County of San Diego Board of Supervisors

BOARD OF SUPERVISORS
[ Statement of Proceedings | Calendar | Clerk of the Board ]

COUNTY OF SAN DIEGO

STATEMENT OF PROCEEDINGS

REGULAR MEETING OF BOARD OF SUPERVISORS

TUESDAY, MAY 5, 1998

MORNING SESSION - Meeting was called to order at 9:08 a.m.

Present: Supervisors Greg Cox, Chairman; Pam Slater, Vice Chair; Dianne Jacob, and Bill Horn; also Thomas J. Pastuszka, Clerk. Absent: Supervisor Ron Roberts.

Invocation by Command Chaplain Tom Thies, Naval Station San Diego.

Pledge of Allegiance to the Flag led by Student Council Officers from Valley Vista Elementary School, Bonita: Sidney Lingle, President; Nicholas Sackos, Vice President; Wilferd Guenthoer, Secretary; and Steven Camacho, Treasurer.

Approval of Statement of Proceedings/Minutes for Meeting of April 21, 1998.

ACTION:

ON MOTION of Supervisor Horn, seconded by Supervisor Jacob, the Board of Supervisors approved the minutes for the meeting of April 21, 1998.

AYES: Cox, Jacob, Slater, Horn

ABSENT: Roberts

Statement/

Minute Order

No. Subject

Board of Supervisors' Agenda Items

Category

Agenda No.

Subject

Health and Human Services

1.

Quality Assurance For San Diego County's Children in Child Care Facilities

 

2.

Continuation of General Motors Corporation Grant to Establish Trauma Network and Enhance Data Collection on Accidents, Injuries and Their Consequences

[Funding Source: Is a grant from General Motors Corporation and the National Highway Traffic Safety Administration]

Land Use and Environment

3.

Letter of Intent Regarding Planning for SR-11 and a New East Otay Mesa/Mesa De Otay II Port of Entry

 

4.

Construction of Ashwood Street Bike Lane in Lakeside

[Funding Source: Gas Tax Funds]

(4 VOTES)

 

5.

Shade Road - Emergency Access Gate, Valle De Oro Planning Area

 

6.

Construction of 14th Street Reinforced Concrete Box Culvert in Ramona

[Funding Source: Gas Tax Funds]

 

7.

Ballot Results for County Service Areas Requesting Assessment Increases

Community Services

8.

Camino Del Rey Bridge - Fed No. BRL-5957 (018) - Acquisition of Parcel No. 95-0154-A, B, C and D

 

9.

Set Hearing For: 6/2/98, 9:00 a.m.

Tijuana River Valley Regional Park -Acquisition of Parcel No. 98-0029-A

 

10.

Final Proposed 1998-99 Community Development Block Grant/HOME Investment Partnerships/Emergency Shelter Grant Annual Funding Plan

[Funding Source: Community Development Block Grant ($6,414,000); Community Development Block Grant Program Revenues ($930,000); HOME Investment Partnerships ($3,322,000) and Emergency Shelter Grant ($254,000)].

Public Safety Services

11.

Progress Report on Implementation of Jail Information Management System

 

12.

Law Enforcement Contract with the Grossmont Union High School District

[Funding Source: Mount Miguel High School's Title I Monies]

 

13.

Sole Source Approval for Crime Lab Equipment

 

14.

Acceptance of Donation

Finance and General Government

15.

1998-99 Cash Financing Program

[Funding Source: Interest Revenue and General Fund Revenue]

Appointments

16.

Appointments

Communication Received

17.

Communication Received

Closed Session

18.

Closed Session

Community Services

19.

Downtown Courthouse Fire Code Compliance

(Carryover Item from 4/28/98, Agenda No. 3)

[Funding Source: Bond Revenues and AB 189 Penalty Assessments]

Land Use and Environment

20.

Administrative Item:

Second Consideration and Adoption of Ordinance

Amendment to the Compensation Ordinance Deleting Specified Positions in the Department of Public Works Resulting in the Layoff of Employees

Land Use and Environment

21.

Administrative Item

Second Consideration and Adoption of Ordinance

Public Hearing to Consider Amendment of Ordinance in the Alpine, Lakeside and Spring Valley Sanitation Districts and the Winter Gardens Sewer Maintenance District to Provide for Commercial/Industrial User Sewer Service Charges Based on Biochemical Oxygen Demand

(Relates to Sanitation District, Agenda No. 1)

Proclamations/

Presentations

22.

Proclamations/Presentations

Public Communication

23.

Public Communication

1. SUBJECT: Quality Assurance for San Diego County's Children in Child Care Facilities

(Supv. Dist: All)

OVERVIEW:

Children are our most valuable asset - and it is imperative that their safety is protected. Yet, licensed family child care homes are inspected only once every three years. In those same three years, every single elevator will be inspected three times, every massage parlor will be inspected up to six times, over 2,500 hotels and motels will be inspected three times, each and every tattoo parlor will be inspected three times. As leaders in this County who have repeatedly placed a high priority on the health and safety of this County's children, the time has come to take a big step toward making child safety a priority.

FISCAL IMPACT:

There is no fiscal impact as a result of this request.

RECOMMENDATION:

SUPERVISOR JACOB:

1. Direct the Chief Administrative Officer to work with the State Department of Social Services, Community Care Licensing Division; Health and Human Services Agency Public Health Nursing and Family Resource Bureau; and the County's Child Care Planning Council to:

A. Explore the possibilities of developing a volunteer monitoring system for child care facilities and family child care homes in San Diego County.

B. Develop an aggressive parental education plan in conjunction with existing efforts, that will increase awareness of safety and quality of child care facilities for San Diego County parents.

C. Develop a customer satisfaction survey for parents of children in licensed and licensed exempt child care.

2. Direct the Chief Administrative Officer to pursue State legislation that will reinstate post-licensing visits and seek additional resources to increase State inspections for San Diego County licensed family child care homes.

