STATEMENT OF PROCEEDINGS
COUNTY OF SAN DIEGO BOARD OF SUPERVISORS
REGULAR MEETING - PLANNING AND LAND USE MATTERS
WEDNESDAY, JULY 11, 2001, 9:00 AM
Board of Supervisors North Chamber
1600 Pacific Highway, Room 310, San Diego, California

MORNING SESSION: - Meeting was called to order at 9:05 a.m.

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

Approval of Board of Supervisors Statement of Proceedings/Minutes for meetings of

 June 13, 2001 and June 20, 2001

ACTION:

Adding the following language to clarify Minute Order No. 2 from the Board meeting of June 13, 2001” and directed that the resolution be amended to add the clause “or will withdraw such a protest which has previously been lodged by the County of San Diego’ to the first paragraph of resolution”; ON MOTION of Supervisor Jacob, seconded by Supervisor Slater, the Board of Supervisors approved the Statement of Proceedings/Minutes for the meeting of June 13, 2001 and June 20, 2001 

AYES:       Cox, Jacob, Slater, Horn

ABSENT:  Roberts

Board of Supervisors' Agenda Items

                     

1.

NOTICED PUBLIC HEARING:

REORGANIZATION HEARING TO DETACH FROM THE LOWER SWEETWATER FIRE PROTECTION DISTRICT THE TERRITORY CONTAINED IN THE 31ST STREET ISLAND, DISSOLVE LOWER SWEETWATER FIRE PROTECTION DISTRICT AND FORM COUNTY SERVICE AREA NO. 137 – LINCOLN ACRES

2.

NOTICED PUBLIC HEARING:

HEARING TO VACATE A PORTION OF OLD HIGHWAY 395 (VAC 00-013), VALLEY CENTER COMMUNITY PLANNING AREA

3.

COOPERATIVE AGREEMENT BETWEEN THE COUNTY OF SAN DIEGO AND THE PAUMA/YUIMA BAND OF MISSION INDIANS FOR ROAD IMPROVEMENTS ASSOCIATED WITH CASINO DEVELOPMENT

4.

AN ORDINANCE REQUIRING TESTING FOR METHANE GAS ON ALL PROJECTS WITH MASS GRADING

5.

SET HEARING FOR 08/01/2001

SAN DIEGO COUNTY TRANSIT SYSTEM FISCAL YEAR 2001-02 TRANSPORTATION DEVELOPMENT ACT CLAIMS, RURAL BUS SERVICE CONTRACT AND FEE ADJUSTMENT, AWARD OF CONTRACT WITH LAIDLAW TRANSIT, INC., FOR SUBURBAN TRANSIT SERVICES, AND BUS PURCHASE

6.

EXECUTION OF AGREEMENT WITH RAMONA MUNICIPAL WATER DISTRICT  FOR RESURFACING A PORTION OF SAN VICENTE ROAD IN RAMONA

7.

STREET LIGHT PETITIONS IN VARIOUS LOCATIONS IN THE AREAS OF CASA DE ORO, LAKESIDE, AND RAINBOW

8.

SET HEARING FOR 08/01/2001

CONFIRMATION OF ASSESSMENTS FOR THE SAN DIEGO COUNTY STREET LIGHTING DISTRICT FOR FISCAL YEAR 2001-02

9.

ADVERTISE AND AWARD CONTRACT FOR ENGINEERS ROAD IMPROVEMENTS

10.

CHIP SEALING OVER FABRIC ON VARIOUS COUNTY ROADS IN BORREGO SPRINGS, ROAD MAINTENANCE DIVISION 2

11.

ADOPT A RESOLUTION ACCEPTING PREVIOUSLY REJECTED OFFER  TO DEDICATE SUBDIVISION STREET FOR COUNTY OF SAN DIEGO TRACT NO. 4763-1 (MAP 13491), LOCATED IN FALLBROOK PLANNING GROUP AREA

12.

ASSUME AGREEMENT TO IMPROVE MAJOR SUBDIVISION, LIEN CONTRACT AND  HOLDING AGREEMENT FOR COUNTY OF SAN DIEGO TRACT NO. 4554-1 (FINAL MAP 13315), LOCATED IN LAKE MORENA/CAMPO SPONSOR GROUP AREA

13.

APPROVAL OF A SECURED AGREEMENT FOR PUBLIC IMPROVEMENTS FOR COUNTY OF SAN DIEGO TENTATIVE PARCEL MAP NO. 20331, LOCATED IN FALLBROOK COMMUNITY PLANNING AREA

14.

EXTENSION OF PERFORMANCE COMPLETION DATES ON VARIOUS BONDED AGREEMENTS TO COMPLETE SUBDIVISION IMPROVEMENTS

15.

CONTINUED NOTICED PUBLIC HEARING:

CONSIDER RESPONSES TO REQUEST FOR PROPOSALS TO DEVELOP COUNTY PROPERTY IN SANTEE AND APPROVE RECOMMENDATION OF SOURCE SELECTION COMMITTEE

(CARRYOVER ITEM FROM 7/10/2001, AGENDA NO. 8)

16.

CLOSED SESSION

(CARRYOVER ITEM FROM 7/10/2001, AGENDA NO. 22)

17.

OFF DOCKET ITEM:

AMENDMENTS TO THE COMPENSATION ORDINANCE RELATING TO TENTATIVE AGREEMENT PENDING RATIFICATION FOR     ELEVEN EMPLOYEE BARGAINING UNITS REPRESENTED BY SERVICE EMPLOYEES INTERNATIONAL UNION, LOCAL 2028, AFL-CIO, CLC

18.

OFF DOCKET ITEM:

AMENDMENTS TO THE COMPENSATION ORDINANCE RELATING TO TENTATIVE AGREEMENT PENDING RATIFICATION FOR THE PROBATION OFFICERS’ BARGAINING UNIT REPRESENTED BY    SERVICE EMPLOYEES INTERNATIONAL UNION, LOCAL 2028, AFL-CIO, CLC

19.

OFF DOCKET ITEM:

AMENDMENTS TO THE COMPENSATION ORDINANCE RELATING TO A RATIFIED AGREEMENT FOR THE DEPUTY COUNTY COUNSELS UNITS (CC, CS) REPRESENTED BY THE SAN DIEGO COUNTY DEPUTY COUNTY COUNSELS’ ASSOCIATION

20.

OFF DOCKET ITEM:

AMENDMENTS TO THE COMPENSATION ORDINANCE RELATING TO TENTATIVE AGREEMENT PENDING RATIFICATION FOR THE SOCIAL WELFARE BARGAINING UNIT REPRESENTED BY SOCIAL SERVICES UNION, LOCAL 535, SEIU, AFL-CIO 

21.

PRESENTATIONS/AWARDS

22.

