE AND REDEFINE THE RESPONSIBILITIES OF THE OFFICE (1/8/2013 – FIRST READING; 1/29/2013 - SECOND READING) (DISTRICTS: ALL)

OVERVIEW:To assist in establishing an integrated and more robust County-wide ethics and compliance program, the County’s ethics and compliance functions will be merged under the Office of Internal Affairs (OIA). As a consequence, the OIA will be renamed the Office of Ethics and Compliance (OEC). The OEC will be responsible for managing the County’s ethics and compliance programs with an emphasis on program oversight, education, training, monitoring and reporting. As such, the OEC will play a key role in assisting the County in continuing to promote an organizational culture of ethical conduct and compliance with federal and State laws, rules, regulations, ethical standards, statutes, County of San Diego-specific policies and procedures, and the identification of alleged non-compliance for

TUESDAY, JANUARY 08, 2013 15

corrective action purposes.

The proposed amendments to County Administrative Code sections 122, 125, 125.2 and 496(d) would replace the title “Office of Internal Affairs” with the title “Office of Ethics and Compliance”, as well as redefine the responsibilities of the office.

Today’s request requires two steps. On January 8, 2013, it is requested that the Board approve the introduction of an Ordinance amending sections 122, 125, 125.2 and 496(d) of the San Diego County Administrative Code. If the Board takes the actions recommended on January 8, 2013, then on January 29, 2013, the Board is requested to adopt an Ordinance amending sections 122, 125, 125.2 and 496(d) of the San Diego County Administrative Code.

FISCAL IMPACT:There is no fiscal impact associated with the approval of these recommendations. There are no additional staff years and no net General Fund impact.

BUSINESS IMPACT STATEMENT:N/A

RECOMMENDATION:CHIEF ADMINISTRATIVE OFFICEROn January 8, 2013:Approve the introduction of an Ordinance amending sections 122, 125, 125.2 and 496(d) of the San Diego County Administrative Code, (first reading), read title and waive further reading of the following Ordinance:

AN ORDINANCE AMENDING THE SAN DIEGO COUNTY ADMINISTRATIVE CODE TO REPLACE THE TITLE OF THE OFFICE OF INTERNAL AFFAIRS WITH THE TITLE OF OFFICE OF ETHICS AND COMPLIANCE AND REDEFINE THE RESPONSIBILITIES OF THE OFFICE.

If, on January 8, 2013, the Board takes action as recommended above, then on January 29, 2013:

Consider and adopt the Ordinance amending sections 122, 125, 125.2 and 496(d) of the San Diego County Administrative Code (second reading).

TUESDAY, JANUARY 08, 2013 16

ACTION:ON MOTION of Supervisor R. Roberts, seconded by Supervisor D. Roberts, the Board took action as recommended, on Consent, introducing the Ordinance for further Board consideration and adoption on January 29, 2013.

AYES: Cox, Jacob, D. Roberts, R. Roberts, Horn

14. SUBJECT: AMENDMENTS TO THE LABOR RELATIONS ORDINANCE (1/8/2013 – FIRST READING; 1/29/2013 – SECOND READING) (DISTRICTS: ALL)

OVERVIEW:The proposed amendments to the San Diego County Labor Relations Ordinance provide updates to the Ordinance to account for technical and legal changes since its last revision in September 1995, and to account for recent legislative actions implementing a mandatory fact-finding dispute resolution process. These amendments include 1) modifying existing and adding new definitions and making non-substantive, grammatical changes; 2) modifying language to be consistent with and to comply with current law; 3) eliminating duplicative language; 4) clarifying ambiguous language; 5) reformatting various sections; and, 6) adding new provisions to address recent law changes. The County consulted with the recognized employee organizations regarding these proposed changes as required by law.

FISCAL IMPACT:There will be no increase in net General Fund cost and no additional staff years.