3. Direct the Chief Administrative Officer to report back to the Board of Supervisors in 90 days with a status report.

ACTION:

ON MOTION of Supervisor Jacob, seconded Supervisor Slater, the Board of Supervisors took action as recommended; directed the Chief Administrative Officer and County Counsel to report back as soon as possible on what is needed to implement the following: 1) a requirement that disclosure statements are provided with childcare referrals; 2) parents informed that they have the right to view State licensing files; if this requires an ordinance, directed that a County ordinance be drawn up and brought back to the Board in 60 days; if it is determined that the law prohibits the County from implementing a County ordinance, report back with recommendations for changes to the State law in order to accomplish the goal; directed the Chief Administrative Officer to investigate State licensing criteria (both quality and frequency) to ascertain why this specific childcare provider is still licensed; and directed the Chief Administrative Officer investigate and report on development of an Internet site for parents to obtain information.

AYES: Cox, Jacob, Slater, Horn

ABSENT: Roberts

2. SUBJECT: Continuation of General Motors Corporation Grant to Establish Trauma Network and Enhance Data Collection on Accidents, Injuries and Their Consequences

(Supv. Dist: All)

OVERVIEW:

On April 16, 1996 (3), the Board of Supervisors approved a revenue agreement with the General Motors Corporation in partnership with the National Highway Traffic Safety Administration, Department of Transportation, for research to improve vehicle safety. The study involves collection and analysis of crash reconstruction data to determine the causes and effects of injuries sustained by drivers and passengers. This information will be used by auto manufacturers to continue to improve the design and engineering of passenger vehicles to reduce death and disability.

The original agreement provided for a three year grant, through June 30, 1999, funded at $300,000 per year. The grant period has been extended an additional three years, through June 30, 2002. Additionally, preliminary indications are that annual funding will be increased to $500,000 for at least the final two years of the grant. Today's action requests authorization for receipt of grant funds for Fiscal Year 1998-99, and continued receipt of funds for three additional years, at an amount of up to $500,000 per year.

FISCAL IMPACT:

The funding source is a grant from the General Motors Corporation and the National Highway Traffic Safety Administration. This request will result in no increase to current year cost and revenue, $300,000 in Fiscal Year 1998-99 cost and revenue, and up to $500,000 cost and revenue in each of the three subsequent years, with no increase in staff years.

RECOMMENDATION:

CHIEF ADMINISTRATIVE OFFICER:

Waive Board Policy B-29, Fees, Grants, Revenue Contracts--Department Responsibility for Cost Recovery. Approve and authorize the Clerk of the Board to execute, upon receipt, a revenue agreement with General Motors Corporation and the National Highway Traffic Safety Administration in the amount of $300,000 in Fiscal Year 1998-99 and an amount not to exceed $500,000 per year for the period July 1, 1999 through June 30, 2002.

ACTION:

ON MOTION of Supervisor Slater, seconded of Supervisor Jacob, the Board of Supervisors took action as recommended, on Consent.

AYES: Cox, Jacob, Slater, Horn

ABSENT: Roberts

3. SUBJECT: Letter of Intent Regarding Planning for SR-11 and a New East Otay Mesa/Mesa de Otay II Port of Entry

(Supv. Dist: 1)

OVERVIEW:

The Letter of Intent is a non-binding document that formalizes the understanding among all of the parties involved in planning a new border crossing and related infrastructure. This new Port of Entry is needed to meet the needs of rapidly growing trade and commercial traffic between Mexico and the United States. The action today will help to ensure that this binational plan can move forward.

FISCAL IMPACT:

The action requested today has no fiscal impact. Staff time for regional transportation planning efforts is included in the Department of Public Works budget.

BUSINESS IMPACT STATEMENT:

The addition of a new, state-of-the-art port of entry will positively impact property owners and developers in the east Otay Mesa area. Additionally, it will provide a transportation corridor that will help business transport goods across the border.

RECOMMENDATION:

CHIEF ADMINISTRATIVE OFFICER:

1. Authorize the Chief Administrative Officer to sign the Letter of Intent (Submitted Attachment 1)

a. There will be cooperation between Caltrans, SANDAG, the City of San Diego, the County of San Diego, the Secretariat of Human Settlements and Public Works of the State of Baja California and the City of Tijuana; and

b. Each signatory agency pledges to cooperate towards the planning for State Route 11 (SR-11) between SR-905 and the East Otay Mesa/Mesa de Otay II Port of Entry; and

c. The County will establish a plan for our participation including attendance at the Bi-State Transportation Technical Advisory Committee, Ports of Entry Council of the Board Liaison Mechanism for San Diego and Tijuana; adoption of required plans for highway right-of-way; continue to participate in meetings for development of the state-of-the-art port; work with Federal agencies as they designate the East Otay Mesa/Mesa de Otay II International Border Crossing and Port of Entry and its connecting roadways.

2. Direct staff to continue to work with the agencies involved.

ACTION:

ON MOTION of Supervisor Slater, seconded of Supervisor Jacob, the Board of Supervisors took action as recommended, on Consent; and directed the Chief Administrative Officer to prepare a letter for the Chairman's signature to San Diego Association of Governments (SANDAG) asking that the results of the East Otay Mesa Port of Entry planning effort be forwarded to the Chair of the newly formed SANDAG Committee tasked with conducting a major investment study of the SR-94 corridor.

AYES: Cox, Jacob, Slater, Horn

ABSENT: Roberts

4. SUBJECT: Construction of Ashwood Street Bike Lane in Lakeside

(Supv. Dist: 2)

OVERVIEW:

This is a request for approval of the advertisement and subsequent award of a contract to construct a bike lane on the west side of Ashwood Street in front of the El Capitan High School in Lakeside. The new bike lane will increase bicycle safety in front of the school.

