Order of Business. D. Presentation or Announcement of Proclamations and Awards

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1 REVISION 1 COUNTY OF SAN DIEGO BOARD OF SUPERVISORS REGULAR MEETING TUESDAY, JANUARY 25, 2011 Board of Supervisors North Chamber 1600 Pacific Highway, Room 310, San Diego, California Order of Business A. Roll Call B. Invocation C. Pledge of Allegiance D. Presentation or Announcement of Proclamations and Awards E. Approval of Statement of Proceedings/Minutes for Meeting of January 4, F. Public Communication Speakers G. Formation of Consent Calendar H. Discussion Items I. Time Certain: Time Item Subject 9:30 A.M. 3. IMPROVING FIRE AND EMERGENCY MEDICAL SERVICES IN UNINCORPORATED SAN DIEGO COUNTY; INITIATING STEP II OF THE HYBRID PLAN PROPOSAL; REORGANIZATION OF CSA NOS. 109, 110, 111, 112, AND 113 INTO CSA NO. 135 TIME CERTAIN: 9:30 A.M. 9:30 A.M. 4. AUTHORIZATION TO EXECUTE A MEMORANDUM OF UNDERSTANDING WITH LAKESIDE FIRE PROTECTION DISTRICT FOR STAFF ASSISTANCE ON FIRE PREVENTION SERVICES; AUTHORIZATION TO EXECUTE FUTURE AGREEMENTS FOR FIRE USE OF COUNTY FIRE RESOURCES TIME CERTAIN: 9:30 A.M. Supporting documentation and attachments for items listed on this agenda can be viewed online at or in the Office of the Clerk of the Board of Supervisors at the County Administration Center, 1600 Pacific Highway, Room 402, San Diego, CA /25/2011 1

2 Category Agenda No. Subject Public Safety 1. NOTICED PUBLIC HEARING: ORDINANCES AMENDING THE SAN DIEGO COUNTY CODE OF REGULATORY ORDINANCES AND THE COUNTY ZONING ORDINANCE RELATING TO MEDICAL MARIJUANA COLLECTIVE FACILITIES 2. TERMINATION OF LOCAL EMERGENCY: EXPLOSIVE AND HAZARDOUS MATERIAL STOCKPILE 3.* IMPROVING FIRE AND EMERGENCY MEDICAL SERVICES IN UNINCORPORATED SAN DIEGO COUNTY; INITIATING STEP II OF THE HYBRID PLAN PROPOSAL; REORGANIZATION OF CSA NOS. 109, 110, 111, 112, AND 113 INTO CSA NO. 135 (TIME CERTAIN: 9:30 A.M.) 4. AUTHORIZATION TO EXECUTE A MEMORANDUM OF UNDERSTANDING WITH LAKESIDE FIRE PROTECTION DISTRICT FOR STAFF ASSISTANCE ON FIRE PREVENTION SERVICES; AUTHORIZATION TO EXECUTE FUTURE AGREEMENTS FOR FIRE USE OF COUNTY FIRE RESOURCES (TIME CERTAIN: 9:30 A.M.) 5. PROBATION - APPLICATION FOR JUSTICE AND MENTAL HEALTH COLLABORATION GRANT [FUNDING SOURCE(S): FEDERAL BUREAU OF JUSTICE ASSISTANCE] Health and Human Services 6. NOTICED PUBLIC HEARING: FISCAL YEAR CERTIFICATION STATEMENTS FOR CHILD HEALTH AND DISABILITY PREVENTION AND CALIFORNIA CHILDREN SERVICES PROGRAMS AND PROPOSED REDUCTION OF MEDICAL THERAPY CONFERENCES [FUNDING SOURCE(S): STATE GENERAL FUND, FEDERAL TITLE XIX AND REALIGNMENT] *Presentation 1/25/2011 2

3 Category Agenda No. Subject 7. MENTAL HEALTH SERVICES ACT CAPITAL FACILITIES AND TECHNOLOGICAL NEEDS COMPONENT, REQUEST FOR TECHNOLOGICAL NEEDS PROJECT PLANS [FUNDING SOURCE(S): MENTAL HEALTH SERVICES ACT] 8. CALIFORNIA MENTAL HEALTH SERVICES AUTHORITY, APPROVE JOINT POWERS AUTHORITY MEMBERSHIP [FUNDING SOURCE(S): LOCAL MHSA PEI FUNDS] 9. MENTAL HEALTH SERVICES MEMORANDUM OF UNDERSTANDING WITH THE COUNTY OFFICE OF EDUCATION FOR SPECIAL EDUCATION (REVENUE AGREEMENT) Community Services 10. GENERAL SERVICES - AUTHORIZE THE PREPARATION OF PLANNING DOCUMENTS FOR THE COUNTY ADMINISTRATION CENTER WATERFRONT PARK DEVELOPMENT PROJECT AND AUTHORIZE A DEMOLITION CONTRACT FOR THE J.B. ASKEW BUILDING 11. GENERAL SERVICES - ACCEPTANCE OF REVENUE FROM THE CITY OF IMPERIAL BEACH AND AUTHORIZATION TO CONTRACT FOR THE IMPERIAL BEACH LIBRARY EXPANSION PROJECT [FUNDING SOURCE(S): REVENUE CONTRIBUTION FROM THE CITY OF IMPERIAL BEACH AND DISTRICT 1 NEIGHBORHOOD REINVESTMENT PROGRAM FUNDS ALLOCATED TO THE LIBRARY FUND] (4 VOTES) Financial and General Government 12. REDISTRICTING SAN DIEGO COUNTY SUPERVISORIAL DISTRICTS [FUNDING SOURCE(S): GENERAL FUND] 13. SPONSORING LEGISLATION TO PERMANENTLY FUND GRAFFITI ABATEMENT PROGRAMS 1/25/2011 3