BUSINESS IMPACT STATEMENT:N/A

RECOMMENDATION:CHIEF ADMINISTRATIVE OFFICEROn January 8, 2013 (First Reading):

Approve the introduction of the following Ordinance (first reading); read title and waive further reading of the Ordinance:

AN ORDINANCE AMENDING THE LABOR RELATIONS ORDINANCE.

If on January 8, 2013, the Board takes the action recommended above, then on January 29, 2013 (Second Reading):

Consider and adopt the Ordinance amending the Labor Relations Ordinance on January 29, 2013.

TUESDAY, JANUARY 08, 2013 17

ACTION:Noting for the record that there is a change in the attachment, “Summary of Significant Labor Relations Ordinance (LRO) Changes,” in Article VI: Resolving Unit Determination and Representation Questions, Section 4: Decertification, Certification, Unit Modification, modifying language regarding proof of support. The change identifies that when a recognized or registered employee organization submits proof of support for Unit Certification, or Unit Modification, the level of proof has been lowered to 30%. The level of proof for decertification has been lowered from 50% to 35%. ON MOTION of Supervisor R. Roberts, seconded by D. Roberts, the Board took action as recommended, on Consent, introducing the Ordinance for further Board consideration and adoption on January 29, 2013.

AYES: Cox, Jacob, D. Roberts, R. Roberts, Horn

15. SUBJECT: ENCINITAS UNION SCHOOL DISTRICT GENERAL OBLIGATION BONDS, ELECTION OF 2010, SERIES 2013 (DISTRICT: 3)

OVERVIEW:A duly called election was held in the Encinitas Union School District (“District”) in the County of San Diego on November 2, 2010 under the procedures specified in Proposition 39. Approximately 61.6% of those voters casting ballots, which is above the 55% voter approval level required, authorized the issuance of general obligation bonds of the District in the maximum aggregate principal amount of $44,200,000 (“Authorization”).

To date, the Board of Trustees of the District (“District Board”) has issued or caused to be issued $12,998,719 of general obligation bonds under the Authorization. On December 4, 2012, the District Board authorized the issuance of a second series of general obligation bonds in a principal amount not to exceed $10,000,000 and anticipated to be designated the “Encinitas Union School District (San Diego County, California) General Obligation Bonds, Election of 2010, Series 2013 (“Bonds”). Proceeds from the Bonds will be used to finance capital improvements to school facilities as approved by the Authorization; improvements will include infrastructure, facilities and technology upgrades and renovation and energy efficiency improvements. Following the issuance of the Bonds, approximately $21,201,281 of the Authorization will remain for the issuance of additional series of bonds.

Today’s recommendation will authorize the Treasurer-Tax Collector to enter into a Paying Agent Agreement with the District and to formally direct the Auditor and Controller to maintain the tax roll for the Refunding Bonds.

FISCAL IMPACT:Today’s recommendations are solely to authorize the Treasurer-Tax Collector to enter into a Paying Agent Agreement with the District. The Bonds are general obligations of the District, to be paid from ad valorem property taxes levied within the boundaries of Encinitas Union School District, and do not constitute an obligation of the County.

TUESDAY, JANUARY 08, 2013 18

BUSINESS IMPACT STATEMENT:N/A

RECOMMENDATION:CHIEF ADMINISTRATIVE OFFICERAdopt the Resolution entitled:

RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF SAN DIEGO, CALIFORNIA, AUTHORIZING THE ENCINITAS UNION SCHOOL DISTRICT TO SELL BONDS DIRECTLY, DESIGNATING THE COUNTY TREASURER-TAX COLLECTOR AS THE PAYING AGENT AND DIRECTING THE COUNTY AUDITOR AND CONTROLLER TO MAINTAIN TAXES ON THE TAX ROLL FOR THE ENCINITAS UNION SCHOOL DISTRICT (SAN DIEGO COUNTY, CALIFORNIA) GENERAL OBLIGATION BONDS, ELECTION OF 2010, SERIES 2013.

