County of San Diego Board of Supervisors

COUNTY OF SAN DIEGO
STATEMENT OF PROCEEDINGS
REGULAR MEETING OF BOARD OF SUPERVISORS
WEDNESDAY, JUNE 3, 1998

Present: Supervisors Dianne Jacob, Chair Pro Tem; Ron Roberts and Bill Horn; also Sandra G. Carter, Assistant Clerk.

Approval of Statement of Proceedings/Minutes for Meetings of April 29, 1998; May 6, 1998 and May 12, 1998.

ACTION:

ON MOTION of Supervisor Horn, seconded by Supervisor Roberts, the Board of Supervisors approved the minutes for the meetings of April 29, 1998; May 6, 1998 and May 12, 1998.

1.	Approval of Amendment to the Joint Agreement to Improve Major Subdivision and Joint Lien Contract for County of San Diego Tract 4062-1, Final Map 11998, Located in the Fallbrook Planning Group Area (Carryover Item from 4/22/98, Agenda No. 2)
2.	Approval of Amendment to the Joint Agreement to Improve Major Subdivision and Joint Lien Contract for County of San Diego Tract 4062-2, Final Map 11999, Located in the Fallbrook Planning Group Area (Carryover Item from 4/22/98, Agenda No. 3)
3.	Appointments to the Planning and Environmental Review Board
4.	Revisions to Board of Supervisors Policy I-1, Planning and Sponsor Group Policies and Procedures
5.	Administrative Item: Approval of a Final Map and Secured Agreements for Public and Private Improvements for County of San Diego Tract No. 4739-1, Located in the Hidden Meadows Sponsor Group Area
6.	Administrative Item: Approval of a Final Map and Secured Agreements for Public and Private Improvements for County of San Diego Tract No. 4742-1, Located in the Hidden Meadows Sponsor Group Area
7.	Administrative Item: Approval of a Final Map and Secured Agreements for Public and Private Improvements for County of San Diego Tract 4907-2, Located in the Alpine Planning Group Area (Relates to Sanitation Agenda No. 1)
8.	Noticed Public Hearing: Tijuana River Valley Regional Park - Acquisition of Parcel No. 98-0029-A (Carryover Item from 5/5/98, Agenda No. 9) [Funding Source: 1988 Bond Act Grant Funds]
9.	Noticed Public Hearing: St. Vincent De Paul - Tax Exempt Financing
10.	Transfer of the Building and Code Enforcement Functions
11.	Amendments to the Compensation Ordinance to Transfer the Building and Code Enforcement Functions
12.	Business Owners Relief Act of 1997 [Funding Source: The Road Fund, and The General Fund]
13.	Administrative Item: Second Consideration and Adoption of Ordinances Amendment to the Compensation Ordinance Deleting Specified Positions in Air Pollution Control District Resulting in the Layoff of Employees
14.	Administrative Item: Second Consideration and Adoption of Ordinances Amendments to the Compensation Ordinance Pertaining to the Health and Human Services Agency
15.	Administrative Item: Second Consideration and Adoption of Ordinances Amendments to the Administrative Code Deleting the Equal Opportunity Management Office and to the Compensation Ordinance Deleting Specified Positions in the Equal Opportunity Management Office Resulting in the Layoff of Employees
16.	Closed Session
17.	Proclamations/Presentations
18.	Off Docket Item: Defense of Indigent Parents in Juvenile Dependency Cases by the Alternate Public Defender

1. SUBJECT: Approval of Amendment to the Joint Agreement to Improve Major Subdivision and Joint Lien Contract for County of San Diego Tract 4062-1, Final Map 11998, Located in the Fallbrook Planning Group Area

(Carryover Item from 4/22/98, Agenda No. 2)

OVERVIEW:

This tract is a residential subdivision consisting of 19 single-family residential lots on 40.80 acres.

The tract is located in the Fallbrook area on the southerly side of Del Valle Drive, 970 feet westerly from Olive Hill Road (Thomas Guide, Page 1047, F-5, 1998 Edition).

RECOMMENDATION:

CHIEF ADMINISTRATIVE OFFICER:

1. Approve the Joint Agreement to Improve Major Subdivision, the Lien Contract and Holding Agreement No. 82-0206-00 for County of San Diego Tract 4062-1 and authorize execution by the Clerk of the Board of Supervisors.

