County of san diego board of supervisors regular meeting tuesday, november



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FISCAL IMPACT:




Fraud Prevention (Recommendation 4)

The Fiscal Year 2009-2011 Operational Plan for the Health and Human Services Agency includes sufficient funding for this request. If approved, this request will result in current year costs of $682,690, revenue of $572,050, and $110,640 in Social Services Realignment for required matching funds. Subsequent year costs, revenue, and matching funds will be $1,365,381, $1,144,099, and $221,282 respectively. The funding sources are federal and State IHSS administrative revenue. To implement the plan, the Health and Human Services Agency will redirect ten current positions and the District Attorney will redirect one of their existing positions to this effort.  Should the County’s allocation increase, staff will return to the Board to request the establishment of additional appropriations as needed.


Current and New Provider Program (Recommendations 6-9):

The Fiscal Year 2009-2011 Operational Plan for the Health and Human Services Agency includes sufficient funding for this request. If approved, this request will result in current year costs of $524,351, revenue of $432,590, and $91,761 in Social Services Realignment required for matching funds.  Subsequent year costs, revenue, and matching funds will be $602,747, $497,266, and $105,481 respectively. The funding sources are federal and State IHSS administrative revenue. To implement the program, with Governing Body approval, the Public Authority will request five additional positions.






BUSINESS IMPACT STATEMENT:




N/A




RECOMMENDATION:




CHIEF ADMINISTRATIVE OFFICER

  1. Receive the staff and consultant report on In-Home Supportive Services Reform and direct staff to implement the proposed reform actions.




  1. Direct staff to pursue IHSS reform proposals as part of the County’s future legislative agenda, where appropriate.




  1. Direct staff to initiate discussions with the State and advocate for San Diego County’s inclusion in the Medicaid 1115 Hospital Waiver renewal as a potential site for long-term care integration.




  1. Approve the County Plan for In-Home Supportive Services Program Integrity and direct staff to submit the approved Plan to the California Department of Social Services with all necessary attachments by December 1, 2009.




  1. Direct staff to provide bi-annual updates to the Board on the status of the identified reform efforts.




  1. Approve and authorize the County of San Diego In-Home Supportive Services Public Authority to perform, effective immediately, on behalf of the County of San Diego, the following new provider related functions as set forth in newly enacted ABX4 19 and ABX4 4:

  • Provider enrollment pursuant to Welfare & Institutions Code § 12305.81;

  • Criminal background checks pursuant to Welfare & Institutions Code § 12305.86;

  • Conducting provider orientations pursuant to Welfare & Institutions Code §  12301.24 and

  • Other functions as necessary or required by state law and regulations, subject to available funding.




  1. Approve the introduction of the Ordinance (First Reading), read title and waive further reading of the Ordinance:

AN ORDINANCE AMENDING COUNTY OF SAN DIEGO ADMINISTRATIVE CODE ARTICLE IIIb RELATING TO THE DUTIES AND FUNCTIONS OF THE COUNTY OF SAN DIEGO IN-HOME SUPPORTIVE SERVICES PUBLIC AUTHORITY

If the Board takes the action requested in Recommendation 7, then on December 8, 2009 (Second Reading):


  1. Submit the Ordinance for further Board consideration and adoption (Second Reading).




  1. Approve and authorize the Clerk of the Board of Supervisors to execute the attached amended Interagency Agreement Between The County of San Diego and the County of San Diego In-Home Supportive Services Public Authority; and authorize the Clerk of the Board to execute non-material amendments to the Interagency Agreement.

(Relates to IHSS Agenda No. 1)






ACTION:




ON MOTION of Supervisor Jacob, seconded by Supervisor Slater-Price, the Board closed the Hearing took action as recommended, introducing Ordinance for further Board consideration and adoption on December 8, 2009.

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






11.

SUBJECT:

REVISION TO COUNTY SERVICE AREA 69 ADVISORY COMMITTEE BYLAWS (DISTRICT: 2)




OVERVIEW:




The Board of Supervisors established the County Service Area 69 (CSA 69) Heartland Emergency Medical Services District Advisory Committee to advise the Board and the Health and Human Services Agency on matters relating to the administration of emergency medical services within the district.
The CSA 69 Advisory Committee drafted a revision to its bylaws due to a name change precipitated by the merging of two fire protection districts. The proposed revision would amend a name in the Committee Membership Section from the East County Fire Protection District to the San Miguel Fire Protection District. This revision does not change the structure of the bylaws. It would only update the Committee Membership Section with the current name of the participating agency. Today’s action requests approval of the amended committee bylaws.




FISCAL IMPACT:




There is no fiscal impact associated with the recommended action.




BUSINESS IMPACT STATEMENT:




N/A




RECOMMENDATION:




CHIEF ADMINISTRATIVE OFFICER

Approve the amended County Service Areas 69 - Heartland Emergency Medical Services District Advisory Committee Bylaws.






ACTION:




ON MOTION of Supervisor Cox, seconded by Supervisor Roberts, the Board took action as recommended, on Consent.

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






12.