PUBLIC COMMUNICATIONS





1.

SUBJECT:

NOTICED PUBLIC HEARING:

REORGANIZATION HEARING TO DETACH FROM THE LOWER SWEETWATER FIRE PROTECTION DISTRICT THE TERRITORY CONTAINED IN THE 31ST STREET ISLAND, DISSOLVE LOWER SWEETWATER FIRE PROTECTION DISTRICT AND FORM COUNTY SERVICE AREA NO. 137 – LINCOLN ACRES (DISTRICT:  1)
 

  OVERVIEW:
 

On July 20, 1999 (9) the Board adopted and approved submittal of a Resolution of Application to the Local Agency Formation Commission requesting initiation of proceedings for reorganization in order to detach, from the Lower Sweetwater Fire Protection District, the territory contained in the “31st Street Island Annexation to the City of National City” (31st Street Island), dissolve the Lower Sweetwater Fire Protection District, and form County Service Area No. 137 – Lincoln Acres.

On May 7, 2001 (9b), the Local Agency Formation Commission approved proposed detachment of the territory contained in the 31st Street Island from the Lower Sweetwater Fire Protection District, and dissolution of Lower Sweetwater Fire Protection District to be Reorganized as County Service Area No. 137 – Lincoln Acres.  The Board of Supervisors, as conducting authority, is the legislative body authorized to conduct proceedings for a change of organization or reorganization.

Today's hearing provides citizens in the affected area a chance to file protests. At close of today's hearing, if no majority protest exists, the Board is requested to adopt a resolution to complete the reorganization process, under the condition that protests filed and not withdrawn within the next 30 days represent less than 50% of the registered voters or landowners in the affected territory.  If protests fall between 25 and 50 percent, this proposal would go to an election. 

County Service Area No. 137 – Lincoln Acres, if formed, will assume administration of the former district services and continue provision of fire protection and emergency medical services through contract with National City.  County staff experienced in administration of special districts will provide contract administration at substantial savings to area residents.
 

  FISCAL IMPACT:
 

Funds for this request are budgeted. The funding source is DPW General Fund reserves. If approved, this request will result in a cumulative current year and subsequent year formation cost of approximately $7,000 and will require the addition of no staff years.  Annual administrative costs for the new district are expected to be approximately $2,000 and will be funded by the district’s share of the 1% ad valorem property tax which funds all district activities. 
 

  RECOMMENDATION:
 

CHIEF ADMINISTRATIVE OFFICER

Find, in accordance with Section 15320 of the California Environmental Quality Act (CEQA) Guidelines, that it can be seen with certainty this reorganization is not subject to the environmental impact evaluation process because the proposal consists of a change in organization of governmental agencies, which does not change the area in which previously existing powers are exercised.

Adopt the Resolution Entitled Resolution Detaching from The Lower Sweetwater Fire Protection District the Territory Contained in the “31st Street Island Annexation to the City of National City” and Establishing County Service Area No. 137 – Lincoln Acres as Successor Agency for Lower Sweetwater Fire Protection District.
 

  ACTION:

ON MOTION of Supervisor Cox, seconded by Supervisor Jacob, the Board of Supervisors closed the hearing and took action as recommended, adopting Resolution No. 01-182, entitled: RESOLUTION OF THE LOCAL AGENCY FORMATION COMMISSION OF THE COUNTY OF SAN DIEGO ADOPTING A ZERO SPHERE OF INFLUENCE FOR THE LINCOLN ACRES COUNTY SERVICE AREA; AND MAKING DETERMINATIONS AND APPROVING THE "LINCOLN ACRES COUNTY SERVICE AREA REORGANIZATION" AND THE "DISSOLUTION OF THE LOWER SWEETWATER FIRE PROTECTION DISTRICT.

AYES:  Cox, Jacob, Slater, Robert, Horn

   
   

2.

SUBJECT:

NOTICED PUBLIC HEARING:

HEARING TO VACATE A PORTION OF OLD HIGHWAY 395 (VAC 00-013), VALLEY CENTER COMMUNITY PLANNING AREA  (DISTRICT: 5)
 

  OVERVIEW:
 

This is a request to adopt a Resolution of Vacation to vacate a portion of Old Highway 395 (Record of Survey 15156) in the community of Valley Center.  The portion of right-of-way to be vacated is the easterly 53 feet of Old Highway 395 from Nelson Way to 1328 feet north (Thomas Guide page 1068, J-3).  The County of San Diego currently has a 200-foot wide right-of-way on this portion of Old Highway 395, which is classified as a Rural Collector with Bike Lanes on the County’s Circulation Element.  Required right-of-way width for Old Highway 395 is 94 feet.  Based on its current classification, the road has an excess 106 feet of right-of-way not needed for public use.
 

  FISCAL IMPACT:
 

N/A
 

  RECOMMENDATION:
 

CHIEF ADMINISTRATIVE OFFICER

1.      Find the project as proposed is categorically exempt from provisions of the California Environmental Quality Act (CEQA) pursuant to CEQA Section 15305 (Minor Alterations in Land Use Limitations).  Proposed project is a road vacation, in an area with an average slope less than 20%, which does not result in any changes in land use or density.

2.      Adopt a Resolution entitled Resolution Vacating A Portion of Old Highway 395. (Attachment A)

3.      Direct the Clerk of the Board of Supervisors to record this Resolution pursuant to Streets and Highways Code Section 8325.
 

  ACTION:

ON MOTION of Supervisor Slater, seconded by Supervisor Jacob, the Board of Supervisors closed the hearing and took action as recommended, on Consent, adopting Resolution No. 01-183, entitled:  RESOLUTION VACATING A PORTION OF OLD HIGHWAY 395.

AYES:  Cox, Jacob, Slater, Roberts, Horn

   
   

3.

SUBJECT:

COOPERATIVE AGREEMENT BETWEEN THE COUNTY OF SAN DIEGO AND THE PAUMA/YUIMA BAND OF MISSION INDIANS FOR ROAD IMPROVEMENTS ASSOCIATED WITH CASINO DEVELOPMENT (DISTRICT: 5)
 

  OVERVIEW:
 

Several San Diego County Indian Bands have signed Tribal State Gaming Compacts with Governor Gray Davis, which allow them to build up to two Class III casinos on their reservations.  The casinos will have significant impacts on County roads; therefore the County intends to work with each of the Gaming Tribes to develop agreements to ensure that impacts are adequately mitigated.  The Agreement before the Board today is the third of what staff hopes will be negotiated with each of the Gaming Tribes whose projects impact County resources and infrastructure. Rincon Band agreement was approved March 20, 2001 (12), and San Pasqual Band agreement was approved June 19, 2001 (1).