ACTION:

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

2. SUBJECT: Approval of Amendment to the Joint Agreement to Improve Major Subdivision and Joint Lien Contracts for County of San Diego Tract 4062-2, Final Map 11999, Located in the Fallbrook Planning Group Area

(Carryover Item from 4/22/98, Agenda No. 3)

OVERVIEW:

This tracts is a residential subdivision consisting of 24 single-family residential lots on 80.98 acres.

The tract is located in the Fallbrook area on the southerly side of Del Valle Drive, 970 feet westerly from Olive Hill Road (Thomas Guide, Page 1047, F-5, 1998 Edition).

RECOMMENDATION:

CHIEF ADMINISTRATIVE OFFICER:

1. Approve the Joint Agreement to Improve Major Subdivision, the Lien Contract and Holding Agreement No. 82-0212-00 for County of San Diego Tract 4062-2 and authorize execution by the Clerk of the Board of Supervisors.

ACTION:

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

OVERVIEW:

This is a request to make new appointments to the Planning and Environmental Review Board (PERB). This request is being made because of two staff retirements in the Department of Public Works.

FISCAL IMPACT:

RECOMMENDATION:

CHIEF ADMINISTRATIVE OFFICER:

1. Appoint Allen Holmquist, Senior Civil Engineer, Field Operations Section, to replace Chris Jernigan as the Public Works member on the Planning and Environmental Review Board.

2. Appoint Bruce Steel, Senior Civil Engineer, Construction Inspection Section, to replace Joe Hill as the First Alternate Public Works member on the Planning and Environmental Review Board

ACTION:

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

4. SUBJECT: Revisions to Board of Supervisors Policy I-1, Planning and Sponsor Group Policies and Procedures

OVERVIEW:

The purpose of this item is to revise Board of Supervisors Policy I-1, Planning and Sponsor Group

Policies and Procedures, to clarify terms of membership and eligibility requirements, and to establish seat numbers for the sponsor groups within the unincorporated area of the County of San Diego. In addition, this action will delete all references in Board Policy I-1 to the Board of Planning and Zoning Appeals.

FISCAL IMPACT:

No funding source is required. If approved, this request will result in no current year cost, no annual cost, and will require the addition of no staff years.

RECOMMENDATION:

CHIEF ADMINISTRATIVE OFFICER:

1. Find pursuant to Section 15378(b)(3) of the California Environmental Quality Act (CEQA) that the action is not defined as a project since the action is a continuing administrative, general policy and procedure making activity. Thus, the project is exempt from the CEQA under Section 15061 (b)(1) because the activity is not defined as a project.

2. Approve amendments to Board of Supervisors Policy I-1, Planning and Sponsor Group Policies and Procedures (Submitted Attachment A), which will establish the following:

a. The first Monday after January 1, 2001, and every four years thereafter as the date that odd numbered seats on each sponsor group expire.

b. The first Monday after January 1, 2003, and every four years thereafter as the date that even number seats on each sponsor group expire.

c. Deletion of all references to the Board of Planning and Zoning Appeals and North, South and Central Divisions.

d. Revise Article II - Membership, Section II, to revise eligibility requirements for sponsor groups.

3. Establish official seat numbers for all sponsor group members (Submitted Attachment C)

ACTION:

ON MOTION of Supervisor Horn, seconded by Supervisor Roberts, the Board of Supervisors took action as recommended; and directed the Chief Administrative Officer to improve ways in getting information to Sponsoring Groups and Planning Groups to give them time to respond.

Approval of a Final Map and Secured Agreements for Public and Private Improvements for County of San Diego Tract No. 4739-1, Located in the Hidden Meadows Sponsor Group Area

OVERVIEW:

This project is a planned development consisting of 20 single-family residential lots and total acreage of 36.24 acres.

It is located in the Hidden Meadows area at the northerly end of Tall Oak Drive. (Thomas Guide, Page 1089, E-4, 1998 Edition)

RECOMMENDATION:

CHIEF ADMINISTRATIVE OFFICER:

2. Accept the grant of an easement for open space over the portion of lots 1, 2, 3, and 5 through 16 as granted on said map.

3. Approve the Joint Agreement to Improve Major Subdivision, the Lien Contract and Holding Agreement No. 1134 and authorize execution by the Clerk of the Board of Supervisors.

4. Upon approval of the above documents by the Board and execution by the Clerk of the Board, the documents shall be forwarded to the County Recorder for recordation of the Lien Contract, Holding Agreement and Grant Deed.