FISCAL IMPACT:

Funds for this proposal are not budgeted. The funding shortfall will be closed by transferring $145,000 in appropriations originally budgeted for Undistributed Right-of-Way which will not be needed to purchase right-of-way during the remainder of this fiscal year. The funding source is Gas Tax Funds. If approved, this request will result in $145,000 current year cost, no annual cost and require the addition of no staff years.

RECOMMENDATION:

CHIEF ADMINISTRATIVE OFFICER:

1. Find in accordance with Section 15301 of the California Environmental Quality Act, Guidelines that this project is categorically exempt from the provisions of the Guidelines since it consists of the minor alteration of an existing facility with no increase in capacity.

2. Authorize the transfer of appropriations in the amount of $145,000 from Activity 6P5556 (Undistributed Right-of Way), Org. 5766, Account 3465, Task 465, to Activity 2C1013 (Ashwood Street Bike Lane), Org. 5766, Account 2324, Task 324. (4 VOTES)

3. Authorize the Director of General Services to take any action authorized by Section 398.17.3 of the Administrative Code with respect to contracting for the subject public works project.

4. Designate the Director of Public Works as the County Officer responsible for administering

the contract.

ACTION:

ON MOTION of Supervisor Slater, seconded of Supervisor Jacob, the Board of Supervisors withdrew this item at the request of the Chief Administrative Officer, on Consent.

AYES: Cox, Jacob, Slater, Horn

ABSENT: Roberts

5. SUBJECT: Shade Road - Emergency Access Gate, Valle De Oro Planning Area

(Supv. Dist: 2)

OVERVIEW:

On August 6, 1997 (4), the Board found that for reasons of public health and safety, pursuant to County Code Section 72.76. and in accordance with Section 21101(f) of the California Vehicle Code, Shade Road should remain closed to through traffic and the existing barricade should remain in place. The Board also directed staff to replace that portion of the barrier, necessary for public safety, with a locked gate.

On March 16, 1998, the Department of Public Works installed a locking gate with a Knox fire access lock. The gate was installed, inspected and approved by the Fire Marshal of the San Miguel Consolidated Fire Protection District.

On April 3, 1998, in the Superior Court of San Diego County in the matter of CITIZENS IN FAVOR OF OPENING SHADE ROAD, et al, vs. THE COUNTY OF SAN DIEGO, et al, the plaintiffs submitted to the Court a letter for the Chief of the San Miguel Fire Protection District stating that a strobe-activated emergency access gate is required at this location. Subsequently, the plaintiff argued that the County had failed in its attention to this matter and therefore the barricade should be removed and the roadway made open to the public.

County Counsel has asked that the Board of Supervisors clarify for the Fire Chief and for the Court the intent of the Board action on August 6, 1997 (4), as to whether the gate is to provide daily access or occasional emergency access.

FISCAL IMPACT:

The action requested has no fiscal impact.

RECOMMENDATION:

CHIEF ADMINISTRATIVE OFFICER:

Affirm that it is the intent of the Board of Supervisors that the locking gate provides occasional emergency access and that it is not intended to provide daily access to the area.

ACTION:

ON MOTION of Supervisor Slater, seconded of Supervisor Jacob, the Board of Supervisors took action as recommended, on Consent.

AYES: Cox, Jacob, Slater, Horn

ABSENT: Roberts

6. SUBJECT: Construction of 14th Street Reinforced Concrete Box Culvert in Ramona

(Supv. Dist: 2)

OVERVIEW:

This project is located in the Ramona Neighborhood Revitalization Area. This is a request for approval of the advertisement and subsequent award of a contract to replace an undersized reinforced concrete box culvert with a new larger reinforced concrete box culvert under 14th Street in Ramona. The new box culvert will benefit the community by providing increased flow capacity and thereby prevent flooding of the road and adjacent property which occurs during periods of heavy rainfall.

FISCAL IMPACT:

Funds for this proposal are budgeted. The funding source is Gas Tax Funds. If approved, this request will result in $148,000 current year cost, no annual cost and require the addition of no staff years.

RECOMMENDATION:

CHIEF ADMINISTRATIVE OFFICER:

1. Find in accordance with Section 15302 of the California Environmental Quality Act Guidelines that this project is categorically exempt from the provisions of the Guidelines since it consists of the replacement of an existing structure which will have substantially the same purpose as the structure replaced.

2. Authorize the Director of General Services to take any action authorized by Section 398.17.3 of the Administrative Code with respect to contracting for the subject public works project.

3. Designate the Director of Public Works as the County Officer responsible for administering the contract.

ACTION:

ON MOTION of Supervisor Slater, seconded of Supervisor Jacob, the Board of Supervisors took action as recommended, on Consent.

AYES: Cox, Jacob, Slater, Horn

ABSENT: Roberts

7. SUBJECT: Ballot Results for County Service Areas Requesting Assessment Increases

(Supv. Dist: 5)

OVERVIEW:

As a result of the approval of Proposition 218, approved by the voters on November 5, 1996, County Service Areas wishing to increase their property owner assessments from the prior year amount must obtain weighted majority ballot approval by their property owners. The Board of Supervisors is being asked to confirm the results of two such notice and balloting processes today and direct any changes to the Fiscal Year 1998-99 budget and benefit charges on the tax bill.

FISCAL IMPACT:

The requested action has no fiscal impact. The fiscal impact of County Service Area 20 - Daily Road and County Service Area 95 - Valle Del Sol will be addressed at a subsequent Board meeting when the County Budget is approved.

RECOMMENDATION:

CHIEF ADMINISTRATIVE OFFICER:

1. Confirm the results of the balloting for County Service Areas 95 - Valle Del Sol and 20 - Daily Road.

2. Direct the Chief Financial Officer/Auditor to adjust the Fiscal Year 1998-99 Budgets.

ACTION:

ON MOTION of Supervisor Slater, seconded of Supervisor Jacob, the Board of Supervisors took action as recommended, on Consent.