The Pauma/Yuima Band (Pauma Band) of Mission Indians is one of the 12 Bands in the county that have signed a Tribal State Gaming Compact. The Pauma and Yuima Reservation is in the northwestern area of unincorporated San Diego County, against the foothills of Mount Palomar. Pauma Band has developed a temporary Class III casino, and plans to construct a permanent casino. Access to Pauma Band’s gaming projects is via State Route 76 and Pauma Reservation Road, which is within the County maintained system. Further east, State Route 76 connects to Valley Center Road, which will be improved as part of the County's Capital Improvement Program.

This is a request to approve a Cooperative Agreement (Agreement) with Pauma Band, where Pauma Band will provide necessary improvements to Pauma Reservation Road and its intersection with State Route 76 (Pala Road), and contribute toward the Valley Center Road project. The Agreement will result in road improvements totaling approximately $1.45 million.  This is the third such agreement entered into with a tribal band of Indians.
 

  FISCAL IMPACT:
 

Pauma Band will construct improvements in compliance with County standards at no cost to the County, and will compensate the County for costs associated with plan review, inspection and permit processing. A contribution of $129,000 will be provided by Pauma Band during FY 2001-02 for planned improvements to Valley Center Road. No subsequent costs or revenues or additional staff years will be required.
 

  RECOMMENDATION:
 

CHIEF ADMINISTRATIVE OFFICER

1.  Find the following action is not subject to California Environmental Quality Act (CEQA) review because it is not a project as defined in Section 15378.

2.  Approve and authorize the Clerk of the Board of Supervisors to execute two copies of a Cooperative Agreement between the County of San Diego and Pauma/Yuima Band of Mission Indians for Road Improvements Associated with Casino Development.

3.  Authorize the Director, Department of Public Works, to receive, file and execute any documents necessary to administer this Agreement.
 

  ACTION:
 

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

AYES:  Cox, Jacob, Slater, Roberts, Horn
 

   

4.

SUBJECT:

AN ORDINANCE REQUIRING TESTING FOR METHANE GAS ON ALL PROJECTS WITH MASS GRADING (DISTRICTS: ALL)
 

  OVERVIEW:
 

Supervisor Slater Board letter adopted October 25, 2000 (3).

On October 25, 2000 (3) the Board directed staff to develop an ordinance requiring methane gas testing on properties in the Santa Fe Valley area.  Development of the ordinance was delayed from the anticipated completion date of January 2001, to allow for the ongoing inclusion of new methane gas data from development projects both inside and outside the Santa Fe Valley area and to meet with building industry representatives.

Subsequent to the Board direction, methane gas has been found in other developments outside of the Santa Fe Valley.  Based on these new occurrences, methane gas may also be present in additional areas of the County.  This letter proposes to establish an ordinance that will be reviewed by the Board of Supervisors within six months, requiring methane gas testing countywide on projects with mass grading.  Methane gas testing is necessary to protect public health, safety and welfare. 

  FISCAL IMPACT:
 

There is no fiscal impact associated with these recommendations.
 

  RECOMMENDATION:
 

CHIEF ADMINISTRATIVE OFFICER

1.    Find that the proposed project is exempt from the California Environmental Quality Act (CEQA) as specified under section 15308 of the State CEQA Guidelines for the reasons detailed in the Notice of Exemption Form dated July 11, 2001 and explained in the environmental statement set forth below. (Attachment A)

2.    Approve the introduction of the Ordinance, (first reading), and read title and waive further reading of the Ordinance.

AN ORDINANCE ADDING CHAPTER 3 TO DIVISION 6 OF TITLE 8 OF THE SAN DIEGO COUNTY CODE RELATED TO TESTING REQUIREMENTS FOR METHANE GAS ON ALL PROJECTS WITH MASS GRADING.  (Attachment B)

Submit the Ordinance for further Board consideration and adoption (second reading) on July 18, 2001.

3.  Direct the Chief Administrative Officer to report back to the Board within six months of the effective date of the ordinance with a recommendation, based on test results, to modify, repeal or continue the ordinance in effect.
 

 

ACTION:

ON MOTION of Supervisor Slater, seconded by Supervisor Jacob , the Board of Supervisors took action as recommended, on Consent, introducing Ordinance for further Board consideration and adoption on July 18, 2001.

AYES:  Cox, Jacob, Slater, Roberts, Horn

   
   

5.

SUBJECT:

SET HEARING FOR 08/01/2001

SAN DIEGO COUNTY TRANSIT SYSTEM FISCAL YEAR 2001-02 TRANSPORTATION DEVELOPMENT ACT CLAIMS, RURAL BUS SERVICE CONTRACT AND FEE ADJUSTMENT, AWARD OF CONTRACT WITH LAIDLAW TRANSIT, INC., FOR SUBURBAN TRANSIT SERVICES, AND BUS PURCHASE (DISTRICT:  ALL)
 

  OVERVIEW:
 

On April 4, 2001 (8), the County Board of Supervisors directed the Chief Administrative Officer to explore the possibility of divestiture of County Transit System (CTS) to Metropolitan Transit Development Board (MTDB). Analysis of possible divestiture and its implementation are in progress. While analysis proceeds, CTS must ensure transit funding, contracts and services to the public are continued.

Recommended actions described in this letter authorize: a) submittal of Transportation Development Act claims to fund services, facilities and equipment; b) execution of transit contracts and actions necessary to continue transit services; c) adjustments to rural bus fares for simplification and to ensure state-required passenger fare ratio is met; d) award of a five-year East County Suburban fixed-route contract to Laidlaw Transit Inc.; and e) approval to negotiate for sole source purchase of new transit coach to replace three older buses lost to fire.
 

  FISCAL IMPACT:
 

Recommendation 1

Funds for this request are included in the FY 2001-02 Transit Enterprise Fund Operational Plan.  Funding sources for the claim and contract actions are FY 2001-02 Transit Development Act monies of $1,731,657 and passenger revenues of $147,860 available to the County.  If approved, this request will result in FY 2001-02 revenue and cost of $1,879,517.

Recommendation 2

Funds for annual sole source agreements with Northeast Rural Bus System, Inc. ($114,094), and Southeast San Diego Senior Citizen's Program Board ($149,413), for bus service in rural San Diego County are available from Transportation Development Fund Claims recommended for approval in Recommendation 1.

Recommendations 3 and 4

If approved, the Rural Bus fare adjustment is expected to result in an estimated increase in rural passenger fare revenues of $21,753 during Fiscal Year 2001-02.  Note that total Rural Bus costs include buses, facilities and service contracts.