5. Authorize the Chairman to execute the Lien Contract certificate on the map and authorize the Clerk of the Board to acknowledge this signature on the map.

ACTION:

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

Approval of a Final Map and Secured Agreements for Public and Private Improvements for County of San Diego Tract No. 4742-1, Located in the Hidden Meadows Sponsor Group Area

OVERVIEW:

This project is a subdivision consisting of 11 single-family residential lots, and a total acreage of 22.27 acres.

It is located in the Hidden Meadows area on High Vista Drive, northerly from Deer View Drive. (Thomas Guide, Page 1089, E-4, 1998 Edition)

RECOMMENDATION:

CHIEF ADMINISTRATIVE OFFICER:

2. Accept the grant of an easement for open space over the portion of lots 4, 5, 6, 8, 9, 10 and 11 as granted on said map.

3. Reject on behalf of the public High Vista Drive and the portion of High Vista Drive together with the right to extend and maintain drainage facilities and excavation and embankment slopes beyond the limits of the right-of-way as offered for dedication on said map.

4. Approve the Joint Agreement to Improve Major Subdivision, the Lien Contract and Holding Agreement No. 1135 and authorize execution by the Clerk of the Board of Supervisors.

5. Upon approval of the above documents by the Board and execution by the Clerk of the Board, the documents shall be forwarded to the County Recorder for recordation of the Lien Contract, Holding Agreement and Grant Deed.

6. Authorize the Chairman to execute the Lien Contract certificate on the map and authorize the Clerk of the Board to acknowledge this signature on the map.

ACTION:

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

Approval of a Final Map and Secured Agreements for Public and Private Improvements for County of San Diego Tract 4907-2, Located in the Alpine Planning Group Area

OVERVIEW:

This project is a planned development consisting of 20 residential lots with a maximum of 20 dwelling units, 2 private street lots, 1 open space lot, and a total acreage of 6.45 acres.

It is located in the Alpine area on the northerly side of Alpine Boulevard, 1625 feet westerly from West Victoria Drive. (Thomas Guide, Page 1234, A-6, 1998 Edition)

RECOMMENDATION:

CHIEF ADMINISTRATIVE OFFICER:

2. Accept the grant of an easement for open space over all of lot 48 as granted on said map.

5. Approve the Joint Agreement to Improve Major Subdivision which includes the street improvements and drainage facilities, sewer facilities, water facilities, setting of final monuments and authorize execution by the Clerk of the Board of Supervisors.

ACTION:

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

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

(Carryover Item from 5/5/98, Agenda No. 9)

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.

On May 5, 1998 (9), the Board 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:

Funds for this request are budgeted and available in the Capital Project. The funding source is 1988 Bond Act grant funds. If approved, this proposal will result in a current year cost of $478,000, no annual cost and the addition of no staff years. There will be no impact to the County General Fund.

RECOMMENDATION:

CHIEF ADMINISTRATIVE OFFICER:

1. Approve the Real Property Contract for the purchase of Parcel No. 98-0029-A (Arrieta) for the sum of $478,000, and authorize the Clerk of the Board of Supervisors to execute two copies of the contract. (County Contract No. 37116)

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

ACTION:

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

St. Vincent De Paul - Tax Exempt Financing

OVERVIEW:

Authorize the Chief Financial Officer to approve the tax-exempt financing by the California Statewide Communities Development Authority, a joint powers agency of which the County of San Diego is a member, for a project for the St. Vincent de Paul Management Inc., located in the jurisdiction of the County of San Diego.

Similar approvals have been given to other financing for nonprofit corporations by the California Statewide Communities Development Authority. The only role of the County is to approve the financing solely for purposes of satisfying the joint powers agreement creating the California Statewide Communities Development Agency to have the local member approve the financing.

FISCAL IMPACT:

RECOMMENDATION:

CHIEF ADMINISTRATIVE OFFICER:

Adopt the Resolution approving the tax-exempt financing and Purchase Agreement for St. Vincent de Paul Management Inc., solely for purposes of satisfying the joint powers agreement, creating the California Statewide Communities Development Authority.

ACTION:

ON MOTION of Supervisor Horn, seconded by Supervisor Roberts, the Board of Supervisors closed the Hearing and took action as recommended, on Consent, adopting Resolution No. 98-130, entitled: RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF SAN DIEGO ENDORSING AN INSTALLMENT PURCHASE FINANCING TO BE UNDERTAKEN BY THE CALIFORNIA STATEWIDE COMMUNITIES DEVELOPMENT AUTHORITY TO BENEFIT S.V.D.P. MANAGEMENT, INC.