AYES: Cox, Jacob, Slater, Horn

ABSENT: Roberts

8. SUBJECT: Camino Del Rey Bridge - Fed No. BRL-5957 (018) - Acquisition of Parcel No. 95-0154-A, B, C and D

(Supv. Dist: 5)

OVERVIEW:

On July 22, 1997 (3), the Board of Supervisors approved the Department of Public Works' Fiscal Year 1997-98 Detailed Work Program which included the Camino Del Rey Bridge project. The project will replace the temporary bridge that was installed over the San Luis Rey River when the original bridge washed out following the floods of 1993. The project requires the acquisition of right-of-way easements from three property owners. The County has previously acquired two of the three easements from the owners.

The last remaining owner has now agreed to sign a real property contract. The Board of Supervisors is requested to approve the real property contract for the purchase of Parcel No. 95-0154-A, B, C and D from Frank N. Vessels. In addition, the Board is requested to approve the Landscape Maintenance Agreement with San Luis Rey Downs to provide maintenance for the additional landscaping being installed by the County at the request of the Bonsall Community.

FISCAL IMPACT:

Funds for this proposal are budgeted in the Fiscal Year 1997-98 Road Fund Detailed Work Program and are based on Federal Highway Administration Bridge Repair and Restoration funds and gasoline taxes. If approved, this proposal will result in a cost of $34,200 in Fiscal Year 1997-98, no additional costs in subsequent years, and the addition of no staff years.

RECOMMENDATION:

CHIEF ADMINISTRATIVE OFFICER:

1. Approve the Real Property Contract for Parcel No. 95-0154-A, B, C and D (Vessels) for $34,200, and authorize the Clerk of the Board to execute two copies of the Real Property contract.

2. Authorize the Director of General Services, or assignee, to execute all escrow and related documents to complete the purchase of the parcel.

3. Approve the Landscape Maintenance Agreement with San Luis Rey Downs and authorize the Clerk of the Board to execute two copies of the Landscape Maintenance Agreement.

ACTION:

ON MOTION of Supervisor Slater, seconded of Supervisor Jacob, the Board of Supervisors took action as recommended, on Consent.

AYES: Cox, Jacob, Slater, Horn

ABSENT: Roberts

9. SUBJECT: Set Hearing for 6/2/98, 9:00 a.m.

Tijuana River Valley Regional Park - Acquisition of Parcel No. 98-0029-A

(Supv. Dist: 1)

OVERVIEW:

On November 22, 1988 (24), the Board adopted a resolution approving funding for the acquisition of property in the Tijuana River Valley for park purposes. To date, the County owns 925.33 acres in the subject area.

The Board of Supervisors is requested to set a public hearing to consider the purchase of Parcel No. 98-0029-A from Arrieta Construction, Inc. The property, which consists of 39.83 acres of vacant land, is located at the westerly end of the Tijuana River Valley, north of, and fronting on, Monument Road, west of Saturn Boulevard. It represents the final parcel planned for acquisition in the Tijuana River Valley using the remaining 1988 State Bond Act funding.

FISCAL IMPACT:

There is no fiscal impact associated with this request. Funding for the proposed purchase will come from the 1988 State Bond Act Grant. There will be no impact on the County General Fund.

RECOMMENDATION:

CHIEF ADMINISTRATIVE OFFICER:

1. Set a hearing for June 2, 1998, at which time the Board of Supervisors may consider the purchase of Parcel No. 98-0029-A (Arrieta) in accordance with Government Code Section 25350.

2. Direct the Clerk of the Board of Supervisors to publish the required Notice of Intention to Purchase in accordance with California Government Code Section 6063.

ACTION:

ON MOTION of Supervisor Slater, seconded of Supervisor Jacob, the Board of Supervisors took action as recommended, on Consent, setting Hearing for June 2, 1998, 9:00 a.m.

AYES: Cox, Jacob, Slater, Horn

ABSENT: Roberts

10. SUBJECT: Final Proposed 1998-99 Community Development Block Grant/HOME Investment Partnerships/Emergency Shelter Grant Annual Funding Plan

(Supv. Dist: All)

OVERVIEW:

This Board letter includes staff response to referrals by the Board of Supervisors during a scheduled March 17, 1998, public hearing on the Proposed 1998-99 Community Development Block Grant (CDBG)/HOME Investment Partnerships/Emergency Shelter Grant Annual Funding Plan. The recommended actions will approve the final Proposed 1998-99 CDBG/HOME Investment Partnerships/Emergency Shelter Grant Annual Funding Plan for submittal to the U.S. Department of Housing and Urban Development.

FISCAL IMPACT:

If authorized, the funding sources for the proposed $10,920,000 1998-99 CDBG/HOME Investment Partnerships/Emergency Shelter Grant Annual Funding Plan are CDBG ($6,414,000); CDBG Program Revenues ($930,000); HOME Investment Partnerships ($3,322,000) and Emergency Shelter Grant ($254,000). These appropriations and revenues will be included in the Fiscal Year 1998-99 County Budget. Also requested for authorization is the additional allocation of $298,035 in budgeted CDBG Funds, which include the reallocation of various budgeted prior year CDBG Funds, as shown, totaling $298,035. If approved, these requests will require the addition of no staff years and will result in no annual costs.

BUSINESS IMPACT STATEMENT:

If approved, these recommendations will have a positive impact on the business community. Most of the recommended projects include construction phases which will be implemented by private construction firms selected through a competitive bid process.

RECOMMENDATION:

CHIEF ADMINISTRATIVE OFFICER:

1. Approve the submitted 1998-99 CDBG/HOME Investment Partnerships/Emergency Shelter Grant Annual Funding Plan for submittal to the U.S. Department of Housing and Urban Development.

2. Adopt a Resolution (Submitted Attachment A) certifying compliance with all certifications required by the Housing and Community Development Act of 1974, as amended, and transmitting to the U.S. Department of Housing and Urban Development the 1998-99 CDBG/HOME Investment Partnerships/Emergency Shelter Grant Annual Funding Plan.