Recommendation 5

Approval of a contract for Suburban Route services is budgeted in the FY 2001-02 Transit Enterprise Fund Operational Plan. Funding source for the Suburban Route service contract with Laidlaw Transit Services Inc. is passenger revenues and Transportation Development Act Funds. The average ratio of fare revenue to TDA funds countywide is approximately 32%. If approved, this contract will result in an estimated current year cost of $9,581,612 and subsequent year cost of $9,581,612. Total estimated contract cost is $52,662,444 over the five-year term, including fuel, performance bonuses and other pass-through costs.

Recommendations 6 and 7

Approval of mid-year claim and amendment to FY 2001-02 spending plan to procure a transit bus, in a maximum amount of $136,000 (actual amount to be negotiated). Funding sources are passenger fare revenues and TDA funds.
 

  RECOMMENDATION:
 

CHIEF ADMINISTRATIVE OFFICER

1.   Approve FY 2001-02 San Diego County Transit System, Transportation Development Act claims in the amount of  $1,731,657 for submittal to SANDAG.

2.   Approve and authorize the Clerk of the Board to execute, upon receipt, amendments to sole source agreements with Northeast Rural Bus System, Inc. ($114,094), and Southeast San Diego Senior Citizen's Program Board ($149,413), for FY 2000-01 bus service in rural San Diego County.

3.   Direct the Clerk of the Board of Supervisors to set a public hearing for August 1, 2001, at 9:00 A.M. to consider adjusting Rural Bus fares, and to provide notice required by law.

4.   At close of August 1, 2001, hearing, adopt a Resolution entitled Resolution Authorizing a Passenger Fare Adjustment for San Diego County Transit System Rural Bus Service, effective August 13, 2001.

5.   Find Metropolitan Transit Development Board’s procurement of contractor for East County Suburban fixed route service to be in compliance with County procurement requirements, and direct the Director, Department of Purchasing and Contracting, in accordance with Administrative Code Section 401, to certify the process and award a contract to Laidlaw Transit Inc. at a total estimated cost of $52,662,444 for a five-year contract term.

6.  Approve a mid-year Transportation Development Act claim and County Transit System spending plan amendment in an amount of up to $136,000 for procurement of one 2001 National El Dorado RE transit coach currently owned by First Transit.

7.   Approve and authorize the Director, Department of Purchasing and Contracting, to negotiate with First Transit Inc., on loss settlement for exchange of three burned out buses for one 2001 National El Dorado RE transit coach currently owned by First Transit.
 

  ACTION:
 

ON MOTION of Supervisor Slater, seconded by Supervisor Jacob, the Board of Supervisors took action as recommended, on Consent, setting this matter for hearing on August 1, 2001, 9:00 a.m.

AYES:  Cox, Jacob, Slater, Roberts, Horn
 

   

6.

SUBJECT:

EXECUTION OF AGREEMENT WITH RAMONA MUNICIPAL WATER DISTRICT  FOR RESURFACING A PORTION OF SAN VICENTE ROAD IN RAMONA (DISTRICT:  2)
 

  OVERVIEW:
 

The Ramona Municipal Water District has installed a water force main on San Vicente Road in the vicinity of San Diego Country Estates.  As a condition of the Excavation Permit issued by the County, the District is required to resurface San Vicente Road upon completion of construction. In lieu of performing the resurfacing work, the District has requested the County to do this work at the sole expense of Ramona Municipal Water District. The County Department of Public Works routinely manages resurfacing work on County roads. By administering this project the County will be better able to assure quality of work and coordinate the project to minimize disruption and inconvenience to local motorists.

This is a request to approve and authorize execution of an Agreement with the Ramona Municipal Water District for resurfacing a portion of San Vicente Road. The Agreement delineates financing and reimbursing arrangements.
 

  FISCAL IMPACT:
 

If approved this request will result in current year cost and revenue of $90,000, no subsequent year costs, and no additional staff years. There will be no fiscal impact to the County General Fund.
 

  RECOMMENDATION:
 

CHIEF ADMINISTRATIVE OFFICER

1.   Find in accordance with Section 15301 of California Environmental Quality Act (CEQA) Guidelines that this project is categorically exempt from provisions of the CEQA since it consists of maintenance and repair of existing facilities with no increase in capacity.

2.    Approve and authorize the Clerk of the Board to execute three originals, upon receipt, of the Agreement Between the County of San Diego and the Ramona Municipal Water District for the Resurfacing of San Vicente Road in the Vicinity of Ramona.
 

  ACTION:
 

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

AYES:  Cox, Jacob, Slater, Roberts, Horn
 

   

7.

SUBJECT:

STREET LIGHT PETITIONS IN VARIOUS LOCATIONS IN THE AREAS OF CASA DE ORO, LAKESIDE, AND RAINBOW (DISTRICT: 2 AND 5)
 

  OVERVIEW:
 

There are areas of the County that developed before street lights were required and where lights are now desirable.  Property owners may rectify this situation by forming or annexing to a zone within the San Diego County Street Lighting District. The Lighting District includes the entire unincorporated area, and is currently composed of two zones. Zone A provides street lighting and charges benefiting properties an annual assessment for operation and maintenance of the lights.  Properties in Zone B receive no lighting services but are not charged.

This item involves approval of petitions from property owners to annex to Zone A for provision of street lights in their areas. In Board Policy J-20, Lighting District Zone Formation and Annexations, such petitions will be approved unless the weighted value of petition responses opposing the proposal exceeds those approving it.  Property owners in the communities of Casa de Oro, Lakeside and Rainbow have submitted five street light petitions, presented here for Board approval.

The petition for Explorer Place/Sunray Place/Mars Way was previously presented to the Board on December 6, 2000 (2a) and continued to allow the Valle de Oro Planning Group to give input.  The Planning Group opposes four of the seven proposed lights.  However, the petition is supported by 55.0 percent of the responses, and many petitioners have called staff with favorable comments regarding the lights. In conformance with J-20, the recommended action is approval of Explorer Place/Sunray Place/Mars Way petition as well as the other four petitions.
 

  FISCAL IMPACT:
 

Costs to process petitions are an expense to benefiting property owners.  Costs to operate and maintain street lights are a regularly budgeted expense of the San Diego County Street Lighting District.  If approved, this request will result in no annual cost and will require no additional staff years.
 

  RECOMMENDATION:
 

CHIEF ADMINISTRATIVE OFFICER

1.    Find, in accordance with Section 15061(b)(3) of California Environmental Quality Act (CEQA) Guidelines, it can be seen with certainty there is no possibility the following actions may have a significant effect on the environment and are therefore not subject to CEQA.

2.    Approve the following Petitions:

a)      Lomo del Sur (Casa de Oro) for ten lights

b)      Lemon Crest Drive (Lakeside) for four lights.

c)      Olde Highway 80 East (Lakeside) for seven lights.

d)      Huffstatler Street (Rainbow) for three lights.

e)      Explorer Place/Sunray Place/Mars Way (Casa de Oro) for seven lights.
 