SUBJECT:

PUBLIC DEFENDER - NEW LEASE AGREEMENT FOR SOUTH BAY OFFICE AT 765 THIRD AVENUE, CHULA VISTA (DISTRICT: 1)




OVERVIEW:




The South Bay offices of the Public Defender and Alternate Public Defender have been located in leased space at 765 Third Avenue in Chula Vista since 1990. (The two departments were consolidated into one department, the Department of the Public Defender, beginning with Fiscal Year 2009-10.) The current lease term expired on October 31, 2009.
Today, the Board is requested to approve a new five-year lease agreement for the same 14,880 square feet of space with the building owner, Third Avenue Plaza, LLC. The proposed new lease contains two five-year options to extend the term through 2024. The rental rate of $29,760 per month ($2.00/sf/month), which excludes utilities paid by County, is within the range of comparable transactions for space of this type in the Chula Vista area.




FISCAL IMPACT:




Funds for this request are included in the Fiscal Year 2009-2010 Operational Plan in the Public Defender. If approved, the request will result in a cost of $238,080 in Fiscal Year 2009-2010 and a cost of $364,264 in Fiscal Year 2010-2011. Cost increase in the current fiscal year will be $9,128 and approximately $10,541 in subsequent year cost. This represents an increase of 4.0% over the rental rate in effect during the final year of the current lease. The funding source is the General Fund. There will be no additional staff years required.




BUSINESS IMPACT STATEMENT:




N/A




RECOMMENDATION:




CHIEF ADMINISTRATIVE OFFICER

  1. Find in accordance with Section 15301 of the California Environmental Quality Act (CEQA) Guidelines that this project is exempt from the provisions of CEQA because it involves the continuation of an existing use.




  1. Approve and authorize the Director of the Department of General Services to execute three copies of the lease agreement with Third Avenue Plaza, LLC, for 14,880 square feet of office space located at 765 Third Avenue, Chula Vista.




  1. Authorize the Director, Department of General Services to exercise the options to extend the lease prior to its expiration, if appropriate.




ACTION:




ON MOTION of Supervisor Cox, seconded by Supervisor Roberts, the Board took action as recommended, on Consent.

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






13.

SUBJECT:

AUTHORIZE ISSUANCE OF DESIGN-BUILD REQUEST FOR PROPOSAL AND APPROPRIATE FUNDING FOR San Pasqual Academy housing Reconstruction (DISTRICTS: ALL)




OVERVIEW:




Located on approximately 250 acres in rural San Pasqual Valley, the County of San Diego’s San Pasqual Academy is dedicated to providing an environment to meet the residential, academic, social, vocational, and health needs of adolescent foster youth. The campus provides a state-of-the-art, year-round, full-curriculum high school program and health care services to approximately 184 foster youth. The campus includes permanent and temporary staff housing, as well as housing for other community members who play a key role in the program.
The Witch Creek Fire of 2007 destroyed 20 non-student residences (including three residential trailers) and 2 administrative buildings located on the campus. Since that time, a plan has been developed to reconstruct the units on sites within the campus that will maximize their long-term benefit to the program. In addition, specific housing design and construction criteria have been established that will enhance fire safety on the campus.
The Board is requested to authorize Purchasing and Contracting to advertise and award a design-build contract for reconstruction of the proposed housing units and to approve funding for the project.




FISCAL IMPACT:




San Pasqual Academy Residences

Funds in the amount of $14,498,452 are included in the Fiscal Year 2009-2010 Operational Plan for Capital Project 1012286 – San Pasqual Academy Residences. If approved, this request will result in a reduction of costs in the amount of $5,349,052, which includes a transfer of $425,600 for the construction of the master-planned San Pasqual Administration Building. The total estimated project cost of $9,149,400 will be used for the reconstruction of the residential structures and related infrastructure at San Pasqual Academy. The funding source is an insurance reimbursement from CSAC – Excess Insurance Authority. There will be no change in net General Fund cost and no additional staff years are required.


San Pasqual (SPA) Administration Building

Funds for this request are not included in the Capital Outlay Fund for Capital Project 1013689 – San Pasqual (SPA) Admin Building project. If approved this request will result in costs and revenue of $900,600. The funding sources are transfers from Capital Project 1012286 – San Pasqual Academy Residences ($425,600) and the General Fund ($475,000). Funds will be used toward the construction of the master-planned San Pasqual (SPA) Administration Building. Should additional funds be required to construct the Administration Building project staff will return to the Board of Supervisors to request additional appropriations. This action will result in no new staff years and no additional costs to the General Fund.






BUSINESS IMPACT STATEMENT:




Expenditures for the reconstruction of structures and infrastructure will create private sector jobs and economic opportunities in the County of San Diego.




RECOMMENDATION:




CHIEF ADMINISTRATIVE OFFICER

  1. Find that the Negative Declaration (ND) (1977) and Subsequent ND (2006) on file in the Department of Planning and Land Use have been completed in compliance with California Environmental Quality Act (CEQA) and the state CEQA Guidelines and that the Board has reviewed and considered the information contained therein before approving the project; and




  1. Find that there are no changes in the project or in the circumstances under which it is undertaken which involve significant new environmental impacts which were not considered in the previously adopted ND and Subsequent ND, or a substantial increase in the severity of previously identified significant effects, and that no new information of substantial importance has become available since the ND and Subsequent ND were adopted. Therefore, in accordance with CEQA Guidelines sections 15162 through 15164, find that no additional environmental review is necessary for this action.