4 Category Agenda No. Subject 14. NOTICED PUBLIC HEARING: CONFLICT OF INTEREST CODE: VARIOUS AGENCIES [FUNDING SOURCE(S): ADMINISTRATION OF THIS TASK IS INCLUDED IN THE FISCAL YEAR 2010/2011 ADOPTED BUDGET] 15. REOFFERING OF THE MUSEUM OF CONTEMPORARY ART SAN DIEGO CONDUIT CERTIFICATES OF PARTICIPATION 16. SAN DIEGO COMMUNITY COLLEGE DISTRICT GENERAL OBLIGATION REFUNDING BONDS Communications Received 17. COMMUNICATIONS RECEIVED Appointments 18. ADMINISTRATIVE ITEM: APPOINTMENTS Financial and General Government 19. ALLOCATION OF NEIGHBORHOOD REINVESTMENT FUNDS (DISTRICT: 4) Closed Session 20. CLOSED SESSION 1/25/2011 4

5 1. SUBJECT: NOTICED PUBLIC HEARING: ORDINANCES AMENDING THE SAN DIEGO COUNTY CODE OF REGULATORY ORDINANCES AND THE COUNTY ZONING ORDINANCE RELATING TO MEDICAL MARIJUANA COLLECTIVE FACILITIES (DISTRICTS: ALL) This is a request to adopt an ordinance amending Sections , , , , and of the San Diego County Code of Regulatory ordinances relating to the Uniform Licensing Procedure, Fees and Medical Marijuana Collective Facilities. The ordinance will (a) amend various sections of the existing ordinance to establish a fee for the regulation of medical marijuana collective facilities, (b) allow for fingerprint clearance from the Federal Bureau of Investigation as part of the licensing procedures for a Medical Marijuana Operation Certificate, (c) correct certain clerical errors and (d) clarify definitions and add provisions relating to off-site transportation and transactions. The fees and charges are based on a comprehensive review of the actual costs and projected workloads associated with the licensing and regulation of medical marijuana collective facilities, and have been approved by the Auditor & Controller. The proposed annual fee of $11,017 reflects the full cost incurred by the Sheriff in the issuing process, investigation, and compliance inspection of medical marijuana collective facilities. This is also a request to adopt an ordinance amending Section 6935 of the San Diego County Zoning Ordinance relating to medical marijuana collective facilities to update and clarify its applicability and nonconforming use provisions. The anticipated revenues from the amended ordinance are not included in the Fiscal Year Operational Plan in the Sheriff s Department. It is unknown how many license applications will be received. Accordingly, the Sheriff is not requesting appropriations at this time. The Sheriff will monitor the license requests and adjust the budget, as necessary. There will be no change in net General Fund cost and no additional staff years. BUSINESS IMPACT STATEMENT: If approved, this recommendation will have an impact on the business community for those who operate medical marijuana collective facilities. A medical marijuana operation certificate is required by Title 2, Division 1, Chapter 25, Medical Marijuana, of the San Diego County Code of Regulatory Ordinances. The operation certificate is necessary to protect the public health, safety and welfare of communities within the unincorporated county. 1/25/2011 1

6 RECOMMENDATION: SHERIFF AND CHIEF ADMINISTRATIVE OFFICER 1. Find that the project as proposed complies with the California Environmental Quality Act (CEQA) and State and County CEQA Guidelines because the amendments can be found exempt from CEQA per Section 15061(b)(3) of the CEQA Guidelines (Attachment E). 2. Approve the introduction of the proposed San Diego County Code amendment, (first reading), read title and waive further reading of the following ordinance (Attachment A): AN ORDINANCE AMENDING SECTIONS , , , , AND OF THE SAN DIEGO COUNTY CODE OF REGULATORY ORDINANCES RELATING TO THE UNIFORM LICENSING PROCEDURE, FEES AND MEDICAL MARIJUANA COLLECTIVE FACILITIES. 3. Adopt the attached Form of Ordinance (Attachment B): AN ORDINANCE AMENDING THE SAN DIEGO COUNTY ZONING ORDINANCE TO UPDATE AND CLARIFY SECTION 6935 RELATED TO MEDICAL MARIJUANA COLLECTIVE FACILITIES. If, on January 25, 2011, the Board takes the actions recommended in Items 1 and 2, then, on February 1, 2011: 4. Submit the Ordinance (Attachment A) for further Board of Supervisors consideration and adoption (second reading): AN ORDINANCE AMENDING SECTIONS , , , , AND OF THE SAN DIEGO COUNTY CODE OF REGULATORY ORDINANCES RELATING TO THE UNIFORM LICENSING PROCEDURE, FEES AND MEDICAL MARIJUANA COLLECTIVE FACILITIES. 2. SUBJECT: TERMINATION OF LOCAL EMERGENCY: EXPLOSIVE AND HAZARDOUS MATERIAL STOCKPILE (DISTRICT: 3) On November 30, 2010, the Chief Administrative Officer, serving as the County s Director of Emergency Services and as Coordinator of the Unified San Diego County Emergency Services Organization, issued a Proclamation of Local Emergency as a result of the explosive and hazardous material stockpile discovered in unincorporated Escondido. On December 7, 2010 (39), your Board ratified the Proclamation of Local Emergency. 1/25/2011 2