3. Authorize the Chairman of the Board of Supervisors to sign the 1998-99 CDBG/HOME Investment Partnerships/Emergency Shelter Grant Annual Funding Plan and other relevant documents on behalf of the San Diego Urban County and HOME Investment Partnerships Consortium.

4. Approve and authorize the Chairman of the Board of Supervisors to execute the 1998-99 CDBG/HOME Investment Partnerships and Emergency Shelter Grant Agreements between the County of San Diego and the U.S. Department of Housing and Urban Development, when received.

5. Approve and authorize the reallocation of $185,035 in CDBG funds to the:

a. Julian Community Multi-Purpose Room Project - $42,500

b. Alpine Child Care Center Building Renovation Design Project - $106,310

c. Boulevard Community Center/Fire Station Parking Lot and Roof Improvements Project - $22,000 and

d. Fallbrook Community Center Kitchen Improvement Project - $14,225

from the:

a. Fallbrook Citrus Plant Site Testing Project - $29,000

b. Lincoln Acres Trash Cleanup Project - $2,178

c. Ramona Boys and Girls Club Project - $2,154

d. Spring Valley Trash Cleanup Project - $674

e. Mountain Empire Health Clinic Project - $123

f. Jacumba Library Project - $1,070

g. Ocotillo Wells Fire Equipment Project - $21

h. Valley Center Senior Center Design Project - $50,000

i. Community Development Block Grant Contingency Reserve - $99,815

6. Approve and authorize the reallocation of $51,000 to the Fallbrook Revitalization Plan Phase I Project and $62,000 to the Lakeside Woodside/Maine Revitalization Plan Phase I Project from the existing CDBG Contingency Reserve.

7. Approve and authorize the Director of Housing and Community Development to execute all necessary documents for the submittal and/or regulatory processing and implementation of the San Diego County 1998-99 CDBG/HOME Investment Partnerships/Emergency Shelter Grant Annual Funding Plan, and reallocation projects described in Recommendation No. 5.

8. Authorize the publication of any required Notices to the Public of Request for the Release of funds for the recommended projects; authorize the Chairman of the Board of Supervisors to execute the Requests for Release of funds and certification, and direct staff to transmit the executed Requests for Release of funds to the U.S. Department of Housing and Urban Development upon completion of any mandatory waiting periods.

9. Authorize the Director of Housing and Community Development to negotiate and award contracts to recipients following the completion of environmental processing and U.S. Department of Housing and Urban Development release of funds, if applicable.

10.Authorize the Director of Housing and Community Development to execute all funding agreements and to make any necessary programmatic or budgetary amendments to the agreements after consultation with County Counsel.

ACTION:

Amending Recommendations to reduce 5-A Fallbrook Citrus Plant Site Testing Project by $3,000 to $26,000; reduce 5-B Lincoln Acres Trash Cleanup Project by $2,178 to 0; increase 5-I Community Development Block Grant Contingency Reserve by $5,178 to $104,993, ON MOTION of Supervisor Jacob, seconded of Supervisor Slater, the Board of Supervisors took action as recommended, adopting Resolution No. 98-117, Untitled (pertaining to Consolidated Plan and 1998-99 CDBG/HOME Investment Partnerships/ Emergency Shelter Grant Annual Funding Plan for Fiscal Year 1998-99); directed the Chief Administrative Officer to look at ways to restore $50,000 to the Borrego Springs gymnasium; directed the Chief Administrative Officer to freeze $80,000 for the Senior Center in Ramona, pending discussions by the Ramona Revitalization Committee; directed the Chief Administrative Officer to submit options for repair of Harness Street; and directed the Chief Administrative Officer to encumber and not spend the $116,180 allocated to three Lincoln Acres projects (24th Street Sidewalk Supplement, Community Center Park improvements, and Library Community Center ADA improvements).

AYES: Cox, Jacob, Slater, Horn

ABSENT: Roberts

11. SUBJECT: Progress Report on Implementation of Jail Information Management System

(Supv. Dist: All)

OVERVIEW:

This is a report on the progress of the implementation of the Jail Information Management System (JIMS) as requested by your Board on February 10, 1998. The Sheriff's responses to the recommendations contained in the Warner Group Report are also provided.

FISCAL IMPACT:

There will be no fiscal impact as a result of this report.

RECOMMENDATION:

SHERIFF:

Accept this report.

RECOMMENDATION:

CHIEF ADMINISTRATIVE OFFICER:

Concur.

ACTION:

ON MOTION of Supervisor Slater, seconded of Supervisor Jacob, the Board of Supervisors took action as recommended, on Consent.

AYES: Cox, Jacob, Slater, Horn

ABSENT: Roberts

12. SUBJECT: Law Enforcement Contract with the Grossmont Union High School District

(Supv. Dist: 4)

OVERVIEW:

This is a request to approve a one- year agreement for law enforcement services between the Sheriff's Department and the Grossmont Union High School District. On March 12, 1998, the District's Board of Education approved the funding for a school resource deputy to work full time at the Mount Miguel High School. This position will serve the school, families and the community by decreasing drug and gang activity among students and decreasing the numbers of calls for services from the beat Deputy who patrols the area. The proposed start date is August 1, 1998.

FISCAL IMPACT:

The funding source is from the Mount Miguel High School's Title I monies. If approved, this request will result in cost of $64,805 and revenue of $69,667 for Fiscal Year 1998-99 and cost of $5,891 and revenue of $6,333 for Fiscal Year 1999-2000. The fiscal impact of this request position has been included in the Sheriff's Department 1998-99 Budget Change letter request. Other overhead costs, totaling $5,304 have been added to this contract. The addition of this position will not require any additional position(s) for supervision or management of this contract.