OVERVIEW:

Board of Supervisors action is requested to approve the transfer of the building and code enforcement functions from the Department of Environmental Health (DEH) to the Department of Planning and Land Use (DPLU).

FISCAL IMPACT:

Approval of this proposal will result in a change to the 1998-99 Proposed Budget by transferring 74 staff years, $4,744,233 in appropriations and $4,620,705 in associated revenue from the DEH to the DPLU. There will be no charge in net County costs. Full funding for positions being transferred and funding for Homeowners' and Business Owners' Relief Acts will require deletion of 4.83 staff years for a total reduction of 78.83 years from the DEH.

RECOMMENDATION:

CHIEF ADMINISTRATIVE OFFICER:

Authorize the transfer of 74 positions (74 staff years) for the building and code enforcement functions from the DEH to the DPLU and the deletion of 4.83 staff years for a total reduction of 78.83 years from the DEH to be effective July 17, 1998.

ACTION:

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

11. SUBJECT: Amendments to the Compensation Ordinance to Transfer the Building and Code Enforcement Functions

OVERVIEW:

This action amends the San Diego Compensation Ordinance to transfer the building and code enforcement functions by establishing in the department of Environmental Health compensation and authorized positions which results in the layoff of Department of Environmental Health employees due to a lack of work, and transfer the building and code enforcement positions to the Department of Planning and Land Use.

FISCAL IMPACT:

Funds for these recommendations are budgeted in the 1997-98 adopted budget or in mid-year actions approved by your Board.

RECOMMENDATION:

CHIEF ADMINISTRATIVE OFFICER:

1. Determine that it is necessary due to a lack of work in the Department of Environmental Health to reduce the number of positions and employees by approval of the attached Ordinances.

2. Read title, waive further reading and introduce Ordinances for further Board consideration on June 9, 1998.

ESTABLISHING COMPENSATION AND AUTHORIZED POSITIONS IN THE DEPARTMENT OF ENVIRONMENTAL HEALTH.

ESTABLISHING COMPENSATION AND AUTHORIZED POSITIONS IN THE DEPARTMENT OF ENVIRONMENTAL HEALTH AND THE DEPARTMENT OF PLANNING AND LAND USE TO TRANSFER BUILDING AND CODE ENFORCEMENT POSITIONS.

ACTION:

ON MOTION of Supervisor Horn, seconded by Supervisor Roberts, the Board of Supervisors took action as recommended, introducing Ordinances for further Board consideration on June 9, 1998.

OVERVIEW:

The Board directed the Chief Administrative Officer (CAO) to explore the feasibility of applying the Homeowner Relief Act fee eliminations to businesses; combining Department of Environmental Health and State inspections, when possible; increasing flexibility to contractors bidding on County contracts; streamlining the permit process for installing business signs; notifying both businesses and property owners when County projects impact property; and petitioning the State Legislature to increase the threshold used to impose the Business Personal Property Tax. The board also requested a report back within 60 days that included recommendations and the costs associated with any changes. This response is well past the 60 days requested by the Board due to the amount of time required to determine how to accomplish the actions requested.

Most of the changes recommended by Supervisor Jacob will be implemented for an estimated annual savings of $82,500 to the business community.

FISCAL IMPACT:

Fiscal Impact for the Department of Environmental Health (DEH)

The fee reduction contained in Recommendation No. 2 will result in an estimated annual revenue reduction of $32,500 beginning next fiscal year. A proposal is being submitted to the Board to transfer the Business Owners Relief program, along with all building and code enforcement functions from DEH to DPLU next fiscal year as part of the reengineering of DEH. Part of this proposal would be to fund this program by transferring $32,500 in appropriations from the deletion of a General Fund position in DEH to DPLU. The proposal also includes the deletion of 1 DEH staff year. If approved, this request will result in no current year cost, an annual cost of $32,500, and will require the deletion of 1 staff year.

Fiscal Impact for the Department of Public Works

Funds for this request are budgeted. The funding source is the Road Fund, and if approved, this request will result in a budgeted current year cost of $12,500, an annual cost of $50,000, and will require the addition of no staff years.

Fiscal Impact for the Department of Planning and Land Use

As indicated in the DEH fiscal impact paragraph, the $32,500 appropriations transfer from DEH to DPLU will offset the $32,500 revenue reduction associated with Business Owners Relief.