ACTION:ON MOTION of Supervisor R. Roberts, seconded by Supervisor D. Roberts, the Board took action as recommended, on Consent, adopting Resolution No. 13-003, entitled: RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF SAN DIEGO, CALIFORNIA, AUTHORIZING THE ENCINITAS UNION SCHOOL DISTRICT TO SELL BONDS DIRECTLY, DESIGNATING THE COUNTY TREASURER-TAX COLLECTOR AS THE PAYING AGENT AND DIRECTING THE COUNTY AUDITOR AND CONTROLLER TO MAINTAIN TAXES ON THE TAX ROLL FOR THE ENCINITAS UNION SCHOOL DISTRICT (SAN DIEGO COUNTY, CALIFORNIA) GENERAL OBLIGATION BONDS, ELECTION OF 2010, SERIES 2013.

AYES: Cox, Jacob, D. Roberts, R. Roberts, Horn

16. SUBJECT: ADMINISTRATIVE ITEM:SECOND CONSIDERATION AND ADOPTION OF AN ORDINANCE: AMENDMENTS TO THE COMPENSATION ORDINANCE (DISTRICTS: ALL)

OVERVIEW:On December 4, 2012 (26), the Board of Supervisors introduced the Ordinance for further consideration and adoption on January 8, 2012.

The proposed amendments to the San Diego County Compensation Ordinance are part of the ongoing efforts to manage and maintain a skilled and competent workforce dedicated to sustaining operational excellence and serving the public.

TUESDAY, JANUARY 08, 2013 19

This action amends the Compensation Ordinance by establishing one (1) classification in the classified service to reflect organizational changes; re-titling four (4) classifications in the unclassified service and one (1) classification in the classified service; amending the job code/classification characteristics for one (1) classification; deleting three (3) obsolete classifications; amending sections of the Compensation Ordinance pertaining to Overtime and FLSA/NON-FLSA Compensatory Time; Military Leave; Retirement Contribution Offset; and the Employee Recognition and Awards Program.

FISCAL IMPACT:Funds for this request are included in the Fiscal Year 2012-13 Operational Plan for the respective departments. There will be no increase in net General Fund cost and no additional staff years.

Mandated equal sharing of normal retirement costs between the employer and employee and prohibition of employers from paying a portion of the employee’s required contribution for Tier C retirement members will result in budgetary savings. The amount of savings is unknown at this time and will be based on attrition and appointments of new Tier C members to the County’s workforce.

BUSINESS IMPACT STATEMENT:N/A

RECOMMENDATION:CHIEF ADMINISTRATIVE OFFICERAdopt the Ordinance entitled:

AN ORDINANCE AMENDING THE COMPENSATION ORDINANCE.

ACTION:ON MOTION of Supervisor R. Roberts, seconded by Supervisor D. Roberts, the Board took action as recommended, on Consent, adopting Ordinance No. 10244 (N.S.) entitled: AN ORDINANCE AMENDING THE COMPENSATION ORDINANCE AND ESTABLISHING COMPENSATION.

AYES: Cox, Jacob, D. Roberts, R. Roberts, Horn

17. 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.

TUESDAY, JANUARY 08, 2013 20

FISCAL IMPACT:N/A

BUSINESS IMPACT STATEMENT:N/A

RECOMMENDATION:CHIEF ADMINISTRATIVE OFFICERNote and File.

ACTION:ON MOTION of Supervisor R. Roberts, seconded by Supervisor D. Roberts, the Board took action as recommended, on Consent.

AYES: Cox, Jacob, D. Roberts, R. Roberts, Horn

18. SUBJECT: ADMINISTRATIVE ITEM:APPOINTMENTS (DISTRICTS: ALL)

OVERVIEW:These appointments are in accordance with applicable Board Policy A-74, “Citizen Participation in County Boards, Commissions and Committees,” and Board Policy A-77, “Appointments to Fill Vacancies and Cancellation of Election where Insufficient Nominations Filed Prior to Uniform District Election and Citizen Planning Group Election,” Board Policy A-134, “Procedures for Appointment to Resource Conservation District Boards of Directors.”