RECOMMENDATION:

SHERIFF:

1. Waive Board Policy B-29, Fees, Grants, Revenue Contracts - Department Responsibility for Cost Recovery.

2. Approve and authorize the Clerk of the Board of Supervisors to execute a contract between the County of San Diego and the Grossmont Union High School District in the amount of $76,000. (County Contract No. 73517-R)

3. Authorize the Director of Human Resources to amend the Compensation Ordinance to add one Deputy Sheriff position (5746) to the Sheriff's Department.

RECOMMENDATION:

CHIEF ADMINISTRATIVE OFFICER:

Concur.

ACTION:

ON MOTION of Supervisor Slater, seconded of Supervisor Jacob, the Board of Supervisors took action as recommended, on Consent.

AYES: Cox, Jacob, Slater, Horn

ABSENT: Roberts

13. SUBJECT: Sole Source Approval for Crime Lab Equipment

(Supv. Dist: All)

OVERVIEW:

The Sheriff's Budget for Fiscal Year 1997-98 contains funding for Crime Lab Equipment. Due to the complex nature of this equipment, pricing considerations and a need for compatibility with equipment used and approved by other agencies, sole source manufacturer purchase approval is requested for nine Intoximeter Breath-Testing Systems.

FISCAL IMPACT:

The fiscal impact of this action is a one-time expenditure of $62,400 from the Sheriff's Fiscal Year 1997-98 Budget. No additional staff years are required. No additional future year maintenance costs are anticipated.

RECOMMENDATION:

SHERIFF:

1. In accordance with Board Policy A-87, Competitive Procurement, approve and authorize the Purchasing and Contracting Director to acquire brand name equipment manufactured by Intoximeter Inc., and subject to successful negotiations and determination of a fair and reasonable price, award a contract for the purchase of nine Intoximeter Breath-Testing Systems.

2. Waive the advertising requirement of Board Policy A-87.

RECOMMENDATION:

CHIEF ADMINISTRATIVE OFFICER:

Concur.

ACTION:

ON MOTION of Supervisor Slater, seconded of Supervisor Jacob, the Board of Supervisors took action as recommended, on Consent.

AYES: Cox, Jacob, Slater, Horn

ABSENT: Roberts

14. SUBJECT: Acceptance of Donation

(Supv. Dist: All)

OVERVIEW:

This is a request to accept the donation of a motorhome, valued at $11,618, from the Honorary Deputy Sheriff's Association. The motorhome will be used to facilitate Sheriff's Homicide Detail investigations by serving as a crime scene command post.

FISCAL IMPACT:

Fiscal Year 1997-98 net County costs will increase by $903.89 as a result of the sales tax payment associated with the purchase of the motorhome from donated funds. Future year costs are $500 annually for fuel and maintenance. No depreciation costs are associated with this vehicle, which is not intended to be replaced upon disposal and will not be included in the Vehicle Internal Service Fund inventory. No additional staff years are required.

RECOMMENDATION:

SHERIFF:

Accept the donation of a motorhome from the Honorary Deputy Sheriff's Association, valued at $11,618, to be utilized as a crime scene command post for the Sheriff's Homicide Detail and authorize the Chair of the Board of Supervisors to sign a letter of thanks.

ACTION:

ON MOTION of Supervisor Slater, seconded of Supervisor Jacob, the Board of Supervisors took action as recommended, on Consent.

AYES: Cox, Jacob, Slater, Horn

ABSENT: Roberts

15. SUBJECT: 1998-99 Cash Financing Program

(Supv. Dist: All)

OVERVIEW:

This action recommends approval for the County to issue up to $175 million of Tax and Revenue Anticipation Notes (TRANS).

FISCAL IMPACT:

The funding source for the TRANS is Interest Revenue and General Fund Revenue. If approved, the request will result in an estimated $3,500,000 current year cost, and will not require the addition of any staff years. Sufficient appropriations are included in the Proposed Budget to cover the estimated debt service of the TRANS. Any adjustments required to reflect the final cost of the program will be made in a Change Letter.

RECOMMENDATION:

CHIEF ADMINISTRATIVE OFFICER:

Adopt the Resolution which provides for the issuance of Tax and Revenue Anticipation Notes for Fiscal Year 1998-99 in an amount not to exceed $175 million.

ACTION:

ON MOTION of Supervisor Horn, seconded of Supervisor Slater, the Board of Supervisors took action as recommended, adopting Resolution No. 98-118, entitled: RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF SAN DIEGO PROVIDING FOR THE BORROWING OF FUNDS FOR FISCAL YEAR 1998-1999 AND THE ISSUANCE OF COUNTY OF SAN DIEGO, CALIFORNIA 1998-1999 TAX AND REVENUE ANTICIPATION NOTES THEREFOR AND THE USE OF TEMPORARY TRANSFERS OF FUNDS BY THE COUNTY TO THE COUNTY GENERAL FUND.

AYES: Cox, Jacob, Slater, Horn

ABSENT: Roberts

16. SUBJECT: Appointments

(Supv. Dist: All)

OVERVIEW:

Should the Board of Supervisors appoint the following persons to the Advisory Boards, Committees and Commissions as indicated?

RECOMMENDATION:

CHAIRMAN COX:

Appoint Sharon Rudnick to the Emergency Medical Care Committee to fill the unexpired term of June Andrea as a representative of the Hospital Council for a term which expires on June 30, 1998

Reappoint Pat Richardson and Gloria Harris, two of the Commissions at-large appointees, for two-year terms expiring March 31, 2000.

RECOMMENDATION:

CHIEF ADMINISTRATIVE OFFICER:

Appoint as indicated. These appointments are in accordance with applicable Board Policy A74.

ACTION:

ON MOTION of Supervisor Slater, seconded of Supervisor Jacob, the Board of Supervisors took action as recommended, on Consent.

AYES: Cox, Jacob, Slater, Horn

ABSENT: Roberts

17. SUBJECT: Communications Received for Board of Supervisors' Official Records

(Supv. Dist: 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.