7 On January 4, 2011 (3), your Board continued the local emergency, pursuant to Government Code 8630(c), which requires local governing bodies to review the need for continuing the local emergency every 30 days until the emergency is terminated. Government code 8630(d) requires local governing bodies to terminate the local emergency at the earliest possible date that conditions warrant. This is a request for your Board to find that conditions no longer warrant a local emergency and that the proclamation should be terminated. There is no fiscal impact associated with this request. BUSINESS IMPACT STATEMENT: RECOMMENDATION: CHIEF ADMINISTRATIVE OFFICER 1. Find that there is no longer a need for continuing the local emergency, as subject to Government Code 8630(c). 2. Proclaim the termination of the local emergency as set forth in the attached January 25, 2011 PROCLAMATION OF TERMINATION OF LOCAL EMERGENCY, as subject to Government Code 8630(d). 3. SUBJECT: IMPROVING FIRE AND EMERGENCY MEDICAL SERVICES IN UNINCORPORATED SAN DIEGO COUNTY; INITIATING STEP II OF THE HYBRID PLAN PROPOSAL; REORGANIZATION OF CSA NOS. 109, 110, 111, 112, AND 113 INTO CSA NO. 135 (DISTRICTS: ALL) Since 2005, your Board has taken several actions to improve fire and emergency medical services in the unincorporated areas of the county. On June 25, 2008 (1) your Board adopted The Hybrid Plan and initiated Step I of the plan which brought six volunteer fire companies under the San Diego County Fire Authority and expanded the latent powers within a zone of County Service Area (CSA) 135 to include fire and emergency medical services. This is a request to initiate Step II of the plan and authorize an application to the Local Agency Formation Commission (LAFCO) to dissolve the boundaries of five of the seven remaining fire CSAs: 109 (Mt. Laguna), 110 (Palomar Mountain), 111 (Boulevard), 112 (Campo), and 113 (San Pasqual), and to expand the boundaries of the latent powers within CSA 135 to include the territory of the dissolved CSAs. 1/25/2011 3

8 Funds for this request are included in the Fiscal Year Operational Plan for the Public Safety Group Executive Office, San Diego County Fire Authority. There will be no change in net General Fund cost and no additional staff years. BUSINESS IMPACT STATEMENT: RECOMMENDATION: CHIEF ADMINISTRATIVE OFFICER 1. Find that the proposed project is exempt from the California Environmental Quality Act as specified under Sections and 15378(b)(5) of the State CEQA Guidelines for the reasons stated in the Notice of Exemption dated January 25, 2011 on file at Clerk of the Board. 2. Adopt the attached resolution entitled Resolution of Application for Reorganization Involving the Dissolution of County Service Area Nos. 109, 110, 111, 112, and Adopt the attached resolution entitled Resolution of Application to Update the Sphere of Influence of the Latent Powers Area (Fire Protection and Emergency Medical Services) for County Service Area No. 135 and to Expand the Latent Powers Area within County Service Area No. 135 to Include the Territory of Former County Service Area Nos. 109, 110, 111, 112, and SUBJECT: AUTHORIZATION TO EXECUTE A MEMORANDUM OF UNDERSTANDING WITH LAKESIDE FIRE PROTECTION DISTRICT FOR STAFF ASSISTANCE ON FIRE PREVENTION SERVICES; AUTHORIZATION TO EXECUTE FUTURE AGREEMENTS FOR FIRE USE OF COUNTY FIRE RESOURCES (DISTRICTS: ALL) On September 14, 2010 (2), your Board approved an implementation plan to improve the delivery of fire and emergency medical services in the San Diego County region based on the recommendations of the Fire Deployment Study presented to the Board on May 19, 2010 (1). The Fire Deployment Study urged the County to coordinate the development of a regional Joint Powers Authority (JPA) or multi-agency Memorandum of Understanding that would allow for shared resources, pooled costs, and the development of a common understanding of fire related issues. As a first step towards a larger JPA, the San Diego County Fire Authority (Fire Authority) and the Lakeside Fire Protection District have agreed to share and exchange plan review, inspection and related services in order to save costs, share 1/25/2011 4

9 expertise and decrease the customer processing time for fire-related plan review. The Fire Authority is working with other fire departments across the region to identify additional opportunities to maximize resources and improve fire safety. If approved, this action will authorize the County Fire Warden to sign and execute the Memorandum of Understanding between the County of San Diego and the Lakeside Fire Protection District. This action would also authorize the County Fire Warden to negotiate and execute similar agreements with other agencies, as long as the net result is cost-neutral to the County. Funds for this request are included in the Fiscal Year Operational Plan for the Public Safety Group Executive Office, San Diego County Fire Authority. There will be no change in net General Fund cost and no additional staff years. BUSINESS IMPACT STATEMENT: Funds for this request are included in the Fiscal Year Operational Plan for the Public Safety Group Executive Office, San Diego County Fire Authority. There will be no change in net General Fund cost and no additional staff years. RECOMMENDATION: CHIEF ADMINISTRATIVE OFFICER 1. Find that this action is exempt from the California Environmental Quality Act (CEQA) because, pursuant to CEQA Guidelines Section 15378(b)(5), it involves organizational or administrative activities of a government that will not result in direct or indirect physical changes in the environment and is therefore is not a project subject to CEQA review. 2. Authorize the County Fire Warden, or designee, to sign and execute the Memorandum of Understanding for an initial 12 month period between the County of San Diego and the Lakeside Fire Protection District. 3. Authorize the County Fire Warden, or designee, to sign and execute any amendments, renewals, and extensions of this Memorandum of Understanding that do not materially impact or alter the program or funding level and to otherwise administer the agreements 4. Authorize the County Fire Warden, or designee, to negotiate, execute and administer similar memorandums of understanding with other fire protection districts or agencies for use and/or exchange of County services or resources, as long as the net result to the County is cost-neutral. 1/25/2011 5