FISCAL IMPACT:N/A

BUSINESS IMPACT STATEMENT:N/A

RECOMMENDATION:SUPERVISOR COXRe-appoint Camille L. Cowlishaw to the ADVISORY COUNCIL FOR AGING & INDEPENDENCE SERVICES, Seat No. 1, for a term to expire January 2, 2017.

Re-appoint Luis Monge to the ADVISORY COUNCIL FOR AGING & INDEPENDENCE SERVICES, Seat No. 2, for a term to expire January 2, 2017.

Re-appoint Jose Luis Montes to the ALCOHOL AND DRUG ADVISORY BOARD, SAN DIEGO COUNTY, Seat No. 1, for a term to expire January 2, 2017.

Re-appoint Gary Wedge to the ALCOHOL AND DRUG ADVISORY BOARD, SAN DIEGO COUNTY, Seat No. 3, for a term to expire January 2, 2017.

TUESDAY, JANUARY 08, 2013 21

Re-appoint Emerald Randolph, Ed.D. to the CHILD ABUSE PREVENTION COORDINATING COUNCIL, SAN DIEGO COUNTY, Seat No. 1, for a term to expire January 2, 2017.

Re-appoint Ana Briones-Espinoza to the COMMUNITY ACTION PARTNERSHIP ADMINISTERING BOARD, Seat No. 1, for a term to expire January 2, 2017.

Re-appoint Elizabeth Schulman to the COUNTY HEARING OFFICERS, Seat No. 1, for a term to expire January 2, 2017.

Waive Board Policy A-74, "Citizen Participation in County Boards, Commissions and Committees," and re-appoint Peter J. Jensen to the COUNTY HEARING OFFICERS, Seat No. 2, for a term to expire January 2, 2017.

Re-appoint Mark Kukuchek to the FISH AND WILDLIFE ADVISORY COMMISSION, SAN DIEGO COUNTY, Seat No. 1, for a term to expire January 2, 2017.

Re-appoint Jack Bransford Jr. to the FISH AND WILDLIFE ADVISORY COMMISSION, SAN DIEGO COUNTY, Seat No. 2, for a term to expire January 2, 2017.

Re-appoint Ben Medina, M.D. to the HEALTH SERVICES ADVISORY BOARD (HSAB), Seat No. 1, for a term to expire January 2, 2017.

Re-appoint Robert E. Hertzka, M.D. to the HEALTH SERVICES ADVISORY BOARD (HSAB), Seat No. 2, for a term to expire January 2, 2017.

Waive Board Policy A-74, "Citizen Participation in County Boards, Commissions and Committees," and re-appoint Sylvia P. Valencia to the MOBILE HOME ISSUES COMMITTEE, Seat No. 1, for a term to expire January 2, 2017.

Waive Board Policy A-74, "Citizen Participation in County Boards, Commissions and Committees," and re-appoint Jerry Fick to the MOBILE HOME ISSUES COMMITTEE, Seat No. 2, for a term to expire January 2, 2017.

Re-appoint John Carroll to the PARKS ADVISORY COMMITTEE, SD COUNTY, Seat No. 1, for a term to expire January 2, 2017.

Re-appoint Michael McCoy D.V.M. to the PARKS ADVISORY COMMITTEE, SD COUNTY, Seat No. 2, for a term to expire January 2, 2017.

Waive Board Policy A-74, "Citizen Participation in County Boards, Commissions and Committees," and re-appoint John K. Riess to the PLANNING COMMISSION, Seat No. 1, for a term to expire January 2, 2017.

Waive Board Policy A-74, "Citizen Participation in County Boards, Commissions TUESDAY, JANUARY 08, 2013 22

and Committees," and re-appoint Timothy M. Considine to the SAN DIEGO COUNTY CAPITAL ASSET LEASING CORP (SANCAL), Seat No. 1, for a term to expire January 2, 2017.