RECOMMENDATION:

CHIEF ADMINISTRATIVE OFFICER:

Note and file.

ACTION:

ON MOTION of Supervisor Slater, seconded of Supervisor Jacob, the Board of Supervisors took action as recommended, on Consent.

AYES: Cox, Jacob, Slater, Horn

ABSENT: Roberts

18. SUBJECT: Closed Session

(Supv. Dist: All)

A. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION

San Elijo Ranch, Inc., et al. v. County of San Diego, et al.; Riverside County Superior Court No. 272265/Court of Appeal No. E019371

B. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION

County of San Diego, et al. v. City of San Marcos, et al.; Riverside Superior Court No. 292531

C. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION

Kay Ryan, et al. v. Greg Cox, et al.; Riverside Superior Court No. 304694

D. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION

Dependency Attorney Panel, Inc. v. County of San Diego, et al.; Superior Court No. 719057

E. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION

County of San Diego v. San Marcos Redevelopment Agency, et al.; Superior Court No. 708905

F. CONFERENCE WITH LEGAL COUNSEL - THREATENED LITIGATION

Significant exposure to litigation pursuant to subdivision (b) of Government Code section 54956.9

No. Of Potential Cases 1

G. PUBLIC EMPLOYEE PERFORMANCE EVALUATION

Title: Chief Administrative Officer

H. CONFERENCE WITH LABOR NEGOTIATORS

Negotiator's Name: Carlos Arauz, Madge Blakey, Dan Kelley, Mike Kolb, and Carole McCown

Employee Organizations: All

ACTION:

Chairman Cox announced that any reportable matters would be announced before the Land Use meeting on May 6, 1998, at 9:00 a.m.

19. SUBJECT: Downtown Courthouse Fire Code Compliance

(Carryover Item from 4/28/98, Agenda No. 3)

(Supv. Dist: 1)

OVERVIEW:

On April 28, 1998 (3), your Board continued this matter to May 5, 1998 at the request of the Chief Administrative Officer, on Consent.

On April 15, 1997 (28), the Board of Supervisors authorized the Auditor and Controller to lift a portion of the appropriation freeze ($854,492) of the funds in Capital Project KK4901 (Downtown Courthouse Remodel Project) to provide for interior alterations and life safety/security corrections. The remaining appropriations ($767,185) were to remain frozen and be applied for building system corrections and repairs if required. This request will direct the Auditor and Controller to lift the freeze on the remaining portion of the appropriations in order to meet the fire code requirements which must be met in order to be in full compliance.

FISCAL IMPACT:

If approved, the proposal will designate $767,185 in appropriations to fund construction modifications at the Downtown Courthouse to meet fire code requirements. The funding sources for this project are Bond Revenues and AB189 Penalty Assessments. No additional staff years will be required as a result of this action.

RECOMMENDATION:

CHIEF ADMINISTRATIVE OFFICER:

1. Find in accordance with Section 15301(d) of the California Environmental Quality Act Guidelines that this project is categorically exempt from the provisions of the Guidelines since it consists of minor alterations to an existing facility.

2. Direct the Auditor and Controller to lift the freeze on the remaining appropriations ($767,185) in Capital Project KK4901 (Downtown Courthouse Remodel Project) to fund construction modifications necessary to meet fire code requirements at the Downtown Courthouse.

3. Authorize the Director of General Services to take any action authorized by Section 398.17.1a of the Administrative Code with respect to contracting for the subject public works project.

4. Designate the Director of General Services as the County Officer responsible for the administering of the contracts.

ACTION:

ON MOTION of Supervisor Slater, seconded of Supervisor Jacob, the Board of Supervisors took action as recommended, on Consent.

AYES: Cox, Jacob, Slater, Horn

ABSENT: Roberts

20. SUBJECT: Administrative Item:

Second Consideration and Adoption of Ordinance

Amendment to the Compensation Ordinance Deleting Specified Positions in the Department of Public Works Resulting in the Layoff of Employees.

(Supv. Dist: All)

OVERVIEW:

On April 28, 1998, (30), your Board introduced Ordinance for further Board consideration on May 5, 1998.

On April 21, 1998 (29), your Board continued this matter to April 28, 1998 at the request of the Chief Administrative Officer, on Consent.

This action amends the San Diego County Compensation Ordinance by implementing your Board's authorization to the Department of Public Works to reengineer work throughout the department for improved services, operational efficiency and management accountability. This action results in the deletion of authorized positions in the Department of Public Works in the Road Fund, Wastewater Management and Airports divisions resulting in the layoff of employees due to a lack of work.

FISCAL IMPACT:

If approved this action reduces expenditures for salaries and benefits by approximately $3.2 million in Fiscal Year 1998-99.

RECOMMENDATION:

CHIEF ADMINISTRATIVE OFFICER:

Adopt Ordinance entitled:

AN ORDINANCE AMENDING THE COMPENSATION ORDINANCE DELETING SPECIFIED POSITIONS IN THE DEPARTMENT OF PUBLIC WORKS.

ACTION:

ON MOTION of Supervisor Slater, seconded of Supervisor Jacob, the Board of Supervisors took action as recommended, on Consent, adopting Ordinance No. 8907 (New Series), entitled: AN ORDINANCE AMENDING THE COMPENSATION ORDINANCE DELETING SPECIFIED POSITIONS IN DEPARTMENT OF PUBLIC WORKS.

AYES: Cox, Jacob, Slater, Horn

ABSENT: Roberts

21. SUBJECT: Administrative Item:

Second Consideration and Adoption of Ordinance

Public Hearing to Consider Amendment of Ordinance in the Alpine, Lakeside and Spring Valley Sanitation Districts and the Winter Gardens Sewer Maintenance District to Provide for Commercial/Industrial User Sewer Service Charges Based on Biochemical Oxygen Demand

(Supv. Dist: All)

OVERVIEW:

On April 28, 1998 (17), your Board introduced Ordinance for further Board consideration on May 5, 1998.