10 5. SUBJECT: PROBATION - APPLICATION FOR JUSTICE AND MENTAL HEALTH COLLABORATION GRANT (DISTRICTS: ALL) The U.S. Department of Justice Bureau of Justice Assistance (BJA) has made funding available for units of local government in an effort to increase public safety through innovative cross-system collaboration for individuals with mental illness who come into contact with the criminal or juvenile justice systems. Grant funds, if awarded, will support a two-year project to expand upon or improve a well-established collaboration plan. Today s action will grant the Probation Department authority to submit an application for these grant funds. If the grant application is successful, the Probation Department will receive $200,000 over Fiscal Years , and for a justice and mental health collaboration project. If this grant application is approved, we will return to your Board to request authorization to accept the grant funds and establish appropriations. The funding source is the federal BJA. This grant requires a 20% match for each year of the grant that will be satisfied by in-kind salaries and benefits of County staff and approved indirect costs. There will be no change in net General Fund costs and no additional staff years. BUSINESS IMPACT STATEMENT: RECOMMENDATION: CHIEF ADMINISTRATIVE OFFICER 1. Authorize the Chief Probation Officer to sign and submit an application for a two- year Bureau of Justice Assistance grant in the amount of $200,000 for the period beginning October 1, 2011 through September 30, Authorize the Chief Probation Officer to review and execute grant documents, sign and submit related contracts, including any extensions, annual amendments and/or revisions that do not materially impact or alter the services or funding level. 6. SUBJECT: NOTICED PUBLIC HEARING: FISCAL YEAR CERTIFICATION STATEMENTS FOR CHILD HEALTH AND DISABILITY PREVENTION AND CALIFORNIA CHILDREN SERVICES PROGRAMS AND PROPOSED REDUCTION OF MEDICAL THERAPY CONFERENCES (DISTRICTS: ALL) The Board of Supervisors has demonstrated a long-term commitment to helping children reach their full potential by supporting programs that encourage healthy 1/25/2011 6

11 behaviors, link eligible children to low or no-cost health care coverage, provide case management and therapy services for low income children with serious medical conditions and provide support for at-risk children in the dependency system. Today s action furthers the County s commitment to improving health opportunities and outcomes for children through the Health and Human Services Agency s Child Health and Disability Prevention (CHDP) program and California Children Services (CCS) program. If approved, today s action will continue the activities of the CHDP and CCS programs. As required by the State as a condition of funding, this action requests the approval and execution of the State s Fiscal Year Child Health and Disability Prevention and California Children Services Certification Statements. Today s action also proposes the reduction of consultation services provided by the Medical Therapy Conferences through the Health and Human Services Agency s California Children Services Medical Therapy Program. The reduction of services is due to a decrease in physician consultant participation in the program. If approved, the reduction of Medical Therapy Conferences (MTCs) would be effective on February 1, The Kaiser and Navy MTCs will be unaffected because they coordinate their own clinics and use the MTCs to see their private patients. The County of San Diego has complied with public noticing requirements of the California Health and Safety Code Section Funds for this request are included in the Fiscal Year Operational Plan for the Health and Human Services Agency. If approved, this action will result in costs and revenue of $18,628,823 ($7,161,635 for CHDP and $11,467,188 for CCS). The sources of funding are the State General Fund, Federal Title XIX and Realignment. Today s action requests the approval and execution of the State s Fiscal Year Child Health and Disability Prevention and California Children Services Certification Statements. There will be no change to net General Fund costs and no additional staff years. BUSINESS IMPACT STATEMENT: RECOMMENDATION: CHIEF ADMINISTRATIVE OFFICER 1. Approve and authorize the Clerk of the Board to execute, upon receipt, the Fiscal Year State Child Health and Disability Prevention Certification Statement. 2. Approve and authorize the Clerk of the Board to execute, upon receipt, the Fiscal Year State California Children Services Certification Statement. 1/25/2011 7

12 3. Find that the County duly noticed and the Board of Supervisors conducted a public hearing on January 25, 2011 regarding the proposed reduction of Medical Therapy Conferences provided by the County of San Diego Health and Human Services Agency California Children Services Medical Therapy Units; and that the public was given the opportunity to comment on the proposed reduction of medical services. 4. Authorize the Director, Health and Human Services Agency, to seek and apply for funding opportunities related to Maternal, Child and Adolescent Health (MCAH) priority needs including but not limited to: oral health, nutrition, access to care, early screening and prevention activities, maternal health and infant/child health issues and increased male involvement in MCAH activities. Staff will return to the Board, if necessary, to request acceptance of any funding. Staff will return to the Board, if necessary, to request acceptance of any funding. 7. SUBJECT: MENTAL HEALTH SERVICES ACT CAPITAL FACILITIES AND TECHNOLOGICAL NEEDS COMPONENT, REQUEST FOR TECHNOLOGICAL NEEDS PROJECT PLANS (DISTRICTS: ALL) California s Proposition 63, the Mental Health Services Act (MHSA), was approved by California voters in November 2004 and became effective January 1, The MHSA is administered by the California Department of Mental Health (DMH) and provides funding for expansion of mental health services in California. The MHSA consists of five program components designated by the State. The first program component, Community Services and Supports was submitted to the State and implemented following Board approval on December 13, 2005 (1). The second MHSA component, Prevention and Early Intervention, was submitted to the State after Board approval on November 18, 2008 (9). The MHSA component, Workforce Education and Training, was submitted to the State after Board approval on May 5, 2009 (7). The MHSA Innovation Component was submitted to the State after Board approval on October 20, 2009 (4). The final MHSA program component, Capital Facilities and Technological Needs (CFTN), which includes the Mental Health Management Information Systems project, was submitted to the State after Board approval on March 23, 2010 (8). As part of the March 23, 2010 action, the Board authorized the acceptance of an initial funding for an approximate amount of $5.95 million for Fiscal Year and authorized the submission of the CFTN component to the DMH. Mental Health Services staff also informed the Board that they would return for Board authority to accept additional CFTN funds as new project plans were developed. Approval of today s recommended actions will authorize the submission to the DMH for the following Technological Needs Project Plans: Consumer and Family Empowerment, Personal Health Record Evaluation and Pilot Project, Telemedicine 1/25/2011 8