  ACTION:
 

ON MOTION of Supervisor Jacob, seconded by Supervisor Roberts, the Board of Supervisors directed the Chief Administrative Officer to conduct a re-vote based on the new boundaries.

AYES:  Cox, Jacob, Slater, Roberts, Horn
 

   

8.

SUBJECT:

SET HEARING FOR 08/01/2001

CONFIRMATION OF ASSESSMENTS FOR THE SAN DIEGO COUNTY STREET LIGHTING DISTRICT FOR FISCAL YEAR 2001-02 (DISTRICT: ALL)
 

  OVERVIEW:
 

The San Diego County Street Lighting District operates and maintains 8,500 public street lights throughout the unincorporated area of the County.  The District is funded through a portion of the one-percent property tax and assessments charged to properties that benefit from the lights. The proposed rate of $2.50 per benefit unit is unchanged since 1990. 

The assessments are confirmed by the Board of Supervisors at an annual public hearing.  The procedure involves approving the Engineer’s Report for the District, adopting a resolution of intention that sets a date for the public hearing, and adopting a resolution confirming the assessments at the close of the hearing.
 

  FISCAL IMPACT:
 

Funds for this proposal are budgeted in the San Diego County Street Lighting District.  If approved, this request will result in no additional current year cost, no annual cost, and require no additional staff years.
 

  RECOMMENDATION:
 

CHIEF ADMINISTRATIVE OFFICER

1.   Find that the proposed activity is exempt from California Environmental Quality Act (CEQA) as specified under the CEQA Guidelines Section 15061(b)(1) because the activity in question is the annual adoption of resolutions to confirm assessments after a public hearing.

2.   Accept and approve the Engineer’s Report for the San Diego County Street Lighting District.

3.   Adopt a Resolution entitled Resolution of Intention to Order Improvements for the San Diego County Street Lighting District, setting August 1, 2001, for the public hearing.

4.   At close of the public hearing, adopt a Resolution entitled Resolution Confirming Diagram and Assessments in the San Diego County Street Lighting District.
 

  ACTION:
 

ON MOTION of Supervisor Slater, seconded by Supervisor Jacob, the Board of Supervisors took action as recommended, on Consent, adopting Resolution No. 01-184, entitled:  RESOLUTION OF INTENTION TO ORDER IMPROVEMENTS FOR THE  SAN DIEGO COUNTY STREET LIGHTING DISTRICT; setting this matter for hearing on August 1, 2001, 9:00 a.m.

AYES:  Cox, Jacob, Slater, Roberts, Horn
 

   

9.

SUBJECT:

ADVERTISE AND AWARD CONTRACT FOR ENGINEERS ROAD IMPROVEMENTS (DISTRICT: 2)
 

  OVERVIEW:
 

In May 2000, a 600-foot portion of Engineers Road in the Lake Cuyamaca area was damaged by water after an abandoned water pipe was mistakenly opened by earthmoving employees working on private property. The water eroded the roadbed under Engineers Road and has caused cracking and subsidence of the asphalt surface. Repairs are needed before the damage worsens. County Counsel is in the process of securing reimbursement from the involved private parties for reimbursement to the County for repair costs.

This is a request for approval to advertise and subsequently award a contract to the lowest responsible bidder to reconstruct the structural section of the damaged portion of Engineers Road in the vicinity of the Cuyamaca Mountains.  Additionally, transfer of appropriations is requested from the Department of Public Works Road Fund general Road Maintenance activity into Engineers Road to cover costs, with the intention to obtain reimbursement from responsible parties.
 

  FISCAL IMPACT:
 

Because repair to Engineers Road is being contracted to an outside vendor, transfer of appropriations (within the Road Fund, from Road Maintenance to Engineers Road) is necessary to provide payment. Future reimbursement to the Road Fund from responsible private parties is anticipated. Funding source for this project is Gas Tax. Requested actions will result in approximately $100,000 current year cost, no subsequent cost, and will require no additional staff years.
 

  RECOMMENDATION:
 

CHIEF ADMINISTRATIVE OFFICER

1.   Find, in accordance with Section 15301 of California Environmental Quality Act (CEQA) Guidelines, this project is categorically exempt from provisions of CEQA since it consists of maintenance of existing facilities with no increase in capacity.

2.   Transfer appropriations in the amount of $100,000 within the Department of Public Works Org 5766, Account 2324, Task 324, from Activity 4C2000 (FY 2001-02 Road Maintenance) to Activity 1C2005 (Engineer’s Road). (4 VOTES)

3.   Authorize the Director, Department of Purchasing and Contracting, to take any action authorized by Section 403 of the Administrative Code with respect to contracting for subject public works project.

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

  ACTION:
 

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

AYES:  Cox, Jacob, Slater, Roberts, Horn
 

   

10.

SUBJECT:

CHIP SEALING OVER FABRIC ON VARIOUS COUNTY ROADS IN BORREGO SPRINGS, ROAD MAINTENANCE DIVISION 2 (DISTRICT: 5)
 

  OVERVIEW:
 

The County maintains approximately 1,900 miles of roads in unincorporated areas.  The Department of Public Works contracts chip sealing over fabric for County roads in the desert community on an annual basis. Chip sealing over fabric is a protective measure appropriate for roadways in extreme weather conditions that have enough structural strength to withstand the weight of traffic.  This application protects roadways from rain and heat, impedes deterioration, and costs much less than asphalt overlays, which are needed when roads are badly deteriorated and losing their structural strength. This project will maintain the structural integrity of roadway sections and delay future road repairs.

This is a request for approval to advertise and subsequently award a contract, to the lowest responsible bidder, to chip seal over fabric 27 road segments totaling 13.72 miles of County maintained roads in the Borrego Springs area. 
 

  FISCAL IMPACT:
 

Funds for this project are budgeted in the Department of Public Works Road Fund.  Funding source is Gas Tax funds.  This request will result in $1 million current year cost, no annual cost and will require no additional staff years.
 

  RECOMMENDATION:
 

CHIEF ADMINISTRATIVE OFFICER

1.    Find, in accordance with Section 15301 of California Environmental Quality Act (CEQA) Guidelines, that this project is categorically exempt from provisions of the Guidelines since it consists of maintenance of existing facilities with no increase in capacity.

2.    Authorize the Director, Department of Purchasing and Contracting, to take any action authorized by Section 403 of the Administrative Code with respect to contracting for subject public works project.

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

  ACTION:
 

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

AYES:  Cox, Jacob, Slater, Roberts, Horn
 

   

11.