Funds for the request to streamline sign permits are budgeted. The funding source is the General Fund, and if approved, will result in a budgeted current year cost of $1,690, a second year cost of $11,850, and will require the addition of no staff years.

BUSINESS IMPACT STATEMENT:

This proposal will have a positive impact on the business community by eliminating some fees and streamlining certain processes. If approved, this proposal will save the business community an estimated $82,500 annually.

RECOMMENDATION:

CHIEF ADMINISTRATIVE OFFICER:

1. Find in accordance with section 15061 (b)(3) of the State of California Environmental Quality Act (CEQA) Guidelines, that it can be seen with certainty that there is no possibility that the adoption of the Ordinance in Submitted Attachment A (Recommendation 2), or the direction that the Chief Administrative Officer seek a sponsor for legislation concerning the business personal property tax (Recommendation 3), may have a significant effect on the environment. Additionally, find that the initiation of Zoning Ordinance amendments concerning sign regulations (Recommendation 4) is exempt from CEQA as an action involving only feasibility or planning studies for possible future actions under Section 15262 of the State CEQA Guidelines.

2. Read title, waive further reading and introduce Ordinance for further Board consideration on June 9, 1998.

3. Direct the Chief Administrative Officer to work with the Office of Strategy and Intergovernmental Affairs to seek a sponsor for legislation that would exempt businesses from the Business Personal Property Tax if they have a taxable value of less than $10,000.

4. Direct the Chief Administrative Officer to work with the Department of Planning and Land Use (DPLU) to prepare, distribute for public review and bring to public hearing, amendments to the Zoning Ordinance to streamline certain sign regulations.

ACTION:

ON MOTION of Supervisor Jacob, seconded by Supervisor Roberts, the Board of Supervisors took action as recommended, introducing Ordinance for further Board consideration on June 9, 1998; and directed the Chief Administrative Officer to pursue State Legislation to remove the in-house processing of Silver from the list of activities; they have to be inspected and registered as a hazardous material.

Second Consideration and Adoption of Ordinances

Amendment to the Compensation Ordinance Deleting Specified Positions in Air Pollution Control District Resulting in the Layoff of Employees

OVERVIEW:

On May 19, 1998 (9), your Board introduced Ordinances for further Board consideration on June 3, 1998.

This action amends the San Diego County Compensation Ordinance by implementing you Board's authorization for the Air Pollution Control District to re-engineer work throughout the department for improved services, operational efficiency and management accountability. This action results in the deletion of authorized positions 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 $630,600 in Fiscal Year 1998-99.

RECOMMENDATION:

CHIEF ADMINISTRATIVE OFFICER:

AN ORDINANCE AMENDING THE COMPENSATION ORDINANCE ESTABLISHING AUTHORIZED POSITIONS AND COMPENSATION IN THE AIR POLLUTION CONTROL DISTRICT.

ACTION:

ON MOTION of Supervisor Horn, seconded by Supervisor Roberts, the Board of Supervisors took action as recommended, adopting Ordinance No. 8913 (New Series), entitled: AN ORDINANCE AMENDING THE COMPENSATION ORDINANCE DELETING SPECIFIED POSITIONS IN THE AIR POLLUTION CONTROL DISTRICT; and adopting Ordinance No. 8914, (New Series), entitled: AN ORDINANCE AMENDING THE COMPENSATION ORDINANCE ESTABLISHING AUTHORIZED POSITIONS AND COMPENSATION IN THE AIR POLLUTION CONTROL DISTRICT.

Second Consideration and Adoption of Ordinances

Amendments to the Compensation Ordinance Pertaining to the Health and Human Services Agency

OVERVIEW:

On May 19, 1998 (28), you Board introduced Ordinances for further Board consideration on June 3, 1998.

This action amends the San Diego County Compensation Ordinance by implementing your Board's authorization for improved services, operational efficiency and management accountability by deleting authorized positions from two former departments: Human Services - Social Services (3900) and Health & Human Services - Health Services (6000), and establishing authorized positions in a new established Health & Human Services Agency (7000)(HHSA).

This action represents another step toward the total integration of these departments into the new Agency by establishing four internal support divisions titled Human Resources, Finance, Strategy & Planning, and Information Services. This letter: 1) deletes authorized positions from the Health & Human Services - Social Services and Health & Human Services - Health Services resulting in the layoff of employees due to a lack of work, and 2) establishes authorized positions in HHSA.