13 Expansion, Appointment Reminder, Document Management Project, Speed Link Special Education Services, and Pilot Data Exchange. Additionally, today s action will authorize the acceptance of approximately $15.3 million in MHSA Technological Needs funds for Fiscal Years for project plan implementation. Funds for this request are not included in the Fiscal Year Operational Plan for the Health and Human Services Agency. Upon receipt, funds will be deposited in the MHSA Trust Fund to cover costs and revenues designated for Capital Facilities and Technological Needs. Appropriations will be included in the Fiscal Year Operational Plan for the Health and Human Services Agency. If approved, this request will result in estimated costs and revenue of $15.3 million for project implementation anticipated through Fiscal Year The funding source is the Mental Health Services Act. There will be no change in net General Fund cost and no additional staff years. BUSINESS IMPACT STATEMENT: RECOMMENDATION: CHIEF ADMINISTRATIVE OFFICER 1. Accept the Mental Health Services Act Capital Facilities and Technological Needs funding of an approximate amount of $15.3 million one-time funding for Fiscal Year and any additional funding that is available from the California Department of Mental Health for the Capital Facilities and Technological Needs Component. 2. Authorize the Clerk of the Board to execute, upon receipt, a Mental Health Services Act Agreement with the California Department of Mental Health for public mental health services funding for capital facilities and technological needs in an approximate amount of $15.3 million for Capital Facilities and Technological Needs Component, Technological Needs Projects, and any future renewals, amendments, and extensions to the Agreement, subject to the approval of the Director, Health and Human Services Agency, provided terms, conditions, programs, and funding are not materially impacted or altered. 1/25/2011 9

14 8. SUBJECT: CALIFORNIA MENTAL HEALTH SERVICES AUTHORITY, APPROVE JOINT POWERS AUTHORITY MEMBERSHIP (DISTRICTS: ALL) California s Proposition 63, the Mental Health Services Act (MHSA), was approved by California voters in November 2004 and became effective January 1, The MHSA is administered by the California Department of Mental Health (DMH) and provides funding for expansion of mental health services in California. The MHSA consists of five program components designated by the State. The plan for the first program component, Community Services and Supports was submitted to the State and implemented following Board approval on December 13, 2005 (1). The plan for the second MHSA component, Prevention and Early Intervention (PEI), was submitted to the State after Board approval on November 18, 2008 (9). The Workforce Education and Training component plan was submitted to the State after Board approval on May 5, 2009 (7). The plan for the MHSA Innovation Component was submitted to the State after Board approval on October 20, 2009 (4) and implementation has begun. The plan for the final MHSA program component, Capital Facilities and Technological Needs, was submitted to the State after Board approval on March 23, 2010 (8). With Board approval on December 9, 2008 (16), the County assigned its share of PEI funding for statewide projects, approximately $13.5 million, to the DMH to implement three State-administered PEI projects, Suicide Prevention, Student Mental Health Initiative, and Stigma & Discrimination Reduction. To expedite the implementation of the three projects, DMH contracted implementation and administration to the California Mental Health Service Authority (CalMHSA), a joint powers authority. Approval of today s recommended actions will authorize the County s membership in CalMHSA, in order to jointly develop statewide or regional mental health projects, and authorize the appointment of the Director of Mental Health Services to the CalMHSA Board of Directors to act as the County s representative. Funds for this request are included in the Fiscal Year Operational Plan for the Health and Human Services Agency. The County is not currently a member of CalMHSA. If approved, this request will result in a one-time application fee of $1,000 in Fiscal Year The funding source will be local MHSA PEI funds. There is no change in net General Fund cost and no additional staff years. There is no fiscal impact associated with project implementation and administration under the Joint Exercise of Powers Agreement. Funding for the MHSA PEI Statewide projects is held by the State and is not included in the Health and Human Services Agency Operational Plan. 1/25/

15 BUSINESS IMPACT STATEMENT: RECOMMENDATION: CHIEF ADMINISTRATIVE OFFICER 1. Approve the County of San Diego s membership in the California Mental Health Services Authority, a joint powers authority. 2. Authorize the Director, Health and Human Services Agency, to execute the Joint Exercise of Powers Agreement. 3. Appoint the Director, Mental Health Services, to the California Mental Health Services Authority Board of Directors to act as the County of San Diego s representative, as required by the Joint Exercise of Powers Agreement. 4. Authorize the Director, Mental Health Services, to designate an alternate representative who shall have the authority to attend, participate in and vote at any meeting when the Director is absent. 9. SUBJECT: MENTAL HEALTH SERVICES MEMORANDUM OF UNDERSTANDING WITH THE COUNTY OFFICE OF EDUCATION FOR SPECIAL EDUCATION (REVENUE AGREEMENT) (DISTRICTS: ALL) In 1984, the State enacted Assembly Bill 3632 requiring county mental health departments to conduct mental health assessments and to provide necessary mental health services required by students with disabilities. Funding for these programs has to date been provided through a number of State and federal sources, including federal Individuals with Disabilities Act (IDEA) funds. Starting in Fiscal Year , IDEA funds were transferred to county mental health departments to fund these services for county offices of education using a mandated Memorandum of Understanding (MOU). On October 8, 2010, State funding for AB 3632 services for Fiscal Year was eliminated by the Governor s line item veto. At the same time, the mandate for county mental health departments to provide services was suspended by the Governor. Suspension of the mandate effectively ended county mental health departments required role in providing special education mental health services, with the federal requirement remaining in place for state schools to provide those services. Since the State funding veto and mandate suspension, staff from the Health and Human Services Agency (HHSA) Mental Health Services and the San Diego County Office of Education (COE) have been in discussions to determine how services would continue to be provided. It is proposed that County Mental Health Services continue providing services to Special Education-identified students. New terms and 1/25/