SUBJECT:

ADOPT A RESOLUTION ACCEPTING PREVIOUSLY REJECTED OFFER  TO DEDICATE SUBDIVISION STREET FOR COUNTY OF SAN DIEGO TRACT NO. 4763-1 (MAP 13491)  LOCATED IN FALLBROOK PLANNING GROUP AREA (DISTRICT: 5)
 

  OVERVIEW:
 

This letter is regarding a recorded subdivision consisting of 13 single-family residential lots, and a total of 4.00 acres in the Fallbrook area, on the westerly side of Morro Road at the intersection with La Rue Avenue (Thomas Guide, Page 1027, G-3 , 2001 Edition). On January 28, 1998 (6), the Board approved an Amendment to Agreement to Improve Subdivision, released Lien Contract, terminated the Holding Agreement, and accepted a Performance Bond and a Labor & Material Bond to secure improvements.

The project is being brought before the Board for adoption of a resolution accepting a previously rejected offer to dedicate La Rue Avenue.
 

  FISCAL IMPACT:
 

N/A
 

  RECOMMENDATION:
 

CHIEF ADMINISTRATIVE OFFICER

1.    Adopt Resolution Accepting Previously Rejected Offer to Dedicate Subdivision Street, accepting the previously rejected offer of dedication of La Rue Avenue, Map No. 13491. (Attachment A)

2.    Direct the Clerk of the Board of Supervisors to record the adopted Resolution Accepting Previously Rejected Offer to Dedicate Subdivision Street with the San Diego County Recorder.
 

  ACTION:
 

ON MOTION of Supervisor Slater, seconded by Supervisor Jacob , the Board of Supervisors took action as recommended, on Consent, adopting Resolution No. 01-185, entitled:   RESOLUTION ACCEPTING PREVIOUSLY REJECTED OFFER TO DEDICATE SUBDIVISION STREET.

AYES:  Cox, Jacob, Slater, Roberts, Horn
 

   

12.

SUBJECT:

ASSUME AGREEMENT TO IMPROVE MAJOR SUBDIVISION, LIEN CONTRACT AND  HOLDING AGREEMENT FOR COUNTY OF SAN DIEGO TRACT NO. 4554-1 (FINAL MAP 13315), LOCATED IN LAKE MORENA/CAMPO SPONSOR GROUP AREA (DISTRICT: 2)
 

  OVERVIEW:
 

County of San Diego Tract 4554-1, Final Map 13315 is located in the Campo area, on both sides of Sheridan Road, 3,000 feet southerly of Highway 94 .  (Thomas Guide, Page 1318, B-6 , 2001 Edition)

The project is being brought before the Board for approval of an Agreement to Assume Agreement to Improve Major Subdivision, Lien Contract and Holding Agreement No. 00-1252.
 

  FISCAL IMPACT:
 

N/A
 

  RECOMMENDATION:
 

CHIEF ADMINISTRATIVE OFFICER

1.   Approve  and authorize the Clerk of the Board of Supervisors to execute the Agreement to Assume Agreement to Improve Major Subdivision, Lien Contract and Holding  Agreement No. 00-1252 . (Attachment A)

2.   Direct the Clerk of the Board to record the signed agreement in coordination with the escrow company, Chicago Title Insurance Company, immediately following transfer of the property to the new owner.
 

  ACTION:
 

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

AYES:  Cox, Jacob, Slater, Roberts, Horn
 

   

13.

SUBJECT:

APPROVAL OF A SECURED AGREEMENT FOR PUBLIC IMPROVEMENTS FOR COUNTY OF SAN DIEGO TENTATIVE PARCEL MAP NO. 20331, LOCATED IN FALLBROOK COMMUNITY PLANNING AREA (DISTRICT: 5)
 

  OVERVIEW:
 

This project is a minor subdivision consisting of 4 single-family residential lots, and a total of 0.94 acres.  It is located in the Fallbrook area, on the west side of Summit Avenue, 100’ south of the intersection of Summit Avenue and Beech Street .  (Thomas Guide, Page 1027, E-3 , 2001 Edition)

The project is being brought before the Board for approval of the secured agreement for  public improvements.
 

  FISCAL IMPACT:
 

N/A
 

  RECOMMENDATION:
 

CHIEF ADMINISTRATIVE OFFICER

1.   Approve and authorize the Clerk of the Board of Supervisors to execute the Agreement to Improve Minor Subdivision, which includes street improvements, sewer and water facilities. (Attachment A)

2.   Approve and authorize the Clerk of the Board of Supervisors to execute the Improvement Security Agreement Cash Deposit.  (Attachment B)
 

  ACTION:
 

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

AYES:  Cox, Jacob, Slater, Roberts, Horn
 

   

14.

SUBJECT:

EXTENSION OF PERFORMANCE COMPLETION DATES ON VARIOUS BONDED AGREEMENTS TO COMPLETE SUBDIVISION IMPROVEMENTS (DISTRICT: 2, 3, 5)
 

  OVERVIEW:

On July 6, 1976 (34) the Board of Supervisors approved a process for extending the time to complete improvements for major subdivisions.  In this process, the Department of Public Works reviews all existing subdivision agreements every four months and recommends a time extension, when determined appropriate, for agreements whose completion dates are approaching. This process is more efficient than reviewing and preparing Board letters for each subdivision agreement as it nears expiration.

This is a request to extend the date subdivision improvements are required to be completed by developers under existing bonded agreements. They are referenced by their Tentative Map numbers for convenience, but all have Final Maps previously approved by the Board
 

  FISCAL IMPACT:
 

Recommended action has no fiscal impact.
 

  RECOMMENDATION:
 

CHIEF ADMINISTRATIVE OFFICER

Extend to July 11, 2002, the performance completion date in subdivision agreements for developments referenced by Tentative Map numbers 4016-1, 4053-2, 4227-1, 4227-2, 4229-1, 4229-2, 4229-3, 4229-4, 4351-1, 4569-1, 4569-3, 4569-4, 4569-5, 4569-6, 4592-1, 4607-1, 4613-1, 4613-2, 4653-1, 4655-1, 4665-1, 4724-1, 4725-1, 4731-1, 4775-1, 4776-1, 4781-1, 4797-1, 4797-2, 4797-3, 4804-1, 4805-1, 4806-1, 4817-1, 4821-1, 4828-4, 4828-5, 4828-6, 4828-11, 4828-12, 4828-13, 4828-14, 4828-15, 4837-1, 4847-1, 4854-3, 4862-2, 4867-1, 4901-1, 4904-1, 4951-1, 5005-1, 5016-1, 5016-2, 5037-1, 5061-1, 5073-1, 5078-1, 5090-1, 5090-2, 5090-3, 5119-1 and 5123-1.
 