FISCAL IMPACT:

Funds for these recommendations are budgeted in the Fiscal Year 1997-98 adopted budget or in mid-year actions approved by your Board.

RECOMMENDATION:

CHIEF ADMINISTRATIVE OFFICER:

SPECIFIED POSITIONS IN HEALTH AND HUMAN SERVICES - SOCIAL SERVICES AND HEALTH AND HUMAN SERVICES - HEALTH SERVICES.

AN ORDINANCE AMENDING THE COMPENSATION ORDINANCE ESTABLISHING AUTHORIZED POSITIONS AND COMPENSATION IN THE HEALTH AND HUMAN SERVICES AGENCY.

ACTION:

ON MOTION of Supervisor Horn, seconded by Supervisor Roberts, the Board of Supervisors took action as recommended, on Consent, adopting Ordinance No. 8911 (New Series), entitled: AN ORDINANCE AMENDING THE COMPENSATION ORDINANCE DELETING SPECIFIED POSITIONS IN HEALTH AND HUMAN SERVICES - SOCIAL SERVICES AND HEALTH AND HUMAN SERVICES - HEALTH SERVICES; and adopting Ordinance No. 8912 (New Series), entitled: AN ORDINANCE AMENDING THE COMPENSATION ORDINANCE ESTABLISHING AUTHORIZED POSITIONS AND COMPENSATION IN THE HEALTH AND HUMAN SERVICES AGENCY.

Second Consideration and Adoption of Ordinances

Amendments to the Administrative Code Deleting the Equal Opportunity Management Office and to the Compensation Ordinance Deleting Specified Positions in the Equal Opportunity Management Office Resulting in the Layoff of Employees

OVERVIEW:

On May 19, 1998 (28), your Board introduced Ordinances for further Board consideration on June 3, 1998.

This action implements a March 11, 1998 court order of the United States District, Southern District of California, No. 76cv1094 S (AJB) that dissolved the Consent Decree and dismissed the case. This action amends: 1) the San Diego County Administrative Code by deleting the Equal Opportunity Management Office and amending provisions for the Chief Administrative Officer, and the Departments of Human Resources, General Services and Housing and Community Development which will assume functions assigned to the Equal Opportunity Management Office; 2) the San Diego County Compensation Ordinance by deleting all authorized positions in the Equal Opportunity Management Office, resulting in the layoff of employees due to a lack of work; and 3) specified Board of Supervisors Policies referencing the Equal Opportunity Management Office. This action also separates the Director of the Equal Opportunity Management Office from such appointive position in the Unclassified Service and refers to the Chief Administrative Officer and the Department of Human Resources related Administrative Manual and policy changes.

RECOMMENDATION:

CHIEF ADMINISTRATIVE OFFICER:

AN ORDINANCE REPEALING AND AMENDING SECTIONS OF THE SAN DIEGO COUNTY ADMINISTRATIVE CODE CONCERNING THE CHIEF ADMINISTRATIVE OFFICER, THE DEPARTMENT OF HUMAN RESOURCES, THE EQUAL OPPORTUNITY MANAGEMENT OFFICE, THE DEPARTMENT OF GENERAL SERVICES AND THE DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT

AN ORDINANCE AMENDING THE COMPENSATION ORDINANCE DELETING ALL AUTHORIZED POSITIONS IN THE EQUAL OPPORTUNITY MANAGEMENT OFFICE

ACTION:

ON MOTION of Supervisor Horn seconded by Supervisor Roberts, the Board of Supervisors took action as recommended, adopting Ordinance No. 8915 (New Series), entitled: AN ORDINANCE REPEALING AND AMENDING SECTIONS OF THE SAN DIEGO COUNTY ADMINISTRATIVE CODE CONCERNING THE CHIEF ADMINISTRATIVE OFFICER, THE DEPARTMENT OF HUMAN RESOURCES, THE EQUAL OPPORTUNITY MANAGEMENT OFFICE, THE DEPARTMENT OF GENERAL SERVICES AND THE DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT; and adopting Ordinance No. 8916 (New Series), entitled: AN ORDINANCE AMENDING THE COMPENSATION ORDINANCE DELETING ALL AUTHORIZED POSITIONS IN THE EQUAL OPPORTUNITY MANAGEMENT OFFICE.