16 conditions resulting from the State veto and mandate suspension require a new MOU between the COE and HHSA for ongoing services. This item would authorize execution of a new MOU and result in approximately $4.4 million in continuing IDEA funding for County-provided services. The MOU will also cover reimbursement for any and all treatment and room and board costs in excess of the $4.4 million. This amount is estimated to be approximately $6.1 million for mental health services and $5.1 million for room and board services. Mental Health Services Funding for this request is included in the Fiscal Year Operational Plan. If approved, this request will result in current year cost and revenue of $10.5 million, including $4.4 million from federal Individuals with Disabilities Education Act (IDEA) funds and an estimated $6.1 million from the Memorandum of Understanding with the San Diego County Office of Education. There will be no change in net General Fund cost and no additional staff years. Room and Board Services Funding for this request is included in the Fiscal Year Operational Plan. If approved, this request will result in reimbursement of approximately $5.1 million of room and board costs from the Proposed Memorandum of Understanding with the San Diego Office of Education. There will be no change in net General Fund cost and no additional staff years. BUSINESS IMPACT STATEMENT: RECOMMENDATION: CHIEF ADMINISTRATIVE OFFICER Authorize the Director, Health and Human Services Agency, or designee, to execute, upon receipt, a Memorandum of Understanding with the San Diego County Office of Education for special education mental health services funding of approximately $4.4 million in IDEA funds, and for reimbursement of all costs for any and all special education treatment and room and board costs in excess of the $4.4 million, effective July 1, 2010 through June 30, 2011, and any future renewals, amendments, and extensions to the Memorandum of Understanding, provided terms, conditions, programs, and funding are not materially impacted or altered. 1/25/

17 10. SUBJECT: GENERAL SERVICES - AUTHORIZE THE PREPARATION OF PLANNING DOCUMENTS FOR THE COUNTY ADMINISTRATION CENTER WATERFRONT PARK DEVELOPMENT PROJECT AND AUTHORIZE A DEMOLITION CONTRACT FOR THE J.B. ASKEW BUILDING (DISTRICT: 1) On December 4, 2001 (12), the Board approved the design contract and funding for the Waterfront Park Master Plan. On June 18, 2002 (18), the Board approved the County Administration Center (CAC) Waterfront Park Master Plan. On July 30, 2002 (7), the Board approved funding for preparation of the architectural design, construction documents and environmental studies for the CAC Waterfront Park. On May 6, 2003 (1), the Board certified that the Environmental Impact Report was completed in compliance with the California Environmental Quality Act (CEQA). On August 12, 2003 (1), the Board established the Waterfront Park Capital Project and reviewed future development of the Waterfront Park and Cedar and Kettner site. This action today requests the Board to authorize the amendment of a professional design services contract with Hargreaves Associates to update the Waterfront Park design drawings in compliance with current codes and standards. The updated documents would be used as the basis of design for a potential design-build construction Request for Proposal process for park development, which requires subsequent Board authority. The Board is also requested to authorize bid and award authority for the demolition of the J.B. Askew Building on the County Administration Center site, in anticipation of Waterfront Park development. Funding for the Waterfront Park planning and Askew Building demolition are included in the Fiscal Year Operational Plan in the Capital Outlay Fund Capital Project KK3421 County Administrative Center Waterfront Park (Oracle Project ). If approved, this request will result in approximately $1,200,000 for professional design services. The construction administration portion of the contract will be exercised when project execution is authorized. $2,600,000 will be required for demolition and associated staff costs. There will be no net change in the Capital Outlay Fund and no additional staff years. BUSINESS IMPACT STATEMENT: Construction of the Waterfront Park will have a positive impact to the San Diego regional economy by providing technical and construction-related local employment opportunities. 1/25/

18 RECOMMENDATION: CHIEF ADMINISTRATIVE OFFICER 1. Find that the Final Environmental Impact Report (FEIR) on file in the Department of General Services for the San Diego County Administration Center Waterfront Park Development and Master Plan Project, dated April 25, 2003, State Clearinghouse # , was completed in compliance with CEQA and state and County CEQA guidelines, that the decision-making body has reviewed and considered the information contained therein and the Addendum thereto dated January 19, 2011 (Attachment B) on file with the Department of General Services before approving the project, that the FEIR reflects the independent judgment and analysis of the Board of Supervisors and; 2. Find that there are no substantial changes in the project or in the circumstances under which it is undertaken which involve significant new environmental impacts which were not considered in the previously-certified FEIR, dated April 25, 2003, that there is no substantial increase in the severity of previously identified significant effects, and that no new information of substantial importance has become available since the FEIR was prepared; 3. Adopt the Findings Concerning Mitigation of Significant Environmental Effects pursuant to CEQA Guidelines section (Attachment C); 4. Adopt the Statement of Overriding Considerations pursuant to CEQA Guidelines section (Attachment D); 5. Adopt the Mitigation and Monitoring and Reporting Program pursuant to Public Resources Code section (Attachment E); 6. Adopt the Statement of Location and Custodian of the Record (Attachment F); 7. In accordance with Board Policies F-40, Procuring Architectural, Engineering and Related Professional Services and A-87, Competitive Procurement, and Administrative Code Section 401, authorize the Director, Department of Purchasing and Contracting, to negotiate an amendment to and upon successful negotiations, amend contract No with Hargreaves Associates to provide professional design services in the update of the Waterfront Park design, and construction administration services should the development project be subsequently authorized, subject to the availability of funds; and to subsequently amend the contract as required to reflect changes to services and funding allocations, subject to the approval of the Director, Department of General Services. Waive the advertising requirement of Board Policy A-87; 1/25/