  2. Authorize the Director, Department of Purchasing and Contracting to take any action necessary to advertise and award a contract and to take any action authorized by Section 401, et seq. of the Administrative Code and Public Contracting Code section 20133 with respect to contracting for the reconstruction of the facilities destroyed at San Pasqual Academy.

  3. Designate the Director, Department of General Services, as the County Officer responsible for administering the awarded design-build contract.

  4. Cancel appropriations of $5,349,052 and related Operating Transfer from General Fund in the Capital Outlay Fund for Capital Project 1012286 - San Pasqual Academy Residences, due to the final insurance settlement from CSAC – Excess Insurance Authority ($4,923,452), and to provide funds for San Pasqual (SPA) Admin Building project ($425,600).

  5. Cancel appropriations of $4,923,452 and related revenue in the Contributions to Capital Outlay Fund due to the final insurance settlement from CSAC – Excess Insurance Authority.

  6. Transfer appropriations of $475,000 from the Department of Health and Human Services Agency, Facilities Management, to Contributions to Capital Outlay Fund, Operating Transfer Out, to provide funds for San Pasqual (SPA) Admin Building project.

  7. Establish appropriations of $900,600 in the Capital Outlay Fund for Capital Project 1013689 – San Pasqual (SPA) Admin Building, based on an operating transfer from the General Fund. (4 VOTES)




ACTION:




ON MOTION of Supervisor Roberts, seconded by Supervisor Cox, the Board took action as recommended.

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






14.

SUBJECT:

ADVOCATE FOR FEDERAL ACTION TO MITIGATE ENVIRONMENTAL IMPACTS IN THE TIJUANA RIVER VALLEY PARK (DISTRICT: 1)




OVERVIEW:




The Tijuana River Valley (TJRV) is home to a 1,874-acre County Regional Park that offers a diverse array of environmentally sensitive habitats and provides much needed recreational opportunities for the public. The TJRV is also a popular venue for local agriculture and equestrian activities. However, the environmentally sensitive valley is threatened by constant and excessive flooding exacerbated by trash and debris flowing downstream from the other side of the border.

The TJRV appears to be incurring increased damage as a consequence of the construction and design features associated with the border security fence recently completed by the federal government. Homeland security concerns were paramount in completing the border fence. As a result, the usual environmental considerations of building in such proximity to a sensitive ecosystem were not taken into account. We are now living with the unintended consequences of eroding slopes that clog the natural floodway of the Tijuana Valley River and create new costs for taxpayers.


Today’s action would direct the Chief Administrative Officer to advocate for the federal government to develop, implement, and fund mitigation plans to address the trash and debris flowing downstream into the Tijuana River Valley from the other side of the border and the ecological impacts of the border fence.




FISCAL IMPACT:




There are no fiscal impacts associated with today’s action.




BUSINESS IMPACT STATEMENT:




N/A




RECOMMENDATION:




SUPERVISOR COX

Direct the Chief Administrative Officer to advocate for the federal government to develop, implement, and fund mitigation plans to address trash and debris flowing downstream into the Tijuana River Valley from the other side of the border and the ecological impacts of the border fence.






ACTION:




ON MOTION of Supervisor Cox, seconded by Supervisor Roberts, the Board took action as recommended, on Consent.

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






15.

SUBJECT:

NOTICED PUBLIC HEARING:

ISSUANCE OF OBLIGATIONS BY THE CALIFORNIA ENTERPRISE DEVELOPMENT AUTHORITY FOR SAN DIEGO CHRISTIAN FOUNDATION, INC. IN AN AGGREGATE AMOUNT NOT TO EXCEED $6,000,000 (DISTRICT: 4)




OVERVIEW:




The County has received a request from the California Enterprise Development Authority (“CEDA”) to conduct a public hearing as required by the Internal Revenue Code and to approve CEDA’s issuance of revenue obligations in an aggregate principal amount not to exceed $6,000,000 (the “Obligations”), on behalf of the San Diego Christian Foundation, Inc. (the “Borrower”). The Borrower will use the proceeds of the Obligations to refinance the cost of acquiring, constructing, and improving of a 123-unit assisted and independent living facility located at 4282 Balboa Avenue, San Diego, California 92117 (the “Project”).
CEDA is authorized to assist in financing of non-profit public benefit organizations wishing to issue tax-exempt revenue bonds, including the Borrower. In order to initiate such a financing, the member jurisdiction, i.e., the County of San Diego, must: (1) conduct a public hearing to satisfy the public approval requirement of Section 147(f) of the Internal Revenue Code; and (2) approve CEDA’s issuance of the Obligations. Although CEDA will be the issuer of the tax-exempt obligations for the Borrower, the financing cannot proceed without the approval of the County of San Diego.






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