Waive Board Policy A-74, "Citizen Participation in County Boards, Commissions and Committees," and re-appoint Robert L. Brandenburg to the SOCIAL SERVICES ADVISORY BOARD, Seat No. 1, for a term to expire January 2, 2017.

Waive Board Policy A-74, "Citizen Participation in County Boards, Commissions and Committees," and re-appoint Linda Blair-Forth to the SOCIAL SERVICES ADVISORY BOARD, Seat No. 2, for a term to expire January 2, 2017.

Re-appoint Fanny Miller to the COMMISSION ON THE STATUS OF WOMEN, Seat No. 1, for a term to expire January 2, 2017.

Appoint Mary Beth Newton to the VETERANS ADVISORY COUNCIL, SD COUNTY, Seat No. 1, for a term to expire January 2, 2017.

SUPERVISOR JACOBRe-appoint Jack Duff to the ADVISORY COUNCIL FOR AGING & INDEPENDENCE SERVICES, Seat No. 3, for a term to expire January 2, 2017.

Re-appoint Theodore (Ted) Kagan to the ADVISORY COUNCIL FOR AGING & INDEPENDENCE SERVICES, Seat No. 4, for a term to expire January 2, 2017.

Re-appoint Tom Gardner to the AIR POLLUTION CONTROL DISTRICT ADVISORY COMMITTEE, Seat No. 2, for a term to expire January 2, 2017.

Re-appoint Rebecca Hernandez to the ALCOHOL AND DRUG ADVISORY BOARD, SAN DIEGO COUNTY, Seat No. 4, for a term to expire January 2, 2017.

Re-appoint Jenifer Mendel to the ALCOHOL AND DRUG ADVISORY BOARD, SAN DIEGO COUNTY, Seat No. 5, for a term to expire January 2, 2017.

Waive Board Policy A-74, "Citizen Participation in County Boards, Commissions and Committees," and re-appoint Jim Crittenden to the ALCOHOL AND DRUG ADVISORY BOARD, SAN DIEGO COUNTY, Seat No. 6, for a term to expire January 2, 2017.

Re-appoint Barbara J. Warner to the CHILD ABUSE PREVENTION COORDINATING COUNCIL, SAN DIEGO COUNTY, Seat No. 2, for a term to expire January 2, 2017.

Re-appoint James P. Miller, Jr. to the COUNTY HEARING OFFICERS, Seat No. 3, for a term to expire January 2, 2017.

TUESDAY, JANUARY 08, 2013 23

Re-appoint James G. Queenan to the COUNTY HEARING OFFICERS, Seat No. 4, for a term to expire January 2, 2017.

Waive Board Policy A-74, "Citizen Participation in County Boards, Commissions and Committees," and re-appoint Keith McKee to the CSA NO. 026 - RANCHO SAN DIEGO LOCAL PARK DISTRICT ADVISORY BOARD, Seat No. 1, for a term to expire January 2, 2017.

Waive Board Policy A-74, "Citizen Participation in County Boards, Commissions and Committees," and re-appoint Michael Wagenleitner to the CSA NO. 026 - RANCHO SAN DIEGO LOCAL PARK DISTRICT ADVISORY BOARD, Seat No. 2, for a term to expire January 2, 2017.

Re-appoint Rory Jones to the CSA NO. 026 - RANCHO SAN DIEGO LOCAL PARK DISTRICT ADVISORY BOARD, Seat No. 3, for a term to expire January 2, 2017.

Re-appoint Everett K. Purdy II to the CSA NO. 026 - RANCHO SAN DIEGO LOCAL PARK DISTRICT ADVISORY BOARD, Seat No. 4, for a term to expire January 2, 2017.

Re-appoint Jack W. Reiland to the CSA NO. 026 - RANCHO SAN DIEGO LOCAL PARK DISTRICT ADVISORY BOARD, Seat No. 5, for a term to expire January 2, 2017.