19 8. Authorize the Director of Purchasing and Contracting to take any action authorized by Section 401, et seq. of the Administrative Code, with respect to contracting for the J.B. Askew Building demolition public project. Direct the Director of General Services to implement the mitigation measures identified for the demolition portion of the project in the Findings Concerning Mitigation of Significant Environmental Effects; 9. Designate the Director of General Services as the County Officer responsible for administering all awarded contracts. 11. SUBJECT: GENERAL SERVICES - ACCEPTANCE OF REVENUE FROM THE CITY OF IMPERIAL BEACH AND AUTHORIZATION TO CONTRACT FOR THE IMPERIAL BEACH LIBRARY EXPANSION PROJECT (DISTRICT: 1) The Imperial Beach Branch of the County Library has experienced increased demand for services in recent years and expansion of the current 5,000-square-foot library is planned to meet the service needs of the community. The current library building does not have adequate functional space for library materials, programs and resources needed by the community. The County Library is requesting acceptance of $40,000 in unanticipated revenue from the City of Imperial Beach as a matching contribution to District 1 Neighborhood Reinvestment Funds. On June 29, 2009 (9), Neighborhood Reinvestment Funds of $100,000 were approved for library improvements in District 1. Today s proposed actions will appropriate a total of $80,000 ($40,000 from the City of Imperial Beach along with $40,000 of the Neighborhood Reinvestment Funds) to be used for preliminary costs related to the expansion of the Imperial Beach Branch Library, including environmental and engineering studies that will identify requirements and the course of action. Funds for this request are not included in the Fiscal Year Operational Plan for Capital Project , Imperial Beach Library Expansion. If approved, this request will result in current year costs and revenue of $80,000 which will be used for preliminary engineering costs and other due diligence studies related to the expansion of the Imperial Beach Branch Library. The funding sources are a revenue contribution from the City of Imperial Beach ($40,000) and District 1 Neighborhood Reinvestment Program funds ($40,000) allocated to the Library Fund. There will be no change in net General Fund cost and no additional staff years. The proposed expansion of the library building is estimated to cost between $6 million to $7 million. The current funding for this project is $500,000, approved by the Board on April 13, 2010 (16), subject to a minimum future funding match of $1,000,000 from the City of Imperial Beach. 1/25/

20 BUSINESS IMPACT STATEMENT: Implementation of this project would have a positive impact to the San Diego regional economy by creating private sector consulting jobs which would result in the expansion of technical-related local employment opportunities. RECOMMENDATION: CHIEF ADMINISTRATIVE OFFICER 1. Find in accordance with Section of the State of California Environmental Quality Act Guidelines (CEQA), that the action identified herein is exempt from CEQA in that it consists solely of planning and feasibility studies for possible future actions. 2. Establish appropriations of $80,000 in the Library Capital Outlay Fund for Capital Project , Imperial Beach Branch Library Expansion, to provide funds for preliminary costs related to the expansion of the Imperial Beach Branch Library, based on unanticipated revenue from the City of Imperial Beach ($40,000) and an operating transfer from the Library Fund ($40,000). (4 VOTES) 3. Establish appropriations of $40,000 in the Library Fund, Operating Transfer Out, for the Imperial Beach Branch Library Expansion project, based on available fund balance. (4 VOTES) 4. Designate the Director of General Services as the County Officer responsible for the administration of all contracts associated with the expansion of the Imperial Beach Branch Library. 5. Authorize the Chair of the Board of Supervisors to sign a letter of appreciation recognizing the City of Imperial Beach for their contribution to the preliminary costs for the Imperial Beach Library Expansion project. 12. SUBJECT: REDISTRICTING SAN DIEGO COUNTY SUPERVISORIAL DISTRICTS (DISTRICTS: ALL) On December 7, 2010 (17) the Board of Supervisors initiated the 2011 redistricting process pursuant to which the Board of Supervisors will evaluate and adjust, as necessary, the boundaries of the five supervisorial districts in San Diego County based on the 2010 federal decennial census data. The Board of Supervisors approved in principle the establishment of a Redistricting Advisory Committee that will submit a report and recommendations to the Board of Supervisors on or before June 28, The Board of Supervisors directed County Counsel to return on January 25, 2011 with a resolution establishing the Redistricting Advisory Committee. The Board of Supervisors also directed the Chief Administrative Officer to develop redistricting criteria, opportunities for public input on redistricting plans, and timelines relating to the 2011 redistricting process, and to return for your 1/25/

21 consideration and adoption on January 25, This letter complies with those directives. Costs associated with today s recommendations are included in the Fiscal Year Adopted Operational Plan in the Community Services Executive Group Office. Costs are anticipated to be approximately $250,000 and the source of funding is the General Fund. This request will result in the addition of no staff years. BUSINESS IMPACT STATEMENT: RECOMMENDATION: CHIEF ADMINISTRATIVE OFFICER 1. Adopt the accompanying Resolution to Establish a Redistricting Advisory Committee, creating membership qualifications, related procedures, meeting requirements, staffing criteria, duties and responsibilities, and terms of service. Waive certain provisions of Board of Supervisors Policy A Adopt the proposed 2011 Redistricting Criteria and Guidelines set forth in Attachment A to govern the 2011 Redistricting Process. 3. Approve the proposed Redistricting Timeline set forth in Attachment B, establishing a framework for the work of the Redistricting Advisory Committee, as well as public participation in the 2011 Redistricting Process. 13. SUBJECT: SPONSORING LEGISLATION TO PERMANENTLY FUND GRAFFITI ABATEMENT PROGRAMS (DISTRICT: 1) Nothing can ruin a community s image faster than graffiti. But graffiti is more than a quality of life issue. It is an expensive problem for cities and public agencies that have to spend money to erase graffiti; money that could be better spent on services for the public. It is a threat to public safety. Graffiti is an open invitation to gangs and other criminals to invade a neighborhood and create havoc and damage. It affects our local economy by scaring away businesses, or burdening businesses with unnecessary expenses to paint over graffiti. Today, however, the County and the cities in our region are embarking on a region-wide pilot program to combat graffiti with the use of technology. Through the use of a program called Graffiti Tracker, graffiti incidents can be analyzed, providing law enforcement authorities with the information they need to arrest and prosecute taggers. Since taggers often hit more than one location, it gives prosecutors a bounty of information that they can use to issue multiple counts against a tagger. The more counts, the larger the restitution that prosecutors can seek in a court ruling for damages caused to a community. 1/25/