  ACTION:
 

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

AYES:  Cox, Jacob, Slater, Roberts, Horn

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

AYES:  Cox, Jacob, Slater, Roberts, Horn

15.       SUBJECT:     CONTINUED NOTICED PUBLIC HEARING:

CONSIDER RESPONSES TO REQUEST FOR PROPOSALS TO DEVELOP COUNTY PROPERTY IN SANTEE AND APPROVE RECOMMENDATION OF SOURCE SELECTION COMMITTEE     

(CARRYOVER ITEM FROM 7/10/2001, AGENDA NO. 8)

(Supv. Dist:     2)

OVERVIEW:

On July 10, 2001 (8), your Board continued this item to July 11, 2001.

The County owns 326 acres of land within the City of Santee.  The southern portion of this tract includes land that is suitable for the development of a master planned office park with facilities for high-tech and other related commercial businesses. Today’s recommended actions will allow the County to move forward in association with one qualified Master Developer to initiate this long-envisioned development that will improve the job and overall economic base of Santee and the East County.

Board of Supervisors actions, December 12, 2000 (9), authorized the Director of General Services to prepare and release a Request for Proposals (RFP) to master plan and develop 257 acres of County owned property in the City of Santee, reserving 61 acres for County use (see Attachment A).  The RFP was preceded by a Request for Qualifications that identified four development teams with the experience and financial capability to complete a project on the County’s property, based on a land use plan to be approved by the City of Santee.  Three developer proposals were received by the April 9, 2001 deadline, from Lankford & Associate, Inc., Ryan Companies US, Inc., and San Diego High Tech Visions. 

A Source Selection Committee, appointed by the Director of General Services, evaluated the developer proposals.  This committee included one representative of the County, one representative of the City of Santee, and three independent business professionals with expertise in urban planning, economic development, and real estate finance.  Gerald Trimble of the real estate and economic development consulting firm of Keyser Marston Associates, Inc. served as technical advisor to County staff and the committee.

After reviewing the developer proposals, considering formal presentations from each developer and considering responses to follow up questions posed by the committee, the Source Selection Committee unanimously concluded that Ryan Companies US presented the best proposal to develop the County’s property.

On June 27, 2001, the Santee City Council met to consider the recommendation of the County’s Selection Committee and passed a resolution confirming the committee’s recommendation to select Ryan Companies US as the developer of the County’s property.

The Board of Supervisors set July 10, 2001, as the time to consider recommendations of the Source Selection Committee.  The Board is requested to consider the three developer proposals and the recommendation of the Source Selection Committee as confirmed by the Santee City Council, and to select Ryan Companies US to master plan and develop approximately 257 acres of County-owned land in the City of Santee.

FISCAL IMPACT:

 The funds for this request are partially budgeted.  Appropriations in the amount of $50,000 are budgeted in the Edgemoor Development Fund.  Additional funds in the amount of $150,000 are being appropriated in this Board action.  This request will result in current year costs of $200,000 offset by developer contributions of $150,000, no annual costs, and will require no additional staff years.  Subsequent years' revenue is uncertain at this time.  The amount and timing of the revenue will be dependent on the entitlement approval process and the market response to the development.  Following approval of the business points (six to nine months), the developer will pay the County an additional $250,000 for the right to control the property though the entitlement period.

BUSINESS IMPACT STATEMENT:

Ryan Companies US will open an office in San Diego County for purposes of fulfilling its obligations under contract with the County.  Ryan Companies US estimates that it will spend during the next 18 to 24 months, up to $1,400,000 locally to obtain environmental clearance and entitlements required to develop the County’s property.  Assuming the developer is successful in obtaining entitlements, Ryan Companies US estimates that the project will generate construction activity in excess of $100 million and up to 5,800 permanent jobs over a period of seven to ten years.

RECOMMENDATION:

CHIEF ADMINISTRATIVE OFFICER:

1.      Find that the Board has received and considered the responses to the Request for Proposals to Develop Surplus County Property in Santee contained in this staff report to the Board.

2.      Adopt the Source Selection Committee’s recommendation to select Ryan Companies US as the Master Developer of the County’s surplus property in Santee.

3.      Authorize the Director, Department of General Services, to execute an Exclusive Negotiating Agreement (ENA) with Ryan Companies US, Inc. in  substantially the same form as attached hereto as Attachment B.

4.      Authorize the Director, Department of General Services, as the County's Lease Administrator, to negotiate the business terms of a Development Agreement (with option to purchase or lease) for the County’s Surplus Property in Santee with Ryan Companies US.

5.      Direct the Director, Department of General Services to return to the Board to Adopt an Ordinance to enter into a Development Agreement for the County’s Surplus Property in Santee should negotiations with Ryan Companies US result in a tentative agreement, or in the alternative, to report that negotiations were unsuccessful and recommend that the Board authorize negotiations with one or both of the other qualified developers.

6.      Amend the Edgemoor Development Fund Spending Plan to increase in the amount of $150,000 in org 5481, account 2315, professional and specialized services offset by revenue from the developer in account 9995.  (4 VOTES)

7.   Find, in accordance with section 15061(b)(3) of the California Environmental Quality Act guidelines, that the preparation and acceptance of an Exclusive Negotiating Agreement is categorically exempt from the California Environmental Quality Act because it can be seen with certainty that these actions will not have an adverse effect on the environment.

ACTION:

ON MOTION of Supervisor Jacob, seconded by Supervisor Slater, the Board of Supervisors took action as recommended; directed the Chief Administrative Officer to establish a criteria requiring improvements to the San Diego River through the City of Santee to be consistent with the required standard established for private landowners in the Lakeside area.

AYES:  Cox, Jacob, Slater, Roberts, Horn
 

16.       SUBJECT:     CLOSED SESSION

(CARRYOVER ITEM FROM 7/10/2001, AGENDA NO. 22)

(Supv. Dist:  All )

OVERVIEW:

A.        CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION

Guadalupe Leon, et al. v. County of San Diego, et al.; United States District Court No. 00-CV-1292

B.         CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION

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

C.        CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION

Darcie Rohman v. County of San Diego, et al; San Diego Superior Court No. GIC 764898

D.        CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION

A. David Stutz v. County of San Diego, et al.; San Diego Superior Court Case No. GIC 766221

E.         CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION

Walter M. Shaw, et al. v. Cal West Alpine Association, et al.; San Diego Superior Court No. GIC 747634

F.         CONFERENCE WITH LEGAL COUNSEL – THREATENED LITIGATION

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

No. of Potential Cases:            1         

 G.       CONFERENCE WITH LEGAL COUNSEL – THREATENED LITIGATION

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

No. of Potential Cases:        1

H.        CONFERENCE WITH LABOR NEGOTIATORS

Designated Representatives:  Carlos Arauz, Madge Blakey and Mike Kolb

Employee Organizations:           All

ACTION:

In compliance with Government Section Code Section 51957.1, County Counsel reported the following action:  On Item E,  by affirmative vote of all five members of the Board of Supervisors, the County authorized County Counsel to enter into a settlement agreement and mutual release with the cross complaint in that action.  
   