Waive Board Policy A-74, "Citizen Participation in County Boards, Commissions and Committees," and re-appoint Willis Conley to the CSA NO. 128 - SAN MIGUEL LOCAL PARK DISTRICT CITIZEN ADVISORY BOARD, Seat No. 1, for a term to expire January 2, 2017.

Re-appoint Barbara J. Warner to the CSA NO. 128 - SAN MIGUEL LOCAL PARK DISTRICT CITIZEN ADVISORY BOARD, Seat No. 4, for a term to expire January 2, 2017.

Re-appoint Robin Wood to the CSA NO. 128 - SAN MIGUEL LOCAL PARK DISTRICT CITIZEN ADVISORY BOARD, Seat No. 6, for a term to expire January 2, 2017.

Re-appoint Rolland E. Slade to the CSA NO. 128 - SAN MIGUEL LOCAL PARK DISTRICT CITIZEN ADVISORY BOARD, Seat No. 7, for a term to expire January 2, 2017.

Waive Board Policy A-74, "Citizen Participation in County Boards, Commissions and Committees," and re-appoint Mary Meadows-Pitt, R.N. to the EMERGENCY MEDICAL CARE COMMITTEE, Seat No. 25, for a term to expire January 7, 2017.

Re-appoint Douglas D. Streed to the FISH AND WILDLIFE ADVISORY COMMISSION, SAN DIEGO COUNTY, Seat No. 3, for a term to expire

TUESDAY, JANUARY 08, 2013 24

January 2, 2017.

Waive Board Policy A-74, "Citizen Participation in County Boards, Commissions and Committees," and re-appoint Florence P. Sloane to the FISH AND WILDLIFE ADVISORY COMMISSION, SAN DIEGO COUNTY, Seat No. 4, for a term to expire January 2, 2017.

Waive Board Policy A-74, "Citizen Participation in County Boards, Commissions and Committees," and re-appoint Dennis Bowling to the FLOOD CONTROL DISTRICT ADVISORY COMMISSION, Seat No. 2, for a term to expire January 2, 2017.

Re-appoint Richard J. Augustine to the FLOOD CONTROL DISTRICT ADVISORY COMMISSION, Seat No. 3, for a term to expire January 2, 2017.

Waive Board Policy A-74, "Citizen Participation in County Boards, Commissions and Committees," and re-appoint Judith Shaplin to the HEALTH SERVICES ADVISORY BOARD (HSAB), Seat No. 3, for a term to expire January 2, 2017.

Waive Board Policy A-74, "Citizen Participation in County Boards, Commissions and Committees," and re-appoint John Carlton "Jack" Rogers to the HEALTH SERVICES ADVISORY BOARD (HSAB), Seat No. 4, for a term to expire January 2, 2017.

Re-appoint Shirley Jean Fisher to the JACUMBA COMMUNITY SPONSOR GROUP, Seat No. 1, for a term to expire January 2, 2017.

Re-appoint Patricia Fauble to the JACUMBA COMMUNITY SPONSOR GROUP, Seat No. 3, for a term to expire January 2, 2017.

Re-appoint Dennis Cantor to the JESS MARTIN PARK ADVISORY COMMITTEE, Seat No. 1, for a term to expire January 2, 2017.

Re-appoint Wade Wylie to the JESS MARTIN PARK ADVISORY COMMITTEE, Seat No. 2, for a term to expire January 2, 2017.

Re-appoint Lester L Turner to the JESS MARTIN PARK ADVISORY COMMITTEE, Seat No. 3, for a term to expire January 2, 2017.

Re-appoint Rebecca Hatch to the JESS MARTIN PARK ADVISORY COMMITTEE, Seat No. 4, for a term to expire January 2, 2017.

Re-appoint Steve Retz to the JESS MARTIN PARK ADVISORY COMMITTEE, Seat No. 5, for a term to expire January 2, 2017.

Re-appoint Thomas W. Skibinski Jr. to the JESS MARTIN PARK ADVISORY COMMITTEE, Seat No. 6, for a term to expire January 2, 2017.