22 Typically, these restitution dollars are returned to the jurisdiction where the graffiti occurred. The regional pilot program about to begin is expected to last 18 months. Some cities and agencies with budgets that are stretched thin may find it a challenge to continue the program. Approval of this recommendation will result in directing the Chief Administrative Officer to seek state legislation to permanently fund graffiti abatement programs using a dedicated portion of restitution going to public jurisdictions from graffiti crimes and add the sponsorship proposal to the County s legislative program. There are no fiscal impacts associated with today s action. BUSINESS IMPACT STATEMENT: RECOMMENDATION: SUPERVISOR COX AND DISTRICT ATTORNEY DUMANIS Direct the Chief Administrative Officer to seek state legislation to permanently fund graffiti abatement programs using a dedicated portion of restitution going to public jurisdictions from graffiti crimes and add the sponsorship proposal to the County s legislative program. 14. SUBJECT: NOTICED PUBLIC HEARING: CONFLICT OF INTEREST CODE: VARIOUS AGENCIES (DISTRICTS: ALL) The Board of Supervisors serves as the Code Reviewing Body for any Local Government, other than cities, with jurisdiction wholly within the County, per Government Code Section The recommended action would approve the adopted Conflict of Interest Codes submitted by Bonsall Union High School District, Fallbrook Union High School District, Gompers Preparatory Academy and Lakeside Union School District. The funding source for administration of this task is included in the Fiscal Year 2010/2011 Adopted Budget. These reviews require minor costs, which may be recoverable from the State of California. BUSINESS IMPACT STATEMENT: 1/25/

23 RECOMMENDATION: CHIEF ADMINISTRATIVE OFFICER Approve the adopted Conflict of Interest Codes submitted by the following agencies: Bonsall Union Elementary School District Fallbrook Union High School District Gompers Preparatory Academy Lakeside Union School District 15. SUBJECT: REOFFERING OF THE MUSEUM OF CONTEMPORARY ART SAN DIEGO CONDUIT CERTIFICATES OF PARTICIPATION (DISTRICTS: 1 & 3) On October 26, 2004 (14), the Board authorized the delivery and sale of variable rate demand certificates of participation on behalf of, and to be secured by, the Museum of Contemporary Art San Diego ( MCASD or Corporation ) in the original principal amount $13,000,000 and dated December 16, 2004 ( 2004 COPs ). At the time the 2004 COPs were to be remarketed by Banc of America Securities LLC ( BAML ) and liquidity was provided by a Letter of Credit with Allied Irish Banks, p.l.c. ( AIB ). In November and December of 2010, AIB s credit ratings were downgraded to Baa3/BBB/BBB by Moody s Investors Service ( Moody s ), Standard & Poor s ( S&P ), and Fitch Ratings ( Fitch ) respectively. Presently, the Corporation would like to reoffer the 2004 COPs with a new letter of credit provider and remarketing agent in order to achieve lower operations costs. The Corporation would like to replace AIB with Northern Trust Company, a national bank based in Chicago, Illinois, rated Aa3/AA/AA- by Moody s, S&P, and Fitch respectively ( Bank ). At this time, the Corporation would also like to replace BAML as remarketing agent with Westhoff, Cone & Holmstedt. Today s recommended action would approve the form of the Remarketing Memorandum that will provide required disclosure on these changes to the 2004 COPs. There is no fiscal impact as a result of this recommendation. The repayment of the 2004 COPs and any related costs are the responsibility of the Corporation. The Corporation anticipates achievement of a remarketing rate approximately 375 basis points lower than the current remarketing rate, which would provide interest cost savings of $365,500 annually. BUSINESS IMPACT STATEMENT: 1/25/

24 RECOMMENDATION: CHIEF ADMINISTRATIVE OFFICER Approve a resolution entitled: RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF SAN DIEGO APPROVING A REMARKETING MEMORANDUM IN CONNECTION WITH THE REPLACEMENT OF THE LETTER OF CREDIT FOR THE OUTSTANDING CERTIFICATES OF PARTICIPATION PAYABLE FROM PURCHASE PAYMENTS TO BE RECEIVED FROM THE MUSEUM OF CONTEMPORARY ART SAN DIEGO AND OTHER MATTERS RELATING THERETO. 16. SUBJECT: SAN DIEGO COMMUNITY COLLEGE DISTRICT GENERAL OBLIGATION REFUNDING BONDS (DISTRICTS: 3 & 4) A bond election was held in the San Diego Community College District, County of San Diego, State of California (the District ) on November 2, At this election, approximately 68% of the qualified electors of the District, which exceeds the necessary 55%, voted for the issuance and sale of general obligation bonds of the District for various purposes in the maximum principal amount of $685,000,000 (the Authorization ). To date, $481,293,407 of the Authorization has been issued via three series of bonds. The District has authorized the refunding of two of the three outstanding series of bonds: (i) the San Diego Community College District Tax-Exempt General Obligation Bonds, Election of 2002, Series 2003A original principal amount of $86,345,000 (the 2003A Bonds ); (ii) the San Diego Community College District, General Obligation Bonds, Election of 2002, Series 2005 with an original principal amount of $244,999,901 (the 2005 Bonds, and together with the 2003A Bonds, the Prior Bonds ). The District has authorized the refunding of the Prior Bonds via the issuance and sale of one or more series of general obligation bonds to be designated as the San Diego Community College District (San Diego County) General Obligation Refunding Bonds in an aggregate amount not to exceed $80,000,000 (the Refunding Bonds ). Subsequent to the issuance of the Refunding Bonds, approximately $203,706,593 of the Authorization will remain. The Refunding Bonds will be general obligations of the District to be paid from ad valorem property taxes levied within its boundaries, and do not constitute an obligation of the County. BUSINESS IMPACT STATEMENT: 1/25/