On April 16, 1996, (58), the Board amended the Uniform Sewer Ordinance to provide for commercial/industrial user sewer service charges based on strength and flow of wastewater. At that time, the Uniform Sewer Ordinance was revised to implement only one of two strength factors, the suspended solids (SS) portion of the State mandate.

On May 6, 1997 (San 2), the Board considered the implementation of the second factor, the Biochemical Oxygen Demand (BOD) portion of the strength based sewer service charge system. The Board elected to delay implementation of the BOD portion of the sewer service charge for commercial and industrial customers for one year. The delay would allow staff time to develop a sampling and testing program for customers with high-strength wastewater to separate food preparation waste from the wastewater stream and thereby lower the cost of wastewater treatment.

The testing program was developed and implemented. It involved local high-strength customers. The results showed a marked decrease in BOD and SS when food waste was removed and grease interceptors were pumped on a frequent basis. The test program provided data to develop a new Revenue Code (26), that reduces costs to several customer categories that would have had the largest sewer service charge increases. On February 17, 1998 (San 1), the Board authorized use of the new Revenue Code and set a public hearing for today to consider adoption of the BOD factor.

The State Department of Water Resources (Cal EPA) approved the new Revenue Code on February 19, 1998, (Submitted Attachment 7), and recommends adoption and implementation of the BOD strength factor which is the subject of the Ordinance before you today.

Approval of the recommended actions will implement the BOD portion of the State mandate effective July 1, 1998. This change will not affect residential users (single-family, multi-family, condominiums, mobile-homes). This action does increase fees for some commercial and industrial users who have high-strength wastewater and lowers fees for other commercial and industrial users with lower strength.

FISCAL IMPACT:

These actions will not impact the County General Fund.

If the Ordinance is approved, certain commercial/industrial rates will increase beginning July 1, 1998. The BOD charge will not affect the sewer service charge for residential customers.

No significant change will occur in the Districts' Fiscal Year 1998-99 revenue from existing residential or commercial industrial customers. Any minor changes in revenue will be absorbed by fund balances.

BUSINESS IMPACT STATEMENT:

The State has mandated that County Districts which discharge wastewater to the City of San Diego's Metropolitan Wastewater System implement a user charge system that charges each user (or a user group) for the quantity of wastewater flow and wastewater strength. Businesses that generate large flows of wastewater with high concentrations of BOD (i.e., restaurants, food stores, and bakeries) will see an increase in annual sewer service charges.

Those businesses that participate in the pre-consumer food discard separation program will be assigned the new Revenue Code 26 and will have a smaller sewer service charge than those who do not participate (Submitted Attachment 5). Those not participating will be charged based on Average User Strength as set by the State Water Resources Control Board (Submitted Attachment 6).

RECOMMENDATION:

CHIEF ADMINISTRATIVE OFFICER:

Adopt Ordinance entitled:

AN ORDINANCE OF THE WINTER GARDENS SEWER MAINTENANCE DISTRICT REPEALING ORDINANCE 8678 (N.S.) AND SETTING SEWER SERVICE CHARGES FOR THE WINTER GARDENS SEWER MAINTENANCE DISTRICT BASED UPON THE STRENGTH OF WASTEWATER (Submitted Attachment 4)

(Relates to Sanitation District Agenda No. 1)

ACTION:

ON MOTION of Supervisor Slater, seconded of Supervisor Jacob, the Board of Supervisors closed the Hearing and took action as recommended, on Consent, adopting Ordinance No. 8908 (New Series), entitled: AN ORDINANCE OF THE WINTER GARDENS SEWER MAINTENANCE DISTRICT REPEALING ORDINANCE 8678 (NS) AND SETTING SEWER SERVICE CHARGES FOR THE WINTER GARDENS SEWER MAINTENANCE DISTRICT BASED UPON STRENGTH AND FLOW OF WASTEWATER

AYES: Cox, Slater, Horn

NOES: Jacob

ABSENT: Roberts

22. SUBJECT: Proclamations/Presentations

Chairman Cox presented Samantha, a one-year-old Spaniel, as the honored Pet of the Week; she was accompanied by Jacqui McDade, Senior Kennel Attendant, Animal Control.

On behalf of the Board, Chairman Cox presented a proclamation to Reint Reinders, President of the San Diego Convention and Visitors Bureau, and David Nuffer, Chairman of the Board of the San Diego Convention and Visitors Bureau, proclaiming May 3 - 9, 1998, as Tourism Week throughout the County of San Diego.

On behalf of the Board, Supervisor Slater presented a proclamation to Dan Avera, Director, San Diego County's Department of Environmental Health, proclaiming May as Food Safety Awareness Month throughout the County of San Diego.

On behalf of the Board, Supervisor Slater presented a proclamation to Roxanne Hoffman, Safe Kids Coalition, proclaiming May as Drowning Prevention Month throughout the County of San Diego.

23. SUBJECT: Public Communication

Don Stillwell asked the Board whether there were laws regarding limits on rent increases.

Patsy Fritz addressed the Board concerning the distribution of Park Land Dedication Ordinance fees collected under SB1693.

Paul Scott addressed the Board regarding the ability of the County to ensure enforcement of various zone/code regulations.

ACTION:

Heard, and referred to the Chief Administrative Officer.

There being no further business, the Board adjourned at 12:00 p.m. in memory of Captain Harold Emanuel Vita, Solana Beach; Edith Ross, Rancho Santa Fe; and Bob Lanham, Cardiff.

THOMAS J. PASTUSZKA

Clerk of the Board of Supervisors

County of San Diego, State of California

Notes by:

Hunter (Consent)

Gomez (a.m. Discussion)

- - -

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


Dist 1 Greg Cox | Dist 2 Dianne Jacob | Dist 3 Pam Slater
Dist 4 Ron Roberts | Dist 5 Bill Horn


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