Re-appoint Juli Zerbe to the JESS MARTIN PARK ADVISORY COMMITTEE, Seat No. 7, for a term to expire January 2, 2017.

TUESDAY, JANUARY 08, 2013 25

Re-appoint George L. Merz to the LAKE CUYAMACA RECREATION AND PARK DISTRICT, Seat No. 7, for a term to expire January 2, 2017.

Re-appoint Kurt Boettcher to the MAJESTIC PINES COMMUNITY SERVICES DISTRICT, Seat No. 1, for a term to expire December 2, 2016.

Re-appoint Kevin Dubler to the MAJESTIC PINES COMMUNITY SERVICES DISTRICT, Seat No. 2, for a term to expire December 2, 2016.

Re-appoint Robert A. Markart to the MAJESTIC PINES COMMUNITY SERVICES DISTRICT, Seat No. 5, for a term to expire December 2, 2016.

Waive Board Policy A-74, "Citizen Participation in County Boards, Commissions and Committees," and re-appoint Judith R. Yates to the MENTAL HEALTH BOARD, Seat No. 4, for a term to expire December 31, 2015.

Waive Board Policy A-74, "Citizen Participation in County Boards, Commissions and Committees," and re-appoint Randy Terry to the MOBILE HOME ISSUES COMMITTEE, Seat No. 3, for a term to expire January 2, 2017.

Re-appoint Christopher J. Higginbottom to the MOBILE HOME ISSUES COMMITTEE, Seat No. 4, for a term to expire January 2, 2017.

Waive Board Policy A-74, "Citizen Participation in County Boards, Commissions and Committees," and re-appoint John Degenfelder to the PARKS ADVISORY COMMITTEE, SD COUNTY, Seat No. 3, for a term to expire January 2, 2017.

Waive Board Policy A-74, "Citizen Participation in County Boards, Commissions and Committees," and re-appoint Marilyn Wilkinson to the PARKS ADVISORY COMMITTEE, SD COUNTY, Seat No. 4, for a term to expire January 2, 2017.

Waive Board Policy A-74, "Citizen Participation in County Boards, Commissions and Committees," and re-appoint Debra Turner-Emerson to the COMMITTEE FOR PERSONS WITH DISABILITIES, Seat No. 3, for a term to expire January 2, 2017.

Re-appoint Emma L. Johnston to the POMERADO CEMETERY DISTRICT, Seat No. 1, for a term to expire January 2, 2017.Waive Board Policy A-74, "Citizen Participation in County Boards, Commissions and Committees," and re-appoint William Biggs to the RAMONA CEMETERY DISTRICT, Seat No. 1, for a term to expire January 2, 2017.

Waive Board Policy A-74, "Citizen Participation in County Boards, Commissions and Committees," and re-appoint Daniel W. Vengler to the RAMONA CEMETERY DISTRICT, Seat No. 2, for a term to expire January 2, 2017.

Re-appoint Don L. Ruch to the RAMONA CEMETERY DISTRICT, Seat No. 3, for a term to expire January 2, 2017.

TUESDAY, JANUARY 08, 2013 26

Waive Board Policy A-74, "Citizen Participation in County Boards, Commissions and Committees," and re-appoint David E. DeVol to the SAN DIEGO COUNTY CAPITAL ASSET LEASING CORP (SANCAL), Seat No. 2, for a term to expire January 2, 2017.

Waive Board Policy A-74, "Citizen Participation in County Boards, Commissions and Committees," and re-appoint Sandy Pugliese to the SOCIAL SERVICES ADVISORY BOARD, Seat No. 3, for a term to expire January 2, 2017.

Re-appoint Charles J. Borra to the SOCIAL SERVICES ADVISORY BOARD, Seat No. 4, for a term to expire January 2, 2017.

Re-appoint Janelle McCreary to the COMMISSION ON THE STATUS OF WOMEN, Seat No. 4, for a term to expire January 2, 2017.

Re-appoint Justin Singer to the VETERANS ADVISORY COUNCIL, SD COUNTY, Seat No. 2, for a term to expire January 2, 2017.