17.              SUBJECT:     OFF DOCKET ITEM:

 AMENDMENTS TO THE COMPENSATION ORDINANCE RELATING TO TENTATIVE AGREEMENT PENDING RATIFICATION FOR ELEVEN EMPLOYEE BARGAINING UNITS REPRESENTED BY SERVICE EMPLOYEES INTERNATIONAL UNION, LOCAL 2028, AFL-CIO, CLC

(Supv. Dist:  All )

OVERVIEW:

This action: 1) presents Compensation Ordinance amendments for a first reading of negotiated provisions in four Memoranda of Agreement between the County and the Service Employees International Union, Local 2028, AFL-CIO, CLC currently undergoing the ratification process; 2) adds equity adjustments for specific classes; and 3) adds premiums and other benefits.

Tentative Agreement was reached by County representatives with the Service Employees International Union, Local 2028, AFL-CIO, CLC on July 3, 2001.  The agreement is for a five-year term.

The Tentative Agreement is now undergoing the ratification process.  On-site voting is  under way at County worksites and will continue until July 16, 2001.  The Union will inform the County of the results of the voting by noon on July 16.  The Memoranda of Agreement for all units that ratify will be presented to your Board for consideration and approval on July 17, 2001.

The agreement includes, among other wage and benefit improvements, major enhancements to employee retirement benefits. The requirements of the 1937 Retirement Act makes the implementation of retirement benefit improvements contingent upon the resolution of negotiations with all employee unions in order to implement the improvements Countywide. This could delay the date of implementation.  However, if all contingencies are met, the conversion of Tier II to Tier I will occur October 19, 2001 and the new enhanced Tier A will become effective March 8, 2002 following an open enrollment period November 1, 2001 through January 31, 2002.

The agreement also includes March 31, Cesar Chavez Day as a new, fixed holiday. The implementation of this holiday is also contingent upon resolution of negotiations with all employee unions so the County may close all facilities normally closed on holidays.

FISCAL IMPACT:

The increased costs associated with this contract are:

     

2001-2002

2002-2003

2003-2004

2004-2005

2005-2006

 
Wages

$20,825,316

$16,467,887

$13,376,282

$12,454,142

$12,870,175

 
Health

    1,180,680

1,381,032

    1,381,032

    1,381,032

    1,381,032

 
Transportation

       353,920

--

--

--

--

 
Ret. Offset

       994,596

--

--

--

--

 
 Premiums/Uniforms

       233,703

386,548

--

--

--

 
TOTAL

$23,588,215

$18,235,467

$14,757,314

$13,835,174

$14,251,207

 
   

The implementation of salary adjustments above will have no negative funding effect on the County Employee Retirement System (CERS).

BUSINESS IMPACT STATEMENT:

N/A

RECOMMENDATION:

CHIEF ADMINISTRATIVE OFFICER:

1.         Approve introduction (first reading) of ordinance; read title and waive further reading of  ordinance (MAJORITY VOTE):

AN ORDINANCE AMENDING THE COMPENSATION ORDINANCE AND ESTABLISHING COMPENSATION.

AN ORDINANCE AMENDING SECTIONS 472 OF THE ADMINISTRATIVE CODE RELATING TO MILEAGE REIMBURSEMENT, AND 495 RELATING TO TRANSPORTATION REIMBURSEMENT.

Submit ordinance for further Board consideration and adoption (second reading) on July 17, 2001.

2.         Set July 17, 2001 as the date for consideration and approval of the ratified Memoranda of  Agreement between the County and the Service Employee's International Union,  Local 2028, AFL-CIO, CLC.

ACTION:

ON MOTION of Supervisor Jacob, seconded by Supervisor Slater, the Board of Supervisors found that the need to take action arose subsequent to the Agenda being posted, adopted appropriate Findings and placed the item on the agenda.

AYES:  Cox, Jacob, Slater, Roberts, Horn

17.1    ACTION:

ON MOTION of Supervisor Cox, seconded by Supervisor Slater, the Board of Supervisors took action  as recommended, introducing ordinances for further Board consideration and adoption on July 17, 2001.

AYES:  Cox, Jacob, Slater, Roberts, Horn
 

18.              SUBJECT:     OFF DOCKET ITEM:

AMENDMENTS TO THE COMPENSATION ORDINANCE RELATING TO TENTATIVE AGREEMENT PENDING RATIFICATION FOR THE PROBATION OFFICERS’ BARGAINING UNIT REPRESENTED BY SERVICE EMPLOYEES INTERNATIONAL UNION, LOCAL 2028, AFL-CIO, CLC

(Supv. Dist: All  )

OVERVIEW:

This action: 1) presents Compensation Ordinance amendments for a first reading of negotiated   provisions in the Probation Officers’ (PO) Memorandum of Agreement between the County and the Service Employees International Union, Local 2028, AFL-CIO, CLC currently undergoing the ratification process; 2) adds additional steps for specific classes; and 3) adds premiums and other     benefits.

Tentative Agreement was reached by County representatives with the Service Employees International Union, Local 2028, AFL-CIO, CLC on July 3, 2001.  The agreement is for a five-year term.

The Tentative Agreement is now undergoing the ratification process.  On-site voting is  under way at County worksites and will continue until July 16, 2001.  The Union will inform the County of the results of the voting by noon on July 16.  The Memoranda of Agreement for all units that ratify will be presented to your Board for consideration and approval on July 17, 2001.

The agreement includes, among other wage and benefit improvements, major enhancements to employee retirement benefits. The requirements of the 1937 Retirement Act makes the implementation of retirement benefit improvements contingent upon the resolution of negotiations with all employee unions in order to implement the improvements Countywide. This could delay the date of implementation.  However, if all contingencies are met, the conversion of Tier II to Tier I will occur October 19, 2001 and the new enhanced Tier A will become effective March 8, 2002 following an open enrollment period November 1, 2001 through January 31, 2002.

The agreement also includes March 31, Cesar Chavez Day as a new, fixed holiday. The implementation of this holiday is also contingent upon resolution of negotiations with

all employee unions so the County may close all facilities normally closed on holidays.       

FISCAL IMPACT:

The increased costs associated with this contract are:

 

2001-2002

2002-2003

2003-2004

2004-2005

2005-2006

Wages

$1,958,009

$1,818,772

$1,600,121

$1,577,791

$1,627,492

Health

133,440

155,856

155,856

155,856

155,856

Transportation

--

744,968

--

--

--

Ret. Offset

1,004,567

196,541

--

--

--

Premiums/Uniforms

49,169

44,000

--