Anticipated litigation pursuant to section (c) of Government Code section 54956.9

Anticipated litigation pursuant to section (b) of Government Code section 54956.9

Girard Development v. County of San Diego, et al.; Superior Court No. 696672, consolidated with 710944

Dana K. Ferrell v. County of San Diego, et al.; United States Court of Appeal Case No. D024043 (Superior Court No. EC004806)

Andrew Ross, et al. v. United States of America, et al.; United States District Court No. 97-cv-0079S (AJB)

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

ACTION:

On behalf of the Board, Supervisor Jacob presented a proclamation declaring Home Ownership Week. Accepting the proclamation was Charles Wilson, the local area coordinator for the San Diego Office of the U. S. Department of Housing and Urban Development. Also in attendance was Alfredo Ybarra, Acting Director of the San Diego County Department of Housing and Community Development.

Defense of Indigent Parents in Juvenile Dependency Cases by the Alternate Public Defender

OVERVIEW:

On October 7, 1997 (21), the Board authorized the Director of Purchasing and Contracting to issue a Request for Proposals and negotiate a contract to acquire private legal representation for all parents and conflict children in juvenile dependency cases for the Department of the Alternate Public Defender, or to make a finding that the Alternate Public Defender can provide these services more economically and efficiently.

A competitive process pursuant to Board Policy B-63, Competitive Determination of Optimum Service Delivery Method, was undertaken between the County Department and the private sector in order to determine the optimum way to deliver service. In accordance with this policy, the Alternate Public Defender developed a proposal in competition with a private offeror. An independent review and comparison of this proposal with the one submitted by the private bar concludes that the Alternate Public Defender can provide the services more economically and efficiently.

A letter was docketed for the March 3, 1998 Board Agenda, as item No. 2. The letter recommended that all parents and conflict children be represented by the Alternate Public Defender. Authorization was also sought for actions required to transfer this responsibility.

A protest was filed under Board Policy A-97, Protest Procedures for Award of Contracts, by the private sector proposer, Dependency Attorney Panel, Inc. As a result, the March 3, 1998 (2), letter was continued at the request of the Chief Administrative Officer, pending completion of the protest review process. On April 8, 1998, the Contract Protest Review Board determined that it did not have jurisdiction over the protest, and a letter was docketed for the April 21, 1998 (5), Board agenda. That letter was withdrawn at the request of the Chief Administrative Officer due to a court injunction obtained by the Dependency Attorney Panel.

On May 29, 1998, an agreement was reached between the County and the Dependency Attorney Panel. The terms of this agreement include the lifting of the injunction, thus permitting the Board action requested today.

FISCAL IMPACT:

There is no fiscal impact in the current year. The Alternate Public Defender has sufficient fund balance to accept new and transferred cases for the month of June, 1998. The following appropriation transfers, along with additional staffing, will be requested during the Budget change letter process: $.8 million for the new cases, and $.5 million for the transferring cases to be moved from the Defense Attorney Contract Claims Unit to the Alternate Public Defender. The $1 million cost of the settlement will also be paid from this account. There will be no savings in 1998-99, but over three years, the saving (cost for management of old cases under the terms of the settlement compared to estimated costs without a settlement) is estimated to be $350,000.

RECOMMENDATION:

CHIEF ADMINISTRATIVE OFFICER:

1. Determine to provide legal representation in all newly assigned cases, to all indigent parents and conflict children in juvenile dependency cases, through the Department of the Alternate Public Defender, effective June 1, 1998.

2. Direct the Deputy Director of Purchasing and Contracting to cancel Request for Proposal No. 80064 dated October 13, 1997.

ON MOTION of Supervisor Horn, seconded by Supervisor Roberts, the Board of Supervisors found that the need to take action arose subsequent to the Agenda being posted, and placed the item on the agenda.

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

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.

THURSDAY JUNE 4, 1998

Anticipated litigation pursuant to section (c) of Government Code section 54956.9

Anticipated litigation pursuant to section (b) of Government Code section 54956.9

Girard Development v. County of San Diego, et al.; Superior Court No. 696672, consolidated with 710944

Dana K. Ferrell v. County of San Diego, et al.; United States Court of Appeal Case No. D024043 (Superior Court No. EC004806)

Andrew Ross, et al. v. United States of America, et al.; United States District Court No. 97-cv-0079S (AJB)

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

ACTION:

Deputy County Counsel announced that the Board has authorized County Counsel's Office to:

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.