SUPERVISOR RON ROBERTSAppoint William Mark Nelson to the CIVIL SERVICE COMMISSION, Seat No. 1, for a term to expire January 7, 2019.

SUPERVISOR HORNWaive Board Policy A-74, "Citizen Participation in County Boards, Commissions and Committees," and re-appoint Scott Murray to the MISSION RESOURCE CONSERVATION DISTRICT, Seat No. 2, for a term to expire November 30, 2016.

Appoint Bennie (Ben) H. Brooks to the PALA-PAUMA VALLEY COMMUNITY SPONSOR GROUP, Seat No. 1, for a term to expire January 2, 2017.

Appoint Bradley M. Smith to the PALA-PAUMA VALLEY COMMUNITY SPONSOR GROUP, Seat No. 3, for a term to expire January 2, 2017.

Appoint Stephanie Spencer to the PALA-PAUMA VALLEY COMMUNITY SPONSOR GROUP, Seat No. 5, for a term to expire January 2, 2017.

Appoint Fritz Stumpges to the PALA-PAUMA VALLEY COMMUNITY SPONSOR GROUP, Seat No. 7, for a term to expire January 2, 2017.CHIEF ADMINISTRATIVE OFFICERConfirm the appointment of Nancy Hillgren as the primary representative from the City of Encinitas to the COUNTY SERVICE AREA NO. 17 – SAN DIEGUITO EMERGENCY MEDICAL SERVICES DISTRICT ADVISORY COMMITTEE, Seat No. 11. In accordance with the Committee bylaws, “the term of office shall be at the discretion of the appointing organization.”

ACTION:ON MOTION of Supervisor R. Roberts, seconded by Supervisor D. Roberts, the

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Board took action as recommended, on Consent.

AYES: Cox, Jacob, D. Roberts, R. Roberts, Horn

19. SUBJECT: CLOSED SESSION (DISTRICTS: ALL)

OVERVIEW:A. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION

(Subdivision (a) of Government Code section 54956.9)Staci Zizzo v. Cody M. Cantarini, et al.; San Diego County Superior Court No. 37-2012-00050424-CU-PA-NC

B. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION(Subdivision (a) of Government Code section 54956.9)David Avina v. County of San Diego, et al.; San Diego County Superior Court No. 37-2012-00050915-CU-PA-NC

C. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION(Subdivision (a) of Government Code section 54956.9)City of Oceanside, et al. v. Ana Matosantos, et al.; Sacramento County Superior Court No. 34-2012-00134586

D. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATIONSignificant exposure to litigation pursuant to subdivision (b) of Government Code section 54956.9: (Number of Potential Cases – 1)

E. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATIONSignificant exposure to litigation pursuant to subdivision (b) of Government Code section 54956.9: (Number of Potential Cases – 1)

F. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATIONInitiation of litigation pursuant to subdivision (c) of Government Code section 54956.9: (Number of Cases – 1)

ACTION:Any reportable matters will be announced on Wednesday, January 9, 2013, prior to the start of the Board of Supervisors Planning and Land Use meeting.

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20. SUBJECT: PUBLIC COMMUNICATION (DISTRICTS: ALL)

OVERVIEW:Robert Germann spoke to the Board regarding Gillespie Field.

ACTION:Heard, referred to the Chief Administrative Officer.

There being no further business, the Board adjourned at 11:20 a.m. in memory of Murray Galinson, Laurel Rainwater, Patti Page, Esther Burnham, Lawson Chadwick, Racheal Gilmore, Dr. Jane Fitz, Philip Lopez, and James Doud, Sr.

THOMAS J. PASTUSZKAClerk of the Board of Supervisors

County of San Diego, State of California

Consent: VizcarraDiscussion: Panfil

NOTE: This Statement of Proceedings sets forth all actions taken by the County of San Diego Board of Supervisors on the matters stated, but not necessarily the chronological sequence in which the matters were taken up.

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